28 USC Southern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Southern District comprises the counties of Bronx, Dutchess,
New York, Orange, Putnam, Rockland, Sullivan, and Westchester and
concurrently with the Eastern District, the waters within the Eastern
District.
Court for the Southern District shall be held at New York and White
Plains.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(c) The Eastern District comprises the counties of Kings, Nassau,
Queens, Richmond, and Suffolk and concurrently with the Southern
District, the waters within the counties of Bronx and New York.
Court for the Eastern District shall be held at Brooklyn, Hauppauge,
and Hempstead (including the village of Uniondale).
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(d) The Western District comprises the counties of Allegany,
Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe,
Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming,
and Yates.
Court for the Western District shall be held at Buffalo, Canandaigua,
Elmira, Jamestown, and Rochester.
(June 25, 1948, ch. 646, 62 Stat. 885; Dec. 18, 1967, Pub. L.
90-217, 81 Stat. 662; Dec. 14, 1970, Pub. L. 91-546, 1, 84 Stat.
1412; Apr. 28, 1978, Pub. L. 95-271, 1, 92 Stat. 221; Oct. 2, 1978,
Pub. L. 95-408, 4(c), 92 Stat. 885; Nov. 2, 1978, Pub. L. 95-573, 3,
92 Stat. 2458; Nov. 8, 1984, Pub. L. 98-620, title IV, 405, 98 Stat.
3361; Dec. 1, 1990, Pub. L. 101-650, title III, 324(a)(2), 104 Stat.
5120.)
Based on title 28, U.S.C., 1940 ed., 178 and 178a (Mar. 3, 1911,
ch. 231, 97, 36 Stat. 1119; Jan. 21, 1920, ch. 50, 41 Stat. 394; July
1, 1922, ch. 260, 42 Stat. 812; Aug. 12, 1937, ch. 591, 50 Stat. 623).
A reference in section 178 of title 28, U.S.C., 1940 ed., to Franklin
County in the list of Counties in the Northern District, in which one
term might be held annually, in the discretion of the judge, was omitted
as superseded by the provisions of said section 178a of title 28,
requiring an annual term to be held at Malone, which is in Franklin
County.
References to seizures made, matters done and processes or orders
issued respecting waters within the concurrent jurisdiction of the
southern and eastern districts, were omitted as unnecessary and covered
by the revised language.
Provision for 20 days' notice of the special term authorized in the
discretion of the court in the counties of Clinton, Jefferson, Onondaga,
Oswego, Rensselaer, St. Lawrence, Saratoga, and Schenectady was omitted
as unnecessary, in view of section 141 of this title providing for such
notice as the district judge orders.
The special provision permitting any district judge in New York to
act as judge in any other district in that State upon request of the
resident district judge was omitted, thus making applicable the uniform
procedure for designation and assignment of district judges throughout
the United States, provided by section 292 of this title.
Words ''with the waters thereof'' after the list of counties in each
district were omitted as unnecessary and inconsistent with other
sections of this chapter.
The provisions with reference to the return of process in admiralty
cases, the designation of judges and their powers, and the holding of
sessions for the hearing of motions and for proceedings in bankruptcy
and admiralty, were omitted as unnecessary and more properly the subject
of rule of court.
The provisions of sections 178 and 178a of title 28, U.S.C., 1940
ed., respecting court accommodations at Malone and in the counties of
Schenectady, Rensselaer, Saratoga, Onondaga, St. Lawrence, Clinton,
Jefferson, Oswego, and Franklin, were omitted as covered by section 142
of this title.
The county of Bronx, in the southern district, was formed out of a
part of New York County in 1912.
Lockport was omitted as a place of holding court in the Western
District. Court has not been held there for 32 years.
Changes were made in arrangement and phraseology.
1990 -- Subsec. (a). Pub. L. 101-650 substituted ''Utica, and
Watertown'' for ''and Utica''.
1984 -- Subsec. (c). Pub. L. 98-620 provided for holding court at
Hauppauge.
1978 -- Subsec. (a). Pub. L. 95-408, 4(c)(1), added counties of
Columbia, Greene, and Ulster to those counties comprising the Northern
District of New York.
Subsec. (b). Pub. L. 95-573 provided for holding court at White
Plains.
Pub. L. 95-408, 4(c)(2), struck out Columbia, Greene, and Ulster
from those counties comprising the Southern District of New York.
Subsec. (c). Pub. L. 95-271 substituted ''and Hempstead (including
the village of Uniondale)'' for ''Mineola, and Westbury''.
1970 -- Subsec. (c). Pub. L. 91-546 provided for holding court at
Westbury.
1967 -- Subsec. (c). Pub. L. 90-217 provided for holding court at
Mineola.
Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on that date, see section
411 of Pub. L. 98-620, set out as a note under section 85 of this
title.
Amendment by Pub. L. 95-408 effective 180 days after Oct. 2, 1978,
with such amendment not to affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act, see
section 5 of Pub. L. 95-408, set out as a note under section 89 of this
title.
Sections 2 to 5 of Pub. L. 95-271 provided that:
''Sec. 2. The United States District Court for the Eastern District
of New York, by order made anywhere within its district, may pretermit
the regular session of court at Hempstead until Federal quarters and
accommodations are available and ready for occupancy, except that for
the entire period and such pretermission, a special session of the court
shall be held at Westbury. Pretermission may be ordered without regard
to the provisions of section 140(a) of title 28, United States Code.
''Sec. 3. Notwithstanding the provisions of section 142 of title 28,
United States Code, the Administrator of General Services, at the
request of the Director of the Administrative Office of the United
States Courts, shall continue to provide existing quarters and
accommodations at Westbury for the duration of the special session held
pursuant to section 2 of this Act. Appropriations to the judicial
branch of Government shall be available to the Director to make
necessary disbursements for such quarters and accommodations, and to pay
user charges as required by section 210 of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490), at
rates otherwise authorized by law.
''Sec. 4. Notwithstanding the provisions of section 456 of title 28,
United States Code, any judge, and any officer or employee of the
judicial branch, whose official station is, on the day before the date
of enactment of this Act (Apr. 28, 1978), Westbury, may maintain that
official station for the duration of the special session held pursuant
to section 2 of this Act.
''Sec. 5. The Director of the Administrative Office of the United
States Courts may pay travel and transportation expenses in accordance
with subchapter II, chapter 57 of title 5, United States Code, to any
officer or employee of the judicial branch whose official station
changes as a consequence of this Act (enacting this provision and
amending subsec. (c) of this section) and who relocates his residence
incident to such change of official station.''
28 USC 113. North Carolina
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
North Carolina is divided into three judicial districts to be known
as the Eastern, Middle, and Western Districts of North Carolina.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Eastern District comprises the counties of Beaufort, Bertie,
Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven,
Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates,
Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones,
Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico,
Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance,
Wake, Warren, Washington, Wayne, and Wilson and that portion of Durham
County encompassing the Federal Correctional Institution, Butner, North
Carolina.
Court for the Eastern District shall be held at Elizabeth City,
Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson.
28 USC Middle District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Middle District comprises the counties of Alamance, Cabarrus,
Caswell, Chatham, Davidson, Davie, Durham (excluding that portion of
Durham County encompassing the Federal Correctional Institution, Butner,
North Carolina), Forsythe, Guilford, Hoke, Lee, Montgomery, Moore,
Orange, Person, Randolph, Richmond, Rockingham, Rowan, Scotland, Stanly,
Stokes, Surry, and Yadkin.
Court for the Middle District shall be held at Durham, Greensboro,
and Winston-Salem.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(c) The Western District comprises the counties of Alexander,
Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba,
Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell,
Jackson, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Polk,
Rutherford, Swain, Transylvania, Union, Watauga, Wilkes, and Yancey.
Court for the Western District shall be held at Asheville, Bryson
City, Charlotte, Shelby, and Statesville.
(June 25, 1948, ch. 646, 62 Stat. 886; Nov. 2, 1965, Pub. L.
89-319, 79 Stat. 1186; Oct. 15, 1980, Pub. L. 96-462, 5(a)-(c), 94
Stat. 2053, 2054; Apr. 21, 1992, Pub. L. 102-272, 106 Stat. 112.)
Based on title 28, U.S.C., 1940 ed., 179 (Mar. 3, 1911, ch. 231,
98, 36 Stat. 1120; Oct. 7, 1914, ch. 318, 38 Stat. 728; Mar. 17, 1920,
ch. 101, 1, 41 Stat. 531; June 7, 1924, ch. 359, 1, 43 Stat. 661;
Dec. 24, 1924, ch. 18, 43 Stat. 721; June 12, 1926, ch. 566, 44 Stat.
734; June 22, 1926, ch. 645, 44 Stat. 758; June 22, 1926, ch. 646, 44
Stat. 758; Mar. 2, 1927, ch. 276, 44 Stat. 1339; Apr. 25, 1928, ch.
432, 45 Stat. 457; May 10, 1928, ch. 516, 45 Stat. 495; Feb. 20, 1933,
ch. 107, 47 Stat. 859; Feb. 28, 1933, ch. 133, 47 Stat. 1350; June 28,
1935, ch. 330, 1, 2, 49 Stat. 429; June 24, 1936, ch. 744, 49 Stat.
1898; June 24, 1936, ch. 759, 49 Stat. 1910; Aug. 17, 1937, ch. 688,
50 Stat. 671).
References to civil and criminal terms at Raleigh were omitted as
more properly the subject of rule of court.
The following language at the end of section 179 of title 28, U.S.C.,
1940 ed., was omitted: ''There shall be a judge appointed for the said
middle district in the manner now provided by law who shall receive the
salary provided by law for the judges of the eastern and western
districts, and a district attorney, marshal, clerk, and other officers
in the manner and at the salary now provided by law. All causes in the
said middle district in equity, bankruptcy, or admiralty, in which
orders and decrees have already been made and which are now in process
of trial, shall continue and remain subject to the jurisdiction of the
judge of that district by whom the same shall have been made and before
whom the same shall have been partially tried and determined.''
The first sentence is superfluous in view of other sections of this
title governing the appointment and compensation of the judges, clerks
and marshals of the district courts and of district attorneys. The last
sentence is obsolete, having been enacted in 1927, and being limited to
cases affected by the creation of the middle district.
Provisions for maintenance of offices by the clerks at certain cities
were omitted. (See Reviser's Note under sections 452 and 751 of this
title.)
Provisions for furnishing rooms and accommodations at Durham,
Rockingham, and Winston-Salem were omitted as obsolete upon advice of
the Director of the Administrative Office of the United States Courts
that Federal accommodations are now available in such places.
The provisions respecting court accommodations at Bryson City and
Shelby were omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
1992 -- Subsec. (a). Pub. L. 102-272, which directed the amendment
of subsec. (a) by striking out ''Clinton,'' and ''Washington,'' and
inserting ''Greenville,'' after ''Fayetteville,'', was executed to the
second sentence to reflect the probable intent of Congress.
1980 -- Subsec. (a). Pub. L. 96-462, 5(a), added that portion of
Durham County encompassing the Federal Correctional Institution, Butner,
North Carolina to the Eastern District.
Subsec. (b). Pub. L. 96-462, 5(b), struck out references to
Alleghany, Ashe, Watauga, and Wilkes counties in the list of counties
comprising the Middle District; inserted ''(excluding that portion of
Durham County encompassing the Federal Correctional Institution, Butner,
North Carolina)'' in first sentence as the probable intent of Congress;
and struck out Rockingham, Salisbury, and Wilkesboro as places for
holding court.
Subsec. (c). Pub. L. 96-462, 5(c), added Alleghany, Ashe, Watauga,
and Wilkes counties to the Western District.
1965 -- Pub. L. 89-319 provided for holding court at Clinton.
Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to
affect the composition or preclude the service of any grand or petit
juror summoned, empaneled, or actually serving in any judicial district
on Oct. 1, 1981, see section 7 of Pub. L. 96-462, set out as a note
under section 84 of this title.
Section 5(d) of Pub. L. 96-462 provided that: ''The amendments made
by this section (amending this section) shall not apply to any action
commenced before the effective date of such amendments (Oct. 1, 1981)
and pending in any judicial district of North Carolina on such date.''
28 USC 114. North Dakota
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
North Dakota constitutes one judicial district comprising four
divisions.
(1) The Southwestern Division comprises the counties of Adams,
Billings, Bowman, Burleigh, Dunn, Emmons, Golden Valley, Grant,
Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver,
Sioux, Slope, and Stark.
Court for the Southwestern Division shall be held at Bismarck.
(2) The Southeastern Division comprises the counties of Barnes, Cass,
Dickey, Eddy, Foster, Griggs, La Moure, Ransom, Richland, Sargent,
Steele, and Stutsman.
Court for the Southeastern Division shall be held at Fargo.
(3) The Northeastern Division comprises the counties of Benson,
Cavalier, Grand Forks, Nelson, Pembina, Ramsey, Rolette, Towner, Traill,
and Walsh.
Court for the Northeastern Division shall be held at Grand Forks.
(4) The Northwestern Division comprises the counties of Bottineau,
Burke, Divide, McHenry, McKenzie, Mountrail, Pierce, Renville, Sheridan,
Ward, Wells, and Williams.
Court for the Northwestern Division shall be held at Minot.
(June 25, 1948, ch. 646, 62 Stat. 886; Oct. 2, 1978, Pub. L.
95-408, 3(b), 92 Stat. 883.)
Based on title 28, U.S.C., 1940 ed., 180 (Mar. 3, 1911, ch. 231,
99, 36 Stat. 1121; Feb. 5, 1912, ch. 28, 37 Stat. 60; July 17, 1916,
ch. 248, 39 Stat. 386; Apr. 10, 1926, ch. 112, 44 Stat. 237; June 3,
1930, ch. 394, 46 Stat. 495; June 29, 1932, ch. 305, 47 Stat. 341;
June 19, 1934, ch. 664, 48 Stat. 1120; Dec. 16, 1944, ch. 604, 58 Stat.
814).
A provision relating to maintenance of offices by the clerk was
omitted as covered by section 751 of this title.
The provision that Indian reservations shall constitute parts of the
divisions within which they are situated was omitted as surplusage.
Similar provisions, relating to reservations in South Dakota and
Washington, respectively, appeared in sections 187 and 193 of said title
28, on which sections 122 and 128 of this title are based. They were
omitted for the same reason. Such provisions did not appear in sections
respecting other States containing Indian reservations.
Jamestown and Devils Lake were omitted as places of holding court.
The Director of the Administrative Office of the United States Courts,
the district judge, and the senior circuit judge advise that court has
not been held in these places for many years.
Changes in arrangement and phraseology were made.
1978 -- Par. (2). Pub. L. 95-408, 3(b)(1), struck out Sheridan and
Wells from the counties comprising the Southeastern Division.
Par. (3). Pub. L. 95-408, 3(b)(2), struck out Bottineau, McHenry and
Pierce from the counties comprising the Northeastern Division.
Par. (4). Pub. L. 95-408, 3(b)(3), added Bottineau, McHenry, Pierce,
Sheridan and Wells to those counties comprising the Northwestern
Division.
Amendment by Pub. L. 95-408 effective 180 days after Oct. 2, 1978,
with such amendment not to affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act, see
section 5 of Pub. L. 95-408, set out as a note under section 89 of this
title.
28 USC 115. Ohio
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Ohio is divided into two judicial districts to be known as the
Northern and Southern Districts of Ohio.
28 USC Northern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Northern District comprises two divisions.
(1) The Eastern Division comprises the counties of Ashland,
Ashtabula, Carroll, Columbiana, Crawford, Cuyahoga, Geauga, Holmes,
Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit,
Trumbull, Tuscarawas, and Wayne.
Court for the Eastern Division shall be held at Cleveland,
Youngstown, and Akron.
(2) The Western Division comprises the counties of Allen, Auglaize,
Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Lucas, Marion,
Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams,
Woods, and Wyandot.
Court for the Western Division shall be held at Lima and Toledo.
28 USC Southern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Southern District comprises two divisions.
(1) The Western Division comprises the counties of Adams, Brown,
Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton,
Highland, Lawrence, Miami, Montgomery, Preble, Scioto, Shelby, and
Warren.
Court for the Western Division shall be held at Cincinnati and
Dayton.
(2) The Eastern Division comprises the counties of Athens, Belmont,
Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey,
Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison,
Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike,
Ross, Union, Vinton, and Washington.
Court for the Eastern Division shall be held at Columbus and
Steubenville.
(June 25, 1948, ch. 646, 62 Stat. 887; Feb. 10, 1954, ch. 6,
2(b)(9), 68 Stat. 11.)
Based on title 28, U.S.C., 1940 ed., 181 (Mar. 3, 1911, ch. 231,
100, 36 Stat. 1121; Mar. 4, 1915, ch. 159, 38 Stat. 1187; Feb. 14,
1923, ch. 78, 42 Stat. 1246).
Other provisions of said section 181 of title 28, U.S.C., 1940 ed.,
are incorporated in section 1865 of this title.
Provisions relating to the place of institution or trial of
prosecutions and civil actions and transfer thereof were omitted. Such
provisions, as to civil cases, are covered by section 1391 et seq. of
this title, and as to criminal cases, are rendered unnecessary because
of inherent power of the court and Rules 18-20 of the Federal Rules of
Criminal Procedure relating to venue.
The provision respecting court accommodations at Lima was omitted as
covered by section 142 of this title.
Changes were made in arrangement and phraseology.
1954 -- Subsec. (a)(1). Act Feb. 10, 1954, provided for holding
court at Akron.
28 USC 116. Oklahoma
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Oklahoma is divided into three judicial districts to be known as the
Northern, Eastern, and Western Districts of Oklahoma.
28 USC Northern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Northern District comprises the counties of Craig, Creek,
Delaware, Mayes, Nowata, Osage, Ottawa, Pawnee, Rogers, Tulsa, and
Washington.
Court for the Northern District shall be held at Bartlesville, Miami,
Pawhuska, Tulsa, and Vinita.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Eastern District comprises the counties of Adair, Atoka,
Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston,
Latimer Le Flore Love, McCurtain, McIntosh, Marshall, Murray, Muskogee,
Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pushmataha, Seminole, Sequoyah,
and Wagoner.
Court for the Eastern District shall be held at Ada, Ardmore, Durant,
Hugo, Muskogee, Okmulgee, Poteau, and S. McAlester.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(c) The Western District comprises the counties of Alfalfa, Beaver,
Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton,
Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon,
Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Lincoln, Logan,
McClain, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills,
Stephens, Texas, Tillman, Washita, Woods, and Woodward.
Court for the Western District shall be held at Chickasha, Enid,
Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City,
Shawnee, and Woodward.
(June 25, 1948, ch. 646, 62 Stat. 887; Aug. 4, 1966, Pub. L.
89-526, 1, 80 Stat. 335.)
Based on title 28, U.S.C., 1940 ed., 182, 182a (Mar. 3, 1911, ch.
231, 101, 36 Stat. 1122; Feb. 20, 1917, ch. 102, 39 Stat. 927; June
13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40 Stat. 1184;
June 5, 1924, ch. 259, 43 Stat. 387; Jan. 10, 1925, chs. 68, 69, 43
Stat. 730, 731; Feb. 16, 1925, ch. 233, 1, 43 Stat. 945; May 7, 1926,
ch. 255, 44 Stat. 408; Apr. 21, 1928, ch. 395, 45 Stat. 440; Mar. 2,
1929, ch. 539, 45 Stat. 1518; June 28, 1930, ch. 714, 46 Stat. 829;
May 13, 1936, ch. 386, 49 Stat. 1271; Aug. 12, 1937, ch. 595, 50 Stat.
625).
Provisions for furnishing rooms and accommodations at Ada,
Bartlesville, Mangum, Miami, Okmulgee, and Ponca City were omitted as
obsolete, on advice of the Director of the Administrative Office of the
United States Courts that Federal accommodations are now available at
such places.
A provision making inoperative the requirement for furnishing court
accommodations without cost to the United States whenever the same shall
be provided in federal buildings at Shawnee, was omitted as unnecessary.
When such buildings become available the Director will, under section
604 of this title, provide court accommodations therein.
A provision for adjournment of any term by an order made in chambers,
is incorporated in section 140 of this title.
Provisions relating to maintenance of offices by the clerks were
omitted as covered by section 751 of this title.
The provisions respecting court accommodations at Durant, Hugo,
Poteau, Pauls Valley, Pawhuska, and Shawnee were omitted as covered by
section 142 of this title.
Changes in arrangement and phraseology were made.
1966 -- Pub. L. 89-526 transferred from the Eastern District in
subsec. (b) to the Western District in subsec. (c) the counties of
Garvin, Grady, Jefferson, McClain, and Stephens and the places for
holding court at Chickasha and Pauls Valley.
Section 2 of Pub. L. 89-526 provided that: ''The amendments made by
this Act (amending this section) shall take effect on the sixtieth day
after the date of enactment of this Act (Aug. 4, 1966).''
28 USC 117. Oregon
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Oregon constitutes one judicial district.
Court shall be held at Coquille, Eugene, Klamath Falls, Medford,
Pendleton, and Portland.
(June 25, 1948, ch. 646, 62 Stat. 888; Aug. 3, 1950, ch. 514, 64
Stat. 393; June 2, 1970, Pub. L. 91-272, 7, 84 Stat. 297.)
Based on title 28, U.S.C., 1940 ed., 183 (Mar. 3, 1911, ch. 231,
102, 36 Stat. 1122; Nov. 6, 1945, ch. 447, 59 Stat. 555).
Provisions relating to appointment and residence of deputies by the
clerk and marshal, and maintenance of offices by said officers, were
omitted as covered by sections 541 (see 561), 542 (see 561), and 751 of
this title.
Changes in arrangement and phraseology were made.
1970 -- Pub. L. 91-272 provided for holding court at Coquille.
1950 -- Act Aug. 3, 1950, provided for holding court at Eugene.
28 USC 118. Pennsylvania
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Pennsylvania is divided into three judicial districts to be known as
the Eastern, Middle, and Western Districts of Pennsylvania.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Eastern District comprises the counties of Berks, Bucks,
Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton,
Philadelphia, and Schuylkill.
Court for the Eastern District shall be held at Allentown, Easton,
Lancaster, Reading, and Philadelphia.
28 USC Middle District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Middle District comprises the counties of Adams, Bradford,
Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin,
Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne,
Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter,
Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York.
Court for the Middle District shall be held at Harrisburg, Lewisburg,
Scranton, Wilkes-Barre, and Williamsport.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(c) The Western District comprises the counties of Allegheny,
Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield,
Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson,
Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and
Westmoreland.
Court for the Western District shall be held at Erie, Johnstown, and
Pittsburgh.
(June 25, 1948, ch. 646, 62 Stat. 888; June 2, 1970, Pub. L.
91-272, 6, 84 Stat. 297; Nov. 2, 1978, Pub. L. 95-573, 4, 92 Stat.
2458; Oct. 6, 1992, Pub. L. 102-396, title IX, 9161, 106 Stat. 1947.)
Based on title 28, U.S.C., 1940 ed., 184 (Mar. 3, 1911, ch. 231,
103, 36 Stat. 1123; Mar. 3, 1913, ch. 113, 37 Stat. 730; June 6, 1914,
ch. 104, 38 Stat. 385; Sept. 9, 1914, ch. 296, 38 Stat. 713; Apr. 26,
1926, ch. 185, 44 Stat. 324; June 27, 1930, ch. 634, 46 Stat. 820;
Aug. 3, 1935, ch. 433, 49 Stat. 514; May 13, 1936, ch. 385, 49 Stat.
1271; June 13, 1938, ch. 351, 52 Stat. 674; Mar. 5, 1942, ch. 143, 56
Stat. 132).
Provisions relating to maintenance of offices at certain places by
the clerks and marshals were omitted as covered by sections 541 (see
561) and 751 of this title.
Provisions for the continuance of terms were omitted as covered by
section 139 of this title.
Provisions with respect to the return of process, and the places of
keeping court papers, were omitted as matters for determination by rule
of court or for the action of the judicial council in cooperation with
the Administrative Office of the United States Courts.
The provisions for trial of cases at Lewisburg and Erie unless
counsel consent to trial elsewhere were omitted as inconsistent with the
uniform practice provided by this title.
Changes were made in phraseology and arrangement.
By Senate amendment to the bill, Blair County was transferred from
the Middle District to the Western District of Pennsylvania. This was
in conformity with Act July 11, 1947, ch. 224, 61 Stat. 310, which so
amended section 184 of title 28, U.S.C., 1940 ed., the source of this
section. See 80th Congress Senate Report No. 1559.
1992 -- Subsec. (a). Pub. L. 102-396 inserted ''Lancaster,'' before
''Reading''.
1978 -- Subsec. (c). Pub. L. 95-573 provided for holding court at
Johnstown.
1970 -- Subsec. (a). Pub. L. 91-272 provided for holding court at
Allentown and Reading.
28 USC 119. Puerto Rico
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Puerto Rico constitutes one judicial district.
Court shall be held at Mayaguez, Ponce, and San Juan.
(June 25, 1948, ch. 646, 62 Stat. 889.)
Based on sections 863 and 864 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions (Apr. 12, 1900, ch. 191, 34, 35,
31 Stat. 84, 85; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2, 1917, ch.
145, 41, 42, 39 Stat. 965, 966; Mar. 4, 1921, ch. 161, 1, 41 Stat.
1412; Feb. 13, 1925, ch. 229, 1, 13, 43 Stat. 936, 942; Dec. 13,
1926, ch. 6, 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, 1, 45 Stat. 54;
May 17, 1932, ch. 190, 47 Stat. 158; Mar. 26, 1938, ch. 51, 2, 52
Stat. 118).
Section consolidates parts of sections 863 and 864 of title 48,
U.S.C., 1940 ed., with changes in phraseology necessary to effect
consolidation.
The provision of sections 863 of title 48, U.S.C., 1940 ed., for
appointment of a district judge is incorporated in section 133 of this
title; for tenure, in section 134 of this title, and for salary was
omitted as covered by section 135 of this title.
The provisions of section 863 of title 48, U.S.C., 1940 ed., for
appointment and tenure of United States attorneys and marshals are
incorporated in sections 501 (now 541), 504 (now 541 to 544), and 541
(see 561) of this title.
The provisions of section 863 of title 48, U.S.C., 1940 ed., for
appointment of United States Commissioners and other court officers are
incorporated in sections 631 and 751 of this title.
The provision of section 864 of title 48, U.S.C., 1940 ed., as to the
holding of regular and special terms of court was omitted as covered by
sections 138 and 141 of this title.
The provision of section 864 of title 48, U.S.C., 1940 ed., that the
district court shall be attached to the first circuit is incorporated in
section 41 of this title.
The provision of section 864 of title 48, U.S.C., 1940 ed., for
appeals to the circuit court of appeals is incorporated in section 1295
of this title.
Other provisions of sections 863 and 864 of title 48, U.S.C., 1940
ed., are retained in title 48.
28 USC 120. Rhode Island
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Rhode Island constitutes one judicial district.
Court shall be held at Providence.
(June 25, 1948, ch. 646, 62 Stat. 889.)
Based on title 28, U.S.C., 1940 ed., 185 (Mar. 3, 1911, ch. 231,
104, 36 Stat. 1123; Feb. 1, 1912, ch. 27, 37 Stat. 59).
Changes in phraseology were made.
28 USC 121. South Carolina
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
South Carolina constitutes one judicial district comprising eleven
divisions.
(1) The Charleston Division comprises the counties of Berkeley,
Charleston, Clarendon, Colleton, Dorchester, and Georgetown.
Court for the Charleston Division shall be held at Charleston.
(2) The Columbia Division comprises the counties of Kershaw, Lee,
Lexington, Richland, and Sumter.
Court for the Columbia Division shall be held at Columbia.
(3) The Florence Division comprises the counties of Chesterfield,
Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg.
Court for the Florence Division shall be held at Florence.
(4) The Aiken Division comprises the counties of Aiken, Allendale,
and Barnwell.
Court for the Aiken Division shall be held at Aiken.
(5) The Orangeburg Division comprises the counties of Bamberg,
Calhoun, and Orangeburg.
Court for the Orangeburg Division shall be held at Orangeburg.
(6) The Greenville Division comprises the counties of Greenville and
Laurens.
Court for the Greenville Division shall be held at Greenville.
(7) The Rock Hill Division comprises the counties of Chester,
Fairfield, Lancaster, and York.
Court for the Rock Hill Division shall be held at Rock Hill.
(8) The Greenwood Division comprises the counties of Abbeville,
Edgefield, Greenwood, McCormick, Newberry, and Saluda.
Court for the Greenwood Division shall be held at Greenwood.
(9) The Anderson Division comprises the counties of Anderson, Oconee,
and Pickens.
Court for the Anderson Division shall be held at Anderson.
(10) The Spartanburg Division comprises the counties of Cherokee,
Spartanburg, and Union.
Court for the Spartanburg Division shall be held at Spartanburg.
(11) The Beaufort Division comprises the counties of Beaufort,
Hampton, and Jasper.
Court for the Beaufort Division shall be held at Beaufort.
(June 25, 1948, ch. 646, 62 Stat. 889; Oct. 7, 1965, Pub. L.
89-242, 1(a), 79 Stat. 951; Nov. 14, 1986, Pub. L. 99-657, 2, 100
Stat. 3670; Oct. 28, 1991, Pub. L. 102-140, title III, 304, 105 Stat.
810.)
Based on title 28, U.S.C., 1940 ed., 186 (Mar. 3, 1911, ch. 231,
105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60; Mar. 3, 1915,
ch. 100, 5, 38 Stat. 961; Sept. 1, 1916, ch. 434, 39 Stat. 721; Mar.
4, 1923, ch. 261, 42 Stat. 1486; Jan. 30, 1925, ch. 118, 43 Stat. 800;
June 26, 1926, ch. 696, 1-3, 44 Stat. 773; June 20, 1936, ch. 637,
1-3, 49 Stat. 1558, 1559; June 12, 1940, ch. 335, 54 Stat. 344; June
28, 1943, ch. 173, title II, 204, 57 Stat. 244; Dec. 13, 1944, ch.
556, 58 Stat. 801).
The last sentence of section 186 of title 28, U.S.C., 1940 ed.,
relating to trial of criminal cases in the division in which the offense
was committed, was omitted as fully covered by Rules 18-22 of the
Federal Rules of Criminal Procedure.
A provision relating to the places of the clerks' offices was omitted
as covered by section 751 of this title.
The provision respecting court accommodations at Orangeburg was
omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
1991 -- Par. (4). Pub. L. 102-140, 304(1), struck out reference to
Hampton County.
Par. (11). Pub. L. 102-140, 304(2), inserted reference to Hampton
County.
1986 -- Pub. L. 99-657, 2(1), substituted ''eleven divisions'' for
''ten divisions'' in introductory text.
Par. (1). Pub. L. 99-657, 2(2), struck out ''Beaufort,'' after
''counties of'' and substituted ''and Georgetown'' for ''Georgetown, and
Jasper''.
Par. (11). Pub. L. 99-657, 2(3), added par. (11).
1965 -- Pub. L. 89-242 consolidated into a single district the 10
divisions of the state which had formerly been divided into an Eastern
and a Western District.
Section 4 of Pub. L. 99-657 provided that:
''(a) Effective Date. -- (1) The amendments made by sections 2 and 3
(amending this section and section 90 of this title) take effect 90 days
after the date of the enactment of this Act (Nov. 14, 1986).
''(2) The amendment made by section 4 (enacting this note) takes
effect on the date of the enactment of this Act.
''(b) Pending Actions. -- The amendments made by this Act (amending
this section and section 90 of this title) shall not affect any action
commenced before the effective date of such amendments and pending on
such date.
''(c) Juries. -- The amendments made by this Act (amending this
section and section 90 of this title) shall not affect the composition,
or preclude the service, of any grand or petit jury summoned, empaneled,
or actually serving on the effective date of such amendments.''
Section 6 of Pub. L. 89-242 provided that: ''The provisions of this
Act (amending this section and section 133 of this title and enacting
provisions set out as notes under this section) shall become effective
on the first day of the month following the date of enactment of this
Act (Oct. 7, 1965).''
Sections 2 to 5 of Pub. L. 89-242 provided for the consolidation, in
compliance with section 132 of this title, of the Eastern and Western
Districts of South Carolina into a single district with continuing
jurisdiction over civil cases and criminal acts pending or committed
prior to Nov. 1, 1965, and appropriate provisions for the appointment
or transfer of United States attorneys, marshalls, and other court
personnel, then serving, from the two districts to the consolidated
district.
28 USC 122. South Dakota
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
South Dakota constitutes one judicial district comprising four
divisions.
(1) The Northern Division comprises the counties of Brown, Campbell,
Clark, Codington, Corson, Day, Deuel, Edmonds, Grant, Hamlin, McPherson,
Marshall, Roberts, Spink, and Walworth.
Court for the Northern Division shall be held at Aberdeen.
(2) The Southern Division comprises the counties of Aurora, Beadle,
Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas,
Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha,
Moody, Sanborn, Turner, Union, and Yankton.
Court for the Southern Division shall be held at Sioux Falls.
(3) The central division comprises the counties of Buffalo, Dewey,
Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman,
Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach.
Court for the Central Division shall be held at Pierre.
(4) The Western Division comprises the counties of Bennett, Butte,
Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington,
Perkins, and Shannon.
Court for the Western Division shall be held at Deadwood and Rapid
City.
(June 25, 1948, ch. 646, 62 Stat. 889; Oct. 10, 1966, Pub. L.
89-638, 80 Stat. 883; Aug. 10, 1972, Pub. L. 92-376, 86 Stat. 529;
Dec. 1, 1990, Pub. L. 101-650, title III, 324(b), 104 Stat. 5120.)
Based on title 28, U.S.C., 1940 ed., 187 (Mar. 3, 1911, ch. 231,
106, 36 Stat. 1123; June 11, 1932, ch. 242, 47 Stat. 300).
A provision relating to maintenance of offices by the clerk was
omitted as covered by sections 452 and 751 of this title.
Provisions that the Northern Division included Lake Traverse Indian
Reservation and that part of Standing Rock Indian Reservation lying in
South Dakota; that the Southern Division included the Yorkton Indian
Reservation; that the Central Division included the Cheyenne River,
Lower Brule, and Crow Creek Indian Reservations; and that the Western
Division included Rosebud and Pine Ridge Indian Reservations, were all
omitted as surplusage. (See Reviser's Note under section 114 of this
title.)
Changes in arrangement and phraseology were made.
1990 -- Par. (3). Pub. L. 101-650, 324(b)(1), struck out
''Jackson,'' after ''Hyde,''.
Par. (4). Pub. L. 101-650, 324(b)(2), inserted ''Jackson,'' after
''Harding,'' and substituted ''and Shannon'' for ''Shannon, Washabaugh,
and Washington''.
1972 -- Par. (2). Pub. L. 92-376, 1(a), removed Gregory County from
the Southern Division.
Par. (3). Pub. L. 92-376, 1(b), added Gregory, Mellette, Todd, and
Tripp counties to the Central Division and removed Armstrong county from
the Central Division.
Par. (4). Pub. L. 92-376, 1(c), removed Mellette, Todd, and Tripp
counties from the Western Division.
1966 -- Pub. L. 89-638 provided for holding court at Rapid City.
28 USC 123. Tennessee
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Tennessee is divided into three judicial districts to be known as the
Eastern, Middle, and Western Districts of Tennessee.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Eastern District comprises four divisions.
(1) The Northern Division comprises the counties of Anderson, Blount,
Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan,
Roane, Scott, Sevier, and Union.
Court for the Northern Division shall be held at Knoxville.
(2) The Northeastern Division comprises the counties of Carter,
Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and
Washington.
Court for the Northeastern Division shall be held at Greenville.
(3) The Southern Division comprises the counties of Bledsoe, Bradley,
Hamilton, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie.
Court for the Southern Division shall be held at Chattanooga.
(4) The Winchester Division comprises the counties of Bedford,
Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren, and Warren.
Court for the Winchester Division shall be held at Winchester.
28 USC Middle District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Middle District comprises three divisions.
(1) The Nashville Division comprises the counties of Cannon,
Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson,
Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson.
Court for the Nashville Division shall be held at Nashville.
(2) The Northeastern Division comprises the counties of Clay,
Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam,
Smith, and White.
Court for the Northeastern Division shall be held at Cookeville.
(3) The Columbia Division comprises the counties of Giles, Hickman,
Lawrence, Lewis, Marshall, Maury, and Wayne.
Court for the Columbia Division shall be held at Columbia.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(c) The Western District comprises two divisions.
(1) The Eastern Division comprises the counties of Benton, Carroll,
Chester, Crockett, Decatur, Gibson, Hardeman, Hardin, Haywood,
Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley.
The Eastern Division also includes the waters of Tennessee River to
low-water mark on the eastern shore wherever such river forms the
boundary between the western and middle districts from the north line of
Alabama north to the point in Henry County, Tennessee, where the south
boundary of Kentucky strikes the east bank of the river.
Court for the Eastern Division shall be held at Jackson.
(2) The Western Division comprises the counties of Dyer, Fayette,
Lauderdale, Shelby, and Tipton.
Court for the Western Division shall be held at Memphis and
Dyersburg.
The district judge for the Eastern District in office on November 27,
1940, shall hold court in the Northern and Northeastern Divisions. The
other judge of that district shall hold the terms of court in the
Southern and Winchester Divisions. Each may appoint and remove all
officers and employees of the court whose official headquarters are
located in the divisions within which he holds court and whose
appointments are vested by law in a district judge or chief judge of a
district.
(June 25, 1948, ch. 646, 62 Stat. 890; May 19, 1961, Pub. L. 87-36,
3(e), 75 Stat. 83; July 11, 1961, Pub. L. 87-86, 75 Stat. 203; June
2, 1970, Pub. L. 91-272, 12, 84 Stat. 298.)
Based on title 28, U.S.C., 1940 ed., 188 (Mar. 3, 1911, ch. 231,
107, 36 Stat. 1124; Aug. 20, 1912, ch. 306, 37 Stat. 314; June 22,
1916, ch. 161, 39 Stat. 232; Mar. 4, 1923, ch. 289, 42 Stat. 1520; May
17, 1926, ch. 310, 44 Stat. 561; Mar. 1, 1927, ch. 244, 44 Stat. 1262;
May 13, 1932, ch. 179, 47 Stat. 153; June 16, 1933, ch. 94, 48 Stat.
253; July 30, 1937, ch. 539, 50 Stat. 546; June 12, 1940, ch. 341, 54
Stat. 348; Nov. 27, 1940, ch. 920, 1, 54 Stat. 1216; Dec. 3, 1943,
ch. 332, 57 Stat. 595).
Words ''The said judge shall possess the same powers, perform the
same duties, and receive the same compensation as other district
judges,'' and words, ''The President is authorized to appoint, by and
with the consent of the Senate, a successor or successors to said judge
as vacancies may occur. Nothing herein contained shall be construed to
prevent said judge or his successors from becoming the senior district
judge by succession, or from exercising the powers and rights of senior
district judge of said district. The judge designated herein to hold
regular and special terms of court at Winchester and Chattanooga shall
make all necessary orders for the disposition of business and assignment
of cases for trial in said divisions,'' were deleted as superfluous, in
view of sections 132 and 141 of this title.
Words ''The district attorneys and marshals for the eastern, middle,
and western districts of Tennessee in office immediately prior to
November 27, 1940, shall be during the remainder of their present terms
of office the district attorneys and marshals for such districts as
constituted by this section. The district judge for the middle district
of Tennessee shall be the district judge for the middle district of
Tennessee as constituted by this section and shall hold regular and
special terms of court at Nashville, Columbia, and Cookeville. The
district judge for the western district of Tennessee shall hold regular
and special terms of court at Memphis and Jackson,'' at the end of the
section, were deleted as temporary, and as superfluous, in view of the
remainder of the section, prescribing the places for holding terms of
court.
A provision for furnishing rooms and accommodations by the local
authorities for holding court at Columbia ''but only until such time as
such accommodations shall be provided upon the recommendation of the
Director of the Administrative Office of the United States Courts in a
public building or other quarters provided by the Federal Government for
such purpose,'' was omitted on advice of the Director of the
Administrative Office of the United States Courts that Federal
accommodations are now available.
An identical provision with reference to Winchester is retained in
part, but the words quoted above were omitted as unnecessary since, when
such buildings become available, the Director will, under section 604 of
this title, provide court accommodations therein.
The last paragraph of the revised section consolidates the provisions
of paragraphs (e) and (f) of section 188 of title 28, U.S.C., 1940 ed.,
relating to the terms of court to be held in the two divisions of the
eastern district by the two judges, and their respective powers of
appointment of court officers and employees.
Provisions relating to appointment and residence of deputy marshals
and maintenance of clerk's office, were omitted as covered by sections
542 (see 561) and 751 of this title.
The clerk of court in a letter dated February 7, 1945, calls
attention to a rule of court providing for hearing of all bankruptcy
matters arising in Haywood County at Jackson in the eastern division of
the western district.
The provision respecting court accommodations at Winchester was
omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
1970 -- Subsec. (c)(1). Pub. L. 91-272, 12(a), added Haywood County
to the enumeration of counties comprising the Eastern Division of the
Western District.
Subsec. (c)(2). Pub. L. 91-272, 12(b), struck out Haywood County
from the enumeration of counties comprising the Western Division of the
Western District.
1961 -- Subsec. (c)(2). Pub. L. 87-36, as amended by Pub. L.
87-86, provided for holding court at Dyersburg.
28 USC 124. Texas
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Texas is divided into four judicial districts to be known as the
Northern, Southern, Eastern, and Western Districts of Texas.
28 USC Northern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Northern District comprises seven divisions.
(1) The Dallas Division comprises the counties of Dallas, Ellis,
Hunt, Johnson, Kaufman, Navarro, and Rockwall.
Court for the Dallas Division shall be held at Dallas.
(2) The Fort Worth Division comprises the counties of Comanche,
Erath, Hood, Jack, Palo Pinto, Parker, Tarrant, and Wise.
Court for the Fort Worth Division shall be held at Fort Worth.
(3) The Abilene Division comprises the counties of Callahan,
Eastland, Fisher, Haskell, Howard, Jones, Mitchell, Nolan, Shackleford,
Stephens, Stonewall, Taylor, and Throckmorton.
Court for the Abilene Division shall be held at Abilene.
(4) The San Angelo Division comprises the counties of Brown, Coke,
Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Reagan,
Runnels, Schleicher, Sterling, Sutton, and Tom Green.
Court for the San Angelo Division shall be held at San Angelo.
(5) The Amarillo Division comprises the counties of Armstrong,
Brisco, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith,
Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb,
Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman,
Swisher, and Wheeler.
Court for the Amarillo Division shall be held at Amarillo.
(6) The Wichita Falls Division comprises the counties of Archer,
Baylor, Clay, Cottle, Foard, Hardeman, King, Knox, Montague, Wichita,
Wilbarger, and Young.
Court for the Wichita Falls Division shall be held at Wichita Falls.
(7) The Lubbock Division comprises the counties of Bailey, Borden,
Cochran, Crosby, Dawson, Dickens, Floyd, Gaines, Garza, Hale, Hockley,
Kent, Lamb, Lubbock, Lynn, Motley, Scurry, Terry, and Yoakum.
Court for the Lubbock Division shall be held at Lubbock.
28 USC Southern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Southern District comprises seven divisions.
(1) The Galveston Division comprises the counties of Brazoria,
Chambers, Galveston, and Matagorda.
Court for the Galveston Division shall be held at Galveston.
(2) The Houston Division comprises the counties of Austin, Brazos,
Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San
Jacinto, Walker, Waller, and Wharton.
Court for the Houston Division shall be held at Houston.
(3) The Laredo Division comprises the counties of Jim Hogg, La Salle,
McMullen, Webb, and Zapata.
Court for the Laredo Division shall be held at Laredo.
(4) The Brownsville Division comprises the counties of Cameron and
Willacy.
Court for the Brownsville Division shall be held at Brownsville.
(5) The Victoria Division comprises the counties of Calhoun, DeWitt,
Goliad, Jackson, Lavaca, Refugio, and Victoria.
Court for the Victoria Division shall be held at Victoria.
(6) The Corpus Christi Division comprises the counties of Aransas,
Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, Nueces, and
San Patricio.
Court for the Corpus Christi Division shall be held at Corpus
Christi.
(7) The McAllen Division comprises the counties of Hidalgo and Starr.
Court for the McAllen Division shall be held at McAllen.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(c) The Eastern District comprises seven divisions.
(1) The Tyler Division comprises the counties of Anderson, Cherokee,
Gregg, Henderson, Panola, Rains, Rusk, Smith, Van Zandt, and Wood.
Court for Tyler Division will be held at Tyler.
(2) The Beaumont Division comprises the counties of Hardin, Jasper,
Jefferson, Liberty, Newton, and Orange.
Court for the Beaumont Division is to be held at Beaumont.
(3) The Sherman Division comprises the counties of Collin, Cook,
Denton, and Grayson.
Court for the Sherman Division shall be held at Sherman.
(4) The Paris Division comprises the counties of Delta, Fannin,
Hopkins, Lamar, and Red River.
Court for the Paris Division shall be held at Paris.
(5) The Marshall Division comprises the counties of Camp, Cass,
Harrison, Marion, Morris, and Upshur.
Court for the Marshall Division shall be held at Marshall.
(6) The Texarkana Division comprises the counties of Bowie, Franklin,
and Titus.
Court for the Texarkana Division shall be held at Texarkana.
(7) The Lufkin Division comprises the counties of Angelina, Houston,
Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler.
Court for the Lufkin Division shall be held at Lufkin.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(d) The Western District comprises seven divisions.
(1) The Austin Division comprises the counties of Bastrop, Blanco,
Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee,
Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson.
Court for the Austin Division shall be held at Austin.
(2) The Waco Division comprises the counties of Bell, Bosque,
Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan,
Milam, Robertson, and Somervell.
Court for the Waco Division shall be held at Waco.
(3) The El Paso Division comprises the county of El Paso.
Court for the El Paso Division shall be held at El Paso.
(4) The San Antonio Division comprises the counties of Atascosa,
Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes,
Kendall, Kerr, Medina, Real, and Wilson.
Court for the San Antonio Division shall be held at San Antonio.
(5) The Del Rio Division comprises the counties of Edwards, Kinney,
Maverick, Terrell, Uvalde, Val Verde, and Zavalla.
Court for the Del Rio Division shall be held at Del Rio.
(6) The Pecos Division comprises the counties of Brewster, Culberson,
Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Ward and Winkler.
Court for the Pecos Division shall be held at Pecos.
(7) The Midland-Odessa, Division comprises the counties of Andrews,
Crane, Ector, Martin, Midland, and Upton.
Court for the Midland-Odessa Division shall be held at Midland.
Court may be held, in the discretion of the court, in Odessa, when
courtroom facilities are made available at no expense to the Government.
(June 25, 1948, ch. 646, 62 Stat. 891; Feb. 10, 1954, ch. 6,
2(b)(9)(a), (b), 68 Stat. 11; Sept. 4, 1957, Pub. L. 85-298, 1, 2, 71
Stat. 618; Oct. 4, 1961, Pub. L. 87-352, 75 Stat. 772; Mar. 11, 1964,
Pub. L. 88-282, 78 Stat. 163; Aug. 30, 1964, Pub. L. 88-512, 78 Stat.
695; Dec. 18, 1967, Pub. L. 90-216, 81 Stat. 661; Oct. 15, 1980, Pub.
L. 96-462, 6, 94 Stat. 2054; Nov. 8, 1984, Pub. L. 98-620, title IV,
407(a), 98 Stat. 3362.)
Based on title 28, U.S.C., 1940 ed., 189 (Mar. 3, 1911, ch. 231,
108, 36 Stat. 1125; May 29, 1912, ch. 144, 37 Stat. 120; Feb. 5, 1913,
ch. 28, 1, 2, 37 Stat. 663; Feb. 26, 1917, ch. 122, 39 Stat. 939;
Mar. 1, 1919, ch. 87, 40 Stat. 1270; Mar. 2, 1923, ch. 172, 1, 2, 42
Stat. 1373; Apr. 3, 1924, ch. 82, 43 Stat. 64; May 29, 1924, ch. 211,
1, 2, 43 Stat. 244; May 26, 1928, ch. 752, 1, 45 Stat. 747; June 6,
1930, ch. 408, 46 Stat. 521; June 24, 1930, ch. 596, 46 Stat. 807;
Feb. 20, 1932, ch. 51, 47 Stat. 52; July 25, 1939, ch. 356, 1, 53
Stat. 1082; June 6, 1940, ch. 252, 54 Stat. 241.)
Words ''and all prosecutions against persons for offenses committed
in the county of Reagan shall be tried in the court at San Angelo:
Provided, That no civil or criminal cause begun and pending prior to May
29, 1924, shall be in any way affected,'' words ''and all prosecutions
against persons for offenses committed in the county of Pecos shall be
tried in the district court at El Paso, or Pecos City: Provided, That
no civil or criminal cause begun and pending prior to March 2, 1923,
shall be in any way affected,'' and words ''Provided, That no civil or
criminal cause commenced prior to June 24, 1930, shall be in any way
affected,'' were all deleted as superseded by Federal Rules of Criminal
Procedure, Rules 18-22, and as obsolete, in view of the lapse of time
after the dates included in such provisions.
Provisions for furnishing rooms and accommodations at Pecos and
Wichita Falls were omitted as obsolete, on advice of the Director of the
Administrative Office of the United States Courts that Federal
accommodations are now available at such places.
Provisions relating to the maintenance of offices at various cities
by the clerks were omitted as covered by sections 452 and 751 of this
title.
Provisions that process against residents of Pecos County shall issue
from and be returnable to the court at Pecos City and against residents
of Reagan County at San Angelo, were omitted since such matter can be
regulated more appropriately by court rule or order. (See Rule 4 of
Federal Rules of Civil Procedure.)
The provisions requiring notice to be given for time of holding court
in Pecos division and at Corpus Christi, were omitted as covered by
section 141 of this title.
Five counties included in this section were created since the
enactment of section 189 of title 28. These were Kleberg County and
Kenedy County of the Corpus Christi division of the southern district,
Culberson County and Hudspeth County of the El Paso division of the
western district, and Real County of the San Antonio division of the
western district. Pecos County is included in the Pecos division and
omitted from the El Paso division of the western district to conform to
the practice of the court.
Changes in arrangement and phraseology were made.
1984 -- Subsec. (b). Pub. L. 98-620, 407(a)(1), substituted
''seven'' for ''six'' in provisions preceding par. (1).
Subsec. (b)(4). Pub. L. 98-620, 407(a)(2), struck out references to
Hidalgo and Starr counties from the counties comprising the Brownsville
Division of the Southern District.
Subsec. (b)(7). Pub. L. 98-620, 407(a)(3), added par. (7).
1980 -- Subsec. (b)(2). Pub. L. 96-462, 6(a), struck out references
to Polk and Trinity counties in list of counties comprising Houston
Division of Southern District.
Subsec. (c). Pub. L. 96-462, 6(b), in provisions preceding par. (1)
substituted ''seven'' for ''six''; in par. (1) struck out references
to Angelina, Houston, Nacogdoches, and Shelby counties in list of
counties comprising Tyler Division of Eastern District; in par. (2)
struck out references to Sabine, San Augustine, and Tyler counties in
list of counties comprising Beaumont Division of Eastern District; and
added par. (7).
1967 -- Subsec. (d). Pub. L. 90-216, 1(4), enlarged from six to
seven the number of divisions comprising Western District.
Subsec. (d)(3). Pub. L. 90-216, 1(1), transferred counties of
Brewster, Culberson, Hudspeth, and Presidio from El Paso Division to
Pecos Division.
Subsec. (d)(6). Pub. L. 90-216, 1(2), added counties of Brewster,
Culberson, Hudspeth, and Presidio to Pecos Division from El Paso
Division, and transferred counties of Andrews, Crane, Ector, Martin,
Midland, and Upton from Pecos Division to Midland-Odessa Division.
Subsec. (d)(7). Pub. L. 90-216, 1(3), added par. (7), which created
Midland-Odessa Division, comprised of counties of Andrews, Crane, Ector,
Martin, Midland, and Upton, transferred from Pecos Division.
1964 -- Subsec. (b)(1). Pub. L. 88-282, 1(a), struck out Austin,
Fort Bend, and Wharton counties from list comprising Galveston Division.
Subsec. (b)(2). Pub. L. 88-282, 1(b), added Austin, Fort Bend, and
Wharton counties to list comprising Houston Division.
Subsec. (c)(4). Pub. L. 88-512, 1(a), added county of Hopkins to
Paris Division.
Subsec. (c)(5). Pub. L. 88-512, 1(b), struck out county of Hopkins
from Marshall Division.
1961 -- Subsec. (c)(5). Pub. L. 87-352 changed the name of Division
from Jefferson to Marshall, and provided for holding court at Marshall.
1957 -- Subsec. (c)(1). Pub. L. 85-298, 2, inserted Shelby County
in list of counties comprising Tyler Division.
Subsec. (c)(2). Pub. L. 85-298, 1, struck out Shelby County from
list of counties comprising Beaumont Division.
1954 -- Subsec. (d)(4). Act Feb. 10, 1954, 2(b)(9)(a), struck out
Edwards County from list of counties comprising San Antonio Division of
Western District.
Subsec. (d)(5). Act Feb. 10, 1954, 2(b)(9)(b), inserted Edwards
County in list of counties comprising Del Rio Division of Western
District.
Section 407(b) of Pub. L. 98-620 provided that: ''The amendments
made by subsection (a) of this section (amending this section) shall
apply to any action commenced in the United States District Court for
the Southern District of Texas on or after the effective date of this
subtitle (Jan. 1, 1985), and shall not affect any action pending in such
court on such effective date.''
Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on that date, see section
411 of Pub. L. 98-620, set out as a note under section 85 of this
title.
Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to
affect the composition or preclude the service of any grand or petit
juror summoned, empaneled, or actually serving in any judicial district
on Oct. 1, 1981, see section 7 of Pub. L. 96-462, set out as a note
under section 84 of this title.
28 USC 125. Utah
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Utah constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Box Elder, Cache,
Davis, Morgan, Rich, and Weber.
Court for the Northern Division shall be held at Ogden.
(2) The Central Division comprises the counties of Beaver, Carbon,
Daggett, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard,
Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah,
Utah, Wasatch, Washington, and Wayne.
Court for the Central Division shall be held at Salt Lake City.
(June 25, 1948, ch. 646, 62 Stat. 893.)
Based on title 28, U.S.C., 1940 ed., 190 (Mar. 3, 1911, ch. 231,
109, 36 Stat. 1127).
A provision relating to the maintenance of offices by the clerk was
omitted as covered by section 751 of this title.
Changes in arrangement and phraseology were made.
28 USC 126. Vermont
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Vermont constitutes one judicial district.
Court shall be held at Bennington, Brattleboro, Burlington,
Montpelier, Rutland, Saint Johnsbury, and Windsor.
(June 25, 1948, ch. 646, 62 Stat. 893; May 28, 1964, Pub. L.
88-312, 78 Stat. 201; Nov. 8, 1984, Pub. L. 98-620, title IV, 410, 98
Stat. 3362.)
Based on title 28, U.S.C., 1940 ed., 191 (Mar. 3, 1911, ch. 231,
110, 36 Stat. 1127; Feb. 1, 1912, ch. 26, 37 Stat. 58; Feb. 28, 1929,
ch. 360, 45 Stat. 1345).
Provision that ''any stated term may, when adjourned, be adjourned to
meet at any of the other places at Montpelier or Newport,'' was omitted
as unnecessary and inconsistent with sections 140 and 141 of this title.
Changes in arrangement and phraseology were made.
1984 -- Pub. L. 98-620 provided for holding court at Bennington.
1964 -- Pub. L. 88-312 provided for holding court at Montpelier and
Saint Johnsbury.
Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on that date, see section
411 of Pub. L. 98-620, set out as a note under section 85 of this
title.
28 USC 127. Virginia
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Virginia is divided into two judicial districts, to be known as the
Eastern and Western districts of Virginia.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Eastern District comprises the counties of Accomac, Amelia,
Arlington, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie,
Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Goochland,
Greensville, Hanover, Henrico, Isle of Wight, James City, King and
Queen, King George, King William, Lancaster, Loudoun, Lunenburg,
Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk,
Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince
George, Prince William, Princess Anne, Richmond, Southampton,
Spotsylvania, Stafford, Surry, Sussex Warwick, Westmoreland, and York.
Court for the Eastern District shall be held at Alexandria, Newport
News, Norfolk, and Richmond.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Western District comprises the counties of Albemarle,
Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland,
Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke,
Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin,
Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee,
Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick,
Pittsylvania, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham,
Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise,
and Wythe.
Court for the Western District shall be held at Abingdon, Big Stone
Gap, Charlottesville, Danville, Harrisonburg, Lynchburg, and Roanoke.
(c) Cities and incorporated towns are included in that district in
which are included the counties within the exterior boundaries of which
such cities and incorporated towns are geographically located or out of
the territory of which they have been incorporated.
(June 25, 1948, ch. 646, 62 Stat. 893; July 5, 1968, Pub. L.
90-383, 82 Stat. 292; Dec. 10, 1991, Pub. L. 102-200, 1, 105 Stat.
1630.)
Based on title 28, U.S.C., 1940 ed., 192 and 192a, and section
403c-2 of title 16, U.S.C., 1940 ed., Conservation (Mar. 3, 1911, ch.
231, 111, 36 Stat. 1127; June 13, 1918, ch. 100, 40 Stat. 605; Apr.
30, 1924, ch. 144, 43 Stat. 114; Feb. 21, 1925, ch. 290, 43 Stat. 962;
Jan. 20, 1930, ch. 20, 1, 46 Stat. 56; Aug. 19, 1937, ch. 703, 2, 50
Stat. 701; June 13, 1938, ch. 350, 52 Stat. 674; Oct. 31, 1945, ch.
443, 202, 59 Stat. 554).
A provision of section 192 of title 28 relating to the maintenance of
offices by the clerk of the western district was omitted as covered by
sections 452 and 751 of this title.
Changes in arrangement and phraseology were made.
By Senate amendment, ''Newport News'' was inserted after
''Alexandria'' in second paragraph of subsection (a) of this section.
See 80th Congress Senate Report No. 1559.
1991 -- Subsec. (a). Pub. L. 102-200, 1(1), struck out reference to
Culpeper, Louisa, and Orange counties.
Subsec. (b). Pub. L. 102-200, 1(2), inserted reference to Culpeper,
Louisa, and Orange counties.
1968 -- Subsec. (c). Pub. L. 90-383 added subsec. (c).
Section 2 of Pub. L. 102-200 provided that:
''(a) Pending Actions. -- The amendments made by section 1 (amending
this section) shall not apply to any action commenced before the date of
the enactment of this Act (Dec. 10, 1991) and pending in the United
States District Court for the Eastern District of Virginia on such date.
''(b) Juries. -- The amendments made by section 1 shall not affect
the composition, or preclude the service, of any grand or petit jury
summoned, empaneled, or actually serving in the Eastern or Western
District of Virginia on the date of the enactment of this Act.''
28 USC 128. Washington
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Washington is divided into two judicial districts to be known as the
Eastern and Western Districts of Washington.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Eastern District comprises the counties of Adams, Asotin,
Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant,
Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens,
Walla Walla, Whitman, and Yakima.
Court for the Eastern District shall be held at Spokane, Yakima,
Walla Walla, and Richland.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Western District comprises the counties of Clallam, Clark,
Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason,
Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston,
Wahkiakum, and Whatcom.
Court for the Western District shall be held at Bellingham, Seattle,
and Tacoma.
(June 25, 1948, ch. 646, 62 Stat. 894; Sept. 25, 1962, Pub. L.
87-699, 76 Stat. 598; June 2, 1970, Pub. L. 91-272, 4, 84 Stat. 297.)
Based on title 28, U.S.C., 1940 ed., 193 (Mar. 3, 1911, ch. 231,
112, 36 Stat. 1128; June 15, 1937, ch. 351, 50 Stat. 260; Dec. 28,
1945, ch. 596, 59 Stat. 661).
Words ''with the waters thereof,'' after the list of counties in each
division, were omitted as unnecessary, and in view of the absence of
such words in most similar sections relating to other States.
A provision relating to the maintenance of offices by the clerks were
omitted as covered by section 751 of this title.
Provisions that the counties in both divisions of the eastern
district included all Indian reservations in such counties and that the
counties in both divisions of the western district included all Indian
reservations in such counties were omitted as surplusage. (See
Reviser's Note under section 114 of this title.)
Pend Oreille County of the northern division of the eastern district
and Grays Harbor of the southern division of the western district were
created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
1970 -- Subsec. (a). Pub. L. 91-272, 4(a), struck out provisions
which had divided Eastern District into a Northern Division and a
Southern Division.
Subsec. (b). Pub. L. 91-272, 4(b), struck out provisions which had
divided Western District into a Northern Division and a Southern
Division.
1962 -- Subsec. (a)(2). Pub. L. 87-699 provided for holding court at
Richland.
28 USC 129. West Virginia
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
West Virginia is divided into two judicial districts to be known as
the Northern and Southern Districts of West Virginia.
28 USC Northern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Northern District comprises the counties of Barbour,
Berkeley, Braxton, Brooke, Calhoun, Doddridge, Gilmer, Grant, Hampshire,
Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral,
Monongalia, Morgan, Ohio, Pendleton, Pleasants, Pocahontas, Preston,
Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Webster, and Wetzel.
Court for the Northern District shall be held at Clarksburg, Elkins,
Fairmont, Martinsburg, and Wheeling.
28 USC Southern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Southern District comprises the counties of Boone, Cabell,
Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, McDowell,
Mason, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers,
Wayne, Wirt, Wood, and Wyoming.
Court for the Southern District shall be held at Beckley, Bluefield,
Charleston, Huntington, Lewisburg, and Parkersburg.
(June 25, 1948, ch. 646, 62 Stat. 894; Jan. 14, 1983, Pub. L.
97-471, 1, 96 Stat. 2601.)
Based on title 28, U.S.C., 1940 ed., 194 (Mar. 3, 1911, ch. 231,
113, 36 Stat. 1129; Mar. 23, 1912, ch. 63, 37 Stat. 76; Aug. 22, 1914,
ch. 265, 38 Stat. 702; Feb. 27, 1922, ch. 83, 42 Stat. 398; June 22,
1936, ch. 695, 49 Stat. 1805; Aug. 23, 1937, ch. 737, 50 Stat. 744;
June 29, 1938, ch. 817, 52 Stat. 1245).
Words ''with the waters thereof,'' after the list of counties in each
district, were omitted as unnecessary, and in view of the absence of
such words in similar sections relating to other States.
Provisions relating to special terms of court were omitted as covered
by section 141 of this title.
A provision that the term at Fairmont be held ''when suitable rooms
and accommodations for holding terms of the court shall be furnished at
Fairmont free of cost to the United States or until, subject to the
recommendation of the Attorney General of the United States with respect
to providing such rooms and accommodations for holding court at
Fairmont, a Federal building containing such suitable rooms and
accommodations for holding court shall be erected at such place,'' was
omitted as obsolete on advice of the Director of the Administrative
Office of the United States Courts that Federal accommodations are now
available.
Provisions respecting court accommodations at Beckley and Lewisburg
were omitted as covered by section 142 of this title.
Changes were made in arrangement and phraseology.
1983 -- Subsec. (a). Pub. L. 97-471, 1(1), struck out references to
Parkersburg, Wirt, and Wood counties and inserted references to Braxton,
Pocahontas, and Webster counties.
Subsec. (b). Pub. L. 97-471, 1(2), struck out references to Braxton,
Pocahontas, and Webster counties and inserted references to Parkersburg,
Wirt, and Wood counties.
28 USC 130. Wisconsin
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Wisconsin is divided into two judicial districts to be known as the
Eastern and Western districts of Wisconsin.
28 USC Eastern District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Eastern District comprises the counties of Brown, Calumet,
Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha,
Kewaunee, Langlade, Manitowoc, Marinette, Marquette, Menominee,
Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboygan,
Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago.
Court for the Eastern District shall be held at Green Bay, Milwaukee,
and Oshkosh.
28 USC Western District
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(b) The Western District comprises the counties of Adams, Ashland,
Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford,
Dane, Douglas, Dunn, Eau Claire, Grant, Green, Iowa, Iron, Jackson,
Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe,
Oneida, Pepin, Pierce, Polk, Portage, Price, Richland, Rock, Rusk, Saint
Croix, Sauk, Sawyer, Taylor, Trempealeau, Vernon, Vilas, Washburn, and
Wood.
Court for the Western District shall be held at Eau Claire, La
Crosse, Madison, Superior, and Wausau.
(June 25, 1948, ch. 646, 62 Stat. 894; Aug. 6, 1962, Pub. L.
87-573, 76 Stat. 307.)
Based on title 28, U.S.C., 1940 ed., 195 (Mar. 3, 1911, ch. 231,
114, 36 Stat. 1129; July 24, 1935, ch. 413, 49 Stat. 495).
Provisions for keeping the courts and their offices open at all times
were omitted as covered by section 452 of this title.
Provisions for maintenance of offices by the clerk and marshal, and
for the appointment and residence of a deputy marshal for Superior, were
omitted as covered by sections 541 (see 561), 542 (see 561), and 751 of
this title.
Words ''All causes and proceedings instituted in the court at
Superior shall be tried therein, unless by consent of the parties, or
upon the order of the court, they are transferred to another place for
trial,'' were omitted as unnecessary. Such provision, as to civil
cases, is covered by section 1404 of this title, and, as to criminal
cases, is rendered unnecessary because of inherent power of the court
and Rules 18-20 of the Federal Rules of Criminal Procedure.
Provisions for the return of process, including criminal warrants, at
Superior and other places in the western district and for the keeping of
records in the clerk's office at Superior, were omitted, since such
matters can be regulated more appropriately by court rule or order.
(See Federal Rules of Civil Procedure, Rule 4, and Federal Rules of
Criminal Procedure, Rule 4(g).)
Changes in arrangement and phraseology were made.
1962 -- Subsec. (a). Pub. L. 87-573 inserted reference to Menominee
county.
28 USC 131. Wyoming
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Wyoming and those portions of Yellowstone National Park situated in
Montana and Idaho constitute one judicial district.
Court shall be held at Casper, Cheyenne, Evanston, Lander, Jackson,
and Sheridan.
(June 25, 1948, ch. 646, 62 Stat. 895; July 10, 1984, Pub. L.
98-353, title II, 203(a), 98 Stat. 350.)
Based on section 27 of title 16, U.S.C., 1940 ed., Conservation, and
title 28, U.S.C., 1940 ed., 196 (May 7, 1894, ch. 72, 5, 28 Stat. 74;
Mar. 3, 1911, ch. 231, 115, 291, 36 Stat. 1130, 1167; June 5, 1924,
ch. 260, 43 Stat. 388; June 28, 1938, ch. 778, 1, 52 Stat. 1213).
