[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1638 Reported in Senate (RS)]






                                                       Calendar No. 614
110th CONGRESS
  2d Session
                                S. 1638

 To adjust the salaries of Federal justices and judges, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2007

   Mr. Leahy (for himself, Mr. Hatch, Mr. Reid, Mr. McConnell, Mrs. 
  Feinstein, Mr. Graham, Mr. Kennedy, Mr. Bingaman, Ms. Cantwell, Mr. 
 Kerry, Mr. Bennett, Mr. Lieberman, Mr. Domenici, Mr. Lautenberg, Mr. 
Warner, Ms. Snowe, Mr. Inouye, Mr. Smith, Ms. Landrieu, Mr. Pryor, and 
  Mr. Corker) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             March 10, 2008

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To adjust the salaries of Federal justices and judges, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Judicial Salary 
Restoration Act of 2007''.</DELETED>

<DELETED>SEC. 2. RESTORATION OF COMPENSATION.</DELETED>

<DELETED>    (a) In General.--Notwithstanding any other provision of 
law, the annual rate of salary of--</DELETED>
        <DELETED>    (1) the judges of the district courts, as 
        established under section 132 of title 28, United States Code, 
        shall be adjusted to $247,800;</DELETED>
        <DELETED>    (2) the judges of the Court of International 
        Trade, as established under section 251 of title 28, United 
        States Code, shall be adjusted to $247,800;</DELETED>
        <DELETED>    (3) the judges of the courts of appeals, as 
        established under section 44 of title 28, United States Code, 
        shall be adjusted to $262,700;</DELETED>
        <DELETED>    (4) the Associate Justices of the Supreme Court, 
        as described under section 1 of title 28, United States Code, 
        shall be adjusted to $304,500; and</DELETED>
        <DELETED>    (5) the Chief Justice of the United States, as 
        described under section 1 of title 28, United States Code, 
        shall be adjusted to $318,200.</DELETED>
<DELETED>    (b) Effective Date.--This section shall take effect on the 
first applicable pay period beginning on or after the date of enactment 
of this Act.</DELETED>

<DELETED>SEC. 3. COORDINATION RULE.</DELETED>

<DELETED>    If a pay adjustment under section 2 is to be made for an 
office or position as of the same date that any other pay adjustment 
would take effect for such office or position, the adjustment under 
this Act shall be made first.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Judicial Salary Restoration 
Act of 2008''.

SEC. 2. RESTORATION OF COMPENSATION.

    (a) In General.--Effective the first applicable pay period 
beginning on or after the date of enactment of this Act, the salaries 
of the following categories of Federal judicial officers shall be as 
follows:
            (1) The judges of the United States district courts 
        appointed under section 133(a) of title 28, United States Code, 
        shall be adjusted to $218,000.
            (2) The judges of the United States Court of International 
        Trade appointed under section 251(a) of title 28, United States 
        Code, shall be adjusted to $218,000.
            (3) The judges of the United States courts of appeals 
        appointed under section 44(a) of title 28, United States Code, 
        shall be adjusted to $231,100.
            (4) The associate justices of the United States Supreme 
        Court provided for in section 1 of title 28, United States 
        Code, shall be adjusted to $267,900.
            (5) The Chief Justice of the United States provided for in 
        section 1 of title 28, United States Code, shall be adjusted to 
        $279,900.
    (b) Coordination Rule.--If a pay adjustment under subsection (a) is 
to be made for an office as of the same date that any other pay 
adjustment would take effect for such office, the adjustment under 
subsection (a) shall be made first.

SEC. 3. REPEAL OF PROHIBITION ON SALARY INCREASES.

    Section 140 of Public Law 97-92, as amended by Public Law 107-77 
(28 U.S.C. 461 note), is repealed.

SEC. 4. RETIREMENT PROVISIONS.

    (a) Retirement From the Office.--Section 371 of title 28, United 
States Code, is amended--
            (1) in subsection (a), by striking ``subsection (c)'' and 
        inserting ``subsection (c)(1)'';
            (2) in subsection (b)(1), by striking ``subsection (c)'' 
        and inserting ``subsection (c)(2)''; and
            (3) by amending subsection (c) to read as follows:
    ``(c) Age and Service Requirements.--
            ``(1) Retirement on salary.--The age and service 
        requirements for retirement under subsection (a) are as 
        follows:


------------------------------------------------------------------------
                  ``Attained Age:                     Years of Service:
------------------------------------------------------------------------
67.................................................                   17
68.................................................                   16
69.................................................                   15
70.................................................                   14
71.................................................                   13
72.................................................                   12
------------------------------------------------------------------------

            ``(2) Retirement in senior status.--The age and service 
        requirements for retirement under subsection (b) are as 
        follows:


