US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 42: Federal Judicial Center

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 42 - FEDERAL JUDICIAL CENTER 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-MISC1-

Sec.

620. Federal Judicial Center.

621. Board; composition, tenure of members, compensation.

622. Meetings; conduct of business.

623. Duties of the Board.

624. Powers of the Board.

625. Director and staff.

626. Compensation of the Director and Deputy Director.

627. Retirement; employee benefits.

628. Appropriations and accounting.

629. Federal Judicial Center Foundation.

AMENDMENTS

1988 - Pub. L. 100-702, title III, Secs. 301(b), 304(b)(2), Nov.

19, 1988, 102 Stat. 4647, 4648, inserted "and Deputy Director"

after "Director" in item 626 and added item 629.

1978 - Pub. L. 95-598, title II, Sec. 230(2), Nov. 6, 1978, 92

Stat. 2665, struck out item 629 "Organizational provisions".

1967 - Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

664, added chapter 42 and items 620 to 629.

-End-

-CITE-

28 USC Sec. 620 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 620. Federal Judicial Center

-STATUTE-

(a) There is established within the judicial branch of the

Government a Federal Judicial Center, whose purpose it shall be to

further the development and adoption of improved judicial

administration in the courts of the United States.

(b) The Center shall have the following functions:

(1) to conduct research and study of the operation of the

courts of the United States, and to stimulate and coordinate such

research and study on the part of other public and private

persons and agencies;

(2) to develop and present for consideration by the Judicial

Conference of the United States recommendations for improvement

of the administration and management of the courts of the United

States;

(3) to stimulate, create, develop, and conduct programs of

continuing education and training for personnel of the judicial

branch of the Government and other persons whose participation in

such programs would improve the operation of the judicial branch,

including, but not limited to, judges, United States magistrate

judges, clerks of court, probation officers, and persons serving

as mediators and arbitrators;

(4) insofar as may be consistent with the performance of the

other functions set forth in this section, to provide staff,

research, and planning assistance to the Judicial Conference of

the United States and its committees;

(5) Insofar (!1) as may be consistent with the performance of

the other functions set forth in this section, to cooperate with

the State Justice Institute in the establishment and coordination

of research and programs concerning the administration of

justice; and

(6) insofar as may be consistent with the performance of the

other functions set forth in this section, to cooperate with and

assist agencies of the Federal Government and other appropriate

organizations in providing information and advice to further

improvement in the administration of justice in the courts of

foreign countries and to acquire information about judicial

administration in foreign countries that may contribute to

performing the other functions set forth in this section.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

664; amended Pub. L. 95-598, title II, Sec. 227, Nov. 6, 1978, 92

Stat. 2665; Pub. L. 98-620, title II, Sec. 214, Nov. 8, 1984, 98

Stat. 3346; Pub. L. 99-336, Sec. 6(b), June 19, 1986, 100 Stat.

639; Pub. L. 100-702, title III, Sec. 303, Nov. 19, 1988, 102 Stat.

4648; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117; Pub. L. 102-572, title VI, Sec. 602(a), Oct. 29, 1992, 106

Stat. 4514.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(6). Pub. L. 102-572 added par. (6).

1988 - Subsec. (b)(3). Pub. L. 100-702 amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "to

stimulate, create, develop, and conduct programs of continuing

education and training for personnel of the judicial branch of the

Government, including, but not limited to, judges, clerks of court,

probation officers, and United States magistrates;".

1986 - Subsec. (b)(3). Pub. L. 99-336 struck out "referees,"

after "judges," and substituted "magistrates" for "commissioners".

1984 - Subsec. (b)(5). Pub. L. 98-620 added par. (5).

1978 - Subsec. (b)(3). Pub. L. 95-598 directed the amendment of

par. (3) by striking out "referees," and by substituting

"magistrates" for "commissioners", which amendment did not become

effective pursuant to section 402(b) of Pub. L. 95-598, as amended,

set out as an Effective Date note preceding section 101 of Title

11, Bankruptcy.

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" in subsec. (b)(3) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 6(c) of Pub. L. 99-336 provided that: "The amendments

made by this section [amending this section and section 288d of

Title 2, The Congress, and redesignating sections 1364 to 1366 of

this title] shall take effect on the date of the enactment of this

Act [June 19, 1986]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 effective Oct. 1, 1985, see section

216 of Pub. L. 98-620, set out as a note under section 10701 of

Title 42, The Public Health and Welfare.