Section consolidates section 196 of title 28, U.S.C., 1940 ed., with
a portion of section 27 of title 16, U.S.C., 1940 ed., with necessary
changes in arrangement and phraseology. Reference to parts of
Yellowstone National Park in Montana and Idaho is derived from said
section 27. Other provisions of said section are incorporated in
sections 631 and 632 of this title.
A provision of section 196 of title 28, U.S.C., 1940 ed., for
furnishing rooms and accommodations at Casper was omitted as obsolete,
upon advice of the Director of the Administrative Office of the United
States Courts that Federal accommodations are now available there.
Provisions of section 196 of title 28, U.S.C., 1940 ed., for
appointment of deputies and maintenance of offices by the clerk and
marshal were omitted as covered by sections 541 (see 561), 542 (see
561), and 751 of this title.
1984 -- Pub. L. 98-353 provided for holding court at Jackson.
28 USC 132. Creation and composition of district courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) There shall be in each judicial district a district court which
shall be a court of record known as the United States District Court for
the district.
(b) Each district court shall consist of the district judge or judges
for the district in regular active service. Justices or judges
designated or assigned shall be competent to sit as judges of the court.
(c) Except as otherwise provided by law, or rule or order of court,
the judicial power of a district court with respect to any action, suit
or proceeding may be exercised by a single judge, who may preside alone
and hold a regular or special session of court at the same time other
sessions are held by other judges.
(June 25, 1948, ch. 646, 62 Stat. 895; Nov. 13, 1963, Pub. L.
88-176, 2, 77 Stat. 331.)
Based on title 28, U.S.C., 1940 ed., 1, and section 641 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900,
ch. 339, 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, 1, 35 Stat. 838;
Mar. 3, 1911, ch. 231, 1, 36 Stat. 1087; July 30, 1914, ch. 216, 38
Stat. 580; July 19, 1921, ch. 42, 313, 42 Stat. 119; Feb. 12, 1925,
ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, 1, 44 Stat. 19).
Section consolidates section 1 of title 28, U.S.C., 1940 ed., and
section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology
necessary to effect the consolidation.
Subsection (c) is derived from section 641 of title 48, U.S.C., 1940
ed., which applied only to the Territory of Hawaii. The revised
section, by extending it to all districts, merely recognizes established
practice.
Other portions of section 1 of title 28, U.S.C., 1940 ed., are
incorporated in sections 133 and 134 of this title. The remainder of
section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections
91 and 133 of this title.
1963 -- Subsec. (b). Pub. L. 88-176 inserted ''regular'' before
''active service''.
Section 2(b) of act June 25, 1948, provided in part that the
provisions of this title as set out in section 1 of act June 25, 1948,
with respect to the organization of the court, shall be construed as a
continuation of existing law, and the tenure of the judges, officers,
and employees thereof and of the United States attorneys and marshals
and their deputies and assistants, in office on Sept. 1, 1948, shall
not be affected by its enactment, but each of them shall continue to
serve in the same capacity under the appropriate provisions of this
title pursuant to his prior appointment.
Guam and Virgin Islands district courts, see sections 1424, 1424b and
1611 et seq. of Title 48, Territories and Insular Possessions.
Assignment of district judges to other districts or courts, see
section 292 et seq. of this title.
Authority to create courts inferior to Supreme Court, see Const.,
Art. 3, 1.
Jurisdiction and venue of district courts, see sections 1331 et seq.
and 1391 et seq. of this title.
Three-judge courts, composition and procedure, see section 2284 of
this title.
28 USC 133. Appointment and number of district judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The President shall appoint, by and with the advice and consent
of the Senate, district judges for the several judicial districts, as
follows:
(b)(1) In any case in which a judge of the United States (other than
a senior judge) assumes the duties of a full-time office of Federal
judicial administration, the President shall appoint, by and with the
advice and consent of the Senate, an additional judge for the court on
which such judge serves. If the judge who assumes the duties of such
full-time office leaves that office and resumes the duties as an active
judge of the court, then the President shall not appoint a judge to fill
the first vacancy which occurs thereafter in that court.
(2) For purposes of paragraph (1), the term ''office of Federal
judicial administration'' means a position as Director of the Federal
Judicial Center, Director of the Administrative Office of the United
States Courts, or administrative assistant to the Chief Justice.
(June 25, 1948, ch. 646, 62 Stat. 895; Aug. 3, 1949, ch. 387, 2(a),
63 Stat. 493; Aug. 14, 1950, ch. 708, 64 Stat. 443; Aug. 29, 1950, ch.
819, 1, 64 Stat. 562; Sept. 5, 1950, ch. 848, 1, 64 Stat. 578; Feb.
10, 1954, ch. 6, 2(a)(3), 68 Stat. 9; Sept. 7, 1957, Pub. L. 85-310,
71 Stat. 631; July 7, 1958, Pub. L. 85-508, 12(c), 72 Stat. 348; Mar.
18, 1959, Pub. L. 86-3, 9(b), 73 Stat. 8; May 19, 1961, Pub. L. 87-36,
2(d), 75 Stat. 81; July 30, 1962, Pub. L. 87-562, 3, 76 Stat. 248;
Oct. 7, 1965, Pub. L. 89-242, 1(c), 79 Stat. 951; Mar. 18, 1966, Pub.
L. 89-372, 4, 80 Stat. 77; June 2, 1970, Pub. L. 91-272, 1(d), 84
Stat. 295; Dec. 18, 1971, Pub. L. 92-208, 3(d), 85 Stat. 742; Oct.
2, 1978, Pub. L. 95-408, 4(b)(2), 92 Stat. 885; Oct. 20, 1978, Pub. L.
95-486, 1(c), 92 Stat. 1630; Jan. 14, 1983, Pub. L. 97-471, 3, 96
Stat. 2601; July 10, 1984, Pub. L. 98-353, title II, 202(e), 98 Stat.
348; Dec. 1, 1990, Pub. L. 101-650, title II, 203(d), title III,
303, 104 Stat. 5101, 5105.)
Based on title 28, U.S.C., 1940 ed., 1 and notes; sections 641,
643, 863, and 864 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions; District of Columbia Code, 1940 ed., 11-301 (Apr. 12,
1900, ch. 191, 34, 35, 31 Stat. 84, 85; Apr. 30, 1900, ch. 339, 86,
31 Stat. 158; Mar. 3, 1901, ch. 854, 60, 31 Stat. 1199; Mar. 3,
1909, ch. 269, 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, 1, 36 Stat.
1087; Jan. 7, 1913, ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38
Stat. 580; Mar. 3, 1915, ch. 100, 1, 38 Stat. 961; Apr. 11, 1916, ch.
64, 1, 39 Stat. 48; Feb. 26, 1917, ch. 120, 39 Stat. 938; Mar. 2,
1917, ch. 145, 41, 42, 39 Stat. 965, 966; Feb. 26, 1919, ch. 50, 1,
40 Stat. 1183; Mar. 4, 1921, ch. 161, 1, 41 Stat. 1412; July 9, 1921,
ch. 42, 313, 42 Stat. 119; Sept. 14, 1922, ch. 306, 1, 42 Stat. 837;
Jan. 16, 1925, ch. 83, 3, 43 Stat. 752; Feb. 12, 1925, ch. 220, 43
Stat. 890; Feb. 13, 1925, ch. 229, 1, 13, 43 Stat. 936, 942; Feb.
16, 1925, ch. 233, 2, 3, 43 Stat. 946; Mar. 2, 1925, ch. 397, 1-3,
43 Stat. 1098; Mar. 3, 1927, ch. 297, 1, 44 Stat. 1346; Mar. 3,
1927, ch. 298, 44 Stat. 1347; Mar. 3, 1927, ch. 300, 1, 44 Stat.
1348; Mar. 3, 1927, ch. 332, 44 Stat. 1370; Mar. 3, 1927, ch. 336,
1, 2, 44 Stat. 1372; Mar. 3, 1927, ch. 338, 44 Stat. 1374; Mar. 3,
1927, ch. 344, 44 Stat. 1380; Jan. 31, 1928, ch. 14, 1, 45 Stat. 54;
Apr. 21, 1928, ch. 393, 5, 45 Stat. 439; May 29, 1928, ch. 882, 45
Stat. 974; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Jan. 17, 1929, ch.
72, 1, 45 Stat. 1081; Feb. 26, 1929, ch. 334, 45 Stat. 1317; Feb.
26, 1929, ch. 337, 45 Stat. 1319; Feb. 28, 1929, ch. 358, 1, 45 Stat.
1344; Feb. 28, 1929, ch. 380, 45 Stat. 1409; May 28, 1930, ch. 346,
1, 46 Stat. 431; June 19, 1930, ch. 537, 46 Stat. 785; June 27, 1930,
ch. 633, 46 Stat. 819; June 27, 1930, ch. 635, 1, 46 Stat. 820; July
3, 1930, ch. 852, 46 Stat. 1006; Feb. 20, 1931, ch. 244, 46 Stat.
1196; Feb. 20, 1931, ch. 245, 46 Stat. 1197; Feb. 25, 1931, ch. 296,
46 Stat. 1417; May 17, 1932, ch. 190, 47 Stat. 158; May 20, 1932, ch.
196, 47 Stat. 161; Aug. 2, 1935, ch. 425, 49 Stat. 508; Aug. 19,
1935, ch. 558, 1, 2, 49 Stat. 659; Aug. 28, 1935, ch. 793, 49 Stat.
945; June 5, 1936, ch. 515, 49 Stat. 1476; June 15, 1936, ch. 544, 49
Stat. 1491; June 16, 1936, ch. 585, 1, 49 Stat. 1523; June 22, 1936,
ch. 693, 49 Stat. 1804; June 22, 1936, ch. 694, 49 Stat. 1804; June
22, 1936, ch. 696, 49 Stat. 1806; Aug. 25, 1937, ch. 771, 1, 50 Stat.
805; Mar. 18, 1938, ch. 47, 52 Stat. 110; Mar. 26, 1938, ch. 51, 2,
52 Stat. 118; May 31, 1938, ch. 290, 4, 5, 6, 52 Stat. 584, 585;
June 20, 1938, ch. 528, 52 Stat. 780; Jan. 20, 1940, ch. 11, 54 Stat.
16; May 24, 1940, ch. 209, 2(c), 54 Stat. 220; June 8, 1940, ch. 282,
54 Stat. 253; Nov. 27, 1940, ch. 92, 1, 54 Stat. 1216; Nov. 21, 1941,
ch. 479, 55 Stat. 773; July 7, 1942, ch. 489, 56 Stat. 648; Dec. 24,
1942, ch. 817, 56 Stat. 1083; Dec. 24, 1942, ch. 827, 56 Stat. 1092;
Dec. 7, 1944, ch. 521, 58 Stat. 796; Dec. 22, 1944, ch. 663, 58 Stat.
887; Oct. 16, 1945, ch. 419, 1, 2, 59 Stat. 545, 546; June 15, 1946,
ch. 413, 60 Stat. 260; July 24, 1946, chs. 600, 602, 60 Stat. 654).
Section consolidates provisions of section 1 of title 28, U.S.C.,
1940 ed., and sections 641, 643, 863, and 864 of title 48, U.S.C., 1940
ed., with changes in phraseology necessary to effect consolidation.
Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to
residence of judges, are covered by section 134 of this title.
The act of Dec. 7, 1944, amended section 2 of the act of May 24,
1940, 54 Stat. 219, section 1, note, of title 28, U.S.C., 1940 ed., to
read as follows: ''(a) Provided, That the first vacancy in the office
of district judge in each of said districts except in the eastern
district of Pennsylvania, shall not be filled.''
The act of Dec. 22, 1944, amended the same section to read as
follows: ''(a) Provided, That the first vacancy occurring in the office
of district judge in each of said districts except the district of New
Jersey shall not be filled.''
The act of July 24, 1946, ch. 600, 1, 60 Stat. 654, amended the
proviso in the 1940 act to read as follows: ''Provided, That the first
vacancy occurring in the office of district judge in each of said
districts, except the district of New Jersey and the eastern district of
Pennsylvania, shall not be filled.''
The following additional but temporary judgeships, authorized by
Congress, are not included in the revised section:
Other provisions of said section 11-301 of the District of Columbia
Code, 1940 ed., are incorporated in section 136 of this title.
A part of section 641 of title 48, U.S.C., 1940 ed., is incorporated
in sections 91 and 132 of this title.
Parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., are
retained in title 48. For other parts of those sections, see
Distribution Table.
Other provisions of section 643 of title 48, U.S.C., 1940 ed., are
incorporated in sections 501 (now 541), 504 (now 541 to 544), and 541
(see 561) of this title.
Provisions for one district judge in the Southern District of Indiana
were inserted in this section by Senate amendment. See 80th Congress
Senate Report No. 1559.
Paragraph (2) of subsection (b) of section 4 of Pub. L. 95-408,
cited as a credit to this section, was amended generally by Pub. L.
96-4, 1, Mar. 30, 1979, 93 Stat. 6, and enacted provisions which are
set out as a note under section 93 of this title.
1990 -- Pub. L. 101-650, 303(1), designated existing provisions as
subsec. (a) and added subsec. (b).
Pub. L. 101-650, 203(d), altered number of permanent district
judgeships in named districts as follows:
1984 -- Pub. L. 98-353 altered number of permanent district
judgeships in named districts as follows:
1983 -- Pub. L. 97-471 in item relating to West Virginia increased
the number of judges for the Northern District from 1 to 2, increased
the number of judges for the Southern District from 3 to 4, and struck
out an item which had authorized a Northern and Southern District with 1
judge.
1978 -- Pub. L. 95-486 altered the number of permanent district
judgeships in the named districts as follows:
Pub. L. 95-408 substituted ''Central'' for ''Southern'' and
''Southern'' for ''Eastern'' in item relating to Illinois.
1971 -- Pub. L. 92-208 created a Middle District in the Louisiana
listing with one judge and reduced from 10 to 9 the number of judges for
the Eastern District of Louisiana.
1970 -- Pub. L. 91-272 altered the number of permanent district
judgeships in the named districts as follows:
1966 -- Pub. L. 89-372 altered the number of permanent district
judgeships in the named districts as follows:
1965 -- Pub. L. 89-242 changed the South Carolina listing by
removing references to an Eastern and Western District, with 1 judge
listed for the Eastern, 1 judge for the Western, and 2 judges for the
Eastern and Western combined, and substituted therefor a single
reference to a South Carolina District with 4 judges.
1962 -- Pub. L. 87-562 amended the Florida listing by adding the
Middle District with its designation of 3 judges, substituted
''Northern, Middle, and Southern'' for ''Northern and Southern'', and
reduced the number of judges in the Southern District from 6 to 3.
1961 -- Pub. L. 87-36 increased the number of permanent district
judgeships in the named districts as follows:
1959 -- Pub. L. 86-3 struck out provisions that restricted
eligibility for appointment as district judges for the district of
Hawaii to citizens of the Territory of Hawaii who have resided therein
for at least three years.
1958 -- Pub. L. 85-508 inserted ''Alaska -------- 1''.
1957 -- Pub. L. 85-310 increased the number of permanent judgeships
in the district of South Dakota from 1 to 2.
1954 -- Act Feb. 10, 1954, increased the number of permanent
judgeships in the named districts as follows:
1950 -- Act Sept. 5, 1950, increased the number of permanent
judgeships in the district of Delaware from 1 to 2.
Act Aug. 29, 1950, increased the number of permanent judgeships in
the western district of Pennsylvania from 3 to 4.
Act Aug. 14, 1950, increased the number of permanent judgeships in
the northern district of Illinois from 6 to 8.
1949 -- Act Aug. 3, 1949, increased the numbers of permanent
judgeships in the named districts as follows:
and Guidelines; Failure To Comply
Section 7 of Pub. L. 95-486 provided that:
''(a) The first section and section 2 of this Act (amending this
section and enacting provisions set out as notes under this section)
shall take effect immediately upon the President's promulgation and
publication of standards and guidelines for the selection, on the basis
of merit, of nominees for United States district court judgeships
authorized by this Act (amending this section, sections 44, 46, 1337,
and 1445 of this title, and section 5108 of Title 5, Government
Organization and Employees, enacting provisions set out as notes under
this section and sections 41 and 44 of this title, and amending
provisions set out as a note under section 45 of this title).
''(b) The President may waive such standards and guidelines with
respect to any nomination by notifying the Senate of the reasons for
such waiver.
''(c) Following the promulgation and publication of such standards
and guidelines, no nomination or appointment to a United States district
court judgeship may be invalidated on the basis of the President's
failure to comply with this section or with any standards or guidelines
promulgated under this section.
''(d) This Act, other than the first section and section 2 (amending
this section and enacting provisions set out as notes under this
section) shall take effect on the date of enactment of this Act (Oct.
20, 1978).''
Section 11 of Pub. L. 95-486 provided that: ''Notwithstanding any
other provision of this Act the first section and section 2 (amending
this section and enacting provisions set out as notes under this
section) shall not take effect before November 1, 1978.''
Amendment by Pub. L. 95-408 effective 180 days after Oct. 2, 1978,
with such amendment not to affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act, see
section 5 of Pub. L. 95-408, set out as a note under section 89 of this
title.
Amendment by Pub. L. 92-208 effective 120 days after Dec. 18, 1971,
see section 3(f) of Pub. L. 92-208, set out as a note under section 98
of this title.
Amendment by Pub. L. 89-242 effective on first day of month
following Oct. 7, 1965, see section 6 of Pub. L. 89-242, set out as a
note under section 121 of this title.
Amendment by Pub. L. 87-562 effective 90 days after July 30, 1962,
see section 5 of Pub. L. 87-562, set out as a note under section 89 of
this title.
Section 9 of Pub. L. 86-3 provided in part that the amendment of
this section and section 134 of this title is effective on admission of
the State of Hawaii into the Union. Admission of Hawaii into the Union
was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug.
21, 1959, 25 F.R. 6868, 73 Stat. 74, as required by sections 1 and
7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes
preceding section 491 of Title 48, Territories and Insular Possessions.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. 16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
Section 203(a)-(c) of title II of Pub. L. 101-650 provided that:
''(a) In General. -- The President shall appoint, by and with the
advice and consent of the Senate --
''(1) 1 additional district judge for the western district of
Arkansas;
''(2) 2 additional district judges for the northern district of
California;
''(3) 5 additional district judges for the central district of
California;
''(4) 1 additional district judge for the southern district of
California;
''(5) 2 additional district judges for the district of Connecticut;
''(6) 2 additional district judges for the middle district of
Florida;
''(7) 1 additional district judge for the northern district of
Florida;
''(8) 1 additional district judge for the southern district of
Florida;
''(9) 1 additional district judge for the middle district of Georgia;
''(10) 1 additional district judge for the northern district of
Illinois;
''(11) 1 additional district judge for the southern district of Iowa;
''(12) 1 additional district judge for the western district of
Louisiana;
''(13) 1 additional district judge for the district of Maine;
''(14) 1 additional district judge for the district of Massachusetts;
''(15) 1 additional district judge for the southern district of
Mississippi;
''(16) 1 additional district judge for the eastern district of
Missouri;
''(17) 1 additional district judge for the district of New Hampshire;
''(18) 3 additional district judges for the district of New Jersey;
''(19) 1 additional district judge for the district of New Mexico;
''(20) 1 additional district judge for the southern district of New
York;
''(21) 3 additional district judges for the eastern district of New
York;
''(22) 1 additional district judge for the middle district of North
Carolina;
''(23) 1 additional district judge for the southern district of Ohio;
''(24) 1 additional district judge for the northern district of
Oklahoma;
''(25) 1 additional district judge for the western district of
Oklahoma;
''(26) 1 additional district judge for the district of Oregon;
''(27) 3 additional district judges for the eastern district of
Pennsylvania;
''(28) 1 additional district judge for the middle district of
Pennsylvania;
''(29) 1 additional district judge for the district of South
Carolina;
''(30) 1 additional district judge for the eastern district of
Tennessee;
''(31) 1 additional district judge for the western district of
Tennessee;
''(32) 1 additional district judge for the middle district of
Tennessee;
''(33) 2 additional district judges for the northern district of
Texas;
''(34) 1 additional district judge for the eastern district of Texas;
''(35) 5 additional district judges for the southern district of
Texas;
''(36) 3 additional district judges for the western district of
Texas;
''(37) 1 additional district judge for the district of Utah;
''(38) 1 additional district judge for the eastern district of
Washington;
''(39) 1 additional district judge for the northern district of West
Virginia;
''(40) 1 additional district judge for the southern district of West
Virginia; and
''(41) 1 additional district judge for the district of Wyoming.
''(b) Existing Judgeships. -- (1) The existing district judgeships
for the western district of Arkansas, the northern district of Illinois,
the northern district of Indiana, the district of Massachusetts, the
western district of New York, the eastern district of North Carolina,
the northern district of Ohio, and the western district of Washington
authorized by section 202(b) of the Bankruptcy Amendments and Federal
Judgeship Act of 1984 (Public Law 98-353, 98 Stat. 347-348) (set out
below) shall, as of the effective date of this title (Dec. 1, 1990), be
authorized under section 133 of title 28, United States Code, and the
incumbents in those offices shall hold the office under section 133 of
title 28, United States Code, as amended by this title.
''(2)(A) The existing 2 district judgeships for the eastern and
western districts of Arkansas (provided by section 133 of title 28,
United States Code, as in effect on the day before the effective date of
this title) shall be district judgeships for the eastern district of
Arkansas only, and the incumbents of such judgeships shall hold the
offices under section 133 of title 28, United States Code, as amended by
this title.
''(B) The existing district judgeship for the northern and southern
districts of Iowa (provided by section 133 of title 28, United States
Code, as in effect on the day before the effective date of this title)
shall be a district judgeship for the northern district of Iowa only,
and the incumbent of such judgeship shall hold the office under section
133 of title 28, United States Code, as amended by this title.
''(C) The existing district judgeship for the northern, eastern, and
western districts of Oklahoma (provided by section 133 of title 28,
United States Code, as in effect on the day before the effective date of
this title) and the occupant of which has his or her official duty
station at Oklahoma City on the date of the enactment of this title
(Dec. 1, 1990), shall be a district judgeship for the western district
of Oklahoma only, and the incumbent of such judgeship shall hold the
office under section 133 of title 28, United States Code, as amended by
this title.
''(c) Temporary Judgeships. -- The President shall appoint, by and
with the advice and consent of the Senate --
''(1) 1 additional district judge for the northern district of
Alabama;
''(2) 1 additional district judge for the eastern district of
California;
''(3) 1 additional district judge for the district of Hawaii;
''(4) 1 additional district judge for the central district of
Illinois;
''(5) 1 additional district judge for the southern district of
Illinois;
''(6) 1 additional district judge for the district of Kansas;
''(7) 1 additional district judge for the western district of
Michigan;
''(8) 1 additional district judge for the eastern district of
Missouri;
''(9) 1 additional district judge for the district of Nebraska;
''(10) 1 additional district judge for the northern district of New
York;
''(11) 1 additional district judge for the northern district of Ohio;
''(12) 1 additional district judge for the eastern district of
Pennsylvania; and
''(13) 1 additional district judge for the eastern district of
Virginia.
The first vacancy in the office of district judge in each of the
judicial districts named in this subsection, occurring 5 years or more
after the effective date of this title (Dec. 1, 1990), shall not be
filled.''
Section 202(a)-(d) of Pub. L. 98-353 provided that:
''(a) Subject to the provisions of subsection (c), the President
shall appoint, by and with the advice and consent of the Senate, one
additional district judge for the southern district of Alabama, one
additional district judge for the district of Alaska, five additional
district judges for the central district of California, one additional
district judge for the district of Colorado, one additional district
judge for the district of Connecticut, one additional district judge for
the district of Delaware, three additional district judges for the
southern district of Florida, one additional district judge for the
middle district of Georgia, one additional district judge for the
district of Hawaii, four additional district judges for the northern
district of Illinois, one additional district judge for the southern
district of Illinois, one additional district judge for the western
district of Kentucky, one additional district judge for the western
district of Louisiana, one additional district judge for the district of
Maryland, one additional district judge for the district of
Massachusetts, two additional district judges for the eastern district
of Michigan, one additional district judge for the district of
Minnesota, one additional district judge for the northern district of
Mississippi, two additional district judges for the southern district of
Mississippi, one additional district judge for the eastern district of
Missouri, one additional district judge for the district of Montana, one
additional district judge for the district of Nevada, three additional
district judges for the district of New Jersey, one additional district
judge for the northern district of New York, two additional district
judges for the eastern district of New York, one additional district
judge for the southern district of Ohio, one additional district judge
for the western district of Oklahoma, one additional district judge for
the district of Rhode Island, one additional district judge for the
eastern district of Tennessee, one additional district judge for the
western district of Tennessee, one additional district judge for the
northern district of Texas, two additional district judges for the
eastern district of Texas, one additional district judge for the western
district of Texas, one additional district judge for the district of
Utah, one additional district judge for the eastern district of
Virginia, one additional district judge for the eastern district of
Washington, one additional district judge for the western district of
Washington, and one additional district judge for the district of
Wyoming.
''(b) Subject to the provisions of subsection (c) the President shall
appoint, by and with the advice and consent of the Senate, one
additional district judge for the western district of Arkansas, one
additional district judge for the northern district of Illinois, one
additional district judge for the northern district of Indiana, one
additional district judge for the district of Massachusetts, one
additional district judge for the western district of New York, one
additional district judge for the eastern district of North Carolina,
one additional district judge for the northern district of Ohio, and one
additional district judge for the western district of Washington. The
first vacancy in each of the offices of district judge authorized by
this subsection, occurring five years or more after the effective date
of this Act (probably means July 10, 1984), shall not be filled.
''(c) For the judgeships created in subsections (a) and (b), the
President shall appoint, by and with the advice and consent of the
Senate, no more than twenty-nine of such judges prior to January 21,
1985.
''(d) The existing district judgeship for the district of Minnesota
and the existing district judgeship for the northern district of Ohio,
heretofore authorized by section 2 of the Act of October 20, 1978
(Public Law 95-486, 92 Stat. 1631) (set out below), shall, as of the
effective date of this Act (probably means July 10, 1984), be authorized
under section 133 of title 28, United States Code, and the incumbents of
those offices shall henceforth hold their offices under section 133, as
amended by this Act.''
Section 1(a) of Pub. L. 95-486 provided that: ''The President shall
appoint, by and with the advice and consent of the Senate, three
additional district judges for the northern district of Alabama, one
additional district judge for the middle district of Alabama, three
additional district judges for the district of Arizona, two additional
district judges for the eastern district of Arkansas, one additional
district judge for the northern district of California, three additional
district judges for the eastern district of California, one additional
district judge for the central district of California, two additional
district judges for the southern district of California, two additional
district judges for the district of Colorado, one additional district
judge for the district of Connecticut, one additional district judge for
the northern district of Florida, three additional district judges for
the middle district of Florida, five additional district judges for the
southern district of Florida, five additional district judges for the
northern district of Georgia, one additional district judge for the
southern district of Georgia, three additional district judges for the
northern district of Illinois, one additional district judge for the
central district of Illinois, one additional district judge for the
northern district of Indiana, one additional district judge for the
southern district of Indiana, one additional district judge for the
southern district of Iowa, one additional district judge for the
district of Kansas, two additional district judges for the eastern
district of Kentucky, four additional district judges for the eastern
district of Louisiana, one additional district judge for the middle
district of Louisiana, one additional district judge for the western
district of Louisiana, one additional district judge for the district of
Maine, two additional district judges for the district of Maryland, four
additional district judges for the district of Massachusetts, three
additional district judges for the eastern district of Michigan, two
additional district judges for the western district of Michigan, one
additional district judge for the district of Minnesota, one additional
district judge for the eastern district of Missouri, two additional
district judges for the western district of Missouri, one additional
district judge for the district of Nevada, one additional district judge
for the district of New Hampshire, two additional district judges for
the district of New Jersey, one additional district judge for the
district of New Mexico, one additional district judge for the northern
district of New York, one additional district judge for the eastern
district of New York, one additional district judge for the eastern
district of North Carolina, one additional district judge for the middle
district of North Carolina, one additional district judge for the
western district of North Carolina, one additional district judge for
the northern district of Ohio, one additional district judge for the
southern district of Ohio, one additional district judge for the western
district of Oklahoma, one additional district judge for the northern
district of Oklahoma, two additional district judges for the district of
Oregon, two additional district judges for the middle district of
Pennsylvania, four additional district judges for the district of Puerto
Rico, three additional district judges for the district of South
Carolina, one additional district judge for the district of South
Dakota, one additional district judge for the middle district of
Tennessee, three additional district judges for the northern district of
Texas, one additional district judge for the eastern district of Texas,
five additional district judges for the southern district of Texas, one
additional district judge for the western district of Texas, one
additional district judge for the district of Utah, two additional
district judges for the eastern district of Virginia, two additional
district judges for the western district of Virginia, one additional
district judge for the eastern district of Washington, one additional
district judge for the western district of Washington, one additional
district judge for the southern district of West Virginia, one
additional district judge for the eastern district of Wisconsin, and one
additional district judge for the western district of Wisconsin.''
Section 2 of Pub. L. 95-486 provided that: ''The President shall
appoint, by and with the advice and consent of the Senate, one
additional district judge for the eastern district of Kentucky, one
additional district judge for the district of Minnesota, one additional
district judge for the northern district of Ohio, and one additional
district judge for the southern district of West Virginia. The first
vacancy in the office of district judge in the judicial districts named
in this section occurring five years or more after the effective date of
this Act (Oct. 20, 1978) shall not be filled.''
Section 1(a) of Pub. L. 91-272 provided that: ''The President shall
appoint, by and with the advice and consent of the Senate, one
additional district judge for the northern district of Alabama, one
additional district judge for the middle district of Alabama, one
additional district judge for the district of Arizona, two additional
district judges for the northern district of California, three
additional district judges for the central district of California, three
additional district judges for the southern district of California, one
additional district judge for the district of Colorado, one additional
district judge for the middle district of Florida, two additional
district judges for the southern district of Florida, three additional
district judges for the northern district of Georgia, one additional
district judge for the southern district of Georgia, two additional
district judges for the northern district of Illinois, one additional
district judge for the eastern district of Kentucky, one additional
district judge for the western district of Kentucky, two additional
district judges for the eastern district of Louisiana, one additional
district judge for the western district of Louisiana, two additional
district judges for the district of Maryland, two additional district
judges for the eastern district of Michigan, one additional district
judge for the eastern district of Missouri, one additional district
judge for the district of Nebraska, one additional district judge for
the district of New Jersey, one additional district judge for the
district of New Mexico, one additional district judge for the eastern
district of New York, three additional district judges for the southern
district of New York, one additional district judge for the northern
district of Ohio, one additional district judge for the southern
district of Ohio, six additional district judges for the eastern
district of Pennsylvania, two additional district judges for the western
district of Pennsylvania, one additional district judge for the district
of Puerto Rico, one additional district judge for the district of South
Carolina, one additional district judge for the western district of
Tennessee, one additional district judge for the northern district of
Texas, one additional district judge for the eastern district of Texas,
one additional district judge for the southern district of Texas, one
additional district judge for the western district of Texas, one
additional district judge for the eastern district of Virginia, and one
additional district judge for the southern district of West Virginia.''
Section 2(a) of Pub. L. 89-372 provided that: The President shall
appoint, by and with the advice and consent of the Senate, one district
judge for the middle and southern districts of Alabama, one additional
district judge for the district of Arizona, one additional district
judge for the northern district of Florida, one additional district
judge for the middle district of Florida, two additional district judges
for the southern district of Florida, one additional district judge for
the northern district of Illinois, one additional district judge for the
southern district of Indiana, four additional district judges for the
eastern district of Louisiana, one additional district judge for the
district of Maryland, one additional district judge for the northern
district of Mississippi, one additional district judge for the southern
district of Mississippi, one additional district judge for the western
district of New York, one additional district judge for the northern
district of Ohio, one additional district judge for the southern
district of Ohio, one additional district judge for the district of
Rhode Island, two additional district judges for the southern district
of Texas, one additional district judge for the western district of
Texas, two additional district judges for the eastern district of
Virginia, and one additional district judge for the district of
Vermont.''
Section 2(a) of Pub. L. 87-36 provided that: ''The President shall
appoint, by and with the advice and consent of the Senate, one
additional district judge for the northern district of Alabama, one
additional district judge for the district of Alaska, one additional
district judge for the district of Arizona, one additional district
judge for the eastern and western districts of Arkansas, two additional
district judges for the northern district of California, two additional
district judges for the southern district of California, one additional
district judge for the district of Colorado, two additional district
judges for the district of Connecticut, two additional district judges
for the southern district of Florida, one additional district judge for
the northern district of Georgia, two additional district judges for the
northern district of Illinois, one additional district judge for the
northern district of Indiana, one additional district judge for the
southern district of Indiana, one additional district judge for the
northern and southern districts of Iowa, one additional district judge
for the district of Kansas, two additional district judges for the
eastern district of Louisiana, one additional district judge for the
western district of Louisiana, two additional district judges for the
district of Maryland, one additional district judge for the district of
Massachusetts, two additional district judges for the eastern district
of Michigan, one additional district judge for the southern district of
Mississippi, one additional district judge for the western district of
Missouri, one additional district judge for the district of Nevada, one
additional district judge for the district of New Jersey, two additional
district judges for the eastern district of New York, six additional
district judges for the southern district of New York, one additional
district judge for the eastern district of North Carolina, one
additional district judge for the middle district of North Carolina, one
additional district judge for the western district of North Carolina,
one additional district judge for the northern district of Ohio, one
additional district judge for the northern, eastern, and western
districts of Oklahoma, three additional district judges for the eastern
district of Pennsylvania, one additional district judge for the middle
district of Pennsylvania, two additional district judges for the western
district of Pennsylvania, one additional district judge for the district
of Puerto Rico, one additional district judge for the eastern and
western districts of South Carolina, one additional district judge for
the eastern district of Tennessee, one additional district judge for the
middle district of Tennessee, one additional district judge for the
western district of Tennessee, two additional district judges for the
northern district of Texas, one additional district judge for the
southern district of Texas, one additional district judge for the
western district of Texas and one additional district judge for the
eastern and western districts of Washington.''
Subsec. (a)(1) of section 2 of act Feb. 10, 1954, subsec. (a)(3) of
which section amended the table in this section, provided for the
appointment by the President, by and with the advice and consent of the
Senate, of the additional judges for the districts for which additional
permanent judgeships were provided in the amendment.
Alabama. -- Section 1(b) of Pub. L. 91-272 provided that: ''The
existing district judgeship for the middle and southern districts of
Alabama, heretofore provided for by section 133 of title 28 of the
United States Code, shall hereafter be a district judgeship for the
southern district of Alabama only, and the present incumbent of such
judgeship shall henceforth hold his office under such section 133, as
amended by subsection (d) of this section.''
California. -- Section 3(h) of Pub. L. 89-372 provided that: ''The
President shall appoint, by and with the advice and consent of the
Senate, three additional district judges for the central district of
California, and two additional district judges for the northern district
of California.''
Delaware. -- Act July 24, 1946, ch. 602, 60 Stat. 654, which
authorized the appointment of an additional judge for the district of
Delaware was repealed by section 2 of act Sept. 5, 1950, which by
section 1 of act Sept. 5, 1950, made the additional judgeship
permanent. However, section 2 of act Sept. 5, 1950 also provided that
the repeal in no way affected the tenure of the present incumbent.
Florida. -- Section 2(b) of Pub. L. 89-372 provided that: ''The
existing district judgeship for the northern, middle and southern
districts of Florida heretofore provided for by section 133 of title 28,
United States Code, shall hereafter be a district judgeship for the
middle district of Florida only, and the present incumbent of such
judgeship shall henceforth hold his office under section 133, as amended
by this Act.''
Georgia. -- Act Mar. 29, 1949, ch. 37, 63 Stat. 16, which
authorized the appointment of an additional judge for the middle
district, was repealed by section 2(b) of Pub. L. 87-36, which made the
judgeship permanent and also provided that the incumbent of the
judgeship created by act Mar. 29, 1949, should henceforth hold his
office under this section, as amended by Pub. L. 87-36, 2(d).
Kansas. -- Section 5(a) of Pub. L. 89-372, Mar. 18, 1966, 80 Stat.
78, which authorized the appointment of an additional district judge for
the eastern district of Kansas and which provided that the first vacancy
which occurred in the office of district judge in such district not be
filled was repealed by section 1(c) of Pub. L. 91-272, June 2, 1970,
84 Stat. 294, which provided, in part, that such judgeship be a
permanent judgeship and that the present incumbent henceforth hold his
office under this section, as amended by section 1(d) of Pub. L.
91-272.
Missouri. -- The additional judgeship for the eastern and western
districts, which was authorized by act Dec. 24, 1942, ch. 827, 56
Stat. 1083, was made permanent by section 2(a)(2) of act Feb. 10,
1954, which by section 2(b)(10) of act Feb. 10, 1954 provided that the
incumbent of the judgeship created by act Dec. 24, 1942, should
henceforth hold his office under this section, as amended by act Feb.
10, 1954, 2(a)(3).
Nevada. -- Section 2(b)(2) of act Feb. 10, 1954, provided: ''The
President shall appoint, by and with the advice and consent of the
Senate, one additional district judge for the district of Nevada. The
first vacancy occurring in the office of district judge in said district
shall not be filled.''
New Jersey. -- Section 2(a) of Pub. L. 91-272 provided that: ''The
President shall appoint, by and with the advice and consent of the
Senate, one additional district judge for the district of New Jersey.
The first vacancy occurring in the office of district judge in that
district shall not be filled.''
New Mexico. -- Act Feb. 10, 1954, ch. 6, 2(b)(1), 68 Stat. 10,
which authorized the appointment of an additional judge for the
district, was repealed by section 2(b) of Pub. L. 87-36, which made the
judgeship permanent and also provided that the incumbent of the
judgeship created by act Feb. 10, 1954, should henceforth hold his
office under this section, as amended by Pub. L. 87-36, 2(d).
North Carolina. -- Section 2(c) of Pub. L. 91-272 provided that:
''The President shall appoint, by and with the advice and consent of the
Senate, one additional district judge for the eastern district of North
Carolina. The first vacancy occurring in the office of district judge
in that district shall not be filled.''
Ohio. -- Act May 1, 1941, ch. 83, 55 Stat. 148, which provided for
the appointment of an additional judge for the northern district was
repealed by section 2(e) of act Aug. 3, 1949, which also provided that
the incumbent of the judgeship created by act May 1, 1941, should
henceforth hold his office under this section, as amended by act Aug.
3, 1949, 2(a).
Section 2(e)(1), (2) of Pub. L. 87-36 provided that:
''(1) The President shall appoint, by and with the advice and consent
of the Senate, one additional district judge for the southern district
of Ohio. The first vacancy occurring in the office of district judge in
said district shall not be filled.
''(2) The President shall appoint, by and with the advice and consent
of the Senate, one additional district judge for the northern district
of Ohio. The first vacancy occurring in the office of district judge in
said district shall not be filled.''
Oklahoma. -- Act May 24, 1940, ch. 209, 2(a), 54 Stat. 219,
providing for additional judgeships was amended by section 2(b) of act
Aug. 3, 1949, to strike out ''western district of Oklahoma'', and to
make the incumbent of the judgeship created by act May 24, 1940,
henceforth hold his office under this section, as amended by act Aug.
3, 1949, 2(a).
Pennsylvania. -- Section 2(b) of Pub. L. 91-272 provided that:
''The President shall appoint, by and with the advice and consent of the
Senate, one additional district judge for the middle district of
Pennsylvania. The first vacancy occurring in the office of district
judge in that district shall not be filled.''
Section 5(b) of Pub. L. 89-372, Mar. 18, 1966, 80 Stat. 78, as
amended by Pub. L. 90-90, Sept. 23, 1967, 81 Stat. 228, which
authorized the appointment of three additional district judges for the
eastern district of Pennsylvania and which provided that the second,
third, and fourth vacancies occurring after Mar. 18, 1966, in the
office of district judge in such district not be filled was repealed by
section 1(c) of Pub. L. 91-272, June 2, 1970, 84 Stat. 294, which
provided, in part, that such judgeships be permanent judgeships and that
the present incumbents henceforth hold their offices under this section,
as amended by section 1(d) of Pub. L. 81-272.
Act Feb. 10, 1954, ch. 6, 2(b)(5), 68 Stat. 10, which authorized
the appointment of an additional judge for the western district, was
repealed by section 2(b) of Pub. L. 87-36, which made the judgeship
permanent and also provided that the incumbent of the judgeship created
by act Feb. 10, 1954, should henceforth hold his office under this
section, as amended by Pub. L. 87-36, 2(d).
Section 2 of act July 24, 1946, ch. 600, 60 Stat. 654, as amended
by section 6 of act Feb. 10, 1954, ch. 6, 68 Stat. 14, provided:
''The President is authorized to appoint, by and with the advice and
consent of the Senate, one additional United States district judge, who
shall be an additional district judge for the eastern, middle, and
western districts of Pennsylvania. The judge so appointed shall at the
time of his appointment be a resident and a citizen of the State of
Pennsylvania: Provided, That when a vacancy occurs in said office it
shall not be filled: Provided further, That unless the President shall
submit a nomination to the Senate to fill the office hereby created
within ninety days after the effective date of this Act (July 24, 1946),
then in that event this Act shall be of no force and effect. If a
vacancy arises in the office of district judge for the middle district
of Pennsylvania while the judge appointed pursuant to this section is
holding the office created by this section, such judge shall thereafter
be a district judge for the middle district of Pennsylvania.''
Section 2(c) of act Aug. 3, 1949, which provided for an additional
temporary judgeship for the western district of Pennsylvania was
repealed by section 2 of act Aug. 29, 1950, which by section 1 of act
Aug. 29, 1950, made the additional judgeship permanent. However,
section 2 of act Aug. 29, 1950 also provided that the repeal in no way
affected the tenure of the present incumbent.
South Carolina. -- Section 1(b) of Pub. L. 89-242 provided that:
''The existing district judgeships for the Eastern District of South
Carolina, the Western District of South Carolina, and the Eastern and
Western Districts of South Carolina heretofore provided for by section
133 of title 28 of the United States Code (this section) shall hereafter
be district judgeships for the District of South Carolina and the
present incumbents of such judgeships shall henceforth hold their
offices under section 133, as amended by this Act.''
South Dakota. -- Pub. L. 85-310 provided: ''The President is
authorized to appoint, by and with the advice and consent of the Senate
an additional district judge for the district of South Dakota as
authorized by paragraph (3) of section 2(b) of the act of February 10,
1954 (set out as a note below).''
Section 2(b)(3) of act February 10, 1954, as amended by Pub. L.
85-310, provided: ''The President shall appoint, by and with the advice
and consent of the Senate, one additional district judge for the
district of South Dakota.''
Tennessee. -- Section 2(b)(4) of act Feb. 10, 1954, provided: ''The
President shall appoint, by and with the advice and consent of the
Senate, one additional district judge for the middle district of
Tennessee. The first vacancy occurring in the office of district judge
in said district shall not be filled.''
Texas. -- Act Aug. 3, 1949, ch. 387, 2(d), 63 Stat. 495, which
authorized the appointment of an additional judge for the Southern
district, was repealed by section 2(b)(11) of act Feb. 10, 1954, which
by section 2(a)(2) of act Feb. 10, 1954, made the additional judgeship
permanent. Section 2(b)(11) of act Feb. 10, 1954 also provided that
the incumbent of the judgeship created by section 2(d) of act Aug. 3,
1949, should henceforth hold his office under this section, as amended
by act Feb. 10, 1954, 2(a)(3).
Utah. -- Act Feb. 10, 1954, ch. 6, 2(b)(6), 68 Stat. 11, which
authorized the appointment of an additional judge for the district, was
repealed by section 2(b) of Pub. L. 87-36, which made the judgeship
permanent and also provided that the incumbent of the judgeship created
by act Feb. 10, 1954, should hence forth hold his office under this
section, as amended by Pub. L. 87-36, 2(d).
Virgin Islands. -- Section 3(a) of Pub. L. 91-272 provided that:
''The President shall appoint, by and with the advice and consent of the
Senate, one additional judge for the District Court of the Virgin
Islands, who shall hold office for the term of eight years and until his
successor is chosen and qualified, unless sooner removed by the
President for cause.''
Washington. -- Section 1(b) of Pub. L. 95-486 provided that: ''The
existing district judgeship for the eastern and western districts of
Washington, heretofore provided for by section 133 of title 28 of the
United States Code, shall hereafter be a district judgeship for the
western district of Washington only, and the present incumbent of such
judgeship shall henceforth hold his office under section 133, as amended
by this Act.''
Section 2(c) of Pub. L. 87-36 provided that: ''The existing
district judgeship for the eastern and western districts of Washington,
heretofore provided for by section 133 of title 28 of the United States
Code, shall hereafter be a district judgeship for the western district
of Washington only, and the present incumbent of such judgeship shall
henceforth hold his office under section 133, as amended by this Act
(Pub. L. 87-36).''
West Virginia. -- Section 2 of Pub. L. 97-471 provided that:
''(a) The existing district judgeship for the Southern District of
West Virginia, authorized by section 2 of the Act entitled 'An Act to
provide for the appointment of additional district and circuit judges
and for other purposes', approved October 20, 1978 (Pub. L. 95-486) (92
Stat. 1632; 28 U.S.C. 133 note), shall, as of the date of enactment of
this Act (Jan. 14, 1983), be authorized under section 133 of title 28 of
the United States Code as a district judgeship for the Northern District
of West Virginia, and the incumbent of that office shall henceforth hold
office under section 133, as amended by this Act.
''(b) The existing district judgeship for the Northern and Southern
Districts of West Virginia shall be authorized as the district judgeship
for the Southern District.''
The additional judgeship for the northern and southern districts,
which was authorized by act June 22, 1936, ch. 695, 49 Stat. 1805, was
made permanent by section 2(a)(2) of act Feb. 10, 1954, which by
section 2(b)(12) of act Feb. 10, 1954, provided that the incumbent of
the judgeship created by act June 22, 1936, should henceforth hold his
office under this section, as amended by act Feb. 10, 1954, 2(a)(3).
Wisconsin. -- Section 5(c) of Pub. L. 89-372, Mar. 18, 1966, 80
Stat. 78, which authorized the appointment of an additional district
judge for the district of Wisconsin and which provided that the first
vacancy occurring in the office of district judge in such district not
be filled was repealed by section 1(c) of Pub. L. 91-272, June 2, 1970,
84 Stat. 294, which provided, in part, that such judgeship be a
permanent judgeship and that the present incumbent henceforth hold his
office under this section, as amended by section 1(d) of Pub. L.
91-272.
Section 8 of Pub. L. 95-486 provided that: ''The Congress --
''(1) takes notice of the fact that only 1 percent of Federal judges
are women and only 4 percent are blacks; and
''(2) suggests that the President, in selecting individuals for
nomination to the Federal judgeships created by this Act (for
classification see Effective Date of 1978 Amendment note above), give
due consideration to qualified individuals regardless of race, color,
sex, religion, or national origin.''
Section 2(b)(2) act Aug. 3, 1949, provided that: ''The judge first
appointed for the district of Kansas under the authority contained in
subsection (a) (amending this section) shall reside at Wichita.''
Ex. Ord. No. 12084, Sept. 27, 1978, 43 F.R. 44815, as amended by Ex.
Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which established the
Judicial Nominating Commission for the District of Puerto Rico and
provided for its membership, functions, etc., was revoked by Ex. Ord.
No. 12305, May 5, 1981, 46 F.R. 25421, set out as a note under section
14 of the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which provided
standards and guidelines for the selection of nominees for United States
district court judgeships, was revoked by Ex. Ord. No. 12553, Feb. 25,
1986, 51 F.R. 7237.
Assignment of district judges to other districts or courts, see
section 292 et seq. of this title.
Guam and Virgin Islands, appointment and number of district judges,
see sections 1424b and 1614 of Title 48, Territories and Insular
Possessions.
Judges to hold office during good behavior, see Const., Art. 3, 1
and section 134 of this title.
Oath of judge, see section 453 of this title.
28 USC 134. Tenure and residence of district judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district judges shall hold office during good behavior.
(b) Each district judge, except in the District of Columbia, shall
reside in the district or one of the districts for which he is
appointed.
(c) If the public interest and the nature of the business of a
district court require that a district judge should maintain his abode
at or near a particular place for holding court in the district or
within a particular part of the district the judicial council of the
circuit may so declare and may make an appropriate order. If the
district judges of such a district are unable to agree as to which of
them shall maintain his abode at or near the place or within the area
specified in such an order the judicial council of the circuit may
decide which of them shall do so.
(June 25, 1948, ch. 646, 62 Stat. 896; Aug. 3, 1949, ch. 387,
2(b)(1), 63 Stat. 495; Feb. 10, 1954, ch. 6, 2(b)(13)(a), 68 Stat.
12; Mar. 18, 1959, Pub. L. 86-3, 9(c), 73 Stat. 8; May 19, 1961, Pub.
L. 87-36, 2(e)(3), 75 Stat. 83; Sept. 12, 1966, Pub. L. 89-571, 1, 80
Stat. 764; Dec. 18, 1971, Pub. L. 92-208, 3(e), 85 Stat. 742.)
Based on title 28, U.S.C., 1940 ed., 1 and section 863 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900,
ch. 191, 34, 31 Stat. 84; Mar. 3, 1911, ch. 231, 1, 36 Stat. 1087;
Jan. 7, 1913; ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38 Stat.
580; Mar. 2, 1917, ch. 145, 41, 39 Stat. 965; Mar. 4, 1921, ch. 161,
1, 41 Stat. 1412; Sept. 14, 1922, ch. 306, 1, 42 Stat. 837; Mar. 26,
1938, ch. 51, 2, 52 Stat. 118).
Section consolidates the last paragraph of section 1 of title 28,
U.S.C., 1940 ed., with portions of section 863 of title 48, U.S.C., 1940
ed., with changes in phraseology necessary to effect consolidation.
Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to
the number of judges in the various districts are incorporated in
section 133 of this title.
A portion of section 863 of title 48, U.S.C., 1940 ed., is retained
in said title 48. For remainder of section 863, see Distribution Table.
The exception in subsection (b) ''except in the District of
Columbia'' conforms with the recent decision in U.S. ex. rel. Laughlin
v. Eicher, 1944, 56 F.Supp. 972, holding that residence requirement of
section 1 of title 28, U.S.C., 1940 ed., did not apply to district
judges in the District of Columbia. (See reviser's note under section
44 of this title.)
The clause in said last paragraph of section 1 of title 28 providing
that any district judge, who violates the residence requirement, shall
be deemed guilty of a high misdemeanor, was omitted. This penalty
provision was attached to the residence requirement at the time of
compilation of the Revised Statutes of 1878, although it is apparent
that Congress only intended that the penalty should be invoked upon the
unauthorized practice of law. See U.S. ex. rel. Laughlin v. Eicher,
supra, in which an outline of the history of said section 1 of title 28
is given.
1971 -- Subsec. (c). Pub. L. 92-208 struck out provision requiring
that one of the district judges for the Eastern District of Louisiana
reside in East Baton Rouge Parish, Louisiana.
1966 -- Subsec. (a). Pub. L. 89-571 struck out provisions which
excepted district judges in Puerto Rico from tenure during good behavior
and which instead set eight-year terms for them to be served until their
successors were appointed and qualified.
1961 -- Subsec. (c). Pub. L. 87-36 required the residence of one of
the district judges for the Eastern District of Louisiana to be in East
Baton Rouge Parish, Louisiana.
1959 -- Subsec. (a). Pub. L. 86-3 struck out provisions which
limited district judges in Hawaii to a term of six years.
1954 -- Subsecs. (a) and (b) reenacted without change by act Feb.
10, 1954.
Subsec. (c). Act Feb. 10, 1954, substituted entirely new provisions
giving the judicial council of the circuit the authority to determine
residence of district judges when it is in the public interest and the
nature of the business of the district court necessitates the presence
of a judge at or near a particular place for holding court in the
district or within a particular part of the district, for former
provisions relating to residence of one of the district judges for the
District of Kansas.
Subsecs. (d), (e). Act Feb. 10, 1954, struck out subsecs. (d) and
(e) which related to residence of one of the district judges for the
Southern District of California and one of the district judges for the
Southern District of Texas.
1949 -- Subsecs. (c) to (e). Act Aug. 3, 1949, added subsecs. (c)
to (e).
Amendment by Pub. L. 92-208 effective 120 days after Dec. 18, 1971,
see section 3(f) of Pub. L. 92-208, set out as a note under section 98
of this title.
Amendment by Pub. L. 86-3 effective on admission of Hawaii into the
Union, see Effective Date of 1959 Amendment note set out under section
133 of this title. Admission of Hawaii into the Union was accomplished
Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25
F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L.
86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section
491 of Title 48, Territories and Insular Possessions.
Section 4 of Pub. L. 89-571 provided that: ''The amendments made by
this section to sections 134 and 373 of title 28, United States Code,
shall not affect the tenure of office or right to continue to receive
salary after resignation, retirement, or failure of reappointment of any
district judge for the district of Puerto Rico who is in office on the
date of enactment of this Act (Sept. 12, 1966).''
Section 2(b)(13)(b) of act Feb. 10, 1954, provided: ''Orders made
by the judicial councils of the circuits under the second sentence of
subsection (c) of section 134 of Title 28, as amended by this section,
determining that a specified district judge shall maintain his abode at
or near a place or within an area which the council has theretofore
designated for the abode of a district judge under the first sentence of
such subsection, shall be applicable only to district judges appointed
after the enactment of this act (Feb. 10, 1954).''
Guam district judges, tenure and residence, see section 1424b of
Title 48, Territories and Insular Possessions.
Judges to hold office during good behavior, see Const., Art. 3, 1.
Official station of district judges, see section 456 of this title.
Virgin Islands district judge, tenure, see section 1614 of Title 48,
Territories and Insular Possessions.
28 USC 135. Salaries of district judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each judge of a district court of the United States shall receive a
salary at an annual rate determined under section 225 of the Federal
Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of
this title.
(June 25, 1948, ch. 646, 62 Stat. 897; Mar. 2, 1955, ch. 9, 1(c),
69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, 403(c), 78 Stat.
434; Aug. 9, 1975, Pub. L. 94-82, title II, 205(b)(3), 89 Stat. 422.)
Based on title 28, U.S.C., 1940 ed., 5, and District of Columbia
Code, 1940 ed., 11-302 (Mar. 3, 1911, ch. 231, 2, 36 Stat. 1087; Feb.
25, 1919, ch. 29, 1, 40 Stat. 1156; Dec. 13, 1926, ch. 6, 44 Stat.
919; May 17, 1932, ch. 190, 47 Stat. 158; July 31, 1946, ch. 704, 1,
60 Stat. 716).
Section consolidates section 5 of title 28, U.S.C., 1940 ed., and
section 11-302 of the District of Columbia Code, 1940 ed.
''Chief judge,'' in the District of Columbia, was substituted for
''Chief Justice'' which appeared in section 11-302 of the District of
Columbia Code. (See reviser's note under section 136 of this title.)
Words ''to be paid in monthly installments'' were omitted, since the
time of payment is a matter of administrative convenience. See 20 Comp.
Gen. 834.
The provision of section 5 of title 28, U.S.C., 1940 ed., for
salaries of judges of the district court of Alaska was omitted as
covered by section 101 of Title 48, U.S.C., 1940 ed., Territories and
Insular Possessions, as amended by a separate section in the bill to
enact this revised title. The provision of said section for salary of
the Virgin Islands district judge was omitted as covered by section 5a
of title 28, U.S.C., 1940 ed., as amended by a separate section in the
bill to enact this revised title. Such section 5a is recommended for
transfer to title 48, U.S.C., 1940 ed., because of the dual nature of
the Virgin Islands district court.
For salary of the district judge of Canal Zone district court, see
section 1348 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions.
Changes were made in phraseology.
Section 225 of the Federal Salary Act of 1967, referred to in text,
is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat. 642, as
amended, which is classified to chapter 11 ( 351 et seq.) of Title 2,
The Congress.
1975 -- Pub. L. 94-82 substituted provision that each judge of a
district court shall receive a salary at an annual rate determined under
section 225 of the Federal Salary Act of 1967, as adjusted by section
461 of this title, for provision that each such judge receive a salary
of $30,000.
1964 -- Pub. L. 88-426 increased the salary of the district court
judges from $22,500 to $30,000, and that of the chief judge of the
District Court for the District of Columbia from $23,000 to $30,500.
1955 -- Act Mar. 2, 1955, increased the salaries of the district
court judges from $15,000 to $22,500 a year and increased the salary of
the chief judge of the District Court for the District of Columbia from
$15,500 to $23,000 a year.
Amendment by Pub. L. 88-426 effective on the first day of the first
pay period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub.
L. 88-426.
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section
5 of act Mar. 2, 1955, set out as a note under section 31 of Title 2,
The Congress.
1993 -- Salaries of district judges increased to $133,600 per annum,
effective on first day of first pay period beginning on or after Jan.
1, 1993, by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, set out
as a note under section 5332 of Title 5, Government Organization and
Employees.
1992 -- Salaries of district judges increased to $129,500 per annum,
effective on first day of first pay period beginning on or after Jan.
1, 1992, by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453,
formerly set out as a note under section 5332 of Title 5.
1991 -- Salaries of district judges increased to $125,100 per annum,
effective on first day of first pay period beginning on or after Jan.
1, 1991, by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385,
formerly set out as a note under section 5332 of Title 5.
1990 -- Salaries of district judges continued at $89,500 per annum,
and increased to $96,600, effective on first day of first pay period
beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23,
1989, 54 F.R. 53473, formerly set out as a note under section 5332 of
Title 5.
1989 -- Salaries of district judges increased in the amount of 25
percent of their rates (as last in effect before the increase),
effective Jan. 1, 1991, see Pub. L. 101-194, title VII, 703(a)(3),
Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of
Title 5.
Salaries of district judges continued at $89,500 per annum by Ex.
Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note
under section 5332 of Title 5.
1988 -- Salaries of district judges continued at $89,500 per annum by
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a
note under section 5332 of Title 5.
1987 -- Salaries of district judges increased to $89,500 per annum,
on recommendation of the President of the United States, see note set
out under section 358 of Title 2, The Congress.
Salaries of district judges increased to $81,100 effective on first
day of first pay period beginning on or after Jan. 1, 1987, by Ex.
Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note
under section 5332 of Title 5, Government Organization and Employees.
1985 -- Salaries of district judges increased to $78,700 effective on
first day of first pay period beginning on or after Jan. 1, 1985, by
Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex.
Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note
under section 5332 of Title 5.
1984 -- Salaries of district judges increased to $76,000 effective on
first day of first pay period beginning on or after Jan. 1, 1984, by
Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord.
No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14,
1984, 49 F.R. 36493, formerly set out as a note under section 5332 of
Title 5.
1982 -- Salaries of district judges increased to $73,100 effective on
first day of first pay period beginning on or after Oct. 1, 1982, by
Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided
that pursuant to section 140 of Pub. L. 97-92 funds are not available
to pay a salary at a rate which exceeds the rate in effect on Dec. 15,
1981, which was $70,300.
Maximum rate payable after Dec. 17, 1982, increased from $70,300 to
$73,100, see Pub. L. 97-377, title I, 129(b)-(d), Dec. 21, 1982, 96
Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(e) of Pub. L.
97-276, as amended, set out as a note under section 5318 of Title 5.
1981 -- Salaries of district judges increased to $70,300 effective on
first day of first pay period beginning on or after Oct. 1, 1981, by
Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as
a note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see sections 101(g) and 141 of Pub.
L. 97-92, set out as a note under section 5318 of Title 5.
1980 -- Salaries of district judges increased to $67,100 effective on
first day of first pay period beginning on or after Oct. 1, 1980, by
Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as
a note under section 5332 of Title 5. Ex. Ord. No. 12248 further
provided that pursuant to Pub. L. 96-369 funds are not available to pay
a salary at a rate which exceeds the rate in effect on Sept. 30, 1980,
which was $57,497.50.
Limitations on use of funds for fiscal year ending Sept. 30, 1981,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(c) of Pub. L.
96-536, as amended, set out as a note under section 5318 of Title 5.
1979 -- Salaries of district judges increased to $61,500 effective on
first day of first pay period beginning on or after Oct. 1, 1979, by
Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex.
Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided
that pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980
may not be used to pay a salary at a rate which exceeds an increase of
5.5 percent over the applicable rate payable for such position or office
in effect on Sept. 30, 1978, which was $57,497.50 for district judges.
Applicability to funds appropriated by any Act for fiscal year ending
Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use
of funds to pay the salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above Level V of
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978 -- Salaries of district judges increased to $57,500 effective on
first day of first pay period beginning on or after Oct. 1, 1978, by
Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12087, further
provided that pursuant to the Legislative Branch Appropriation Act, 1979
(Pub. L. 95-391, title III, 304, Sept. 30, 1978, 92 Stat. 788, set out
as a note under section 5318 of Title 5), funds are not available to pay
a salary at a rate which exceeds the rate in effect on Sept. 30, 1978,
which was $54,500.
1977 -- Salaries of district judges increased to $54,500 per annum,
on recommendation of the President of the United States, see note set
out under section 358 of Title 2, The Congress.
1976 -- Salaries of district judges increased to $44,000 effective on
first day of first pay period beginning on or after Oct. 1, 1976, by
Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a
note under section 5332 of Title 5, Government Organization and
Employees. Ex. Ord. No. 11941, further provided that pursuant to the
Legislative Branch Appropriation Act, 1977, funds are not available to
pay a salary at a rate which exceeds the rate in effect on Sept. 30,
1976, which was $42,000.
1975 -- Salaries of district judges increased to $42,000 effective on
first day of first pay period beginning on or after Oct. 1, 1975, by
Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a
note under section 5332 of Title 5.
1969 -- Salary of judge increased from $30,000 to $40,000 per annum,
commencing Feb. 14, 1969, on recommendation of the President of the
United States, see note set out under section 358 of Title 2, The
Congress.
1946 -- Salary of chief judge of District Court for the District of
Columbia increased from $10,500 to $15,500 a year, and the salaries of
all other district court judges increased from $10,000 to $15,000 a year
by act July 31, 1946, ch. 704, 1, 60 Stat. 716.
1926 -- Salary of the chief judge of the District Court of the
District of Columbia increased from $7,500 to $10,500 a year, and the
salaries of all other district court judges increased from $7,500 to
$10,000 a year by act Dec. 13, 1926, ch. 6, 1, 44 Stat. 919.
1919 -- Salaries of district court judges increased from $6,000 to
$7,500 a year by act Feb. 25, 1919, ch. 29, 1, 40 Stat. 1156.
Salaries of the chief justice and associate justices of the Supreme
Court of the District of Columbia, the forerunner of the District Court
for the District of Columbia, were set at $5,000 by act Mar. 3, 1901,
ch. 854, 1, 30 Stat. 1199, and increased to $7,500 a year by act Feb.
25, 1919, ch. 29, 1, 40 Stat. 1156.
1911 -- Salaries of district court judges had been set at $6,000 a
year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, 1, 36
Stat. 1087.
Compensation not to be diminished during continuance in office, see
Const. Art. 3, 1.
Guam district judge, salary, see section 1424b of Title 48,
Territories and Insular Possessions.
Retirement of judges, see section 371 et seq. of this title.
Virgin Islands district judge, salary, see section 1614 of Title 48,
Territories and Insular Possessions.
28 USC 136. Chief judges; precedence of district judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) In any district having more than one district judge, the chief
judge of the district shall be the district judge in regular active
service who is senior in commission of those judges who --
(A) are sixty-four years of age or under;
(B) have served for one year or more as a district judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no district judge meets the
qualifications of paragraph (1), the youngest district judge in regular
active service who is sixty-five years of age or over and who has served
as district judge for one year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no district
judge in regular active service who has served as a district judge for
one year or more, the district judge in regular active service who is
senior in commission and who has not served previously as chief judge
shall act as the chief judge.
(3)(A) Except as provided in subparagraph (C), the chief judge of the
district appointed under paragraph (1) shall serve for a term of seven
years and shall serve after expiration of such term until another judge
is eligible under paragraph (1) to serve as chief judge of the district.
(B) Except as provided in subparagraph (C), a district judge acting
as chief judge under subparagraph (A) or (B) of paragraph (2) shall
serve until a judge has been appointed who meets the qualifications
under paragraph (1).
(C) No district judge may serve or act as chief judge of the district
after attaining the age of seventy years unless no other district judge
is qualified to serve as chief judge of the district under paragraph (1)
or is qualified to act as chief judge under paragraph (2).
(b) The chief judge shall have precedence and preside at any session
which he attends.
Other district judges shall have precedence and preside according to
the seniority of their commissions. Judges whose commissions bear the
same date shall have precedence according to seniority in age.
(c) A judge whose commission extends over more than one district
shall be junior to all district judges except in the district in which
he resided at the time he entered upon the duties of his office.
(d) If the chief judge desires to be relieved of his duties as chief
judge while retaining his active status as district judge, he may so
certify to the Chief Justice of the United States, and thereafter, the
chief judge of the district shall be such other district judge who is
qualified to serve or act as chief judge under subsection (a).
(e) If a chief judge is temporarily unable to perform his duties as
such, they shall be performed by the district judge in active service,
present in the district and able and qualified to act, who is next in
precedence.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, 37,
65 Stat. 723; Aug. 6, 1958, Pub. L. 85-593, 2, 72 Stat. 497; Apr. 2,
1982, Pub. L. 97-164, title II, 202, 96 Stat. 52.)
Based on title 28, U.S.C., 1940 ed., 375 and District of Columbia
Code, 1940 ed., 11-301 (Mar. 3, 1901, ch. 854, 60, 61, 31 Stat.
1199; Mar. 3, 1911, ch. 231, 260, 36 Stat. 1161; Mar. 3, 1911, ch.
231, 289, 32 Stat. 1167; Feb. 25, 1919, ch. 29, 6, 40 Stat. 1157;
Dec. 20, 1928, ch. 41, 45 Stat. 1056; Mar. 1, 1929, ch. 419, 45 Stat.
1422; June 19, 1930, ch. 537, 46 Stat. 785; May 31, 1938, ch. 290, 5,
52 Stat. 584).
Section consolidates portions of section 375 of title 28, U.S.C.,
1940 ed., and section 11-301 of the District of Columbia Code, 1940 ed.
The provisions of said section 375 relating to resignation and
retirement of judges, and appointment of court officers, are
incorporated in sections 294, 371, and 756 of this title. Other
provisions of said section 11-301 of the District of Columbia Code are
incorporated in section 133 of this title.
Subsection (a), providing for a ''chief judge'' is new. Such term
replaces the terms ''senior district judge,'' and ''Chief Justice'' of
the District Court in the District of Columbia. It is employed in view
of the great increase of administrative duties of such judge. The use
of the term ''chief judge'' with respect to the District of Columbia
will result in uniform nomenclature for all district courts. The
district judges of that court have expressed approval of such
designation.
The provision in said section 11-301 of the District of Columbia
Code, 1940 ed., that the ''Chief Justice'' shall be appointed by the
President, by and with the advice and consent of the Senate, was omitted
for the purpose of establishing a uniform method of creating the
position of chief judge in all districts. The District of Columbia is
expressly made a judicial district by section 88 of this title.
Subsection (b) is new and conforms with similar provisions respecting
associate justices of the Supreme Court and circuit judges in sections 4
and 45 of this title.
Subsection (c) is from the proviso in the second paragraph of section
375 of title 28, U.S.C., 1940 ed., which applied only in cases of
appointment of court officers. Here it is made applicable to all
district judges.
Subsections (d) and (e) are new, and conform with section 44 of this
title relating to precedence of circuit judges.
The official status of the Chief Justice of the District Court for
the District of Columbia holding office at the effective date of this
act is preserved by section 2 of the bill to enact revised title 28.
1982 -- Subsec. (a). Pub. L. 97-164, 202(a), designated existing
first sentence of subsec. (a) as par. (1), substituted ''In any
district having more than one district judge, the chief judge of the
district shall be the district judge in regular active service who is
senior in commission of those judges who -- (A) are sixty-four years of
age or under; (B) have served for one year or more as a district judge;
and (C) have not served previously as chief judge'' for ''In each
district having more than one judge the district judge in regular active
service who is senior in commission and under seventy years of age shall
be the chief judge of the district court'' in par. (1) as so
designated, designated existing second sentence of subsec. (a) as par.
(2)(A), substituted ''In any case in which no district judge meets the
qualifications of paragraph (1), the youngest district judge in regular
active service who is sixty-five years of age or over and who has served
as district judge for one year or more shall act as the chief judge''
for ''If all the district judges in regular active service are seventy
years of age or older the youngest shall act as chief judge until a
judge has been appointed and qualified who is under seventy years of
age, but a judge may not act as chief judge until he has served as a
district judge for one year'' in par. (2)(A) as so designated, and
added pars. (2)(B) and (3).
Subsec. (d). Pub. L. 97-164, 202(b), substituted ''and thereafter,
the chief judge of the district shall be such other district judge who
is qualified to serve or act as chief judge under subsection (a)'' for
''and thereafter the district judge in active service next in precedence
and willing to serve shall be designated by the Chief Justice as the
chief judge of the district court''.
1958 -- Subsec. (a). Pub. L. 85-593 provided that chief judges of
district courts cease to serve as such upon reaching the age of seventy,
that the youngest district judge act as chief judge where all district
judges in regular active service are seventy years or older until a
judge under seventy has been appointed and qualified, and that district
judge must have served one year before acting as chief judge.
1951 -- Subsec. (a). Act Oct. 31, 1951, inserted ''in active
service who is''.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 85-593 effective at expiration of one year from
Aug. 6, 1958, see section 3 of Pub. L. 85-593, as amended, set out as
a note under section 45 of this title.
Amendment by Pub. L. 97-164 not to apply or affect any person
serving as chief judge on the effective date of Pub. L. 97-164 (Oct.
1, 1982), and the provisions of subsec. (a) of this section as in
effect on the day before the effective date of part A of title II of
Pub. L. 97-164 (Oct. 1, 1982) applicable to the chief judge of a
district court serving on such effective date, see section 203 of Pub.
L. 97-164, set out as a note under section 45 of this title.
28 USC 137. Division of business among district judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The business of a court having more than one judge shall be divided
among the judges as provided by the rules and orders of the court.
The chief judge of the district court shall be responsible for the
observance of such rules and orders, and shall divide the business and
assign the cases so far as such rules and orders do not otherwise
prescribe.
If the district judges in any district are unable to agree upon the
adoption of rules or orders for that purpose the judicial council of the
circuit shall make the necessary orders.
(June 25, 1948, ch. 646, 62 Stat. 897.)
Based on title 28, U.S.C., 1940 ed., 27 (Mar. 3, 1911, ch. 231, 23,
36 Stat. 1090).
Section was rewritten and the practice simplified. It provided for
division of business and assignment of cases by agreement of judges and,
in case of inability to agree, that the senior circuit judge of the
circuit should make necessary orders.
The revised section is consistent with section 332 of this title,
that the last paragraph of which requires the judicial council to make
all necessary orders for the effective and expeditious administration of
the business of the courts within the circuit.
28 USC 138. Terms abolished
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district court shall not hold formal terms.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L.
88-139, 1, 77 Stat. 248.)
This section was substituted for a number of special provisions
fixing stated times for holding terms of court in the several districts,
in order to vest in the courts wider discretion and promote greater
efficiency in the administration of the business of such courts.
1963 -- Pub. L. 88-139 substituted ''The district court shall not
hold formal terms'' for ''The times for holding regular terms of court
at the places fixed by this chapter shall be determined by rule of the
district court'' in text, and ''Terms abolished'' for ''Times for
holding regular terms'' in section catchline.
28 USC 139. Times for holding regular sessions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The times for commencing regular sessions of the district court for
transacting judicial business at the places fixed by this chapter shall
be determined by the rules or orders of the court. Such rules or orders
may provide that at one or more of such places the court shall be in
continuous session for such purposes on all business days throughout the
year. At other places a session of the court shall continue for such
purposes until terminated by order of final adjournment or by
commencement of the next regular session at the same place.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L.
88-139, 1, 77 Stat. 248.)
The purpose of this section is to remove all doubt as to whether the
mere beginning of a new term at one place ends a prior term begun at
another place. As revised, it conforms to a uniform course of judicial
decisions. See U.S. v. Perlstein, 39 F.Supp. 965, 968 (D.C.N.J. 1941),
and cases cited.
1963 -- Pub. L. 88-139 substituted provisions requiring the times
for commencing regular sessions of the district court to be determined
by the rules or orders of the court, authorizing such rules or orders to
provide that at one or more of the places fixed by this chapter, the
court shall be in continuous session on all business days throughout the
year, and that at other places, a session continues until terminated by
order of final adjournment or by commencement of the next regular
session at the same place, for provisions that a term continues until
terminated by order of final adjournment or by commencement of the next
term at the same place, in the text, and ''Times for holding regular
sessions'' for ''Term continued until terminated'' in section catchline.
District courts always open, see rule 77, Appendix to this title.
Virgin Islands district courts, times for holding sessions, see
section 1615 of Title 48, Territories and Insular Possessions.
Courts always open, see section 452 of this title.
28 USC 140. Adjournment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any district court may, by order made anywhere within its
district, adjourn or, with the consent of the judicial council of the
circuit, pretermit any regular session of court for insufficient
business or other good cause.
(b) If the judge of a district court is unable to attend and unable
to make an order of adjournment, the clerk may adjourn the court to the
next regular session or to any earlier day which he may determine.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L.
88-139, 1, 77 Stat. 248.)
Based on title 28, U.S.C., 1940 ed., 16, 146, 182 (Mar. 3, 1911,
ch. 231, 12, 73, 101, 36 Stat. 1088, 1108, 1122; June 12, 1916, ch.
143, 39 Stat. 225; Feb. 20, 1917, ch. 102, 39 Stat. 927; June 13,
1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40 Stat. 1184; May
29, 1924, ch. 209, 43 Stat. 243; June 5, 1924, ch. 259, 43 Stat. 387;
Jan. 10, 1925, chs. 68, 69, 43 Stat. 730, 731; Feb. 16, 1925, ch. 233,
1, 43 Stat. 945; May 7, 1926, ch. 255, 44 Stat. 408; Apr. 21, 1928,
ch. 395, 45 Stat. 440; Mar. 2, 1929, ch. 539, 45 Stat. 1518; June 28,
1930, ch. 714, 46 Stat. 829; May 13, 1936, ch. 386, 49 Stat. 1271;
Aug. 12, 1937, ch. 595, 50 Stat. 625).
Section consolidates section 16 with the third sentence of section
146, and the final proviso in the third paragraph of section 182, all of
title 28, U.S.C., 1940 ed.
Said section 16 of title 28 provided for adjournment by the marshal,
or clerk, on written order of the judge, in case of inability of the
district judge to attend at the commencement of any regular, adjourned
or special term, or any time during such term. Said sections 146 and
182 thereof, related to the district courts of Colorado and Oklahoma,
only, and contained special provisions for adjournment. Subsection (b)
omits the requirement of written order where the judge is unable to make
such order.
The revised section broadens these provisions, and vests
discretionary power in the court, by order made anywhere within the
district, to adjourn any term of court ''for insufficient business or
other good cause.'' To establish uniformity, the special provisions
relating to Colorado and Oklahoma were omitted.
Other provisions of said sections 146 and 182 of title 28, U.S.C.,
1940 ed., are incorporated in sections 85 and 116 of this title.
The provision of subsection (a) authorizing the district court, with
the consent of the judicial council of the circuit, to pretermit any
term of court for insufficient business or other good cause, is inserted
to obviate the expense and inconvenience of convening and adjourning a
term for which no need exists.
1963 -- Subsecs. (a), (b). Pub. L. 88-139 substituted ''session''
for ''term''.
28 USC 141. Special sessions; places; notice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Special sessions of the district court may be held at such places in
the district as the nature of the business may require, and upon such
notice as the court orders.
Any business may be transacted at a special session which might be
transacted at a regular session.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L.
88-139, 1, 77 Stat. 248.)
Based on title 28, U.S.C., 1940 ed., 15 (Mar. 3, 1911, ch. 231, 11,
36 Stat. 1089).
Section was rewritten to include provision that notice of special
terms should conform to rules approved by the judicial council of the
circuit, thus insuring a uniform practice among the courts for convening
special terms.
Changes of phraseology were made.
1963 -- Pub. L. 88-139 substituted ''sessions'' for ''terms'' and
''session'' for ''term'' wherever appearing in text and section
catchline, and struck out ''pursuant to rules approved by the judicial
council of the circuit'' after ''court orders'' in text.
Virgin Islands district courts, times for holding sessions, see
section 1615 of Title 48, Territories and Insular Possessions.
28 USC ( 142. Repealed. Pub. L. 97-164, title I, 115(c)(3), Apr. 2,
1982, 96 Stat. 32)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, acts June 25, 1948, ch. 646, 62 Stat. 898; Oct. 9, 1962,
Pub. L. 87-764, 76 Stat. 762; Nov. 19, 1977, Pub. L. 95-196, 91
Stat. 1420, related to the providing of accommodations at places for
holding court. See section 462 of this title.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
The limitations and restrictions contained in this section prior to
its repeal were waived with respect to the holding of court at certain
places by the following Acts:
Pub. L. 87-833, Oct. 15, 1962, 76 Stat. 959, related to Akron,
Ohio.
Pub. L. 87-699, Sept. 25, 1962, 76 Stat. 598, related to Richland,
Washington.
Pub. L. 87-562, 4, July 30, 1962, 76 Stat. 248, related to Fort
Myers, Saint Petersburg, Fort Pierce, and West Palm Beach, Florida.
Pub. L. 87-560, July 27, 1962, 76 Stat. 247, related to Marshall,
Texas.
Pub. L. 87-559, July 27, 1962, 76 Stat. 246, related to Decatur,
Alabama.
Pub. L. 87-553, July 27, 1962, 76 Stat. 222, related to Winchester,
Tennessee.
Pub. L. 87-551, July 27, 1962, 76 Stat. 221, related to Bridgeport,
Connecticut.
Pub. L. 87-337, Oct. 3, 1961, 75 Stat. 750, related to Lafayette,
Louisiana.
Pub. L. 87-36, 3(g), May 19, 1961, 75 Stat. 83, related to
Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg,
Tennessee.
Pub. L. 86-366, Sept. 22, 1959, 73 Stat. 647, related to Durant,
Oklahoma.
Act July 20, 1956, ch. 657, 70 Stat. 594, related to Bryson City,
North Carolina.
Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, related to Klamath
Falls, Oregon.
Act Aug. 21, 1950, ch. 767, 64 Stat. 469, related to Newnan,
Georgia.
Act Aug. 10, 1950, ch. 675, 2, 64 Stat. 438, related to Rock
Island, Illinois.
Act Oct. 26, 1949, ch. 744, 63 Stat. 923, related to Thomasville,
Georgia.
Act Oct. 26, 1949, ch. 740, 63 Stat. 921, related to Brunswick,
Georgia.
28 USC 143. Vacant judgeship as affecting proceedings
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
When the office of a district judge becomes vacant, all pending
process, pleadings and proceedings shall, when necessary, be continued
by the clerk until a judge is appointed or designated to hold such
court.
(June 25, 1948, ch. 646, 62 Stat. 898.)
Based on title 28, U.S.C., 1940 ed., 26 (Mar. 3, 1911, ch. 231, 22,
36 Stat. 1090).
The last clause of section 26 of title 28, U.S.C., 1940, ed.,
prescribing the powers of a designated judge was omitted as covered by
section 296 of this title.
Minor changes were made in phraseology.
28 USC 144. Bias or prejudice of judge
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Whenever a party to any proceeding in a district court makes and
files a timely and sufficient affidavit that the judge before whom the
matter is pending has a personal bias or prejudice either against him or
in favor of any adverse party, such judge shall proceed no further
therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief
that bias or prejudice exists, and shall be filed not less than ten days
before the beginning of the term at which the proceeding is to be heard,
or good cause shall be shown for failure to file it within such time. A
party may file only one such affidavit in any case. It shall be
accompanied by a certificate of counsel of record stating that it is
made in good faith.
(June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, 65,
63 Stat. 99.)
Based on title 28, U.S.C., 1940 ed., 25 (Mar. 3, 1911, ch. 231, 21,
36 Stat. 1090).
The provision that the same procedure shall be had when the presiding
judge disqualifies himself was omitted as unnecessary. (See section 291
et seq. and section 455 of this title.)
Words, ''at which the proceeding is to be heard,'' were added to
clarify the meaning of words, ''before the beginning of the term.'' (See
U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)
Changes were made in phraseology and arrangement.
This amendment clarifies the intent in section 144 of title 28,
U.S.C., to conform to the law as it existed at the time of the enactment
of the revision limiting the filing of affidavits of prejudice to one
such affidavit in any case.
1949 -- Act May. 24, 1949, substituted ''in any case'' for ''as to
any judge'' in second sentence of second par.
For abolition of formal terms of the court and replacement by
sessions, see sections 138 and 139 of this title.
28 USC CHAPTER 6 -- BANKRUPTCY JUDGES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
151. Designation of bankruptcy courts.
152. Appointment of bankruptcy judges.
153. Salaries; character of service.
154. Division of business; chief judge. /1/
155. Temporary transfer of bankruptcy judges.
156. Staff; expenses.
157. Procedures.
158. Appeals.
A prior chapter 6, consisting of sections 151 to 160, which was added
by Pub. L. 95-598, title II, 201(a), Nov. 6, 1978, 92 Stat. 2657, as
amended by Pub. L. 97-164, title I, 110(d), Apr. 2, 1982, 96 Stat.
29, and which related to bankruptcy courts, 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.
Pub. L. 95-598, title IV, 404, Nov. 6, 1978, 92 Stat. 2683, as
amended by Pub. L. 98-249, 1(b), Mar. 31, 1984, 98 Stat. 116; Pub.
L. 98-271, 1(b), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, 1(b),
May 25, 1984, 98 Stat. 214; Pub. L. 98-325, 1(b), June 20, 1984, 98
Stat. 268; Pub. L. 98-353, title I, 121(b), July 10, 1984, 98 Stat.
345, which provided that, for purposes of Pub. L. 95-598, which enacted
Title 11, Bankruptcy, and the amendments made by Pub. L. 95-598, the
courts of bankruptcy as defined under section 1(10) of former Title 11,
created under section 11(a) of former Title 11, and existing on Sept.
30, 1979, continue to be courts of bankruptcy during the transition
period beginning Oct. 1, 1979, and ending July 9, 1984, made provision
for extension of the term of office of referees in bankruptcy serving on
Nov. 6, 1978, and for such a referee to have the title of United States
bankruptcy judge, established for each State a merit screening committee
to pass on qualifications of such a referee and determine if the term of
such a referee should be extended, and set forth the rules and
provisions applicable to United States bankruptcy judges during the
transition period, was repealed by Pub. L. 98-353, title I, 114,
122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984.
Pub. L. 95-598, title IV, 406, Nov. 6, 1978, 92 Stat. 2686, as
amended by Pub. L. 98-249, 1(c), Mar. 31, 1984, 98 Stat. 116; Pub.
L. 98-271, 1(c), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, 1(c),
May 25, 1984, 98 Stat. 214; Pub. L. 98-325, 1(c), June 20, 1984, 98
Stat. 268; Pub. L. 98-353, title I, 121(c), July 10, 1984, 98 Stat.
346, which provided that during the transition period, Oct. 1, 1979, to
July 9, 1984, the Director of the Administrative Office of the United
States Courts make continuing studies and surveys in the judicial
districts to determine the number of bankruptcy judges needed after July
9, 1984, to provide for the expeditious and effective administration of
justice, their regular places of offices, and the places where the court
was to be held, and that the Director report to the judicial councils of
the circuits and the Judicial Conference of the United States his
recommendations, the judicial councils advise the Conference of their
recommendations, and the Conference recommend to the Congress and the
President, before Jan. 3, 1983, the number of bankruptcy judges needed
after July 9, 1984, and the locations at which they were to serve, was
repealed by Pub. L. 98-353, title I, 114, 122(a), July 10, 1984, 98
Stat. 343, 346, eff. July 10, 1984.
Pub. L. 95-598, title IV, 407, Nov. 6, 1978, 92 Stat. 2686, which
provided that the Director of the Administrative Office of the United
States Courts appoint a committee of not fewer than seven United States
bankruptcy judges to advise the Director with respect to matters arising
during the transition period or that are relevant to the purposes of the
transition period, and directed that during the transition period, the
chief judge of each circuit summon at least one bankruptcy judge from
each judicial district within the circuit to the judicial conference of
such circuit called and held under section 332 of this title, was
repealed by Pub. L. 98-353, title I, 114, 122(a), July 10, 1984, 98
Stat. 343, 346, eff. July 10, 1984.
Section 121(e) of Pub. L. 98-353 provided that: ''The term of
office of any bankruptcy judge who was serving on June 27, 1984, is
extended to and shall expire at the end of the day of enactment of this
Act (July 10, 1984).''
(Section 121(e) of Pub. L. 98-353 effective June 27, 1984, see
section 122(c) of Pub. L. 98-353, set out as an Effective Date note
under section 151 of this title.)
For prior extensions of the term of office of bankruptcy judges see:
Pub. L. 98-325, 2, June 20, 1984, 98 Stat. 268.
Pub. L. 98-299, 2, May 25, 1984, 98 Stat. 214.
Pub. L. 98-271, 2, Apr. 30, 1984, 98 Stat. 163.
Pub. L. 98-249, 2, Mar. 31, 1984, 98 Stat. 116.
title 11 section 105; title 18
section 6001.
/1/ So in original. Does not conform to section catchline.
28 USC 151. Designation of bankruptcy courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
In each judicial district, the bankruptcy judges in regular active
service shall constitute a unit of the district court to be known as the
bankruptcy court for that district. Each bankruptcy judge, as a
judicial officer of the district court, may exercise the authority
conferred under this chapter with respect to any action, suit, or
proceeding and may preside alone and hold a regular or special session
of the court, except as otherwise provided by law or by rule or order of
the district court.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
336.)
Section 122 of title I of Pub. L. 98-353 provided that:
''(a) Except as otherwise provided in this section, this title and
the amendments made by this title (enacting this chapter and sections
1408 to 1412 and 1452 of this title, amending sections 372, 634, 957,
1334, 1360, and 1930 of this title, sections 8331, 8334, 8336, 8339,
8341, and 8344 of Title 5, Government Organization and Employees, and
section 105 of Title 11, Bankruptcy, enacting provisions set out as
notes preceding section 151 of this title and under sections 151 to 153,
634, and 1334 of this title and section 8331 of Title 5, amending
provisions set out as notes preceding sections 151 and 1471 of this
title and section 101 of Title 11, and repealing provisions set out as
notes preceding sections 151 and 1471 of this title) shall take effect
on the date of the enactment of this Act (July 10, 1984).
''(b) Section 1334(c)(2) of title 28, United States Code, and section
1411(a) of title 28, United States Code, as added by this Act, shall not
apply with respect to cases under title 11 of the United States Code
that are pending on the date of enactment of this Act (July 10, 1984),
or to proceedings arising in or related to such cases.
''(c) Sections 108(b) (enacting provisions set out as a note under
section 634 of this title), 113 (amending provisions set out as a note
preceding section 101 of Title 11, Bankruptcy), and 121(e) (enacting
provisions set out as a note preceding section 151 of this title) shall
take effect on June 27, 1984.''
Section 1 of Pub. L. 98-353 provided: ''That this Act (enacting
this chapter and sections 1408 to 1412 and 1452 of this title and
sections 557 to 559 and 1113 of Title 11, Bankruptcy, amending sections
44, 98, 131, 133, 371, 372, 634, 957, 1334, 1360, and 1930 of this
title, sections 8331, 8334, 8336, 8339, 8341, 8344, 8701, 8706, 8714a,
and 8714b of Title 5, Government Organization and Employees, and
sections 101 to 103, 105, 108, 109, 303, 321, 322, 326 to 330, 342, 343,
345, 346, 349, 350, 361 to 363, 365, 366, 501 to 503, 505 to 507, 509,
510, 521 to 525, 541 to 550, 552 to 555, 702 to 704, 707, 723 to 728,
741, 745, 752, 761, 763 to 766, 901 to 903, 921, 922, 927, 943, 945,
1102, 1103, 1105 to 1108, 1112, 1121, 1123 to 1127, 1129, 1141, 1142,
1144 to 1146, 1166, 1168 to 1171, 1173, 1301, 1302, 1304, 1307, 1322,
1324 to 1326, 1328, 1329, 15103, and 151302 of Title 11, enacting
provisions set out as notes preceding section 151 of this title and
under sections 44, 133, 151 to 153, 371, 634, 1334, and 2075 of this
title, sections 8331 and 8706 of Title 5, and preceding section 101 of
Title 11 and under sections 101, 365, and 1113 of Title 11, amending
provisions set out as notes preceding sections 151, 581, and 1471 of
this title and section 101 of Title 11, repealing provisions set out as
notes preceding sections 151 and 1471 of this title, amending Rules 2002
and 3001 of the Bankruptcy Rules, set out in the Appendix to this title,
and amending Official Bankruptcy Form No. 1 in the Appendix of Forms)
may be cited as the 'Bankruptcy Amendments and Federal Judgeship Act of
1984'.''
Section 119 of Pub. L. 98-353 provided that: ''If any provision of
this Act (see Short Title of 1984 Amendment note above) or the
application thereof to any person or circumstance is held invalid, the
remainder of this Act, or the application of that provision to persons
or circumstances other than those as to which it is held invalid, is not
affected thereby.''
28 USC 152. Appointment of bankruptcy judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) The United States court of appeals for the circuit shall
appoint bankruptcy judges for the judicial districts established in
paragraph (2) in such numbers as are established in such paragraph.
Such appointments shall be made after considering the recommendations of
the Judicial Conference submitted pursuant to subsection (b). Each
bankruptcy judge shall be appointed for a term of fourteen years,
subject to the provisions of subsection (e). However, upon the
expiration of the term, a bankruptcy judge may, with the approval of the
judicial council of the circuit, continue to perform the duties of the
office until the earlier of the date which is 180 days after the
expiration of the term or the date of the appointment of a successor.
Bankruptcy judges shall serve as judicial officers of the United States
district court established under Article III of the Constitution.
(2) The bankruptcy judges appointed pursuant to this section shall be
appointed for the several judicial districts as follows:
(3) Whenever a majority of the judges of any court of appeals cannot
agree upon the appointment of a bankruptcy judge, the chief judge of
such court shall make such appointment.
(4) The judges of the district courts for the territories shall serve
as the bankruptcy judges for such courts. The United States court of
appeals for the circuit within which such a territorial district court
is located may appoint bankruptcy judges under this chapter for such
district if authorized to do so by the Congress of the United States
under this section.
(b)(1) The Judicial Conference of the United States shall, from time
to time, and after considering the recommendations submitted by the
Director of the Administrative Office of the United States Courts after
such Director has consulted with the judicial council of the circuit
involved, determine the official duty stations of bankruptcy judges and
places of holding court.
(2) The Judicial Conference shall, from time to time, submit
recommendations to the Congress regarding the number of bankruptcy
judges needed and the districts in which such judges are needed.
(3) Not later than December 31, 1994, and not later than the end of
each 2-year period thereafter, the Judicial Conference of the United
States shall conduct a comprehensive review of all judicial districts to
assess the continuing need for the bankruptcy judges authorized by this
section, and shall report to the Congress its findings and any
recommendations for the elimination of any authorized position which can
be eliminated when a vacancy exists by reason of resignation,
retirement, removal, or death.
(c) Each bankruptcy judge may hold court at such places within the
judicial district, in addition to the official duty station of such
judge, as the business of the court may require.
(d) With the approval of the Judicial Conference and of each of the
judicial councils involved, a bankruptcy judge may be designated to
serve in any district adjacent to or near the district for which such
bankruptcy judge was appointed.
(e) A bankruptcy judge may be removed during the term for which such
bankruptcy judge is appointed, only for incompetence, misconduct,
neglect of duty, or physical or mental disability and only by the
judicial council of the circuit in which the judge's official duty
station is located. Removal may not occur unless a majority of all of
the judges of such council concur in the order of removal. Before any
order of removal may be entered, a full specification of charges shall
be furnished to such bankruptcy judge who shall be accorded an
opportunity to be heard on such charges.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
336; amended Pub. L. 99-554, title I, 101, Oct. 27, 1986, 100 Stat.
3088; Pub. L. 100-587, Nov. 3, 1988, 102 Stat. 2982; Pub. L. 101-650,
title III, 304, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 102-361, 2,
4, Aug. 26, 1992, 106 Stat. 965, 966.)
1992 -- Subsec. (a)(2). Pub. L. 102-361, 2, in item relating to
district of Arizona substituted ''7'' for ''5'', in item relating to
central district of California substituted ''21'' for ''19'', in item
relating to district of Connecticut substituted ''3'' for ''2'', in item
relating to middle district of Florida substituted ''8'' for ''4'', in
item relating to southern district of Florida substituted ''5'' for
''3'', in item relating to northern district of Georgia substituted
''8'' for ''6'', inserted item relating to middle and southern districts
of Georgia, in item relating to district of Maryland substituted ''4''
for ''3'', in item relating to district of Massachusetts substituted
''5'' for ''4'', in item relating to district of New Jersey substituted
''8'' for ''7'', in item relating to southern district of New York
substituted ''9'' for ''7'', in item relating to eastern district of
Pennsylvania substituted ''5'' for ''3'', in item relating to middle
district of Tennessee substituted ''3'' for ''2'', in item relating to
western district of Tennessee substituted ''4'' for ''3'', in item
relating to northern district of Texas substituted ''6'' for ''5'', and
in item relating to eastern district of Virginia substituted ''5'' for
''4''.
Subsec. (b)(3). Pub. L. 102-361, 4, added par. (3).
1990 -- Subsec. (a)(1). Pub. L. 101-650 inserted after third
sentence ''However, upon the expiration of the term, a bankruptcy judge
may, with the approval of the judicial council of the circuit, continue
to perform the duties of the office until the earlier of the date which
is 180 days after the expiration of the term or the date of the
appointment of a successor.''
1988 -- Subsec. (a)(2). Pub. L. 100-587 in item relating to district
of Alaska substituted ''2'' for ''1'', in item relating to district of
Colorado substituted ''5'' for ''4'', in item relating to district of
Kansas substituted ''4'' for ''3'', in item relating to eastern district
of Kentucky substituted ''2'' for ''1'', in item relating to eastern
district of Texas substituted ''2'' for ''1'', in item relating to
western district of Texas substituted ''4'' for ''3'', and in item
relating to district of Arizona substituted ''5'' for ''4''.
1986 -- Subsec. (a)(2). Pub. L. 99-554 in item relating to eastern
district and western district of Arkansas substituted ''3'' for ''2'',
in item relating to northern district of California substituted ''9''
for ''7'', in item relating to eastern district of California
substituted ''6'' for ''4'', in item relating to central district of
California substituted ''19'' for ''12'', in item relating to southern
district of California substituted ''4'' for ''3'', in item relating to
middle district of Florida substituted ''4'' for ''2'', in item relating
to northern district of Georgia substituted ''6'' for ''4'', in item
relating to southern district of Georgia substituted ''2'' for ''1'', in
item relating to district of Idaho substituted ''2'' for ''1'', in item
relating to northern district of Illinois substituted ''10'' for ''8'',
in item relating to central district of Illinois substituted ''3'' for
''2'', in item relating to northern district of Indiana substituted
''3'' for ''2'', in item relating to northern district of Iowa
substituted ''2'' for ''1'', in item relating to southern district of
Iowa substituted ''2'' for ''1'', in item relating to western district
of Kentucky substituted ''3'' for ''2'', in item relating to western
district of Louisiana substituted ''3'' for ''2'', in item relating to
district of Maryland substituted ''3'' for ''2'', in item relating to
western district of Michigan substituted ''3'' for ''2'', in item
relating to district of Nebraska substituted ''2'' for ''1'', in item
relating to district of Nevada substituted ''3'' for ''2'', in item
relating to district of New Jersey substituted ''7'' for ''5'', in item
relating to western district of North Carolina substituted ''2'' for
''1'', in item relating to northern district of Oklahoma substituted
''2'' for ''1'', in item relating to western district of Oklahoma
substituted ''3'' for ''2'', in item relating to district of Oregon
substituted ''5'' for ''4'', in item relating to western district of
Pennsylvania substituted ''4'' for ''3'', in item relating to district
of South Carolina substituted ''2'' for ''1'', in item relating to
district of South Dakota substituted ''2'' for ''1'', in item relating
to eastern district of Tennessee substituted ''3'' for ''2'', in item
relating to western district of Tennessee substituted ''3'' for ''2'',
in item relating to northern district of Texas substituted ''5'' for
''4'', in item relating to southern district of Texas substituted ''6''
for ''3'', in item relating to western district of Texas substituted
''3'' for ''2'', in item relating to district of Utah substituted ''3''
for ''2'', in item relating to eastern district of Virginia substituted
''4'' for ''3'', in item relating to eastern district of Washington
substituted ''2'' for ''1'', in item relating to western district of
Washington substituted ''5'' for ''4'', and in item relating to eastern
district of Wisconsin substituted ''4'' for ''3''.
Amendment by Pub. L. 99-554 effective Oct. 27, 1986, see section
302(b) of Pub. L. 99-554, set out as a note under section 581 of this
title.
Section 3 of Pub. L. 102-361 provided that:
''(a) Appointments. -- The following bankruptcy judges shall be
appointed in the manner prescribed in section 152(a)(1) of title 28,
United States Code:
''(1) 1 additional bankruptcy judge for the northern district of
Alabama.
''(2) 1 additional bankruptcy judge for the district of Colorado.
''(3) 1 additional bankruptcy judge for the district of Delaware.
''(4) 1 additional bankruptcy judge for the southern district of
Illinois.
''(5) 1 additional bankruptcy judge for the district of New
Hampshire.
''(6) 1 additional bankruptcy judge for the middle district of North
Carolina.
''(7) 1 additional bankruptcy judge for the district of Puerto Rico.
''(8) 1 additional bankruptcy judge for the district of South
Carolina.
''(9) 1 additional bankruptcy judge for the eastern district of
Tennessee.
''(10) 1 additional bankruptcy judge for the western district of
Texas.
''(b) Vacancies. -- The first vacancy in the office of bankruptcy
judge in each of the judicial districts set forth in subsection (a),
resulting from the death, retirement, resignation, or removal of a
bankruptcy judge, and occurring 5 years or more after the date of the
enactment of this Act (Aug. 26, 1992), shall not be filled. In the case
of a vacancy resulting from the expiration of the term of a bankruptcy
judge not described in the preceding sentence, that judge shall be
eligible for reappointment as a bankruptcy judge in that district.''
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 718, provided that:
''Notwithstanding the provisions of section 106(b)(1) of the Bankruptcy
Amendments and Federal Judgeship Act of 1984 (section 106(b)(1) of Pub.
L. 98-353, set out below), a bankruptcy judge serving on a part-time
basis on the date of enactment of this Act (July 2, 1986) may continue
to serve as a part-time judge for such district until December 31, 1986,
or until such time as a full-time bankruptcy judge for such district is
appointed, whichever is earlier: Provided, That these provisions shall
apply only to part-time bankruptcy judges serving in the district of
Oregon, the western district of Michigan, and the eastern district of
Oklahoma.''
Judge
Section 106 of Pub. L. 98-353 provided that:
''(a) Notwithstanding section 152 of title 28, United States Code, as
added by this Act, the term of office of a bankruptcy judge who is
serving on the date of enactment of this Act (July 10, 1984) is extended
to and expires four years after the date such bankruptcy judge was last
appointed to such office or on October 1, 1986, whichever is later.
''(b)(1) Notwithstanding section 153(a) of title 28, United States
Code, as added by this Act, and notwithstanding subsection (a) of this
section, a bankruptcy judge serving on a part-time basis on the date of
enactment of this Act (July 10, 1984) may continue to serve on such
basis for a period not to exceed two years from the date of enactment of
this Act (July 10, 1984).
''(2) Notwithstanding the provisions of section 153(b) of title 28,
United States Code, a bankruptcy judge serving on a part-time basis may
engage in the practice of law but may not engage in any other practice,
business, occupation, or employment inconsistent with the expeditious,
proper, and impartial performance of such bankruptcy judge's duties as a
judicial officer. The Judicial Conference of the United States may
promulgate appropriate rules and regulations to implement this
paragraph.''
Qualifications
Section 120 of Pub. L. 98-353, as amended by Pub. L. 99-554, title
I, 102, Oct. 27, 1986, 100 Stat. 3089, provided that:
''(a)(1) Whenever a court of appeals is authorized to fill a vacancy
that occurs on a bankruptcy court of the United States, such court of
appeals shall appoint to fill that vacancy a person whose character,
experience, ability, and impartiality qualify such person to serve in
the Federal judiciary.
''(2) It is the sense of the Congress that the courts of appeals
should consider for appointment under section 152 of title 28, United
States Code, to the first vacancy which arises after the date of the
enactment of this Act (July 10, 1984) in the office of each bankruptcy
judge, the bankruptcy judge who holds such office immediately before
such vacancy arises, if such bankruptcy judge requests to be considered
for such appointment.
''(b) The judicial council of the circuit involved shall assist the
court of appeals by evaluating potential nominees and by recommending to
such court for consideration for appointment to each vacancy on the
bankruptcy court persons who are qualified to be bankruptcy judges under
regulations prescribed by the Judicial Conference of the United States.
In the case of the first vacancy which arises after the date of the
enactment of this Act (July 10, 1984) in the office of each bankruptcy
judge, such potential nominees shall include the bankruptcy judge who
holds such office immediately before such vacancy arises, if such
bankruptcy judge requests to be considered for such appointment and the
judicial council determines that such judge is qualified under
subsection (c) of this section to continue to serve. Such potential
nominees shall receive consideration equal to that given all other
potential nominees for such position.
''(c) Before transmitting to the court of appeals the names of the
persons the judicial council for the circuit deems best qualified to
fill any existing vacancy, the judicial council shall have determined
that --
''(1) public notice of such vacancy has been given and an effort has
been made, in the case of each such vacancy, to identify qualified
candidates, without regard to race, color, sex, religion, or national
origin,
''(2) such persons are members in good standing of at least one State
bar, the District of Columbia bar, or the bar of the Commonwealth of
Puerto Rico, and members in good standing of every other bar of which
they are members,
''(3) such persons possess, and have a reputation for, integrity and
good character,
''(4) such persons are of sound physical and mental health,
''(5) such persons possess and have demonstrated commitment to equal
justice under law,
''(6) such persons possess and have demonstrated outstanding legal
ability and competence, as evidenced by substantial legal experience,
ability to deal with complex legal problems, aptitude for legal
scholarship and writing, and familiarity with courts and court
processes, and
''(7) such persons demeanor, character, and personality indicate that
they would exhibit judicial temperament if appointed to the position of
United States bankruptcy judge.''
28 USC 153. Salaries; character of service
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each bankruptcy judge shall serve on a full-time basis and shall
receive as full compensation for his services, a salary at an annual
rate that is equal to 92 percent of the salary of a judge of the
district court of the United States as determined pursuant to section
135, to be paid at such times as the Judicial Conference of the United
States determines.
(b) A bankruptcy judge may not engage in the practice of law and may
not engage in any other practice, business, occupation, or employment
inconsistent with the expeditious, proper, and impartial performance of
such bankruptcy judge's duties as a judicial officer. The Conference
may promulgate appropriate rules and regulations to implement this
subsection.
(c) Each individual appointed under this chapter shall take the oath
or affirmation prescribed by section 453 of this title before performing
the duties of the office of bankruptcy judge.
(d) A bankruptcy judge appointed under this chapter shall be exempt
from the provisions of subchapter I of chapter 63 of title 5.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
338; amended Pub. L. 100-202, 101(a), (title IV, 408(a)), Dec. 22,
1987, 101 Stat. 1329, 1329-26; Pub. L. 100-702, title X, 1003(a)(1),
Nov. 19, 1988, 102 Stat. 4665.)
1988 -- Subsec. (d). Pub. L. 100-702 added subsec. (d).
1987 -- Subsec. (a). Pub. L. 100-202 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''Each bankruptcy
judge shall serve on a full-time basis and shall receive as full
compensation for his services a salary at an annual rate determined
under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361)
as adjusted by section 461 of this title, to be paid at such times as
the Judicial Conference of the United States determines.''
Section 101(a) (title IV, 408(d)) of Pub. L. 100-202 provided that:
''This section (amending this section, section 634 of this title, and
section 356 of Title 2, The Congress) shall become effective October 1,
1988, and any salary affected by the provisions of this section shall be
adjusted at the beginning of the first applicable pay period commencing
on or after such date of enactment (probably should read ''such date'',
meaning Oct. 1, 1988).''
Section 1003(b) of Pub. L. 100-702 provided that:
''(1) If an individual who is exempted from the Leave Act by
operation of amendments under this section (amending this section and
sections 156, 631, 634, 712, 752, and 794 of this title) and who was
previously subject to the provisions of subchapter I of chapter 63 of
title 5, United States Code, without a break in service, again becomes
subject to this subchapter on completion of his service as an exempted
officer, the unused annual leave and sick leave standing to his credit
when he was exempted from this subchapter is deemed to have remained to
his credit.
''(2) In computing an annuity under section 8339 of title 5, United
States Code, the total service of a person specified in paragraph (1) of
this subsection who retired on an immediate annuity or dies leaving a
survivor or survivors entitled to an annuity includes, without regard to
the limitations imposed by subsection (f) of section 8339 of title 5,
United States Code, the days of unused sick leave standing to his credit
when he was exempted from subchapter I of chapter 63 of title 5, United
States Code, except that these days will not be counted in determining
average pay or annuity eligibility.''
Section 105(a) of Pub. L. 98-353 provided that: ''The salary of a
bankruptcy judge in effect on June 27, 1984, shall remain in effect
until changed as a result of a determination or adjustment made pursuant
to section 153(a) of title 28, United States Code, as added by this
Act.''
For provision that notwithstanding subsecs. (a) and (b) of this
section, a bankruptcy judge serving on a part-time basis on July 10,
1984, may continue to serve on such basis for two years from such date,
and may engage in the practice of law, see section 106 of Pub. L.
98-353, set out as a note under section 152 of this title.
1988 -- Salaries of bankruptcy judges continued at $72,500 per annum
by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as
a note under section 5332 of Title 5, Government Organization and
Employees.
1987 -- Salaries of bankruptcy judges increased to $72,500 per annum,
on recommendation of the President of the United States, see note set
out under section 358 of Title 2, The Congress.
Salaries of bankruptcy judges increased to $70,500 effective on first
day of first pay period beginning on or after Jan. 1, 1987, by Ex.
Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note
under section 5332 of Title 5, Government Organization and Employees.
1985 -- Salaries of bankruptcy judges increased to $68,400 effective
on first day of first pay period beginning on or after Jan. 1, 1985, by
Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex.
Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note
under section 5332 of Title 5.
1984 -- Salaries of bankruptcy judges (full-time) and bankruptcy
judges (part-time) (maximum rate) increased to $66,100 and $33,100,
respectively, effective on first day of first pay period beginning on or
after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R.
347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex.
Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a
note under section 5332 of Title 5.
1982 -- Salaries of bankruptcy judges and referees in bankruptcy
(full-time), or referees in bankruptcy (part-time) (maximum rate)
increased to $63,600 and $31,800, respectively, effective on first day
of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord.
No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that
pursuant to section 101(e) of Pub. L. 97-276 funds are not available to
pay a salary at a rate which exceeds the rate in effect on Sept. 30,
1982, which was $58,500 for bankruptcy judges and referees in bankruptcy
(full-time), and $30,600 for referees in bankruptcy (part-time) (maximum
rate).
Maximum rate payable to bankruptcy judges after Dec. 17, 1982,
increased from $58,500 to $63,600, see Pub. L. 97-377, title I,
129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under
section 5318 of Title 5.
1981 -- Salaries of bankruptcy judges and referees in bankruptcy
(full-time), or referees in bankruptcy (part-time) (maximum rate)
increased to $61,200 and $30,600, respectively, effective on first day
of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord.
No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12330 further provided that
pursuant to section 101(c) of Pub. L. 97-51 funds are not available to
pay a salary at a rate which exceeds the rate in effect on Sept. 30,
1981, which was $51,167.50 for bankruptcy judges and referees in
bankruptcy (full-time), and $25,583.75 for referees in bankruptcy
(part-time) (maximum rate).
1980 -- Salaries of bankruptcy judges and referees in bankruptcy
(full-time), or referees in bankruptcy (part-time) (maximum rate)
increased to $58,400 and $29,200, respectively, effective on first day
of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord.
No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that
pursuant to section 101(c) of Pub. L. 96-369 funds are not available to
pay a salary which exceeds the rate in effect on Sept. 30, 1980, which
was $51,167.50 for bankruptcy judges and referees in bankruptcy
(full-time), and $25,583.75 for referees in bankruptcy (part-time)
(maximum rate).
For limitations on use of funds for period Oct. 1, 1980 through June
5, 1981, appropriated by any Act to pay the salary or pay of any
individual in legislative, executive, or judicial branch in position
equal to or above level V of the Executive Schedule, see section 101(c)
of Pub. L. 96-369 and section 101(c) of Pub. L. 96-536, set out as
notes under section 5318 of Title 5.
1979 -- Salaries of bankruptcy judges increased to $53,500 effective
on first day of first pay period beginning on or after Oct. 1, 1979, by
Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex.
Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12165 further
provided that pursuant to Pub. L. 96-86 funds appropriated for fiscal
year 1980 may not be used to pay a salary at a rate which exceeds an
increase of 5.5 percent over the applicable rate payable for such
position or office in effect on Sept. 30, 1978, which was $51,167.50
for bankruptcy judges.
28 USC 154. Division of businesses; chief judge
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each bankruptcy court for a district having more than one
bankruptcy judge shall by majority vote promulgate rules for the
division of business among the bankruptcy judges to the extent that the
division of business is not otherwise provided for by the rules of the
district court.
(b) In each district court having more than one bankruptcy judge the
district court shall designate one judge to serve as chief judge of such
bankruptcy court. Whenever a majority of the judges of such district
court cannot agree upon the designation as chief judge, the chief judge
of such district court shall make such designation. The chief judge of
the bankruptcy court shall ensure that the rules of the bankruptcy court
and of the district court are observed and that the business of the
bankruptcy court is handled effectively and expeditiously.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
339.)
28 USC 155. Temporary transfer of bankruptcy judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A bankruptcy judge may be transferred to serve temporarily as a
bankruptcy judge in any judicial district other than the judicial
district for which such bankruptcy judge was appointed upon the approval
of the judicial council of each of the circuits involved.
(b) A bankruptcy judge who has retired may, upon consent, be recalled
to serve as a bankruptcy judge in any judicial district by the judicial
council of the circuit within which such district is located. Upon
recall, a bankruptcy judge may receive a salary for such service in
accordance with regulations promulgated by the Judicial Conference of
the United States, subject to the restrictions on the payment of an
annuity in section 377 of this title or in subchapter III of chapter 83,
and chapter 84, of title 5 which are applicable to such judge.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
339; amended Pub. L. 99-651, title II, 202(a), Nov. 14, 1986, 100
Stat. 3648; Pub. L. 100-659, 4(a), Nov. 15, 1988, 102 Stat. 3918.)
1988 -- Subsec. (b). Pub. L. 100-659 inserted ''section 377 of this
title or in'' after ''annuity in'' and ''which are applicable to such
judge'' after ''title 5''.
1986 -- Subsec. (b). Pub. L. 99-651 inserted reference to chapter 84
of title 5.
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and
applicable to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after Nov. 15, 1988, with exception
for judges and magistrates retiring on or after July 31, 1987, see
section 9 of Pub. L. 100-659, set out as an Effective Date note under
section 377 of this title.
Section 203 of title II of Pub. L. 99-651 provided that: ''This
title and the amendments made by this title (enacting section 375 of
this title and amending this section and sections 374, 631, 633, 636,
and 797 of this title) take effect on January 1, 1987.''
28 USC 156. Staff; expenses
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each bankruptcy judge may appoint a secretary, a law clerk, and
such additional assistants as the Director of the Administrative Office
of the United States Courts determines to be necessary. A law clerk
appointed under this section shall be exempt from the provisions of
subchapter I of chapter 63 of title 5, unless specifically included by
the appointing judge or by local rule of court.
(b) Upon certification to the judicial council of the circuit
involved and to the Director of the Administrative Office of the United
States Courts that the number of cases and proceedings pending within
the jurisdiction under section 1334 of this title within a judicial
district so warrants, the bankruptcy judges for such district may
appoint an individual to serve as clerk of such bankruptcy court. The
clerk may appoint, with the approval of such bankruptcy judges, and in
such number as may be approved by the Director, necessary deputies, and
may remove such deputies with the approval of such bankruptcy judges.
(c) Any court may utilize facilities or services, either on or off
the court's premises, which pertain to the provision of notices,
dockets, calendars, and other administrative information to parties in
cases filed under the provisions of title 11, United States Code, where
the costs of such facilities or services are paid for out of the assets
of the estate and are not charged to the United States. The utilization
of such facilities or services shall be subject to such conditions and
limitations as the pertinent circuit council may prescribe.
(d) No office of the bankruptcy clerk of court may be consolidated
with the district clerk of court office without the prior approval of
the Judicial Conference and the Congress.
(e) In a judicial district where a bankruptcy clerk has been
appointed pursuant to subsection (b), the bankruptcy clerk shall be the
official custodian of the records and dockets of the bankruptcy court.
(f) For purposes of financial accountability in a district where a
bankruptcy clerk has been certified, such clerk shall be accountable for
and pay into the Treasury all fees, costs, and other monies collected by
such clerk except uncollected fees not required by an Act of Congress to
be prepaid. Such clerk shall make returns thereof to the Director of
the Administrative Office of the United States Courts and the Director
of the Executive Office For United States Trustees, under regulations
prescribed by such Directors.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
339; amended Pub. L. 99-554, title I, 103, 142, 144(a), Oct. 27,
1986, 100 Stat. 3090, 3096; Pub. L. 100-702, title X, 1003(a)(3), Nov.
19, 1988, 102 Stat. 4665.)
1988 -- Subsec. (a). Pub. L. 100-702 inserted at end ''A law clerk
appointed under this section shall be exempt from the provisions of
subchapter I of chapter 63 of title 5, unless specifically included by
the appointing judge or by local rule of court.''
1986 -- Subsec. (d). Pub. L. 99-554, 103, added subsec. (d).
Subsecs. (e), (f). Pub. L. 99-554, 142, 144(a), added subsecs.
(e) and (f).
Amendment by section 103 of Pub. L. 99-554 effective Oct. 27, 1986,
and amendment by sections 142 and 144 of Pub. L. 99-554 effective 30
days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99-554,
set out as a note under section 581 of this title.
28 USC 157. Procedures
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each district court may provide that any or all cases under title
11 and any or all proceedings arising under title 11 or arising in or
related to a case under title 11 shall be referred to the bankruptcy
judges for the district.
(b)(1) Bankruptcy judges may hear and determine all cases under title
11 and all core proceedings arising under title 11, or arising in a case
under title 11, referred under subsection (a) of this section, and may
enter appropriate orders and judgments, subject to review under section
158 of this title.
(2) Core proceedings include, but are not limited to --
(A) matters concerning the administration of the estate;
(B) allowance or disallowance of claims against the estate or
exemptions from property of the estate, and estimation of claims or
interests for the purposes of confirming a plan under chapter 11, 12, or
13 of title 11 but not the liquidation or estimation of contingent or
unliquidated personal injury tort or wrongful death claims against the
estate for purposes of distribution in a case under title 11;
(C) counterclaims by the estate against persons filing claims against
the estate;
(D) orders in respect to obtaining credit;
(E) orders to turn over property of the estate;
(F) proceedings to determine, avoid, or recover preferences;
(G) motions to terminate, annul, or modify the automatic stay;
(H) proceedings to determine, avoid, or recover fraudulent
conveyances;
(I) determinations as to the dischargeability of particular debts;
(J) objections to discharges;
(K) determinations of the validity, extent, or priority of liens;
(L) confirmations of plans;
(M) orders approving the use or lease of property, including the use
of cash collateral;
(N) orders approving the sale of property other than property
resulting from claims brought by the estate against persons who have not
filed claims against the estate; and
(O) other proceedings affecting the liquidation of the assets of the
estate or the adjustment of the debtor-creditor or the equity security
holder relationship, except personal injury tort or wrongful death
claims.
(3) The bankruptcy judge shall determine, on the judge's own motion
or on timely motion of a party, whether a proceeding is a core
proceeding under this subsection or is a proceeding that is otherwise
related to a case under title 11. A determination that a proceeding is
not a core proceeding shall not be made solely on the basis that its
resolution may be affected by State law.
(4) Non-core proceedings under section 157(b)(2)(B) of title 28,
United States Code, shall not be subject to the mandatory abstention
provisions of section 1334(c)(2).
(5) The district court shall order that personal injury tort and
wrongful death claims shall be tried in the district court in which the
bankruptcy case is pending, or in the district court in the district in
which the claim arose, as determined by the district court in which the
bankruptcy case is pending.
(c)(1) A bankruptcy judge may hear a proceeding that is not a core
proceeding but that is otherwise related to a case under title 11. In
such proceeding, the bankruptcy judge shall submit proposed findings of
fact and conclusions of law to the district court, and any final order
or judgment shall be entered by the district judge after considering the
bankruptcy judge's proposed findings and conclusions and after reviewing
de novo those matters to which any party has timely and specifically
objected.
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, the district court, with the consent of all the parties to
the proceeding, may refer a proceeding related to a case under title 11
to a bankruptcy judge to hear and determine and to enter appropriate
orders and judgments, subject to review under section 158 of this title.
(d) The district court may withdraw, in whole or in part, any case or
proceeding referred under this section, on its own motion or on timely
motion of any party, for cause shown. The district court shall, on
timely motion of a party, so withdraw a proceeding if the court
determines that resolution of the proceeding requires consideration of
both title 11 and other laws of the United States regulating
organizations or activities affecting interstate commerce.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
340; amended Pub. L. 99-554, title I, 143, 144(b), Oct. 27, 1986, 100
Stat. 3096.)
1986 -- Subsec. (b)(2). Pub. L. 99-554, in subpar. (B) substituted
''interests'' for ''interest'' and inserted reference to chapter 12, and
in subpar. (G) inserted a comma after ''annul''.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
28 USC 158. Appeals
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts of the United States shall have jurisdiction
to hear appeals from final judgments, orders, and decrees, and, with
leave of the court, from interlocutory orders and decrees, of bankruptcy
judges entered in cases and proceedings referred to the bankruptcy
judges under section 157 of this title. An appeal under this subsection
shall be taken only to the district court for the judicial district in
which the bankruptcy judge is serving.
(b)(1) The judicial council of a circuit may establish a bankruptcy
appellate panel, comprised of bankruptcy judges from districts within
the circuit, to hear and determine, upon the consent of all the parties,
appeals under subsection (a) of this section.
(2) If authorized by the Judicial Conference of the United States,
the judicial councils of 2 or more circuits may establish a joint
bankruptcy appellate panel comprised of bankruptcy judges from the
districts within the circuits for which such panel is established, to
hear and determine, upon the consent of all the parties, appeals under
subsection (a) of this section.
(3) No appeal may be referred to a panel under this subsection unless
the district judges for the district, by majority vote, authorize such
referral of appeals originating within the district.
(4) A panel established under this section shall consist of three
bankruptcy judges, provided a bankruptcy judge may not hear an appeal
originating within a district for which the judge is appointed or
designated under section 152 of this title.
(c) An appeal under subsections (a) and (b) of this section shall be
taken in the same manner as appeals in civil proceedings generally are
taken to the courts of appeals from the district courts and in the time
provided by Rule 8002 of the Bankruptcy Rules.
(d) The courts of appeals shall have jurisdiction of appeals from all
final decisions, judgments, orders, and decrees entered under
subsections (a) and (b) of this section.
(Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat.
341; amended Pub. L. 101-650, title III, 305, Dec. 1, 1990, 104 Stat.
5105.)
The Bankruptcy Rules, referred to in subsec. (c), are set out in the
Appendix to Title 11, Bankruptcy.
1990 -- Subsec. (b)(2) to (4). Pub. L. 101-650 added par. (2) and
redesignated former pars. (2) and (3) as (3) and (4), respectively.
28 USC CHAPTER 7 -- UNITED STATES COURT OF FEDERAL CLAIMS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
171. Appointment and number of judges; character of court;
designation of chief judge.
172. Tenure and salaries of judges.
173. Times and places of holding court.
174. Assignment of judges; decisions.
175. Official duty station; residence.
176. Removal from office.
177. Disbarment of removed judges.
178. Retirement of judges of the Claims Court.
179. Insurance and annuities programs. /1/
180. Military retirement pay for retired judges.
1992 -- Pub. L. 102-572, title IX, 902(a)(1), 903(b), Oct. 29,
1992, 106 Stat. 4516, 4517, substituted ''UNITED STATES COURT OF
FEDERAL CLAIMS'' for ''UNITED STATES CLAIMS COURT'' as chapter heading
and added items 179 and 180.
1990 -- Pub. L. 101-650, title III, 306(a)(2), Dec. 1, 1990, 104
Stat. 5109, added item 178.
1982 -- Pub. L. 97-164, title I, 105(a), Apr. 2, 1982, 96 Stat.
26, substituted ''UNITED STATES CLAIMS COURT'' for ''COURT OF CLAIMS''
as chapter heading, inserted ''; designation of chief judge'' in item
171, substituted ''Tenure and salaries of judges'' for ''Precedence of
judges'' in item 172, substituted ''Times and places of holding court''
for ''Tenure and salaries of judges'' in item 173, substituted
''Assignment of judges; decisions'' for ''Terms'' in item 174,
substituted ''Official duty station; residence'' for ''Assignment of
judges; divisions; hearings; quorum; decisions'' in item 175, and
added items 176 and 177.
1966 -- Pub. L. 89-425, 3, May 11, 1966, 80 Stat. 140, substituted
''Assignment of judges; divisions; hearings; quorum; decisions'' for
''Quorum'' in item 175.
1954 -- Act Sept. 3, 1954, ch. 1263, 38, 68 Stat. 1240, inserted
''; character of court'' in item 171.
See Appendix to this title.
Jurisdiction of United States Court of Federal Claims, see section
1491 et seq. of this title.
/1/ Item 179 added without enactment of corresponding section.
28 USC 171. Appointment and number of judges; character of court;
designation of chief judge
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The President shall appoint, by and with the advice and consent
of the Senate, sixteen judges who shall constitute a court of record
known as the United States Court of Federal Claims. The court is
declared to be a court established under article I of the Constitution
of the United States.
(b) The President shall designate one of the judges of the Court of
Federal Claims who is less than seventy years of age to serve as chief
judge. The chief judge may continue to serve as such until he reaches
the age of seventy years or until another judge is designated as chief
judge by the President. After the designation of another judge to serve
as chief judge, the former chief judge may continue to serve as a judge
of the court for the balance of the term to which appointed.
(June 25, 1948, ch. 646, 62 Stat 898; July 28, 1953, ch. 253, 1, 67
Stat. 226; Sept. 3, 1954, ch. 1263, 39(a), 68 Stat. 1240; May 11,
1966, Pub. L. 89-425, 1(b), 80 Stat. 140; Apr. 2, 1982, Pub. L.
97-164, title I, 105(a), 96 Stat. 27; Oct. 29, 1992, Pub. L. 102-572,
title IX, 902(a), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed. 241 (Mar. 3, 1911, ch. 231,
136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, 4, 40 Stat. 1157; Dec.
13, 1926, ch. 6, 1 44 Stat. 919).
This section contains a part of section 241 of title 28, U.S.C., 1940
ed. The remainder of such section, relating to tenure, salaries and
oath, is incorporated in sections 173 and 453 of this title.
The term ''chief judge'' was substituted for ''Chief Justice.'' (See
reviser's note under section 136 of this title.)
Words ''a court of record known as'' were added. For similar
provision covering other Federal courts, see sections 132, 211, and 251
of this title.
The official status of the Chief Justice of the Court of Claims
holding office on the effective date of this act is preserved by section
2 of the bill to enact revised title 28.
Minor changes were made in arrangement and phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' in subsec. (a) and ''Court
of Federal Claims'' for ''Claims Court'' in subsec. (b).
1982 -- Pub. L. 97-164 designated existing provisions as subsec.
(a), substituted ''sixteen judges who shall constitute a court of record
known as the United States Claims Court'' for ''a chief judge and six
associate judges who shall constitute a court of record known as the
United States Court of Claims'' and ''The court is declared to be a
court established under article I of the Constitution of the United
States'' for ''Such court is hereby declared to be a court established
under article III of the Constitution of the United States'' in subsec.
(a) as so designated, and added subsec. (b).
1966 -- Pub. L. 89-425 increased the number of associate judges from
four to six.
1954 -- Act Sept. 3, 1954, inserted ''; character or court'' in
section catchline.
1953 -- Act July 28, 1953, inserted second sentence.
Section 902(b) of Pub. L. 102-572 provided that: ''Reference in any
other Federal law (meaning any Federal law other than chapters 7, 51,
91, and 165 of this title) or any document to --
''(1) the 'United States Claims Court' shall be deemed to refer to
the 'United States Court of Federal Claims'; and
''(2) the 'Claims Court' shall be deemed to refer to the 'Court of
Federal Claims'.''
Section 911 of title IX of Pub. L. 102-572 provided that: ''This
title (see Tables for classification) and the amendments made by this
title shall take effect on the date of the enactment of this Act (Oct.
29, 1992).''
Section 402 of Pub. L. 97-164 provided that: ''Unless otherwise
specified, the provisions of this Act (see Short Title of 1982 Amendment
note set out under section 1 of this title) shall take effect on October
1, 1982.''
Section 167 of Pub. L. 97-164 provided that Commissioners of United
States Court of Claims serving immediately prior to Oct. 1, 1982,
became judges of United States Claims Court (now United States Court of
Federal Claims) on such date, with initial terms expiring 15 years after
date of employment or on Oct. 1, 1986, whichever occurred earlier, and
with salaries equal to salaries of Commissioners of Court of Claims.
Section 169 of Pub. L. 97-164 provided that: ''Nothing in this Act
(see Short Title of 1982 Amendment note set out under section 1 of this
title) affects the authority of the Tennessee Valley Authority under the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) to
represent itself by attorneys of its choosing.''
Section 403 of Pub. L. 97-164 provided for transfer of cases or
matters pending on Oct. 1, 1982, before Court of Claims or United
States Court of Customs and Patent Appeals to United States Court of
Appeals for the Federal Circuit, directed that petitions for rehearing,
reconsideration, or other changes in decisions of Court of Claims or
United States Court of Customs and Patent Appeals rendered prior to such
date be determined by United States Court of Appeals for the Federal
Circuit, directed that matters pending before Commissioners of United
States Court of Claims on such date be determined by United States
Claims Court (now United States Court of Federal Claims), and directed
that any case in which notice of appeal had been filed in district court
of United States prior to such date would be decided by court of appeals
to which the appeal was taken.
For Congressional suggestion that the President select nominees for
judgeships on the Claims Court (now Court of Federal Claims) and the
Court of Appeals for the Federal Circuit from a broad range of qualified
individuals, see section 168 of Pub. L. 97-164, set out as a note under
section 44 of this title.
28 USC 172. Tenure and salaries of judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each judge of the United States Court of Federal Claims shall be
appointed for a term of fifteen years.
(b) Each judge shall receive a salary at the rate of pay, and in the
same manner, as judges of the district courts of the United States.
(June 25, 1948, ch. 646, 62 Stat. 898; Apr. 2, 1982, Pub. L.
97-164, title I, 105(a), 96 Stat. 27; Nov. 19, 1988, Pub. L. 100-702,
title X, 1023, 102 Stat. 4673; Oct. 29, 1992, Pub. L. 102-572, title
IX, 902(a)(1), 106 Stat. 4516.)
This section applies to the judges of the Court of Claims the same
rule of precedence applicable to judges of other courts. (See sections
45, 136, 212, and 253 of this title.)
1992 -- Subsec. (a). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1988 -- Subsec. (b). Pub. L. 100-702 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''Each judge shall
receive a salary at an annual rate determined under section 225 of the
Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section
461 of this title.''
1982 -- Pub. L. 97-164 amended section generally, substituting
provisions relating to tenure and salaries of judges (formerly contained
in section 173) for provisions relating to precedence of judges. See
section 171 of this title.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
1993 -- Salaries of judges increased to $133,600 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1993, by
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, set out as a note
under section 5332 of Title 5, Government Organization and Employees.
1992 -- Salaries of judges increased to $129,500 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1992, by
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as
a note under section 5332 of Title 5.
1991 -- Salaries of judges increased to $125,100 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1991, by
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as
a note under section 5332 of Title 5.
1990 -- Salaries of judges continued at $89,500 per annum, and
increased to $96,600, effective on first day of first pay period
beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23,
1989, 54 F.R. 53473, formerly set out as a note under section 5332 of
Title 5.
1989 -- Salaries of judges increased in the amount of 25 percent of
their rates (as last in effect before the increase), effective Jan. 1,
1991, see Pub. L. 101-194, title VII, 703(a)(3), Nov. 30, 1989, 103
Stat. 1768, set out as a note under section 5318 of Title 5.
Salaries of judges increased to 89,500 per annum by Ex. Ord. No.
12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under
section 5332 of Title 5.
1988 -- Salaries of judges continued at $82,500 per annum by Ex.
Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note
under section 5332 of Title 5.
1987 -- Salaries of judges increased to $82,500 per annum, on
recommendation of the President of the United States, see note set out
under section 358 of Title 2, The Congress.
Salaries of judges increased to $72,300 effective on first day of
first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No.
12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under
section 5332 of Title 5, Government Organization and Employees.
1985 -- Salaries of judges increased to $70,200 effective on first
day of first pay period beginning on or after Jan. 1, 1985, by Ex.
Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord.
No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under
section 5332 of Title 5.
1984 -- Salaries of judges set at $67,800 effective on first day of
first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No.
12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May
23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R.
36493, formerly set out as a note under section 5332 of Title 5.
1982 -- Salaries of judges set at $65,200 effective on first day of
first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No.
12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under
section 5332 of Title 5. Ex. Ord. No. 12387 further provided that
pursuant to section 101(e) of Pub. L. 97-276 funds are not available to
pay a salary at a rate which exceeds the rate in effect on Sept. 30,
1982, which was $57,500.
Maximum rate payable after Dec. 17, 1982, increased from $57,500 to
$65,200, see Pub. L. 97-377, title I, 129(b)-(d), Dec. 21, 1982, 96
Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(e) of Pub. L.
97-276, as amended, set out as a note under section 5318 of Title 5.
1981 -- Salaries of judges increased to $74,300 effective on first
day of first pay period beginning on or after Oct. 1, 1981, by Ex.
Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a
note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see sections 101(g) and 141 of Pub.
L. 97-92, set out as a note under section 5318 of Title 5.
1980 -- Salaries of judges increased to $70,900 effective on first
day of first pay period beginning on or after Oct. 1, 1980, by Ex.
Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided
that pursuant to Pub. L. 96-369 funds are not available to pay a salary
at a rate which exceeds the rate in effect on Sept. 30, 1980, which was
$60,662.50.
Limitations on use of funds for fiscal year ending Sept. 30, 1981,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(c) of Pub. L.
96-536, as amended, set out as a note under section 5318 of Title 5.
1979 -- Salaries of judges increased to $65,000 effective on first
day of first pay period beginning on or after Oct. 1, 1979, by Ex.
Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord.
No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that
pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980 may
not be used to pay a salary at a rate which exceeds an increase of 5.5
percent over the applicable rate payable for such position or office in
effect on Sept. 30, 1978, which was $60,662.50.
Applicability to funds appropriated by any Act for fiscal year ending
Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use
of funds to pay the salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above Level V of
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978 -- Salaries of judges increased to $60,700 effective on first
day of first pay period beginning on or after Oct. 1, 1978, by Ex.
Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12087 further provided that
pursuant to the Legislative Branch Appropriation Act, 1979 (Pub. L.
95-391, title III, 304, Sept. 30, 1978, 92 Stat. 788, set out as a note
under section 5318 of Title 5), funds are not available to pay a salary
at a rate which exceeds the rate in effect on Sept. 30, 1978, which was
$57,500.
1977 -- Salaries of judges increased to $57,500 per annum, on
recommendation of the President of the United States, see note set out
under section 358 of Title 2, The Congress.
1976 -- Salaries of judges increased to $46,800 effective on first
day of first pay period beginning on or after Oct. 1, 1976, see Ex.
Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note
under section 5332 of Title 5, Government Organization and Employees.
Ex. Ord. No. 11941, further provided that pursuant to the Legislative
Branch Appropriation Act, 1977, funds are not available to pay a salary
at a rate which exceeds the rate in effect on Sept. 30, 1976, which was
$44,600.
1969 -- Salaries of judges increased from $33,000 to $42,500 per
annum, commencing Feb. 14, 1969, on recommendation of the President of
the United States, see note set out under section 358 of Title 2, The
Congress.
1946 -- The salaries of the chief judge and associate judges were
increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704,
1, 60 Stat. 716.
1926 -- The salary of the Chief Justice, now the chief judge, was
increased from $8,000 to $12,500 a year, and the salaries of the
associate justices, now judges, were increased from $7,500 to $12,500 a
year by act Dec. 13, 1926, ch. 6, 1, 44 Stat. 919.
