S. 1638Senate110th Congress (2007-2009)In Committee

Federal Judicial Salary Restoration Act of 2008

Introduced June 15, 2007

Legislative Activity

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7 earlier actions
SenateFloor Latest Action

Star Print ordered on the written report (110-277).

April 7, 2008

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SenateIntro Referral

Introduced in Senate

June 15, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S7793)

June 15, 2007

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

June 15, 2007

SenateCommittee

Committee on the Judiciary. Ordered to be reported with amendments favorably.

January 31, 2008

SenateCommittee

Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

March 10, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 614.

March 10, 2008

SenateCommittee

By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-277.

April 1, 2008

SenateFloor

Star Print ordered on the written report (110-277).

April 7, 2008

Floor Debate

6 members

What members said about S. 1638 on the floor

6 Democrats
Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jul 22, 2008

Mr. President, today the Senate is poised to confirm two more nominations for lifetime appointments to the Federal bench: Cathy Seibel for the Southern District of New York and Glenn T. Suddaby for…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 15, 2007

Mr. President, today I am pleased to introduce the Federal Judicial Salary Restoration Act of 2007. Since 1969, the salaries of Federal judges have significantly declined when adjusted for inflation.…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 15, 2007

Mr. President, today I am pleased to introduce the Federal Judicial Salary Restoration Act of 2007. Since 1969, the salaries of Federal judges have significantly declined when adjusted for inflation.…

Bill Nelson
Sen. Bill NelsonD-FL · Nov 15, 2007

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on November 15, 2007, at 9:30 a.m., in open session, to receive…

Tom Harkin
Sen. Tom HarkinD-IA · Dec 13, 2007

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the Session of the Senate on December 13, 2007. At 10:30 a.m., in order…

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Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 22, 2008

Mr. President, I rise in support of two nominees to be district judges in the Southern and Northern Districts of New York. I was pleased last week that the Senate voted unanimously to confirm two…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 6, 2007

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, December 6, 2007, at 2:30 p.m. in order to conduct a…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jul 22, 2008

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following nominations: Calendar Nos. 689 and 690, and that the Senate proceed to vote on…

Bill Text

2 versions available

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Latest
Reported to SenateIssued March 10, 2008

II

Calendar No. 614

110th CONGRESS

2d Session

S. 1638

IN THE SENATE OF THE UNITED STATES

June 15, 2007

Mr. Leahy (for himself, Mr. Hatch, Mr. Reid, Mr. McConnell, Mrs. Feinstein, Mr. Graham, Mr. Kennedy, Mr. Bingaman, Ms. Cantwell, Mr. Kerry, Mr. Bennett, Mr. Lieberman, Mr. Domenici, Mr. Lautenberg, Mr. Warner, Ms. Snowe, Mr. Inouye, Mr. Smith, Ms. Landrieu, Mr. Pryor, and Mr. Corker) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

March 10, 2008

Reported by Mr. Leahy, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To adjust the salaries of Federal justices and judges, and for other purposes.

1.

Short title

This Act may be cited as the Federal Judicial Salary Restoration Act of 2007.

2.

Restoration of Compensation

(a)

In general

Notwithstanding any other provision of law, the annual rate of salary of—

(1)

the judges of the district courts, as established under section 132 of title 28, United States Code, shall be adjusted to $247,800;

(2)

the judges of the Court of International Trade, as established under section 251 of title 28, United States Code, shall be adjusted to $247,800;

(3)

the judges of the courts of appeals, as established under section 44 of title 28, United States Code, shall be adjusted to $262,700;

(4)

the Associate Justices of the Supreme Court, as described under section 1 of title 28, United States Code, shall be adjusted to $304,500; and

(5)

the Chief Justice of the United States, as described under section 1 of title 28, United States Code, shall be adjusted to $318,200.

(b)

Effective date

This section shall take effect on the first applicable pay period beginning on or after the date of enactment of this Act.

3.

Coordination rule

If a pay adjustment under section 2 is to be made for an office or position as of the same date that any other pay adjustment would take effect for such office or position, the adjustment under this Act shall be made first.

4.

Authorization of appropriations

There are authorized to be appropriated such sums as necessary to carry out this Act.

1.

Short title

This Act may be cited as the Federal Judicial Salary Restoration Act of 2008.

2.