STUDY OF INTERCIRCUIT CONFLICTS AND STRUCTURAL ALTERNATIVES FOR

COURTS OF APPEALS BY FEDERAL JUDICIAL CENTER

Pub. L. 101-650, title III, Sec. 302, Dec. 1, 1990, 104 Stat.

5104, as amended by Pub. L. 102-572, title V, Sec. 502(c), Oct. 29,

1992, 106 Stat. 4513, directed Board of the Federal Judicial Center

to conduct study and submit report to Congress by Jan. 1, 1992, on

number and frequency of conflicts among judicial circuits in

interpreting law that remain unresolved because they are not heard

by the Supreme Court, and further directed Board to study full

range of structural alternatives for Federal Courts of Appeals and

submit report on the study to Congress and Judicial Conference of

the United States, no later than 2 years and 9 months after Dec. 1,

1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14001.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

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28 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 621. Board; composition, tenure of members, compensation

-STATUTE-

(a) The activities of the Center shall be supervised by a Board

to be composed of -

(1) the Chief Justice of the United States, who shall be the

permanent Chairman of the Board;

(2) two circuit judges, three district judges, one bankruptcy

judge, and one magistrate judge, elected by vote of the members

of the Judicial Conference of the United States, except that any

circuit or district judge so elected may be either a judge in

regular active service or a judge retired from regular active

service under section 371(b) of this title but shall not be a

member of the Judicial Conference of the United States; and

(3) the Director of the Administrative Office of the United

States Courts, who shall be a permanent member of the Board.

(b) The term of office of each elected member of the Board shall

be four years. A member elected to serve for an unexpired term

arising by virtue of the death, disability, retirement pursuant to

section 371(a) or section 372(a) of this title, or resignation of a

member shall be elected only for such unexpired term.

(c) No member elected for a four-year term shall be eligible for

reelection to the Board.

(d) Members of the Board shall serve without additional

compensation, but shall be reimbursed for actual and necessary

expenses incurred in the performance of their official duties.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

664; amended Pub. L. 95-598, title II, Secs. 228, 229, Nov. 6,

1978, 92 Stat. 2665; Pub. L. 104-317, title VI, Sec. 601(b), Oct.

19, 1996, 110 Stat. 3857.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-317, Sec. 601(b)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"two active judges of the courts of appeals of the United States,

three active judges of the district courts of the United States,

one active judge of the bankruptcy courts of the United States

elected by vote of the members of the Judicial Conference of the

United States: Provided, however, That the judges so elected shall

not be members of the Judicial Conference of the United States;

and".

Subsec. (b). Pub. L. 104-317, Sec. 601(b)(2), substituted

"retirement pursuant to section 371(a) or section 372(a) of this

title," for "retirement,".

1978 - Subsec. (a)(2). Pub. L. 95-598, Sec. 228, inserted

reference to one active judge of the bankruptcy courts of the

United States.

Subsec. (b). Pub. L. 95-598, Sec. 229, struck out provisions

requiring that section 629 of this title govern the terms of office

of the first members elected to the Board.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(c) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-

28 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 622. Meetings; conduct of business

-STATUTE-

(a) Regular meetings of the Board shall be held quarterly.

Special meetings shall be held from time to time upon the call of

the Chairman, acting at his own discretion or pursuant to the

petition of any four members.

(b) Each member of the Board shall be entitled to one vote. A

simple majority of the membership shall constitute a quorum for the

conduct of business. The Board shall act upon the concurrence of a

simple majority of the members present and voting.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

665.)

