[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1782 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1782
To provide improvements for the operations of the Federal courts, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 14, 2009
Mr. Whitehouse (for himself, Mr. Leahy, and Mr. Sessions) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
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.
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 any judge who has retired from regular active service under
section 371(b) of this title, when designated and assigned to the court
to which such judge was appointed)''.
SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE DISTRICT OF NORTH
DAKOTA.
Chapter 5 of title 28, United States Code, is amended by striking
section 114 and inserting the following:
``Sec. 114. North Dakota
``North Dakota constitutes one judicial district.
``Court shall be held at Bismarck, Fargo, Grand Forks, and
Minot.''.
SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF
ANNUITIES FOR TERRITORIAL JUDGES.
Section 373 of title 28, United States Code, is amended--
(1) in subsection (c), by striking paragraph (4) and
inserting the following:
``(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,
aggregated less than 15 years, to receive during the remainder
of the life of such judge an annuity equal to that proportion
of such salary which 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 which 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.''.
SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EXECUTIVES.
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 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.''.
SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.
Section 625 of title 28, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``, United States Code, governing''
and inserting ``governing'';
(B) by striking ``pay rates, section 5316, title 5,
United States Code'' and inserting ``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''; and
(C) by striking ``the Civil Servive'' and all that
follows and inserting ``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 subsections (c) and (d), by striking ``, United
States Code,'' each place that term appears; and
(3) in subsection (d), by striking ``, United States
Code.'' and inserting a period.
SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT OF REASONS FORMS.
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''.
SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES.
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.''.
SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMINAL WIRETAP ORDERS.
Section 2519 of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``Within thirty days
after the expiration of an order (or each extension thereof)
entered under section 2518, or the denial of an order approving
an interception, the 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 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''.
SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF OTHER THAN COUNSEL
CASE COMPENSATION.
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) The dollar amounts provided in paragraphs (2) and (3)
shall be adjusted simultaneously 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 the dollar amounts provided in paragraphs (2) and (3),
respectively, were last enacted or adjusted by statute.''.
<all>