1919 -- The salary of the Chief Justice was increased from $6,500 to
$8,000 a year, and the salaries of the associate justices were increased
from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, 1, 40
Stat. 1156.
1911 -- The salary of the chief justice was set at $6,500, and the
salaries of the associate justices were set at $6,000 by the Judicial
Code of 1911, act Mar. 3, 1911, ch. 231, 1, 36 Stat. 1135.
28 USC 173. Times and places of holding court
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The principal office of the United States Court of Federal Claims
shall be in the District of Columbia, but the Court of Federal Claims
may hold court at such times and in such places as it may fix by rule of
court. The times and places of the sessions of the Court of Federal
Claims shall be prescribed with a view to securing reasonable
opportunity to citizens to appear before the Court of Federal Claims
with as little inconvenience and expense to citizens as is practicable.
(June 25, 1948, ch. 646, 62 Stat. 898; Mar. 2, 1955, ch. 9, 1(d),
69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, 403(d), 78 Stat.
434; Aug. 9, 1975, Pub. L. 94-82, title II, 205(b)(4), 89 Stat. 422;
Apr. 2, 1982, Pub. L. 97-164, title I, 105(a), 96 Stat. 27; Oct. 29,
1992, Pub. L. 102-572, title IX, 902(a), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 241 (Mar. 3, 1911, ch. 231,
136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, 4, 40 Stat. 1157; Dec.
13, 1926, ch. 6, 1, 44 Stat. 919; July 31, 1946, ch. 704, 1, 60 Stat.
716).
This section is based on part of section 241 of title 28, U.S.C.,
1940 ed. That portion relating to number, appointment of judges and
their oaths, is incorporated in sections 171 and 453 of this title.
A provision for monthly salary payments was omitted since time of
payment is a matter for administrative determination. (See 20 Comp.
Gen. 834.)
The term ''chief judge'' was substituted for ''Chief Justice.'' (See
reviser's note under section 136 of this title.)
Minor changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' and ''Court of Federal
Claims'' for ''Claims Court'' in three places.
1982 -- Pub. L. 97-164 amended section generally, substituting
provisions relating to times and places of holding court (formerly
contained in section 174) for provisions relating to the tenure and
salaries of judges of the Court of Claims. See section 172 of this
title.
1975 -- Pub. L. 94-82 substituted provision that the chief judge and
associate judges receive a salary at an annual rate determined under
section 225 of the Federal Salary Act of 1967, as adjusted by section
461 of this title, for provision granting each such judge a salary of
$33,000 a year.
1964 -- Pub. L. 88-426 increased salaries of judges from $25,500 to
$33,000 a year.
1955 -- Act Mar. 2, 1955, increased salaries of judges from $17,500
to $25,500 a year.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub.
L. 88-426.
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section
5 of act Mar. 2, 1955, set out as a note under section 31 of Title 2,
The Congress.
Court always open; term, see rule 77, Appendix to this title.
Courts always open, see section 452 of this title.
28 USC 174. Assignment of judges; decisions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The judicial power of the United States Court of Federal Claims
with respect to any action, suit, or proceeding, except congressional
reference cases, shall be exercised by a single judge, who may preside
alone and hold a regular or special session of court at the same time
other sessions are held by other judges.
(b) All decisions of the Court of Federal Claims shall be preserved
and open to inspection.
(June 25, 1948, ch. 646, 62 Stat. 898; Apr. 2, 1982, Pub. L.
97-164, title I, 105(a), 96 Stat. 27; Oct. 29, 1992, Pub. L. 102-572,
title IX, 902(a), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 243 (Mar. 3, 1911, ch. 231,
138, 36 Stat. 1136).
This section is based on the first sentence of section 243 of title
28, U.S.C., 1940 ed. The remainder of said section is incorporated in
section 175 of this title.
Words ''the seat of government'' were substituted for ''the city of
Washington'' to conform to similar language respecting the Supreme
Court. (See section 2 of this title.)
Words ''to be fixed by rule of court'' were added to provide greater
flexibility in administering the business of the court. For similar
provisions covering the district courts, see section 138 of this title.
Word ''term'' was substituted for ''session'' for uniformity.
Minor changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' in subsec. (a) and ''Court
of Federal Claims'' for ''Claims Court'' in subsec. (b).
1982 -- Pub. L. 97-164 amended section generally, substituting
provisions relating to assignment of judges (formerly contained in
section 175) for provisions relating to terms of court. See section 173
of this title.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC 175. Official duty station; residence
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The official duty station of each judge of the United States
Court of Federal Claims is the District of Columbia.
(b) After appointment and while in active service, each judge shall
reside within fifty miles of the District of Columbia.
(Added Pub. L. 89-425, 2, May 11, 1966, 80 Stat. 140; amended Pub.
L. 97-164, title I, 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L.
102-572, title IX, 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
A prior section 175, act June 25, 1948, ch. 646, 62 Stat. 898,
which required three judges of the Court of Claims to constitute a
quorum and the concurrence of three judges for any decision, was struck
out by section 2 of Pub. L. 89-425.
1992 -- Subsec. (a). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 amended section generally, substituting
provisions relating to the official duty station and residence of Claims
Court judges for provisions relating to assignment of judges, divisions,
hearings, quorums and decisions. See section 174 of this title.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Official duty stations, see section 456 of this title.
28 USC 176. Removal from office
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Removal of a judge of the United States Court of Federal Claims
during the term for which he is appointed shall be only for
incompetency, misconduct, neglect of duty, engaging in the practice of
law, or physical or mental disability. Removal shall be by the United
States Court of Appeals for the Federal Circuit, but removal may not
occur unless a majority of all the judges of such court of appeals
concur in the order of removal.
(b) Before any order of removal may be entered, a full specification
of the charges shall be furnished to the judge involved, and such judge
shall be accorded an opportunity to be heard on the charges.
(c) Any cause for removal of any judge of the United States Court of
Federal Claims coming to the knowledge of the Director of the
Administrative Office of the United States Courts shall be reported by
him to the chief judge of the United States Court of Appeals for the
Federal Circuit, and a copy of the report shall at the same time be
transmitted to the judge.
(Added Pub. L. 97-164, title I, 105(a), Apr. 2, 1982, 96 Stat. 28;
amended Pub. L. 102-572, title IX, 902(a)(1), Oct. 29, 1992, 106 Stat.
4516.)
1992 -- Subsecs. (a), (c). Pub. L. 102-572 substituted ''United
States Court of Federal Claims'' for ''United States Claims Court''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC 177. Disbarment of removed judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A judge of the United States Court of Federal Claims removed from
office in accordance with section 176 of this title shall not be
permitted at any time to practice before the Court of Federal Claims.
(Added Pub. L. 97-164, title I, 105(a), Apr. 2, 1982, 96 Stat. 28;
amended Pub. L. 102-572, title IX, 902(a), Oct. 29, 1992, 106 Stat.
4516.)
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' and ''Court of Federal
Claims'' for ''Claims Court''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC 178. Retirement of judges of the Court of Federal Claims
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A judge of the United States Court of Federal Claims who retires
from office after attaining the age and meeting the service
requirements, whether continuously or otherwise, of this subsection
shall, subject to subsection (f), be entitled to receive, during the
remainder of the judge's lifetime, an annuity equal to the salary
payable to Court of Federal Claims judges in regular active service.
The age and service requirements for retirement under this subsection
are as follows:
Years of Attained Age: Service: 65 15 66 14 67 13 68 12 69 11 70
10.
(b) A judge of the Court of Federal Claims who is not reappointed
following the expiration of the term of office of such judge, and who
retires upon the completion of such term shall, subject to subsection
(f), be entitled to receive, during the remainder of such judge's
lifetime, an annuity equal to the salary payable to Court of Federal
Claims judges in regular active service, if --
(1) such judge has served at least 1 full term as judge of the Court
of Federal Claims, and
(2) not earlier than 9 months before the date on which the term of
office of such judge expired, and not later than 6 months before such
date, such judge advised the President in writing that such judge was
willing to accept reappointment as a judge of the Court of Federal
Claims.
(c) A judge of the Court of Federal Claims who has served at least 5
years, whether continuously or otherwise, as such a judge, and who
retires or is removed from office upon the sole ground of mental or
physical disability shall, subject to subsection (f), be entitled to
receive, during the remainder of the judge's lifetime --
(1) an annuity equal to 50 percent of the salary payable to Court of
Federal Claims judges in regular active service, if before retirement
such judge served less than 10 years, or
(2) an annuity equal to the salary payable to Court of Federal Claims
judges in regular active service, if before retirement such judge served
at least 10 years.
(d) A judge who retires under subsection (a) or (b) may, at or after
such retirement, be called upon by the chief judge of the Court of
Federal Claims to perform such judicial duties with the Court of Federal
Claims as may be requested of the retired judge for any period or
periods specified by the chief judge, except that in the case of any
such judge --
(1) the aggregate of such periods in any one calendar year shall not
(without his or her consent) exceed 90 calendar days; and
(2) he or she shall be relieved of performing such duties during any
period in which illness or disability precludes the performance of such
duties.
Any act, or failure to act, by an individual performing judicial
duties pursuant to this subsection shall have the same force and effect
as if it were the act (or failure to act) of a Court of Federal Claims
judge in regular active service. Any individual performing judicial
duties pursuant to this subsection shall receive the allowances for
official travel and other expenses of a judge in regular active service.
(e)(1) Any judge who retires under the provisions of subsection (a)
or (b) of this section shall be designated ''senior judge''.
(2) Any judge who retires under this section shall not be counted as
a judge of the Court of Federal Claims for purposes of the number of
judgeships authorized by section 171 of this title.
(f)(1) A judge shall be entitled to an annuity under this section if
the judge elects an annuity under this section by notifying the Director
of the Administrative Office of the United States Courts in writing.
Such an election --
(A) may be made only while an individual is a judge of the Court of
Federal Claims (except that in the case of an individual who fails to be
reappointed as judge at the expiration of a term of office, such
election may be made at any time before the day after the day on which
his or her successor takes office); and
(B) once made, shall, subject to subsection (k), be irrevocable.
(2) A judge who elects to receive an annuity under this section shall
not be entitled to receive --
(A) any annuity to which such judge would otherwise have been
entitled under subchapter III of chapter 83, or under chapter 84 (except
for subchapters III and VII), of title 5, for service performed as a
judge or otherwise;
(B) an annuity or salary in senior status or retirement under section
371 or 372 of this title;
(C) retired pay under section 7447 of the Internal Revenue Code of
1986; or
(D) retired pay under section 7296 of title 38.
(g) For purposes of calculating the years of service of an individual
under subsections (a) and (c), only those years of service as a judge of
the Court of Federal Claims or a commissioner of the United States Court
of Claims shall be credited, and that portion of the aggregate number of
years of such service that is a fractional part of 1 year shall not be
credited if it is less than 6 months, and shall be credited if it is 6
months or more.
(h) An annuity under this section shall be payable at the times and
in the same manner as the salary of a Court of Federal Claims judge in
regular active service. Such annuity shall begin to accrue on the day
following the day on which the annuitant's salary as a judge in regular
active service ceases to accrue.
(i)(1) Payments under this section which would otherwise be made to a
judge of the Court of Federal Claims based upon his or her service shall
be paid (in whole or in part) by the Director of the Administrative
Office of the United States Courts to another person if and to the
extent expressly provided for in the terms of any court decree of
divorce, annulment, or legal separation, or the terms of any court order
or court-approved property settlement agreement incident to any court
decree of divorce, annulment, or legal separation. Any payment under
this paragraph to a person bars recovery by any other person.
(2) Paragraph (1) shall apply only to payments made by the Director
of the Administrative Office of the United States Courts after the date
of receipt by the Director of written notice of such decree, order, or
agreement, and such additional information as the Director may
prescribe.
(3) As used in this subsection, the term ''court'' means any court of
any State, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin
Islands, and any Indian tribal court or court of Indian offense.
(j)(1) Subject to paragraph (4), any judge of the Court of Federal
Claims who retires under this section and who thereafter in the practice
of law represents (or supervises or directs the representation of) a
client in making any civil claim against the United States or any agency
thereof shall forfeit all rights to an annuity under this section for
all periods beginning on or after the first day on which he engages in
any such activity.
(2) Subject to paragraph (4), if a judge of the Court of Federal
Claims who retires under this section fails during any calendar year to
perform judicial duties required of such judge by subsection (d), such
judge shall forfeit all rights to an annuity under this section for the
1-year period which begins on the first day on which he or she so fails
to perform such duties.
(3) If a judge of the Court of Federal Claims who retires under this
section accepts compensation for civil office or employment under the
Government of the United States (other than for the performance of
judicial duties under subsection (d)), such judge shall forfeit all
rights to an annuity under this section for the period for which such
compensation is received.
(4)(A) If a judge makes an election under this paragraph --
(i) paragraphs (1) and (2) (and subsection (d)) shall not apply to
such judge beginning on the date such election takes effect, and
(ii) the annuity payable under this section to such judge, for
periods beginning on or after the date such election takes effect, shall
be equal to the annuity to which such judge is entitled on the day
before such effective date.
(B) An election under subparagraph (A) --
(i) may be made by a judge only if such judge meets the age and
service requirements for retirement under subsection (a),
(ii) may be made only during the period during which such judge may
make an election to receive an annuity under this section or while the
judge is receiving an annuity under this section, and
(iii) shall be filed with the Director of the Administrative Office
of the United States Courts.
Such an election, once it takes effect, shall be irrevocable.
(C) Any election under this paragraph shall take effect on the first
day of the first month following the month in which the election is
made.
(k)(1) Notwithstanding subsection (f)(1)(B), an individual who has
filed an election under subsection (f) to receive an annuity may revoke
such election at any time before the first day on which such annuity
would (but for such revocation) begin to accrue with respect to such
individual.
(2) Any revocation under this subsection shall be made by filing a
notice thereof in writing with the Director of /1/ Administrative Office
of the United States Courts.
(3) In the case of any revocation under this subsection --
(A) for purposes of this section, the individual shall be treated as
not having filed an election under subsection (f) to receive an annuity,
(B) for purposes of section 376 of this title --
(i) the individual shall be treated as not having filed an election
under section 376(a)(1), and
(ii) section 376(g) shall not apply, and the amount credited to such
individual's account (together with interest at 3 percent per annum,
compounded on December 31 of each year to the date on which the
revocation is filed) shall be returned to such individual,
(C) no credit shall be allowed for any service as a judge of the
Court of Federal Claims or as a commissioner of the United States Court
of Claims unless with respect to such service either there has been
deducted and withheld the amount required by chapter 83 or 84 (as the
case may be) of title 5 or there has been deposited in the Civil Service
Retirement and Disability Fund an amount equal to the amount so
required, with interest,
(D) the Court of Federal Claims shall deposit in the Civil Service
Retirement and Disability Fund an amount equal to the additional amount
it would have contributed to such Fund but for the election under
subsection (f), and
(E) if subparagraph (D) is complied with, service on the Court of
Federal Claims or as a commissioner of the United States Court of Claims
shall be treated as service with respect to which deductions and
contributions had been made during the period of service.
(l)(1) There is established in the Treasury a fund which shall be
known as the ''Court of Federal Claims Judges Retirement Fund''. The
Fund is appropriated for the payment of annuities and other payments
under this section.
(2) The Secretary of the Treasury shall invest, in interest bearing
securities of the United States, such currently available portions of
the Court of Federal Claims Judges Retirement Fund as are not
immediately required for payments from the Fund. The income derived
from these investments constitutes a part of the Fund.
(3)(A) There are authorized to be appropriated to the Court of
Federal Claims Judges Retirement Fund amounts required to reduce to zero
the unfunded liability of the Fund.
(B) For purposes of subparagraph (A), the term ''unfunded liability''
means the estimated excess, determined on an annual basis in accordance
with the provisions of section 9503 of title 31, of the present value of
all benefits payable from the Court of Federal Claims Judges Retirement
Fund, over the balance in the Fund as of the date the unfunded liability
is determined. In making any determination under this subparagraph, the
Comptroller General shall use the applicable information contained in
the reports filed pursuant to section 9503 of title 31, with respect to
the retirement annuities provided for in this section.
(C) There are authorized to be appropriated such sums as may be
necessary to carry out this paragraph.
(Added Pub. L. 101-650, title III, 306(a)(1), Dec. 1, 1990, 104
Stat. 5105; amended Pub. L. 102-40, title IV, 402(d)(2), May 7, 1991,
105 Stat. 239; Pub. L. 102-198, 7(a), Dec. 9, 1991, 105 Stat. 1624;
Pub. L. 102-572, title IX, 902(a), Oct. 29, 1992, 106 Stat. 4516.)
Section 7447 of the Internal Revenue Code of 1986, referred to in
subsec. (f)(2)(C), is classified to section 7447 of Title 26, Internal
Revenue Code.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' in subsec. (a) and ''Court
of Federal Claims'' for ''Claims Court'' in section catchline and
wherever appearing in text.
1991 -- Subsec. (f)(2)(A). Pub. L. 102-198, 7(a)(1), inserted
''(except for subchapters III and VII)'' after ''chapter 84''.
Subsec. (f)(2)(D). Pub. L. 102-40 substituted ''section 7296 of title
38'' for ''section 4096 of title 38''.
Subsec. (j)(1). Pub. L. 102-198, 7(a)(2)(A), substituted ''paragraph
(4)'' for ''paragraph (2)'' and ''engages in any such activity'' for
''so practices law''.
Subsec. (j)(2). Pub. L. 102-198, 7(a)(2)(B), substituted ''Subject
to paragraph (4), if'' for ''If''.
Subsec. (j)(3). Pub. L. 102-198, 7(a)(2)(C), inserted ''for'' after
''(other than''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Section applicable to judges of, and senior judges in active service
with, the United States Court of Federal Claims on or after Dec. 1,
1990, see section 306(f) of Pub. L. 101-650, as amended, set out as an
Effective Date of 1990 Amendment note under section 8331 of Title 5,
Government Organization and Employees.
/1/ So in original. Probably should be ''of the''.
28 USC 180. /1/ Military retirement pay for retired judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section 371(e) of this title applies to judges of the United States
Court of Federal Claims, and for the purpose of construing section
371(e) of this title, a judge of the United States Court of Federal
Claims shall be deemed to be a judge of the United States as defined in
section 451 of this title.
(Added Pub. L. 102-572, title IX, 903(a), Oct. 29, 1992, 106 Stat.
4517.)
Section effective Oct. 29, 1992, see section 911 of Pub. L.
102-572, set out as an Effective Date of 1992 Amendment note under
section 171 of this title.
/1/ So in original. No section 179 has been enacted.
28 USC (CHAPTER 9 -- REPEALED)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC ( 211 to 216. Repealed. Pub. L. 97-164, title I, 106, Apr. 2,
1982, 96 Stat. 28)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section 211, acts June 25, 1948, ch. 646, 62 Stat. 899; Aug. 25,
1958, Pub. L. 85-755, 1, 72 Stat. 848, provided for creation of
United States Court of Customs and Patent Appeals under article III of
the United States Constitution and for appointment of a chief judge and
four associate judges for that court.
Section 212, act June 25, 1948, ch. 646, 62 Stat. 899, provided for
order of precedence of chief judge and associate judges of court.
Section 213, acts June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2,
1955, ch. 9, 1(e), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426,
title IV, 403(e), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94-82, title
II, 205(b)(5), 89 Stat. 422, provided for tenure and salaries of
judges.
Section 214, act June 25, 1948, ch. 646, 62 Stat. 899, authorized
court to hold court at such times and places as it might fix by rule.
Section 215, act June 25, 1948, ch. 646, 62 Stat. 899, provided
that three judges of court constituted a quorum and that concurrence of
three judges was necessary to any decision.
Section 216, act June 25, 1948, ch. 646, 62 Stat. 899, provided for
filing of written opinions by Court of Customs and Patent Appeals on
appeals from decisions of Patent Office and recording of those opinions
in Patent Office.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
For provisions that any matter pending before the United States Court
of Customs and Patent Appeals on Oct. 1, 1982, and that any petition
for rehearing, reconsideration, alteration, modification, or other
change in any decision of the United States Court of Customs and Patent
Appeals rendered prior to Oct. 1, 1982, that has not been determined on
that date or that is filed after that date, be determined by the United
States Court of Appeals for the Federal Circuit, see section 403(b), (c)
of Pub. L. 97-164, formerly set out as a note under section 171 of this
title.
28 USC CHAPTER 11 -- COURT OF INTERNATIONAL TRADE
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
251. Appointment and number of judges; offices.
252. Tenure and salaries of judges.
253. Duties of chief judge; precedence of judges.
254. Single-judge trial.
255. Three-judge trials.
256. Trials at ports other than New York.
257. Publication of decisions.
The ''Board of General Appraisers'' was designated ''United States
Customs Court'' by act May 28, 1926, ch. 411, 1, 44 Stat. 669.
General provisions concerning such court were incorporated in section
1518 of title 19, U.S.C., 1940 ed., Customs Duties, until amended by act
October 10, 1940, ch. 843, 1, 54 Stat. 1101, adding a new section to
the Judicial Code of 1911, when they were transferred to section 296 of
title 28, U.S.C., 1940 ed. They are retained in title 28 by this
revision.
In this connection former Congressman Walter Chandler said, ''Among
the major subjects needing study and revision are special courts, such
as the Customs Court, which should be fitted into the judicial system.''
(See U.S. Law Weekly, Nov. 7, 1939.)
The United States Customs Court (now Court of International Trade) as
''constituted on June 17, 1930'', consisted of nine members as provided
by act Sept. 21, 1922, ch. 356, title IV, 518, 42 Stat. 972, which
established the Board of General Appraisers, designated the ''United
States Customs Court'' by act May 28, 1926, ch. 411, 1, 44 Stat. 669.
Provisions similar to these were contained in act Sept. 21, 1922,
ch. 356, title IV, 518, 42 Stat. 972. That section was superseded by
section 518 of the Tariff Act of 1930, and was repealed by section 651
(a)(1) of said 1930 act.
The sentence in the former first paragraph as to sitting in a case
previously participated in, is from act Aug. 5, 1909, ch. 6, 28, 36
Stat. 98, which combined and amended Customs Administrative Act June
10, 1890, ch. 407, 12, 26 Stat. 136, and section 31, as added by act
May 27, 1908, ch. 205, 35 Stat. 406. Section 12 of the act of 1890 was
expressly saved from repeal by act Sept. 21, 1922, ch. 356, title IV,
643, 42 Stat. 989, and prior acts, but its provisions, other than the
sentence above mentioned, were omitted from the Code.
Provisions for the review of decisions of Boards of General
Appraisers by the Circuit Courts, made by section 15 of the Customs
Administrative Act of June 10, 1890, ch. 407, were superseded by
provisions for such review by the Court of Customs Appeals created by
section 29 added to that act by the Payne-Aldrich Tariff Act of Aug. 5,
1909, ch. 6. The provisions of said new section 29 were incorporated in
and superseded by chapter 8 of the Judicial Code of March 3, 1911,
incorporated into the Code as former chapter 8 of Title 28, Judicial
Code and Judiciary.
R.S. 2608 provided for the appointment of four appraisers of
merchandise, to be employed in visiting ports of entry under the
direction of the Secretary of the Treasury, and to assist in the
appraisement of merchandise as might be deemed necessary by the
Secretary to protect and insure uniformity in the collection of the
revenue from customs. It was repealed by act June 10, 1890, ch. 407,
29, 26 Stat. 141.
R.S. 2609 provided for the appointment of merchant appraisers. R.S.
2610 made every merchant refusing to serve as such appraiser liable to
a penalty. Both sections were superseded by the provisions relating to
appraisers and appraisements of the Customs Administrative Act of June
10, 1890, ch. 407, 26 Stat. 131, and subsequent acts, and were
repealed by act Sept. 21, 1922, ch. 356, title IV, 642, 42 Stat.
989.
R.S. 2945, which contained a provision similar to that of R.S.
2610, was repealed, without mention of section 2610, by said Customs
Administrative Act of June 10, 1890, ch. 407, 29, 26 Stat. 141, and
was again repealed by section 642 of act Sept. 21, 1922.
R.S. 2725, which prescribed the compensation of merchant appraisers,
and section 2726, which prescribed the salary of the general appraiser
at New York, were superseded by the provisions relating to general
appraisers and appraisers made by the Customs Administrative Act of June
10, 1890, ch. 407, 12, 13, 26 Stat. 136, as amended by the
Payne-Aldrich Act of Aug. 5, 1909, ch. 6, 28.
R.S. 2727 fixed the salary of the four general appraisers at the sum
of $2,500 a year each, and their actual traveling expenses. It was
repealed by act Feb. 27, 1877, ch. 69, 19 Stat. 246.
1980 -- Pub. L. 96-417, title V, 501(2), Oct. 10, 1980, 94 Stat.
1742, substituted ''COURT OF INTERNATIONAL TRADE'' for ''CUSTOMS COURT''
in chapter heading.
1970 -- Pub. L. 91-271, title I, 123(a), June 2, 1970, 84 Stat.
282, substituted ''Single-judge trial'' for ''Divisions; powers and
assignments'' in item 254, and ''Three-judge trials'' for ''Publication
of decisions'' in item 255, and added items 256 and 257.
See Appendix to this title.
Jurisdiction of Court of International Trade, see section 1581 et
seq. of this title.
28 USC 251. Appointment and number of judges; offices
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The President shall appoint, by and with the advice and consent
of the Senate, nine judges who shall constitute a court of record to be
known as the United States Court of International Trade. Not more than
five of such judges shall be from the same political party. The court
is a court established under article III of the Constitution of the
United States.
(b) The President shall designate one of the judges of the Court of
International Trade who is less than seventy years of age to serve as
chief judge. The chief judge shall continue to serve as chief judge
until he reaches the age of seventy years and another judge is
designated as chief judge by the President. After the designation of
another judge to serve as chief judge, the former chief judge may
continue to serve as a judge of the court.
(c) The offices of the Court of International Trade shall be located
in New York, New York.
(June 25, 1948, ch. 646, 62 Stat. 899; July 14, 1956, ch. 589, 1,
70 Stat. 532; Oct. 10, 1980, Pub. L. 96-417, title I, 101, 94 Stat.
1727.)
Based on title 28, U.S.C., 1940 ed., 296 (Mar. 3, 1911, ch. 231,
187(a), as added Oct. 10, 1940, ch. 843, 1, 54 Stat. 1101).
This section contains only a part of section 296 of title 28, U.S.C.,
1940 ed. Other provisions of such section are incorporated in sections
252, 253, 254, 455, 1581, 2071, 2639, and 2640 of this title.
The provision that vacancies should be filled by appointment of the
President and confirmed by the Senate was omitted as unnecessary in view
of the language of the revised section.
Words ''a court of record known as'' were added. (See Reviser's Note
under section 171 of this title.)
The term ''chief judge'' was substituted for ''presiding judge.''
(See reviser's note under section 136 of this title.)
The provisions of such section 296 of title 28, U.S.C., 1940 ed.,
relating to assignment and powers of retired judges were omitted as
covered by sections 294 and 296 of this title.
Changes in phraseology were made.
1980 -- Subsec. (a). Pub. L. 96-417 incorporated first par. in
provisions designated subsec. (a), redesignated the United States
Customs Court as the United States Court of International Trade, and
deleted ''appointed'' before ''shall be''.
Subsec. (b). Pub. L. 96-417 added subsec. (b) and struck out a
second paragraph requiring the President to designate from time to time
one of the judges to act as chief judge.
Subsec. (c). Pub. L. 96-417 designated third par. as subsec. (c)
and substituted ''Court of International Trade'' for ''court'' and
''located in New York, New York'' for ''located at the port of New
York''.
1956 -- Act July 14, 1956, declared the Customs Court to be a court
established under article III of the Constitution of the United States.
Section 701 of Pub. L. 96-417, as amended by Pub. L. 96-542, 1,
Dec. 17, 1980, 94 Stat. 3209, provided that:
''(a) Except as otherwise provided in this section, the provisions of
and amendments made by this Act (see section 1 of Pub. L. 96-417, set
out as a Short Title of 1980 Amendment note under section 1 of this
title) shall take effect on November 1, 1980 and shall apply with
respect to civil actions pending on or commenced on or after such date.
''(b)(1) The following sections of title 28, United States Code,
shall apply with respect to civil actions commenced on or after the
effective date of this Act (Nov. 1, 1980):
''(A) Sections 1581(d), 1581(g), 1581(h), 1581(i), and 1583, as
amended by section 201 of this Act.
''(B) Sections 2631(d), 2631(g), 2631(h), 2631(i), 2631(j), 2632(a),
2635, 2636, 2637(c), 2639(b), 2640(a)(5), 2640(c), 2640(d), 2643(a),
2643(c)(2), 2643(c)(4), and 2644, as amended by section 301 of this Act.
''(C) Section 1876, as added by section 302(a) of this Act.
''(D) Sections 2601 and 2602, as amended by section 403 of this Act.
''(E) Section 1919, as amended by section 510 of this Act.
''(F) Section 1963A, as added by section 511(a) of this Act.
''(2) Sections 337(c) and 641(b) of the Tariff Act of 1930 (19 U.S.C.
1337(c) and 1641(b)), as amended by sections 604 and 611 of this Act,
shall apply with respect to civil actions commenced on or after the
effective date of this Act.
''(3) Section 284 of the Trade Act of 1974 (19 U.S.C. 2395), as added
by section 613 of this Act, shall apply with respect to civil actions
commenced on or after the effective date of this Act.
''(c)(1) The following sections of title 28, United States Code,
shall apply with respect to civil actions commenced on or after the 90th
day after the effective date of this Act (Nov. 1, 1980):
''(A) Sections 1582, 2639(a)(2), and 2640(a)(6), as amended by
sections 201 and 301 of this Act.
''(B) Sections 1352, 1355, and 1356, as amended by sections 506, 507,
and 508 of this Act.
''(2) Section 592(e) of the Tariff Act of 1930 (19 U.S.C. 1592(e)),
as amended by section 609 of this Act, shall apply with respect to civil
actions commenced on or after 90th day after the effective date of this
Act.''
(Amendment of section 701 of Pub. L. 96-417, set out above, by Pub.
L. 96-542 effective as of Nov. 1, 1980, see section 3 of Pub. L.
96-542, set out as a note under section 1516a of Title 19, Customs
Duties.)
Section 702 of Pub. L. 96-417 provided that: ''Any reference in any
statute or regulation of the United States to the United States Customs
Court, the U.S. Customs Court, or the Customs Court shall be deemed to
be a reference to the United States Court of International Trade.''
Section 703 of Pub. L. 96-417 provided that:
''(a) Except as provided in subsection (b) of this section, the
amendments made by title I of this Act (amending this section and
section 293 of this title) shall not affect the status of any individual
serving as judge or chief judge of the Customs Court on the date of
enactment of this Act (Oct. 10, 1980).
''(b) The requirement that a person may not continue to serve as
chief judge of the Court of International Trade after having reached the
age of seventy years, as set forth in the amendment made by section 101
of this Act (amending this section), shall apply to any individual
serving as chief judge on or after the date of enactment of this Act
(Oct. 10, 1980).''
Section 704 of Pub. L. 96-417 provided that: ''Nothing in this Act
(see section 1 of Pub. L. 96-417, set out as a Short Title of 1980
Amendment note under section 1 of this title) shall cause the dismissal
of any action commenced prior to the date of enactment of this Act (Oct.
10, 1980) under jurisdictional statutes relating to the Customs Court or
the Court of Customs and Patent Appeals as in effect immediately prior
to such date of enactment (Oct. 10, 1980).''
Section 705 of Pub. L. 96-417 provided that: ''Nothing in this Act
(see section 1 of Pub. L. 96-417, set out as a Short Title of 1980
Amendment note under section 1 of this title) affects the authority of
the Tennessee Valley Authority under the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831 et seq.) to represent itself by attorneys of its
choosing.''
Section 4 of act July 14, 1956, provided that: ''Nothing contained
in this Act (amending this section and sections 292, 293, and 295 of
this title) shall be construed in any way to limit or alter the
jurisdiction heretofore conferred upon the United States Customs Court
(now Court of International Trade) by any provision of law.''
Section 2(b) of act June 25, 1948, provided in part that the
provisions of this title as set out in section 1 of act June 25, 1948,
with respect to the organization of the court, shall be construed as
continuations of existing law, and the tenure of the judges, officers,
and employees, in office on Sept. 1, 1948, shall not be affected by its
enactment, but each of them shall continue to serve in the same capacity
under the appropriate provisions of this title, pursuant to his prior
appointment.
Oath of judge, see sections 453 of this title.
Official station of Court of International Trade judges, see section
456 of this title.
28 USC 252. Tenure and salaries of judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Judges of the Court of International Trade shall hold office during
good behavior. Each shall receive a salary at an annual rate determined
under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361),
as adjusted by section 461 of this title.
(June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, 1(f),
69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, 403(f), 78 Stat.
434; Aug. 9, 1975, Pub. L. 94-82, title II, 205(b)(6), 89 Stat. 423;
Oct. 10, 1980, Pub. L. 96-417, title V, 502, 94 Stat. 1742.)
Based on title 28, U.S.C., 1940 ed., 296 (Mar. 3, 1911, ch. 231,
187(a), as added Oct. 10, 1940, ch. 843, 1, 54 Stat. 1101; July 31,
1946, ch. 704, 1, 60 Stat. 716).
This section contains a part of section 296 of title 28, U.S.C., 1940
ed., Other provisions of such section are incorporated in sections 251,
253, 254, 456, 1581, 2071, 2639, and 2640 of this title.
A provision exempting judge's salaries from section 1790 of the
Revised Statutes was omitted, as such section was repealed by act Aug.
26, 1935, ch. 689, 1, 49 Stat. 864.
A provision for monthly salary payments was omitted since time of
payment is a matter for administrative determination.
Changes were made in phraseology.
Section 225 of the Federal Salary Act of 1967, referred to in text,
is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat. 642, as
amended, which is classified to chapter 11 ( 351 et seq.) of Title 2,
The Congress.
1980 -- Pub. L. 96-417 substituted ''Judges of the Court of
International Trade'' for ''Judge of the Customs Court''.
1975 -- Pub. L. 94-82 substituted provision that each judge shall
receive a salary at an annual rate determined under section 225 of the
Federal Salary Act of 1967, as adjusted by section 461 of this title,
for provision that each judge shall receive a salary of $30,000 a year.
1964 -- Pub. L. 88-426 increased salaries of judges from $22,500 to
$30,000 a year.
1955 -- Act Mar. 2, 1955, increased salaries of judges from $15,000
to $22,500 a year.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub.
L. 88-426.
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section
5 of act Mar. 2, 1955, set out as a note under section 31 of Title 2,
The Congress.
1993 -- Salaries of judges increased to $133,600 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1993, by
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, set out as a note
under section 5332 of Title 5, Government Organization and Employees.
1992 -- Salaries of judges increased to $129,500 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1992, by
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as
a note under section 5332 of Title 5.
1991 -- Salaries of judges increased to $125,100 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1991, by
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as
a note under section 5332 of Title 5.
1990 -- Salaries of judges continued at $89,500 per annum, and
increased to $96,600, effective on first day of first pay period
beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23,
1989, 54 F.R. 53473, formerly set out as a note under section 5332 of
Title 5.
1989 -- Salaries of judges increased in the amount of 25 percent of
their rates (as last in effect before the increase), effective Jan. 1,
1991, see Pub. L. 101-194, title VII, 703(a)(3), Nov. 30, 1989, 103
Stat. 1768, set out as a note under section 5318 of Title 5.
Salaries of judges continued at $89,500 per annum by Ex. Ord. No.
12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under
section 5332 of Title 5.
1988 -- Salaries of judges continued at $89,500 per annum by Ex.
Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note
under section 5332 of Title 5.
1987 -- Salaries of judges increased to $89,500 per annum, on
recommendation of the President of the United States, see note set out
under section 358 of Title 2, The Congress.
Salaries of judges increased to $81,100 effective on first day of
first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No.
12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under
section 5332 of Title 5, Government Organization and Employees.
1985 -- Salaries of judges increased to $78,700 effective on first
day of first pay period beginning on or after Jan. 1, 1985, by Ex.
Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord.
No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under
section 5332 of Title 5.
1984 -- Salaries of judges increased to $76,000 effective on first
day of first pay period beginning on or after Jan. 1, 1984, by Ex.
Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No.
12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14,
1984, 49 F.R. 36493, formerly set out as a note under section 5332 of
Title 5.
1982 -- Salaries of judges increased to $73,100 effective on first
day of first pay period beginning on or after Oct. 1, 1982, by Ex.
Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that
pursuant to section 140 of Pub. L. 97-92 funds are not available to pay
a salary at a rate which exceeds the rate in effect on Dec. 15, 1981,
which was $70,300.
Maximum rate payable after Dec. 17, 1982, increased from $70,300 to
$73,100, see Pub. L. 97-377, title I, 129(b)-(d), Dec. 21, 1982, 96
Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(e) of Pub. L.
97-276, as amended, set out as a note under section 5318 of Title 5.
1981 -- Salaries of judges increased to $70,300 effective on first
day of first pay period beginning on or after Oct. 1, 1981, by Ex.
Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a
note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see sections 101(g) and 141 of Pub.
L. 97-92, set out as a note under section 5318 of Title 5.
1980 -- Salaries of judges increased to $67,100 effective on first
day of first pay period beginning on or after Oct. 1, 1980, by Ex.
Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided
that pursuant to Pub. L. 96-369 funds are not available to pay a salary
at a rate which exceeds the rate in effect on Sept. 30, 1980, which was
$57,497.50.
Limitations on use of funds for fiscal year ending Sept. 30, 1981,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(c) of Pub. L.
96-536, as amended, set out as a note under section 5318 of Title 5.
1979 -- Salaries of judges increased to $61,500 effective on first
day of first pay period beginning on or after Oct. 1, 1979, by Ex.
Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord.
No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that
pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980 may
not be used to pay a salary at a rate which exceeds an increase of 5.5
percent over the applicable rate payable for such position or office in
effect on Sept. 30, 1978, which was $57,497.50.
Applicability to funds appropriated by any Act for fiscal year ending
Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use
of funds to pay the salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above Level V of
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978 -- Salaries of judges increased to $57,500 effective on first
day of first pay period beginning on or after Oct. 1, 1978, by Ex.
Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12087, further provided
that pursuant to the Legislative Branch Appropriation Act, 1979 (Pub. L.
95-391, title III, 304, Sept. 30, 1978, 92 Stat. 788, set out as a note
under section 5318 of Title 5), funds are not available to pay a salary
at a rate which exceeds the rate in effect on Sept. 30, 1978, which was
$54,500.
1977 -- Salaries of judges increased to $54,500 per annum, on
recommendation of the President of the United States, see note set out
under section 358 of Title 2, The Congress.
1976 -- Salaries of judges increased to $44,000 effective on first
day of first pay period beginning on or after Oct. 1, 1976, see Ex.
Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note
under section 5332 of Title 5, Government Organization and Employees.
Ex. Ord. No. 11941, further provided that pursuant to the Legislative
Branch Appropriation Act, 1977, funds are not available to pay a salary
at a rate which exceeds the rate in effect on Sept. 30, 1976, which was
$42,000.
1969 -- Salaries of judges increased from $30,000 to $40,000 per
annum, commencing Feb. 14, 1969, on recommendation of the President of
the United States, see note set out under section 358 of Title 2, The
Congress.
1946 -- The salaries of the presiding judge and associate judges were
increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704,
1, 60 Stat. 716.
1930 -- The salaries of the presiding judge and associate judges were
increased from $9,000 to $10,000 a year by the Tariff Act of 1930, act
June 17, 1930, ch. 497, title IV, 518, 46 Stat. 737.
Retirement of judges, see section 371 et seq. of this title.
28 USC 253. Duties of chief judge; precedence of judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The chief judge of the Court of International Trade, with the
approval of the court, shall supervise the fiscal affairs and clerical
force of the court; /1/
(b) The chief judge shall promulgate dockets.
(c) The chief judge, under rules of the court, may designate any
judge or judges of the court to try any case and, when the circumstances
so warrant, reassign the case to another judge or judges.
(d) Whenever the chief judge is unable to perform the duties of his
office or the office is vacant, his powers and duties shall devolve upon
the judge next in precedence who is able to act, until such disability
is removed or another chief judge is appointed and duly qualified.
(e) The chief judge shall have precedence and shall preside at any
session which he attends. Other judges shall have precedence and shall
preside according to the seniority of their commissions. Judges whose
commissions bear the same date shall have precedence according to
seniority in age.
(June 25, 1948, ch. 646, 62 Stat. 900; Sept. 9, 1959, Pub. L.
86-243, 3, 73 Stat. 474; June 2, 1970, Pub. L. 91-271, title I, 105,
84 Stat. 276; Oct. 10, 1980, Pub. L. 96-417, title V, 501(3), 94 Stat.
1742.)
Based on title 28, U.S.C., 1940 ed., 296 (Mar. 3, 1911, ch. 231,
187(a), as added Oct. 10, 1940, ch. 843, 1, 54 Stat. 1101).
This section contains a part of section 296 of title 28, U.S.C., 1940
ed. Other provisions of such section are incorporated in sections 251,
252, 254, 456, 1581, 2071, 2639, and 2640 of this title.
Provision respecting recommendations for appointment, promotions, or
otherwise affecting such clerical force, was omitted as unnecessary in
view of section 871 of this title.
The second paragraph is partly new and conforms with similar
provisions of section 136(e) of this title, relating to the chief judges
of district courts.
The term ''chief judge'' was substituted for ''presiding judge.''
(See Reviser's Note under section 136 of this title.)
Changes were made in phraseology and arrangement.
1980 -- Subsec. (a). Pub. L. 96-417 redesignated the Customs Court
as the Court of International Trade.
1970 -- Pub. L. 91-271 reorganized existing provisions into lettered
subsecs. (a) to (e) and made minor changes in phraseology.
1959 -- Pub. L. 86-243 required the chief judge to supervise the
fiscal affairs and clerical force of the court, with the approval of the
court.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 91-271 effective Oct. 1, 1970, see section 122
of Pub. L. 91-271, set out as a note under section 256 of this title.
Amendment by Pub. L. 86-243 not to deprive Customs Court (now Court
of International Trade) officers or employees of any rights, privileges,
or civil service status, see section 4 of Pub. L. 86-243, set out as a
note under section 871 of this title.
/1/ So in original. The semicolon probably should be a period.
28 USC 254. Single-judge trials
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise provided in section 255 of this title, the
judicial power of the Court of International Trade with respect to any
action, suit or proceeding shall be exercised by a single judge, who may
preside alone and hold a regular or special session of court at the same
time other sessions are held by other judges.
(June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, 66,
63 Stat. 99; June 2, 1970, Pub. L. 91-271, title I, 106, 84 Stat. 277;
Oct. 10, 1980, Pub. L. 96-417, title V, 501(4), 94 Stat. 1742.)
Based on title 28, U.S.C., 1940 ed., 296 (Mar. 3, 1911, ch. 231,
187(a), as added Oct. 10, 1940, ch. 843, 1, 54 Stat. 1101).
This section contains a part of section 296 of title 28, U.S.C., 1940
ed. Other provisions of such section are incorporated in sections 251,
252, 253, 456, 1581, 2071, 2639, and 2640 of this title.
Words ''when in the opinion of such division or judge the ends of
justice so require,'' which followed the phrase ''grant a rehearing or
retrial,'' were omitted as surplusage.
The term ''chief judge'' was substituted for ''presiding judge.''
(See reviser's note under section 136 of this title.)
The phrase ''petitions for remission of additional duties'' was added
to the first paragraph at the suggestion of the court to conform to
existing practice.
Reappraisement appeals are heard by a single judge and reviewed by a
division. (See sections 2631 and 2636 of this title.)
The provision of section 296 of title 28, U.S.C., 1940 ed., that the
presiding judge shall designate one of the three judges of a division to
preside over such division was omitted as in conflict with section 253
of this title (also taken from section 296 of title 28 U.S.C., 1940
ed.), which provides that judges shall preside according to the
seniority of their commissions. The latter provision is in accord with
present practice.
Changes were made in arrangement and phraseology.
This amendment clarifies section 254 of title 28, U.S.C., by
restoring language of the original law.
Provisions similar to those relating to the assignment of judges to
hear and determine cases, and provisions similar to those authorizing
the chief judge to designate judges to hear and determine cases within
the jurisdiction of the United States, formerly contained in this
section, are covered by sections 255 and 256 of this title,
respectively.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1970 -- Pub. L. 91-271 substituted in section catchline
''Single-judge trials'' for ''Divisions; powers and assignments'' and
substituted provisions in text requiring the judicial power of the
Customs Court with respect to any action, suit, or proceeding to be
exercised by a single judge, for provisions setting forth the powers of
the chief judge of the Customs Court with respect to the organization of
such Court into divisions, and the assignment of judges to hear and
determine pending cases.
1949 -- Act May 24, 1949, inserted ''to hear or'' before ''to hear
and determine'' in third par.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 91-271 effective Oct. 1, 1970, see section 122
of Pub. L. 91-271, set out as a note under section 256 of this title.
28 USC 255. Three-judge trials
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Upon application of any party to a civil action, or upon his own
initiative, the chief judge of the Court of International Trade shall
designate any three judges of the court to hear and determine any civil
action which the chief judge finds: (1) raises an issue of the
constitutionality of an Act of Congress, a proclamation of the President
or an Executive order; or (2) has broad or significant implications in
the administration or interpretation of the customs laws.
(b) A majority of the three judges designated may hear and determine
the civil action and all questions pending therein.
(Added Pub. L. 91-271, title I, 108, June 2, 1970, 84 Stat. 277;
Pub. L. 96-417, title V, 501(5), Oct. 10, 1980, 94 Stat. 1742.)
A prior section 255 was renumbered section 257 of this title.
1980 -- Subsec. (a). Pub. L. 96-417 redesignated the Customs Court
as the Court of International Trade.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Section effective Oct. 1, 1970, see section 122 of Pub. L. 91-271,
set out as a note under section 256 of this title.
28 USC 256. Trials at ports other than New York
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The chief judge may designate any judge or judges of the court to
proceed, together with necessary assistants, to any port or to any place
within the jurisdiction of the United States to preside at a trial or
hearing at the port or place.
(b) Upon application of a party or upon his own initiative, and upon
a showing that the interests of economy, efficiency, and justice will be
served, the chief judge may issue an order authorizing a judge of the
court to preside in an evidentiary hearing in a foreign country whose
laws do not prohibit such a hearing: Provided, however, That an
interlocutory appeal may be taken from such an order pursuant to the
provisions of section 1292(d)(1) of this title, and the United States
Court of Appeals for the Federal Circuit may, in its discretion,
consider the appeal.
(Added Pub. L. 91-271, title I, 109, June 2, 1970, 84 Stat. 277;
amended Pub. L. 97-164, title I, 107, Apr. 2, 1982, 96 Stat. 28.)
1982 -- Subsec. (b). Pub. L. 97-164 substituted ''section 1292(d)(1)
of this title, and the United States Court of Appeals for the Federal
Circuit may, in its discretion, consider the appeal'' for ''section
1541(b) of this title, subject to the discretion of the Court of Customs
and Patent Appeals as set forth in that section''.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section 122 of title I of Pub. L. 91-271 provided that:
''(a) This title (see Short Title of 1970 Amendment note set out
under section 1 of this title) shall become effective on October 1,
1970, and shall thereafter apply to all actions and proceedings in the
Customs Court and the Court of Customs and Patent Appeals except those
involving merchandise entered before the effective date for which trial
has commenced by such effective date.
''(b) An appeal for reappraisement timely filed with the Bureau of
Customs before the effective date, but as to which trial has not
commenced by such date, shall be deemed to have had a summons timely and
properly filed under this title. When the judgment or order of the
United States Customs Court has become final in this appeal, the papers
shall be returned to the appropriate customs officer to decide any
remaining matters relating to the entry in accordance with section 500
of the Tariff Act of 1930, as amended (section 1500 of Title 19, Customs
Duties). A protest or summons filed after final decision on an appeal
for reappraisement shall not include issues which were raised or could
have been raised on the appeal for reappraisement.
''(c) A protest timely filed with the Bureau of Customs before the
effective date of enactment of this Act (June 2, 1970), which is
disallowed before that date, and as to which trial has not commenced by
such date, shall be deemed to have had a summons timely and properly
filed under this title.
''(d) All other provisions of this Act (see Short Title notes set out
under section 1 of this title and section 1500 of Title 19) shall apply
to appeals and disallowed protests deemed to have had summonses timely
and properly filed under this section.''
28 USC 257. Publication of decisions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
All decisions of the Court of International Trade shall be preserved
and open to inspection. The court shall forward copies of each decision
to the Secretary of the Treasury or his designee and to the appropriate
customs officer for the district in which the case arose. The Secretary
shall publish weekly such decisions as he or the court may designate and
abstracts of all other decisions.
(June 25, 1948, ch. 646, 62 Stat. 900, 255; renumbered 257, and
amended June 2, 1970, Pub. L. 91-271, title I, 107, 84 Stat. 277; Oct.
10, 1980, Pub. L. 96-417, title V, 501(6), 94 Stat. 1742.)
Based on section 1519 of title 19, U.S.C., 1940 ed., Customs Duties
(June 17, 1930, ch. 497, title IV, 519, 46 Stat. 739).
Changes in phraseology were made.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1970 -- Pub. L. 91-271 inserted ''or his designee'' after
''Secretary of the Treasury,'' and substituted ''to the appropriate
customs officer'' for ''the collector''.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 91-271 effective Oct. 1, 1970, see section 122
of Pub. L. 91-271, set out as an Effective Date note under section 256
of this title.
Opinions and judgments, see rules 54 and 58, Appendix to this title.
28 USC CHAPTER 13 -- ASSIGNMENT OF JUDGES TO OTHER COURTS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
291. Circuit judges.
292. District judges.
293. Judges of the Court of International Trade.
294. Assignment of retired justices or judges to active duty. /1/
295. Conditions upon designation and assignment.
296. Powers upon designation and assignment.
297. Assignment of judges to courts of the freely associated compact
states.
1988 -- Pub. L. 100-702, title X, 1022(2), Nov. 19, 1988, 102
Stat. 4673, added item 297.
1982 -- Pub. L. 97-164, title I, 110(c), Apr. 2, 1982, 96 Stat.
29, substituted ''the Court of International Trade'' for ''other
courts'' in item 293.
1958 -- Pub. L. 85-755, 8, Aug. 25, 1958, 72 Stat. 850,
substituted ''Judges of other courts'' for ''Circuit or district judges
to Court of Customs and Patent Appeals'' in item 293.
/1/ Section catchline amended by Pub. L. 85-755 without
corresponding amendment of analysis.
28 USC 291. Circuit judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Chief Justice of the United States may, in the public
interest, designate and assign temporarily any circuit judge to act as
circuit judge in another circuit upon request by the chief judge or
circuit justice of such circuit.
(b) The chief judge of a circuit or the circuit justice may, in the
public interest, designate and assign temporarily any circuit judge
within the circuit, including a judge designated and assigned to
temporary duty therein, to hold a district court in any district within
the circuit.
(June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, 2,
67 Stat. 226; Sept. 3, 1954, ch. 1263, 39(b), 68 Stat. 1240; July 9,
1956, ch. 517, 1(a), 70 Stat. 497; Aug. 25, 1958, Pub. L. 85-755, 2,
72 Stat. 848; Nov. 6, 1978, Pub. L. 95-598, title II, 202, 92 Stat.
2660; Apr. 2, 1982, Pub. L. 97-164, title I, 108, 96 Stat. 28; Oct.
29, 1992, Pub. L. 102-572, title I, 104, 106 Stat. 4507.)
Based on title 28, U.S.C., 1940 ed., 17, 22 (Mar. 3, 1911, ch.
231, 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203;
Sept. 14, 1922, ch. 306, 3, 5, 42 Stat. 839; Mar. 2, 1929, ch. 488,
1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936,
ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, 4, 50 Stat. 753;
Dec. 29, 1942, ch. 835, 1, 56 Stat. 1094).
Section consolidates all provisions of sections 17 and 22 of title
28, U.S.C., 1940 ed., relating to designation and assignment of circuit
judges.
The revised section omits a reference to the Chief Justice contained
in said section 22, since in exercising the powers under subsection (b),
he acts as a circuit justice.
Paragraph (d) of said section 17, making the section applicable to
the United States Court of Appeals for the District of Columbia, is
omitted since such court is included in this revision because the
District of Columbia is made a separate circuit. (See section 41 of
this title.)
Provisions of said sections 17 and 22 authorizing the senior
Associate Justice to act in the absence of the Chief Justice of the
United States were omitted as surplusage in view of specific authority
to so act in section 3 of this title.
The words in said section 17 ''for such time as the business of such
district court may require,'' were omitted as inconsistent with the
language of said section 22 of title 28, U.S.C., 1940 ed., which
employed the words ''the public interest requires'' and ''from time to
time and until he shall otherwise direct.'' The revised section and
sections 294 and 296 of this title make clear the power to make
designation and assignment without any limitation of time, to revoke
such designation and assignment and to make, from time to time, new
designations and assignments.
The term ''chief judge'' of the circuit was substituted for ''senior
circuit judge.'' (See reviser's note under section 136 of this title.)
References in said sections 17 and 22 to retired judges were omitted
as covered by section 294 of this title.
Other provisions of said section 17 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 292, 295 and 296 of this title.
Other provisions of said section 22 of title 28, U.S.C., 1940 ed.,
are incorporated in section 296 of this title.
Changes were made in phraseology and arrangement.
1992 -- Subsec. (a). Pub. L. 102-572 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''The Chief Justice
of the United States may designate and assign temporarily any circuit
judge to act as circuit judge in another circuit upon presentation of a
certificate of necessity by the chief judge or circuit justice of the
circuit where the need arises.''
1982 -- Subsecs. (b), (c). Pub. L. 97-164 redesignated subsec. (c)
as (b). Former subsec. (b), which authorized the Chief Justice of the
United States to designate and temporarily assign any circuit judge to
serve as a judge of the Court of Claims or the Court of Customs and
Patent Appeals upon presentation to him of a certificate of necessity by
the chief judge of the court in which the need arose, was struck out.
1978 -- Subsec. (c). Pub. L. 95-598 directed the amendment of
subsec. (c) by inserting ''or bankruptcy'' after ''to hold a
district'', 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.
1958 -- Subsec. (a). Pub. L. 85-755 struck out provision for
assignment of any judge of the Court of Claims to serve as circuit judge
in any circuit. See section 293(a) of this title.
Subsec. (b). Pub. L. 85-755 redesignated subsec. (c) as (b) and
incorporated in it provision for assignment of circuit judges to Court
of Customs and Patent Appeals formerly contained in section 293 of this
title. Former subsec. (b), which provided for assignment of judges of
the Court of Customs and Patent Appeals to serve as judges of the Court
of Appeals or the District Court for the District of Columbia, was
struck out. See section 293(a) of this title.
Subsecs. (c), (d). Pub. L. 85-755 redesignated subsec. (d) as (c).
Former subsec. (c) redesignated (b).
1956 -- Subsec. (a). Act July 9, 1956, inserted ''or any judge of
the Court of Claims to serve as a circuit judge in any circuit''.
1954 -- Subsec. (c). Act Sept. 3, 1954, struck out ''United
States'' from name of Court of Claims.
1953 -- Subsecs. (c), (d). Act July 28, 1953, added subsec. (c)
and redesignated former subsec. (c) as (d).
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.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section 7 of Pub. L. 85-755 provided that: ''Nothing contained in
this Act (amending sections 211 and 291 to 295 of this title) shall be
construed in any way to limit or alter the jurisdiction heretofore
conferred upon the United States Court of Customs and Patent Appeals
(now United States Court of Appeals for the Federal Circuit) by any
provision of law.''
Assignment of circuit judge to serve as judge in District Court of
Guam by Chief Justice of the United States, see section 1424b of Title
48, Territories and Insular Possessions.
Assignment of judge to serve temporarily as a judge of the District
Court of the Virgin Islands, see section 1614 of Title 48.
28 USC 292. District judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The chief judge of a circuit may designate and assign one or more
district judges within the circuit to sit upon the court of appeals or a
division thereof whenever the business of that court so requires. Such
designations or assignments shall be in conformity with the rules or
orders of the court of appeals of the circuit.
(b) The chief judge of a circuit may, in the public interest,
designate and assign temporarily any district judge of the circuit to
hold a district court in any district within the circuit.
(c) The chief judge of the United States Court of Appeals for the
District of Columbia Circuit may, upon presentation of a certificate of
necessity by the chief judge of the Superior Court of the District of
Columbia pursuant to section 11-908(c) of the District of Columbia Code,
designate and assign temporarily any district judge of the circuit to
serve as a judge of such Superior Court, if such assignment (1) is
approved by the Attorney General of the United States following a
determination by him to the effect that such assignment is necessary to
meet the ends of justice, and (2) is approved by the chief judge of the
United States District Court for the District of Columbia.
(d) The Chief Justice of the United States may designate and assign
temporarily a district judge of one circuit for service in another
circuit, either in a district court or court of appeals, upon
presentation of a certificate of necessity by the chief judge or circuit
justice of the circuit wherein the need arises.
(e) The Chief Justice of the United States may designate and assign
temporarily any district judge to serve as a judge of the Court of
International Trade upon presentation to him of a certificate of
necessity by the chief judge of the court.
(June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, 3,
67 Stat. 226; Sept. 3, 1954, ch. 1263, 39(c), 68 Stat. 1240; July 9,
1956, ch. 517, 1(b), 70 Stat. 497; July 14, 1956, ch. 589, 2, 70
Stat. 532; Aug. 25, 1958, Pub. L. 85-755, 3, 72 Stat. 848; July 29,
1970, Pub. L. 91-358, title I, 172(e), 84 Stat. 591; Nov. 6, 1978,
Pub. L. 95-598, title II, 203, 204, 92 Stat. 2660; Oct. 10, 1980,
Pub. L. 96-417, title V, 501(7), 94 Stat. 1742; Apr. 2, 1982, Pub. L.
97-164, title I, 109, 96 Stat. 28.)
Based on title 28, U.S.C., 1940 ed., 17, 21 and 216 (Mar. 3, 1911,
ch. 231, 13, 17, 120, 36 Stat. 1089, 1132; Sept. 14, 1922, ch. 306,
3, 42 Stat. 839; Aug. 24, 1937, ch. 754, 4, 50 Stat. 753; Dec. 29,
1942, ch. 835, 1, 56 Stat. 1094).
Section consolidates and simplifies all provisions of sections 17, 21
and 216 of title 28, U.S.C., 1940 ed., relating to designation and
assignment of district judges.
Term ''chief judge'' was substituted for ''senior circuit judge.''
(See Reviser's Note under section 136 of this title.)
Sections 17 and 21 of title 28, U.S.C., 1940 ed., were inconsistent
insofar as the words ''or in his absence, the circuit judges thereof,''
appearing in said section 17 were not in section 21, and the words
''senior circuit judge then present in the circuit,'' appearing in
section 21 were not in section 17. The revised section omits all such
words and leaves designation of assignment to the chief judge of the
circuit. If the chief judge is unable to perform his duties they
devolve, under section 45 of this title, upon the circuit judge next in
seniority of commission.
The provision of said section 17, that designation of a district
judge to another circuit should be from an adjacent circuit if
practicable, was omitted as an unnecessary restriction on the discretion
of the Chief Justice.
Section 19 of title 28, U.S.C., 1940 ed., is omitted as unnecessary.
It authorized the Chief Justice of the United States to designate and
assign any district judge to a district upon receiving a certificate
from the clerk of the district that all circuit judges and the circuit
justice were absent from the circuit, or were unable to appoint a
substitute judge for the district,or where the district judge actually
designated was disabled or neglected to hold court.
For omission of reference in said section 17 to senior Associate
Justice, see reviser's note under section 291 of this title.
Reference in said section 17 to retired judges were omitted as
covered by section 294 of this title.
Other provisions of said section 17 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 291, 295, and 296 of this title. Other
provisions of said section 216 of such title are incorporated in
sections 45 and 47 of this title.
Words ''either in a district court or court of appeals'' were
inserted in subsection (c) as suggested by Hon. Learned Hand, Senior
Circuit Judge of the Second Circuit. The revised section permits a
district judge to be assigned directly to the circuit court of appeals
of another circuit. Under existing law it has been assumed that he must
be assigned to serve as a district judge on the other circuit and then
designated to serve on the circuit court of appeals by that court in
which his services are required.
Many changes were made in phraseology.
1982 -- Subsec. (e). Pub. L. 97-164 struck out ''the Court of
Claims, the Court of Customs and Patent Appeals or'' after ''to serve as
a judge of'' and ''in which the need arises'' after ''chief judge of the
court''.
1980 -- Subsec. (e). Pub. L. 96-417 redesignated the Customs Court
as the Court of International Trade.
1978 -- Subsecs. (b), (d). Pub. L. 95-598 directed the amendment of
subsec. (b) by substituting ''to hold a district court or a bankruptcy
court'' for ''to hold a district court'' and the amendment of subsec.
(d) by substituting ''in a bankruptcy court, district court, or court of
appeals'' for ''either in a district court or court of appeals'', which
amendments 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.
1970 -- Subsecs. (c) to (e). Pub. L. 91-358 added subsec. (c) and
redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1958 -- Subsecs. (a) to (c). Pub. L. 85-755 reenacted subsecs. (a)
to (c) without change.
Subsec. (d). Pub. L. 85-755 incorporated provisions for assignment of
district judges to the Court of Customs and Patent Appeals and the
Customs Court, formerly contained in section 293 of this title and
subsec. (f) of this section.
Subsec. (e). Pub. L. 85-755 struck out subsec. (e) which provided
for assignment of judges of the Court of Claims to district courts. See
section 293(a) of this title.
Subsec. (f). Pub. L. 85-755 struck out subsec. (f) which provided
for assignment of district judges to the Customs Court. See subsec.
(d) of this section.
1956 -- Subsec. (e). Act July 9, 1956, added subsec. (e).
Subsec. (f). Act July 14, 1956, added subsec. (f).
1954 -- Subsec. (d). Act Sept. 3, 1954, struck out ''United
States'' from name of Court of Claims.
1953 -- Subsec. (d). Act July 28, 1953, added subsec. (d).
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 199(a) of
Pub. L. 91-358, set out as a note under section 1257 of this title.
Amendment by Pub. L. 85-755 not limiting or altering the
jurisdiction of the United States Court of Customs and Patent Appeals
(now United States Court of Appeals for the Federal Circuit), see
section 7 of Pub. L. 85-755, set out as a note under section 291 of
this title.
Amendment by act July 14, 1956, not to be construed as limiting or
altering the jurisdiction heretofore conferred upon the Customs Court
(now United States Court of International Trade), see section 4 of act
July 14, 1956, set out as a note under section 251 of this title.
Assignment of district judge to serve as judge in District Court of
Guam by Chief Justice of the United States, see section 1424b of Title
48, Territories and Insular Possessions.
Assignment of judge to serve temporarily as a judge of the District
Court of the Virgin Islands, see section 1614 of Title 48.
28 USC 293. Judges of the Court of International Trade
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) /1/ The Chief Justice of the United States may designate and
assign temporarily any judge of the Court of International Trade to
perform judicial duties in any circuit, either in a court of appeals or
district court, upon presentation of a certificate of necessity by the
chief judge or circuit justice of the circuit in which the need arises.
(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589,
3(a), 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, 4, 72 Stat. 848;
Nov. 6, 1978, Pub. L. 95-598, title II, 205, 92 Stat. 2660; Oct. 10,
1980, Pub. L. 96-417, title I, 102, title V, 501(8), 94 Stat. 1727,
1742; Apr. 2, 1982, Pub. L. 97-164, title I, 110(a), (b), 96 Stat.
29.)
Based on title 28, U.S.C., 1940 ed., 301 (Mar. 3, 1911, ch. 231,
188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, 1, 45 Stat. 1475).
Section simplifies last sentence of section 301 of title 28, U.S.C.,
1940 ed., and is in conformity with other designation and assignment
provisions of this chapter.
Other provisions of said section 301 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 211-213, 215, and 296 of this title.
This section transfers from the President to the Chief Justice of the
United States the authority to designate and assign which is in
conformity with sections 201 and 292 of this title.
The words ''he is willing to undertake'' were added to make clear
that such service is voluntary.
The term ''chief judge'' was substituted for ''presiding judge.''
(See reviser's note under section 136 of this title.)
Changes were made in phraseology.
1982 -- Pub. L. 97-164, 110(b), substituted ''the Court of
International Trade'' for ''other courts'' in section catchline.
Subsec. (a). Pub. L. 97-164, 110(a)(1), (2), redesignated subsec.
(b) as (a). Former subsec. (a), which authorized the Chief Justice to
designate and assign judges of the Court of Claims or the Court of
Customs and Patent Appeals to serve temporarily on the other of these
two courts or in a court of appeals or district court of any circuit in
times of necessity, was struck out.
Subsec. (b). Pub. L. 97-164, 110(a)(2), (3), redesignated subsec.
(e), as that subsec. was to have become effective pursuant to Pub. L.
95-598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978
Amendment note below.
Subsecs. (c), (d). Pub. L. 97-164, 110(a)(1), struck out subsecs.
(c) and (d) which related, respectively, to the authority of the chief
judge of the Court of Customs and Patent Appeals to designate and assign
temporarily any judge of the Court of Customs and Patent Appeals to
serve as a judge of the Court of International Trade and to the
authority of the chief judge of the Court of International Trade to
designate and assign temporarily any judge of the Court of International
Trade to serve as a judge of the Court of Customs and Patent Appeals or
the Court of Claims.
Subsec. (e). Pub. L. 97-164, 110(a)(3), redesignated subsec. (e),
as that subsec. was to have become effective pursuant to Pub. L.
95-598, as subsec. (b). See 1978 Amendment note below.
1980 -- Subsec. (b). Pub. L. 96-417, 102(a), redesignated the
Customs Court as the Court of International Trade and authorized
performance of judicial functions in a court of appeals.
Subsec. (c). Pub. L. 96-417, 501(8), redesignated the Customs Court
as the Court of International Trade.
Subsec. (d). Pub. L. 96-417, 102(b), redesignated the Customs Court
as the Court of International Trade and authorized temporary assignments
to the Court of Claims of judges of the Court of International Trade
upon presentation of a certificate of necessity by the chief judge of
the Court of Claims.
1978 -- Subsec. (e). Pub. L. 95-598 directed the amendment of this
section by adding subsec. (e) relating to temporary assignments of
bankruptcy judges, 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.
1958 -- Pub. L. 85-755 substituted ''Judges of other courts'' for
''Circuit or district judges to court of customs and patent appeals'' in
section catchline.
Subsec. (a). Pub. L. 85-755 added subsec. (a). It incorporates
provisions of former sections 291(a), (b) and 292(e) of this title
respecting assignment of any judge of the Court of Claims to serve as
circuit judge in any circuit, assignment of judges of the Court of
Customs and Patent Appeals to serve as judges of the Court of Appeals or
the District Court of Appeals or the District Court for the District of
Columbia, and assignment of judges of the Court of Claims to district
courts, respectively.