-End-

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28 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 623. Duties of the Board

-STATUTE-

(a) In its direction and supervision of the activities of the

Federal Judicial Center, the Board shall -

(1) establish such policies and develop such programs for the

Federal Judicial Center as will further achievement of its

purpose and performance of its functions;

(2) formulate recommendations for improvements in the

administration of the courts of the United States, in the

training of the personnel of those courts, and in the management

of their resources;

(3) submit to the Judicial Conference of the United States, at

least one month in advance of its annual meeting, a report of the

activities of the Center and such recommendations as the Board

may propose for the consideration of the Conference;

(4) present to other government departments agencies, and

instrumentalities whose programs or activities relate to the

administration of justice in the courts of the United States the

recommendations of the Center for the improvement of such

programs or activities;

(5) study and determine ways in which automatic data processing

and systems procedures may be applied to the administration of

the courts of the United States, and include in the annual report

required by paragraph (3) of this subsection details of the

results of the studies and determinations made pursuant to this

paragraph;

(6) consider and recommend to both public and private agencies

aspects of the operation of the courts of the United States

deemed worthy of special study; and

(7) conduct, coordinate, and encourage programs relating to the

history of the judicial branch of the United States Government.

(b) The Board shall transmit to Congress and to the Attorney

General of the United States copies of all reports and

recommendations submitted to the Judicial Conference of the United

States. The Board shall also keep the Committees on the Judiciary

of the United States Senate and House of Representatives fully and

currently informed with respect to the activities of the Center.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

665; amended Pub. L. 100-702, title III, Sec. 302, Nov. 19, 1988,

102 Stat. 4648.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(7). Pub. L. 100-702 added par. (7).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to requirement that the Board transmit

to Congress copies of all reports and recommendations submitted to

the Judicial Conference of the United States, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 12 of House Document No.

103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 629 of this title.

-End-

-CITE-

28 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 624. Powers of the Board

-STATUTE-

The Board is authorized -

(1) to appoint and fix the duties of the Director and the

Deputy Director of the Federal Judicial Center, who shall serve

at the pleasure of the Board;

(2) to request from any department, agency, or independent

instrumentality of the Government any information it deems

necessary to the performance of the functions of the Federal

Judicial Center set forth in this chapter, and each such

department, agency, or instrumentality is directed to cooperate

with the Board and, to the extent permitted by law, to furnish

such information to the Center upon request of the Chairman or

upon request of the Director when the Board has delegated this

authority to him;

(3) to contract with and compensate government and private

agencies or persons for research projects and other services,

without regard to section 3709 of the Revised Statutes, as

amended (41 U.S.C. 5), and to delegate such contract authority to

the Director of the Federal Judicial Center, who is hereby

empowered to exercise such delegated authority.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

666; amended Pub. L. 100-702, title III, Sec. 304(a), Nov. 19,

1988, 102 Stat. 4648.)

-MISC1-

AMENDMENTS

1988 - Par. (1). Pub. L. 100-702 inserted "and the Deputy

Director" after "Director".

-End-

-CITE-

28 USC Sec. 625 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 625. Director and staff

-STATUTE-

(a) The Director shall supervise the activities of persons

employed by the Center and perform other duties assigned to him by

the Board.

(b) The Director shall appoint and fix the compensation of such

additional professional personnel as the Board may deem necessary,

without regard to the provisions of title 5, United States Code,

governing appointments in competitive service, or the provisions of

chapter 51 and subchapter III of chapter 53 of such title, relating

to classification and General Schedule pay rates: Provided,

however, That the compensation of any person appointed under this

subsection shall not exceed the annual rate of basic pay of level V

of the Executive Schedule pay rates, section 5316, title 5, United

States Code: And provided further, That the salary of a reemployed

annuitant under the Civil Servive (!1) Retirement Act shall be

adjusted pursuant to the provisions of section 8344, title 5,

United States Code.

(c) The Director shall appoint and fix the compensation of such

secretarial and clerical personnel as he may deem necessary,

subject to the provisions of title 5, United States Code, governing

appointments in competitive service without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of such

title, relating to classification and General Schedule pay rates.

(d) The Director may procure personal services as authorized by

section 3109 of title 5, United States Code, at rates not to exceed

the daily equivalent of the highest rate payable under General

Schedule pay rates, section 5332, title 5, United States Code. (e)

The Director is authorized to incur necessary travel and other

miscellaneous expenses incident to the operation of the Center.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

666; amended Pub. L. 102-572, title VI, Sec. 602(b), Oct. 29, 1992,

106 Stat. 4514.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b), is set out

under section 5332 of Title 5, Government Organization and

Employees.