Restoration of compensation

(a)

In general

Effective the first applicable pay period beginning on or after the date of enactment of this Act, the salaries of the following categories of Federal judicial officers shall be as follows:

(1)

The judges of the United States district courts appointed under section 133(a) of title 28, United States Code, shall be adjusted to $218,000.

(2)

The judges of the United States Court of International Trade appointed under section 251(a) of title 28, United States Code, shall be adjusted to $218,000.

(3)

The judges of the United States courts of appeals appointed under section 44(a) of title 28, United States Code, shall be adjusted to $231,100.

(4)

The associate justices of the United States Supreme Court provided for in section 1 of title 28, United States Code, shall be adjusted to $267,900.

(5)

The Chief Justice of the United States provided for in section 1 of title 28, United States Code, shall be adjusted to $279,900.

(b)

Coordination rule

If a pay adjustment under subsection (a) is to be made for an office as of the same date that any other pay adjustment would take effect for such office, the adjustment under subsection (a) shall be made first.

3.

Repeal of prohibition on salary increases

Section 140 of Public Law 97–92, as amended by Public Law 107–77 (28 U.S.C. 461 note), is repealed.

4.

Retirement provisions

(a)

Retirement from the office

Section 371 of title 28, United States Code, is amended—

(1)

in subsection (a), by striking subsection (c) and inserting subsection (c)(1);

(2)

in subsection (b)(1), by striking subsection (c) and inserting subsection (c)(2); and

(3)

by amending subsection (c) to read as follows:

(c)

Age and service requirements

(1)

Retirement on salary

The age and service requirements for retirement under subsection (a) are as follows:

Attained Age:Years of Service:
6717
6816
6915
7014
7113
7212
(2)

Retirement in senior status

The age and service requirements for retirement under subsection (b) are as follows:

Attained Age:Years of Service:
6515
6614
6713
6812
6911
7010

.

(b)

Election of retirement for sitting judges

Any justice or judge of the United States who is in active service on the date of the enactment of this Act may elect to retire under section 371(a) of title 28, United States Code—

(1)

on the basis of the age and service requirements under section 371(c)(1) of title 28, United States Code, as amended by subsection (a) of this section, or

(2)

on the basis of the age and service requirements under section 371(c) of title 28, United States Code, as in effect on the day before the date of the enactment of this Act,

except that the annuity of a justice or judge who makes the election under paragraph (2) shall be equal to the salary such justice or judge was receiving on the day before the date of the enactment of this Act.
(c)

Workload of senior judges

Section 371(e)(1) of title 28, United States code, is amended—

(1)

in subparagraphs (A) and (B), by striking three months and inserting 4 months; and

(2)

in subparagraph (C), by striking 3 months and inserting 4 months.

5.

Annual salary adjustments

Section 461(a) of title 28, United States Code, is amended to read as follows:

(a)

Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule (except as provided in subsection (b)), each salary rate which is subject to adjustment under this section shall be adjusted by an amount, rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100) equal to the percentage of such salary rate which corresponds to the percentage of the adjustment taking effect under such section 5303 in the rates of pay under the General Schedule.

.

6.

Income Limitation on retirement annuity

(a)

Income limitation

Beginning in calendar year 2009, the amount of the annuity in a calendar year of a justice or judge of the United States who retires under section 371(a) of title 28, United States Code, shall be reduced by the amount of any earned income of such justice or judge in such calendar year that exceeds the amount of the salary the justice or judge was receiving at the time of retirement, as follows:

(1)

For every $2 in excess of such salary, the annuity shall be reduced by $1, except that the reduction in the annuity in a calendar year as a result of such excess earned income may not exceed 67 percent of the amount of such annuity.

(2)

The reductions made under paragraph (1) in a calendar year expire at the end of that calendar year.

(b)

Applicability

Subsection (a) shall not apply to any individual who has retired under section 371(a) of title 28, United States Code, before the date of the enactment of this Act.

7.

Limitation on acceptance of honorary memberships

(a)

Definitions

In this section:

(1)

Gift

The term gift has the meaning given under section 109(5) of the Ethics in Government Act of 1978 (5 U.S.C. App.), except subparagraphs (A) through (F) of that paragraph shall not apply.

(2)

Judicial officer

The term judicial officer has the meaning given under section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

(b)

Prohibition on acceptance of honorary memberships

A judicial officer may not accept a gift of an honorary membership with a value of more than $50 in any calendar year.

8.