Subsec. (b). Pub. L. 85-755 designated existing second par. as
subsec. (b).
Subsecs. (c), (d). Pub. L. 85-755 added subsecs. (c) and (d).
1956 -- Act July 14, 1956, authorized the Chief Justice of the United
States to designate and assign temporarily a judge of the Customs Court
to perform judicial duties in a district court in any circuit.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 85-755 not limiting or altering the
jurisdiction of the United States Court of Customs and Patent Appeals
(now United States Court of Appeals for the Federal Circuit), see
section 7 of Pub. L. 85-755, set out as a note under section 291 of
this title.
Amendment by act July 14, 1956, not to be construed as limiting or
altering the jurisdiction heretofore conferred upon the Customs Court
(now United States Court of International Trade), see section 4 of act
July 14, 1956, set out as a note under section 251 of this title.
/1/ There is no subsec. (b).
28 USC 294. Assignment of retired Justices or judges to active duty
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any retired Chief Justice of the United States or Associate
Justice of the Supreme Court may be designated and assigned by the Chief
Justice of the United States to perform such judicial duties in any
circuit, including those of a circuit justice, as he is willing to
undertake.
(b) Any judge of the United States who has retired from regular
active service under section 371(b) or 372(a) of this title shall be
known and designated as a senior judge and may continue to perform such
judicial duties as he is willing and able to undertake, when designated
and assigned as provided in subsections (c) and (d).
(c) Any retired circuit or district judge may be designated and
assigned by the chief judge or judicial council of his circuit to
perform such judicial duties within the circuit as he is willing and
able to undertake. Any other retired judge of the United States may be
designated and assigned by the chief judge of his court to perform such
judicial duties in such court as he is willing and able to undertake.
(d) The Chief Justice of the United States shall maintain a roster of
retired judges of the United States who are willing and able to
undertake special judicial duties from time to time outside their own
circuit, in the case of a retired circuit or district judge, or in a
court other than their own, in the case of other retired judges, which
roster shall be known as the roster or senior judges. Any such retired
judge of the United States may be designated and assigned by the Chief
Justice to perform such judicial duties as he is willing and able to
undertake in a court outside his own circuit, in the case of a retired
circuit or district judge, or in a court other than his own, in the case
of any other retired judge of the United States. Such designation and
assignment to a court of appeals or district court shall be made upon
the presentation of a certificate of necessity by the chief judge or
circuit justice of the circuit wherein the need arises and to any other
court of the United States upon the presentation of a certificate of
necessity by the chief judge of such court. No such designation or
assignment shall be made to the Supreme Court.
(e) No retired justice or judge shall perform judicial duties except
when designated and assigned.
(June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, 1(c),
70 Stat. 497; Aug. 29, 1957, Pub. L. 85-219, 71 Stat. 495; Aug. 25,
1958, Pub. L. 85-755, 5, 72 Stat. 849; Nov. 6, 1978, Pub. L. 95-598,
title II, 206, 92 Stat. 2660.)
Based on title 28, U.S.C., 1940 ed., 375, 375a, and 375f (Mar. 3,
1911, ch. 231, 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, 6, 40 Stat.
1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, 50
Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433,
5, as added May 11, 1944, ch. 192, 1-3, 58 Stat. 218, 219).
Section consolidates those parts of sections 375, 375a, and 375f of
title 28, U.S.C., 1940 ed., relating to designation and assignment of
retired justices and judges. Other provisions of said sections 375 and
375a, appear in sections 136, 371, and 756 of this title.
The term ''chief judge'' was substituted for ''presiding judge or
senior judge.'' (See Reviser's Note under section 136 of this title.)
Changes were made in phraseology.
1978 -- Subsecs. (c), (d). Pub. L. 95-598 directed the amendment of
subsec. (c) by substituting ''district or bankruptcy judge'' for ''or
district'' and the amendment of subsec. (d) by substituting '',
district judge or bankruptcy judge'' for ''or district judge'', which
amendments 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.
1958 -- Subsec. (a). Pub. L. 85-755 reenacted subsec. (a) without
change.
Subsecs. (b) to (d). Pub. L. 85-755 revised and rearranged subject
matter to apply ''senior judge'' to all judges who retire from regular
active service under sections 371(b) and 372(a) of this title, while
retaining their commissions, rather than merely to those who ask to be
placed on the Chief Justice's roster, to lodge solely in the chief judge
and judicial council of the circuit concerned the intracircuit
assignment power, and in the Chief Justice the power to assign retired
judges beyond their circuits or special courts.
Subsec. (e). Pub. L. 85-755 reenacted subsec. (e) without change.
1957 -- Subsec. (d). Pub. L. 85-219 added subsec. (d).
1956 -- Subsec. (b). Act July 9, 1956, inserted provisions relating
to assignment of retired judges of the Court of Claims.
Amendment by Pub. L. 85-755 not limiting or altering the
jurisdiction of the United States Court of Customs and Patent Appeals
(now United States Court of Appeals for the Federal Circuit), see
section 7 of Pub. L. 85-755, set out as a note under section 291 of
this title.
28 USC 295. Conditions upon designation and assignment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
No designation and assignment of a circuit or district judge in
active service shall be made without the consent of the chief judge or
judicial council of the circuit from which the judge is to be designated
and assigned. No designation and assignment of a judge of any other
court of the United States in active service shall be made without the
consent of the chief judge of such court.
All designations and assignments of justices and judges shall be
filed with the clerks and entered on the minutes of the courts from and
to which made.
The Chief Justice of the United States, a circuit justice or a chief
judge of a circuit may make new designation and assignments in
accordance with the provisions of this chapter and may revoke those
previously made by him.
(June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263,
39(d), 68 Stat. 1240; July 14, 1956, ch. 589, 3(b), 70 Stat. 532;
Aug. 25, 1958, Pub. L. 85-755, 6, 72 Stat. 850; Nov. 6, 1978, Pub. L.
95-598, title II, 207, 92 Stat. 2660.)
Based on title 28, U.S.C., 1940 ed., 17, 20 (Mar. 3, 1911, ch.
231, 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, 3, 42 Stat.
839; Aug. 24, 1937, ch. 754, 4, 50 Stat. 753; Dec. 29, 1942, ch.
835, 1, 4, 56 Stat. 1094, 1095).
This section consolidates and simplifies provisions of sections 17
and 20 of title 28, U.S.C., 1940 ed., relating to conditions upon
designation and assignment as well as those applicable to filing,
revoking and making new designations.
Other provisions of section 17 of title 28, U.S.C., 1940 ed., are
incorporated in section 291, 292, and 296 of this title.
The reference in said section 20 to senior Associate Judge was
omitted. (See Reviser's Note under section 291 of this title.)
The terms ''chief judge'' and ''chief judge of a circuit'' were
substituted for ''senior circuit judge''. (See Reviser's Note under
section 136 of this title.)
The alternative provision for approval by the judicial council of the
circuit was inserted to conform with section 332 of this title.
Changes were made in phraseology.
1978 -- Pub. L. 95-598 directed the amendment of section by
substituting ''district, or bankruptcy'' for ''or district'', 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.
1958 -- Pub. L. 85-755 substituted ''of any other court of the
United States'' for ''of the Customs Court'' in first par.
1956 -- Act July 14, 1956, provided that no designation and
assignment of a judge of the Customs Court in active service shall be
made without the consent of the chief judge of the court.
1954 -- Act Sept. 3, 1954, made it clear that the section applies
only to the assignment of circuit and district judges in active service.
Amendment by Pub. L. 85-755 not limiting or altering the
jurisdiction of the United States Court of Customs and Patent Appeals
(now United States Court of Appeals for the Federal Circuit), see
section 7 of Pub. L. 85-755, set out as a note under section 291 of
this title.
Amendment by act July 14, 1956, not to be construed as limiting or
altering the jurisdiction heretofore conferred upon the Customs Court
(now United States Court of International Trade), see section 4 of act
July 14, 1956, set out as a note under section 251 of this title.
28 USC 296. Powers upon designation and assignment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A justice or judge shall discharge, during the period of his
designation and assignment, all judicial duties for which he is
designated and assigned. He may be required to perform any duty which
might be required of a judge of the court or district or circuit to
which he is designated and assigned.
Such justice or judge shall have all the powers of a judge of the
court, circuit or district to which he is designated and assigned,
except the power to appoint any person to a statutory position or to
designate permanently a depository of funds or a newspaper for
publication of legal notices.
A justice or judge who has sat by designation and assignment in
another district or circuit may, notwithstanding his absence from such
district or circuit or the expiration of the period of his designation
and assignment, decide or join in the decision and final disposition of
all matters submitted to him during such period and in the consideration
and disposition of applications for rehearing or further proceedings in
such matters.
(June 25, 1948, ch. 646, 62 Stat. 901.)
Based on title 28, U.S.C., 1940 ed., 17, 18, 22, 23, 301 (Mar. 3,
1911, ch. 231, 13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct. 3,
1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, 2, 5, 40 Stat.
1156, 1157; Sept. 14, 1922, ch. 306, 3, 4, 5, 42 Stat. 839; Dec.
13, 1926, ch. 6, 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, 1, 45 Stat.
1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49
Stat. 1921; Aug. 24, 1937, ch. 754, 4, 50 Stat. 753; Dec. 29, 1942,
ch. 835, 1, 2, 5, 6, 56 Stat. 1094, 1095).
Section simplifies provisions of sections 17, 18, paragraphs (b) and
(c) of section 22, and sections 23 and 301 of title 28, U.S.C., 1940
ed., relating to powers and duties of designated judges.
Other provisions of said sections 17 and 22 of title 28, U.S.C., 1940
ed., are incorporated in sections 291, 292, and 295 of this title.
Other provisions of said section 301 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 211-213, 215, and 293 of this title.
Section is made applicable to retired justices of the Supreme Court
by inclusion of reference to ''justice,'' on the theory that a justice
should have the same powers and duties and be subject to the same
limitations as designated and assigned circuit and district judges.
The second sentence of the revised section was substituted for the
provision of section 18 of title 28, U.S.C., 1940 ed., which subjected
circuit judges to the same assignments of duty as the circuit judges of
the circuit to which they are designated and assigned. The revised
section extends this requirement and makes it applicable to all
designated and assigned judges.
The provision in the last paragraph of said section 22 that the
action of the assigned judge in writing filed with the clerk of court
where the trial or hearing was held shall be valid as if such action had
been taken by him within the district and within the period of his
designation, was omitted as surplusage. See section 295 of this title.
28 USC 297. Assignment of judges to courts of the freely associated
compact states
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Chief Justice or the chief judge of the United States Court
of Appeals for the Ninth Circuit may assign any circuit or district
judge of the Ninth Circuit, with the consent of the judge so assigned,
to serve temporarily as a judge of any duly constituted court of the
freely associated compact states whenever an official duly authorized by
the laws of the respective compact state requests such assignment and
such assignment is necessary for the proper dispatch of the business of
the respective court.
(b) The Congress consents to the acceptance and retention by any
judge so authorized of reimbursement from the countries referred to in
subsection (a) of all necessary travel expenses, including
transportation, and of subsistence, or of a reasonable per diem
allowance in lieu of subsistence. The judge shall report to the
Administrative Office of the United States Courts any amount received
pursuant to this subsection.
(Added Pub. L. 100-702, title X, 1022(1), Nov. 19, 1988, 102 Stat.
4672.)
28 USC CHAPTER 15 -- CONFERENCES AND COUNCILS OF JUDGES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
331. Judicial Conference of the United States.
332. Judicial councils of circuits.
333. Judicial conferences of circuits.
334. Institutes and joint councils on sentencing.
335. Judicial Conference of the Court of International Trade.
1986 -- Pub. L. 99-466, 2(b), Oct. 14, 1986, 100 Stat. 1190,
added item 335.
1980 -- Pub. L. 96-458, 2(d)(2), Oct. 15, 1980, 94 Stat. 2036,
inserted ''of circuits'' in item 332.
1958 -- Pub. L. 85-752, 2, Aug. 25, 1958, 72 Stat. 845, added
item 334.
28 USC 331. Judicial Conference of the United States
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Chief Justice of the United States shall summon annually the
chief judge of each judicial circuit, the chief judge of the Court of
International Trade, and a district judge from each judicial circuit to
a conference at such time and place in the United States as he may
designate. He shall preside at such conference which shall be known as
the Judicial Conference of the United States. Special sessions of the
Conference may be called by the Chief Justice at such times and places
as he may designate.
The district judge to be summoned from each judicial circuit shall be
chosen by the circuit and district judges of the circuit at the annual
judicial conference of the circuit held pursuant to section 333 of this
title and shall serve as a member of the conference for three successive
years, except that in the year following the enactment of this amended
section the judges in the first, fourth, seventh, and tenth circuits
shall choose a district judge to serve for one year, the judges in the
second, fifth, and eighth circuits shall choose a district judge to
serve for two years and the judges in the third, sixth, ninth, and
District of Columbia circuits shall choose a district judge to serve for
three years.
If the chief judge of any circuit, the chief judge of the Court of
International Trade, or the district judge chosen by the judges of the
circuit is unable to attend, the Chief Justice may summon any other
circuit or district judge from such circuit or any other judge of the
Court of International Trade, as the case may be. Every judge summoned
shall attend and, unless excused by the Chief Justice, shall remain
throughout the sessions of the conference and advise as to the needs of
his circuit or court and as to any matters in respect of which the
administration of justice in the courts of the United States may be
improved.
The Conference shall make a comprehensive survey of the condition of
business in the courts of the United States and prepare plans for
assignment of judges to or from circuits or districts where necessary.
It shall also submit suggestions and recommendations to the various
courts to promote uniformity of management procedures and the
expeditious conduct of court business. The Conference is authorized to
exercise the authority provided in section 372(c) of this title as the
Conference, or through a standing committee. If the Conference elects
to establish a standing committee, it shall be appointed by the Chief
Justice and all petitions for review shall be reviewed by that
committee. The Conference or the standing committee may hold hearings,
take sworn testimony, issue subpoenas and subpoenas duces tecum, and
make necessary and appropriate orders in the exercise of its authority.
Subpoenas and subpoenas duces tecum shall be issued by the clerk of the
Supreme Court or by the clerk of any court of appeals, at the direction
of the Chief Justice or his designee and under the seal of the court,
and shall be served in the manner provided in rule 45(c) of the Federal
Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued
on behalf of the United States or an officer or any agency thereof. The
Conference may also prescribe and modify rules for the exercise of the
authority provided in section 372(c) of this title. All judicial
officers and employees of the United States shall promptly carry into
effect all orders of the Judicial Conference or the standing committee
established pursuant to this section.
The Conference shall also carry on a continuous study of the
operation and effect of the general rules of practice and procedure now
or hereafter in use as prescribed by the Supreme Court for the other
courts of the United States pursuant to law. Such changes in and
additions to those rules as the Conference may deem desirable to promote
simplicity in procedure, fairness in administration, the just
determination of litigation, and the elimination of unjustifiable
expense and delay shall be recommended by the Conference from time to
time to the Supreme Court for its consideration and adoption,
modification or rejection, in accordance with law.
The Judicial Conference shall review rules prescribed under section
2071 of this title by the courts, other than the Supreme Court and the
district courts, for consistency with Federal law. The Judicial
Conference may modify or abrogate any such rule so reviewed found
inconsistent in the course of such a review.
The Attorney General shall, upon request of the Chief Justice, report
to such Conference on matters relating to the business of the several
courts of the United States, with particular reference to cases to which
the United States is a party.
The Chief Justice shall submit to Congress an annual report of the
proceedings of the Judicial Conference and its recommendations for
legislation.
(June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, 1(d),
70 Stat. 497; Aug. 28, 1957, Pub. L. 85-202, 71 Stat. 476; July 11,
1958, Pub. L. 85-513, 72 Stat. 356; Sept. 19, 1961, Pub. L. 87-253,
1, 2, 75 Stat. 521; Nov. 6, 1978, Pub. L. 95-598, title II, 208, 92
Stat. 2660; Oct. 15, 1980, Pub. L. 96-458, 4, 94 Stat. 2040; Apr. 2,
1982, Pub. L. 97-164, title I, 111, 96 Stat. 29; Oct. 14, 1986, Pub.
L. 99-466, 1, 100 Stat. 1190; Nov. 19, 1988, Pub. L. 100-702, title
IV, 402(b), 102 Stat. 4650.)
Based on title 28, U.S.C., 1940 ed., 218 (Sept. 14, 1922, ch. 306,
2, 42 Stat. 838; July 5, 1937, ch. 427, 50 Stat. 473).
Provisions as to associate justice acting when Chief Justice is
disabled are omitted as unnecessary in view of section 3 of this title
giving senior associate justice power to act upon the disability of the
Chief Justice.
The provision of section 218 of title 28, U.S.C., 1940 ed., as to
traveling expenses is incorporated in section 456 of this title.
Provision as to time and place for holding conference was omitted as
unnecessary since the Chief Justice is vested with discretionary power
to designate the time and place under the language retained.
The references to ''chief judge'' are in harmony with other sections
of this title. (See Reviser's Note under section 136 of this title.)
Provision for stated annual reports by the chief judge of the
district was omitted as obsolete and unnecessary in view of sections 332
and 333 of this title.
The last paragraph is new and is inserted to authorize the
communication to Congress of information which now reaches that body
only because incorporated in the annual report of the Attorney General.
Numerous changes were made in phraseology and arrangement.
Rule 45(c) of the Federal Rules of Civil Procedure, referred to in
fourth paragraph, is set out in the Appendix to this title.
1988 -- Pub. L. 100-702 inserted paragraph requiring Judicial
Conference review of section 2071 rules prescribed by courts other than
Supreme court or district courts for consistency with Federal law.
1986 -- Pub. L. 99-466, 1(a), inserted '', the chief judge of the
Court of International Trade,'' and substituted ''Conference may'' for
''conference may'' in first par.
Pub. L. 99-466, 1(b), inserted '', the chief judge of the Court of
International Trade,'' and ''or any other judge of the Court of
International Trade, as the case may be'' in first sentence of third
par.
Pub. L. 99-466, 1(c), substituted ''Conference'' for ''conference''
in sixth par.
1982 -- Pub. L. 97-164, in first par., struck out references to the
chief judge of the Court of Claims and to the chief judge of the Court
of Customs and Patent Appeals in the enumeration of judges which the
Chief Justice must summon each year for a conference and, in third par.,
struck out provision that authorized the Chief Justice to summon an
associate judge of the Court of Claims or the Court of Customs and
Patent Appeals if the chief judge of either of those courts could not
attend.
1980 -- Pub. L. 96-458, in fourth par., substituted ''It shall also
submit suggestions and recommendations to the various courts to promote
uniformity of management procedures and the expeditious conduct of court
business.'' for ''and shall submit suggestions to the various courts, in
the interest of uniformity and expedition of business.'', and inserted
provisions relating to exercise of authority under section 372(c) as the
Conference or through standing committee, the holding of hearings,
taking of testimony, and the issuance of subpoenas pursuant to rule
45(c) of the Federal Rules of Civil Procedure.
1978 -- Pub. L. 95-598 directed the amendment of section by
inserting references to bankruptcy judges, 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.
1961 -- Pub. L. 87-253 provided for the summoning to the judicial
conference of the chief judge of the Court of Customs and Patent
Appeals, and if he is unable to attend, for the summoning of an
associate judge of such court.
1958 -- Pub. L. 85-513 inserted paragraph requiring a continuous
study of the operation and effect of the general rules of practice and
procedure.
1957 -- Pub. L. 85-202 provided generally in first three paragraphs
for the representation of district judges on the Judicial Conference.
1956 -- Act July 9, 1956, inserted provisions relating to
participation of Court of Claims judges.
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of this
title.
Section 4 of Pub. L. 99-466 provided that: ''This Act and the
amendments made by this Act (enacting section 335 of this title,
amending this section and section 569 of this title, renumbering section
873 of this title as 872, and repealing former section 872 of this
title) shall take effect 60 days after the date of the enactment of this
Act (Oct. 14, 1986).''
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section 7 of Pub. L. 96-458 provided that: ''This Act (amending
this section and sections 332, 372, and 604 of this title and enacting
provisions set out as notes under this section and section 1 of this
title) shall become effective on October 1, 1981.''
Report to Congress
Pub. L. 101-650, title II, 205, Dec. 1, 1990, 104 Stat. 5103,
provided that:
''(a) In General. -- The Comptroller General of the United States
shall review the policies, procedures, and methodologies used by the
Judicial Conference of the United States in recommending to the Congress
the creation of additional Federal judgeships. In conducting such
review the Comptroller General shall, at a minimum, determine the extent
to which such policies, procedures, and methodologies --
''(1) provide an accurate measure of the workload of existing judges;
''(2) are applied consistently to the various circuit courts of
appeals and district courts; and
''(3) provide an accurate indicator of the need for additional
judgeships.
''(b) Report to Congress. -- The Comptroller General shall, not later
than 18 months after the date of the enactment of this Act (Dec. 1,
1990), report the results of the review conducted under subsection (a)
to the Committees on the Judiciary of the House of Representatives and
the Senate. The report shall include such recommendations as the
Comptroller General considers appropriate for revisions of the policies,
procedures, and methodologies used by the Judicial Conference that were
reviewed in the report.''
Title I of Pub. L. 100-702 provided that:
''SEC. 101. SHORT TITLE.
''This title may be cited as the 'Federal Courts Study Act'.
''SEC. 102. ESTABLISHMENT AND PURPOSES.
''(a) Establishment. -- There is hereby established within the
Judicial Conference of the United States, a Federal Courts Study
Committee on the future of the Federal Judiciary (hereafter referred to
as the 'Committee').
''(b) Purposes. -- The purposes of the Committee are to --
''(1) examine problems and issues currently facing the courts of the
United States;
''(2) develop a long-range plan for the future of the Federal
Judiciary, including assessments involving --
''(A) alternative methods of dispute resolution;
''(B) the structure and administration of the Federal court system;
''(C) methods of resolving intracircuit and intercircuit conflicts in
the courts of appeals; and
''(D) the types of disputes resolved by the Federal courts; and
''(3) report to the Judicial Conference of the United States, the
President, the Congress, the Conference of Chief Justices, and the State
Justice Institute on the revisions, if any, in the laws of the United
States which the Committee, based on its study and evaluation, deems
advisable.
''SEC. 103. MEMBERSHIP OF THE COMMITTEE.
''(a) Appointments. -- The Committee shall be composed of fifteen
members to be appointed by the Chief Justice of the United States,
within ten days after the effective date of this title.
''(b) Selection. -- The membership of the Committee shall be selected
in such a manner as to be representative of the various interests, needs
and concerns which may be affected by the jurisdiction of the Federal
courts. The Chief Justice shall designate one of the members of the
Committee to serve as Chairman.
''(c) Term of Office. -- The Committee members shall serve at the
pleasure of the Chief Justice.
''(d) Rules of Procedure. -- Rules of procedure shall be promulgated
by vote of a majority of the Committee.
''SEC. 104. POWERS OF THE COMMITTEE.
''(a) Hearings. -- The Committee or, on the authorization of the
Committee, any subcommittee thereof may, for the purpose of carrying out
its functions and duties, hold such hearings and sit and act at such
times and places, as the Committee or any such subcommittee may deem
advisable.
''(b) Information and Assistance. -- The Administrative Office of the
United States Courts, the Federal Judicial Center, and each department,
agency, and instrumentality of the executive branch of the Government,
including the National Institute of Justice and independent agencies,
shall furnish to the Committee, upon request made by the Chairman, such
information and assistance as the Committee may reasonably deem
necessary to carry out its functions under this title, consistent with
other applicable provisions of law governing the release of such
information.
''(c) Personnel. -- (1) Subject to such rules and regulations as may
be adopted by the Committee, the Director of the Administrative Office
shall furnish to the Committee necessary staff and technical assistance
in response to needs specified.
''(2) (Amended section 5108(c)(1) of Title 5, Government Organization
and Employees.)
''(d) Advisory Panels. -- The Committee is authorized, for the
purpose of carrying out its functions and duties pursuant to the
provisions of this title, to establish advisory panels consisting of
Committee members or members of the public. Such panels shall be
established to provide expertise and assistance in specific areas, as
the Committee deems necessary.
''SEC. 105. FUNCTIONS AND DUTIES.
''The Committee shall --
''(1) make a complete study of the courts of the United States and of
the several States and transmit a report to the President, the Chief
Justice of the United States, the Congress, the Judicial Conference of
the United States, the Conference of Chief Justices, and the State
Justice Institute on such study, within fifteen months after the
effective date of this title;
''(2) recommend revisions to be made to laws of the United States as
the Committee, on the basis of such study, deems advisable;
''(3) develop a long-range plan for the judicial system; and
''(4) make such other recommendations and conclusions it deems
advisable.
''SEC. 106. COMPENSATION OF MEMBERS.
''(a) Employees of the Government. -- A member of the Committee who
is an officer or full-time employee of the United States shall receive
no additional compensation for his or her services, but shall be
reimbursed for travel, subsistence, and other necessary expenses
incurred in the performance of duties vested in the Committee, not to
exceed the maximum amounts authorized under section 456 of title 28.
''(b) Private Sector. -- A member of the Committee who is from the
private sector shall receive $200 per diem for each day (including
travel time) during which he or she is engaged in the actual performance
of duties vested in the Committee, plus reimbursement for travel,
subsistence, and other necessary expenses incurred in the performance of
such duties, not to exceed the maximum amounts authorized under section
456 of title 28.
''SEC. 107. EXPIRATION OF THE COMMITTEE.
''The Committee shall cease to exist on the date 60 days after it
transmits the report pursuant to section 105.
''SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
''To carry out the purposes of this title there are authorized to be
appropriated $300,000 for each of the fiscal years 1989 and 1990.
''SEC. 109. EFFECTIVE DATE.
''This title shall become effective on January 1, 1989.''
Section 6 of Pub. L. 96-458 provided that: ''There are authorized
to be appropriated such sums as may be necessary to carry out the
provisions of this Act (amending sections 331, 332, 372, and 604 of this
title, and enacting provisions set out as notes under sections 1 and 331
of this title).''
Annuities to widows and surviving dependent children of judges,
review by Judicial Conference of the United States of questions of
dependency and disability, see section 376 of this title.
Pretermission of regular term or session of court of appeals with
consent of Judicial Conference of the United States, see section 48 of
this title.
28 USC 332. Judicial councils of circuits
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) The chief judge of each judicial circuit shall call, at least
twice in each year and at such places as he or she may designate, a
meeting of the judicial council of the circuit, consisting of the chief
judge of the circuit, who shall preside, and an equal number of circuit
judges and district judges of the circuit, as such number is determined
by majority vote of all such judges of the circuit in regular active
service.
(2) Members of the council shall serve for terms established by a
majority vote of all judges of the circuit in regular active service.
(3) Only circuit and district judges in regular active service shall
serve as members of the council.
(4) No more than one district judge from any one district shall serve
simultaneously on the council, unless at least one district judge from
each district within the circuit is already serving as a member of the
council.
(5) In the event of the death, resignation, retirement, or disability
of a member of the council, a replacement member shall be designated to
serve the remainder of the unexpired term by the chief judge of the
circuit.
(6) Each member of the council shall attend each council meeting
unless excused by the chief judge of the circuit.
(b) The council shall be known as the Judicial Council of the
circuit.
(c) The chief judge shall submit to the council the semiannual
reports of the Director of the Administrative Office of the United
States Courts. The council shall take such action thereon as may be
necessary.
(d)(1) Each judicial council shall make all necessary and appropriate
orders for the effective and expeditious administration of justice
within its circuit. Any general order relating to practice and
procedure shall be made or amended only after giving appropriate public
notice and an opportunity for comment. Any such order so relating shall
take effect upon the date specified by such judicial council. Copies of
such orders so relating shall be furnished to the Judicial Conference
and the Administrative Office of the United States Courts and be made
available to the public. Each council is authorized to hold hearings,
to take sworn testimony, and to issue subpoenas and subpoenas duces
tecum. Subpoenas and subpoenas duces tecum shall be issued by the clerk
of the court of appeals, at the direction of the chief judge of the
circuit or his designee and under the seal of the court, and shall be
served in the manner provided in rule 45(c) of the Federal Rules of
Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf
of the United States or an officer or agency thereof.
(2) All judicial officers and employees of the circuit shall promptly
carry into effect all orders of the judicial council. In the case of
failure to comply with an order made under this subsection or a subpoena
issued under section 372(c) of this title, a judicial council or a
special committee appointed under section 372(c)(4) of this title may
institute a contempt proceeding in any district court in which the
judicial officer or employee of the circuit who fails to comply with the
order made under this subsection shall be ordered to show cause before
the court why he or she should not be held in contempt of court.
(3) Unless an impediment to the administration of justice is
involved, regular business of the courts need not be referred to the
council.
(4) Each judicial council shall periodically review the rules which
are prescribed under section 2071 of this title by district courts
within its circuit for consistency with rules prescribed under section
2072 of this title. Each council may modify or abrogate any such rule
found inconsistent in the course of such a review.
(e) The judicial council of each circuit may appoint a circuit
executive. In appointing a circuit executive, the judicial council
shall take into account experience in administrative and executive
positions, familiarity with court procedures, and special training. The
circuit executive shall exercise such administrative powers and perform
such duties as may be delegated to him by the circuit council. The
duties delegated to the circuit executive of each circuit may include
but need not be limited to:
(1) Exercising administrative control of all nonjudicial activities
of the court of appeals of the circuit in which he is appointed.
(2) Administering the personnel system of the court of appeals of the
circuit.
(3) Administering the budget of the court of appeals of the circuit.
(4) Maintaining a modern accounting system.
(5) Establishing and maintaining property control records and
undertaking a space management program.
(6) Conducting studies relating to the business and administration of
the courts within the circuit and preparing appropriate recommendations
and reports to the chief judge, the circuit council, and the Judicial
Conference.
(7) Collecting, compiling, and analyzing statistical data with a view
to the preparation and presentation of reports based on such data as may
be directed by the chief judge, the circuit council, and the
Administrative Office of the United States Courts.
(8) Representing the circuit as its liaison to the courts of the
various States in which the circuit is located, the marshal's office,
State and local bar associations, civic groups, news media, and other
private and public groups having a reasonable interest in the
administration of the circuit.
(9) Arranging and attending meetings of the judges of the circuit and
of the circuit council, including preparing the agenda and serving as
secretary in all such meetings.
(10) Preparing an annual report to the circuit and to the
Administrative Office of the United States Courts for the preceding
calendar year, including recommendations for more expeditious
disposition of the business of the circuit.
All duties delegated to the circuit executive shall be subject to the
general supervision of the chief judge of the circuit.
(f)(1) Each circuit executive shall be paid at a salary to be
established by the Judicial Conference of the United States not to
exceed the annual rate of level IV of the Executive Schedule pay rates
under section 5315 of title 5.
(2) The circuit executive shall serve at the pleasure of the judicial
council of the circuit.
(3) The circuit executive may appoint, with the approval of the
council, necessary employees in such number as may be approved by the
Director of the Administrative Office of the United States Courts.
(4) The circuit executive and his staff 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 87 (relating to Federal employees'
life insurance program), and chapter 89 (relating to Federal employees'
health benefits program) of title 5, United States Code.
(June 25, 1948, ch. 646, 62 Stat. 902; Nov. 13, 1963, Pub. L.
88-176, 3, 77 Stat. 331; Jan. 5, 1971, Pub. L. 91-647, 84 Stat. 1907;
Nov. 6, 1978, Pub. L. 95-598, title II, 209, 92 Stat. 2661; Oct. 15,
1980, Pub. L. 96-458, 2(a)-(d)(1), 94 Stat. 2035, 2036; Oct. 1, 1988,
Pub. L. 100-459, title IV, 407, 102 Stat. 2213; Nov. 19, 1988, Pub.
L. 100-702, title IV, 403(a)(2), (b), title X, 1018, 1020(a)(1), 102
Stat. 4651, 4670, 4671; Dec. 1, 1990, Pub. L. 101-650, title III,
323, 325(b)(1), title IV, 403, 104 Stat. 5120, 5121, 5124; Dec. 9,
1991, Pub. L. 102-198, 1, 105 Stat. 1623.)
Based on title 28, U.S.C., 1940 ed., 448 (Mar. 3, 1911, ch. 231,
306, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
The final sentence of section 448 of title 28, U.S.C., 1940 ed.,
excepting from the operation of said section the provisions of existing
law as to assignment of district judges outside their districts, was
omitted as surplusage, since there is nothing in this section in
conflict with section 292 of this title providing for such assignments.
The requirement for attendance of circuit judges, unless excused by
the chief judge, was included in conformity with a similar provision of
section 331 of this title.
Changes in phraseology were made.
The Federal Rules of Civil Procedure, referred to in subsec. (d)(1),
are set out in the Appendix to this title.
1991 -- Subsec. (a)(1). Pub. L. 102-198 substituted ''such number''
for ''such member'' and ''service'' for ''services''.
1990 -- Subsec. (a)(1). Pub. L. 101-650, 323(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''The chief
judge of each judicial circuit shall call, at least twice in each year
and at such places as he may designate, a meeting of the judicial
council of the circuit, consisting of --
''(A) the chief judge of the circuit, who shall preside;
''(B) that number of circuit judges fixed by majority vote of all
such judges in regular active service; and
''(C) that number of district judges of the circuit fixed by majority
vote of all circuit judges in regular active service, except that --
''(i) if the number of circuit judges fixed in accordance with
subparagraph (B) of this paragraph is less than six, the number of
district judges fixed in accordance with this subparagraph shall be no
less than two; and
''(ii) if the number of circuit judges fixed in accordance with
subparagraph (B) of this paragraph is six or more, the number of
district judges fixed in accordance with this subparagraph shall be no
less than three.''
Subsec. (a)(3) to (7). Pub. L. 101-650, 323(b), redesignated pars.
(4) to (7) as (3) to (6), respectively, and struck out former par. (3)
which read as follows: ''The number of circuit and district judges
fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection
shall be set by order of the court of appeals for the circuit no less
than six months prior to a scheduled meeting of the council so
constituted.''
Subsec. (d)(2). Pub. L. 101-650, 403, inserted at end ''In the case
of failure to comply with an order made under this subsection or a
subpoena issued under section 372(c) of this title, a judicial council
or a special committee appointed under section 372(c)(4) of this title
may institute a contempt proceeding in any district court in which the
judicial officer or employee of the circuit who fails to comply with the
order made under this subsection shall be ordered to show cause before
the court why he or she should not be held in contempt of court.''
Subsec. (f)(1). Pub. L. 101-650, 325(b)(1), substituted ''under
section 5315 of title 5'' for ''(5 U.S.C. 5316)''.
1988 -- Subsec. (c). Pub. L. 100-702, 1020(a)(1), substituted
''semiannual'' for ''semi-annually''.
Subsec. (d)(1). Pub. L. 100-702, 403(b), inserted after first
sentence ''Any general order relating to practice and procedure shall be
made or amended only after giving appropriate public notice and an
opportunity for comment. Any such order so relating shall take effect
upon the date specified by such judicial council. Copies of such orders
so relating shall be furnished to the Judicial Conference and the
Administrative Office of the United States Courts and be made available
to the public.''
Subsec. (d)(4). Pub. L. 100-702, 403(a)(2), added par. (4).
Subsec. (e). Pub. L. 100-702, 1018(1), substituted ''executive. In
appointing a circuit executive, the judicial council shall take into
account experience in administrative and executive positions,
familiarity with court procedures, and special training.'' for
''executive from among persons who shall be certified by the Board of
Certification.'' in first sentence.
Subsec. (f). Pub. L. 100-702, 1018(2), designated last four
undesignated pars. as pars. (1) to (4), respectively, and struck out
former first undesignated par. which related to establishment,
functions, and staffing of Board of Certification and setting standards
for certification as qualified to be circuit executive.
Pub. L. 100-459 substituted ''level IV'' for ''level V''.
1980 -- Pub. L. 96-458, 2(d)(1), substituted ''Judicial councils of
circuits'' for ''Judicial councils'' in section catchline.
Subsec. (a). Pub. L. 96-458, 2(a), in par. (1) designated existing
provisions as introductory provision and in such introductory provision
substituted ''each judicial circuit'' for ''each circuit'', substituted
''a meeting of the judicial council of the circuit, consisting of -- ''
for ''a council of the circuit judges for the circuit, in regular active
service, at which he shall preside. Each circuit judge, unless excused
by the chief judge, shall attend all sessions of the council.'', and
added subpars. (A) to (C) and pars. (2) to (7).
Subsec. (c). Pub. L. 96-458, 2(b), substituted ''semiannually'' for
''quarterly''.
Subsec. (d). Pub. L. 96-458, 2(c), amended subsec. (d) generally,
designating existing provisions as par. (1), inserting ''and
appropriate'' after ''all necessary'', substituting ''justice within its
circuit'' for ''the business of the courts within its circuit'',
striking out ''The district judges shall promptly carry into effect all
orders of the judicial council.'' after ''within its circuit.'',
inserting provisions relating to the holding of hearings, taking of
testimony, the issuance of subpoenas and service thereof under the
Federal Rules of Civil Procedure, and adding pars. (2) and (3).
1978 -- Subsec. (d). Pub. L. 95-598 directed the amendment of
subsec. (d) by inserting ''and bankruptcy judges'' after ''The district
judges'', 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.
1971 -- Pub. L. 91-647 designated existing four paragraphs as
subsecs. (a), (b), (c), and (d), respectively, and added subsecs. (e)
and (f).
1963 -- Pub. L. 88-176 inserted ''regular'' before ''active
service'' in first sentence.
Section 407 of Pub. L. 101-650 provided that: ''The amendments made
by this subtitle (subtitle I ( 402-407) of title IV of Pub. L.
101-650, amending this section, sections 372, 453, and 2077 of this
title, and provisions set out in the Appendix to Title 5, Government
Organization and Employees) shall take effect 90 days after the date of
the enactment of this Act (Dec. 1, 1990).''
Amendment by section 403(a)(2), (b) of Pub. L. 100-702 effective
Dec. 1, 1988, see section 407 of Pub. L. 100-702, set out as a note
under section 2071 of this title.
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7
of Pub. L. 96-458, set out as a note under section 331 of this title.
28 USC 333. Judicial conferences of circuits
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The chief judge of each circuit shall summon biennially, and may
summon annually, the circuit, district, and bankruptcy judges of the
circuit, in active service, to a conference at a time and place that he
designates, for the purpose of considering the business of the courts
and advising means of improving the administration of justice within
such circuit. He shall preside at such conference, which shall be known
as the Judicial Conference of the circuit. The judges of the District
Court of Guam, the District Court of the Virgin Islands, and the
District Court of the Northern Mariana Islands shall also be summoned
biennially, and may be summoned annually, to the conferences of their
respective circuits.
Every judge summoned shall attend, and unless excused by the chief
judge, shall remain throughout the conference.
The court of appeals for each circuit shall provide by its rules for
representation and active participation at such conference by members of
the bar of such circuit.
(June 25, 1948, ch. 646, 62 Stat. 903; Dec. 29, 1950, ch. 1185, 64
Stat. 1128; Oct. 31, 1951, ch. 655, 38, 65 Stat. 723; July 7, 1958,
Pub. L. 85-508, 12(e), 72 Stat. 348; Nov. 6, 1978, Pub. L. 95-598,
title II, 210, 92 Stat. 2661; Dec. 1, 1990, Pub. L. 101-650, title
III, 320, 104 Stat. 5117.)
Based on title 28, U.S.C., 1940 ed., 449, 450 (Mar. 3, 1911, ch.
231, 307, 308, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
Section consolidates parts of sections 449 and 450 of title 28,
U.S.C., 1940 ed.
Said section 450 contained definitions of ''courts'' and
''continental United States,'' and directions that sections 444-450 of
title 28, U.S.C., 1940 ed., relating to the administration of United
States courts, should apply to the courts of appeals, the United States
Court of Appeals for the District of Columbia and to the several
enumerated district courts of the United States, including those in the
Territories and Possessions as well as the Court of Claims, Court of
Customs and Patent Appeals, and Customs Court. It also provided that
the Chief Justice and associate justices of the Court of Appeals for the
District of Columbia should have the powers of the senior judge and
circuit judges, respectively, of a circuit court of appeals.
The revised section omits, as surplusage, the definition of
''continental United States.'' Other provisions of section 450 of title
28, U.S.C., 1940 ed., referred to were omitted as unnecessary in view of
section 604 of this title which provides for the powers and duties of
the Director of the Administrative Office of the United States Courts.
Remaining provisions of said section 450 are incorporated in said
section 604 and section 610 of this title.
The provision as to travel and subsistence which was contained in
said section 449 of title 28, U.S.C., 1940 ed., is incorporated in
section 456 of this title.
1990 -- Pub. L. 101-650 substituted ''biennially, and may summon
annually,'' for ''annually'', struck out ''the United States District
Court for the District of the Canal Zone,'' after ''The judges of'', and
substituted ''the District Court of the Virgin Islands, and the District
Court of the Northern Mariana Islands shall also be summoned biennially,
and may be summoned annually,'' for ''and the District Court of the
Virgin Islands shall also be summoned annually''.
1978 -- Pub. L. 95-598 inserted reference to bankruptcy judges.
1958 -- Pub. L. 85-508 struck out provisions which required judge of
District Court for Territory of Alaska to be summoned annually to the
conference of his circuit. See section 81A of this title which
establishes a United States District Court for the State of Alaska.
1951 -- Act Oct. 31, 1951, inserted reference to judge of District
Court of Guam in first par.
1950 -- Act Dec., 29, 1950, provided for the presence of judges of
District Courts of Alaska, Canal Zone, and the Virgin Islands at annual
conferences within their respective circuits.
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.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
28 USC 334. Institutes and joint councils on sentencing
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) In the interest of uniformity in sentencing procedures, there is
hereby authorized to be established under the auspices of the Judicial
Conference of the United States, institutes and joint councils on
sentencing. The Attorney General and/or the chief judge of each circuit
may at any time request, through the Director of the Administrative
Office of the United States Courts, the Judicial Conference to convene
such institutes and joint councils for the purpose of studying,
discussing, and formulating the objectives, policies, standards, and
criteria for sentencing those convicted of crimes and offenses in the
courts of the United States. The agenda of the institutes and joint
councils may include but shall not be limited to: (1) The development
of standards for the content and utilization of presentence reports;
(2) the establishment of factors to be used in selecting cases for
special study and observation in prescribed diagnostic clinics; (3) the
determination of the importance of psychiatric, emotional, sociological
and physiological factors involved in crime and their bearing upon
sentences; (4) the discussion of special sentencing problems in unusual
cases such as treason, violation of public trust, subversion, or
involving abnormal sex behavior, addiction to drugs or alcohol, and
mental or physical handicaps; (5) the formulation of sentencing
principles and criteria which will assist in promoting the equitable
administration of the criminal laws of the United States.
(b) After the Judicial Conference has approved the time, place,
participants, agenda, and other arrangements for such institutes and
joint councils, the chief judge of each circuit is authorized to invite
the attendance of district judges under conditions which he thinks
proper and which will not unduly delay the work of the courts.
(c) The Attorney General is authorized to select and direct the
attendance at such institutes and meetings of United States attorneys
and other officials of the Department of Justice and may invite the
participation of other interested Federal officers. He may also invite
specialists in sentencing methods, criminologists, psychiatrists,
penologists, and others to participate in the proceedings.
(d) The expenses of attendance of judges shall be paid from
applicable appropriations for the judiciary of the United States. The
expenses connected with the preparation of the plans and agenda for the
conference and for the travel and other expenses incident to the
attendance of officials and other participants invited by the Attorney
General shall be paid from applicable appropriations of the Department
of Justice.
(Added Pub. L. 85-752, 1, Aug. 25, 1958, 72 Stat. 845.)
Section 7 of Pub. L. 85-752 provided that: ''This Act (enacting
this section, sections 4208 and 4209 of Title 18, Crimes and Criminal
Procedure, and provisions set out as a note under section 4208 of Title
18) does not apply to any offense for which there is provided a
mandatory penalty.''
28 USC 335. Judicial Conference of the Court of International Trade
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The chief judge of the Court of International Trade is authorized
to summon annually the judges of such court to a judicial conference, at
a time and place that such chief judge designates, for the purpose of
considering the business of such court and improvements in the
administration of justice in such court.
(b) The Court of International Trade shall provide by its rules for
representation and active participation at such conference by members of
the bar.
(Added Pub. L. 99-466, 2(a), Oct. 14, 1986, 100 Stat. 1190.)
Section effective 60 days after Oct. 14, 1986, see section 4 of Pub.
L. 99-466, set out as an Effective Date of 1986 Amendment note under
section 331 of this title.
28 USC CHAPTER 17 -- RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
371. Retirement on salary; retirement in senior status.
372. Retirement for disability; substitute judge on failure to
retire; judicial discipline.
373. Judges in Territories and Possessions. /1/
374. Residence of retired judges; official station.
375. Recall of certain judges and magistrates.
376. Annuities for survivors of certain judicial officials of the
United States.
377. Retirement of bankruptcy judges and magistrates.
1988 -- Pub. L. 100-702, title X, 1020(a)(9), Nov. 19, 1988, 102
Stat. 4672, substituted ''Annuities for survivors of certain judicial
officials of the United States'' for ''Annuities to widows and surviving
dependent children of justices and judges of the United States'' in item
376.
Pub. L. 100-659, 2(b), Nov. 15, 1988, 102 Stat. 3916, added item
377.
1986 -- Pub. L. 99-651, title II, 201(b)(2), Nov. 14, 1986, 100
Stat. 3648, amended item 375 generally.
1984 -- Pub. L. 98-353, title II, 204(b), July 10, 1984, 98 Stat.
350, substituted ''Retirement on salary; retirement in senior status''
for ''Resignation or retirement for age'' in item 371.
1980 -- Pub. L. 96-458, 3(c), Oct. 15, 1980, 94 Stat. 2040,
inserted reference to ''judicial discipline'' in item 372.
1972 -- Pub. L. 92-397, 3(a), (b), Aug. 22, 1972, 86 Stat. 579,
substituted ''JUSTICES AND JUDGES'' for ''JUDGES'' in chapter heading,
and substituted ''justices and judges of the United States'' for
''judges'' in item 376.
1959 -- Pub. L. 86-312, 2, Sept. 21, 1959, 73 Stat. 587, inserted
''; official station'' in item 374.
1956 -- Act Aug. 3, 1956, ch. 944, 1(a), 70 Stat. 1021,
substituted ''Annuities to widows of justices'' for ''Annuities to
widows on the Chief Justice and Associate Justices of the Supreme Court
of the United States'' in item 375 and added item 376.
1954 -- Act Aug. 28, 1954, ch. 1053, 2, 68 Stat. 918, added item
375.
Act Feb. 10, 1954, ch. 6, 4(b), 68 Stat. 13, transferred '';
substitute judge on failure to retire'' from item 371 to item 372.
Tax Court Judges, retirement, see section 7447 of Title 26, Internal
Revenue Code.
/1/ Section catchline amended by Pub. L. 99-396 without
corresponding amendment of analysis.
28 USC 371. Retirement on salary; retirement in senior status
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any justice or judge of the United States appointed to hold
office during good behavior may retire from the office after attaining
the age and meeting the service requirements, whether continuous or
otherwise, of subsection (c) and shall, during the remainder of his
lifetime, receive an annuity equal to the salary he was receiving at the
time he retired.
(b)(1) Any justice or judge of the United States appointed to hold
office during good behavior may retain the office but retire from
regular active service after attaining the age and meeting the service
requirements, whether continuous or otherwise, of subsection (c) of this
section and shall, during the remainder of his or her lifetime, continue
to receive the salary of the office if he or she meets the requirements
of subsection (f).
(2) In a case in which a justice or judge who retires under paragraph
(1) does not meet the requirements of subsection (f), the justice or
judge shall continue to receive the salary that he or she was receiving
when he or she was last in active service or, if a certification under
subsection (f) was made for such justice or judge, when such a
certification was last in effect. The salary of such justice or judge
shall be adjusted under section 461 of this title.
(c) The age and service requirements for retirement under this
section are as follows:
Attained age: Years of service:
65 15
66 14
67 13
68 12
69 11
70 10
(d) The President shall appoint, by and with the advice and consent
of the Senate, a successor to a justice or judge who retires under this
section.
(e) Notwithstanding subsection (c) of section 5532 of title 5, if a
regular or reserve member or former member of a uniformed service who is
receiving retired or retainer pay becomes employed as a justice or judge
of the United States, as defined by section 451, or becomes eligible
therefor while so employed, such retired or retainer pay shall not be
paid during regular active service as a justice or judge, but shall be
resumed or commenced without reduction upon retirement from the judicial
office or from regular active service (into senior status) as such
justice or judge.
(f)(1) In order to continue receiving the salary of the office under
subsection (b), a justice must be certified in each calendar year by the
Chief Justice, and a judge must be certified by the chief judge of the
circuit in which the judge sits, as having met the requirements set
forth in at least one of the following subparagraphs:
(A) The justice or judge must have carried in the preceding calendar
year a caseload involving courtroom participation which is equal to or
greater than the amount of work involving courtroom participation which
an average judge in active service would perform in three months. In
the instance of a justice or judge who has sat on both district courts
and courts of appeals, the caseload of appellate work and trial work
shall be determined separately and the results of those determinations
added together for purposes of this paragraph.
(B) The justice or judge performed in the preceding calendar year
substantial judicial duties not involving courtroom participation under
subparagraph (A), including settlement efforts, motion decisions,
writing opinions in cases that have not been orally argued, and
administrative duties for the court to which the justice or judge is
assigned. Any certification under this subparagraph shall include a
statement describing in detail the nature and amount of work and
certifying that the work done is equal to or greater than the work
described in this subparagraph which an average judge in active service
would perform in three months.
(C) The justice or judge has, in the preceding calendar year,
performed work described in subparagraphs (A) and (B) in an amount
which, when calculated in accordance with such subparagraphs, in the
aggregate equals at least 3 months work.
(D) The justice or judge has, in the preceding calendar year,
performed substantial administrative duties directly related to the
operation of the courts, or has performed substantial duties for a
Federal or State governmental entity. A certification under this
subparagraph shall specify that the work done is equal to the full-time
work of an employee of the judicial branch.
(E) The justice or judge was unable in the preceding calendar year to
perform judicial or administrative work to the extent required by any of
subparagraphs (A) through (D) because of a temporary or permanent
disability. A certification under this subparagraph shall be made to a
justice who certifies in writing his or her disability to the Chief
Justice, and to a judge who certifies in writing his or her disability
to the chief judge of the circuit in which the judge sits. A justice or
judge who is certified under this subparagraph as having a permanent
disability shall be deemed to have met the requirements of this
subsection for each calendar year thereafter.
(2) Determinations of work performed under subparagraphs (A), (B),
(C), and (D) of paragraph (1) shall be made pursuant to rules
promulgated by the Judicial Conference of the United States. In
promulgating such criteria, the Judicial Conference shall take into
account existing standards promulgated by the Conference for allocation
of space and staff for senior judges.
(3) If in any year a justice or judge who retires under subsection
(b) does not receive a certification under this subsection (except as
provided in paragraph (1)(E)), he or she is thereafter ineligible to
receive such a certification.
(4) In the case of any justice or judge who retires under subsection
(b) during a calendar year, there shall be included in the determination
under this subsection of work performed during that calendar year all
work performed by that justice or judge (as described in subparagraphs
(A), (B), (C), and (D) of paragraph (1)) during that calendar year
before such retirement.
(June 25, 1948, ch. 646, 62 Stat. 903; Oct. 31, 1951, ch. 655, 39,
65 Stat. 724; Feb. 10, 1954, ch. 6, 4(a), 68 Stat. 12; July 10, 1984,
Pub. L. 98-353, title II, 204(a), 98 Stat. 350; Nov. 19, 1988, Pub. L.
100-702, title X, 1005(a), 102 Stat. 4666; Nov. 30, 1989, Pub. L.
101-194, title VII, 705(a), 103 Stat. 1770.)
Based on title 28, U.S.C., 1940 ed., 375 and 375a (Mar. 3, 1911,
ch. 231, 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, 6, 40 Stat.
1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, 1,
2, 50 Stat. 24; Feb. 11, 1938, ch. 25, 1, 52 Stat. 28; May 11, 1944,
ch. 192, 1, 58 Stat. 218).
This section consolidates provisions of sections 375 and 375a of
title 28, U.S.C., 1940 ed., relating to resignation and retirement.
Remaining provisions of said section 375 now appear in sections 136,
294, and 756 of this title, and remaining provisions of said section
375a now appear in section 294 of this title.
Words ''may resign, or may retain his office but retire from regular
active service'' were used to clarify the difference between resignation
and retirement. Resignation results in loss of the judge's office,
while retirement does not. (Booth v. U.S., 1933, 54 S. Ct. 379, 291
U.S. 339, 78 L. Ed. 836; U.S. v. Moore, 1939, 101 F. 2d 56, certiorari
denied 59 S. Ct. 788, 306 U.S. 664, 83 L. Ed. 1060.)
Terms ''judge of the United States'' and ''justice of the United
States'' are defined in section 451 of this title.
The revised section continues the provision respecting the salary of
a resigned judge but changes such provision for retired judges and makes
them eligible to receive any increases provided by Congress for the
office from which they retired. This change is in harmony with the
clear line of distinction drawn by Congress between retirement and
resignation.
1989 -- Subsec. (b). Pub. L. 101-194, 705(a)(1), designated
existing provisions as par. (1), inserted ''or her'' after ''his'',
substituted ''of the office if he or she meets the requirements of
subsection (f)'' for ''of the office'', and added par. (2).
Subsec. (f). Pub. L. 101-194, 705(a)(2), added subsec. (f).
1988 -- Subsec. (e). Pub. L. 100-702 added subsec. (e).
1984 -- Pub. L. 98-353 substituted ''Retirement on salary;
retirement in senior status'' for ''Resignation or retirement for age''
in section catchline.
Subsec. (a). Pub. L. 98-353 amended subsec. (a) generally,
substituting ''may retire from the office after attaining the age and
meeting the service requirements, whether continuous or otherwise, of
subsection (c) and shall, during the remainder of his lifetime, receive
an annuity equal to the salary he was receiving at the time he retired''
for ''who resigns after attaining the age of seventy years and after
serving at least ten years continuously or otherwise shall, during the
remainder of his lifetime, continue to receive the salary which he was
receiving when he resigned''.
Subsec. (b). Pub. L. 98-353 amended subsec. (b) generally,
substituting ''may retain the office but retire from regular active
service after attaining the age and meeting the service requirements,
whether continuous or otherwise, of subsection (c) of this section and
shall, during the remainder of his lifetime, continue to receive the
salary of the office'' for ''may retain his office but retire from
regular active service after attaining the age of seventy years and
after serving at least ten years continuously or otherwise, or after
attaining the age of sixty-five years and after serving at least fifteen
years continuously or otherwise. He shall, during the remainder of his
lifetime, continue to receive the salary of the office. The President
shall appoint, by and with the advice and consent of the Senate, a
successor to a justice or judge who retires''.
Subsecs. (c), (d). Pub. L. 98-353 added subsecs. (c) and (d).
1954 -- Act Feb. 10, 1954, struck out ''; substitute judge on
failure to retire'' in section catchline.
Subsec. (a). Act Feb. 10, 1954, reenacted subsec. (a) without
change.
Subsec. (b). Act Feb. 10, 1954, in first sentence, inserted
provision for retirement after attaining the age of 65 years and after
serving 15 years continuously or otherwise.
Subsec. (c). Act Feb. 10, 1954, in general amendment of section,
omitted subsec. (c) which related to appointment of substitute judges
for disabled judges eligible to resign or retire where the latter fail
to resign or retire, and to precedence of such disabled judges who
remain on the active list after the appointment of substitutes.
1951 -- Act Oct. 31, 1951, subdivided section into subsections, and
limited second par. of subsec. (c) (as so designated) to judges who
remain on the active list but whose disabilities cause the appointment
of additional judges as authorized by first par. of such subsec.
Section 705(b) of Pub. L. 101-194 provided that:
''(1) In general. -- The amendments made by subsection (a) (amending
this section) shall first apply with respect to work performed on or
after January 1, 1990, by a justice or judge of the United States who
has retired under section 371(b) of title 28, United States Code.
''(2) Calendar year 1990. -- In the case of certifications required
by section 371(f) of title 28, United States Code, for calendar year
1990 --
''(A) such certifications shall be based on the 10-month period
beginning on January 1, 1990, and ending on October 31, 1990, and shall
be completed not later than December 15, 1990;
''(B) determinations of work performed under section 371(f) of title
28, United States Code, shall be made pro rata on the basis of such
10-month period; and
''(C) such certifications shall be deemed to be certifications made
in calendar year 1991.''
Section 1005(b) of Pub. L. 100-702 provided that: ''The amendment
made by this section (amending this section) shall apply to a justice or
judge who retires, or has retired, from the judicial office or from
regular active service (into senior status) as such justice or judge of
the United States on or after the effective date of section 5532(c) of
title 5 (effective 90 days after Oct. 13, 1978, see Effective Date of
1978 Amendment note under section 5532 of Title 5, Government
Organization and Employees), and to whom section 5532(c) would otherwise
be applicable.''
Section 204(c) of Pub. L. 98-353 provided that: ''The amendments
made by this section (amending this section) shall apply with respect to
any justice or judge of the United States appointed to hold office
during good behavior who retires on or after the date of enactment of
this Act (July 10, 1984).''
Pub. L. 89-70, July 8, 1965, 79 Stat. 213, provided: ''That,
notwithstanding any other provision of law, any service as a judge of
the District Court for the Territory of Alaska shall be included in
computing under sections 371 and 372 of Title 28, United States Code,
the aggregate years of judicial service of a United States district
judge for the district of Alaska.''
Aggregate Years of Judicial Service
Pub. L. 86-3, 14(d), Mar. 18, 1959, 73 Stat. 10, provided in part:
''That service as a judge of the District Court for the Territory of
Hawaii or as a judge of the United States District Court for the
District of Hawaii or as a justice of the Supreme Court of the Territory
of Hawaii or as a judge of the circuit courts of the Territory of Hawaii
shall be included in computing under section 371, 372, or 373 of title
28, United States Code, the aggregate years of judicial service of any
person who is in office as a district judge for the District of Hawaii
on the date of enactment of this Act (Mar. 18, 1959).''
Assignment of retired justices or judges to active duty, see section
294 of this title.
Justices and judges appointed to hold office during good behavior --
Court of International Trade, see section 252 of this title.
Courts of Appeals, see Const., Art. 3, 1.
District Courts, see Const., Art. 3, 1.
Supreme Court, see Const., Art. 3, 1.
Tax court judges, retirement, see section 7447 of Title 26, Internal
Revenue Code.
8440a, 8701, 8714a, 8714b; title 26 section 3121;
title 42 section 409.
28 USC 372. Retirement for disability; substitute judge on failure to
retire; judicial discipline
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any justice or judge of the United States appointed to hold
office during good behavior who becomes permanently disabled from
performing his duties may retire from regular active service, and the
President shall, by and with the advice and consent of the Senate,
appoint a successor.
Any justice or judge of the United States desiring to retire under
this section shall certify to the President his disability in writing.
Whenever an associate justice of the Supreme Court, a chief judge of
a circuit or the chief judge of the Court of International Trade,
desires to retire under this section, he shall furnish to the President
a certificate of disability signed by the Chief Justice of the United
States.
A circuit or district judge, desiring to retire under this section,
shall furnish to the President a certificate of disability signed by the
chief judge of his circuit.
A judge of the Court of International Trade desiring to retire under
this section, shall furnish to the President a certificate of disability
signed by the chief judge of his court.
Each justice or judge retiring under this section after serving ten
years continuously or otherwise shall, during the remainder of his
lifetime, receive the salary of the office. A justice or judge retiring
under this section who has served less than ten years in all shall,
during the remainder of his lifetime, receive one-half the salary of the
office.
(b) Whenever any judge of the United States appointed to hold office
during good behavior who is eligible to retire under this section does
not do so and a certificate of his disability signed by a majority of
the members of the Judicial Council of his circuit in the case of a
circuit or district judge, or by the Chief Justice of the United States
in the case of the Chief Judge of the Court of International Trade, or
by the chief judge of his court in the case of a judge of the Court of
International Trade, is presented to the President and the President
finds that such judge is unable to discharge efficiently all the duties
of his office by reason of permanent mental or physical disability and
that the appointment of an additional judge is necessary for the
efficient dispatch of business, the President may make such appointment
by and with the advice and consent of the Senate. Whenever any such
additional judge is appointed, the vacancy subsequently caused by the
death, resignation, or retirement of the disabled judge shall not be
filled. Any judge whose disability causes the appointment of an
additional judge shall, for purpose of precedence, service as chief
judge, or temporary performance of the duties of that office, be treated
as junior in commission to the other judges of the circuit, district, or
court.
(c)(1) Any person alleging that a circuit, district, or bankruptcy
judge, or a magistrate, has engaged in conduct prejudicial to the
effective and expeditious administration of the business of the courts,
or alleging that such a judge or magistrate is unable to discharge all
the duties of office by reason of mental or physical disability, may
file with the clerk of the court of appeals for the circuit a written
complaint containing a brief statement of the facts constituting such
conduct. In the interests of the effective and expeditious
administration of the business of the courts and on the basis of
information available to the chief judge of the circuit, the chief judge
may, by written order stating reasons therefor, identify a complaint for
purposes of this subsection and thereby dispense with filing of a
written complaint.
(2) Upon receipt of a complaint filed under paragraph (1) of this
subsection, the clerk shall promptly transmit such complaint to the
chief judge of the circuit, or, if the conduct complained of is that of
the chief judge, to that circuit judge in regular active service next
senior in date of commission (hereafter, for purposes of this subsection
only, included in the term ''chief judge''). The clerk shall
simultaneously transmit a copy of the complaint to the judge or
magistrate whose conduct is the subject of the complaint.
(3) After expeditiously reviewing a complaint, the chief judge, by
written order stating his reasons, may --
(A) dismiss the complaint, if he finds it to be (i) not in conformity
with paragraph (1) of this subsection, (ii) directly related to the
merits of a decision or procedural ruling, or (iii) frivolous; or
(B) conclude the proceeding if he finds that appropriate corrective
action has been taken or that action on the complaint is no longer
necessary because of intervening events.
The chief judge shall transmit copies of his written order to the
complainant and to the judge or magistrate whose conduct is the subject
of the complaint.
(4) If the chief judge does not enter an order under paragraph (3) of
this subsection, such judge shall promptly --
(A) appoint himself and equal numbers of circuit and district judges
of the circuit to a special committee to investigate the facts and
allegations contained in the complaint;
(B) certify the complaint and any other documents pertaining thereto
to each member of such committee; and
(C) provide written notice to the complainant and the judge or
magistrate whose conduct is the subject of the complaint of the action
taken under this paragraph.
A judge appointed to a special committee under this paragraph may
continue to serve on that committee after becoming a senior judge or, in
the case of the chief judge of the circuit, after his or her term as
chief judge terminates under subsection (a)(3) or (c) of section 45 of
this title. If a judge appointed to a committee under this paragraph
dies, or retires from office under section 371(a) of this title, while
serving on the committee, the chief judge of the circuit may appoint
another circuit or district judge, as the case may be, to the committee.
(5) Each committee appointed under paragraph (4) of this subsection
shall conduct an investigation as extensive as it considers necessary,
and shall expeditiously file a comprehensive written report thereon with
the judicial council of the circuit. Such report shall present both the
findings of the investigation and the committee's recommendations for
necessary and appropriate action by the judicial council of the circuit.
(6) Upon receipt of a report filed under paragraph (5) of this
subsection, the judicial council --
(A) may conduct any additional investigation which it considers to be
necessary;
(B) shall take such action as is appropriate to assure the effective
and expeditious administration of the business of the courts within the
circuit, including, but not limited to, any of the following actions:
(i) directing the chief judge of the district of the magistrate whose
conduct is the subject of the complaint to take such action as the
judicial council considers appropriate;
(ii) certifying disability of a judge appointed to hold office during
good behavior whose conduct is the subject of the complaint, pursuant to
the procedures and standards provided under subsection (b) of this
section;
(iii) requesting that any such judge appointed to hold office during
good behavior voluntarily retire, with the provision that the length of
service requirements under section 371 of this title shall not apply;
(iv) ordering that, on a temporary basis for a time certain, no
further cases be assigned to any judge or magistrate whose conduct is
the subject of a complaint;
(v) censuring or reprimanding such judge or magistrate by means of
private communication;
(vi) censuring or reprimanding such judge or magistrate by means of
public announcement; or
(vii) ordering such other action as it considers appropriate under
the circumstances, except that (I) in no circumstances may the council
order removal from office of any judge appointed to hold office during
good behavior, and (II) any removal of a magistrate shall be in
accordance with section 631 of this title and any removal of a
bankruptcy judge shall be in accordance with section 152 of this title;
(C) may dismiss the complaint; and
(D) shall immediately provide written notice to the complainant and
to such judge or magistrate of the action taken under this paragraph.
(7)(A) In addition to the authority granted under paragraph (6) of
this subsection, the judicial council may, in its discretion, refer any
complaint under this subsection, together with the record of any
associated proceedings and its recommendations for appropriate action,
to the Judicial Conference of the United States.
(B) In any case in which the judicial council determines, on the
basis of a complaint and an investigation under this subsection, or on
the basis of information otherwise available to the council, that a
judge appointed to hold office during good behavior may have engaged in
conduct --
(i) which might constitute one or more grounds for impeachment under
article II of the Constitution; or
(ii) which, in the interest of justice, is not amenable to resolution
by the judicial council,
the judicial council shall promptly certify such determination,
together with any complaint and a record of any associated proceedings,
to the Judicial Conference of the United States.
(C) A judicial council acting under authority of this paragraph
shall, unless contrary to the interests of justice, immediately submit
written notice to the complainant and to the judge or magistrate whose
conduct is the subject of the action taken under this paragraph.
(8)(A) Upon referral or certification of any matter under paragraph
(7) of this subsection, the Judicial Conference, after consideration of
the prior proceedings and such additional investigation as it considers
appropriate, shall by majority vote take such action, as described in
paragraph (6)(B) of this subsection, as it considers appropriate. If
the Judicial Conference concurs in the determination of the council, or
makes its own determination, that consideration of impeachment may be
warranted, it shall so certify and transmit the determination and the
record of proceedings to the House of Representatives for whatever
action the House of Representatives considers to be necessary. Upon
receipt of the determination and record of proceedings in the House of
Representatives, the Clerk of the House of Representatives shall make
available to the public the determination and any reasons for the
determination.
