Calendar No. 614 110th CONGRESS

March 10, 2008

Reported by Mr. LEAHY, with an amendmentCommentsClose CommentsPermalink

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

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Section 140 ofPublic Law 97-92, as amended by Public Law 107-77 (28 U.S.C. 461 note), is repealed. CommentsClose CommentsPermalink

(a) Retirement From the Office-Section 371 of title 28, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a), by striking `subsection (c)' and inserting `subsection (c)(1)'; CommentsClose CommentsPermalink





(2) in subsection (b)(1), by striking `subsection (c)' and inserting `subsection (c)(2)'; and CommentsClose CommentsPermalink





(3) by amending subsection (c) to read as follows: CommentsClose CommentsPermalink





`(c) Age and Service Requirements- CommentsClose CommentsPermalink





`(1) RETIREMENT ON SALARY- The age and service requirements for retirement under subsection (a) are as follows: CommentsClose CommentsPermalink

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`Attained Age: Years of Service: CommentsClose CommentsPermalink

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67                17 CommentsClose CommentsPermalink

68                16 CommentsClose CommentsPermalink

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70                14 CommentsClose CommentsPermalink

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`(2) RETIREMENT IN SENIOR STATUS- The age and service requirements for retirement under subsection (b) are as follows: CommentsClose CommentsPermalink

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`Attained Age: Years of Service: CommentsClose CommentsPermalink

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65                15 CommentsClose CommentsPermalink

66                14 CommentsClose CommentsPermalink

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68                12 CommentsClose CommentsPermalink

69                11 CommentsClose CommentsPermalink

70              10'. CommentsClose CommentsPermalink

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(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 undersection 371(a) of title 28, United States Code-- CommentsClose CommentsPermalink





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





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





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. CommentsClose CommentsPermalink





(c) Workload of Senior Judges-Section 371(e)(1) of title 28, United States code, is amended-- CommentsClose CommentsPermalink





(1) in subparagraphs (A) and (B), by striking `three months' and inserting `4 months'; and CommentsClose CommentsPermalink





(2) in subparagraph (C), by striking `3 months' and inserting `4 months'. CommentsClose CommentsPermalink

SEC. 5. ANNUAL SALARY ADJUSTMENTS.

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





`(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.'. CommentsClose CommentsPermalink

SEC. 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 undersection 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: CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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





(b) Applicability- Subsection (a) shall not apply to any individual who has retired undersection 371(a) of title 28, United States Code, before the date of the enactment of this Act. CommentsClose CommentsPermalink

SEC. 7. LIMITATION ON ACCEPTANCE OF HONORARY MEMBERSHIPS.

(a) Definitions- In this section: CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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.). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 8. JUDICIAL TRAVEL REPORTING REQUIREMENTS.

(a) In General- CommentsClose CommentsPermalink





(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.). CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





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





(B) a disclosure of any expenses paid or reimbursed for an accompanying spouse or dependent child; and CommentsClose CommentsPermalink





(C) a description of all meetings and events attended during travel. CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





`(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.'. CommentsClose CommentsPermalink

SEC. 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. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink

SEC. 10. JUDICIAL GIFTS.

(a) In General- A Federal judge or justice shall not-- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





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





(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 CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





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





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(c) Value Limits- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 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: CommentsClose CommentsPermalink





`(c) In this section, the term `judicial officer' includes active and senior judges of the United States Court of Federal Claims.'. CommentsClose CommentsPermalink

SEC. 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'. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(c) Effective Date and Application- CommentsClose CommentsPermalink





(1) EFFECTIVE DATE- This section shall take effect 180 days after the date of enactment of this Act. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 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. CommentsClose CommentsPermalink

SEC. 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. CommentsClose CommentsPermalink

Calendar No. 614CommentsClose CommentsPermalink

110th CONGRESS 2d Session S. 1638 A BILL

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

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March 10, 2008

Reported with an amendment