II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Judiciary Ad5 ministrative Improvements Act of 2009’’. 

6 SEC. 2. SENIOR JUDGE GOVERNANCE CORRECTION. 

7 Section 631(a) of title 28, United States Code, is 

8 amended in the first sentence by striking ‘‘(including any 

9 judge in regular active service and any judge who has re10 tired from regular active service under section 371(b) of 


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1 this title, when designated and assigned to the court to 

2 which such judge was appointed)’’. 

3 SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE 

4 DISTRICT OF NORTH DAKOTA. 

5 Chapter 5 of title 28, United States Code, is amended 

6 by striking section 114 and inserting the following: 

7 ‘‘§ 114. North Dakota 

8 ‘‘North Dakota constitutes one judicial district. 

9 ‘‘Court shall be held at Bismarck, Fargo, 

10 Grand Forks, and Minot.’’. 

11 SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING AD12 JUSTMENTS OF ANNUITIES FOR TERRI13 TORIAL JUDGES. 

14 Section 373 of title 28, United States Code, is 

15 amended— 

16 (1) in subsection (c), by striking paragraph (4) 

17 and inserting the following: 

18 ‘‘(4) Any senior judge performing judicial du19 ties pursuant to recall under paragraph (2) of this 

20 subsection shall be paid, while performing such du21 ties, the same compensation (in lieu of the annuity 

22 payable under this section) and the same allowances 

23 for travel and other expenses as a judge on active 

24 duty with the court being served.’’; 


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1 (2) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e)(1) Any judge of the District Court of Guam, the 

4 District Court of the Northern Mariana Islands, or the 

5 District Court of the Virgin Islands who is not reappointed 

6 (as judge of such court) shall be entitled, upon attaining 

7 the age of 65 years or upon relinquishing office if the 

8 judge is then beyond the age of 65 years— 

9 ‘‘(A) if the judicial service of such judge, con10 tinuous or otherwise, aggregates 15 years or more, 

11 to receive during the remainder of the life of such 

12 judge an annuity equal to the salary received when 

13 the judge left office; or 

14 ‘‘(B) if such judicial service, continuous or oth15 erwise, aggregated less than 15 years, to receive 

16 during the remainder of the life of such judge an an17 nuity equal to that proportion of such salary which 

18 the aggregate number of years of service of such 

19 judge bears to 15. 

20 ‘‘(2) Any judge of the District Court of Guam, the 

21 District Court of the Northern Mariana Islands, or the 

22 District Court of the Virgin Islands who has served at 

23 least 5 years, continuously or otherwise, and who retires 

24 or is removed upon the sole ground of mental or physical 

25 disability, shall be entitled to receive during the remainder 


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1 of the life of such judge an annuity equal to 40 percent 

2 of the salary received when the judge left office or, in the 

3 case of a judge who has served at least 10 years, continu4 ously or otherwise, an annuity equal to that proportion 

5 of such salary which the aggregate number of years of ju6 dicial service of such judge bears to 15.’’; and 

7 (3) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) Any retired judge who is entitled to receive an 

10 annuity under this section shall be paid a cost-of-living 

11 adjustment as provided under section 8340(b) of title 5, 

12 except that in no case may the annuity payable to such 

13 retired judge, as increased under this subsection, exceed 

14 the salary of a judge in regular active service with the 

15 court on which the retired judge served before retiring.’’. 

