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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Judiciary Ad3 ministrative Improvements Act of 2009’’. 

4 SEC. 2. SENIOR JUDGE GOVERNANCE CORRECTION. 

5 (a) IN GENERAL.—Section 631(a) of title 28, United 

6 States Code, is amended in the first sentence by striking 

7 ‘‘(including any judge in regular active service’’ and all 

8 that follows through ‘‘was appointed)’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the date of the enact11 ment of this Act. 

12 SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE 

13 DISTRICT OF NORTH DAKOTA. 

14 (a) IN GENERAL.—Section 114 of title 28, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 114. North Dakota 

17 ‘‘North Dakota constitutes one judicial district. 

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

19 Grand Forks, and Minot.’’. 

20 (b) CURRENT CASES AND JURIES NOT AFFECTED.— 

21 (1) PENDING CASES NOT AFFECTED.—The 

22 amendment made by subsection (a) shall not affect 

23 any action commenced before the effective date 

24 under subsection (c) and pending in the United 

25 States District Court for the District of North Da26 kota on such date. 


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1 (2) JURIES NOT AFFECTED.—The amendment 

2 made by subsection (a) shall not affect the composi3 tion, or preclude the service, of any grand or petit 

4 jury summoned, empaneled, or actually serving in 

5 the Judicial District of North Dakota on the effec6 tive date under subsection (c). 

7 (c) EFFECTIVE DATE.—This section and the amend8 ment made by this section shall take effect 90 days after 

9 the date of the enactment of this Act. 

10 SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING AD11 JUSTMENTS OF ANNUITIES FOR TERRI12 TORIAL JUDGES. 

13 (a) IN GENERAL.—Section 373 of title 28, United 

14 States Code, is amended— 

15 (1) in subsection (c), by amending paragraph 

16 (4) to read as follows: 

17 ‘‘(4) Any senior judge performing judicial duties pur18 suant to recall under paragraph (2) of this subsection 

19 shall be paid, while performing such duties, the same com20 pensation (in lieu of the annuity payable under this sec21 tion) and the same allowances for travel and other ex22 penses as a judge on active duty with the court being 

23 served.’’; 

24 (2) by amending subsection (e) to read as fol25 lows: 


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

2 District Court of the Northern Mariana Islands, or the 

3 District Court of the Virgin Islands who is not reappointed 

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

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

6 judge is then beyond the age of 65 years— 

7 ‘‘(A) if the judicial service of such judge, con8 tinuous or otherwise, aggregates 15 years or more, 

9 to receive during the remainder of the life of such 

10 judge an annuity equal to the salary received when 

11 the judge left office; or 

12 ‘‘(B) if such judicial service, continuous or oth13 erwise, aggregates less than 15 years, to receive dur14 ing the remainder of the life of such judge an annu15 ity equal to that proportion of such salary that the 

16 aggregate number of years of service of such judge 

17 bears to 15. 

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

19 District Court of the Northern Mariana Islands, or the 

20 District Court of the Virgin Islands who has served at 

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

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

23 disability, shall be entitled to receive during the remainder 

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

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


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1 case of a judge who has served at least 10 years, continu2 ously or otherwise, an annuity equal to that proportion 

3 of such salary that the aggregate number of years of judi4 cial service of such judge bears to 15.’’; and 

5 (3) by amending subsection (g) to read as fol6 lows: 

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

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

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

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

11 retired judge, as increased under this subsection, exceed 

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

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

14 (b) EFFECTIVE DATE.— 

15 (1) COMPENSATION OF RECALLED JUDGES.— 

16 The amendment made by subsection (a)(1) shall 

17 apply with respect to judicial duties pursuant to re18 call that are performed on or after the date of the 

19 enactment of this Act. 

20 (2) JUDGES WHO ARE NOT REAPPOINTED.— 

21 The amendment made by subsection (a)(2) shall 

22 apply to a judge who relinquishes office under sec23 tion 373(e)(1) of title 28, United States Code, as 

24 amended by such subsection, or who retires or is re25 moved from office under section 373(e)(2) of such 


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1 title, as so amended, on or after the date of the en2 actment of this Act. 

3 (3) COST-OF-LIVING INCREASES.—The amend4 ment made by subsection (a)(3) shall apply to 

5 judges who retire before, on, or after the date of the 

6 enactment of this Act. 

7 SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EX8 ECUTIVES. 

9 (a) IN GENERAL.—Section 6304(f)(1) of title 5, 

10 United States Code, is amended— 

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

12 the end; 

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

14 and inserting ‘‘; or’’; and 

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

16 ‘‘(H) a position in the judicial branch that 

17 is designated as a senior executive position— 

18 ‘‘(i) in the United States courts, by 

19 the Judicial Conference of the United 

20 States; 

21 ‘‘(ii) in the Federal Judicial Center, 

22 by the Board of the Federal Judicial Cen23 ter; or 

24 ‘‘(iii) in the United States Sentencing 

25 Commission, by the Commission.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act. 

4 SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS. 

5 (a) IN GENERAL.—Section 625 of title 28, United 

6 States Code, is amended— 

7 (1) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) The Director shall appoint and fix the com10 pensation of such additional professional personnel as the 

11 Board considers necessary, without regard to the provi12 sions of title 5 governing appointments in competitive 

13 service, or the provisions of chapter 51 and subchapter 

14 III of chapter 53 of such title relating to classification and 

15 General Schedule pay rates, subject to the following: 

16 ‘‘(1) The compensation of any person appointed 

17 under this subsection may not exceed the annual 

18 rate of basic pay for level V of the Executive Sched19 ule under section 5316 of title 5, except that the Di20 rector may fix the compensation of 4 positions of the 

21 Center at a level not to exceed the annual rate of 

22 pay in effect for level IV of the Executive Schedule 

23 under section 5315 of title 5. 

24 ‘‘(2) The salary of a reemployed annuitant 

25 under subchapter III of chapter 83 of title 5 shall 


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1 be adjusted under section 8344 of such title, and the 

2 salary of a reemployed annuitant under chapter 84 

3 of title 5 shall be adjusted under section 8468 of 

4 such title.’’. 

5 (2) in subsection (c), by striking ‘‘, United 

6 States Code,’’; and 

7 (3) in subsection (d)— 

8 (A) by striking ‘‘, United States Code,’’; 

9 and 

10 (B) by striking ‘‘General Schedule pay 

11 rates, section 5332, title 5, United States 

12 Code’’ and insert ‘‘the General Schedule under 

13 section 5332 of title 5’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall take effect on the date of the enact16 ment of this Act. 

17 SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT 

18 OF REASONS FORMS. 

19 (a) IN GENERAL.—Section 3553(c)(2) of title 18, 

20 United States Code, is amended by striking ‘‘the written 

21 order of judgment and commitment’’ and inserting ‘‘a 

22 statement of reasons form issued under section 

23 994(w)(1)(B) of title 28’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act. 

4 SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES. 

5 (a) IN GENERAL.—Section 3154 of title 18, United 

6 States Code, is amended— 

7 (1) by redesignating paragraph (14) as para8 graph (15); and 

9 (2) by inserting after paragraph (13) the fol10 lowing: 

11 ‘‘(14) Perform, in a manner appropriate for ju12 veniles, any of the functions identified in this section 

13 with respect to juveniles awaiting adjudication, trial, 

14 or disposition under chapter 403 of this title who 

15 are not detained.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on the date of the enact18 ment of this Act. 

19 SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMI20 NAL WIRETAP ORDERS. 

21 (a) IN GENERAL.—Section 2519 of title 18, United 

22 States Code, is amended— 

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

24 days’’ and all that follows through ‘‘issuing or deny25 ing judge’’ and inserting ‘‘In January of each year, 


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1 any judge who has issued an order (or an extension 

2 thereof) under section 2518 that expired during the 

3 preceding calendar year, or who has denied approval 

4 of an interception during that year,’’; 

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

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

7 year’’; and 

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

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

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this Act. 

13 SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF 

14 OTHER THAN COUNSEL CASE COMPENSA15 TION. 

16 (a) IN GENERAL.—Section 3006A of title 18, United 

17 States Code, is amended— 

18 (1) in subsection (e)— 

19 (A) in paragraph (2)— 

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

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

22 ‘‘$800’’; and 

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

24 ‘‘$500’’ and inserting ‘‘$800’’; and 


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

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

3 and 

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

5 ‘‘(5) ADJUSTMENT OF DOLLAR AMOUNTS.— 

6 ‘‘(A) IN GENERAL.—The dollar amounts 

7 provided in paragraphs (2) and (3) shall be ad8 justed by an amount, rounded to the nearest 

9 multiple of $100, equal to the percentage of the 

10 cumulative adjustments taking effect under sec11 tion 5303 of title 5 in the rates of pay under 

12 the General Schedule since the date on which 

13 the dollar amounts provided in paragraphs (2) 

14 and (3), respectively, were last modified by stat15 ute. 

16 ‘‘(B) EFFECTIVE DATE.—Each adjustment 

17 under subparagraph (A) shall take effect on the 

18 same day on which the corresponding adjust19 ment under section 5303 of title 5 takes ef20 fect.’’. 

21 (b) EFFECTIVE DATE.— 

22 (1) INCREASE IN DOLLAR AMOUNTS.—The 

23 amendments made by subsection (a)(1) shall take ef24 fect on the date of the enactment of this Act. 


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1 (2) ANNUAL ADJUSTMENTS.—The amendment 

2 made by subsection (a)(2) shall apply with respect to 

3 adjustments taking effect under section 5303 of title 

4 5, United States Code, after the date of the enact5 ment of this Act. 

Passed the House of Representatives October 28, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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