------------------------------------------------------------------------
                  ``Attained Age:                     Years of Service:
------------------------------------------------------------------------
65.................................................                   15
66.................................................                   14
67.................................................                   13
68.................................................                   12
69.................................................                   11
70.................................................                10''.
------------------------------------------------------------------------

    (b) Election of Retirement for Sitting Judges.--Any justice or 
judge of the United States who is in active service on the date of the 
enactment of this Act may elect to retire under section 371(a) of title 
28, United States Code--
            (1) on the basis of the age and service requirements under 
        section 371(c)(1) of title 28, United States Code, as amended 
        by subsection (a) of this section, or
            (2) on the basis of the age and service requirements under 
        section 371(c) of title 28, United States Code, as in effect on 
        the day before the date of the enactment of this Act,
except that the annuity of a justice or judge who makes the election 
under paragraph (2) shall be equal to the salary such justice or judge 
was receiving on the day before the date of the enactment of this Act.
    (c) Workload of Senior Judges.--Section 371(e)(1) of title 28, 
United States code, is amended--
            (1) in subparagraphs (A) and (B), by striking ``three 
        months'' and inserting ``4 months''; and
            (2) in subparagraph (C), by striking ``3 months'' and 
        inserting ``4 months''.

SEC. 5. ANNUAL SALARY ADJUSTMENTS.

    Section 461(a) of title 28, United States Code, is amended to read 
as follows:
    ``(a) Effective at the beginning of the first applicable pay period 
commencing on or after the first day of the month in which an 
adjustment takes effect under section 5303 of title 5 in the rates of 
pay under the General Schedule (except as provided in subsection (b)), 
each salary rate which is subject to adjustment under this section 
shall be adjusted by an amount, rounded to the nearest multiple of $100 
(or, if midway between multiples of $100, to the next higher multiple 
of $100) equal to the percentage of such salary rate which corresponds 
to the percentage of the adjustment taking effect under such section 
5303 in the rates of pay under the General Schedule.''.

SEC. 6. INCOME LIMITATION ON RETIREMENT ANNUITY.

    (a) Income Limitation.--Beginning in calendar year 2009, the amount 
of the annuity in a calendar year of a justice or judge of the United 
States who retires under section 371(a) of title 28, United States 
Code, shall be reduced by the amount of any earned income of such 
justice or judge in such calendar year that exceeds the amount of the 
salary the justice or judge was receiving at the time of retirement, as 
follows:
            (1) For every $2 in excess of such salary, the annuity 
        shall be reduced by $1, except that the reduction in the 
        annuity in a calendar year as a result of such excess earned 
        income may not exceed 67 percent of the amount of such annuity.
            (2) The reductions made under paragraph (1) in a calendar 
        year expire at the end of that calendar year.
    (b) Applicability.--Subsection (a) shall not apply to any 
individual who has retired under section 371(a) of title 28, United 
States Code, before the date of the enactment of this Act.

SEC. 7. LIMITATION ON ACCEPTANCE OF HONORARY MEMBERSHIPS.

    (a) Definitions.--In this section:
            (1) Gift.--The term ``gift'' has the meaning given under 
        section 109(5) of the Ethics in Government Act of 1978 (5 
        U.S.C. App.), except subparagraphs (A) through (F) of that 
        paragraph shall not apply.
            (2) Judicial officer.--The term ``judicial officer'' has 
        the meaning given under section 109(10) of the Ethics in 
        Government Act of 1978 (5 U.S.C. App.).
    (b) Prohibition on Acceptance of Honorary Memberships.--A judicial 
officer may not accept a gift of an honorary membership with a value of 
more than $50 in any calendar year.

SEC. 8. JUDICIAL TRAVEL REPORTING REQUIREMENTS.

    (a) In General.--
            (1) Definition.--In this subsection, the term ``judicial 
        officer'' has the meaning given under section 109(10) of the 
        Ethics in Government Act of 1978 (5 U.S.C. App.).
            (2) Reporting requirement.--In addition to the contents of 
        reports required under section 102(a)(2)(B) of the Ethics in 
        Government Act of 1978 (5 U.S.C. App.), each judicial officer 
        shall include--
                    (A) a disclosure and itemization of the value of 
                payments and reimbursements received for 
                transportation, lodging, meals, and any other 
                subsistence expenses;
                    (B) a disclosure of any expenses paid or reimbursed 
                for an accompanying spouse or dependent child; and
                    (C) a description of all meetings and events 
                attended during travel.
    (b) Public Availability.--Section 105 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.) is amended by adding at the end the 
following:
    ``(e) Notwithstanding subsection (b)(2), the Judicial Conference 
and the Director of the Administrative Office of the United States 
Courts shall make each report filed by a judicial officer under this 
Act (other than a report filed under section 107) available on the 
website of the Administrative Office of the United States Courts.''.

SEC. 9. APPLICATION OF ETHICS REGULATIONS TO THE SUPREME COURT.

    (a) In General.--The Regulations of the Judicial Conference of the 
United States Under Title VI of the Ethics Reform Act of 1989 
Concerning Outside Earned Income, Honoraria, and Outside Employment and 
the Regulations of the Judicial Conference of the United States Under 
Title III of the Ethics Reform Act of 1989 Concerning Gifts shall apply 
to the Chief Justice of the United States, Associate Justices of the 
Supreme Court of the United States, and officers and employees of the 
Supreme Court of the United States.
    (b) Review.--Not later than 90 days after the date of enactment of 
this Act, the Judicial Conference shall conduct a thorough review of 
the regulations described under subsection (a).

SEC. 10. JUDICIAL GIFTS.

    (a) In General.--A Federal judge or justice shall not--
            (1) accept, in connection with a single trip or event, 
        travel, food, lodging, reimbursement, outside earned income, or 
        anything that would be considered a gift under the Regulations 
        of the Judicial Conference of the United States Under Title III 
        of the Ethics Reform Act of 1989 Concerning Gifts, valued at 
        greater than $2,000, from a source other than--
                    (A) the Federal Government or a State or local 
                government (other than a public educational 
                institution); or
                    (B) a Federal, State, or local bar association, a 
                subject-matter bar association, a judicial association, 
                the Judicial Division of the American Bar Association, 
                or the National Judicial College; and
            (2) accept travel, food, lodging, reimbursement, outside 
        earned income, or anything that would be considered a gift 
        under the Regulations of the Judicial Conference of the United 
        States Under Title III of the Ethics Reform Act of 1989 
        Concerning Gifts, in connection with attending, as a speaker or 
        participant, a program, a significant purpose of which is the 
        education of United States Federal or state judges, from a 
        source other than--
                    (A) the Federal Government or a State or local 
                government (other than a public educational 
                institution); or
                    (B) a Federal, State, or local bar association, a 
                subject-matter bar association, a judicial association, 
                the Judicial Division of the American Bar Association, 
                or the National Judicial College.
    (b) Exception.--Subsection (a)(1) shall not apply to any trip 
approved by the Department of State to promote the rule of law or 
developing legal systems in foreign countries, if the reimbursement for 
that trip is provided only for travel, meals, and lodging expenses.
    (c) Value Limits.--
            (1) Aggregate limit.--The total value of all travel, gifts, 
        and other things regulated in subsection (a)(1) that are 
        accepted by a Federal judge or justice within a single year 
        shall not exceed $20,000.
            (2) Adjustments.--The amounts referenced in paragraph (1) 
        and subsection (a)(1) shall be adjusted by the 12-month 
        percentage increase (if any) in the Consumer Price Index for 
        All Urban Consumers (or a successor index if any) based on the 
        immediately preceding 12 months for which data is available.

SEC. 11. UNITED STATES COURT OF FEDERAL CLAIMS ACCOUNTABILITY.

    Section 476 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) In this section, the term `judicial officer' includes active 
and senior judges of the United States Court of Federal Claims.''.

SEC. 12. BANKRUPTCY TRUSTEES.

    (a) Fees.--Section 330(b)(2) of title 11, United States Code, is 
amended, in the undesignated matter following subparagraph (B), by 
striking ``$15'' in each place it appears and inserting ``$75''.
    (b) No Additional Fees or Costs for Individual Debtors.--No 
additional fee or cost charged to individual debtors or their attorneys 
shall be assessed to directly or indirectly provide funding for any of 
the $60 increase in trustee payments provided for by the amendments 
made under subsection (a).
    (c) Effective Date and Application.--
            (1) Effective date.--This section shall take effect 180 
        days after the date of enactment of this Act.
            (2) Application.--The amendments made by this section shall 
        not apply with respect to cases commenced under title 11, 
        United States Code, before the effective date of this section.

SEC. 13. SEVERABILITY.

    If any provision of this Act or an amendment made by this Act, or 
the application of such a provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this Act and the 
amendments made by this Act, and the application of this Act and such 
amendments to any other person or circumstance, shall not be affected 
by such holding.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 15. EFFECTIVE DATE.

    This Act and the amendments and the repeal made by this Act take 
effect on the date of the enactment of this Act.
                                                       Calendar No. 614

110th CONGRESS

  2d Session

                                S. 1638

_______________________________________________________________________

                                 A BILL

 To adjust the salaries of Federal justices and judges, and for other 
                               purposes.

_______________________________________________________________________

                             March 10, 2008

                       Reported with an amendment