16 SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EX17 ECUTIVES. 

18 Section 6304(f)(1) of title 5, United States Code, is 

19 amended— 

20 (1) in subparagraph (F), by striking ‘‘or’’ at 

21 the end; 

22 (2) in subparagraph (G), by striking the period 

23 and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(H) a position in the judicial branch des2 ignated as a senior executive position— 

3 ‘‘(i) in the United States Courts by 

4 the Judicial Conference of the United 

5 States; 

6 ‘‘(ii) in the Federal Judicial Center by 

7 the Board of the Federal Judicial Center; 

8 or 

9 ‘‘(iii) in the United States Sentencing 

10 Commission by the Commission.’’. 

11 SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS. 

12 Section 625 of title 28, United States Code, is 

13 amended— 

14 (1) in subsection (b)— 

15 (A) by striking ‘‘, United States Code, gov16 erning’’ and inserting ‘‘governing’’; 

17 (B) by striking ‘‘pay rates, section 5316, 

18 title 5, United States Code’’ and inserting 

19 ‘‘under section 5316 of title 5, except that the 

20 Director may fix the compensation of 4 posi21 tions of the Center at a level not to exceed the 

22 annual rate of pay in effect for level IV of the 

23 Executive Schedule under section 5315 of title 

24 5’’; and 


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1 (C) by striking ‘‘the Civil Servive’’ and all 

2 that follows and inserting ‘‘subchapter III of 

3 chapter 83 of title 5 shall be adjusted under 

4 section 8344 of such title, and the salary of a 

5 reemployed annuitant under chapter 84 of title 

6 5 shall be adjusted under section 8468 of such 

7 title’’; 

8 (2) in subsections (c) and (d), by striking ‘‘, 

9 United States Code,’’ each place that term appears; 

10 and 

11 (3) in subsection (d), by striking ‘‘, United 

12 States Code.’’ and inserting a period. 

13 SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT 

14 OF REASONS FORMS. 

15 Section 3553(c)(2) of title 18, United States Code, 

16 is amended by striking ‘‘the written order of judgment and 

17 commitment’’ and inserting ‘‘a statement of reasons form 

18 issued under section 994(w)(1)(B) of title 28’’. 

19 SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES. 

20 Section 3154 of title 18, United States Code, is 

21 amended— 

22 (1) by redesignating paragraph (14) as para23 graph (15); and 

24 (2) by inserting after paragraph (13) the fol25 lowing: 


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1 ‘‘(14) Perform, in a manner appropriate for ju2 veniles, any of the functions identified in this section 

3 with respect to juveniles awaiting adjudication, trial, 

4 or disposition under chapter 403 of this title who 

5 are not detained.’’. 

6 SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMI7 NAL WIRETAP ORDERS. 

8 Section 2519 of title 18, United States Code, is 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘Within thirty 

11 days after the expiration of an order (or each exten12 sion thereof) entered under section 2518, or the de13 nial of an order approving an interception, the 

14 issuing or denying judge’’ and inserting ‘‘In January 

15 of each year, any judge who has issued an order (or 

16 an extension thereof) under section 2518 that ex17 pired during the preceding year, or who has denied 

18 approval of an interception during that year,’’; 

19 (2) in paragraph (2), by striking ‘‘In January 

20 of each year’’ and inserting ‘‘In March of each 

21 year’’; and 

22 (3) in paragraph (3), by striking ‘‘In April of 

23 each year’’ and inserting ‘‘In June of each year’’. 


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1 SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF 

2 OTHER THAN COUNSEL CASE COMPENSA3 TION. 

4 Section 3006A of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (e)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (A), in the second 

9 sentence, by striking ‘‘$500’’ and inserting 

10 ‘‘$800’’; and 

11 (ii) in subparagraph (B), by striking 

12 ‘‘$500’’ and inserting ‘‘$800’’; and 

13 (B) in paragraph (3), in the first sentence, 

14 by striking ‘‘$1,600’’ and inserting ‘‘$2,400’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(5) The dollar amounts provided in para18 graphs (2) and (3) shall be adjusted simultaneously 

19 by an amount, rounded to the nearest multiple of 

20 $100, equal to the percentage of the cumulative ad21 justments taking effect under section 5303 of title 5 

22 in the rates of pay under the General Schedule since 

23 the date the dollar amounts provided in paragraphs 

24 (2) and (3), respectively, were last enacted or ad25 justed by statute.’’. 

Æ 


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