[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 787 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 787
To provide for the fair treatment of the Federal judiciary relating to
compensation and benefits, and to instill greater public confidence in
the Federal courts.
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IN THE SENATE OF THE UNITED STATES
April 3, 2003
Mr. Leahy (for himself and Mr. Kerry) introduced the following bill;
which was read twice and referred to the Committee on the
JudiciaryYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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A BILL
To provide for the fair treatment of the Federal judiciary relating to
compensation and benefits, and to instill greater public confidence in
the Federal courts.
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 ``Fair and Independent Federal
Judiciary Act of 2003''.
SEC. 2. SALARY ADJUSTMENTS.
(a) Restoration of Statutory Cost-of-Living Adjustments.--The
annual salaries for justices and judges are the following:
(1) Chief Justice of the Supreme Court, $211,300.
(2) Associate Justices of the Supreme Court, $202,100.
(3) Judges, Court of Appeals, $174,600.
(4) Judges, Court of Military Appeals, $174,600.
(5) Judges, District Court, $164,700.
(6) Judges, Court of Federal Claims, $164,700.
(7) Judges, Court of International Trade, $164,700.
(8) Judges, Tax Court, $164,700.
(9) Judges, Bankruptcy, $151,524.
(b) Effective Date.--This section shall take effect on the first
day of the first applicable pay period beginning on or after the date
of enactment of this Act.
SEC. 3. REPEAL OF ANNUAL CONGRESSIONAL AUTHORIZATION FOR COST OF LIVING
ADJUSTMENT.
Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is repealed.
SEC. 4. SURVIVOR BENEFITS UNDER JUDICIAL SYSTEM AND OTHER SYSTEMS.
(a) Creditable Years of Service.--Section 376 of title 28, United
States Code, is amended--
(1) in subsection (k)(3), by striking the colon through
``this section''; and
(2) in subsection (r), by striking the colon through
``other annuity''.
(b) Notification Period for Survivor Annuity Coverage.--
(1) In general.--Section 376 (a)(1) of title 28, United
States Code, is amended in the matter following subparagraph
(G) by striking ``six months'' and inserting ``1 year''.
(2) Effective date.--This subsection shall take effect on
the date of enactment of this Act and apply only to written
notifications received by the Director of the Administrative
Office of the United States Courts after the dates described
under clause (i) or (ii) in the matter following subparagraph
(G) of section 376 (a)(1) of title 28, United States Code.
SEC. 5. CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION.
(a) Appointments.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the President shall appoint members to
the Citizens' Commission on Public Service and Compensation
under section 225 of the Federal Salary Act of 1967 (2 U.S.C.
351 et seq.).
(2) Membership.--Section 225(b) of the Federal Salary Act
of 1967 (2 U.S.C. 352) is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) The Commission shall be composed of 11 members, who
shall be appointed from private life by the President. No more
than 6 members of the Commission may be affiliated with the
same political party.'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively.
(3) Quadrennial application.--Section 225(b)(8)(B) of the
Federal Salary Act of 1967 (2 U.S.C. 352(8)(B)), is amended in
the first sentence by striking ``1993'' each place that term
appears and inserting ``2006'' in each such place.
(b) Report.--The Citizens' Commission on Public Service and
Compensation shall prepare a report in accordance with section 225 of
the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.) with respect to
fiscal year 2003 and every fourth fiscal year thereafter.
SEC. 6. JUDICIAL EDUCATION FUND.
(a) Establishment.--Chapter 42 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
``(a) In this section, the term--
``(1) `institution of higher education' has the meaning
given under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a));
``(2) `private judicial seminar'--
``(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
``(B) does not include--
``(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
``(ii) seminars that last 1 day or less and
are conducted by national bar associations or
State or local bar associations for the benefit
of the bar association membership; or
``(iii) seminars of any length conducted
by, and on the campus of an institute of higher
education or by national bar associations or
State or local bar associations, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants;
``(3) `national bar association' means a national
organization that is open to general membership to all members
of the bar; and
``(4) `State or local bar association' means a State or
local organization that is open to general membership to all
members of the bar in the specified geographic region.
