Legislación
US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 42: Federal Judicial Center
-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-
-CITE-
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-
-CITE-
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-
Descargar
Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |