[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3632


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2009

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To provide improvements for the operations of the Federal courts, and 
                          for other purposes.

    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 ``Federal Judiciary Administrative 
Improvements Act of 2009''.

SEC. 2. SENIOR JUDGE GOVERNANCE CORRECTION.

    (a) In General.--Section 631(a) of title 28, United States Code, is 
amended in the first sentence by striking ``(including any judge in 
regular active service'' and all that follows through ``was 
appointed)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE DISTRICT OF NORTH 
              DAKOTA.

    (a) In General.--Section 114 of title 28, United States Code, is 
amended to read as follows:
``Sec. 114. North Dakota
    ``North Dakota constitutes one judicial district.
            ``Court shall be held at Bismarck, Fargo, Grand Forks, and 
        Minot.''.
    (b) Current Cases and Juries Not Affected.--
            (1)  Pending cases not affected.--The amendment made by 
        subsection (a) shall not affect any action commenced before the 
        effective date under subsection (c) and pending in the United 
        States District Court for the District of North Dakota on such 
        date.
            (2) Juries not affected.--The amendment made by subsection 
        (a) shall not affect the composition, or preclude the service, 
        of any grand or petit jury summoned, empaneled, or actually 
        serving in the Judicial District of North Dakota on the 
        effective date under subsection (c).
    (c) Effective Date.--This section and the amendment made by this 
section shall take effect 90 days after the date of the enactment of 
this Act.

SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF 
              ANNUITIES FOR TERRITORIAL JUDGES.

    (a) In General.--Section 373 of title 28, United States Code, is 
amended--
            (1) in subsection (c), by amending paragraph (4) to read as 
        follows:
    ``(4) Any senior judge performing judicial duties pursuant to 
recall under paragraph (2) of this subsection shall be paid, while 
performing such duties, the same compensation (in lieu of the annuity 
payable under this section) and the same allowances for travel and 
other expenses as a judge on active duty with the court being 
served.'';
            (2) by amending subsection (e) to read as follows:
    ``(e)(1) Any judge of the District Court of Guam, the District 
Court of the Northern Mariana Islands, or the District Court of the 
Virgin Islands who is not reappointed (as judge of such court) shall be 
entitled, upon attaining the age of 65 years or upon relinquishing 
office if the judge is then beyond the age of 65 years--
            ``(A) if the judicial service of such judge, continuous or 
        otherwise, aggregates 15 years or more, to receive during the 
        remainder of the life of such judge an annuity equal to the 
        salary received when the judge left office; or
            ``(B) if such judicial service, continuous or otherwise, 
        aggregates less than 15 years, to receive during the remainder 
        of the life of such judge an annuity equal to that proportion 
        of such salary that the aggregate number of years of service of 
        such judge bears to 15.
    ``(2) Any judge of the District Court of Guam, the District Court 
of the Northern Mariana Islands, or the District Court of the Virgin 
Islands who has served at least 5 years, continuously or otherwise, and 
who retires or is removed upon the sole ground of mental or physical 
disability, shall be entitled to receive during the remainder of the 
life of such judge an annuity equal to 40 percent of the salary 
received when the judge left office or, in the case of a judge who has 
served at least 10 years, continuously or otherwise, an annuity equal 
to that proportion of such salary that the aggregate number of years of 
judicial service of such judge bears to 15.''; and
            (3) by amending subsection (g) to read as follows:
    ``(g) Any retired judge who is entitled to receive an annuity under 
this section shall be paid a cost-of-living adjustment as provided 
under section 8340(b) of title 5, except that in no case may the 
annuity payable to such retired judge, as increased under this 
subsection, exceed the salary of a judge in regular active service with 
the court on which the retired judge served before retiring.''.
    (b) Effective Date.--
            (1) Compensation of recalled judges.--The amendment made by 
        subsection (a)(1) shall apply with respect to judicial duties 
        pursuant to recall that are performed on or after the date of 
        the enactment of this Act.
            (2) Judges who are not reappointed.--The amendment made by 
        subsection (a)(2) shall apply to a judge who relinquishes 
        office under section 373(e)(1) of title 28, United States Code, 
        as amended by such subsection, or who retires or is removed 
        from office under section 373(e)(2) of such title, as so 
        amended, on or after the date of the enactment of this Act.
            (3) Cost-of-living increases.--The amendment made by 
        subsection (a)(3) shall apply to judges who retire before, on, 
        or after the date of the enactment of this Act.

SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EXECUTIVES.

    (a) In General.--Section 6304(f)(1) of title 5, United States Code, 
is amended--
            (1) in subparagraph (F), by striking ``or'' at the end;
            (2) in subparagraph (G), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) a position in the judicial branch that is 
                designated as a senior executive position--
                            ``(i) in the United States courts, by the 
                        Judicial Conference of the United States;
                            ``(ii) in the Federal Judicial Center, by 
                        the Board of the Federal Judicial Center; or
                            ``(iii) in the United States Sentencing 
                        Commission, by the Commission.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

    (a) In General.--Section 625 of title 28, United States Code, is 
amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) The Director shall appoint and fix the compensation of such 
additional professional personnel as the Board considers necessary, 
without regard to the provisions of title 5 governing appointments in 
competitive service, or the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification and General 
Schedule pay rates, subject to the following:
            ``(1) The compensation of any person appointed under this 
        subsection may not exceed the annual rate of basic pay for 
        level V of the Executive Schedule under section 5316 of title 
        5, except that the Director may fix the compensation of 4 
        positions of the Center at a level not to exceed the annual 
        rate of pay in effect for level IV of the Executive Schedule 
        under section 5315 of title 5.
            ``(2) The salary of a reemployed annuitant under subchapter 
        III of chapter 83 of title 5 shall be adjusted under section 
        8344 of such title, and the salary of a reemployed annuitant 
        under chapter 84 of title 5 shall be adjusted under section 
        8468 of such title.''.
            (2) in subsection (c), by striking ``, United States 
        Code,''; and
            (3) in subsection (d)--
                    (A) by striking ``, United States Code,''; and
                    (B) by striking ``General Schedule pay rates, 
                section 5332, title 5, United States Code'' and insert 
                ``the General Schedule under section 5332 of title 5''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT OF REASONS FORMS.

    (a) In General.--Section 3553(c)(2) of title 18, United States 
Code, is amended by striking ``the written order of judgment and 
commitment'' and inserting ``a statement of reasons form issued under 
section 994(w)(1)(B) of title 28''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES.

    (a) In General.--Section 3154 of title 18, United States Code, is 
amended--
            (1) by redesignating paragraph (14) as paragraph (15); and
            (2) by inserting after paragraph (13) the following:
            ``(14) Perform, in a manner appropriate for juveniles, any 
        of the functions identified in this section with respect to 
        juveniles awaiting adjudication, trial, or disposition under 
        chapter 403 of this title who are not detained.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMINAL WIRETAP ORDERS.

    (a) In General.--Section 2519 of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``Within thirty days'' 
        and all that follows through ``issuing or denying judge'' and 
        inserting ``In January of each year, any judge who has issued 
        an order (or an extension thereof) under section 2518 that 
        expired during the preceding calendar year, or who has denied 
        approval of an interception during that year,'';
            (2) in paragraph (2), by striking ``In January of each 
        year'' and inserting ``In March of each year''; and
            (3) in paragraph (3), by striking ``In April of each year'' 
        and inserting ``In June of each year''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF OTHER THAN COUNSEL 
              CASE COMPENSATION.

    (a) In General.--Section 3006A of title 18, United States Code, is 
amended--
            (1) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), in the second 
                        sentence, by striking ``$500'' and inserting 
                        ``$800''; and
                            (ii) in subparagraph (B), by striking 
                        ``$500'' and inserting ``$800''; and
                    (B) in paragraph (3), in the first sentence, by 
                striking ``$1,600'' and inserting ``$2,400''; and
            (2) by adding at the end the following:
            ``(5) Adjustment of dollar amounts.--
                    ``(A) In general.--The dollar amounts provided in 
                paragraphs (2) and (3) shall be adjusted by an amount, 
                rounded to the nearest multiple of $100, equal to the 
                percentage of the cumulative adjustments taking effect 
                under section 5303 of title 5 in the rates of pay under 
                the General Schedule since the date on which the dollar 
                amounts provided in paragraphs (2) and (3), 
                respectively, were last modified by statute.
                    ``(B) Effective date.--Each adjustment under 
                subparagraph (A) shall take effect on the same day on 
                which the corresponding adjustment under section 5303 
                of title 5 takes effect.''.
    (b) Effective Date.--
            (1) Increase in dollar amounts.--The amendments made by 
        subsection (a)(1) shall take effect on the date of the 
        enactment of this Act.
            (2) Annual adjustments.--The amendment made by subsection 
        (a)(2) shall apply with respect to adjustments taking effect 
        under section 5303 of title 5, United States Code, after the 
        date of the enactment of this Act.

            Passed the House of Representatives October 28, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.