The Civil Service Retirement Act, referred to in subsec. (b), is

act May 29, 1930, ch. 349, 46 Stat. 468, as amended by act July 31,

1956, ch. 804, Sec. 401, 70 Stat. 743, which was repealed by Pub.

L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by

the first section thereof as subchapter III (Sec. 8331 et seq.) of

chapter 83 of Title 5.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-572 substituted "competitive

service without regard to" for "competitive service and".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

-FOOTNOTE-

(!1) So in original. Should be "Service".

-End-

-CITE-

28 USC Sec. 626 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 626. Compensation of the Director and Deputy Director

-STATUTE-

The compensation of the Director of the Federal Judicial Center

shall be the same as that of the Director of the Administrative

Office of the United States Courts, and his appointment and salary

shall not be subject to the provisions of title 5, United States

Code, governing appointments in competitive service, or the

provisions of chapter 51 and subchapter III of chapter 53 of such

title, relating to classification and General Schedule pay rates:

Provided, however, That any Director who is a justice or judge of

the United States in active or retired status shall serve without

additional compensation. The compensation of the Deputy Director of

the Federal Judicial Center shall be the same as that of the Deputy

Director of the Administrative Office of the United States Courts.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

666; amended Pub. L. 100-702, title III, Sec. 304(b)(1), Nov. 19,

1988, 102 Stat. 4648.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in text, is set out under

section 5332 of Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-702 inserted "and Deputy Director" in section

catchline and inserted at end of text "The compensation of the

Deputy Director of the Federal Judicial Center shall be the same as

that of the Deputy Director of the Administrative Office of the

United States Courts."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 304(c) of Pub. L. 100-702 provided that: "The amendment

made by subsection (b) [amending this section] shall be effective

for fiscal years beginning on or after October 1, 1988."

-End-

-CITE-

28 USC Sec. 627 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 627. Retirement; employee benefits

-STATUTE-

(a) The Director, Deputy Director, the professional staff, and

the clerical and secretarial employees of the Federal Judicial

Center shall be deemed to be officers and employees of the judicial

branch of the United States Government within the meaning of

subchapter III of chapter 83 (relating to civil service

retirement), chapter 84 (relating to the Federal Employees'

Retirement System), chapter 87 (relating to Federal employees' life

insurance program), and chapter 89 (relating to Federal employees'

health benefits program) of title 5, United States Code: Provided,

however, That the Director, upon written notice filed with the

Director of the Administrative Office of the United States Courts

within 6 months after the date on which he takes office, may waive

coverage under chapter 83 of title 5, subchapter III (the Civil

Service Retirement System) or chapter 84 of title 5 (the Federal

Employees' Retirement System), whichever is applicable, and elect

coverage under the retirement and disability provisions of this

section. A Director who elects coverage under this section shall be

deemed an "employee" for purposes of chapter 84 of title 5,

subchapter III, regardless of whether he has waived the coverage of

chapter 83, subchapter III, or chapter 84: And provided further,

That upon his nonretirement separation from the Federal Judicial

Center, waiver of coverage under chapter 83, subchapter III, and

election of this section shall not operate to foreclose to the

Director such opportunity as the law may provide to secure

retirement credit under chapter 83 for service as Director by

depositing with interest the amount required by section 8334 of

title 5. A Director who waives coverage under chapter 84 and elects

this section may secure retirement credit under chapter 84 for

service as Director by depositing with interest 1.3 percent of

basic pay for service from January 1, 1984, through December 31,

1986, and the amount referred to in section 8422(a) of title 5, for

service after December 31, 1986. Interest shall be computed under

section 8334(e) of title 5.

(b) Upon the retirement of a Director who has elected coverage

under this section and who has at least fifteen years of service

and has attained the age of sixty-five years the Director of the

Administrative Office of the United States Courts shall pay him an

annuity for life equal to 80 per centum of the salary of the office

at the time of his retirement.

Upon the retirement of a Director who has elected coverage under

this section and who has at least ten years of service, but who is

not eligible to receive an annuity under the first paragraph of

this subsection, the Administrative Office of the United States

Courts shall pay him an annuity for life equal to that proportion

of 80 per centum of the salary of the office at the time of his

retirement that the number of years of his service bears to

fifteen, reduced by one-quarter of 1 per centum for each full

month, if any, he is under the age of sixty-five at the time of

separation from service.

