II 111th CONGRESS 1st Session S. 1782 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.

1.

Short title

This Act may be cited as the Federal Judiciary Administrative Improvements Act of 2009.

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).

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:

114.

North Dakota

North Dakota constitutes one judicial district. Court shall be held at Bismarck, Fargo, Grand Forks, and Minot.

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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. .

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. .

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.

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.

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. .

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.

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. .