I 

111TH CONGRESS 

1ST SESSION H. R. 3632 

To provide improvements for the operations of the Federal courts, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2009 

Mr. JOHNSON of Georgia (for himself, Mr. COBLE, Mr. CONYERS, and Mr. 

SMITH of Texas) introduced the following bill; which was 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 (a) IN GENERAL.—Section 631(a) of title 28, United 

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

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

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


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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. 3. REVISION OF STATUTORY DESCRIPTION OF THE 

5 DISTRICT OF NORTH DAKOTA. 

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

7 States Code, is amended to read as follows: 

8 ‘‘§ 114. North Dakota 

9 ‘‘North Dakota constitutes one judicial district. 

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

11 Grand Forks, and Minot.’’. 

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

13 (1) PENDING CASES NOT AFFECTED.—The 

14 amendment made by subsection (a) shall not affect 

15 any action commenced before the effective date 

16 under subsection (c) and pending in the United 

17 States District Court for the District of North Da18 kota on such date. 

19 (2) JURIES NOT AFFECTED.—The amendment 

20 made by subsection (a) shall not affect the composi21 tion, or preclude the service, of any grand or petit 

22 jury summoned, empaneled, or actually serving in 

23 the Judicial District of North Dakota on the effec24 tive date under subsection (c). 


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1 (c) EFFECTIVE DATE.—This section and the amend2 ment made by this section shall take effect 90 days after 

3 the date of the enactment of this Act. 

4 SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING AD5 JUSTMENTS OF ANNUITIES FOR TERRI6 TORIAL JUDGES. 

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

8 States Code, is amended— 

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

10 (4) to read as follows: 

11 ‘‘(4) Any senior judge performing judicial duties pur12 suant to recall under paragraph (2) of this subsection 

13 shall be paid, while performing such duties, the same com14 pensation (in lieu of the annuity payable under this sec15 tion) and the same allowances for travel and other ex16 penses as a judge on active duty with the court being 

17 served.’’; 

18 (2) by amending subsection (e) to read as fol19 lows: 

20 ‘‘(e)(1) 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 is not reappointed 

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

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

25 judge is then beyond the age of 65 years— 


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1 ‘‘(A) if the judicial service of such judge, con2 tinuous or otherwise, aggregates 15 years or more, 

3 to receive during the remainder of the life of such 

4 judge an annuity equal to the salary received when 

5 the judge left office; or 

6 ‘‘(B) if such judicial service, continuous or oth7 erwise, aggregates less than 15 years, to receive dur8 ing the remainder of the life of such judge an annu9 ity equal to that proportion of such salary that the 

10 aggregate number of years of service of such judge 

11 bears to 15. 

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

13 District Court of the Northern Mariana Islands, or the 

14 District Court of the Virgin Islands who has served at 

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

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

17 disability, shall be entitled to receive during the remainder 

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

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

20 case of a judge who has served at least 10 years, continu21 ously or otherwise, an annuity equal to that proportion 

22 of such salary that the aggregate number of years of judi23 cial service of such judge bears to 15.’’; and 

24 (3) by amending subsection (g) to read as fol25 lows: 


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

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

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

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

5 retired judge, as increased under this subsection, exceed 

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

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

8 (b) EFFECTIVE DATE.— 

9 (1) COMPENSATION OF RECALLED JUDGES.— 

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

11 apply with respect to judicial duties pursuant to re12 call that are performed on or after the date of the 

13 enactment of this Act. 

14 (2) JUDGES WHO ARE NOT REAPPOINTED.— 

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

16 apply to a judge who relinquishes office under sec17 tion 373(e)(1) of title 28, United States Code, as 

18 amended by such subsection, or who retires or is re19 moved from office under section 373(e)(2) of such 

20 title, as so amended, on or after the date of the en21 actment of this Act. 

22 (3) COST-OF-LIVING INCREASES.—The amend23 ment made by subsection (a)(3) shall apply to 

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

25 enactment of this Act. 


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1 SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EX2 ECUTIVES. 

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

4 United States Code, is amended— 

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

6 the end; 

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

8 and inserting ‘‘; or’’; and 

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

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

11 is designated as a senior executive position— 

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

13 the Judicial Conference of the United 

14 States; 

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

16 by the Board of the Federal Judicial Cen17 ter; or 

18 ‘‘(iii) in the United States Sentencing 

19 Commission, by the Commission.’’. 

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

21 subsection (a) shall take effect on the date of the enact22 ment of this Act. 

23 SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS. 

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

25 States Code, is amended— 


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

3 ‘‘(b) The Director shall appoint and fix the com4 pensation of such additional professional personnel as the 

5 Board considers necessary, without regard to the provi6 sions of title 5 governing appointments in competitive 

7 service, or the provisions of chapter 51 and subchapter 

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

9 General Schedule pay rates, subject to the following: 

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

11 under this subsection may not exceed the annual 

12 rate of basic pay for level V of the Executive Sched13 ule under section 5316 of title 5, except that the Di14 rector may fix the compensation of 4 positions of the 

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

16 pay in effect for level IV of the Executive Schedule 

17 under section 5315 of title 5. 

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

19 under subchapter III of chapter 83 of title 5 shall 

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

21 salary of a reemployed annuitant under chapter 84 

22 of title 5 shall be adjusted under section 8468 of 

23 such title.’’. 

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

25 States Code,’’; and 


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1 (3) in subsection (d)— 

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

3 and 

4 (B) by striking ‘‘General Schedule pay 

5 rates, section 5332, title 5, United States 

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

7 section 5332 of title 5’’. 

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

9 subsection (a) shall take effect on the date of the enact10 ment of this Act. 

11 SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT 

12 OF REASONS FORMS. 

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

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

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

16 statement of reasons form issued under section 

17 994(w)(1)(B) of title 28’’. 

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

19 subsection (a) shall take effect on the date of the enact20 ment of this Act. 

21 SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES. 

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

23 States Code, is amended— 

24 (1) by redesignating paragraph (14) as para25 graph (15); and 


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1 (2) by inserting after paragraph (13) the fol2 lowing: 

3 ‘‘(14) Perform, in a manner appropriate for ju4 veniles, any of the functions identified in this section 

5 with respect to juveniles awaiting adjudication, trial, 

6 or disposition under chapter 403 of this title who 

7 are not detained.’’. 

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

9 subsection (a) shall take effect on the date of the enact10 ment of this Act. 

11 SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMI12 NAL WIRETAP ORDERS. 

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

14 States Code, is amended— 

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

16 days’’ and all that follows through ‘‘issuing or deny17 ing judge’’ and inserting ‘‘In January of each year, 

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

19 thereof) under section 2518 that expired during the 

20 preceding calendar year, or who has denied approval 

21 of an interception during that year,’’; 

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

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

24 year’’; and 


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

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

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act. 

6 SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF 

7 OTHER THAN COUNSEL CASE COMPENSA8 TION. 

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

10 States Code, is amended— 

11 (1) in subsection (e)— 

12 (A) in paragraph (2)— 

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

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

15 ‘‘$800’’; and 

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

17 ‘‘$500’’ and inserting ‘‘$800’’; and 

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

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

20 and 

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

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

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

24 provided in paragraphs (2) and (3) shall be ad25 justed by an amount, rounded to the nearest 


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

2 cumulative adjustments taking effect under sec3 tion 5303 of title 5 in the rates of pay under 

4 the General Schedule since the date on which 

5 the dollar amounts provided in paragraphs (2) 

6 and (3), respectively, were last modified by stat7 ute. 

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

9 under subparagraph (A) shall take effect on the 

10 same day on which the corresponding adjust11 ment under section 5303 of title 5 takes ef12 fect.’’. 

13 (b) EFFECTIVE DATE.— 

14 (1) INCREASE IN DOLLAR AMOUNTS.—The 

15 amendments made by subsection (a)(1) shall take ef16 fect on the date of the enactment of this Act. 

17 (2) ANNUAL ADJUSTMENTS.—The amendment 

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

19 adjustments taking effect under section 5303 of title 

20 5, United States Code, after the date of the enact21 ment of this Act. 

Æ 


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