(c) A director who has elected coverage under this section and

who becomes permanently disabled to perform the duties of his

office shall be retired and shall receive an annuity for life equal

to 80 per centum of the salary of the office at the time of his

retirement if he has at least fifteen years of service, or equal to

that proportion of 80 per centum of such salary that the aggregate

number of years of his service bears to fifteen if he has less than

fifteen years of service, but in no event less than 50 per centum

of such salary.

(d) For the purpose of this section, "service" means service,

whether or not continuous, as Director of the Federal Judicial

Center, and any service, not to exceed five years, as a judge of

the United States, a Senator or Representative in Congress, a

congressional employee in the capacity of primary administrative

assistant to a Member of Congress or in the capacity of staff

director or chief counsel for the majority or the minority of a

committee or subcommittee of the Senate or House of

Representatives, or a civilian official appointed by the President,

by and with the advice and consent of the Senate.

(e) Each annuity payable under this section shall be increased by

the same percentage amount and effective on the same date as

annuities payable under chapter 83 of title 5, are increased as

provided by section 8340 of title 5.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

666; amended Pub. L. 100-702, title X, Secs. 1004(a), 1006(a)(2),

Nov. 19, 1988, 102 Stat. 4665, 4666; Pub. L. 104-317, title VI,

Sec. 604, Oct. 19, 1996, 110 Stat. 3857; Pub. L. 106-518, title

III, Secs. 301(b), 312(a), Nov. 13, 2000, 114 Stat. 2416, 2421.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-518, Sec. 312(a), redesignated

subsec. (b) as (a) and struck out former subsec. (a) which read as

follows: "A Director of the Federal Judicial Center who attains the

age of seventy years shall be retired from that office."

Subsec. (b). Pub. L. 106-518, Sec. 312(a)(2), redesignated

subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 106-518, Sec. 312(a)(2), redesignated

subsec. (d) as (c). Former subsec. (c) redesignated (b).

Pub. L. 106-518, Sec. 301(b)(2), in first par., substituted "who

has at least fifteen years of service and has" for "who has served

at least fifteen years and" and, in second par., substituted "who

has at least ten years of service," for "who has served at least

ten years,".

Subsec. (d). Pub. L. 106-518, Sec. 312(a)(2), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated (c).

Pub. L. 106-518, Sec. 301(b)(3), substituted "at least fifteen

years of service," for "served at least fifteen years," and "less

than fifteen years of service," for "served less than fifteen

years,".

Subsec. (e). Pub. L. 106-518, Sec. 312(a)(2), redesignated

subsec. (f) as (e). Former subsec. (e) redesignated (d).

Pub. L. 106-518, Sec. 301(b)(1), inserted "a congressional

employee in the capacity of primary administrative assistant to a

Member of Congress or in the capacity of staff director or chief

counsel for the majority or the minority of a committee or

subcommittee of the Senate or House of Representatives," after

"Congress,".

Subsec. (f). Pub. L. 106-518, Sec. 312(a)(2), redesignated

subsec. (f) as (e).

1996 - Subsec. (b). Pub. L. 104-317, in first sentence, inserted

"Deputy Director," before "the professional staff" and "chapter 84

(relating to the Federal Employees' Retirement System)," after

"(relating to civil service retirement),".

1988 - Subsec. (b). Pub. L. 100-702, Sec. 1006(a)(2), amended

provisions after "Provided, however," generally. Prior to

amendment, those provisions read as follows: "That the Director,

upon written notice filed with the Director of the Administrative

Office of the United States Courts within six months after the date

on which he takes office, may waive coverage under subchapter III

of chapter 83 of title 5, United States Code (relating to civil

service retirement), and elect coverage under the retirement and

disability provisions of this section: And provided further, That

upon his non-retirement separation from the Federal Judicial

Center, such waiver and election shall not operate to foreclose to

the Director such opportunity as the law may provide to secure

civil service retirement credit for service as Director by

depositing with interest the amount required by section 8334 of

title 5, United States Code."

Subsec. (f). Pub. L. 100-702, Sec. 1004(a), added subsec. (f).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1004(a) of Pub. L. 100-702 applicable to

cost-of-living increases that go into effect on or after Nov. 19,

1988, with respect to any annuity being paid or becoming payable on

or after such date, see section 1004(b) of Pub. L. 100-702, set out

as a note under section 611 of this title.

