[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 787 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 787

To provide for the fair treatment of the Federal judiciary relating to 
compensation and benefits, and to instill greater public confidence in 
                          the Federal courts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 3, 2003

Mr. Leahy (for himself and Mr. Kerry) introduced the following bill; 
        which was read twice and referred to the Committee on the 
        JudiciaryYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
To provide for the fair treatment of the Federal judiciary relating to 
compensation and benefits, and to instill greater public confidence in 
                          the Federal courts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair and Independent Federal 
Judiciary Act of 2003''.

SEC. 2. SALARY ADJUSTMENTS.

    (a) Restoration of Statutory Cost-of-Living Adjustments.--The 
annual salaries for justices and judges are the following:
            (1) Chief Justice of the Supreme Court, $211,300.
            (2) Associate Justices of the Supreme Court, $202,100.
            (3) Judges, Court of Appeals, $174,600.
            (4) Judges, Court of Military Appeals, $174,600.
            (5) Judges, District Court, $164,700.
            (6) Judges, Court of Federal Claims, $164,700.
            (7) Judges, Court of International Trade, $164,700.
            (8) Judges, Tax Court, $164,700.
            (9) Judges, Bankruptcy, $151,524.
    (b) Effective Date.--This section shall take effect on the first 
day of the first applicable pay period beginning on or after the date 
of enactment of this Act.

SEC. 3. REPEAL OF ANNUAL CONGRESSIONAL AUTHORIZATION FOR COST OF LIVING 
              ADJUSTMENT.

    Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is repealed.

SEC. 4. SURVIVOR BENEFITS UNDER JUDICIAL SYSTEM AND OTHER SYSTEMS.

    (a) Creditable Years of Service.--Section 376 of title 28, United 
States Code, is amended--
            (1) in subsection (k)(3), by striking the colon through 
        ``this section''; and
            (2) in subsection (r), by striking the colon through 
        ``other annuity''.
    (b) Notification Period for Survivor Annuity Coverage.--
            (1) In general.--Section 376 (a)(1) of title 28, United 
        States Code, is amended in the matter following subparagraph 
        (G) by striking ``six months'' and inserting ``1 year''.
            (2) Effective date.--This subsection shall take effect on 
        the date of enactment of this Act and apply only to written 
        notifications received by the Director of the Administrative 
        Office of the United States Courts after the dates described 
        under clause (i) or (ii) in the matter following subparagraph 
        (G) of section 376 (a)(1) of title 28, United States Code.

SEC. 5. CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION.

    (a) Appointments.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the President shall appoint members to 
        the Citizens' Commission on Public Service and Compensation 
        under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 
        351 et seq.).
            (2) Membership.--Section 225(b) of the Federal Salary Act 
        of 1967 (2 U.S.C. 352) is amended--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) The Commission shall be composed of 11 members, who 
        shall be appointed from private life by the President. No more 
        than 6 members of the Commission may be affiliated with the 
        same political party.'';
                    (B) by striking paragraph (4); and
                    (C) by redesignating paragraphs (5) through (8) as 
                paragraphs (4) through (7), respectively.
            (3) Quadrennial application.--Section 225(b)(8)(B) of the 
        Federal Salary Act of 1967 (2 U.S.C. 352(8)(B)), is amended in 
        the first sentence by striking ``1993'' each place that term 
        appears and inserting ``2006'' in each such place.
    (b) Report.--The Citizens' Commission on Public Service and 
Compensation shall prepare a report in accordance with section 225 of 
the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.) with respect to 
fiscal year 2003 and every fourth fiscal year thereafter.

SEC. 6. JUDICIAL EDUCATION FUND.