(B) If a judge or magistrate has been convicted of a felony and has
exhausted all means of obtaining direct review of the conviction, or the
time for seeking further direct review of the conviction has passed and
no such review has been sought, the Judicial Conference may, by majority
vote and without referral or certification under paragraph (7), transmit
to the House of Representatives a determination that consideration of
impeachment may be warranted, together with appropriate court records,
for whatever action the House of Representatives considers to be
necessary.
(9)(A) In conducting any investigation under this subsection, the
judicial council, or a special committee appointed under paragraph (4)
of this subsection, shall have full subpoena powers as provided in
section 332(d) of this title.
(B) In conducting any investigation under this subsection, the
Judicial Conference, or a standing committee appointed by the Chief
Justice under section 331 of this title, shall have full subpoena powers
as provided in that section.
(10) A complainant, judge, or magistrate aggrieved by a final order
of the chief judge under paragraph (3) of this subsection may petition
the judicial council for review thereof. A complainant, judge, or
magistrate aggrieved by an action of the judicial council under
paragraph (6) of this subsection may petition the Judicial Conference of
the United States for review thereof. The Judicial Conference, or the
standing committee established under section 331 of this title, may
grant a petition filed by a complainant, judge, or magistrate under this
paragraph. Except as expressly provided in this paragraph, all orders
and determinations, including denials of petitions for review, shall be
final and conclusive and shall not be judicially reviewable on appeal or
otherwise.
(11) Each judicial council and the Judicial Conference may prescribe
such rules for the conduct of proceedings under this subsection,
including the processing of petitions for review, as each considers to
be appropriate. Such rules shall contain provisions requiring that --
(A) adequate prior notice of any investigation be given in writing to
the judge or magistrate whose conduct is the subject of the complaint;
(B) the judge or magistrate whose conduct is the subject of the
complaint be afforded an opportunity to appear (in person or by counsel)
at proceedings conducted by the investigating panel, to present oral and
documentary evidence, to compel the attendance of witnesses or the
production of documents, to cross-examine witnesses, and to present
argument orally or in writing; and
(C) the complainant be afforded an opportunity to appear at
proceedings conducted by the investigating panel, if the panel concludes
that the complainant could offer substantial information.
Any such rule shall be made or amended only after giving appropriate
public notice and an opportunity for comment. Any rule promulgated
under this subsection shall be a matter of public record, and any such
rule promulgated by a judicial council may be modified by the Judicial
Conference. No rule promulgated under this subsection may limit the
period of time within which a person may file a complaint under this
subsection.
(12) No judge or magistrate whose conduct is the subject of an
investigation under this subsection shall serve upon a special committee
appointed under paragraph (4) of this subsection, upon a judicial
council, upon the Judicial Conference, or upon the standing committee
established under section 331 of this title, until all related
proceedings under this subsection have been finally terminated.
(13) No person shall be granted the right to intervene or to appear
as amicus curiae in any proceeding before a judicial council or the
Judicial Conference under this subsection.
(14) Except as provided in paragraph (8), all papers, documents, and
records of proceedings related to investigations conducted under this
subsection shall be confidential and shall not be disclosed by any
person in any proceeding except to the extent that --
(A) the judicial council of the circuit in its discretion releases a
copy of a report of a special investigative committee under paragraph
(5) to the complainant whose complaint initiated the investigation by
that special committee and to the judge or magistrate whose conduct is
the subject of the complaint;
(B) the judicial council of the circuit, the Judicial Conference of
the United States, or the Senate or the House of Representatives by
resolution, releases any such material which is believed necessary to an
impeachment investigation or trial of a judge under article I of the
Constitution; or
(C) such disclosure is authorized in writing by the judge or
magistrate who is the subject of the complaint and by the chief judge of
the circuit, the Chief Justice, or the chairman of the standing
committee established under section 331 of this title.
(15) Each written order to implement any action under paragraph
(6)(B) of this subsection, which is issued by a judicial council, the
Judicial Conference, or the standing committee established under section
331 of this title, shall be made available to the public through the
appropriate clerk's office of the court of appeals for the circuit.
Unless contrary to the interests of justice, each such order issued
under this paragraph shall be accompanied by written reasons therefor.
(16) Upon the request of a judge or magistrate whose conduct is the
subject of a complaint under this subsection, the judicial council may,
if the complaint has been finally dismissed under paragraph (6)(C),
recommend that the Director of the Administrative Office of the United
States Courts award reimbursement, from funds appropriated to the
Federal judiciary, for those reasonable expenses, including attorneys'
fees, incurred by that judge or magistrate during the investigation
which would not have been incurred but for the requirements of this
subsection.
(17) Except as expressly provided in this subsection, nothing in this
subsection shall be construed to affect any other provision of this
title, the Federal Rules of Civil Procedure, the Federal Rules of
Criminal Procedure, the Federal Rules of Appellate Procedure, or the
Federal Rules of Evidence.
(18) The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal Circuit
shall each prescribe rules, consistent with the foregoing provisions of
this subsection, establishing procedures for the filing of complaints
with respect to the conduct of any judge of such court and for the
investigation and resolution of such complaints. In investigating and
taking action with respect to any such complaint, each such court shall
have the powers granted to a judicial council under this subsection.
(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, 67,
63 Stat. 99; Feb. 10, 1954, ch. 6, 4(a), 68 Stat. 12; Sept. 2, 1957,
Pub. L. 85-261, 71 Stat. 586; Oct. 10, 1980, Pub. L. 96-417, title V,
501(9), 94 Stat. 1742; Oct. 15, 1980, Pub. L. 96-458, 3(a), (b), 94
Stat. 2036, 2040; Apr. 2, 1982, Pub. L. 97-164, title I, 112, 96 Stat.
29; July 10, 1984, Pub. L. 98-353, title I, 107, 98 Stat. 342; Nov.
19, 1988, Pub. L. 100-702, title IV, 403(c), 102 Stat. 4651; Dec. 1,
1990, Pub. L. 101-650, title IV, 402, 104 Stat. 5122; Oct. 29, 1992,
Pub. L. 102-572, title IX, 902(b)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 375b, 375c, and 375d (Aug. 5,
1939, ch. 433, 1-3, 53 Stat. 1204, 1205).
This section consolidates sections 375b, 375c, and 375d of title 28,
U.S.C., 1940 ed.
Section 375e of title 28, U.S.C., 1940 ed. providing that term
''senior circuit judge'' includes the Chief Justice of the United States
Court of Appeals for the District of Columbia, and the term ''judicial
circuit'' includes the District of Columbia, was omitted from this
revision as unnecessary. Such district is included as a judicial
circuit by section 41 of this title.
Words ''justice or judge of the United States'' were used to describe
members of all courts who hold office during good behavior. (See
reviser's note under section 371 of this title.)
Term ''chief judge'' was substituted for ''Chief Justice'' of the
Court of Claims, ''presiding judge'' of the Court of Customs and Patent
Appeals and ''senior circuit judge.'' (See Reviser's Note under section
136 of this title.)
For clarity and convenience the requirement that certificates of
disability be submitted ''to the President,'' was made explicit.
The revised section requires a judge of the Customs Court to furnish
a certificate of disability signed by the chief judge of his court,
instead of by the chief judge of the Court of Customs and Patent Appeals
as in said section 375c of title 28, U.S.C., 1940 ed. This change
insures signing of the certificate of disability by the chief judge
possessing knowledge of the facts.
Changes were made in phraseology and arrangement.
Subsection (a) of this section amends section 372 of title 28,
U.S.C., to express the requirement that appointment of successors to
justices or judges must be made with confirmation by the Senate.
Subsection (b) of this section clarifies the intent of section 372 of
title 28, U.S.C., and conforms with the language of section 371 of such
title.
The Federal Rules of Civil Procedure, the Federal Rules of Appellate
Procedure, and the Federal Rules of Evidence, referred to in subsec.
(c)(17), are set out in the Appendix to this title.
The Federal Rules of Criminal Procedure, referred to in subsec.
(c)(17), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
1992 -- Subsec. (c)(18). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1990 -- Subsec. (c)(1). Pub. L. 101-650, 402(a), inserted at end
''In the interests of the effective and expeditious administration of
the business of the courts and on the basis of information available to
the chief judge of the circuit, the chief judge may, by written order
stating reasons therefor, identify a complaint for purposes of this
subsection and thereby dispense with filing of a written complaint.''
Subsec. (c)(3)(B). Pub. L. 101-650, 402(f), inserted before period
at end ''or that action on the complaint is no longer necessary because
of intervening events''.
Subsec. (c)(4). Pub. L. 101-650, 402(b), inserted at end ''A judge
appointed to a special committee under this paragraph may continue to
serve on that committee after becoming a senior judge or, in the case of
the chief judge of the circuit, after his or her term as chief judge
terminates under subsection (a)(3) or (c) of section 45 of this title.
If a judge appointed to a committee under this paragraph dies, or
retires from office under section 371(a) of this title, while serving on
the committee, the chief judge of the circuit may appoint another
circuit or district judge, as the case may be, to the committee.''
Subsec. (c)(6). Pub. L. 101-650, 402(g), added subpar. (C) and
redesignated former subpar. (C) as (D).
Subsec. (c)(7)(B). Pub. L. 101-650, 402(i)(1), substituted ''may
have engaged in conduct'' for ''has engaged in conduct'' in introductory
provisions and ''article II'' for ''article I'' in cl. (i).
Subsec. (c)(8). Pub. L. 101-650, 402(d), designated existing
provisions as subpar. (A) and added subpar. (B).
Pub. L. 101-650, 402(c)(1), inserted at end ''Upon receipt of the
determination and record of proceedings in the House of Representatives,
the Clerk of the House of Representatives shall make available to the
public the determination and any reasons for the determination.''
Subsec. (c)(11). Pub. L. 101-650, 402(e), inserted at end ''No rule
promulgated under this subsection may limit the period of time within
which a person may file a complaint under this subsection.''
Subsec. (c)(14). Pub. L. 101-650, 402(c)(2)(A), (B), substituted
''Except as provided in paragraph (8), all'' for ''All'' and ''except to
the extent that'' for ''unless'' in introductory provisions.
Subsec. (c)(14)(A). Pub. L. 101-650, 402(c)(2)(E), added subpar.
(A). Former subpar. (A) redesignated (B).
Subsec. (c)(14)(B). Pub. L. 101-650, 402(c)(2)(D), redesignated
subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 101-650, 402(c)(2)(C), inserted ''such disclosure is''
before ''authorized''.
Subsec. (c)(14)(C). Pub. L. 101-650, 402(c)(2)(D), (i)(2),
redesignated subpar. (B) as (C) and substituted ''subject of the
complaint'' for ''subject to the complaint''.
Subsec. (c)(16) to (18). Pub. L. 101-650, 402(h), added par. (16)
and redesignated former pars. (16) and (17) as (17) and (18),
respectively.
1988 -- Subsec. (c)(11). Pub. L. 100-702 inserted before last
sentence ''Any such rule shall be made or amended only after giving
appropriate public notice and an opportunity for comment.''
1984 -- Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted ''section
152'' for ''section 153''.
1982 -- Subsec. (a). Pub. L. 97-164, 112(a), struck out ''Court of
Claims, Court of Customs and Patent Appeals, or'' before ''Court of
International Trade'' in third and fifth pars.
Subsec. (b). Pub. L. 97-164, 112(b), struck out ''Court of Claims,
Court of Customs and Patent Appeals, or'' before ''Court of
International Trade'' wherever appearing.
Subsec. (c)(17). Pub. L. 97-164, 112(c), substituted ''United States
Claims Court, the Court of International Trade, and the Court of Appeals
for the Federal Circuit'' for ''Court of Claims, the Court of Customs
and Patent Appeals, and the Customs Court''.
1980 -- Pub. L. 96-458, 3(b), inserted ''judicial discipline'' in
section catchline.
Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court as
the Court of International Trade.
Subsec. (c). Pub. L. 96-458, 3(a), added subsec. (c).
1957 -- Subsec. (b). Pub. L. 85-261 added subsec. (b).
1954 -- Act Feb. 10, 1954, inserted ''; substitute judge on failure
to retire'' in section catchline (but without adding any provisions on
such subject to the text of the section, see 1957 amendment), and
inserted ''under this section'' after ''retire'' in third, fourth, and
fifth pars.
1949 -- Act May 24, 1949, amended section to include provision that
appointment of successors to justices or judges must be made with
consent of Senate, and inserted ''continuously or otherwise'' after
''Each justice or judge'' in last par.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1, 1990,
see section 407 of Pub. L. 101-650, set out as a note under section 332
of this title.
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of this
title.
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7
of Pub. L. 96-458, set out as a note under section 331 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118, provided
in part that: ''Notwithstanding the requirement of section 415 of
Public Law 101-650 (set out below) to submit the report mandated by said
section not later than one year after the date of the Commission's first
meeting, the National Commission on Judicial Discipline and Removal
shall submit to each House of Congress, the Chief Justice of the United
States, and the President, the report mandated in said section no later
than August 1, 1993.''
Subtitle II of title IV of Pub. L. 101-650, as amended by Pub. L.
102-198, 8(a), (b)(2), Dec. 9, 1991, 105 Stat. 1625, 1626, provided
that:
''SEC. 408. SHORT TITLE.
''This subtitle may be cited as the 'National Commission on Judicial
Discipline and Removal Act'.
''SEC. 409. ESTABLISHMENT.
''There is hereby established a commission to be known as the
'National Commission on Judicial Discipline and Removal' (hereinafter in
this subtitle referred to as the 'Commission').
''SEC. 410. DUTIES OF COMMISSION.
''The duties of the Commission are --
''(1) to investigate and study the problems and issues involved in
the tenure (including discipline and removal) of an article III judge;
''(2) to evaluate the advisability of proposing alternatives to
current arrangements with respect to such problems and issues, including
alternatives for discipline or removal of judges that would require
amendment to the Constitution; and
''(3) to prepare and submit to the Congress, the Chief Justice of the
United States, and the President a report in accordance with section
415.
''SEC. 411. MEMBERSHIP.
''(a) Number and Appointment. -- The Commission shall be composed of
13 members as follows:
''(1) Three appointed by the President pro tempore of the Senate.
''(2) Three appointed by the Speaker of the House of Representatives.
''(3) Three appointed by the Chief Justice of the United States.
''(4) Three appointed by the President.
''(5) One appointed by the Conference of Chief Justices of the States
of the United States.
''(b) Term. -- Members of the Commission shall be appointed for the
life of the Commission.
''(c) Quorum. -- Six members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
''(d) Chairman. -- The members of the Commission shall select one of
the members to be the Chairman.
''(e) Vacancy. -- A vacancy on the Commission resulting from the
death or resignation of a member shall not affect its powers and shall
be filled in the same manner in which the original appointment was made.
''(f) Continuation of Membership. -- If any member of the Commission
who was appointed to the Commission as a Member of Congress or as an
officer or employee of a government leaves that office, or if any member
of the Commission who was appointed from persons who are not officers or
employees of a government becomes an officer or employee of a
government, the member may continue as a member of the Commission for
not longer than the 90-day period beginning on the date the member
leaves that office or becomes such an officer or employee, as the case
may be.
''SEC. 412. COMPENSATION OF THE COMMISSION.
''(a) Pay. -- (1) Except as provided in paragraph (2), each member of
the Commission who is not otherwise employed by the United States
Government shall be entitled to receive the daily equivalent of the
annual rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code, for each day (including
travel time) during which he or she is engaged in the actual performance
of duties as a member of the Commission.
''(2) A member of the Commission who is an officer or employee of the
United States Government shall serve without additional compensation.
''(b) Travel. -- All members of the Commission shall be reimbursed
for travel, subsistence, and other necessary expenses incurred by them
in the performance of their duties.
''SEC. 413. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
CONSULTANTS.
''(a) Director. -- The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Chairman and who shall be paid at a rate not to exceed
the rate of basic pay payable for level V of the Executive Schedule
under section 5316 of such title.
''(b) Staff. -- The Chairman of the Commission may appoint and fix
the pay of such additional personnel as the Chairman finds necessary to
enable the Commission to carry out its duties. Such personnel may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and may be paid
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, except that the annual rate of pay for any individual so
appointed may not exceed a rate equal to the annual rate of basic pay
payable for GS-18 of the General Schedule under section 5332 of such
title.
''(c) Experts and Consultants. -- The Commission may procure
temporary and intermittent services of experts and consultants under
section 3109(b) of title 5, United States Code.
''SEC. 414. POWERS OF COMMISSION.
''(a) Hearings and Sessions. -- The Commission or, on authorization
of the Commission, a member of the Commission may, for the purpose of
carrying out this subtitle, hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may administer oaths
or affirmations to witnesses appearing before it.
''(b) Obtaining Official Data. -- The Commission may secure directly
from any department, agency, or entity within the executive or judicial
branch of the Federal Government information necessary to enable it to
carry out this subtitle. Upon request of the Chairman of the
Commission, the head of such department or agency shall furnish such
information to the Commission.
''(c) Facilities and Support Services. -- The Administrator of
General Services shall provide to the Commission on a reimbursable basis
such facilities and support services as the Commission may request.
Upon request of the Commission, the head of any Federal agency is
authorized to make any of the facilities and services of such agency
available to the Commission to assist the Commission in carrying out its
duties under this subtitle.
''(d) Expenditures and Contracts. -- The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or member considers
appropriate for the purposes of carrying out the duties of the
Commission. Such expenditures and contracts may be made only to such
extent or in such amounts as are provided in appropriation Acts.
''(e) Mails. -- The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
''(f) Gifts. -- The Commission may accept, use, and dispose of gifts
or donations of services or property.
''SEC. 415. REPORT.
''The Commission shall submit to each House of Congress, the Chief
Justice of the United States, and the President a report not later than
one year after the date of its first meeting. The report shall contain
a detailed statement of the findings and conclusions of the Commission,
together with its recommendations for such legislative or administrative
action as it considers appropriate.
''SEC. 416. TERMINATION.
''The Commission shall cease to exist on the date 30 days after the
date it submits its report to the President and the Congress under
section 415.
''SEC. 417. AUTHORIZATION OF APPROPRIATIONS.
''There is authorized to be appropriated the sum of $750,000 to carry
out the provisions of this subtitle.
''SEC. 418. EFFECTIVE DATE.
''This subtitle shall take effect on the date of the enactment of
this Act (Dec. 1, 1990).''
(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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.)
Inclusion of service as judge of the District Court for the Territory
of Alaska in the computation of years of judicial service for judges of
the United States District Court for the District of Alaska, see Pub.
L. 89-70, set out as a note under section 371 of this title.
Certain judicial service in Hawaii included within computation of
aggregate years of judicial service, see section 14(d) of Pub. L.
86-3, set out as a note under section 371 of this title.
Assignment of retired justices or judges to active duty, see section
294 of this title.
Justices and judges appointed to hold office during good behavior --
Court of International Trade, see section 252 of this title.
Courts of Appeals, see Const., Art. 3, 1.
District Courts, see Const., Art. 3, 1.
Supreme Court, see Const., Art. 3, 1.
sections 8440a, 8701; title 38 section 7253.
28 USC 373. Judges in territories and possessions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any judge of the District Court of Guam, the District Court of
the Northern Mariana Islands, or the District Court of the Virgin
Islands who retires from office after attaining the age and meeting the
service requirements whether continuous or otherwise, of subsection (b)
shall, during the remainder of his lifetime, receive an annuity equal to
the salary he is receiving at the time he retires.
(b) The age and service requirements for retirement under subsection
(a) of this section are as follows:
Attained age: Years of service:
65 15
66 14
67 13
68 12
69 11
70 10
(c)(1) Any judge or former judge who is receiving an annuity pursuant
to this section may elect to become a senior judge of the court upon
which he served before retiring.
(2) The chief judge of a judicial circuit may recall any such senior
judge, with the judge's consent, to perform, for the court from which he
retired, such judicial duties for such periods of time as the chief
judge may specify.
(3) Any act or failure to act by a senior judge performing judicial
duties pursuant to recall under paragraph (2) of this subsection shall
have the same force and effect as if it were an act or failure to act of
a judge on active duty; but such senior judge shall not be counted as a
judge of the court on which he is serving as a recalled annuitant for
purposes of the number of judgeships authorized for that court.
(4) Any senior judge performing judicial duties pursuant to recall
under paragraph (2) of this subsection shall be paid, while performing
such duties, the same compensation (in lieu of the annuity payable under
subsection (a) of this section) and the same allowances for travel and
other expenses as a judge on active duty with the court being served.
(5) Any senior judge performing judicial duties pursuant to recall
under paragraph (2) of this subsection shall at all times be governed by
the code of judicial conduct for United States judges approved by the
Judicial Conference of the United States.
(d) Any judge who elects to become a senior judge under subsection
(c) of this section and who thereafter --
(1) accepts civil office or employment under the Government of the
United States (other than the performance of judicial duties pursuant to
recall under subsection (c) of this section);
(2) engages in the practice of law; or
(3) materially violates the code of judicial conduct for United
States judges,
shall cease to be a senior judge and to be eligible for recall
pursuant to subsection (c) of this section.
(e) Any judge of the District Court of Guam, the District Court of
the Northern Mariana Islands, or the District Court of the Virgin
Islands who is removed by the President of the United States upon the
sole ground of mental or physical disability, or who is not reappointed
(as judge of such court), shall be entitled, upon attaining the age of
sixty-five years or upon relinquishing office if he is then beyond the
age of sixty-five years, (1) if his judicial service, continuous or
otherwise, aggregates fifteen years or more, to receive during the
remainder of his life an annuity equal to the salary he received when he
left office, or (2) if his judicial service, continuous or otherwise,
aggregated less than fifteen years but not less than ten years, to
receive during the remainder of his life an annuity equal to that
proportion of such salary which the aggregate number of his years of his
judicial service bears to fifteen.
(f) Service at any time as a judge of the courts referred to in
subsection (a) or of any other court of the United States, as defined by
section 451 of this title, shall be included in the computation of
aggregate years of judicial service for purposes of this section.
(g) Any retired judge who is entitled to receive an annuity under
subsection (a) shall be entitled to a cost of living adjustment in the
amount payable to him computed as specified in section 8340(b) of title
5, except that in no case may the annuity payable to such retired judge,
as increased under this subsection, exceed 95 per centum of the salary
of a United States district judge in regular active service.
(June 25, 1948, ch. 646, 62 Stat. 904; Oct. 31, 1951, ch. 655, 40,
65 Stat. 724; Feb. 10, 1954, ch. 6, 5, 68 Stat. 13; July 7, 1958,
Pub. L. 85-508, 12(d), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86-3,
14(d), 73 Stat. 10; Sept. 12, 1966, Pub. L. 89-571, 2, 80 Stat. 764;
Oct. 11, 1976, Pub. L. 94-470, 90 Stat. 2052; Aug. 27, 1986, Pub. L.
99-396, 21(a), 100 Stat. 844.)
Based on section 634b and 634c of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions. (title 28, U.S.C., 1940 ed.,
375g, 375g note, 375h) (May 31, 1938, ch. 301, 1, 2, 52 Stat. 591;
Apr. 16, 1946, ch. 139, 1, 2, 3, 60 Stat. 90, 91).
Section consolidates sections 634b and 634c of title 48, U.S.C., 1940
ed., as amended and transferred to title 28, U.S.C., 1940 ed., as
sections 375g and 375h thereof, with changes of phraseology necessary to
effect consolidation.
1986 -- Pub. L. 99-396 amended section generally. Prior to
amendment, section read as follows:
''Any judge of 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, who resigns after attaining the age of seventy years and
after serving at least ten years, continuously or otherwise, or after
attaining the age of sixty-five years and after serving at least fifteen
years, continuously or otherwise, shall continue during the remainder of
his life to receive the salary he received when he relinquished office.
''Any judge of any such courts who is removed by the President of the
United States upon the sole ground of mental or physical disability, or
who fails of reappointment, shall be entitled, upon attaining the age of
sixty-five years or upon relinquishing office if he is then beyond the
age of sixty-five years, (a) if his judicial service aggregated sixteen
years or more, to receive during the remainder of his life the salary he
received when he relinquished office, or (b) if his judicial service
aggregated less than sixteen years but not less than ten years, to
receive during the remainder of his life that proportion of such salary
which the aggregate number of years of his judicial service bears to
sixteen.
''Service at any time in any of the courts referred to in the first
paragraph, or in any other court under appointment by the President,
shall be included in the computation of aggregate years of judicial
service for the purposes of this section.
''Any judge who has retired by resigning under the provisions of this
section, or who is otherwise entitled to payments under this section,
shall be entitled after the effective date of this Act to a
cost-of-living adjustment in the amount payable to him computed as
specified in section 8340(b) of title 5, United States Code: Provided,
however, That in no case shall the salary or amount payable to such
judge as increased under this paragraph exceed 95 per centum of the
salary of a United States district court judge in regular active
service.''
1976 -- Pub. L. 94-470 inserted cost-of-living adjustment provision,
including limitation of payment to amount no greater than 95 per centum
of salary of a United States district court judge in regular active
service.
1966 -- Pub. L. 89-571 removed the United States District Court for
District of Puerto Rico from list of courts to which the provisions of
section are applicable.
1959 -- Pub. L. 86-3 struck out references to judges of United
States District Court for District of Hawaii and to justices of Supreme
Court of Territory of Hawaii. See section 91 of this title and notes
thereunder.
1958 -- Pub. L. 85-508 struck out provisions which related to
District Court for Territory of Alaska. See section 81A of this title
which establishes a United States District Court for the State of
Alaska.
1954 -- Act Feb. 10, 1954, among other changes, inserted provisions
for retirement after attaining the age of 65 years and after serving at
least fifteen years continuously or otherwise, changed period of service
in connection with retirement at age 70, and reduced from 70 to 65 years
the age requirement in connection with payment of salary after removal
for mental or physical disability or failure of reappointment.
1951 -- Act Oct. 31, 1951, inserted reference to judge of District
Court of Guam in first par.
Section 21(c) of Pub. L. 99-396 provided that: ''The amendments
made by this section (amending this section and section 376 of this
title) shall not affect the amount payable to a judge who retired in
accordance with the provisions of section 373 of title 28, United States
Code, in effect on the day before the date of enactment of this Act
(Aug. 27, 1986).''
Amendment by Pub. L. 86-3 effective on admission of State of Hawaii
into the Union, see note set out under section 91 of this title.
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon
issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat.
c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18,
1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48,
Territories and Insular Possessions.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, upon admission
of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
Pub. L. 98-454, title X, 1002, Oct. 5, 1984, 98 Stat. 1745,
provided that:
''(a) Any judge or former judge who is receiving, or will upon
attaining the age of sixty-five years be entitled to receive, payments
pursuant to section 373 of title 28, United States Code(,) may elect to
become a senior judge of the court on which he served while on active
duty.
''(b) The chief judge of a judicial circuit may recall any such
senior judge of his circuit, with the judge's consent, to perform in the
District Court of Guam, the District Court of the Virgin Islands, or the
District Court for the Northern Mariana Islands such judicial duties and
for such periods of time as the chief judge may specify.
''(c) Any act or failure to act by a senior judge performing judicial
duties pursuant to this section shall have the same force and effect as
if it were the act or failure to act of a judge on active duty; but
such senior judge shall not be counted as a judge of the court on which
he is serving for purposes of the number of judgeships authorized for
that court.
''(d) Any senior judge shall be paid, while performing duties
pursuant to this section, the same compensation (in lieu of payments
pursuant to section 373 of title 28, United States Code) and the same
allowances for travel and other expenses as a judge in active service.
''(e) Senior judges under subsection (a) of this section shall at all
times be governed by the code of judicial conduct for the United States
judges, approved by the Judicial Conference of the United States.
''(f) Any person who has elected to be a senior judge under
subsection (a) of this section and who thereafter --
''(1) accepts civil office or employment under the Government of the
United States (other than the performance of judicial duties pursuant to
subsection (b) of this section);
''(2) engages in the practice of law; or
''(3) materially violated the code of judicial conduct for the United
States judges,
shall cease to be a senior judge and to be eligible for recall
pursuant to subsection (b) of this section.''
Amendment by Pub. L. 89-571 not to affect tenure of office or right
to continue to receive salary after resignation, retirement, or failure
of reappointment of any district judge for the District of Puerto Rico
in office on Sept. 12, 1966, see section 4 of Pub. L. 89-571, set out
as a note under section 134 of this title.
Section 14(d) of Pub. L. 86-3 provided in part: ''That the
amendments made by this subsection shall not affect the rights of any
judge or justice who may have retired before the effective date of this
subsection''. See Effective Date of 1959 Amendment note above.
Section 12(d) of Pub. L. 85-508 provided in part: ''That the
amendment made by this subsection shall not affect the rights of any
judge who may have retired before it takes effect''. See Effective Date
of 1958 Amendment note above.
Certain judicial service in Hawaii included within computation of
aggregate years of judicial service, see section 14(d) of Pub. L.
86-3, set out as a note under section 371 of this title.
28 USC 374. Residence of retired judges; official station
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Retired judges of the United States are not subject to restrictions
as to residence. The place where a retired judge maintains the actual
abode in which he customarily lives shall be deemed to be his official
station for the purposes of section 456 of this title. The place where
a judge or magistrate recalled under section 155, 375, 636, or 797 of
this title maintains the actual abode in which the judge or magistrate
customarily lives shall be deemed to be the official station of such
judge or magistrate for purposes of section 604(a)(7) of this title.
(June 25, 1948, ch. 646, 62 Stat. 904; Sept. 21, 1959, Pub. L.
86-312, 1, 73 Stat. 587; Nov. 14, 1986, Pub. L. 99-651, title II,
202(b), 100 Stat. 3648.)
Based on title 28, U.S.C., 1940 ed., 402 (Feb. 11, 1938, ch. 23, 52
Stat. 28).
Sections 44 and 133 of this title require that active circuit and
district judges shall reside in the circuit or district to which
appointed.
Changes were made in phraseology.
1986 -- Pub. L. 99-651 inserted last sentence.
1959 -- Pub. L. 86-312 inserted sentence to provide that place where
retired judge maintains actual abode shall be deemed to be his official
station and inserted ''; official station'' in section catchline.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
28 USC 375. Recall of certain judges and magistrates
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) A bankruptcy judge or a United States magistrate appointed
under chapter 43 of this title, who has retired under the provisions of
section 377 of this title or under the applicable provisions of title 5
upon attaining the age and years of service requirements established in
section 371(c) of this title, may agree to be recalled to serve under
this section for a period of five years as a bankruptcy judge or
magistrate, as the case may be, upon certification that substantial
service is expected to be performed by such retired judge or magistrate
during such 5-year period. With the agreement of the judge or
magistrate involved, a certification under this subsection may be
renewed for successive 5-year periods.
(2) For purposes of paragraph (1) of this subsection, a certification
may be made, in the case of a bankruptcy judge or a United States
magistrate, by the judicial council of the circuit in which the official
duty station of the judge or magistrate at the time of retirement was
located.
(3) For purposes of this section, the term ''bankruptcy judge'' means
a bankruptcy judge appointed under chapter 6 of this title or serving as
a bankruptcy judge on March 31, 1984.
(b) A judge or magistrate recalled under this section may exercise
all of the powers and duties of the office of judge or magistrate held
at the time of retirement, including the ability to serve in any other
judicial district to the extent applicable, but may not engage in the
practice of law or engage in any other business, occupation, or
employment inconsistent with the expeditious, proper, and impartial
performance of duties as a judicial officer.
(c) During the 5-year period in which a certification under
subsection (a) is in effect, the judge or magistrate involved shall
receive, in addition to the annuity provided under the provisions of
section 377 of this title or under the applicable provisions of title 5,
an amount equal to the difference between that annuity and the current
salary of the office to which the judge or magistrate is recalled. The
annuity of a bankruptcy judge or magistrate who completes that 5-year
period of service, whose certification is not renewed, and who retired
under section 377 of this title shall be equal to the salary in effect,
at the end of that 5-year period, for the office from which he or she
retired.
(d) A certification under subsection (a) may be terminated in
accordance with section 372(c) of this title, and such a certification
shall be terminated upon the death of the recalled judge or magistrate
involved.
(e) Except as provided in subsection (b), nothing in this section
shall affect the right of judges or magistrates who retire under the
provisions of chapter 83 or chapter 84 of title 5 to serve as reemployed
annuitants in accordance with the provisions of title 5. A judge or
magistrate to whom this section applies may be recalled under section
155, 636(h), or 797 of this title, as the case may be, other than during
a 5-year period in which a certification under subsection (a) is in
effect with respect to that judge or magistrate.
(f) For purposes of determining the years of service requirements in
order to be eligible for recall under this section, any service as a
bankruptcy judge or a United States magistrate, and any prior service as
a referee in bankruptcy or a United States commissioner, may be
credited.
(g) Except as provided in subsection (c), a judge or magistrate
recalled under this section who retired under the applicable provisions
of title 5 shall be considered to be a reemployed annuitant under
chapter 83 or chapter 84, as the case may be, of title 5.
(h) The Judicial Conference of the United States may promulgate
regulations to implement this section.
(Added Pub. L. 99-651, title II, 201(b)(1), Nov. 14, 1986, 100 Stat.
3647; amended Pub. L. 100-659, 4(b), Nov. 15, 1988, 102 Stat. 3918;
Pub. L. 101-650, title III, 325(b)(2), Dec. 1, 1990, 104 Stat. 5121;
Pub. L. 102-572, title IX, 904(a), Oct. 29, 1992, 106 Stat. 4517.)
A prior section 375, added Aug. 28, 1954, ch. 1053, 1, 68 Stat.
918; amended Aug. 3, 1956, ch. 944, 1(b), 70 Stat. 1021; Aug. 22,
1972, Pub. L. 92-397, 1, 86 Stat. 579, which provided for annuities
to widows of justices, was repealed by Pub. L. 96-504, 5, Dec. 5,
1980, 94 Stat. 2742.
1992 -- Subsec. (a)(1). Pub. L. 102-572, 904(a)(1), struck out '',
a judge of the Claims Court,'' after ''A bankruptcy judge'' and '',
judge of the Claims Court,'' after ''a bankruptcy judge''.
Subsec. (a)(2). Pub. L. 102-572, 904(a)(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''For
purposes of paragraph (1) of this subsection, a certification may be
made --
''(A) in the case of a bankruptcy judge or a United States
magistrate, by the judicial council of the circuit in which the official
duty station of the judge or magistrate at the time of retirement was
located; and
''(B) in the case of a judge of the Claims Court, by the chief judge
of the United States Claims Court.''
Subsec. (a)(3). Pub. L. 102-572, 904(a)(3), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''For
purposes of this section --
''(A) the term 'bankruptcy judge' means a bankruptcy judge appointed
under chapter 6 of this title or serving as a bankruptcy judge on March
31, 1984; and
''(B) the term 'judge of the Claims Court' means a judge of the
United States Claims Court who is appointed under chapter 7 of this
title or who has served under section 167 of the Federal Courts
Improvement Act of 1982.''
Subsec. (f). Pub. L. 102-572, 904(a)(4), struck out '', a judge of
the Claims Court,'' after ''bankruptcy judge'' and '', a commissioner of
the Court of Claims,'' after ''referee in bankruptcy''.
1990 -- Subsec. (a)(1). Pub. L. 101-650 substituted ''section 377 of
this title'' for ''section 377 of title''.
1988 -- Subsec. (a)(1). Pub. L. 100-659, 4(b)(1), inserted ''under
the provisions of section 377 of title or'' after ''has retired''.
Subsec. (c). Pub. L. 100-659, 4(b)(2), inserted ''under the
provisions of section 377 of this title or'' after ''annuity provided''
and inserted at end ''The annuity of a bankruptcy judge or magistrate
who completes that 5-year period of service, whose certification is not
renewed, and who retired under section 377 of this title shall be equal
to the salary in effect, at the end of that 5-year period, for the
office from which he or she retired.''
Subsec. (g). Pub. L. 100-659, 4(b)(3), inserted ''who retired under
the applicable provisions of title 5'' after ''section''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and
applicable to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after Nov. 15, 1988, with exception
for judges and magistrates retiring on or after July 31, 1987, see
section 9 of Pub. L. 100-659, set out as an Effective Date note under
section 377 of this title.
Section effective Jan. 1, 1987, see section 203 of Pub. L. 99-651,
set out as an Effective Date of 1986 Amendment note under section 155 of
this title.
28 USC 376. Annuities for survivors of certain judicial officials of
the United States
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) For the purposes of this section --
(1) ''judicial official'' means:
(A) a Justice or judge of the United States, as defined by section
451 of this title;
(B) a judge of the District Court of Guam, the District Court of the
Northern Mariana Islands, or the District Court of the Virgin Islands;
(C) a Director of the Administrative Office of the United States
Courts, after he or she has filed a waiver under subsection (a) of
section 611 of this title;
(D) a Director of the Federal Judicial Center, after he or she has
filed a waiver under subsection (b) of section 627 of this title;
(E) an administrative assistant to the Chief Justice of the United
States, after he or she has filed a waiver in accordance with both
subsection (a) of section 677 and subsection (a) of section 611 of this
title;
(F) a full-time bankruptcy judge or a full-time United States
magistrate; or
(G) a judge of the United States Court of Federal Claims;
who notifies the Director of the Administrative Office of the United
States Courts in writing of his or her intention to come within the
purview of this section within six months after (i) the date upon which
he or she takes office, (ii) the date upon which he or she marries,
(iii) January 1, 1977, (iv) October 1, 1986, (v) the date of the
enactment of the Retirement and Survivors' Annuities for Bankruptcy
Judges and Magistrates Act of 1988, in the case of a full-time
bankruptcy judge or United States magistrate in active service on that
date, (vi) the date of the enactment of the Federal Courts Study
Committee Implementation Act of 1990, in the case of a full-time judge
of the Court of Federal Claims in active service on that date, or (vii)
the date of the enactment of the Federal Courts Administration Act of
1992;
(2) ''retirement salary'' means:
(A) in the case of a Justice or judge of the United States, as
defined by section 451 of this title, salary paid (i) after retirement
from regular active service under subsection (b) of section 371 or
subsection (a) of section 372 of this title, or (ii) after retirement
from office by resignation on salary under subsection (a) of section 371
of this title;
(B) in the case of a judge of the District Court of Guam, the
District Court of the Northern Mariana Islands, or the District Court of
the Virgin Islands, (i) an annuity paid under subsection (a) of section
373 of this title or (ii) compensation paid under paragraph (4) of
subsection (c) of section 373 of this title;
(C) in the case of a Director of the Administrative Office of the
United States Courts, an annuity paid under subsection (b) or (c) of
section 611 of this title;
(D) in the case of a Director of the Federal Judicial Center, an
annuity paid under subsection (c) or (d) of section 627 of this title;
(E) in the case of an administrative assistant to the Chief Justice
of the United States, an annuity paid in accordance with both subsection
(a) of section 677 and subsection (a) of section 611 of this title;
(F) in the case of a bankruptcy judge or United States magistrate, an
annuity paid under section 377 of this title; and
(G) in the case of a judge of the United States Court of Federal
Claims, an annuity paid under section 178 of this title;
(3) ''widow'' means the surviving wife of a ''judicial official'',
who:
(A) has been married to him for at least one year on the day of his
death; or
(B) is the mother of issue by that marriage;
(4) ''widower'' means the surviving husband of a ''judicial
official'', who:
(A) has been married to her for at least one year on the day of her
death; or
(B) is the father of issue by that marriage;
(5) ''child'' means:
(A) an unmarried child under eighteen years of age, including (i) an
adopted child and (ii) a stepchild or recognized natural child who lived
with the judicial official in a regular parent-child relationship;
(B) such unmarried child between eighteen and twenty-two years of age
who is a student regularly pursuing a full-time course of study or
training in residence in a high school, trade school, technical or
vocational institute, junior college, college, university, or comparable
educational institution. A child whose twenty-second birthday occurs
before July 1, or after August 31, of a calendar year, and while he or
she is regularly pursuing such a course of study or training, is deemed
to have become twenty-two years of age on the first day of July
immediately following that birthday. A child who is a student is deemed
not to have ceased being a student during an interim period between
school years, if that interim period lasts no longer than five
consecutive months and if that child shows, to the satisfaction of the
Director of the Administrative Office of the United States Courts, that
he or she has a bona fide intention of continuing to pursue a course of
study or training in the same or a different school during the school
semester, or other period into which the school year is divided,
immediately following that interim period; or
(C) such unmarried child, regardless of age, who is incapable of
self-support because of a mental or physical disability incurred either
(i) before age eighteen, or (ii) in the case of a child who is receiving
an annuity as a full-time student under paragraph (5)(B) of this
subsection, before the termination of that annuity;
(6) ''former spouse'' means a former spouse of a judicial official if
the former spouse was married to such judicial official for at least 9
months; and
(7) ''assassinated'' and ''assassination'' mean the killing of a
judicial official described in paragraph (1)(A), (B), (F), or (G) of
this subsection that is motivated by the performance by that judicial
official of his or her official duties.
(b)(1) Every judicial official who files a written notification of
his or her intention to come within the purview of this section, in
accordance with paragraph (1) of subsection (a) of this section, shall
be deemed thereby to consent and agree to having deducted and withheld
from his or her salary, a sum equal to 2.2 percent of that salary, and a
sum equal to 3.5 percent of his or her retirement salary. The deduction
from any retirement salary --
(A) of a justice or judge of the United States retired from regular
active service who is described in section 371(b)(1) of this title,
(B) of a justice or judge of the United States retired under section
372(a) of this title who is willing and able to perform judicial duties
in accordance with section 294 of this title,
(C) of a judge of the United States Court of Federal Claims retired
under section 178(a) or (b) of this title who meets the requirements of
section 178(d) of this title, or
(D) of a judicial official on recall under section 155(b), 797,
373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.
(2) A judicial official who is not entitled to receive an immediate
retirement salary upon leaving office but who is eligible to receive a
deferred retirement salary on a later date shall file, within 90 days
before leaving office, a written notification of his or her intention to
remain within the purview of this section under such conditions and
procedures as may be determined by the Director of the Administrative
Office of the United States Courts. Every judicial official who files a
written notification in accordance with this paragraph shall be deemed
to consent to contribute, during the period before such a judicial
official begins to receive his or her retirement salary, a sum equal to
3.5 percent of the deferred retirement salary which that judicial
official is entitled to receive. Any judicial official who fails to
file a written notification under this paragraph shall be deemed to have
revoked his or her election under subsection (a) of this section.
(3) The amounts deducted and withheld from the salary of each
judicial official under paragraphs (1) and (2) of this subsection shall,
in accordance with such procedures as may be prescribed by the
Comptroller General of the United States, be covered into the Treasury
of the United States and credited to the ''Judicial Survivors' Annuities
Fund'' established by section 3 of the Judicial Survivors' Annuities
Reform Act. Such fund shall be used for the payment of annuities,
refunds, and allowances as provided by this section. Payment of such
salary less such deductions (and any deductions made under section 178
or 377 of this title or under subchapter III of chapter 83, or chapter
84, of title 5) shall be a full and complete discharge and acquittance
of all claims and demands whatsoever for all services rendered by such
judicial official during the period covered by such payment, except the
rights to those benefits to which such judicial official, or his or her
survivors, shall be entitled under the provisions of this section (and
under section 178 or 377 of this title or under subchapter III of
chapter 83, or chapter 84, of title 5).
(c)(1) There shall also be deposited to the credit of the Judicial
Survivors' Annuities Fund, in accordance with such procedures as the
Comptroller General of the United States may prescribe, amounts required
to reduce to zero the unfunded liability of the Judicial Survivors'
Annuities Fund: Provided, That such amounts shall not exceed the
equivalent of 9 percent of salary or retirement salary. Such deposits
shall, subject to appropriations Acts, be taken from the fund used to
pay the compensation of the judicial official, and shall immediately
become an integrated part of the Judicial Survivors' Annuities Fund for
any use required under this section.
(2) For purposes of paragraph (1), the term ''unfunded liability''
means the estimated excess, determined on an annual basis in accordance
with the provisions of section 9503 of title 31, United States Code, of
the present value of all benefits payable from the Judicial Survivors'
Annuities Fund, over the sum of --
(A) the present value of deductions to be withheld from the future
basic pay of judicial officials; plus
(B) the balance in the Fund as of the date the unfunded liability is
determined.
In making any determination under this paragraph, the Comptroller
General shall use the applicable information contained in the reports
filed pursuant to section 9503 of title 31, United States Code, with
respect to the judicial survivors' annuities plan established by this
section.
(3) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(d) Each judicial official shall deposit, with interest at 4 percent
per annum to December 31, 1947, and at 3 percent per annum thereafter,
compounded on December 31 of each year, to the credit of the ''Judicial
Survivors' Annuities Fund'':
(1) a sum equal to 3.5 percent of that salary, including ''retirement
salary'', which he or she has received for serving in any of the offices
designated in paragraph (1) of subsection (a) of this section prior to
the date upon which he or she filed notice of an intention to come
within the purview of this section with the Director of the
Administrative Office of the United States Courts; and
(2) a sum equal to 3.5 percent of the basic salary, pay, or
compensation which he or she has received for serving as a Senator,
Representative, Delegate, or Resident Commissioner in Congress, or for
serving as an ''employee'', as that term is defined in subsection (1) of
section 8331 of title 5, prior to assuming the responsibilities of any
of the offices designated in paragraph (1) of subsection (a) of this
section.
The interest otherwise required by this subsection shall not be
required for any period during which a judicial official was separated
from all such service and was not receiving any retirement salary.
Each such judicial official may elect to make such deposits in
installments, during the continuance of his or her service in those
offices designated in paragraph (1) of subsection (a) of this section,
in such amounts and under such conditions as may be determined in each
instance by the Director of the Administrative Office of the United
States Courts: Provided, That, in each instance in which a judicial
official does elect to make such deposits in installments, the Director
shall require (i) that the first installment payment made shall be in an
amount no smaller than that amount necessary to cover at least the last
eighteen months of prior creditable civilian service, and (ii) that at
least one additional installment payment shall be made every eighteen
months thereafter until the total of all such deposits have been made.
Notwithstanding the failure of any such judicial official to make all
such deposits or installment payments, credit shall be allowed for the
service rendered, but the annuity of that judicial official's widow or
widower shall be reduced by an amount equal to 10 percent of the amount
of such deposits, computed as of the date of the death of such judicial
official, unless such widow or widower shall elect to eliminate such
service entirely from credit under subsection (k) of this section:
Provided, That no deposit shall be required from any such judicial
official for any honorable active duty service in the Army, Navy, Air
Force, Marine Corps, or Coast Guard of the United States, or for any
other creditable service rendered prior to August 1, 1920.
(e) The amounts deducted and withheld in accordance with subsection
(b) of this section, and the amounts deposited in accordance with
subsection (d) of this section, shall be credited to individual accounts
in the name of each judicial official from whom such amounts are
received, for credit to the ''Judicial Survivors' Annuities Fund''.
(f) The Secretary of the Treasury shall invest, from time to time, in
interest bearing securities of the United States or Federal farm loan
bonds, those portions of the ''Judicial Survivors' Annuities Fund''
which in his judgment may not be immediately required for the payment of
annuities, refunds, and allowances as provided in this section. The
income derived from such investments shall constitute a part of such
fund for the purposes of paying annuities and carrying out the
provisions of subsections (g), (h), (m), (o), (p), and (q) of this
section.
(g) If any judicial official leaves office and is ineligible to
receive a retirement salary or leaves office and is entitled to a
deferred retirement salary but fails to make an election under
subsection (b)(2) of this section, all amounts credited to his or her
account established under subsection (e), together with interest at 4
percent per annum to December 31, 1947, and at 3 percent per annum
thereafter, compounded on December 31 of each year, to the date of his
or her relinquishment of office, minus a sum equal to 2.2 percent of
salary for service while deductions were withheld under subsection (b)
or for which a deposit was made by the judicial official under
subsection (d), shall be returned to that judicial official in a
lump-sum payment within a reasonable period of time following the date
of his or her relinquishment of office. For the purposes of this
section, a ''reasonable period of time'' shall be presumed to be no
longer than 1 year following the date upon which such judicial official
relinquishes his or her office.
(h) Annuities payable under this section shall be paid only in
accordance with the following provisions:
(1) In any case in which a judicial official dies while in office,
while receiving retirement salary, or after filing an election and
otherwise complying with the conditions under subsection (b)(2) of this
section (A) after having completed at least eighteen months of
creditable civilian service, as computed in accordance with subsection
(k) of this section, for the last eighteen months of which the salary
deductions provided by subsection (b) of this section or, in lieu
thereof, the deposits required by subsection (d) of this section have
actually been made, or (B) if the death of such judicial official was by
assassination, before having satisfied the requirements of clause (A)
if, for the period of such service, the deductions provided by
subsection (b) or, in lieu thereof, the deposits required by subsection
(d) have actually been made --
(i) if such judicial official is survived by a widow or widower, but
not by a child, there shall be paid to such widow or widower an annuity,
beginning on the day on which such judicial official died, in an amount
computed as provided in subsection (l) of this section; or
(ii) if such judicial official is survived by a widow or widower and
a child or children, there shall be paid to such widow or widower an
annuity, beginning on the day on which such judicial official died, in
an amount computed as provided in subsection (l) of this section, and
there shall also be paid to or on behalf of each such child an immediate
annuity equal to:
(I) 10 percent of the average annual salary determined under
subsection (l)(1) of this section; or
(II) 20 percent of such average annual salary, divided by the number
of children;
whichever is smallest; or
(iii) if such judicial official leaves no surviving widow or widower,
but does leave a surviving child or children, there shall be paid to or
on behalf of each such child an immediate annuity equal to:
(I) the amount of the annuity to which the judicial official's widow
or widower would have been entitled under clause (i) of this paragraph,
had such widow or widower survived the judicial official, divided by the
number of children; or
(II) 20 percent of the average annual salary determined under
subsection (l)(1) of this section; or
(III) 40 percent of such average annual salary amount, divided by the
number of children;
whichever is smallest.
(2) An annuity payable to a widow or widower under clause (i) or (ii)
of paragraph (1) of this subsection shall be terminated upon his or her
death or remarriage before attaining age 55.
(3) An annuity payable to a child under this subsection shall
terminate:
(A) if such child is receiving an annuity based upon his or her
status under paragraph (5)(A) of subsection (a) of this section, on the
last day of the month during which he or she becomes eighteen years of
age;
(B) if such child is receiving an annuity based upon his or her
status under paragraph (5)(B) of subsection (a) of this section, either
(i) on the first day of July immediately following his or her
twenty-second birthday or (ii) on the last day of the month during which
he or she ceases to be a full-time student in accordance with paragraph
(5)(B) of subsection (a) of this section, whichever occurs first:
Provided, That if such child is rendered incapable of self-support
because of a mental or physical disability incurred while receiving that
annuity, that annuity shall not terminate, but shall continue without
interruption and shall be deemed to have become, as of the date of
disability, an annuity based upon his or her status under clause (ii) of
paragraph (5)(C) of subsection (a) of this section;
(C) if such child is receiving an annuity based upon his or her
status under paragraph (5)(C) of subsection (a) of this section, on the
last day of the month during which he or she ceases to be incapable of
self-support because of mental or physical disability; or
(D) on the last day of the month during which such child dies or
marries.
(4) An annuity payable to a child or children under paragraph (1)(ii)
of this subsection shall be recomputed and paid as provided in paragraph
(1)(iii) of this subsection upon the death, but not upon the remarriage,
of the widow or widower who is receiving an annuity under paragraph
(1)(ii) of this subsection.
(5) In any case in which the annuity of a child is terminated, the
annuity of each remaining child which is based upon the service of the
same judicial official shall be recomputed and paid as though the child
whose annuity has been terminated had not survived that judicial
official.
(6) In the case of the survivor or survivors of a judicial official
to whom paragraph (1)(B) applies, there shall be deducted from the
annuities otherwise payable under this section an amount equal to the
amount of salary deductions that would have been made if such deductions
had been made for 18 months prior to the judicial official's death.
(i)(1) All questions of dependency and disability arising under this
section shall be determined by the Director of the Administrative Office
of the United States Courts, subject to review only by the Judicial
Conference of the United States, and the decision of the Judicial
Conference of the United States shall be final and conclusive. The
Director may order or direct at any time such medical or other
examinations as he deems necessary to determine the facts relative to
the nature and degree of disability of any child who is an annuitant, or
an applicant for an annuity, under this section, and may suspend or deny
any such annuity for failure to submit to any such examination.
(2) The Director of the Administrative Office of the United States
Courts shall determine whether the killing of a judicial official was an
assassination, subject to review only by the Judicial Conference of the
United States. The head of any Federal agency that investigates the
killing of a judicial official shall provide information to the Director
that would assist the Director in making such determination.
(j) In any case in which a payment under this section is to be made
to a minor, or to a person mentally incompetent or under other legal
disability, as determined by a court of competent jurisdiction, such
payment may be made to the person who is constituted guardian or other
fiduciary of such claimant by the laws of the State of residence of such
claimant, or to any other person who is otherwise legally vested with
the care of the claimant or of the claimant's estate, and need not be
made directly to such claimant. The Director of the Administrative
Office of the United States Courts may, at his or her discretion,
determine whether such payment is made directly to such claimant or to
such guardian, fiduciary, or other person legally vested with the care
of such claimant or the claimant's estate. Where no guardian or other
fiduciary of such minor or such person under legal disability has been
appointed under the laws of the State of residence of such claimant, the
Director of the Administrative Office of the United States Courts shall
determine the person who is otherwise legally vested with the care of
the claimant or of the claimant's estate.
(k) The years of service rendered by a judicial official which may be
creditable in calculating the amount of an annuity for such judicial
official's widow or widower under subsection (l) of this section shall
include --
(1) those years during which such judicial official served in any of
the offices designated in paragraph (1) of subsection (a) of this
section, including in the case of a Justice or judge of the United
States those years during which he or she continued to hold office
following retirement from regular active service under section 371 or
subsection (a) of section 372 of this title;
(2) those years during which such judicial official served as a
Senator, Representative, Delegate, or Resident Commissioner in Congress,
prior to assuming the responsibilities of any of the offices designated
in paragraph (1) of subsection (a) of this section;
(3) those years during which such judicial official honorably served
on active duty in the Army, Navy, Air Force, Marine Corps, or Coast
Guard of the United States, prior to assuming the responsibilities of
any of the offices designated in paragraph (1) of subsection (a) of this
section: Provided, That those years of such military service for which
credit has been allowed for the purposes of retirement or retired pay
under any other provision of law shall not be included as allowable
years of such service under this section;
(4) those years during which such judicial official served as an
''employee'', as that term is defined in subsection (1) of section 8331
of title 5, prior to assuming the responsibilities of any of the offices
designated in paragraph (1) of subsection (a) of this section, /1/ and
(5) those years during which such judicial official had deductions
withheld from his or her retirement salary in accordance with subsection
(b)(1) or (2) of this section.
For the purposes of this subsection the term ''years'' shall mean
full years and twelfth parts thereof, excluding from the aggregate any
fractional part of a month which numbers less than fifteen full days and
including, as one full month, any fractional part of a month which
numbers fifteen full days or more. Nothing in this subsection shall be
interpreted as waiving or canceling that reduction in the annuity of a
widow or widower which is required by subsection (d) of this section due
to the failure of a judicial official to make those deposits required by
subsection (d) of this section.
(l) The annuity of a widow or widower of a judicial official shall be
an amount equal to the sum of --
(1) 1.5 percent of the average annual salary, including retirement
salary, which such judicial official received for serving in any of the
offices designated in paragraph (1) of subsection (a) of this section
(i) during those three years of such service, or during those three
years while receiving a retirement salary, in which his or her annual
salary or retirement salary was greatest, or (ii) if such judicial
official has so served less than three years, then during the total
period of such service prior to his or her death, multiplied by the
total of:
(A) the number of years of creditable service tabulated in accordance
with paragraph (1) of subsection (k) of this section; plus
(B) the number of years of creditable service tabulated in accordance
with paragraph (2) of subsection (k) of this section; plus
(C) the number of years of creditable service tabulated in accordance
with paragraph (3) of subsection (k) of this section; plus
(D) the number of years during which the judicial official had
deductions withheld from his or her retirement salary under subsection
(b)(1) or (2) of this section; plus
(E) the number of years up to, but not exceeding, fifteen of
creditable service tabulated in accordance with paragraph (4) of
subsection (k) of this section,
plus:
(2) three-fourths of 1 percent of such average annual salary,
multiplied by the number of years of any prior creditable service, as
tabulated in accordance with subsection (k) of this section, not applied
under paragraph (1) of this subsection;
except that such annuity shall not exceed an amount equal to 50
percent of such average annual salary, nor be less than an amount equal
to 25 percent of such average annual salary. Any annuity determined in
accordance with the provisions of this subsection shall be reduced to
the extent required by subsection (d) of this section, and by the amount
of any annuity payable to a former spouse under subsection (t).
(m) Each time that an increase is made under section 8340(b) of title
5 in annuities paid under subchapter III of chapter 83 of such title,
each annuity payable from the Judicial Survivors' Annuities Fund shall
be increased at the same time by the same percentage by which annuities
are increased under that section.
(n) Each annuity authorized under this section shall accrue monthly
and shall be due and payable in monthly installments on the first
business day of the month following the month or other period for which
the annuity shall have accrued. No annuity authorized under this
section shall be assignable, either in law or in equity, except as
provided in subsections (s) and (t), or subject to execution, levy,
attachment, garnishment, or other legal process.
(o)(1) In any case in which a judicial official dies while in office,
or while receiving ''retirement salary'', and;
(A) subject to paragraph (2) of this subsection, before having
completed eighteen months of civilian service, computed in accordance
with subsection (k) of this section, during which the salary deductions
provided by subsection (b) of this section or the deposit required by
subsection (d) of this section have actually been made; or
(B) after having completed eighteen months of civilian service,
computed in accordance with subsection (k) of this section, during which
all such deductions or deposits have been made, but without a survivor
or survivors who are entitled to receive the annuity benefits provided
by subsection (h) or (t) of this section; or
(C) the rights of all persons entitled to receive the annuity
benefits provided by subsection (h) or (t) of this section terminate
before a valid claim therefor has been established;
the total amount credited to the individual account of that judicial
official, established under subsection (e) of this section, with
interest at 4 percent per annum to December 31, 1947, and at 3 percent
per annum thereafter, compounded on December 31, of each year, to the
date of that judicial official's death, shall be paid, upon the
establishment of a valid claim therefor, to the person or persons
surviving at the date title to the payment arises, in the following
order of precedence:
First, to the beneficiary or beneficiaries whom that judicial
official may have designated in a writing received by the Administrative
Office of the United States Courts prior to his or her death;
Second, if there be no such beneficiary, to the widow or widower of
such judicial official;
Third, if none of the above, to the child or children of such
judicial official and the descendants of any deceased children by
representation;
Fourth, if none of the above, to the parents of such judicial
official or the survivor of them;
Fifth, if none of the above, to the duly appointed executor,
executrix, administrator, or administratrix of the estate of such
judicial official;
Sixth, if none of the above, to such other next of kin of such
judicial official, as may be determined by the Director of the
Administrative Office of the United States Courts to be entitled to such
payment, under the laws of the domicile of such judicial official, at
the time of his or her death.
Such payment shall be a bar to recovery by any other person. For the
purposes of this subsection only, a determination that an individual is
a widow, widower, or child of a judicial official may be made by the
Director of the Administrative Office of the United States Courts
without regard to the definitions of those terms contained in paragraphs
(3), (4), and (5) of subsection (a) of this section.
(2) In cases in which a judicial official dies as a result of
assassination and leaves a survivor or survivors who are entitled to
receive the annuity benefits provided by subsection (h) or (t) of this
section, paragraph (1)(A) of this subsection shall not apply.
(p) In any case in which all the annuities which are authorized by
this section and based upon the service of a given official terminate
before the aggregate amount of annuity payments received by the
annuitant or annuitants equals the total amount credited to the
individual account of such judicial official, established under
subsection (e) of this section with interest at 4 percent per annum to
December 31, 1947, and at 3 percent per annum thereafter, compounded on
December 31, of each year, to the date of that judicial official's
death, the difference between such total amount, with such interest, and
such aggregate amount shall be paid, upon establishment of a valid claim
therefor, in the order of precedence prescribed in subsection (o) of
this section.
(q) Any accrued annuity benefits remaining unpaid upon the
termination of an annuity, other than by the death of an annuitant,
shall be paid to that annuitant. Any accrued annuity benefits remaining
unpaid upon the death of an annuitant shall be paid, upon the
establishment of a valid claim therefor, in the following order of
precedence:
First, to the duly appointed executor, executrix, administrator, or
administratrix of the estate of such annuitant;
Second, if there is no such executor, executrix, administrator, or
administratrix, payments shall be made, after the expiration of sixty
days from the date of death of such annuitant, to such individual or
individuals as may appear, in the judgment of the Director of the
Administrative Office of the United States Courts, to be legally
entitled thereto, and such payment shall be a bar to recovery by any
other individual.
(r) Nothing contained in this section shall be interpreted to prevent
a widow or widower eligible for an annuity under this section from
simultaneously receiving such an annuity while also receiving any other
annuity to which such widow or widower may also be entitled under any
other law without regard to this section: Provided, That service used
in the computation of the annuity conferred by this section shall not
also be credited in computing any such other annuity.
(s) A judicial official who has a former spouse may elect, under
procedures prescribed by the Director of the Administrative Office of
the United States Courts, to provide a survivor annuity for such former
spouse under subsection (t). An election under this subsection shall be
made at the time of retirement, or, if later, within 2 years after the
date on which the marriage of the former spouse to the judicial official
is dissolved. An election under this subsection --
(1) shall not be effective to the extent that it --
(A) conflicts with --
(i) any court order or decree referred to in subsection (t)(1), which
was issued before the date of such election, or
(ii) any agreement referred to in such subsection which was entered
into before such date; or
(B) would cause the total of survivor annuities payable under
subsections (h) and (t) based on the service of the judicial official to
exceed 55 percent of the average annual salary (as such term is used in
subsection (l)) of such official; and
(2) shall not be effective, in the case of a judicial official who is
then married, unless it is made with the spouse's written consent.
The Director of the Administrative Office of the United States Courts
shall provide by regulation that paragraph (2) of this subsection may be
waived if the judicial official establishes to the satisfaction of the
Director that the spouse's whereabouts cannot be determined, or that,
due to exceptional circumstances, requiring the judicial official to
seek the spouse's consent would otherwise be inappropriate.
(t)(1) Subject to paragraphs (2) through (4) of this subsection, a
former spouse of a deceased judicial official is entitled to a survivor
annuity under this section if and to the extent expressly provided for
in an election under subsection (s), or in the terms of any decree of
divorce or annulment or any court order or court-approved property
settlement agreement incident to such decree.
(2) The annuity payable to a former spouse under this subsection may
not exceed the difference between --
(A) the maximum amount that would be payable as an annuity to a widow
or widower under subsection (l), determined without taking into account
any reduction of such annuity caused by payment of an annuity to a
former spouse; and
(B) the amount of any annuity payable under this subsection to any
other former spouse of the judicial official, based on an election
previously made under subsection (s), or a court order previously
issued.
(3) The commencement and termination of an annuity payable under this
subsection shall be governed by the terms of the applicable order,
decree, agreement, or election, as the case may be, except that any such
annuity --
(A) shall not commence before --
(i) the day after the judicial official dies, or
(ii) the first day of the second month beginning after the date on
which the Director of the Administrative Office of the United States
Courts receives written notice of the order, decree, agreement, or
election, as the case may be, together with such additional information
or documentation as the Director may prescribe,
whichever is later, and
(B) shall terminate no later than the last day of the month before
the former spouse remarries before becoming 55 years of age or dies.
(4) For purposes of this section, a modification in a decree, order,
agreement, or election referred to in paragraph (1) of this subsection
shall not be effective --
(A) if such modification is made after the retirement of the judicial
official concerned, and
(B) to the extent that such modification involves an annuity under
this subsection.
(u) In the case of a judicial official who is assassinated, an
annuity shall be paid under this section notwithstanding a survivor's
eligibility for or receipt of benefits under chapter 81 of title 5,
except that the annuity for which a surviving spouse is eligible under
this section shall be reduced to the extent that the total benefits paid
under this section and chapter 81 of title 5 for any year would exceed
the current salary for that year of the office of the judicial official.
(v) Subject to the terms of a decree, court order, or agreement
described in subsection (t)(1), if any judicial official ceases to be
married after making the election under subsection (a), he or she may
revoke such election in writing by notifying the Director of the
Administrative Office of the United States Courts. The judicial
official shall also notify any spouse or former spouse of the
application for revocation in accordance with such requirements as the
Director of the Administrative Office of the United States Courts shall
by regulation prescribe. The Director may provide under such
regulations that the notification requirement may be waived with respect
to a spouse or former spouse if the judicial official establishes to the
satisfaction of the Director that the whereabouts of such spouse or
former spouse cannot be determined.
(w) The Comptroller General of the United States shall, at the end of
each 3-fiscal year period, determine whether the contributions by
judicial officials under subsection (b) during that 3-year period
accounted for 50 percent of the costs of the Judicial Survivors'
Annuities Fund and if not, then what adjustments in the contribution
rates under subsection (b) should be made to achieve that 50 percent
figure. The Comptroller General shall report the results of each
determination under this subsection to the Congress.
(Added Aug. 3, 1956, ch. 944, 2, 70 Stat. 1021; amended July 7,
1958, Pub. L. 85-508, 12(n), 72 Stat. 348; Dec. 20, 1967, Pub. L.
90-219, title II, 202, 81 Stat. 668; Aug. 8, 1968, Pub. L. 90-466,
1(a), 82 Stat. 662; Aug. 22, 1972, Pub. L. 92-397, 2, 3(c), 86 Stat.
579, 580; Oct. 19, 1976, Pub. L. 94-554, 2, 90 Stat. 2603; Nov. 6,
1978, Pub. L. 95-598, title II, 211, 92 Stat. 2661; June 19, 1986,
Pub. L. 99-336, 2(a), (d)(1)-(3), (e), 100 Stat. 633, 635-637; Aug.
27, 1986, Pub. L. 99-396, 21(b), 100 Stat. 846; Nov. 15, 1988, Pub. L.
100-659, 3(a), 102 Stat. 3917; Nov. 19, 1988, Pub. L. 100-702, title
X, 1017(a), 102 Stat. 4670; Dec. 1, 1990, Pub. L. 101-650, title III,
306(b), 322(a)-(f), (g)((h)), 104 Stat. 5109, 5117-5120; Oct. 29,
1992, Pub. L. 102-572, title II, 201(a)-(i), title IX, 902(b), 106
Stat. 4508-4510, 4516.)
The date of the enactment of the Retirement and Survivors' Annuities
for Bankruptcy Judges and Magistrates Act of 1988, referred to in
subsec. (a)(1)(v), is the date of the enactment of Pub. L. 100-659,
which was approved Nov. 15, 1988.
The date of the enactment of the Federal Courts Study Committee
Implementation Act of 1990, referred to in subsec. (a)(1)(vi), is the
date of enactment of Pub. L. 101-650, which was approved Dec. 1, 1990.