Amendment by section 1006(a)(2) of Pub. L. 100-702 applicable to

persons holding offices of Director of the Administrative Office of

the United States Courts, Director of the Federal Judicial Center,

and Administrative Assistant to the Chief Justice on Nov. 19, 1988,

see section 1006(b) of Pub. L. 100-702, set out as a note under

section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 376 of this title.

-End-

-CITE-

28 USC Sec. 628 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 628. Appropriations and accounting

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the provisions of this chapter. The

Administrative Office of the United States Courts shall provide

accounting, disbursing, auditing, and other fiscal services for the

Federal Judicial Center.

-SOURCE-

(Added Pub. L. 90-219, title I, Sec. 101, Dec. 20, 1967, 81 Stat.

667.)

-End-

-CITE-

28 USC Sec. 629 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 42 - FEDERAL JUDICIAL CENTER

-HEAD-

Sec. 629. Federal Judicial Center Foundation

-STATUTE-

(a) There is established a private nonprofit corporation which

shall be known as the Federal Judicial Center Foundation (hereafter

in this section referred to as the "Foundation") and which shall be

incorporated in the District of Columbia. The purpose of the

Foundation shall be to have sole authority to accept and receive

gifts of real and personal property and services made for the

purpose of aiding or facilitating the work of the Federal Judicial

Center. The Foundation shall not accept conditional or otherwise

restricted gifts, except gifts that are designated for the support

of specific projects previously approved by the Board of the Center

may be accepted. The Foundation shall have no authority to

administer or otherwise determine the use of gifts accepted under

this section.

(b) The business of the Foundation shall be conducted by a Board

that shall have seven members, including a chairman. Three members,

including the chairman, shall be appointed by the Chief Justice of

the United States, two by the President Pro Tempore of the Senate,

and two by the Speaker of the House of Representatives. The term of

office of each member of the Board shall be 5 years, except that

the initial terms shall be 5 years for the chairman, one member

appointed by the President Pro Tempore and one member appointed by

the Speaker, 3 years for the other member appointed by the

President Pro Tempore and the other member appointed by the

Speaker, and two years for the two other members appointed by the

Chief Justice. Members of the Board shall serve without

compensation but, upon authorization of the Director of the Center,

shall be reimbursed by the Federal Judicial Center for actual and

necessary expenses incurred in the performance of their official

duties. No person who is a Federal or State judge in regular active

service or otherwise eligible to perform judicial duties shall be

eligible for membership on the Board. The Center shall provide all

administrative support and facilities necessary for the operation

of the Board.

(c) The Federal Judicial Center is authorized to administer and

use gifts received by the Foundation under this section. The gifts

shall be used to further the goals of the Center as determined by

the Board of the Center.

(d) Gifts of money and proceeds from sales of other property

received as gifts shall be deposited in a separate fund in the

Treasury of the United States and disbursed on the order of the

Director of the Center, in accordance with policies established by

the Board of the Center.

(e) The Board of the Foundation shall, not later than October 1

of each year, submit to the Committees on the Judiciary of the

United States Senate and House of Representatives a report with

respect to gifts received under this section during the preceding

12-month period, including the source of each such gift, the amount

of each gift of cash or cash equivalent, and a description of any

other gift. The Center shall include in its annual report of the

activities of the Center under section 623(a)(3) a description of

the purposes for which gifts were used during the year covered by

the report.

(f) For the purpose of Federal income, estate, and gift taxes,

property accepted under this section shall be considered as a gift

or bequest to or for the use of the United States.

-SOURCE-

(Added Pub. L. 100-702, title III, Sec. 301(a), Nov. 19, 1988, 102

Stat. 4646.)

-MISC1-

PRIOR PROVISIONS

A prior section 629, added Pub. L. 90-219, title I, Sec. 101,

Dec. 20, 1967, 81 Stat. 667, related to organization provisions for

the Board, prior to repeal by Pub. L. 95-598, title II, Sec.

230(1), Nov. 6, 1978, 92 Stat. 2665, effective Nov. 6, 1978.

-End-