    (a) Establishment.--Chapter 42 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
    ``(a) In this section, the term--
            ``(1) `institution of higher education' has the meaning 
        given under section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a));
            ``(2) `private judicial seminar'--
                    ``(A) means a seminar, symposia, panel discussion, 
                course, or a similar event that provides continuing 
                legal education to judges; and
                    ``(B) does not include--
                            ``(i) seminars that last 1 day or less and 
                        are conducted by, and on the campus of, an 
                        institute of higher education;
                            ``(ii) seminars that last 1 day or less and 
                        are conducted by national bar associations or 
                        State or local bar associations for the benefit 
                        of the bar association membership; or
                            ``(iii) seminars of any length conducted 
                        by, and on the campus of an institute of higher 
                        education or by national bar associations or 
                        State or local bar associations, where a judge 
                        is a presenter and at which judges constitute 
                        less than 25 percent of the participants;
            ``(3) `national bar association' means a national 
        organization that is open to general membership to all members 
        of the bar; and
            ``(4) `State or local bar association' means a State or 
        local organization that is open to general membership to all 
        members of the bar in the specified geographic region.
    ``(b) There is established within the United States Treasury a fund 
to be known as the `Judicial Education Fund' (in this section referred 
to as the `Fund').
    ``(c) Amounts in the Fund may be made available for the payment of 
necessary expenses, including reasonable expenditures for 
transportation, food, lodging, private judicial seminar fees and 
materials, incurred by a judge or justice in attending a private 
judicial seminar approved by the Board of the Federal Judicial Center. 
Necessary expenses shall not include expenditures for recreational 
activities or entertainment other than that provided to all attendees 
as an integral part of the private judicial seminar. Any payment from 
the Fund shall be approved by the Board.
    ``(d) The Board may approve a private judicial seminar after 
submission of information by the sponsor of that private judicial 
seminar that includes--
            ``(1) the content of the private judicial seminar 
        (including a list of presenters, topics, and course materials); 
        and
            ``(2) the litigation activities of the sponsor and the 
        presenters at the private judicial seminar (including the 
        litigation activities of the employer of each presenter) on the 
        topic related to those addressed at the private judicial 
        seminar.
    ``(e) If the Board approves a private judicial seminar, the Board 
shall make the information submitted under subsection (d) relating to 
the private judicial seminar available to judges and the public by 
posting the information on the Internet.
    ``(f) The Judicial Conference shall promulgate guidelines to ensure 
that the Board only approves private judicial seminars that are 
conducted in a manner so as to maintain the public's confidence in an 
unbiased and fair-minded judiciary.
    ``(g) There are authorized to be appropriated for deposit in the 
Fund $2,000,000 for each of fiscal years 2003, 2004, and 2005, to 
remain available until expended.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 42 of title 28, United States Code, is amended by adding at the 
end the following:

``630. Judicial Education Fund.''.

SEC. 7. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED.

    (a) Definitions.--In this section, the term--
            (1) ``institution of higher education'' has the meaning 
        given under section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a));
            (2) ``private judicial seminar''--
                    (A) means a seminar, symposia, panel discussion, 
                course, or a similar event that provides continuing 
                legal education to judges; and
                    (B) does not include--
                            (i) seminars that last 1 day or less and 
                        are conducted by, and on the campus of, an 
                        institute of higher education;
                            (ii) seminars that last 1 day or less and 
                        are conducted by national bar associations or 
                        State or local bar associations for the benefit 
                        of the bar association membership; or
                            (iii) seminars of any length conducted by, 
                        and on the campus of an institute of higher 
                        education or by national bar associations or 
                        State or local bar associations, where a judge 
                        is a presenter and at which judges constitute 
                        less than 25 percent of the participants.
            (3) ``national bar association'' means a national 
        organization that is open to general membership to all members 
        of the bar; and
            (4) ``State or local bar association'' means a State or 
        local organization that is open to general membership to all 
        members of the bar in the specified geographic region.
    (b) In General.--Not later than 240 days after the date of 
enactment of this Act, the Judicial Conference of the United States 
shall promulgate regulations to apply section 7353(a) of title 5, 
United States Code, to prohibit the solicitation or acceptance of 
anything of value in connection with a private judicial seminar.
    (c) Exception.--The prohibition under the regulations promulgated 
under subsection (b) shall not apply if--
            (1) the judge participates in a private judicial seminar as 
        a speaker, panel participant, or otherwise presents 
        information;
            (2) Federal judges are not the primary audience at the 
        private judicial seminar; and
            (3) the thing of value accepted is--
                    (A) reimbursement from the private judicial seminar 
                sponsor of reasonable transportation, food, or lodging 
                expenses on any day on which the judge speaks, 
                participates, or presents information, as applicable;
                    (B) attendance at the private judicial seminar on 
                any day on which the judge speaks, participates, or 
                presents information, as applicable; or
                    (C) anything excluded from the definition of a gift 
                under regulations of the Judicial Conference of the 
                United States under sections 7351 and 7353 of title 5, 
                United States Code, as in effect on the date of 
                enactment of this Act.

SEC. 8. RECUSAL LISTS.

    Section 455 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(g)(1) Each justice, judge, and magistrate of the United States 
shall maintain a list of all financial interests that would require 
disqualification under subsection (b)(4).
    ``(2) Each list maintained under paragraph (1) shall be made 
available to the public at the office of the clerk for the court at 
which a justice, judge, or magistrate is assigned.''.

SEC. 9. AVOIDING IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL 
              ACTIVITIES.

    In accordance with the Code of Conduct for United States Judges, a 
judge must avoid all impropriety and appearance of impropriety. The 
prohibition against behaving with impropriety applies to both the 
professional and personal conduct of a judge. Therefore, a judge should 
not hold membership in any organization, except for religious or 
fraternal organizations, that practices discrimination on the basis of 
race, gender, religion, or national origin.
                                 <all>