[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.''.
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