Judicial travel reporting requirements

(a)

In general

(1)

Definition

In this subsection, the term judicial officer has the meaning given under section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

(2)

Reporting requirement

In addition to the contents of reports required under section 102(a)(2)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.), each judicial officer shall include—

(A)

a disclosure and itemization of the value of payments and reimbursements received for transportation, lodging, meals, and any other subsistence expenses;

(B)

a disclosure of any expenses paid or reimbursed for an accompanying spouse or dependent child; and

(C)

a description of all meetings and events attended during travel.

(b)

Public availability

Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

(e)

Notwithstanding subsection (b)(2), the Judicial Conference and the Director of the Administrative Office of the United States Courts shall make each report filed by a judicial officer under this Act (other than a report filed under section 107) available on the website of the Administrative Office of the United States Courts.

.

9.

Application of Ethics Regulations to the Supreme Court

(a)

In general

The Regulations of the Judicial Conference of the United States Under Title VI of the Ethics Reform Act of 1989 Concerning Outside Earned Income, Honoraria, and Outside Employment and the Regulations of the Judicial Conference of the United States Under Title III of the Ethics Reform Act of 1989 Concerning Gifts shall apply to the Chief Justice of the United States, Associate Justices of the Supreme Court of the United States, and officers and employees of the Supreme Court of the United States.

(b)

Review

Not later than 90 days after the date of enactment of this Act, the Judicial Conference shall conduct a thorough review of the regulations described under subsection (a).

10.

Judicial gifts

(a)

In general

A Federal judge or justice shall not—

(1)

accept, in connection with a single trip or event, travel, food, lodging, reimbursement, outside earned income, or anything that would be considered a gift under the Regulations of the Judicial Conference of the United States Under Title III of the Ethics Reform Act of 1989 Concerning Gifts, valued at greater than $2,000, from a source other than—

(A)

the Federal Government or a State or local government (other than a public educational institution); or

(B)

a Federal, State, or local bar association, a subject-matter bar association, a judicial association, the Judicial Division of the American Bar Association, or the National Judicial College; and

(2)

accept travel, food, lodging, reimbursement, outside earned income, or anything that would be considered a gift under the Regulations of the Judicial Conference of the United States Under Title III of the Ethics Reform Act of 1989 Concerning Gifts, in connection with attending, as a speaker or participant, a program, a significant purpose of which is the education of United States Federal or state judges, from a source other than—

(A)

the Federal Government or a State or local government (other than a public educational institution); or

(B)

a Federal, State, or local bar association, a subject-matter bar association, a judicial association, the Judicial Division of the American Bar Association, or the National Judicial College.

(b)

Exception

Subsection (a)(1) shall not apply to any trip approved by the Department of State to promote the rule of law or developing legal systems in foreign countries, if the reimbursement for that trip is provided only for travel, meals, and lodging expenses.

(c)

Value limits

(1)

Aggregate limit

The total value of all travel, gifts, and other things regulated in subsection (a)(1) that are accepted by a Federal judge or justice within a single year shall not exceed $20,000.

(2)

Adjustments

The amounts referenced in paragraph (1) and subsection (a)(1) shall be adjusted by the 12-month percentage increase (if any) in the Consumer Price Index for All Urban Consumers (or a successor index if any) based on the immediately preceding 12 months for which data is available.

11.

United States Court of Federal Claims accountability

Section 476 of title 28, United States Code, is amended by adding at the end the following:

(c)

In this section, the term judicial officer includes active and senior judges of the United States Court of Federal Claims.

.

12.

Bankruptcy trustees

(a)

Fees

Section 330(b)(2) of title 11, United States Code, is amended, in the undesignated matter following subparagraph (B), by striking $15 in each place it appears and inserting $75.

(b)

No additional fees or costs for individual debtors

No additional fee or cost charged to individual debtors or their attorneys shall be assessed to directly or indirectly provide funding for any of the $60 increase in trustee payments provided for by the amendments made under subsection (a).

(c)

Effective date and Application

(1)

Effective date

This section shall take effect 180 days after the date of enactment of this Act.

(2)

Application

The amendments made by this section shall not apply with respect to cases commenced under title 11, United States Code, before the effective date of this section.

13.

Severability

If any provision of this Act or an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of this Act and such amendments to any other person or circumstance, shall not be affected by such holding.

14.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this Act.

15.

Effective date

This Act and the amendments and the repeal made by this Act take effect on the date of the enactment of this Act.

March 10, 2008

Reported with an amendment