The date of the enactment of the Federal Courts Administration Act of
1992, referred to in subsec. (a)(1)(vii), is the date of enactment of
Pub. L. 102-572, which was approved Oct. 29, 1992.
Section 3 of the Judicial Survivors' Annuities Reform Act, referred
to in subsec. (b)(3), is section 3 of Pub. L. 94-554, which is set out
as a note below.
1992 -- Subsec. (a)(1). Pub. L. 102-572, 201(a), 902(b)(2), in
concluding provisions substituted ''Court of Federal Claims'' for
''Claims Court'' in cl. (vi) and added cl. (vii).
Subsec. (a)(1)(G), (2)(G). Pub. L. 102-572, 902(b)(1), substituted
''United States Court of Federal Claims'' for ''United States Claims
Court''.
Subsec. (b). Pub. L. 102-572, 201(b), designated first sentence as
par. (1), substituted ''a sum equal to 2.2 percent of that salary, and
a sum equal to 3.5 percent of his or her retirement salary.'' and second
sentence for ''including any 'retirement salary', a sum equal to 5
percent of that salary.'', added par. (2), designated last 3 sentences
as par. (3), and substituted ''deducted and withheld from the salary of
each judicial official under paragraphs (1) and (2) of this subsection''
for ''so deducted and withheld from the salary of each such judicial
official''.
Subsec. (d)(1), (2). Pub. L. 102-572, 201(c), substituted ''3.5
percent'' for ''5 percent''.
Subsec. (g). Pub. L. 102-572, 201(d), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ''If any
judicial official resigns from office without receiving any 'retirement
salary,' all amounts credited to his or her individual account, together
with interest at 4 percent per annum to December 31, 1947; and at 3
percent per annum thereafter, compounded on December 31 of each year, to
the date of his or her relinquishment of office, shall be returned to
that judicial official in a lump-sum payment within a reasonable period
of time following the date of his or her relinquishment of office. For
the purposes of this subsection a 'reasonable period of time' shall be
presumed to be no longer than one year following the date upon which
such judicial official relinquished his or her office.''
Subsec. (h)(1). Pub. L. 102-572, 201(e), substituted ''while
receiving retirement salary, or after filing an election and otherwise
complying with the conditions under subsection (b)(2) of this section''
for ''or while receiving 'retirement salary,'''.
Subsec. (k)(5). Pub. L. 102-572, 201(f), added par. (5).
Subsec. (l)(1). Pub. L. 102-572, 201(g), substituted '', or during
those three years while receiving a retirement salary, in which his or
her annual salary or retirement salary'' for ''in which his or her
annual salary'' in cl. (i) of introductory provisions, added subpar.
(D), and redesignated former subpar. (D) as (E).
Subsec. (v). Pub. L. 102-572, 201(h), added subsec. (v).
Subsec. (w). Pub. L. 102-572, 201(i), added subsec. (w).
1990 -- Subsec. (a)(1). Pub. L. 101-650, 306(b)(1), added subpar.
(G) and cl. (vi) before semicolon at end.
Subsec. (a)(2)(G). Pub. L. 101-650, 306(b)(2), added subpar. (G).
Subsec. (a)(5)(C). Pub. L. 101-650, 322(g)(2), substituted
''paragraph'' for ''subparagraph''.
Subsec. (a)(7). Pub. L. 101-650, 322(b), added par. (7).
Subsec. (b). Pub. L. 101-650, 306(b)(3), substituted ''section 178
or 377'' for ''section 377'' in two places.
Subsec. (h)(1). Pub. L. 101-650, 322(a)(1)-(4), inserted ''(A)''
before ''after having completed'', inserted '', or (B) if the death of
such judicial official was by assassination, before having satisfied the
requirements of clause (A) if, for the period of such service, the
deductions provided by subsection (b) or, in lieu thereof, the deposits
required by subsection (d) have actually been made'' after ''have
actually been made'', redesignated former subpars. (A) to (C) as cls.
(i) to (iii), respectively, in cl. (ii) redesignated former cls. (i)
and (ii) as subcls. (I) and (II), respectively, in cl. (iii)
redesignated former cls. (i) to (iii) as subcls. (I) to (III),
respectively, and in subcl. (I) substituted ''clause (i) of this
paragraph'' for ''subparagraph (1)(A) of this subsection''.
Subsec. (h)(2). Pub. L. 101-650, 322(g)(1)(A), substituted ''clause
(i) or (ii) of paragraph (1)'' for ''subparagraphs (1)(A) or (1)(B)''.
Subsec. (h)(3). Pub. L. 101-650, 322(g)(1)(B), substituted
''paragraph'' for ''subparagraph'' wherever appearing.
Subsec. (h)(4). Pub. L. 101-650, 322(g)(1)(C), substituted
''paragraph (1)(ii)'' for ''subparagraph (1)(B)'' in two places and
''paragraph (1)(iii)'' for ''subparagraph (1)(C)''.
Subsec. (h)(6). Pub. L. 101-650, 322(a)(5), added par. (6).
Subsec. (i). Pub. L. 101-650, 322(c), designated existing provisions
as par. (1) and added par. (2).
Subsec. (l)(1)(ii). Pub. L. 101-650, 322(d), struck out ''but more
than eighteen months,'' after ''less than three years,''.
Subsec. (o). Pub. L. 101-650, 322(e), inserted ''(1)'' after
''(o)'', redesignated former pars. (1) to (3) as subpars. (A) to (C),
respectively, inserted ''subject to paragraph (2) of this subsection,''
before ''before having completed'' in subpar. (A), and added par. (2).
Subsec. (u). Pub. L. 101-650, 322(f), added subsec. (u).
1988 -- Subsec. (a)(1). Pub. L. 100-659, 3(a)(1), added subpar.
(F) and substituted '', (iv) October 1, 1986, or (v) the date of the
enactment of the Retirement and Survivors' Annuities for Bankruptcy
Judges and Magistrates Act of 1988, in the case of a full-time
bankruptcy judge or United States magistrate in active service on that
date;'' for ''; or (iv) October 1, 1986;'' in concluding provisions.
Subsec. (a)(2)(F). Pub. L. 100-659, 3(a)(2), added subpar. (F).
Subsec. (b). Pub. L. 100-659, 3(a)(3), inserted ''(and any
deductions made under section 377 of this title or under subchapter III
of chapter 83, or chapter 84, of title 5)'' after ''deductions'' and
''(and under section 377 of this title or under subchapter III of
chapter 83, or chapter 84, of title 5)'' before period at end of last
sentence.
Subsec. (m). Pub. L. 100-702 amended subsec. (m) generally. Prior
to amendment, subsec. (m) read as follows: ''Whenever the salary paid
for service in one of the offices designated in paragraph (1) of
subsection (a) of this section is increased, each annuity payable from
the 'Judicial Survivors' Annuities Fund', which is based, in whole or in
part, upon a deceased judicial official having rendered some portion of
his or her final eighteen months of service in that same office, shall
also be increased. The actual amount of the increase in such an annuity
shall be determined by multiplying the amount of the annuity, on the
date on which the increase in salary becomes effective, by 3 percent for
each 5 percent by which such salary has been increased. In the event
that such salary is increased by less than 5 percent, there shall be no
increase in such annuity.''
1986 -- Subsec. (a)(1). Pub. L. 99-336, 2(a)(1), substituted ''she
marries, (iii) January 1, 1977; or (iv) October 1, 1986'' for ''she
marries, or (iii) the date upon which the Judicial Survivors' Annuities
Reform Act becomes effective'' in concluding provision.
Subsec. (a)(1)(B). Pub. L. 99-396, 21(b)(1), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''a judge
of 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;''.
Subsec. (a)(2)(B). Pub. L. 99-396, 21(b)(2), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''in the
case of a judge of 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, salary paid after retirement from office (i) by
resignation on salary under section 373 of this title or (ii) by removal
or failure of reappointment after not less than ten years' judicial
service;''.
Subsec. (a)(6). Pub. L. 99-336, 2(d)(1), added par. (6).
Subsec. (b). Pub. L. 99-336, 2(a)(2), substituted ''5 percent'' for
''4.5 percent''.
Subsec. (c). Pub. L. 99-336, 2(a)(3), in amending subsec. (c)
generally, designated existing provisions as par. (1), substituted
provisions which related to amounts deposited to credit of Judicial
Survivors' Annuities Fund to reduce unfunded liability of Fund to zero,
for provisions which related to deposit of amounts matching those
deducted and withheld in accordance with subsec. (b), and added pars.
(2) and (3).
Subsec. (d). Pub. L. 99-336, 2(a)(2), substituted ''5 percent'' for
''4.5 percent'' in pars. (1) and (2).
Subsec. (h)(1)(B). Pub. L. 99-336, 2(a)(4)(A), substituted ''10
percent of the average annual salary determined under subsection (l)(1)
of this section'' for ''$1,548'' in cl. (i) and ''20 percent of such
average annual salary'' for ''$4,644'' in cl. (ii).
Subsec. (h)(1)(C). Pub. L. 99-336, 2(a)(4)(B), substituted ''20
percent of the average annual salary determined under subsection (l)(1)
of this section'' for ''$1,860'' in cl. (ii) and ''40 percent of such
average annual salary amount'' for ''$5,580'' in cl. (iii).
Subsec. (h)(2). Pub. L. 99-336, 2(a)(4)(C), inserted ''before
attaining age 55'' after ''or remarriage''.
Subsec. (k)(1). Pub. L. 99-336, 2(e), struck out ''under subsection
(b) of'' before ''section 371''.
Subsec. (l). Pub. L. 99-336, 2(a)(5)(C), (d)(3)(A), substituted
provisions which set annuity limit not to exceed 50 percent of, nor be
less than 25 percent of, average annual salary, for provisions which set
annuity limit not to exceed 40 percent of average annual salary, and
inserted provision that annuity determined in accordance with provisions
of subsec. (l) be reduced by the amount of any annuity payable to a
former spouse under subsection (t).
Subsec. (l)(1). Pub. L. 99-336, 2(a)(5)(A), substituted ''1.5
percent'' for ''1 1/4 percent''.
Subsec. (l)(2). Pub. L. 99-336, 2(a)(5)(B), substituted ''of this
subsection;'' for ''of this subsection:''.
Subsec. (n). Pub. L. 99-336, 2(d)(3)(B), inserted ''except as
provided in subsections (s) and (t),'' after ''in equity,'' in last
sentence.
Subsec. (o)(2), (3). Pub. L. 99-336, 2(d)(3)(C), inserted ''or
(t)'' after ''subsection (h)''.
Subsecs. (s), (t). Pub. L. 99-336, 2(d)(2), added subsecs. (s) and
(t).
1978 -- Subsec. (a)(2)(A). Pub. L. 95-598 directed the amendment of
subpar. (A) by adding cl. (iii) relating to bankruptcy judges, 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.
1976 -- Pub. L. 94-554 amended section generally so as to reform and
update the existing judicial survivors' annuity program providing
benefits for surviving spouses and children of all Federal Justices and
judges who elect to join the program by placing the program in an
actuarially sound fiscal condition, providing more liberal eligibility
standards and reasonable increases in existing annuity amounts made
necessary by increases in the cost of living since existing annuities
were commenced, and by establishing a method for providing future
periodic increases in annuity amounts by keying them into increases in
judicial salaries.
1972 -- Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o). Pub.
L. 92-397 substituted ''of justices and judges of the United States''
for ''of judges'' in section catchline and substituted ''justice or
judge'' for ''judge'' and ''justice's or judge's'' for ''judge's''
wherever appearing.
1968 -- Subsec. (a). Pub. L. 90-466 struck out ''(or within six
months after the enactment of this section)'' after ''takes office'' and
authorized Federal judges to elect within six months of marriage to
participate in the judicial survivors annuity system.
1967 -- Subsecs. (r), (s). Pub. L. 90-219 added subsecs. (r) and
(s).
1958 -- Subsec. (q). Pub. L. 85-508 struck out provisions which
related to the judge of the District Court for the Territory of Alaska.
See section 81A of this title which establishes a United States District
Court for the State of Alaska.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Section 202 of title II of Pub. L. 102-572 provided that: ''This
title (amending this section and enacting provisions set out below) and
the amendments made by this title shall take effect on the date of the
enactment of this Act (Oct. 29, 1992).''
Amendment by section 902(b) of Pub. L. 102-572 effective Oct. 29,
1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Amendment by section 306(b) of Pub. L. 101-650 applicable to judges
of, and senior judges in active service with, the United States Court of
Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L.
101-650, as amended, set out as a note under section 8331 of Title 5,
Government Organization and Employees.
Section 322(g) of Pub. L. 101-650 provided that:
''(1) Effective date. -- Subject to paragraph (2), the amendments
made by this Act (probably should be ''section'', which amended this
section) shall apply to all judicial officials assassinated on or after
May 28, 1979.
''(2) Rules for retroactive application. -- (A) In the case of a
judicial official who was assassinated on or after May 28, 1979, and
before the date of the enactment of this Act (Dec. 1, 1990), if the
salary deductions provided by subsection (b) of section 376 of title 28,
United States Code, or the deposits required by subsection (d) of such
section, have been withdrawn pursuant to subsection (o) of such section,
there shall be deducted from the annuities otherwise payable to the
survivor or survivors of such judicial official, and the payment
authorized by subparagraph (C) of this paragraph, an amount equal to the
amount so withdrawn, with interest on the amount withdrawn at 3 percent
per annum compounded on December 31 of each year.
''(B) In the case of the survivor or survivors of a judicial official
to whom this paragraph applies who had less than 18 months of service
before being assassinated, there shall be deducted from the annuities
otherwise payable to the survivor or survivors of such judicial
official, and the payment authorized by subparagraph (C) of this
paragraph, an amount equal to the amount of salary deductions that would
have been made if such deductions (had) been made for 18 months before
the judicial official's death, plus interest as described in
subparagraph (A).
''(C) Subject to subparagraphs (A) and (B), the survivor or survivors
of a judicial official to whom this paragraph applies shall be entitled
to the payment of annuities they would have received under section 376
of title 28, United States Code, for the period beginning on the date
such judicial official was assassinated and ending the date of the
enactment of this Act. The Secretary of the Treasury shall pay into the
Judicial Survivors' Annuities fund, out of any money in the Treasury not
otherwise appropriated, the amount of the annuities to which the
survivor or survivors are entitled under this subparagraph.
''(3) Definition. -- For purposes of this subsection, the term --
''(A) 'assassinated' has the meaning given that term in section
376(a)(7) of title 28, United States Code, as added by this section;
and
''(B) 'judicial official' has the meaning given that term in section
376(a)(1)(A) and (B) of title 28, United States Code.''
Section 1017(c) of title X of Pub. L. 100-702 provided that: ''The
amendment made by subsection (a) (amending this section) shall apply
with respect to increases in annuities which are made under section
8340(b) of title 5, United States Code, on or after the date of
enactment of this title (Nov. 19, 1988).''
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and
applicable to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after Nov. 15, 1988, with exception
for judges and magistrates retiring on or after July 31, 1987, see
section 9 of Pub. L. 100-659, set out as an Effective Date note under
section 377 of this title.
Amendment by Pub. L. 99-396 not to affect the amount payable to a
judge who retired in accordance with the provisions of section 373 of
this title in effect on the day before Aug. 27, 1986, see section 21(c)
of Pub. L. 99-396, set out as a note under section 373 of this title.
Section 2(f) of Pub. L. 99-336 provided that: ''This section
(amending this section and enacting provisions set out below) shall take
effect on October 1, 1986.''
Section 8 of Pub. L. 94-554 provided: ''That this Act (amending
this section and enacting provisions set out below) shall become
effective on the first day of the third month following the month in
which it is enacted (Jan. 1, 1977), or on October 1, 1976, whichever
occurs last.''
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
The provisions of section 611(a) of this title, the first paragraph
of section 611(b) of this title, and subsec. (s) of this section, as
added by Pub. L. 90-219, applicable to a Director or former Director of
the Administrative Office of the United States Courts who was first
appointed prior to Dec. 20, 1967 if at the time such Director or former
Director left or leaves such office he had, or shall have, attained the
age of sixty-five years and completed fifteen years of service as
Director of the Administrative Office of the United States Courts and
if, on or before the expiration of six months following Dec. 20, 1967,
he makes the election referred to in section 611(a) of this title or
subsec. (s) of this section, or both, as the case may be, see section
205(b) of Pub. L. 90-219, set out as a Retroactive Effect note under
section 611 of this title.
Section 6 of Pub. L. 94-554 provided: ''That the benefits conferred
by this Act shall, on the date upon which this Act becomes effective
(Jan. 1, 1977), immediately become available to any individual then
receiving an annuity under section 2 of the Act of August 3, 1956 (70
Stat. 1021) (enacting this section), as amended: Provided, That
although the rights of any judicial official electing to come within the
purview of section 376 of title 28, United States Code, on or after the
date upon which this Act becomes effective, shall be determined
exclusively under the provisions of that section as amended by this Act,
nothing in this Act shall be interpreted to cancel, abrogate, or
diminish any rights to which an individual or his or her survivors may
be entitled by virtue of that individuals having contributed to the
judicial survivors annuity fund established by section 2 of the Act of
August 3, 1956 (70 Stat. 1021) as amended, before the date upon which
this Act becomes effective.''
Section 201(j) of title II of Pub. L. 102-572 provided that:
''Notwithstanding any other provision of law, the contribution under
section 376(b)(1) or (2) of title 28, United States Code (as amended by
this section), of any judicial official who is within the purview of
such section 376 on the effective date of this title (Oct. 29, 1992)
shall be reduced by 0.5 percent for a period of time equal to the number
of years of service for which the judicial official has made
contributions or deposits before the enactment of this Act (Oct. 29,
1992) to the credit of the Judicial Survivors' Annuities Fund or for 18
months, whichever is less, if such contributions or deposits were never
returned to the judicial official. For purposes of this subsection, the
term 'years' shall mean full years and twelfth parts thereof.''
Section 201(k) of Pub. L. 102-572 provided that: ''Any judicial
official as defined in section 376(a)(1) of title 28, United States
Code, who makes an election under section 376(b) of title 28, United
States Code, may make a redeposit, as required by section 7 of Public
Law 94-554 (set out below) and section 2(c)(2) of Public Law 99-336 (set
out below), to the credit of the Judicial Survivors' Annuities Fund in
installments, in such amounts and under such conditions as may be
determined in each instance by the Director of the Administrative Office
of the United States Courts. If a judicial official elects to make a
redeposit in installments --
''(1) the Director shall require that the first installment payment
made shall be in an amount no smaller than the last 18 months of salary
deductions or deposits previously returned to that judicial official in
a lump-sum payment; and
''(2) the election under section 376(b) of title 28, United States
Code, shall be effective upon payment of the first such installment.''
Section 201(l) of Pub. L. 102-572 provided that: ''The Comptroller
General shall --
''(1) conduct an audit of the judicial survivors(') annuities program
under section 376 of title 28, United States Code, for the 3-year period
beginning on the date of the enactment of this Act (Oct. 29, 1992);
and
''(2) report to the Congress, not later than 60 days after the end of
that 3-year period, on the results of such audit, comparing such program
to other survivors(') annuities programs within the Federal
Government.''
Section 1017(b) of title X of Pub. L. 100-702 provided that: ''Each
annuity payable from the Judicial Survivors' Annuities Fund under
section 376 of title 28, United States Code, on the date of the
enactment of this title (Nov. 19, 1988) shall be increased by 10
percent, effective on such date of enactment.''
Section 3(b) of Pub. L. 100-659 provided that: ''In the case of a
bankruptcy judge or magistrate (now United States magistrate judge) who
elects an annuity under section 2(c) (28 U.S.C. 377 note), only service
for which an annuity under subsection (b) or (c) and subsection (g) of
section 377 of title 28, United States Code, as added by section 2 of
this Act, is calculated under section 2(c) may be used in the
computation of an annuity under section 376 of title 28, United States
Code, as amended by subsection (a) of this section.''
Section 2(b) of Pub. L. 99-336 provided that: ''The benefits
conferred by section 376 of title 28, United States Code, by reason of
the amendments made by this section shall apply only to individuals who
become eligible for annuities under such section on or after the
effective date of this section (Oct. 1, 1986), except that --
''(1) such annuities shall be computed in accordance with the
provisions of section 376 of title 28, United States Code, as amended by
this section, notwithstanding contributions or deposits made in
accordance with applicable law at lower rates; and
''(2) no additional liability shall be created with respect to
deposits made in accordance with applicable law before the effective
date of this section, or after such effective date pursuant to an
agreement entered into before such effective date.''
Revocation
Section 2(c) of Pub. L. 99-336 provided that:
''(1) Within 180 days after the effective date of this section (Oct.
1, 1986), any judicial official who, before such effective date, made an
election under section 376 of title 28, United States Code, to come
within the purview of that section, shall be entitled to revoke that
election. Such revocation shall constitute a complete withdrawal from
the judicial survivors' annuities program provided for in such section
376. No such revocation shall be effective unless it is submitted in
writing to the Director of the Administrative Office of the United
States Courts, and until such writing is received by the Director. Upon
receipt by the Director of such writing, any rights to survivorship
benefits for the survivors of such judicial official shall terminate,
and all amounts credited to the individual account of such judicial
official under section 376(e), together with interest at 3 percent per
annum, compounded on December 31 of each year to such date of
revocation, shall be returned to that judicial official in a lump-sum
payment.
''(2) Any judicial official who makes a revocation under paragraph
(1) of this subsection and who thereafter becomes eligible to make an
election under section 376(b) of title 28, United States Code, may make
such election only if such judicial official redeposits, to the credit
of the Judicial Survivors' Annuities Fund, the full amount of the
lump-sum payment made to such judicial official under paragraph (1) of
this subsection, together with interest at 3 percent per annum,
compounded on December 31 of each year from the date of such revocation
until the date upon which that amount is so redeposited.
''(3) Any judicial official who fails to revoke an election in
accordance with paragraph (1) of this subsection shall be deemed to have
irrevocably waived the right to make that revocation.''
Section 2(d)(4) of Pub. L. 99-336 provided that: ''Payments of
retirement salary as defined in section 376(a)(2) of title 28, United
States Code, which would otherwise be made to the judicial official upon
whose service the retirement salary is based, shall be paid (in whole or
in part) to another person if and to the extent expressly provided for
in the terms of any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved property
settlement agreement incident to any court decree of divorce, annulment,
or legal separation. Any payment under this paragraph to a person bars
recovery by any other person. This paragraph shall apply only to
payments made after the date of receipt by the Director of the
Administrative Office of (the) United States Courts of written notice of
such decree, order, or agreement, and such additional information and
documentation as the Director may prescribe. As used in this paragraph,
'court' means any court of any State or the District of Columbia.''
Pub. L. 96-504, 3, Dec. 5, 1980, 94 Stat. 2741, provided that:
''(a) As of the first pay period beginning after the effective date
of this Act (Dec. 5, 1980), a surviving spouse, other than a surviving
spouse who has remarried, of any Justice of the United States (as
defined by section 451 of title 28, United States Code), who died before
October 19, 1976, shall be paid an annuity in accordance with the
provisions of section 376 of title 28, United States Code, at a rate of
$20,000 per year as if such Justice had elected to come within the
provisions of, and having made the full deposit required by, section
376(d) of title 28, United States Code.
''(b) Notwithstanding the provisions of section 376(h) of title 28,
United States Code, such annuity shall be payable as provided in section
376(m) of title 28, United States Code, until the date of the death of
any such spouse.''
Appropriations
Pub. L. 96-504, 4, Dec. 5, 1980, 94 Stat. 2742, required the
Secretary of the Treasury in consultation with the Director of the
Administrative Office of the United States Courts to determine as of
Dec. 5, 1980, and deposit as soon as possible thereafter, the amount
necessary to offset any actuarial deficiency in the Judicial Survivors
Annuities Fund.
Section 3 of Pub. L. 94-554 provided: ''That on the date upon which
this Act becomes effective (Jan. 1, 1977) there shall be established on
the books of the Treasury a fund which shall be known as 'The Judicial
Survivors' Annuities Fund, and all money credited to the judicial
survivors annuity fund established by section 2 of the Act of August 3,
1956 (70 Stat. 1021) (enacting this section), as amended, shall be
transferred to the credit of the Judicial Survivors' Annuities Fund
established by this section.''
Section 4 of Pub. L. 94-554 provided: ''That on the date upon which
this Act becomes effective (Jan. 1, 1977) the Secretary of the Treasury
shall ascertain from the Director of the Administrative Office of the
United States Courts the amount of the actuarial deficiency in the fund
transferred by section 3 of this Act (see Judicial Survivors' Annuities
Fund note above) on the date of that fund's transfer and, at the
earliest time thereafter at which appropriated funds in that amount
shall become available, the Secretary shall deposit such funds, in a
single payment, into the Judicial Survivors' Annuities Fund established
by section 3 of this Act. Such funds as are necessary to carry out this
section are hereby authorized to be appropriated.''
Section 5 of Pub. L. 94-554 provided: ''That on the date upon which
this Act becomes effective (Jan. 1, 1977) each annuity then being paid
to a widow from the judicial survivors annuity fund established by
section 2 of the Act of August 3, 1956 (70 Stat. 1021) (enacting this
section), as amended, shall be increased by an amount equal to one-fifth
of 1 percent of the amount of such annuity multiplied by the number of
months which have passed since the commencement of that annuity. For
the purposes of this section, any fractional part of a month which
numbers less than fifteen full days shall be excluded from the
Computation of the number of months and any fractional part of a month
which numbers fifteen full days or more shall be included in the
computation as one full month. Such funds as are necessary to carry out
this section are authorized to be appropriated and, upon appropriation,
shall be deposited by the Secretary of the Treasury, in a single
payment, to credit of the Judicial Survivors' Annuities Fund established
by section 3 of this Act (see Judicial Survivors' Annuities Fund note
above).''
Section 7 of Pub. L. 94-554 provided: ''That, at any time within
one hundred and eighty days after the date upon which this Act becomes
effective (Jan. 1, 1977), any judicial official who has, prior to that
date, already participated in the judicial survivors annuity program
created by the Act of August 3, 1956 (70 Stat. 1021) (enacting this
section) as amended, shall be entitled to revoke his or her earlier
election to participate in that program and thereby completely withdraw
from participation in the judicial survivors' annuities program created
by this Act: Provided, That (a) any such revocation may be effected
only by means of a writing filed with the Director of the Administrative
Office of the United States Courts, (b) any such writing shall be deemed
to have become effective no sooner than the date upon which that writing
is received by the Director, (c) upon receipt of such a writing by the
Director, any and all rights to survivorship benefits for such judicial
official's survivors shall terminate, and all amounts credited to such
judicial official's individual account, together with interest at 3
percent per annum, compounded on December 31 of each year to that date
of revocation, shall thereafter be returned to that judicial official in
a lump-sum refund payment, and (d) any judicial official who effects
such a revocation and who subsequently again becomes eligible and elects
to join the judicial survivors annuities program created by this Act
under the provisions of section 376 of title 28, United States Code as
amended by this Act, shall be permitted to do so only upon the redeposit
of the full amount of the refund obtained under this section plus
interest at 3 percent per annum, compounded on December 31 of each year
from the date of the revocation until the date upon which that amount is
redeposited. Any judicial official who fails to effect a revocation in
accordance with the right conferred by this section within one hundred
and eighty days after the date upon which this Act becomes effective
shall be deemed to have irrevocably waived the right to that
revocation.''
Section 1(b) of Pub. L. 90-466 provided that: ''For the purpose of
the amendment made by subsection (a) (amending subsec. (a) of this
section), a judge who is in office on the date of enactment of this Act
(Aug. 8, 1968) shall be deemed to have taken office on that date.''
Section 12(n) of Pub. L. 85-508 provided in part that the amendment
of subsec. (q) of this section by Pub. L. 85-508 shall not affect the
rights under this section of any present or former judge of the District
Court for the Territory of Alaska or his survivors.
Section 5 of act Aug. 3, 1956, provided that: ''Funds necessary to
carry out the provisions of this Act (enacting this section and
provisions set out as notes below, and amending sections 375, 604, and
605 of this title) may be appropriated out of any money in the Treasury
not otherwise appropriated.''
Section 6 of act Aug. 3, 1956, provided that: ''A judge who
resigned prior to the date of enactment of this Act (Aug. 3, 1956) and
who on that date is receiving salary under section 371(a) of title 28,
United States Code, or who resigned, was removed or failed of
reappointment prior to the date of enactment of this Act and who on that
date is receiving salary under section 373 of title 28, United States
Code, shall be considered a judge within the meaning of section 376 of
title 28, United States Code, as added by section 2 of this Act, and as
such shall be entitled within six months after the date of enactment of
this Act to make the election authorized by and to receive the benefits
of that section. A judge who retired from regular active service under
section 260 of the Judicial Code of 1911 or the Act of August 5, 1939,
chapter 433, and who is living on the date of enactment of this Act
shall be deemed for the purposes of this Act to have retired from
regular active service under section 371(b) or 372(a), as the case may
be, of title 28, United States Code.''
Section 7 of act Aug. 3, 1956, provided that: ''In the case of a
living widow of a judge of the United States as defined in section 451
of title 28, United States Code, who died prior to the date of enactment
of this Act (Aug. 3, 1956), an annuity shall be paid as provided in
section 376 of title 28, United States Code, as added by section 2 of
this Act, as if such judge had died on such date and had elected to
bring himself within the purview of such section 376, but had not made
the deposit provided for by subsection (c) of the said section:
Provided, (a) That such widow has not remarried; and (b) that the
amount of such annuity and the reduction therein because of such deposit
not having been made shall be computed on the basis of the actual length
of judicial and other allowable service of such judge: And provided
further, That notwithstanding the provisions of subsection (g) of such
section 376 such annuity shall be payable even though such judge had not
rendered five years of civilian service prior to his death. In the case
of a judge of the United States as defined in section 451 of title 28,
United States Code, who dies within 6 months after the date of enactment
of this Act after having rendered at least 5 years of civilian service
computed as prescribed in subsection (o) of section 376 of title 28,
United States Code, as added by section 2 of this Act, but without
having made an election as provided in such section 376 to bring himself
within the purview of that section, an annuity shall be paid to his
widow and surviving dependent children as provided in such section 376
as if such judge had elected on the day of his death to bring himself
within the purview of such section 376 but had not made the deposit
provided for by subsection (c) of the said section. An annuity shall be
payable under this section computed on the basis of the actual length of
judicial and other allowable service of the judge and subject to the
reduction required by subsection (c) of such section 376 even though no
deposit has been made, as required by subsection (g) of such section
376, with respect to any of such service.''
Enforcement of legal obligations to provide child support and make
alimony payments, see section 659 of Title 42, The Public Health and
Welfare.
7297.
/1/ So in original. Comma probably should be a semicolon.
28 USC 377. Retirement of bankruptcy judges and magistrates
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Retirement Based on Years of Service. -- A bankruptcy judge or
magistrate to whom this section applies and who retires from office
after attaining the age of 65 years and serving at least 14 years,
whether continuously or otherwise, as such bankruptcy judge or
magistrate shall, subject to subsection (f), be entitled to receive,
during the remainder of the judge's or magistrate's lifetime, an annuity
equal to the salary being received at the time the judge or magistrate
leaves office.
(b) Retirement Upon Failure of Reappointment. -- A bankruptcy judge
or magistrate to whom this section applies, who is not reappointed
following the expiration of the term of office of such judge or
magistrate, and who retires upon the completion of the term shall,
subject to subsection (f), be entitled to receive, upon attaining the
age of 65 years and during the remainder of such bankruptcy judge's or
magistrate's lifetime, an annuity equal to that portion of the salary
being received at the time the judge or magistrate leaves office which
the aggregate number of years of service, not to exceed 14, bears to 14,
if --
(1) such judge or magistrate has served at least 1 full term as a
bankruptcy judge or magistrate, and
(2) not earlier than 9 months before the date on which the term of
office of such judge or magistrate expires, and not later than 6 months
before such date, such judge or magistrate notified the appointing
authority in writing that such judge or magistrate was willing to accept
reappointment to the position in which such judge or magistrate was
serving.
For purposes of this subsection, in the case of a bankruptcy judge,
the written notice required by paragraph (2) shall be given to the chief
judge of the circuit in which such bankruptcy judge is serving and, in
the case of a magistrate, such notice shall be given to the chief judge
of the district court in which the magistrate is serving.
(c) Service of at Least 8 Years. -- A bankruptcy judge or magistrate
to whom this section applies and who retires after serving at least 8
years, whether continuously or otherwise, as such a bankruptcy judge or
magistrate shall, subject to subsection (f), be entitled to receive,
upon attaining the age of 65 years and during the remainder of the
judge's or magistrate's lifetime, an annuity equal to that portion of
the salary being received at the time the judge or magistrate leaves
office which the aggregate number of years of service, not to exceed 14,
bears to 14. Such annuity shall be reduced by 1/6 of 1 percent for each
full month such bankruptcy judge or magistrate was under the age of 65
at the time the judge or magistrate left office, except that such
reduction shall not exceed 20 percent.
(d) Retirement for Disability. -- A bankruptcy judge or magistrate to
whom this section applies, who has served at least 5 years, whether
continuously or otherwise, as such a bankruptcy judge or magistrate, and
who retires or is removed from office upon the sole ground of mental or
physical disability shall, subject to subsection (f), be entitled to
receive, during the remainder of the judge's or magistrate's lifetime,
an annuity equal to 40 percent of the salary being received at the time
of retirement or removal or, in the case of a judge or magistrate who
has served for at least 10 years, an amount equal to that proportion of
the salary being received at the time of retirement or removal which the
aggregate number of years of service, not to exceed 14, bears to 14.
(e) Cost-of-Living Adjustments. -- A bankruptcy judge or magistrate
who is entitled to an annuity under this section is also entitled to a
cost-of-living adjustment in such annuity, calculated and payable in the
same manner as adjustments under section 8340(b) of title 5, except that
any such annuity, as increased under this subsection, may not exceed the
salary then payable for the position from which the judge or magistrate
retired or was removed.
(f) Election; Annuity in Lieu of Other Annuities. -- A bankruptcy
judge or magistrate shall be entitled to an annuity under this section
if the judge or magistrate elects an annuity under this section by
notifying the Director of the Administrative Office of the United States
Courts. A bankruptcy judge or magistrate who elects to receive an
annuity under this section shall not be entitled to receive /1/
(1) any annuity to which such judge or magistrate would otherwise
have been entitled under subchapter III of chapter 83, or under chapter
84 (except for subchapters III and VII), of title 5, for service
performed as such a judge or magistrate or otherwise;
(2) an annuity or salary in senior status or retirement under section
371 or 372 of this title;
(3) retired pay under section 7447 of the Internal Revenue Code of
1986; or
(4) retired pay under section 7296 of title 38.
(g) Calculation of Service. -- (1) For purposes of calculating an
annuity under this section --
(A) full-time service as a bankruptcy judge or magistrate to whom
this section applies may be credited; and
(B) each month of service shall be credited as one-twelfth of a year,
and the fractional part of any month shall not be credited.
(2)(A) In the case of an individual who is a bankruptcy judge to whom
this section applies and who retires under this section or who is
removed from office under subsection (d) upon the sole ground of mental
or physical disability, any service of that individual as a United
States magistrate to whom this section applies, and any service of that
individual as a full-time judicial officer who performed the duties of a
magistrate and a bankruptcy judge at the same time, shall be included
for purposes of calculating years of service under subsection (a), (b),
(c), or (d), as the case may be.
(B) In the case of an individual who is a magistrate to whom this
section applies and who retires under this section or who is removed
from office under subsection (d) upon the sole ground of mental or
physical disability, any service of that individual as a bankruptcy
judge to whom this section applies, and any service of that individual
as a full-time judicial officer who performed the duties of magistrate
and a bankruptcy judge at the same time, shall be included for purposes
of calculating years of service under subsection (a), (b), (c), or (d),
as the case may be.
(h) Covered Positions and Service. -- This section applies to --
(1) any bankruptcy judge appointed under --
(A) section 152 of this title;
(B) section 34 of the Bankruptcy Act before the repeal of that Act by
section 401 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat.
2682); or
(C) section 404 of the Act of November 6, 1978 (Public Law 95-598;
92 Stat. 2549); and
(2) any United States magistrate appointed under section 631 of this
title,
only with respect to service on or after October 1, 1979, as such a
bankruptcy judge or magistrate.
(i) Payments Pursuant to Court Order. -- (1) Payments under this
section which would otherwise be made to a bankruptcy judge or
magistrate based upon his or her service shall be paid (in whole or in
part) by the Director of the Administrative Office of the United States
Courts to another person if and to the extent expressly provided for in
the terms of any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved property
settlement agreement incident to any court decree of divorce, annulment,
or legal separation. Any payment under this paragraph to a person bars
recovery by any other person.
(2) Paragraph (1) shall apply only to payments made by the Director
of the Administrative Office of the United States Courts after the date
of receipt by the Director of written notice of such decree, order, or
agreement, and such additional information as the Director may
prescribe.
(3) As used in this subsection, the term ''court'' means any court of
any State, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Northern Mariana Islands, or the Virgin Islands, and any
Indian tribal court or courts of Indian offense.
(j) Deductions, Contributions, and Deposits. --
(1) Deductions. -- Beginning with the next pay period after the
Director of the Administrative Office of the United States Courts
receives a notice under subsection (f) that a bankruptcy judge or
magistrate has elected an annuity under this section, the Director shall
deduct and withhold 1 percent of the salary of such bankruptcy judge or
magistrate. Amounts shall be so deducted and withheld in a manner
determined by the Director. Amounts deducted and withheld under this
subsection shall be deposited in the Treasury of the United States to
the credit of the Judicial Officers' Retirement Fund. Deductions under
this subsection from the salary of a bankruptcy judge or magistrate
shall terminate upon the retirement of the bankruptcy judge or
magistrate or upon completing 14 years of service for which
contributions under this section have been made, whether continuously or
otherwise, as calculated under subsection (g), whichever occurs first.
(2) Consent to Deductions; Discharge of Claims. -- Each bankruptcy
judge or magistrate who makes an election under subsection (f) shall be
deemed to consent and agree to the deductions from salary which are made
under paragraph (1). Payment of such salary less such deductions (and
any deductions made under section 376 of this title) is a full and
complete discharge and acquittance of all claims and demands for all
services rendered by such bankruptcy judge or magistrate during the
period covered by such payment, except the right to those benefits to
which the bankruptcy judge or magistrate is entitled under this section
(and section 376).
(k) Deposits for Prior Service. -- Each bankruptcy judge or
magistrate who makes an election under subsection (f) may deposit, for
service performed before such election for which contributions may be
made under this section, an amount equal to 1 percent of the salary
received for that service. Credit for any period covered by that
service may not be allowed for purposes of an annuity under this section
until a deposit under this subsection has been made for that period.
(l) Individual Retirement Records. -- The amounts deducted and
withheld under subsection (j), and the amounts deposited under
subsection (k), shall be credited to individual accounts in the name of
each bankruptcy judge or magistrate from whom such amounts are received,
for credit to the Judicial Officers' Retirement Fund.
(m) Annuities Affected in Certain Cases. --
(1) Practicing law after retirement. --
(A) Forfeiture of annuity. -- Subject to subparagraph (B), any
bankruptcy judge or magistrate who retires under this section and who
thereafter practices law shall forfeit all rights to an annuity under
this section for all periods beginning on or after the first day on
which he or she so practices law.
(B) Forfeiture not to apply where individual elects to freeze amount
of annuity. -- (i) If a bankruptcy judge or magistrate makes an election
to practice law after retirement under this section --
(I) subparagraph (A) shall not apply to such bankruptcy judge or
magistrate beginning on the date such election takes effect, and
(II) the annuity payable under this section to such bankruptcy judge
or magistrate, for periods beginning on or after the date such election
takes effect, shall be equal to the annuity to which such bankruptcy
judge or magistrate is entitled on the day before such effective date.
(ii) An election under clause (i) --
(I) may be made by a bankruptcy judge or magistrate eligible for
retirement under this section, and
(II) shall be filed with the Director of the Administrative Office of
the United States Courts.
Such an election, once it takes effect, shall be irrevocable.
(iii) Any election under this subparagraph shall take effect on the
first day of the first month following the month in which the election
is made.
(2) Recall not permitted. -- Any bankruptcy judge or magistrate who
retires under this section and who thereafter practices law shall not be
eligible for recall under section 155(b), 375, or 636(h) of this title.
(3) Accepting other employment. -- Any bankruptcy judge or magistrate
who retires under this section and thereafter accepts compensation for
civil office or employment under the United States Government (other
than for the performance of functions as a bankruptcy judge or
magistrate under section 155(b), 375, or 636(h) of this title) shall
forfeit all rights to an annuity under this section for the period for
which such compensation is received. For purposes of this paragraph,
the term ''compensation'' includes retired pay or salary received in
retired status.
(n) Lump-Sum Payments. --
(1) Eligibility. -- (A) Subject to paragraph (2), an individual who
serves as a bankruptcy judge or magistrate and --
(i) who leaves office and is not reappointed as a bankruptcy judge or
magistrate for at least 31 consecutive days;
(ii) who files an application with the Administrative Office of the
United States Courts for payment of the lump-sum credit;
(iii) is not serving as a bankruptcy judge or magistrate at the time
of filing of the application; and
(iv) will not become eligible to receive an annuity under this
section within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Payment of the lump-sum
credit voids all rights to an annuity under this section based on the
service on which the lump-sum credit is based, until that individual
resumes office as a bankruptcy judge or magistrate.
(B) Lump-sum benefits authorized by subparagraphs (C), (D), and (E)
of this paragraph shall be paid to the person or persons surviving the
bankruptcy judge or magistrate and alive on the date title to the
payment arises, in the order of precedence set forth in subsection (o)
of section 376 of this title, and in accordance with the last two
sentences of that subsection. For purposes of the preceding sentence,
the term ''judicial official'' as used in subsection (o) of section 376
shall be deemed to mean ''bankruptcy judge or magistrate''.
(C) If a bankruptcy judge or magistrate dies before receiving an
annuity under this section, the lump-sum credit shall be paid.
(D) If all annuity rights under this section based on the service of
a deceased bankruptcy judge or magistrate terminate before the total
annuity paid equals the lump-sum credit, the difference shall be paid.
(E) If a bankruptcy judge or magistrate who is receiving an annuity
under this section dies, annuity accrued and unpaid shall be paid.
(F) Annuity accrued and unpaid on the termination, except by death,
of the annuity of a bankruptcy judge or magistrate shall be paid to that
individual.
(G) Subject to paragraph (2), a bankruptcy judge or magistrate who
forfeits rights to an annuity under subsection (m)(3) before the total
annuity paid equals the lump-sum credit, shall be entitled to be paid
the difference if the bankruptcy judge or magistrate files an
application with the Administrative Office of the United States Courts
for payment of that difference. A payment under this subparagraph voids
all rights to an annuity on which the payment is based.
(2) Spouses and former spouses. -- (A) Payment of the lump-sum credit
under paragraph (1)(A) or a payment under paragraph (1)(G) --
(i) may be made only if any current spouse and any former spouse of
the bankruptcy judge or magistrate are notified of the bankruptcy
judge's or magistrate's application; and
(ii) shall be subject to the terms of a court decree of divorce,
annulment, or legal separation or any court or court approved property
settlement agreement incident to such decree, if --
(I) the decree, order, or agreement expressly relates to any portion
of the lump-sum credit or other payment involved; and
(II) payment of the lump-sum credit or other payment would extinguish
entitlement of the bankruptcy judge's or magistrate's spouse or former
spouse to any portion of an annuity under subsection (i).
(B) Notification of a spouse or former spouse under this paragraph
shall be made in accordance with such requirements as the Director of
the Administrative Office of the United States Courts shall by
regulation prescribe. The Director may provide under such regulations
that subparagraph (A)(i) may be waived with respect to a spouse or
former spouse if the bankruptcy judge or magistrate establishes to the
satisfaction of the Director that the whereabouts of such spouse or
former spouse cannot be determined.
(C) The Director shall prescribe regulations under which this
paragraph shall be applied in any case in which the Director receives
two or more orders or decrees described in subparagraph (A).
(3) Definition. -- For purposes of this subsection, the term
''lump-sum credit'' means the unrefunded amount consisting of --
(A) retirement deductions made under this section from the salary of
a bankruptcy judge or magistrate;
(B) amounts deposited under subsection (k) by a bankruptcy judge or
magistrate covering earlier service; and
(C) interest on the deductions and deposits which, for any calendar
year, shall be equal to the overall average yield to the Judicial
Officers' Retirement Fund during the preceding fiscal year from all
obligations purchased by the Secretary of the Treasury during such
fiscal year under subsection (o);
but does not include interest --
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for the fractional part of a month in the total service.
(o) Judicial Officers' Retirement Fund. --
(1) Establishment. -- There is established in the Treasury a fund
which shall be known as the ''Judicial Officers' Retirement Fund''. The
Fund is appropriated for the payment of annuities, refunds, and other
payments under this section.
(2) Investment of fund. -- The Secretary of the Treasury shall
invest, in interest bearing securities of the United States, such
currently available portions of the Judicial Officers' Retirement Fund
as are not immediately required for payments from the Fund. The income
derived from these investments constitutes a part of the Fund.
(3) Unfunded liability. -- (A) There are authorized to be
appropriated to the Judicial Officers' Retirement Fund amounts required
to reduce to zero the unfunded liability of the Fund.
(B) For purposes of subparagraph (A), the term ''unfunded liability''
means the estimated excess, determined on an annual basis in accordance
with the provisions of section 9503 of title 31, of the present value of
all benefits payable from the Judicial Officers' Retirement Fund over
the sum of --
(i) the present value of deductions to be withheld under this section
from the future basic pay of bankruptcy judges and magistrates; plus
(ii) the balance in the Fund as of the date the unfunded liability is
determined.
In making any determination under this subparagraph, the Comptroller
General shall use the applicable information contained in the reports
filed pursuant to section 9503 of title 31, with respect to the
retirement annuities provided for in this section.
(C) There are authorized to be appropriated such sums as may be
necessary to carry out this paragraph.
(Added Pub. L. 100-659, 2(a), Nov. 15, 1988, 102 Stat. 3910;
amended Pub. L. 101-650, title III, 325(b)(3), Dec. 1, 1990, 104 Stat.
5121; Pub. L. 102-40, title IV, 402(d)(2), May 7, 1991, 105 Stat.
239.)
Section 7447 of the Internal Revenue Code, referred to in subsec.
(f)(3), is classified to section 7447 of Title 26, Internal Revenue
Code.
Section 34 of the Bankruptcy Act, referred to in subsec. (h)(1)(B),
was classified to section 62 of former Title 11, Bankruptcy. The
Bankruptcy Act was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which
enacted revised Title 11.
Section 404 of the Act of November 6, 1978 (Public Law 95-598; 92
Stat. 2549), referred to in subsec. (h)(1)(C), was set out as a note
preceding section 151 of this title prior to repeal by Pub. L. 98-353,
title I, 114, July 10, 1984, 98 Stat. 343.
1991 -- Subsec. (f)(4). Pub. L. 102-40 substituted ''section 7296 of
title 38'' for ''section 4096 of title 38''.
1990 -- Subsec. (f). Pub. L. 101-650, 325(b)(3)(A), substituted
pars. (1) to (4) for ''any annuity to which such judge or magistrate
would otherwise have been entitled under subchapter III of chapter 83,
or under chapter 84 (except for subchapters III and VII), of title 5.''
Subsec. (h). Pub. L. 101-650, 325(b)(3)(B), substituted ''on or
after'' for ''in or after'' in concluding provisions.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Section 9 of Pub. L. 100-659 provided that:
''(a) In General. -- Subject to subsection (b), this Act (enacting
this section and section 8440a (now 8440b) of Title 5, Government
Organization and Employees, amending sections 155, 375, 376, 604, 631,
and 636 of this title and sections 8334 and 8402 of Title 5, and
enacting provisions set out as notes under this section and sections 1
and 376 of this title) and the amendments made by this Act shall take
effect on the date of the enactment of this Act (Nov. 15, 1988) and
shall apply to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after the date of the enactment of
this Act.
''(b) Exception for Judges and Magistrates Retiring on or after July
31, 1987. -- A bankruptcy judge or magistrate who left office on or
after July 31, 1987, and before the date of the enactment of this Act
(Nov. 15, 1988) may elect to receive an annuity, or to participate in
the Judicial Survivors' Annuity System, under the amendments made by
this Act if such bankruptcy judge or magistrate, within 60 days after so
leaving office, accepted office or employment with the United States
Government or a State government or was eligible at the time he or she
left office for an immediate annuity under title 5, United States Code.
Any election under this subsection shall not be valid unless it is made
within 6 months after the date of the enactment of this Act and under
the same conditions as other persons who may make elections under the
amendments made by this Act, except that any such person who makes an
election under this subsection shall not receive a lump-sum credit under
section 8342 or 8424 of title 5, United States Code, for prior service
and shall not be required to make contributions for prior years of
creditable service.''
Section 2(c) of Pub. L. 100-659 provided that:
''(1) Retirement annuity under title 5 and section 377 of title 28.
-- A bankruptcy judge or United States magistrate (now United States
magistrate judge) in active service on the effective date of this Act
(see Effective Date note above) shall, subject to paragraph (2), be
entitled, in lieu of the annuity otherwise provided under the amendments
made by this section (enacting this section) to --
''(A) an annuity under subchapter III of chapter 83, or under chapter
84, of title 5, United States Code, as the case may be, for creditable
service before the date on which service would begin to be credited for
purposes of subparagraph (B), and
''(B) an annuity calculated under subsection (b) or (c) and
subsection (g) of section 377 of title 28, United States Code, as added
by this section, for any service as a full-time bankruptcy judge or
magistrate on or after October 1, 1979 (as specified in the election
pursuant to paragraph (2)) for which deductions and deposits are made
under subsections (j) and (k) of such section 377, as applicable,
without regard to the minimum number of years of service as such a
bankruptcy judge or magistrate, except that --
''(i) in the case of a judge or magistrate who retires with less than
8 years of service, the annuity under subsection (c) of section 377 of
title 28, United States Code, shall be equal to that proportion of the
salary being received at the time the judge or magistrate leaves office
which the years of service bears to 14, subject to a reduction in
accordance with subsection (c) of such section 377 if the bankruptcy
judge or magistrate is under age 65 at the time he or she leaves office,
and
''(ii) the aggregate amount of the annuity initially payable on
retirement under this subsection may not exceed the rate of pay for the
bankruptcy judge or magistrate which is in effect on the day before the
retirement becomes effective.
''(2) Filing of notice of election. -- A bankruptcy judge or
magistrate shall be entitled to an annuity under this subsection only if
the judge or magistrate files a notice of that election with the
Director of the Administrative Office of the United States Courts
specifying the date on which service would begin to be credited under
section 377 of title 28, United States Code, in lieu of chapter 83 or
chapter 84 of title 5, United States Code.
''(3) Lump-sum credit under title 5. -- A bankruptcy judge or
magistrate who makes an election under paragraph (2) shall be entitled
to a lump-sum credit under section 8342 or 8424 of title 5, United
States Code, as the case may be, for any service which is covered under
section 377 of title 28, United States Code, as added by this section,
pursuant to that election, and with respect to which any contributions
were made by the judge or magistrate under the applicable provisions of
title 5, United States Code.
''(4) Recall. -- With respect to any bankruptcy judge or magistrate
receiving an annuity under this subsection who is recalled to serve
under section 375 of title 28, United States Code --
''(A) the amount of compensation which such recalled judge or
magistrate receives under subsection (c) of such section shall be
calculated on the basis of the annuity received under this subsection;
and
''(B) such recalled judge or magistrate may serve as a reemployed
annuitant to the extent permitted by subsection (e) of section 375 of
such title.
Section 377(m)(3) of title 28, United States Code, as added by
subsection (a) of this section, shall not apply with respect to service
as a reemployed annuitant described in subparagraph (B).''
Section 8 of Pub. L. 100-659 provided that: ''The Director of the
Administrative Office of the United States Courts shall, not later than
5 years after the date of the enactment of this Act (Nov. 15, 1988),
submit a report to the Congress on the financial operation of the
retirement annuity program established under this Act and the amendments
made by this Act (see Effective Date note above). The report shall, in
particular, include a discussion of the deductions from salary and
deposits made for contributions to the annuity program and the need for
continuing the deductions at the level established under the amendments
made by this Act.''
8440b.
/1/ So in original. Probably should be ''receive -- ''.
28 USC CHAPTER 19 -- DISTRIBUTION OF REPORTS AND DIGESTS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
411. Supreme Court reports; printing, binding, and distribution.
412. Sale of Supreme Court reports.
413. Publications; distribution to courts.
414. Transmittal of books to successors.
(415. Repealed.)
1982 -- Pub. L. 97-164, title I, 113, Apr. 2, 1982, 96 Stat. 29,
struck out item 415 ''Court of Claims decisions''.
1952 -- Act July 10, 1952, ch. 632, 3, 66 Stat. 540, amended
analysis to conform it to amendments of sections 411 to 413 of this
title.
28 USC 411. Supreme Court reports; printing, binding, and
distribution
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The decisions of the Supreme Court of the United States shall be
printed, bound, and distributed in the preliminary prints and bound
volumes of the United States Reports as soon as practicable after
rendition, to be charged to the proper appropriation for the judiciary.
The number and distribution of the copies shall be under the control of
the Joint Committee on Printing.
(b) Reports printed prior to June 12, 1926, shall not be furnished
the Secretary of the Army, the Secretary of the Navy, or the Secretary
of the Air Force.
(c) The Public Printer, or other printer designated by the Supreme
Court of the United States, upon request, shall furnish to the
Superintendent of Documents the reports required to be distributed under
the provisions of this section.
(June 25, 1948, ch. 646, 62 Stat. 904; May 24, 1949, ch. 139, 68,
63 Stat. 99; Oct. 31, 1951, ch. 655, 41, 65 Stat. 725; July 10, 1952,
ch. 632, 4, 66 Stat. 540.)
Based on title 28, U.S.C., 1940 ed., 334 (Mar. 3, 1911, ch. 231,
227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, 1, 36 Stat. 1419; July 1,
1922, ch. 267, 3, 42 Stat. 816; June 12, 1926, ch. 568, 44 Stat. 736;
Jan. 29, 1929, ch. 113, 45 Stat. 1143; Mar. 2, 1929, ch. 488, 1, 45
Stat. 1475; July 3, 1930, ch. 863, 1, 46 Stat. 1016; Feb. 23, 1931,
ch. 276, 30, 46 Stat. 1214; May 17, 1932, ch. 190, 47 Stat. 158; June
30, 1932, ch. 314, 501, 47 Stat. 415; May 10, 1934, ch. 277, 512, 48
Stat. 758; Ex. Ord. No. 6166, 12, 14, June 10, 1933; June 7, 1934,
ch. 426, 48 Stat. 926; May 27, 1936, ch. 463, 1, 49 Stat. 1380; June
20, 1936, ch. 630, 5, 49 Stat. 1549; June 25, 1936, ch. 804, 49 Stat.
1921).
Requirements for printing, binding, and issuing Supreme Court
decisions ''within eight months after said decisions have been rendered
by the Supreme Court'' and provision for distribution ''within said
period'' were omitted. The phrase ''as soon as practicable after
rendition'' was made the time for publishing such decisions as more
flexible and practicable.
The words ''the United States Court for China'' were omitted inasmuch
as that court is no longer functioning. The Secretary of State by an
arrangement with China has relinquished the extraterritorial
jurisdiction previously exercised by the United States in China. The
1944 Legislative and Judiciary Appropriation Act approved June 28, 1943,
made no appropriation for the United States Court for China.
Appropriations for other courts were made in title II of chapter 173 (57
Stat. 241). The last appropriation for the United States Court for China
was in the act of July 2, 1942 (ch. 472, title IV, 56 Stat. 502).
The words ''to the Secretary of War for the use of the proper courts
and officers of the Philippine Islands, seven copies'' were omitted in
view of the independence of the Philippines, effective July 4, 1946.
The phrase ''justice or judge of the United States'' obviated
repetition of names of courts. (See definitive section 451 of this
title.)
Last sentence, fourth paragraph, of section 334 of title 28, U.S.C.,
1940 ed., requiring that books should remain the property of the United
States and should be preserved and turned over to successors in office,
was omitted as covered by section 414 of this title.
A reference to the United States attorney for the District of
Columbia was omitted as covered by ''each United States attorney.''
Provision authorizing distribution of volumes under this section to
each place where a court of appeals is held was added for purposes of
uniformity. See similar provision in section 413 of this title.
The revised section substitutes the Director of the Administrative
Office of the United States Courts in lieu of the Attorney General
insofar as distribution of volumes to the judiciary is concerned. This
change is consistent with the duties of the former under section 601 et
seq. of this title.
Provision of section 334 of title 28, U.S.C., 1940 ed., as to the
custody, use and delivery to successors was omitted as obsolete on
advice of the Administrative Office of the United States Courts.
The limitation of 10 copies to the library of the Supreme Court and 6
copies to the marshal of the Supreme Court for use of the justices, was
omitted and the provision for distribution in such number ''specified by
the Chief Justice of the United States'' was substituted therefor.
Authority for making an appropriation to carry into effect the
provisions of this section is contained in section 336 of title 28,
U.S.C., 1940 ed., Acts July 1, 1922, ch. 267, 5, 42 Stat. 818; May
29, 1926, ch. 425, 3, 44 Stat. 678 which is omitted, but not
repealed, as unnecessary in this revision.
Changes were made in phraseology and arrangement.
Subsection (a) of this section substitutes, in section 411(a) of
title 28, U.S.C., ''Secretary of the Army'' and ''Department of the
Army'' for ''Secretary of War'' and ''War Department,'' in view of such
redesignation by act of July 26, 1947 (ch. 343, title II, 205(a), 61
Stat. 501). It substitutes, in section 411(a), ''Commissioner of
Customs; Commandant of the Coast Guard'' for ''Chief of the Bureau of
Marine Inspection and Navigation,'' in view of the abolishment of the
Bureau of Marine Inspection and Navigation, and the transfer of its
functions to, and the division thereof between, the Commissioner of
Customs and the Commandant of the Coast Guard, by 1946 Reorganization
Plan No. 3, 101-104, effective July 16, 1946 (11 F.R. 7875, 60 Stat.
1097).
It substitutes, in such section 411(a), ''Director of the Bureau of
Land Management'' for ''Commissioner of the General Land Office,'' in
view of section 403 of such plan which abolished the General Land Office
and created the Bureau of Land Management, headed by a Director. It
inserts as new, in such section 411(a), references to the Secretary of
Defense, Secretary of the Air Force, and Judge Advocate General of the
Air Force, in view of the creation of the National Military
Establishment, headed by the Secretary of Defense, and the establishment
of the Department of the Air Force in 1947.
Subsection (b) of this section redesignates, in section 411(b) of
title 28, U.S.C., the Secretary of War as ''Secretary of the Army,'' for
the reasons stated above, and corrects a typographical error in the word
''court-martial''.
1952 -- Act July 10, 1952, amended section generally to provide for
flexibility in the printing and distribution of the reports under
congressional control.
1951 -- Subsec. (c). Act Oct. 31, 1951, in second par., substituted
''Secretary of the Army'' for ''Secretary of War''.
1949 -- Subsec. (a). Act May 24, 1949, 68(a), inserted ''Secretary
of Defense'', ''Secretary of the Air Force'', and ''Judge Advocate
General of the Air Force'' where appearing, and substituted ''Secretary
of the Army'' for ''Secretary of War'', ''Department of the Army'' for
''War Department'', ''Director of the Bureau of Land Management'' for
''Commissioner of the General Land Office'', ''Commissioner of Customs,
Commandant of the Coast Guard'' for ''Chief of the Bureau of Marine
Inspection'', and ''Chief of Forest Service, Department of Agriculture''
for ''Chief Forester, National Park Service, Department of the
Interior''.
Subsec. (b). Act May 24, 1949, 68(b), substituted ''Secretary of the
Army'' for ''Secretary of War'' and ''Court-martial'' for
''courtmartial''.
Printing and binding for Supreme Court, see section 676 of this
title.
28 USC 412. Sale of Supreme Court reports
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Public Printer, or other printer designated by the Supreme Court
of the United States shall print such additional bound volumes and
preliminary prints of such reports as may be required for sale to the
public. Such additional copies shall be sold by the Superintendent of
Documents, as provided by law.
(June 25, 1948, ch. 646, 62 Stat. 906; July 10, 1952, ch. 632, 5,
66 Stat. 541.)
Based on title 28, U.S.C., 1940 ed., 335 (Mar. 3, 1911, ch. 231,
228, 36 Stat. 1155; July 1, 1922, ch. 267, 4, 42 Stat. 818; May 29,
1926, ch. 425, 2, 44 Stat. 677).
Authority for making an appropriation to carry into effect the
provisions of this section is contained in section 336 of title 28,
U.S.C., 1940 ed., acts July 1, 1922, ch. 267, 5, 42 Stat. 818; May
29, 1926, ch. 425, 3, 44 Stat. 678, which is omitted, but not
repealed, as unnecessary in this revision.
Reference to digests was omitted to conform to administrative
practice. (See section 604(a)(9) of this title.)
Changes were made in phraseology.
1952 -- Act July 10, 1952, permitted Superintendent of Documents to
sell reports under same terms as other Government publications.
Prices for bound volumes of its decisions, printed by a private
printer, to be fixed by Supreme Court or Chief Justice, see section 676
of this title.
28 USC 413. Publications; distribution to courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Distribution of publications to Federal courts in accordance with the
provisions of this chapter shall not be made to any place where such
court is held in a building not owned or controlled by the United States
unless such publications are committed to the custody of an officer of
the United States at such building.
The Attorney General and the Director in the procurement of law
books, books of reference or periodicals may exchange or sell similar
items and apply the allowance or proceeds to payment in whole or in part
of the cost of the items procured.
(June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, 69,
63 Stat. 100; July 10, 1952, ch. 632, 6, 66 Stat. 541.)
Based on section 1131 of title 26, U.S.C., 1940 ed., Internal Revenue
Code, title 28, U.S.C., 1940 ed., 337, 530 (Mar. 3, 1911, ch. 231,
229, 36 Stat. 1155; Mar. 2, 1929, ch. 488, 1, 45 Stat. 1475; May 10,
1934, ch. 277, 512, 48 Stat. 758; June 7, 1934, ch. 426, 48 Stat.
926; June 25, 1936, ch. 804, 49 Stat. 1921; Feb. 10, 1939, ch. 2,
1131, 53 Stat. 163; May 14, 1940, ch. 189, title IV, 54 Stat. 210;
July 2, 1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173,
title II, 201, 57 Stat. 243; June 26, 1944, ch. 277, 203, 58 Stat.
358; May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch.
541, title IV, 60 Stat. 480.)
Section consolidates provisions of section 1131 of title 26, U.S.C.,
1940 ed., relating to expenditures for ''lawbooks'' for the Tax Court of
the United States, with sections 337 and 530 of title 28, U.S.C., 1940
ed., relating to purchase and distribution of reporter and digest
volumes.
Other provisions of section 1131 of title 26, U.S.C., 1940 ed., are
incorporated in section 604 of this title.
Provisions of section 530 of title 28, U.S.C., 1940 ed., limiting the
price to be paid for volumes of the Federal Reporter and other similar
reports were omitted after consultation with the Administrative Office
of United States Courts as more properly covered by current
appropriation acts. Similar provisions relating to the Federal Digest
and the United States Code Annotated were omitted as covered in current
appropriation acts. (See Act June 29, 1944, ch. 286, title II, 212,
58 Stat. 361, 387.)
Provisions of said section 337 of title 28, U.S.C., 1940 ed., that
books are to remain United States property, so marked, and transmitted
to successors in office of persons receiving them, were omitted as
covered by section 414 of this title.
Similar provisions in said section 530 of title 28, U.S.C., 1940 ed.,
are incorporated in section 414 of this title.
Provision in section 337 of title 28, U.S.C., 1940 ed., for
distribution to the Court of Appeals and District Court for the District
of Columbia was omitted as covered by the phrase ''Each place where a
circuit court of appeals or district court is regularly held.''
The revised section is extended to include the Customs Court as well
as the Court of Claims and Court of Customs and Patent Appeals. All
judges receive the Supreme Court reports and digests under section 411
of this title. Presumably the Congress did not intend to deny
distribution of the Federal Reporter and digests to the Customs Court
while providing for all other courts under said section 337.
The revised section provides for distribution of volumes to the
judiciary by the Director of the Administrative Office of the United
States Courts. (See reviser's note under section 411 of this title.)
Similar publications are purchased by the Marshal of Supreme Court
for the use of the Court. (See section 672(5) of this title.)
The provisions of section 337 of title 28, U.S.C., 1940 ed.,
requiring annual estimates and disbursement of moneys for the volumes
under this section were omitted. Such provisions are covered by
appropriate sections of title 31, U.S.C., 1940 ed., Money and Finance.
Provision of section 337 of title 28, U.S.C., 1940 ed., as to
custody, use, and delivery to successors was omitted as obsolete on
advice of the Administrative Office of the United States Courts.
Numerous changes were made in phraseology and superfluous language
was omitted.
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61
Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., 530,
became one of the sources of this section and was accordingly included
in the schedule of repeals by Senate amendment. See 80th Congress
Senate Report No. 1559.
Although section 1131 of Title 26, U.S.C. (Internal Revenue Code) is
one of the sources of this section, it was struck out of the schedule of
repeals by Senate amendment and accordingly remains in Title 26. See
80th Congress Senate Report No. 1559.
Subsection (a) of this section eliminates from section 413 of title
28, U.S.C., the provision for furnishing books to the Tax Court, which
procures books under section 1131 of the Internal Revenue Code (26
U.S.C., 1946 ed., 1131).
Subsection (b) of this section incorporates in section 413 of title
28, U.S.C., with changes in phraseology, the provisions of act of June
3, 1948 (ch. 400, title II, 204, 62 Stat. 321), which was not
incorporated in title 18 when the revision was enacted. As amended,
section 413 is expanded to give like authority with respect to
procurement of books to the Director of the Administrative Office of the
United States Courts, as well as to the Attorney General, to prevent an
obvious inconsistency.
1952 -- Act July 10, 1952, amended section generally, and permitted
delivery of publication to buildings controlled by the Government as
well as to buildings owned by it.
1949 -- Act May 24, 1949, struck out reference to the Tax Court in
former provisions enumerating judges and courts to receive certain
publications, and inserted provisions set out as second par.
28 USC 414. Transmittal of books to successors
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
All government publications and law books furnished to justices,
judges, clerks of courts, and United States attorneys of the United
States and its territories and possessions, and other officers of the
United States or an agency thereof shall be transmitted to their
successors in office. All permanent or bound books and publications
furnished under this chapter except those books furnished to the Library
of Congress for international exchange shall remain the property of the
United States and shall be marked plainly, ''The Property of the United
States''.