``(b) There is established within the United States Treasury a fund
to be known as the `Judicial Education Fund' (in this section referred
to as the `Fund').
``(c) Amounts in the Fund may be made available for the payment of
necessary expenses, including reasonable expenditures for
transportation, food, lodging, private judicial seminar fees and
materials, incurred by a judge or justice in attending a private
judicial seminar approved by the Board of the Federal Judicial Center.
Necessary expenses shall not include expenditures for recreational
activities or entertainment other than that provided to all attendees
as an integral part of the private judicial seminar. Any payment from
the Fund shall be approved by the Board.
``(d) The Board may approve a private judicial seminar after
submission of information by the sponsor of that private judicial
seminar that includes--
``(1) the content of the private judicial seminar
(including a list of presenters, topics, and course materials);
and
``(2) the litigation activities of the sponsor and the
presenters at the private judicial seminar (including the
litigation activities of the employer of each presenter) on the
topic related to those addressed at the private judicial
seminar.
``(e) If the Board approves a private judicial seminar, the Board
shall make the information submitted under subsection (d) relating to
the private judicial seminar available to judges and the public by
posting the information on the Internet.
``(f) The Judicial Conference shall promulgate guidelines to ensure
that the Board only approves private judicial seminars that are
conducted in a manner so as to maintain the public's confidence in an
unbiased and fair-minded judiciary.
``(g) There are authorized to be appropriated for deposit in the
Fund $2,000,000 for each of fiscal years 2003, 2004, and 2005, to
remain available until expended.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 42 of title 28, United States Code, is amended by adding at the
end the following:
``630. Judicial Education Fund.''.
SEC. 7. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED.
(a) Definitions.--In this section, the term--
(1) ``institution of higher education'' has the meaning
given under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a));
(2) ``private judicial seminar''--
(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
(B) does not include--
(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
(ii) seminars that last 1 day or less and
are conducted by national bar associations or
State or local bar associations for the benefit
of the bar association membership; or
(iii) seminars of any length conducted by,
and on the campus of an institute of higher
education or by national bar associations or
State or local bar associations, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants.
(3) ``national bar association'' means a national
organization that is open to general membership to all members
of the bar; and
(4) ``State or local bar association'' means a State or
local organization that is open to general membership to all
members of the bar in the specified geographic region.
(b) In General.--Not later than 240 days after the date of
enactment of this Act, the Judicial Conference of the United States
shall promulgate regulations to apply section 7353(a) of title 5,
United States Code, to prohibit the solicitation or acceptance of
anything of value in connection with a private judicial seminar.
(c) Exception.--The prohibition under the regulations promulgated
under subsection (b) shall not apply if--
(1) the judge participates in a private judicial seminar as
a speaker, panel participant, or otherwise presents
information;
(2) Federal judges are not the primary audience at the
private judicial seminar; and
(3) the thing of value accepted is--
(A) reimbursement from the private judicial seminar
sponsor of reasonable transportation, food, or lodging
expenses on any day on which the judge speaks,
participates, or presents information, as applicable;
(B) attendance at the private judicial seminar on
any day on which the judge speaks, participates, or
presents information, as applicable; or
(C) anything excluded from the definition of a gift
under regulations of the Judicial Conference of the
United States under sections 7351 and 7353 of title 5,
United States Code, as in effect on the date of
enactment of this Act.
SEC. 8. RECUSAL LISTS.
Section 455 of title 28, United States Code, is amended by adding
at the end the following:
``(g)(1) Each justice, judge, and magistrate of the United States
shall maintain a list of all financial interests that would require
disqualification under subsection (b)(4).
``(2) Each list maintained under paragraph (1) shall be made
available to the public at the office of the clerk for the court at
which a justice, judge, or magistrate is assigned.''.
SEC. 9. AVOIDING IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL
ACTIVITIES.
In accordance with the Code of Conduct for United States Judges, a
judge must avoid all impropriety and appearance of impropriety. The
prohibition against behaving with impropriety applies to both the
professional and personal conduct of a judge. Therefore, a judge should
not hold membership in any organization, except for religious or
fraternal organizations, that practices discrimination on the basis of
race, gender, religion, or national origin.
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