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"The term 'Commission' means the Commission on Ju

2 dicial Disabilities and Tenure established under chapter 17

3 of this title.".

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SUPREME COURT REVIEW

5 SEC. 102. Chapter 81 of title 28, United States Code,

6 is amended

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(1) by adding at the end thereof the following new section:

9 " 1259. Review of Judicial Conference certification

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"Upon the petition of the aggrieved judge, the Supreme 11 Court may review by writ of certiorari a certification to the 12 President by the Judicial Conference of the United States, 13 pursuant to section 379 of this title, that a judge be removed 14 for conduct inconsistent with the good behavior required 15 by article III of the Constitution. The petition for a writ of 16 certiorari shall be filed within the time provided in section 17 2101 (c) of this title."; and

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(2) by adding at the end of the analysis thereof

the following new item:

"1259. Review of Judicial Conference certification.".

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MISCELLANEOUS

SEC. 103. (a) Within ninety days after the date of en

22 actment of this Act, the Chief Justice shall assign judges of 23 the United States to serve on the Commission on Judicial 24 Disabilities and Tenure in accordance with section 377 of 25 title 28, United States Code, as added by section 101 (a) of

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1 this Act. The Chairman shall be appointed for a term of 2 four years, and the members shall be appointed for terms of 3 two, three, and four years, as designated by the Chief Justice. (b) Within one hundred and eighty days after the

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5 date of enactment of this Act, the Commission shall pro6 mulgate rules for the conduct of its proceedings and other 7 business it is authorized to undertake under title I of this 8 Act.

9 (c) Within one hundred and eighty days after the 10 enactment of this Act, the Judicial Conference of the United 11 States shall promulgate rules of evidence for the use of 12 the Commission and the Conference, or any constituent 13 committee thereof empowered to conduct hearings on their 14 behalf, and rules for the conduct of its proceedings and 15 other business related to its compliance with duties im16 posed upon it under title I of this Act.

17 (d) All rules promulgated pursuant to subsections (b) 18 and (c), and amendments thereto, shall be matters of 19 public record, and shall be effective upon promulgation. TITLE II-RETIREMENT OF JUDGES

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RETIREMENT FOR AGE

SEC. 201. (a) Section 371 (b) of title 28, United States

23 Code, is amended by inserting immediately before the period 24 at the end of the first sentence the following: ", or at any age 25 after serving at least twenty years continuously or otherwise".

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(b) The last full paragraph of section 372 (a) of such

2 title is amended to read as follows:

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"Each justice or judge retiring under this section shall,

4 during the remainer of his lifetime, receive the salary of the

5 office.".

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DISABILITY RETIREMENT

SEC. 202. (a) Section 294 (b) of title 28, United States 8 Code, is amended by striking out the phrase "retired from 9 regular active service under section 371 (b) or 372 (a) of 10 this title", and inserting in lieu thereof the following: "retired 11 voluntarily from regular active service under section 371 (b) 12 or 372 (a) of this title, or who has been involuntarily retired 13 under section 372 (b) of this title,”.

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(b) Section 294 (c) of title 28, United States Code, is

15 amended

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(1) by striking out of the first sentence thereof the phrase "Any retired circuit or district judge may", and inserting in lieu thereof the following: "A circuit or

district judge retired voluntarily under section 371 (b)

or 372 (a) of this title or involuntarily under section

372 (b) of this title shall, from time to time,"; and

(2) by adding at the end thereof the following new sentence: "A judge of the United States retired involuntarily under section 372 (b) of this title shall be designated and assigned by the chief judge of his court to

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perform such judicial duties in such court as such judge

is willing and able to undertake.”.

(c) Section 372 of title 28, United States Code, is 4 amended by striking out subsection (b), and inserting in 5 lieu thereof the following:

€ "(b) Whenever any judge of the United States ap7 pointed to hold office during good behavior who is eligible to 8 retire under this section does not do so and a majority of the 9 Commission finds, subject to the requirements of section 380 10 of this title, that such judge is unable to discharge efficiently 11 one or more of the critical duties of his office by reason of 12 permanent mental or physical disability, the Commission 13 shall certify its determination to the President and such 14 judge shall be retired involuntarily from the regular active 15 service.

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"(c) The President, by and with the advice and consent of the Senate, shall forthwith appoint a successor to 18 any judge retired involuntarily under the provisions of sub19 section (b) of this section. Whenever such successor shall 20 have been appointed, the vacancy subsequently caused by 21 the death or resignation of the judge involuntarily retired 22 shall not be filled.

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"(d) Habitual intemperance that seriously interferes

24 with the performance of any of the critical duties of a judge

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1 shall be regarded as a permanent disability for the purposes

2 of this section and section 380 of this title.".

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TITLE III-JUDICIAL SURVIVOR ANNUITIES

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REVISION OF THE SURVIVOR ANNUITY PROGRAM

5 SEC. 301. Subchapter III of chapter 83 of title 5, United 6 States Code, is amended by adding after section 8341 thereof 7 the following new section:

8 "88341A. Annuities for survivors of judicial officials

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"(a) For the purpose of this section

"(1) judicial official' means an individual who

gives notice in writing to the Director of the Adminis

trative Office of the United States Courts within six months after (i) the date on which he takes office, (ii)

the date on which he gets married, or (iii) the enactment of this section of his desire to make his survivors

subject to this section and who is

"(A) a Justice or judge of the United States

as defined by section 451 of title 28;

"(B) a judge of the United States District Court for the District of Puerto Rico, the United

States District Court for the District of the Canal

Zone, the District Court of Guam, or the District

Court of the Virgin Islands;

"(C) a Director of the Administrative Office of

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