H.R. 3632

Federal Judiciary Administrative Improvements Act of 2009

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IIB

111th CONGRESS

1st Session

H. R. 3632

IN THE SENATE OF THE UNITED STATES

October 28, 2009

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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

(a)

In general

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 all that follows through was appointed).

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

3.

Revision of statutory description of the district of North Dakota

(a)

In general

Section 114 of title 28, United States Code, is amended to read as follows:

114.

North Dakota

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

.

(b)

Current cases and juries not affected

(1)

Pending cases not affected

The amendment made by subsection (a) shall not affect any action commenced before the effective date under subsection (c) and pending in the United States District Court for the District of North Dakota on such date.

(2)

Juries not affected

The amendment made by subsection (a) shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of North Dakota on the effective date under subsection (c).

(c)

Effective date

This section and the amendment made by this section shall take effect 90 days after the date of the enactment of this Act.

4.

Disability retirement and cost-of-living adjustments of annuities for territorial judges

(a)

In general

Section 373 of title 28, United States Code, is amended—

(1)

in subsection (c), by amending paragraph (4) to read as follows:

(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, aggregates less than 15 years, to receive during the remainder of the life of such judge an annuity equal to that proportion of such salary that 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 that 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.

.

(b)

Effective date

(1)

Compensation of recalled judges

The amendment made by subsection (a)(1) shall apply with respect to judicial duties pursuant to recall that are performed on or after the date of the enactment of this Act.

(2)

Judges who are not reappointed

The amendment made by subsection (a)(2) shall apply to a judge who relinquishes office under section 373(e)(1) of title 28, United States Code, as amended by such subsection, or who retires or is removed from office under section 373(e)(2) of such title, as so amended, on or after the date of the enactment of this Act.

(3)

Cost-of-living increases

The amendment made by subsection (a)(3) shall apply to judges who retire before, on, or after the date of the enactment of this Act.

5.

Annual leave limit for judicial branch executives

(a)

In general

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 that is 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.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

6.

Federal judicial center personnel matters

(a)

In general

Section 625 of title 28, United States Code, is amended—

(1)

by amending subsection (b) to read as follows:

(b)

The Director shall appoint and fix the compensation of such additional professional personnel as the Board considers necessary, without regard to the provisions of title 5 governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, subject to the following:

(1)

The compensation of any person appointed under this subsection may not exceed the annual rate of basic pay for level V of the Executive Schedule 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.

(2)

The salary of a reemployed annuitant under 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 subsection (c), by striking , United States Code,; and

(3)

in subsection (d)—

(A)

by striking , United States Code,; and

(B)

by striking General Schedule pay rates, section 5332, title 5, United States Code and insert the General Schedule under section 5332 of title 5.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

7.

Separation of the judgment and statement of reasons forms

(a)

In general

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.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

8.

Pretrial services functions for juveniles

(a)

In general

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.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

9.

Statistical reporting schedule for criminal wiretap orders

(a)

In general

Section 2519 of title 18, United States Code, is amended—

(1)

in paragraph (1), by striking Within thirty days and all that follows through 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 calendar 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.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

10.

Thresholds for administrative review of other than counsel case compensation

(a)

In general

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)

Adjustment of dollar amounts

(A)

In general

The dollar amounts provided in paragraphs (2) and (3) shall be adjusted 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 on which the dollar amounts provided in paragraphs (2) and (3), respectively, were last modified by statute.

(B)

Effective date

Each adjustment under subparagraph (A) shall take effect on the same day on which the corresponding adjustment under section 5303 of title 5 takes effect.

.

(b)

Effective date

(1)

Increase in dollar amounts

The amendments made by subsection (a)(1) shall take effect on the date of the enactment of this Act.

(2)

Annual adjustments

The amendment made by subsection (a)(2) shall apply with respect to adjustments taking effect under section 5303 of title 5, United States Code, after the date of the enactment of this Act.

Passed the House of Representatives October 28, 2009.

Lorraine C. Miller,

Clerk.