(June 25, 1948, ch. 646, 62 Stat. 906; Oct. 18, 1962, Pub. L.
87-845, 7, 76A Stat. 699.)
Based on section 90 of title 5, U.S.C., 1940 ed., Executive
Departments and Government Officers and Employees, section 530 of title
28, U.S.C., 1940 ed., and section 92 of title 44, U.S.C., 1940 ed.,
Public Printing and Documents (Aug. 7, 1882, ch. 433, 1, 22 Stat. 336;
Jan. 12, 1895, ch. 23, 74, 28 Stat. 620; June 20, 1936, ch. 630, 11,
12, 49 Stat. 1552, 1553; May 14, 1940, ch. 189, title IV, 54 Stat. 210;
June 28, 1941, ch. 258, title IV, 55 Stat. 301; July 2, 1942, ch. 472,
title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, 201, 57
Stat. 243; June 26, 1944, ch. 277, 203, 58 Stat. 358; May 21, 1945,
ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60
Stat. 480).
Section consolidates section 90 of title 5, U.S.C., 1940 ed.,
providing that ''statutes'' shall be delivered to successors of United
States attorneys and clerks and provisions of section 530 of title 28,
U.S.C., 1940 ed., requiring that all lawbooks for judges and others
shall be marked as property of the United States and shall be
transmitted to their successors, with section 92 of title 44, U.S.C.,
1940 ed., relating to transmittal of ''Government publications.''
Words ''All Government publications and lawbooks'' and ''furnished
under this chapter'' were used to cover ''all statutes'' and ''The
Federal Reporter and continuations thereto.''
Words ''justices and judges of the United States'' were substituted
for ''United States judges'' in conformity with uniform use of the
phrase to describe all members of the Federal judiciary. Similar
provisions in sections 334 and 377 of title 28, U.S.C., 1940 ed., were
therefore omitted as covered by this revised section.
Other provisions of said section 530 of title 28, U.S.C., 1940 ed.,
were omitted. (See reviser's note under section 413 of this title.)
The words ''permanent or bound'' were inserted in the last sentence
of the revised section to obviate the wasteful practice under existing
law of marking temporary pamphlets.
Changes were made in phraseology.
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61
Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., 530,
became one of the sources of this section and was accordingly included
in the schedule of repeals by Senate amendment. See 80th Congress
Senate Report No. 1559.
1962 -- Pub. L. 87-845 substituted ''furnished to justices, judges,
clerks of courts, and United States attorneys of the United States and
its territories and possessions, and other officers of the United States
or an agency thereof'' for ''furnished to justices and judges of the
United States and of the Territorial Courts, United States attorneys,
clerks of courts, and other officers of the United States''.
Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section 25
of Pub. L. 87-845, set out as a note set out under section 14 of Title
18, Crimes and Criminal Procedure.
28 USC ( 415. Repealed. Pub. L. 97-164, title I, 113, Apr. 2, 1982,
96 Stat. 29)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, acts June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949,
ch. 139, 70, 63 Stat. 100, provided for distribution of copies of
decisions of Court of Claims. See section 174(b) of this title.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC CHAPTER 21 -- GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
451. Definitions.
452. Courts always open; power unrestricted by expiration of
sessions. /1/
453. Oath of justices and judges. /1/
454. Practice of law by justices and judges.
455. Disqualification of justice, judge, or magistrate.
456. Traveling expenses of justices and judges; official duty
stations.
457. Records; obsolete papers.
458. Relative of justice or judge ineligible to appointment.
459. Administration of oaths and acknowledgments.
460. Application to other courts.
461. Adjustments in certain salaries.
462. Court accommodations.
463. Expenses of litigation.
1982 -- Pub. L. 97-164, title I, 115(a)(2), (b)(2), (c)(2),
116(b), Apr. 2, 1982, 96 Stat. 31, 32, inserted ''; official duty
stations'' in item 456, substituted ''other courts'' for ''Canal Zone,
Guam and Virgin Islands'' in item 460, and added items 462 and 463.
1978 -- Pub. L. 95-598, title II, 214(c), 217(b), Nov. 6, 1978,
92 Stat. 2661, struck out ''Alaska,'' after ''Application to'' in item
460 and struck out reference to referees in bankruptcy in item 455.
1975 -- Pub. L. 94-82, title II, 205(a)(2), Aug. 9, 1975, 89 Stat.
422, added item 461.
1974 -- Pub. L. 93-512, 2, Dec. 5, 1974, 88 Stat. 1610,
substituted ''Disqualification of justice, judge, magistrate, or referee
in bankruptcy'' for ''Interest of justice or judge'' in item 455.
1963 -- Pub. L. 88-139, 3(b), Oct. 16, 1963, 77 Stat. 248,
substituted ''power unrestricted by expiration of sessions'' for
''powers unrestricted by terms'' in item 452.
1951 -- Act Oct. 31, 1951, ch. 655, 42, 65 Stat. 725, inserted
'', Guam'' in item 460.
/1/ So in original. Does not conform to section catchline.
28 USC 451. Definitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in this title:
The term ''court of the United States'' includes the Supreme Court of
the United States, courts of appeals, district courts constituted by
chapter 5 of this title, including the Court of International Trade and
any court created by Act of Congress the judges of which are entitled to
hold office during good behavior.
The terms ''district court'' and ''district court of the United
States'' mean the courts constituted by chapter 5 of this title.
The term ''judge of the United States'' includes judges of the courts
of appeals, district courts, Court of International Trade and any court
created by Act of Congress, the judges of which are entitled to hold
office during good behavior.
The term ''justice of the United States'' includes the Chief Justice
of the United States and the associate justices of the Supreme Court.
The terms ''district'' and ''judicial district'' means the districts
enumerated in Chapter 5 of this title.
The term ''department'' means one of the executive departments
enumerated in section 1 of Title 5, unless the context shows that such
term was intended to describe the executive, legislative, or judicial
branches of the government.
The term ''agency'' includes any department, independent
establishment, commission, administration, authority, board or bureau of
the United States or any corporation in which the United States has a
proprietary interest, unless the context shows that such term was
intended to be used in a more limited sense.
(June 25, 1948, ch. 646, 62 Stat. 907; Mar. 18, 1959, Pub. L. 86-3,
10, 73 Stat. 9; Sept. 12, 1966, Pub. L. 89-571, 3, 80 Stat. 764;
Nov. 6, 1978, Pub. L. 95-598, title II, 213, 92 Stat. 2661; Oct. 10,
1980, Pub. L. 96-417, title V, 501(10), 94 Stat. 1742; Apr. 2, 1982,
Pub. L. 97-164, title I, 114, 96 Stat. 29.)
This section was inserted to make possible a greater simplification
in consolidation of the provisions incorporated in this title.
The definitions of agency and department conform with such
definitions in section 6 of revised title 18, U.S.C. (H.R. 3190, 80th
Cong.).
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment. See 80th Congress Senate Report No.
1559.
Section 1 of Title 5, referred to in text, is section 1 of former
Title 5, Executive Departments and Government Officers and Employees,
the provisions of which are covered by section 101 of Title 5,
Government Organization and Employees.
1982 -- Pub. L. 97-164 struck out references to the Court of Claims
and to the Court of Customs and Patent Appeals in the definitions of
''court of the United States'' and ''judge of the United States''.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1978 -- Pub. L. 95-598 directed the amendment of section by
inserting references to bankruptcy courts and bankruptcy judges, 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.
1966 -- Pub. L. 89-571 removed the United States District Court for
the District of Puerto Rico from the definition of ''court of the United
States''.
1959 -- Pub. L. 86-3 substituted ''including the United States
District for the District of Puerto Rico'' for ''including the district
courts of the United States for the districts of Hawaii and Puerto
Rico'' in provisions defining ''court of the United States''.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Section 10 of Pub. L. 86-3 provided that the amendment made by
section 10 of Pub. L. 86-3 shall be effective on admission of the State
of Hawaii into the Union. Admission of Hawaii into the Union was
accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21,
1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding
491 of Title 48, Territories and Insular Possessions.
Section 32 of act June 25, 1948, as amended May 24, 1949, ch. 139,
127, 63 Stat. 107, provided that:
''(a) All laws of the United States in force on September 1, 1948, in
which reference is made to a 'circuit court of appeals'; 'senior
circuit judge'; 'senior district judge'; 'presiding judge'; 'chief
justice', except when reference to the Chief Justice of the United
States is intended; or 'justice', except when used with respect to a
justice of the Supreme Court of the United States in his capacity as
such or as a circuit justice, are hereby amended by substituting 'court
of appeals' for 'circuit court of appeals'; 'chief judge of the
circuit' for 'senior circuit judge'; 'chief judge of the district
court' for 'senior district judge'; 'chief judge' for 'presiding
judge'; 'chief judge' for 'chief justice', except when reference to the
Chief Justice of the United States is intended; and 'judge' for
'justice', except when the latter term is used with respect to a justice
of the Supreme Court of the United States in his capacity as such or as
a circuit justice.
''(b) All laws of the United States in force on September 1, 1948, in
which reference is made to the Supreme Court of the District of Columbia
or to the District Court of the United States for the District of
Columbia are amended by substituting 'United States District Court for
the District of Columbia' for such designations.
''(c) All laws of the United States in force on September 1, 1948, in
which reference is made to the 'Conference of Senior Circuit Judges,' or
to the 'Judicial Conference of Senior Circuit Judges' are amended by
substituting 'Judicial Conference of the United States' for such
designations.
''(d) This section shall not be construed to amend historical
references to courts or judicial offices which have no present or future
application to such courts or offices.''
Section 2(a) of act June 25, 1948, as amended Sept. 3, 1954, ch.
1263, 51(a), 68 Stat. 1245, provided that: ''The Chief Justices of
the United States Court of Appeals for the District of Columbia, the
District Court of the United States for the District of Columbia, and
the Court of Claims (now United States Court of Federal Claims), and the
presiding judge of the Court of Customs and Patent Appeals (now United
States Court of Appeals for the Federal Circuit), in office on the
effective date of this Act shall be the chief judges of their respective
courts. The Chief Justice of the United States Court of Appeals for the
District of Columbia and the Associate Justices thereof, the Chief
Justice of the District Court of the United States for the District of
Columbia (formerly named the Supreme Court of the District of Columbia)
and the Associate Justices thereof, the Chief Justice of the Court of
Claims (now United States Court of Federal Claims), and the presiding
judge of the Court of Customs and Patent Appeals (now United States
Court of Appeals for the Federal Circuit), in office on the effective
date of this Act, shall be judges of the United States within the
meaning of Section 451 of Title 28, Judiciary and Judicial Procedure, of
the United States Code, set out in Section 1 of this Act. The Chief
Justice of the United States Court of Appeals for the District of
Columbia and the Associate Justices thereof, in office on the effective
date of this Act, shall be circuit judges of the District of Columbia
Circuit and vested with all the rights, powers, and duties thereof, and
the said Chief Justice of the United States Court of Appeals for the
District of Columbia shall be Chief Judge of said Circuit. The Chief
Justice of the District Court of the United States for the District of
Columbia (formerly named the Supreme Court of the District of Columbia)
and the Associate Justices thereof, in office on the effective date of
this Act, shall be district judges for the District of Columbia and
vested with all the rights, powers, and duties thereof.''
Section 51(b) of act Sept. 3, 1954, provided that this amendment
should take effect as of Sept. 1, 1948.
District Court of Guam as having jurisdiction, in all courses arising
under the laws of the United States, of a district court of United
States as defined in this section, see section 1424 of Title 48,
Territories and Insular Possessions.
title 5 sections 5532, 5537, 8331, 8344, 8440a, 8468;
title 10 section 1408; title 18 sections 351, 4107,
4108; title 46 section 31301.
28 USC 452. Courts always open; powers unrestricted by expiration of
sessions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
All courts of the United States shall be deemed always open for the
purpose of filing proper papers, issuing and returning process, and
making motions and orders.
The continued existence or expiration of a session of a court in no
way affects the power of the court to do any act or take any proceeding.
(June 25, 1948, ch. 646, 62 Stat. 907; Oct. 16, 1963, Pub. L.
88-139, 2, 77 Stat. 248.)
Based on title 28, U.S.C., 1940 ed., 13 and 302 (Mar. 3, 1911, ch.
231, 9, 189, 36 Stat. 1088, 1143; Mar. 2, 1929, ch. 488, 1, 45 Stat.
1475).
Sections 13 and 302 of title 28, U.S.C., 1940 ed., related only to
district courts and the Court of Customs and Patent Appeals, and this
section has been written to cover all other courts of the United States.
Other provisions of said section 302 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 214, 456, and 604 of this title.
The phrase ''always open'' means ''never closed'' and signifies the
time when a court can exercise its functions. With respect to matters
enumerated by statute or rule as to which the court is ''always open,''
there is no time when the court is without power to act. (Ex parte
Branch, 63 Ala. 383, 387.)
Section 13 of title 28, U.S.C., 1940 ed., provided that ''The
district courts, as courts of admiralty and as courts of equity, shall
be deemed always open * * *'' for enumerated purposes, and that the
judge ''at chambers or in the clerk's office, and in vacation as well as
in term,'' may make orders and issue process. The revised section omits
all reference to the nature of the action or proceeding and enumeration
of the acts which may be performed by the court. This is in accord with
Rules 45(c) and 56 of the new Federal Rules of Criminal Procedure which
contain similar provisions with respect to criminal procedure both in
the courts of appeals and in the district courts.
Rules 6(c) and 77(a) of the Federal Rules of Civil Procedure contain
provisions similar to the second and first paragraphs, respectively, of
this section with respect to civil actions in district courts.
1963 -- Pub. L. 88-139 substituted ''expiration of sessions'' for
''terms'' in section catchline, and ''session'' for ''term'' in text.
District courts always open, see rule 77, Appendix to this title.
One form of action, see rule 2.
Time unaffected by expiration of term, see rule 6.
28 USC 453. Oaths of justices and judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each justice or judge of the United States shall take the following
oath or affirmation before performing the duties of this office: ''I,
XXX XXX, do solemnly swear (or affirm) that I will administer justice
without respect to persons, and do equal right to the poor and to the
rich, and that I will faithfully and impartially discharge and perform
all the duties incumbent upon me as XXX under the Constitution and laws
of the United States. So help me God.''
(June 25, 1948, ch. 646, 62 Stat. 907; Dec. 1, 1990, Pub. L.
101-650, title IV, 404, 104 Stat. 5124.)
Based on title 28, U.S.C., 1940 ed., 241, 372, and District of
Columbia Code, 1940 ed., 11-203, 11-303 (R.S.D.C., 752, 18 Stat. pt.
II, 90; Feb. 9, 1893, ch. 74, 3, 27 Stat. 435; Mar. 3, 1901, ch. 854,
223, 31 Stat. 1224; Mar. 3, 1911, ch. 231, 136, 137, 257, 36 Stat.
1135, 1161; Feb. 25, 1919, ch. 29, 4, 40 Stat. 1157).
This section consolidates sections 11-203 and 11-303 of District of
Columbia Code, 1940 ed., and section 372 of title 28, U.S.C., 1940 ed.,
with that portion of section 241 of said title 28 providing that judges
of the Court of Claims shall take an oath of office. The remainder of
said section 241 comprises sections 171 and 173 of this title.
The phrase ''justice or judge of the United States'' was substituted
for ''justices of the Supreme Court, the circuit judges, and the
district judges'' appearing in said section 372, in order to extend the
provisions of this section to judges of the Court of Claims, Customs
Court, and Court of Customs and Patent Appeals and to all judges of any
court which may be created by enactment of Congress. See definition in
section 451 of this title.
The Attorney General has ruled that the expression ''any judge of any
court of the United States'' applied to the Chief Justice and all judges
of the Court of Claims. (21 Op. Atty. Gen. 449.)
1990 -- Pub. L. 101-650 substituted ''under the Constitution'' for
''according to the best of my abilities and understanding, agreeably to
the Constitution''.
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1, 1990,
see section 407 of Pub. L. 101-650, set out as a note under section 332
of this title.
28 USC 454. Practice of law by justices and judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any justice or judge appointed under the authority of the United
States who engages in the practice of law is guilty of a high
misdemeanor.
(June 25, 1948, ch. 646, 62 Stat. 908.)
Based on title 28, U.S.C., 1940 ed., 373 (Mar. 3, 1911, ch. 231,
258, 36 Stat. 1161).
Changes in phraseology were made.
Clerks to justices not to practice, see rule 7, Appendix to this
title.
28 USC 455. Disqualification of justice, judge, or magistrate
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any justice, judge, or magistrate of the United States shall
disqualify himself in any proceeding in which his impartiality might
reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or
personal knowledge of disputed evidentiary facts concerning the
proceeding;
(2) Where in private practice he served as lawyer in the matter in
controversy, or a lawyer with whom he previously practiced law served
during such association as a lawyer concerning the matter, or the judge
or such lawyer has been a material witness concerning it;
(3) Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness concerning
the proceeding or expressed an opinion concerning the merits of the
particular case in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse
or minor child residing in his household, has a financial interest in
the subject matter in controversy or in a party to the proceeding, or
any other interest that could be substantially affected by the outcome
of the proceeding;
(5) He or his spouse, or a person within the third degree of
relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee
of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be
substantially affected by the outcome of the proceeding;
(iv) Is to the judge's knowledge likely to be a material witness in
the proceeding.
(c) A judge should inform himself about his personal and fiduciary
financial interests, and make a reasonable effort to inform himself
about the personal financial interests of his spouse and minor children
residing in his household.
(d) For the purposes of this section the following words or phrases
shall have the meaning indicated:
(1) ''proceeding'' includes pretrial, trial, appellate review, or
other stages of litigation;
(2) the degree of relationship is calculated according to the civil
law system;
(3) ''fiduciary'' includes such relationships as executor,
administrator, trustee, and guardian;
(4) ''financial interest'' means ownership of a legal or equitable
interest, however small, or a relationship as director, adviser, or
other active participant in the affairs of a party, except that:
(i) Ownership in a mutual or common investment fund that holds
securities is not a ''financial interest'' in such securities unless the
judge participates in the management of the fund;
(ii) An office in an educational, religious, charitable, fraternal,
or civic organization is not a ''financial interest'' in securities held
by the organization;
(iii) The proprietary interest of a policyholder in a mutual
insurance company, of a depositor in a mutual savings association, or a
similar proprietary interest, is a ''financial interest'' in the
organization only if the outcome of the proceeding could substantially
affect the value of the interest;
(iv) Ownership of government securities is a ''financial interest''
in the issuer only if the outcome of the proceeding could substantially
affect the value of the securities.
(e) No justice, judge, or magistrate shall accept from the parties to
the proceeding a waiver of any ground for disqualification enumerated in
subsection (b). Where the ground for disqualification arises only under
subsection (a), waiver may be accepted provided it is preceded by a full
disclosure on the record of the basis for disqualification.
(f) Notwithstanding the preceding provisions of this section, if any
justice, judge, magistrate, or bankruptcy judge to whom a matter has
been assigned would be disqualified, after substantial judicial time has
been devoted to the matter, because of the appearance or discovery,
after the matter was assigned to him or her, that he or she individually
or as a fiduciary, or his or her spouse or minor child residing in his
or her household, has a financial interest in a party (other than an
interest that could be substantially affected by the outcome),
disqualification is not required if the justice, judge, magistrate,
bankruptcy judge, spouse or minor child, as the case may be, divests
himself or herself of the interest that provides the grounds for the
disqualification.
(June 25, 1948, ch. 646, 62 Stat. 908; Dec. 5, 1974, Pub. L.
93-512, 1, 88 Stat. 1609; Nov. 6, 1978, Pub. L. 95-598, title II,
214(a), (b), 92 Stat. 2661; Nov. 19, 1988, Pub. L. 100-702, title X,
1007, 102 Stat. 4667.)
Based on title 28, U.S.C., 1940 ed., 24 (Mar. 3, 1911, ch. 231, 20,
36 Stat. 1090).
Section 24 of title 28, U.S.C., 1940 ed., applied only to district
judges. The revised section is made applicable to all justices and
judges of the United States.
The phrase ''in which he has a substantial interest'' was substituted
for ''concerned in interest in any suit.''
The provision of section 24 of title 28, U.S.C., 1940 ed., as to
giving notice of disqualification to the ''senior circuit judge,'' and
words ''and thereupon such proceedings shall be had as are provided in
sections 17 and 18 of this title,'' were omitted as unnecessary and
covered by section 291 et seq. of this title relating to designation
and assignment of judges. Such provision is not made by statute in case
of disqualification or incapacity, for other cause. See sections 140,
143, and 144 of this title. If a judge or clerk of court is remiss in
failing to notify the chief judge of the district or circuit, the
judicial council of the circuit has ample power under section 332 of
this title to apply a remedy.
Relationship to a party's attorney is included in the revised section
as a basis of disqualification in conformity with the views of judges
cognizant of the grave possibility of undesirable consequences resulting
from a less inclusive rule.
Changes were made in phraseology.
1988 -- Subsec. (f). Pub. L. 100-702 added subsec. (f).
1978 -- Pub. L. 95-598 struck out references to referees in
bankruptcy in section catchline and in subsecs. (a) and (e).
1974 -- Pub. L. 93-512 substituted ''Disqualification of justice,
judge, magistrate, or referee in bankruptcy'' for ''Interest of justice
or judge'' in section catchline, reorganized structure of provisions,
and expanded applicability to include magistrates and referees in
bankruptcy and grounds for which disqualification may be based, and
inserted provisions relating to waiver of disqualification.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
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. For procedures relating to
Bankruptcy matters during transition period see note preceding section
151 of this title.
Section 3 of Pub. L. 93-512 provided that: ''This Act (amending
this section) shall not apply to the trial of any proceeding commenced
prior to the date of this Act (Dec. 5, 1974), nor to appellate review of
any proceeding which was fully submitted to the reviewing court prior to
the date of this Act.''
Disqualification of trial judge to hear appeal, see section 47 of
this title.
28 USC 456. Traveling expenses of justices and judges; official duty
stations
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director of the Administrative Office of the United States
Courts shall pay each justice or judge of the United States, and each
retired justice or judge recalled or designated and assigned to active
duty, while attending court or transacting official business at a place
other than his official duty station for any continuous period of less
than thirty calendar days (1) all necessary transportation expenses
certified by the justice or judge; and (2) payments for subsistence
expenses at rates or in amounts which the Director establishes, in
accordance with regulations which the Director shall prescribe with the
approval of the Judicial Conference of the United States and after
considering the rates or amounts set by the Administrator of General
Services and the President pursuant to section 5702 of title 5. The
Director of the Administrative Office of the United States Courts shall
also pay each justice or judge of the United States, and each retired
justice or judge recalled or designated and assigned to active duty,
while attending court or transacting official business under an
assignment authorized under chapter 13 of this title which exceeds in
duration a continuous period of thirty calendar days, all necessary
transportation expenses and actual and necessary expenses of subsistence
actually incurred, notwithstanding the provisions of section 5702 of
title 5, in accordance with regulations which the Director shall
prescribe with the approval of the Judicial Conference of the United
States.
(b) The official duty station of the Chief Justice of the United
States, the Justices of the Supreme Court of the United States, and the
judges of the United States Court of Appeals for the District of
Columbia Circuit, the United States Court of Appeals for the Federal
Circuit, and the United States District Court for the District of
Columbia shall be the District of Columbia.
(c) The official duty station of the judges of the United States
Court of International Trade shall be New York City.
(d) The official duty station of each district judge shall be that
place where a district court holds regular sessions at or near which the
judge performs a substantial portion of his judicial work, which is
nearest the place where he maintains his actual abode in which he
customarily lives.
(e) The official duty station of a circuit judge shall be that place
where a circuit or district court holds regular sessions at or near
which the judge performs a substantial portion of his judicial work, or
that place where the Director provides chambers to the judge where he
performs a substantial portion of his judicial work, which is nearest
the place where he maintains his actual abode in which he customarily
lives.
(f) The official duty station of a retired judge shall be established
in accordance with section 374 of this title.
(g) Each circuit or district judge whose official duty station is not
fixed expressly by this section shall notify the Director of the
Administrative Office of the United States Courts in writing of his
actual abode and official duty station upon his appointment and from
time to time thereafter as his official duty station may change.
(June 25, 1948, ch. 646, 62 Stat. 908; Aug. 8, 1953, ch. 376, 67
Stat. 488; Aug. 7, 1959, Pub. L. 86-138, 73 Stat. 285; Nov. 6, 1978,
Pub. L. 95-598, title II, 215, 92 Stat. 2661; Oct. 10, 1980, Pub. L.
96-417, title V, 501(11), 94 Stat. 1742; Apr. 2, 1982, Pub. L.
97-164, title I, 115(a)(1), 96 Stat. 30; Jan. 2, 1986, Pub. L.
99-234, title I, 107(d), 99 Stat. 1759.)
Based on section 1102(d) of title 26, U.S.C., 1940 ed., Internal
Revenue Code, and title 28, U.S.C., 1940 ed., 218, 270, 296, 296a,
302, 374, 449 (Mar. 3, 1911, ch. 231, 189, 259, 36 Stat. 1143, 1161,
and 187(a) as added Oct. 10, 1940, ch. 843, 1, 54 Stat. 1101; and
section 307 as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1224; Sept.
14, 1922, ch. 306, 2, 42 Stat. 838; Feb. 24, 1925, ch. 301, 2, 43
Stat. 965; May 29, 1928, ch. 852, 711, 45 Stat. 882; Mar. 2, 1929,
ch. 488, 1, 45 Stat. 1475; June 23, 1930, ch. 573, 1, 46 Stat. 799;
Feb. 10, 1939, ch. 2, 1102(d), 53 Stat. 159; Apr. 22, 1940, ch. 126,
54 Stat. 149; May 3, 1945, ch. 106, title I, 1, 59 Stat. 127; May 21,
1945, ch. 129, title IV, 59 Stat. 197; July 5, 1946, ch. 541, title IV,
60 Stat. 477).
Section 270 of title 28, U.S.C., 1940 ed., related to the Chief
Justice and each judge of the Court of Claims and provided for payment
of expenses on order of court.
Sections 296, 296a of title 28, U.S.C., 1940 ed., provided for
payment of such expenses of the Customs Court judges.
Section 302 of title 28, U.S.C., 1940 ed., provided for the payment
of expenses of a judge of the Court of Customs and Patent Appeals upon
his certificate. It contained no $10 limitation upon his daily
subsistence expense and in addition authorized the necessary expenses
for travel and attendance of one stenographic clerk who accompanied him.
This latter provision is the basis for section 834 of this title.
Other provisions of said section 302 of title 28, U.S.C., 1940 ed., are
incorporated in sections 214 and 452 of this title.
Section 374 of title 28, U.S.C., 1940 ed., related to circuit
justices, circuit judges and district judges, including district judges
in Alaska, Hawaii, and Puerto Rico. References to these territories is
omitted as unnecessary. Provision for Alaska judges is covered by
section 460 of this title, and section 114 of title 48, U.S.C., 1940
ed., Territories and Insular Possessions, as amended by a separate
section in the bill to enact this revision. Hawaii and Puerto Rico are
included as districts by sections 91 and 119 of this title, and judges
thereof are ''judges of the United States'' as defined in section 451 of
this title.
The inconsistent provision of said section 270 of title 28, U.S.C.,
1940 ed., with reference to payment on order of court was omitted to
permit payment to every judge on his certificate.
The $10 per day subsistence limitation applicable to all other judges
was extended to the judges of the Court of Customs and Patent Appeals.
The provision of said section 270 of title 28, U.S.C., 1940 ed.,
relating to traveling expenses of commissioners and stenographers is
incorporated in sections 792 and 794 of this title.
The provisions of said section 296 of title 28, U.S.C., 940 ed.,
relating to organization of the Customs Court are the basis of sections
251, 252, 253, and 254 of this title. Other provisions of said section
296 are incorporated in sections 1581, 2071, 2639, and 2640 of this
title, and the retirement provisions of that section are covered by
sections 371 and 372 of this title.
The provision of section 296 of title 28, U.S.C., 1940 ed., expenses
of retired judges was made applicable to all judges.
The provision of section 218 of title 28, U.S.C., 1940 ed., for
payment of travel expenses of judges attending the Judicial Conference
of the United States was omitted as covered by the first paragraph of
the revised section.
The provision in section 218 of title 28, U.S.C., 1940 ed., requiring
the marshal of the Supreme Court to pay the expenses of attending the
Judicial Conference of the United States is omitted as covered in part
by section 550 (see 571) of this title under which United States
marshals pay the travel allowances of circuit, district, and certain
other judges. The expenses of the Chief Justice of the United States in
attending such Conference were required also under said section 218 to
be paid by the Supreme Court marshal. Such requirement is also omitted
upon advice of the Director of the Administrative Office of the United
States Courts that the matter of payment is one of administrative
convenience. As to manner of payment of salaries to active and retired
Justices of the Supreme Court, see reviser's note under section 550 (see
571) of this title.
Words ''justice or judge of the United States'' were used to describe
members of all courts. See definitive section 451 of this title.
The remaining provisions of sections 218 of title 28, U.S.C., 1940
ed., relating to the Judicial Conference of the United States and 449 of
title 28, U.S.C., 1940 ed., relating to judicial conferences of
circuits, are incorporated in sections 331 and 333, respectively.
Said section 1102(d) of title 26, U.S.C., 1940 ed., related to
traveling and subsistence expenses of judges of The Tax Court of the
United States, successor to the Board of Tax Appeals.
Numerous changes were made in phraseology.
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment, therefore section 1102(d) of title 26,
U.S.C., was not one of the sources of this section as finally enacted.
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61
Stat. 303, which was classified to title 28, U.S.C., 1946 ed., 296a,
became one of the sources of this section and was accordingly included
in the schedule of repeals by Senate amendment. See 80th Congress
Senate Report No. 1559.
1986 -- Subsec. (a). Pub. L. 99-234 substituted ''payments for
subsistence expenses at rates or in amounts which the Director
establishes, in accordance with regulations which the Director shall
prescribe with the approval of the Judicial Conference of the United
States and after considering the rates or amounts set by the
Administrator of General Services and the President pursuant to section
5702 of title 5'' for ''a per diem allowance for travel at the rate
which the Director establishes not to exceed the maximum per diem
allowance fixed by section 5702(a) of title 5, or in accordance with
regulations which the Director shall prescribe with the approval of the
Judicial Conference of the United States, reimbursement for his actual
and necessary expenses of subsistence not in excess of the maximum
amount fixed by section 5702 of title 5''.
1982 -- Pub. L. 97-164 inserted ''; official duty stations'' in
section catchline.
Subsec. (a). Pub. L. 97-164 designated existing undesignated first
par. as subsec. (a), substituted ''The Director of the Administrative
Office of the United States Courts shall pay each justice or judge of
the United States, and each retired justice or judge recalled or
designated and assigned to active duty, while attending court or
transacting official business at a place other than his official duty
station for any continuous period of less than thirty calendar days (1)
all necessary transportation expenses certified by the justice or judge;
and (2) a per diem allowance for travel at the rate which the Director
establishes not to exceed the maximum per diem allowance fixed by
section 5702(a) of title 5, or in accordance with regulations which the
Director shall prescribe with the approval of the Judicial Conference of
the United States, reimbursement for his actual and necessary expenses
of subsistence not in excess of the maximum amount fixed by section 5702
of title 5'' for ''Each Justice or judge of the United States and each
retired Justice or judge recalled or designated and assigned to active
duty, while attending court or transacting official business at a place
other than his official station, shall, upon his certificate, be paid by
the Director of the Administrative Office of the United States Courts
all necessary traveling expenses, and also a per diem allowance in lieu
of actual expenses of subsistence (as defined in the Travel Expense Act
of 1949, as amended, 63 Stat. 166; 5 U.S.C. 835) at the per diem rate
provided for by the Travel Expense Act of 1949, as amended, or, in
accordance with regulations prescribed by the Director of the
Administrative Office of the United States Courts with the approval of
the Judicial Conference of the United States, reimbursement for his
actual expenses of subsistence not in excess of the maximum amount fixed
by the Travel Expense Act of 1949, as amended'', and inserted ''The
Director of the Administrative Office of the United States Courts shall
also pay each justice or judge of the United States, and each retired
justice or judge recalled or designated and assigned to active duty,
while attending court or transacting official business under an
assignment authorized under chapter 13 of this title which exceeds in
duration a continuous period of thirty calendar days, all necessary
transportation expenses and actual and necessary expenses of subsistence
actually incurred, notwithstanding the provisions of section 5702 of
title 5, in accordance with regulations which the Director shall
prescribe with the approval of the Judicial Conference of the United
States.''
Subsec. (b). Pub. L. 97-164 designated existing undesignated second
par. as subsec. (b), and in subsec. (b) as so designated, substituted
''official duty station'' for ''official station'', struck out
references to the judges of the Court of Claims and the Court of Customs
and Patent Appeals, and inserted reference to the judges of the United
States Court of Appeals for the Federal Circuit.
Subsec. (c). Pub. L. 97-164 designated existing undesignated third
par. as subsec. (c) and substituted ''official duty station'' for
''official station''.
Subsec. (d). Pub. L. 97-164 designated existing undesignated fourth
par. as subsec. (d) and substituted ''The official duty station of
each district judge shall be that place where a district court holds
regular sessions at or near which the judge performs a substantial
portion of his judicial work, which is nearest the place where he
maintains his actual abode in which he customarily lives'' for ''The
official station of each circuit and district judge, including each
district judge in the Territories and possessions, shall be that place
where a district court is regularly held and at or near which the judge
performs a substantial portion of his judicial work, which is nearest
the place where he maintains an actual abode in which he customarily
lives''.
Subsecs. (e), (f). Pub. L. 97-164 added subsecs. (e) and (f).
Subsec. (g). Pub. L. 97-164 designated existing undesignated fifth
par. as subsec. (g) and substituted ''Each circuit or district judge
whose official duty station is not fixed expressly by this section shall
notify the Director of the Administrative Office of the United States
Courts in writing of his actual abode and official duty station upon his
appointment and from time to time thereafter as his official duty
station may change'' for ''Each circuit judge and each district judge
whose official station is not fixed expressly in the second paragraph of
this section shall upon his appointment and from time to time thereafter
as his official station may change, notify the Director of the
Administrative Office of the United States Courts in writing of his
actual abode and his official station''.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1978 -- Pub. L. 95-598 directed the amendment of section by
inserting references to the United States Bankruptcy Court for the
District of Columbia and bankruptcy judges, 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.
1959 -- Pub. L. 86-138 authorized payment to justices and judges of
a per diem allowance or a maximum amount for actual expenses of
subsistence in place of reasonable maintenance expenses actually
incurred, not exceeding $15 per day.
1953 -- Act Aug. 8, 1953, increased limit of reimbursable
maintenance from $10 to $15 per day.
Amendment by Pub. L. 99-234 effective (1) on effective date of
regulations to be promulgated not later than 150 days after Jan. 2,
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see
section 301(a) of Pub. L. 99-234, set out as a note under section 5701
of Title 5, Government Organization and Employees.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Pub. L. 99-550, 3, Oct. 27, 1986, 100 Stat. 3070, provided that:
''Within one year after the date of enactment of this Act (Oct. 27,
1986), the Director of the Administrative Office of the United States
Courts shall prepare, in consultation with the Marshal of the Supreme
Court of the United States, the Clerk of the United States Court of
Military Appeals and the Court Administrator of the United States Tax
Court, and transmit to the Congress, appropriate recommendations
concerning the transportation needs of the judicial branch and of courts
established pursuant to Article I of the Constitution.''
Director to promulgate regulations effectuating increases in
reimbursement for expenses, see section 6 of Pub. L. 87-139, Aug. 14,
1961, 75 Stat. 340, set out as a note under section 604 of this title.
Payment of expenses by Director of Administrative Office of United
States Courts, see section 604 of this title.
Retired judges not subject to residence restrictions, see section 374
of this title.
4502.
28 USC 457. Records; obsolete papers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The records of district courts and of courts of appeals shall be kept
at one or more of the places where court is held. Such places shall be
designated by the respective courts except when otherwise directed by
the judicial council of the circuit.
Papers of any court established by Act of Congress which have become
obsolete and are no longer necessary or useful, may be disposed of with
the approval of the court concerned in the manner provided by sections
366-380 of Title 44 and in accordance with the rules of the Judicial
Conference of the United States.
(June 25, 1948, ch. 646, 62 Stat. 908; Nov. 6, 1978, Pub. L.
95-598, title II, 216, 92 Stat. 2661.)
Based on title 28, U.S.C., 1940 ed., 10, 523a, 523b, (Mar. 3, 1911,
ch. 231, 6, 36 Stat. 1088; June 3, 1930, ch. 396, 1, 2, 46 Stat.
496).
Section consolidates and simplifies sections 10, 523a and 523b of
title 28, U.S.C., 1940 ed., relating to filing district court records
and destroying obsolete papers and bankruptcy proofs of claims.
The revised section enlarges scope of section 10 of title 28, U.S.C.,
1940 ed., to include places of keeping records of courts of appeals
which was not covered by existing law.
The provisions in section 10 of title 28, U.S.C., 1940 ed., that
where court is held ''at more than one place'' and the place of keeping
the records ''is not specially provided by law, they shall be kept at
either of the places'' designated by the court, was changed to permit
the judicial councils of the circuits to make the determination without
requiring special enactment of Congress. See section 332 of this title
as to purpose and duties of the judicial councils.
The provision of section 523a of title 28, U.S.C., 1940 ed.,
authorizing destruction of records by the Attorney General was rewritten
in the second paragraph to give such authority, respecting court
records, to the Director of the Administrative Office of the United
States Courts. Such Director, under section 604 of this title, now
exercises administrative authority over clerks and commissioners.
A similar provision with respect to records of United States
attorneys and marshals was omitted as superseded by sections 366 and 380
of title 44, U.S.C., 1940 ed., Public Printing and Documents, which
prescribe the exclusive method for disposition of such papers.
Substantial changes were made in phraseology and arrangement.
Sections 366-380 of Title 44, referred to in text, were repealed and
the provisions thereof reenacted as chapter 33 ( 3301 et seq.) of Title
44, Public Printing and Documents, by Pub. L. 90-620, Oct. 22, 1968,
82 Stat. 1238.
1978 -- Pub. L. 95-598 directed the amendment of section by
inserting ''of bankruptcy courts,'' after ''The record'', 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.
28 USC 458. Relative of justice or judge ineligible to appointment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
No person shall be appointed to or employed in any office or duty in
any court who is related by affinity or consanguinity within the degree
of first cousin to any justice or judge of such court.
(June 25, 1948, ch. 646, 62 Stat. 908.)
Based on title 28, U.S.C., 1940 ed., 126 (Mar. 3, 1887, ch. 373, 7,
24 Stat. 555; Aug. 13, 1888, ch. 866, 7, 25 Stat. 437; Mar. 3, 1911,
ch. 231, 67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46).
A provision referring to circuit court employees as of December 21,
1911, was omitted as obsolete.
Changes in phraseology were made.
Nepotism in appointment of receiver or trustee, see section 1910 of
Title 18, Crimes and Criminal Procedure.
28 USC 459. Administration of oaths and acknowledgments
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each justice or judge of the United States may administer oaths and
affirmations and take acknowledgments.
(June 25, 1948, ch. 646, 62 Stat. 908.)
Based on title 28, U.S.C., 1940 ed., 264, 385, section 1509 of
title 19, U.S.C., 1940 ed., Customs Duties, and section 1114(a) of title
26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231,
158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch. 497, title IV, 509,
46 Stat. 733; Feb. 10, 1939, ch. 2, 1114(a), 53 Stat. 160; Oct. 21,
1942, ch. 619, title V, 504(a), (c), 56 Stat. 957; Feb. 25, 1944, ch.
63, title V, 503, 58 Stat. 72).
Section consolidates provisions of sections 264 and 385 of title 28,
U.S.C., 1940 ed., section 1509 of title 19, U.S.C., 1940 ed., and
section 1114(a) of title 26, U.S.C., 1940 ed., relating to
administration of oaths and acknowledgments by judges and courts.
The provision of section 385 of title 28, U.S.C., 1940 ed., giving to
''all courts of the United States'' power to impose and administer all
necessary oaths is the only part of such section in this title. The
remainder is incorporated in section 401 of revised title 18, U.S.C.
(H.R. 1600, 80th Cong.), Crimes and Criminal Procedure.
Section 264 of title 28, U.S.C., 1940 ed., related only to the Court
of Claims and provision of such section relating to clerks and deputies
is incorporated in section 953 of this title.
Section 1509 of title 19, U.S.C., 1940 ed., related only to the
Customs Court.
Section 1114(a) of title 26, U.S.C., 1940 ed., related only to The
Tax Court. That portion of such section authorizing certain employees
of The Tax Court to administer oaths and acknowledgments is incorporated
in section 953 of this title. For distribution of other provisions
thereof, see Distribution Table.
The revised section clarifies what was apparently a statutory
omission in that no provision was made with reference to the Court of
Customs and Patent Appeals, the judges of which now will have the same
power respecting administering oaths as judges of other courts.
By Senate amendment, all provisions relating to the Tax Court were
eliminated, therefore, as finally enacted, section 1114(a) of Title 26,
U.S.C., Internal Revenue Code, did not constitute part of the source of
this section. However, no change in the text of this section was
necessary. See 80th Congress Senate Report No. 1559.
28 USC 460. Application to other courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Sections 452 through 459 and section 462 of this chapter shall
also apply to the United States Court of Federal Claims, to each court
created by Act of Congress in a territory which is invested with any
jurisdiction of a district court of the United States, and to the judges
thereof.
(b) The official duty station of each judge referred to in subsection
(a) which is not otherwise established by law shall be that place where
the court holds regular sessions at or near which the judge performs a
substantial portion of his judicial work, which is nearest the place
where he maintains his actual abode in which he customarily lives.
(June 25, 1948, ch. 646, 62 Stat. 908; Oct. 31, 1951, ch. 655,
43(a), 65 Stat. 725; July 7, 1958, Pub. L. 85-508, 12(e), 72 Stat.
348; Nov. 6, 1978, Pub. L. 95-598, title II, 217(a), 92 Stat. 2661;
Apr. 2, 1982, Pub. L. 97-164, title I, 115(b)(1), 96 Stat. 31; Oct.
29, 1992, Pub. L. 102-572, title IX, 902(b)(1), 106 Stat. 4516.)
This section was included to make clear that the provisions of this
chapter are equally applicable in Alaska, the Canal Zone and the Virgin
Islands in view of definitive section 451 of this title.
1992 -- Subsec. (a). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''Application to other courts''
for ''Application to Canal Zone, Guam and Virgin Islands'' in section
catchline, designated existing provisions as subsec. (a), substituted
''Sections 452 through 459 and section 462 of this chapter shall also
apply to the United States Claims Court, to each court created by Act of
Congress in a territory which is invested with any jurisdiction of a
district court of the United States, and to the judges thereof'' for
''Sections 452-459 of this chapter shall also apply to the United States
District Court for the District of the Canal Zone, the District Court of
Guam and the District Court of the Virgin Islands and the judges
thereof'', and added subsec. (b).
1978 -- Pub. L. 95-598 struck out ''Alaska,'' after ''Application
to'' in section catchline.
1958 -- Pub. L. 85-508 struck out provisions which made sections 452
to 459 applicable to the District Court for the Territory of Alaska.
See section 81A of this title which establishes a United States District
Court for the State of Alaska.
1951 -- Act Oct. 31, 1951, inserted '', Guam'' in section catchline,
and inserted reference to the District Court of Guam in text.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, upon admission
of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
Convention on the Settlement of Investment Disputes, exclusive
jurisdiction of district courts of the United States, including the
courts enumerated in this section, over actions and proceedings for
enforcement of arbitration awards under the Convention, regardless of
amount in controversy, see section 1650a of Title 22, Foreign Relations
and Intercourse.
290i-7; title 22 sections 283gg, 285f, 290g-6,
290k-9, 290k-11, 1650a; title 33 section 1479.
28 USC 461. Adjustments in certain salaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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 most recent
percentage change in the ECI (relative to the date described in the next
sentence), as determined under section 704(a)(1) of the Ethics Reform
Act of 1989. The appropriate date under this sentence is the first day
of the fiscal year in which such adjustment in the rates of pay under
the General Schedule takes effect.
(b) Subsection (a) shall not apply to the extent it would reduce the
salary of any individual whose compensation may not, under section 1 of
article III of the Constitution of the United States, be diminished
during such individual's continuance in office.
(Added Pub. L. 94-82, title II, 205(a)(1), Aug. 9, 1975, 89 Stat.
422; amended Pub. L. 101-194, title VII, 704(a)(2)(A), Nov. 30, 1989,
103 Stat. 1769; Pub. L. 101-509, title V, 529 (title I,
101(b)(4)(J)), Nov. 5, 1990, 104 Stat. 1427, 1440.)
The General Schedule, referred to in subsec. (a), is set out under
section 5332 of Title 5, Government Organization and Employees.
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in
subsec. (a), is section 704(a)(1) of Pub. L. 101-194, which is set out
as a note under section 5318 of Title 5.
1990 -- Subsec. (a). Pub. L. 101-509 substituted ''5303'' for
''5305''.
1989 -- Subsec. (a). Pub. L. 101-194 substituted ''corresponds to
the most recent percentage change in the ECI (relative to the date
described in the next sentence), as determined under section 704(a)(1)
of the Ethics Reform Act of 1989. The appropriate date under this
sentence is the first day of the fiscal year in which such adjustment in
the rates of pay under the General Schedule takes effect'' for
''corresponds to the overall average percentage (as set forth in the
report transmitted to the Congress under such section 5305) of the
adjustments in the rates of pay under such Schedule.''
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 (title III, 305) of Pub. L.
101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
704(b) of Pub. L. 101-194, set out as a note under section 5318 of
Title 5, Government Organization and Employees.
Pub. L. 102-395, title III, 304, Oct. 6, 1992, 106 Stat. 1859,
provided that: ''Pursuant to section 140 of Public Law 97-92 (set out
below), Justices and judges of the United States are authorized during
fiscal year 1993, to receive a salary adjustment in accordance with 28
U.S.C. 461.''
Pub. L. 102-140, title III, 305, Oct. 28, 1991, 105 Stat. 810,
provided that: ''Pursuant to section 140 of Public Law 97-92 (set out
below), Justices and judges of the United States are authorized during
fiscal year 1992, to receive a salary adjustment in accordance with 28
U.S.C. 461.''
Pub. L. 101-520, title III, 321, Nov. 5, 1990, 104 Stat. 2285,
provided that: ''Pursuant to section 140 of Public Law 97-92 (set out
below), Justices and judges of the United States are authorized during
calendar year 1991 to receive a salary adjustment in accordance with 28
U.S.C. section 461.''
Pub. L. 101-194, title VII, 703(a)(3), Nov. 30, 1989, 103 Stat.
1768, set out as a note under section 5318 of Title 5, Government
Organization and Employees, provided that effective the first day of the
first applicable pay period that begins on or after January 1, 1991, the
rate of basic pay for the Chief Justice of the United States, an
associate justice of the Supreme Court of the United States, a judge of
a United States circuit court, a judge of a district court of the United
States, and a judge of the United States Court of International Trade
shall be increased in the amount of 25 percent of their respective rates
(as last in effect before the increase), rounded to the nearest multiple
of $100 (or, if midway between multiples of $100, to the next higher
multiple of $100).
For purposes of section 140 of Pub. L. 97-92 (set out below),
appropriate salary increases were authorized for Federal judges and
Justices of the Supreme Court pursuant to section 702(a) of Pub. L.
101-194 which provided that effective for pay periods beginning on or
after Nov. 30, 1989, the rate of basic pay for any office or position
in the judicial branch of the Government shall be determined as if
section 620(b) of Pub. L. 100-440 (5 U.S.C. 5303 note) and section
619(b) of Pub. L. 101-136 (5 U.S.C. 5303 note) had never been enacted,
see section 702 of Pub. L. 101-194, set out as a note under section
5303 of Title 5.
Pub. L. 100-202, 101(a) (title IV, 406), Dec. 22, 1987, 101 Stat.
1329, 1329-26, provided that: ''Pursuant to section 140 of Public Law
97-92 (set out below), during fiscal year 1988, justices and judges of
the United States shall receive the same percentage increase in salary
accorded to employees paid under the General Schedule (pursuant to 5
U.S.C. 5305).''
Pub. L. 99-500, 101(b) (title IV, 406), Oct. 18, 1986, 100 Stat.
1783-39, 1783-64, and Pub. L. 99-591, 101(b) (title IV, 406), Oct.
30, 1986, 100 Stat. 3341-39, 3341-64, provided that: ''Pursuant to
section 140 of Public Law 97-92 (set out below), during fiscal year
1987, justices and judges of the United States shall receive the same
percentage increase in salary accorded to employees paid under the
General Schedule (pursuant to 5 U.S.C. 5305).''
Pub. L. 99-88, title I, 100, Aug. 15, 1985, 99 Stat. 310, provided
in part that: ''Effective on the first day of the first applicable pay
period commencing on or after January 1, 1985, each rate of pay subject
to adjustment by section 461 of title 28, United States Code, shall be
increased 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 overall percentage of the adjustment taking effect under
section 5305 of title 5, United States Code, in the rates of pay under
the General Schedule during fiscal year 1985.''
Pub. L. 98-369, div. B, title II, 2207, July 18, 1984, 98 Stat.
1060, provided that: ''Effective on the first day of the first
applicable pay period commencing on or after January 1, 1984, each rate
of pay subject to adjustment by section 461 of title 28, United States
Code, shall be increased 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 overall percentage of the adjustment
taking effect under section 5305 of title 5, United States Code, in the
rates of pay under the General Schedule during fiscal year 1984.''
Pub. L. 97-92, 140, Dec. 15, 1981, 95 Stat. 1200, provided that:
''Notwithstanding any other provision of law or of this joint resolution
(Pub. L. 97-92), none of the funds appropriated by this joint resolution
or by any other Act shall be obligated or expended to increase, after
the date of enactment of this joint resolution (Dec. 15, 1981), any
salary of any Federal judge or Justice of the Supreme Court, except as
may be specifically authorized by Act of Congress hereafter enacted:
Provided, That nothing in this limitation shall be construed to reduce
any salary which may be in effect at the time of enactment of this joint
resolution nor shall this limitation be construed in any manner to
reduce the salary of any Federal judge or of any Justice of the Supreme
Court.''
1982 -- Limitations on use of funds for fiscal year ending Sept. 30,
1983, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to or
above level V of the Executive Schedule, see section 101(e) of Pub. L.
97-276, as amended, set out as a note under section 5318 of Title 5,
Government Organization and Employees.
1981 -- Limitations on use of funds for fiscal year ending Sept. 30,
1982, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to or
above level V of the Executive Schedule, see sections 101(g) and 141 of
Pub. L. 97-92, set out as a note under section 5318 of Title 5.
1980 -- Limitations on use of funds for fiscal year ending Sept. 30,
1981, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to or
above level V of the Executive Schedule, see section 101(c) of Pub. L.
96-536, as amended, set out as a note under section 5318 of Title 5.
1979 -- Applicability to funds appropriated by any Act for fiscal
year ending Sept. 30, 1980, of limitation of section 304 of Pub. L.
95-391 on use of funds to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101 of Pub. L. 96-86,
set out as a note under section 5318 of Title 5.
1978 -- Limitations on use of funds for fiscal year ending Sept. 30,
1979, appropriated by any Act to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal or above
level V of the Executive Schedule, see section 304 of Pub. L. 95-391
and section 613 of Pub. L. 95-429, set out as a note under section 5318
of Title 5.
Pub. L. 95-66, 1(3), July 11, 1977, 91 Stat. 270, set out as a note
under section 5318 of Title 5, Government Organization and Employees,
provided that the first adjustment which, but for the enactment of Pub.
L. 95-66, would have been made in the salary and rate of pay of
justices, judges, commissioners, and referees under this section after
July 11, 1977, would not take effect.
28 USC 462. Court accommodations
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Sessions of courts of the United States (except the Supreme
Court) shall be held only at places where the Director of the
Administrative Office of the United States Courts provides
accommodations, or where suitable accommodations are furnished without
cost to the judicial branch.
(b) The Director of the Administrative Office of the United States
Courts shall provide accommodations, including chambers and courtrooms,
only at places where regular sessions of court are authorized by law to
be held, but only if the judicial council of the appropriate circuit has
approved the accommodations as necessary.
(c) The limitations and restrictions contained in subsection (b) of
this section shall not prevent the Director from furnishing chambers to
circuit judges at places within the circuit other than where regular
sessions of court are authorized by law to be held, when the judicial
council of the circuit approves.
(d) The Director of the Administrative Office of the United States
Courts shall provide permanent accommodations for the United States
Court of Appeals for the Federal Circuit and for the United States Court
of Federal Claims only at the District of Columbia. However, each such
court may hold regular and special sessions at other places utilizing
the accommodations which the Director provides to other courts.
(e) The Director of the Administrative Office of the United States
Courts shall provide accommodations for probation officers, pretrial
service officers, and Federal Public Defender Organizations at such
places as may be approved by the judicial council of the appropriate
circuit.
(f) Upon the request of the Director, the Administrator of General
Services is authorized and directed to provide the accommodations the
Director requests, and to close accommodations which the Director
recommends for closure with the approval of the Judicial Conference of
the United States.
(Added Pub. L. 97-164, title I, 115(c)(1), Apr. 2, 1982, 96 Stat.
31; amended Pub. L. 100-702, title X, 1015, Nov. 19, 1988, 102 Stat.
4669; Pub. L. 102-572, title IX, 902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)
1992 -- Subsec. (d). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1988 -- Subsec. (c). Pub. L. 100-702 substituted ''within the
circuit other than where regular sessions of court are authorized by law
to be held,'' for ''where Federal facilities are available''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC 463. Expenses of litigation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Whenever a Chief Justice, justice, judge, officer, or employee of any
United States court is sued in his official capacity, or is otherwise
required to defend acts taken or omissions made in his official
capacity, and the services of an attorney for the Government are not
reasonably available pursuant to chapter 31 of this title, the Director
of the Administrative Office of the United States Courts may pay the
costs of his defense. The Director shall prescribe regulations for such
payments subject to the approval of the Judicial Conference of the
United States.
(Added Pub. L. 97-164, title I, 116(a), Apr. 2, 1982, 96 Stat. 32.)
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC CHAPTER 23 -- CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
471. Requirement for a district court civil justice expense and
delay reduction plan.
472. Development and implementation of a civil justice expense and
delay reduction plan.
473. Content of civil justice expense and delay reduction plans.
474. Review of district court action.
475. Periodic district court assessment.
476. Enhancement of judicial information dissemination.
477. Model civil justice expense and delay reduction plan.
478. Advisory groups.
479. Information on litigation management and cost and delay
reduction.
480. Training programs.
481. Automated case information.
482. Definitions.
28 USC 471. Requirement for a district court civil justice expense and
delay reduction plan
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
There shall be implemented by each United States district court, in
accordance with this chapter, a civil justice expense and delay
reduction plan. The plan may be a plan developed by such district court
or a model plan developed by the Judicial Conference of the United
States. The purposes of each plan are to facilitate deliberate
adjudication of civil cases on the merits, monitor discovery, improve
litigation management, and ensure just, speedy, and inexpensive
resolutions of civil disputes.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5090; amended Pub. L. 102-198, 2(1), Dec. 9, 1991, 105 Stat. 1623.)
1991 -- Pub. L. 102-198 substituted ''this chapter'' for ''this
title''.
Section 102 of Pub. L. 101-650 provided that: ''The Congress makes
the following findings:
''(1) The problems of cost and delay in civil litigation in any
United States district court must be addressed in the context of the
full range of demands made on the district court's resources by both
civil and criminal matters.
''(2) The courts, the litigants, the litigants' attorneys, and the
Congress and the executive branch, share responsibility for cost and
delay in civil litigation and its impact on access to the courts,
adjudication of cases on the merits, and the ability of the civil
justice system to provide proper and timely judicial relief for
aggrieved parties.
''(3) The solutions to problems of cost and delay must include
significant contributions by the courts, the litigants, the litigants'
attorneys, and by the Congress and the executive branch.
''(4) In identifying, developing, and implementing solutions to
problems of cost and delay in civil litigation, it is necessary to
achieve a method of consultation so that individual judicial officers,
litigants, and litigants' attorneys who have developed techniques for
litigation management and cost and delay reduction can effectively and
promptly communicate those techniques to all participants in the civil
justice system.
''(5) Evidence suggests that an effective litigation management and
cost and delay reduction program should incorporate several interrelated
principles, including --
''(A) the differential treatment of cases that provides for
individualized and specific management according to their needs,
complexity, duration, and probable litigation careers;
''(B) early involvement of a judicial officer in planning the
progress of a case, controlling the discovery process, and scheduling
hearings, trials, and other litigation events;
''(C) regular communication between a judicial officer and attorneys
during the pretrial process; and
''(D) utilization of alternative dispute resolution programs in
appropriate cases.
''(6) Because the increasing volume and complexity of civil and
criminal cases imposes increasingly heavy workload burdens on judicial
officers, clerks of court, and other court personnel, it is necessary to
create an effective administrative structure to ensure ongoing
consultation and communication regarding effective litigation management
and cost and delay reduction principles and techniques.''
Section 103(b), (c) of Pub. L. 101-650, as amended by Pub. L.
102-572, title V, 505, Oct. 29, 1992, 106 Stat. 4513, provided that:
''(b) Implementation. -- (1) Except as provided in section 105 of
this Act (set out below), each United States district court shall,
within three years after the date of the enactment of this title (Dec.
1, 1990), implement a civil justice expense and delay reduction plan
under section 471 of title 28, United States Code, as added by
subsection (a).
''(2) The requirements set forth in sections 471 through 478 of title
28, United States Code, as added by subsection (a), shall remain in
effect for seven years after the date of the enactment of this title.
''(c) Early Implementation District Courts. --
''(1) Any United States district court that, no earlier than June 30,
1991, and no later than December 31, 1991, develops and implements a
civil justice expense and delay reduction plan under chapter 23 of title
28, United States Code, as added by subsection (a), shall be designated
by the Judicial Conference of the United States as an Early
Implementation District Court.
''(2) The chief judge of a district so designated may apply to the
Judicial Conference for additional resources, including technological
and personnel support and information systems, necessary to implement
its civil justice expense and delay reduction plan. The Judicial
Conference may provide such resources out of funds appropriated pursuant
to section 106(a) (Pub. L. 101-650, title I, Dec. 1, 1990, 104 Stat.
5098).
''(3) Within 18 months after the date of the enactment of this title
(Dec. 1, 1990), the Judicial Conference shall prepare a report on the
plans developed and implemented by the Early Implementation District
Courts.
''(4) The Director of the Administrative Office of the United States
Courts shall transmit to the United States district courts and to the
Committees on the Judiciary of the Senate and House of Representatives
--
''(A) copies of the plans developed and implemented by the Early
Implementation District Courts;
''(B) summaries of the reports submitted by such district courts
pursuant to section 472(d) of title 28, United States Code, as added by
subsection (a); and
''(C) the report prepared in accordance with paragraph (3) of this
subsection.''
Section 104 of Pub. L. 101-650 provided that:
''(a) In General. -- (1) During the 4-year period beginning on
January 1, 1991, the Judicial Conference of the United States shall
conduct a demonstration program in accordance with subsection (b).
''(2) A district court participating in the demonstration program may
also be an Early Implementation District Court under section 103(c) (set
out above).
''(b) Program Requirement. -- (1) The United States District Court
for the Western District of Michigan and the United States District
Court for the Northern District of Ohio shall experiment with systems of
differentiated case management that provide specifically for the
assignment of cases to appropriate processing tracks that operate under
distinct and explicit rules, procedures, and timeframes for the
completion of discovery and for trial.
''(2) The United States District Court for the Northern District of
California, the United States District Court for the Northern District
of West Virginia, and the United States District Court for the Western
District of Missouri shall experiment with various methods of reducing
cost and delay in civil litigation, including alternative dispute
resolution, that such district courts and the Judicial Conference of the
United States shall select.
''(c) Study of Results. -- The Judicial Conference of the United
States, in consultation with the Director of the Federal Judicial Center
and the Director of the Administrative Office of the United States
Courts, shall study the experience of the district courts under the
demonstration program.
''(d) Report. -- Not later than December 31, 1995, the Judicial
Conference of the United States shall transmit to the Committees on the
Judiciary of the Senate and the House of Representatives a report of the
results of the demonstration program.''
Section 105 of Pub. L. 101-650 provided that:
''(a) In General. -- (1) During the 4-year period beginning on
January 1, 1991, the Judicial Conference of the United States shall
conduct a pilot program in accordance with subsection (b).
''(2) A district court participating in the pilot program shall be
designated as an Early Implementation District Court under section
103(c) (set out above).
''(b) Program Requirements. -- (1) Ten district courts (in this
section referred to as 'Pilot Districts') designated by the Judicial
Conference of the United States shall implement expense and delay
reduction plans under chapter 23 of title 28, United States Code (as
added by section 103(a)), not later than December 31, 1991. In addition
to complying with all other applicable provisions of chapter 23 of title
28, United States Code (as added by section 103(a)), the expense and
delay reduction plans implemented by the Pilot Districts shall include
the 6 principles and guidelines of litigation management and cost and
delay reduction identified in section 473(a) of title 28, United States
Code.
''(2) At least 5 of the Pilot Districts designated by the Judicial
Conference shall be judicial districts encompassing metropolitan areas.
''(3) The expense and delay reduction plans implemented by the Pilot
Districts shall remain in effect for a period of 3 years. At the end of
that 3-year period, the Pilot Districts shall no longer be required to
include, in their expense and delay reduction plans, the 6 principles
and guidelines of litigation management and cost and delay reduction
described in paragraph (1).
''(c) Program Study Report. -- (1) Not later than December 31, 1995,
the Judicial Conference shall submit to the Committees on the Judiciary
of the Senate and House of Representatives a report on the results of
the pilot program under this section that includes an assessment of the
extent to which costs and delays were reduced as a result of the
program. The report shall compare those results to the impact on costs
and delays in ten comparable judicial districts for which the
application of section 473(a) of title 28, United States Code, had been
discretionary. That comparison shall be based on a study conducted by
an independent organization with expertise in the area of Federal court
management.
''(2)(A) The Judicial Conference shall include in its report a
recommendation as to whether some or all district courts should be
required to include, in their expense and delay reduction plans, the 6
principles and guidelines of litigation management and cost and delay
reduction identified in section 473(a) of title 28, United States Code.
''(B) If the Judicial Conference recommends in its report that some
or all district courts be required to include such principles and
guidelines in their expense and delay reduction plans, the Judicial
Conference shall initiate proceedings for the prescription of rules
implementing its recommendation, pursuant to chapter 131 of title 28,
United States Code.
''(C) If in its report the Judicial Conference does not recommend an
expansion of the pilot program under subparagraph (A), the Judicial
Conference shall identify alternative, more effective cost and delay
reduction programs that should be implemented in light of the findings
of the Judicial Conference in its report, and the Judicial Conference
may initiate proceedings for the prescription of rules implementing its
recommendation, pursuant to chapter 131 of title 28, United States
Code.''
28 USC 472. Development and implementation of a civil justice expense
and delay reduction plan
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The civil justice expense and delay reduction plan implemented by
a district court shall be developed or selected, as the case may be,
after consideration of the recommendations of an advisory group
appointed in accordance with section 478 of this title.
(b) The advisory group of a United States district court shall submit
to the court a report, which shall be made available to the public and
which shall include --
(1) an assessment of the matters referred to in subsection (c)(1);
(2) the basis for its recommendation that the district court develop
a plan or select a model plan;
(3) recommended measures, rules and programs; and
(4) an explanation of the manner in which the recommended plan
complies with section 473 of this title.
(c)(1) In developing its recommendations, the advisory group of a
district court shall promptly complete a thorough assessment of the
state of the court's civil and criminal dockets. In performing the
assessment for a district court, the advisory group shall --
(A) determine the condition of the civil and criminal dockets;
(B) identify trends in case filings and in the demands being placed
on the court's resources;
(C) identify the principal causes of cost and delay in civil
litigation, giving consideration to such potential causes as court
procedures and the ways in which litigants and their attorneys approach
and conduct litigation; and
(D) examine the extent to which costs and delays could be reduced by
a better assessment of the impact of new legislation on the courts.
(2) In developing its recommendations, the advisory group of a
district court shall take into account the particular needs and
circumstances of the district court, litigants in such court, and the
litigants' attorneys.
(3) The advisory group of a district court shall ensure that its
recommended actions include significant contributions to be made by the
court, the litigants, and the litigants' attorneys toward reducing cost
and delay and thereby facilitating access to the courts.
(d) The chief judge of the district court shall transmit a copy of
the plan implemented in accordance with subsection (a) and the report
prepared in accordance with subsection (b) of this section to --
(1) the Director of the Administrative Office of the United States
Courts;
(2) the judicial council of the circuit in which the district court
is located; and
(3) the chief judge of each of the other United States district
courts located in such circuit.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5090.)
28 USC 473. Content of civil justice expense and delay reduction plans
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) In formulating the provisions of its civil justice expense and
delay reduction plan, each United States district court, in consultation
with an advisory group appointed under section 478 of this title, shall
consider and may include the following principles and guidelines of
litigation management and cost and delay reduction:
(1) systematic, differential treatment of civil cases that tailors
the level of individualized and case specific management to such
criteria as case complexity, the amount of time reasonably needed to
prepare the case for trial, and the judicial and other resources
required and available for the preparation and disposition of the case;
(2) early and ongoing control of the pretrial process through
involvement of a judicial officer in --
(A) assessing and planning the progress of a case;
(B) setting early, firm trial dates, such that the trial is scheduled
to occur within eighteen months after the filing of the complaint,
unless a judicial officer certifies that --
(i) the demands of the case and its complexity make such a trial date
incompatible with serving the ends of justice; or
(ii) the trial cannot reasonably be held within such time because of
the complexity of the case or the number or complexity of pending
criminal cases;
(C) controlling the extent of discovery and the time for completion
of discovery, and ensuring compliance with appropriate requested
discovery in a timely fashion; and
(D) setting, at the earliest practicable time, deadlines for filing
motions and a time framework for their disposition;
(3) for all cases that the court or an individual judicial officer
determines are complex and any other appropriate cases, careful and
deliberate monitoring through a discovery-case management conference or
a series of such conferences at which the presiding judicial officer --
(A) explores the parties' receptivity to, and the propriety of,
settlement or proceeding with the litigation;
(B) identifies or formulates the principal issues in contention and,
in appropriate cases, provides for the staged resolution or bifurcation
of issues for trial consistent with Rule 42(b) of the Federal Rules of
Civil Procedure;
(C) prepares a discovery schedule and plan consistent with any
presumptive time limits that a district court may set for the completion
of discovery and with any procedures a district court may develop to --
(i) identify and limit the volume of discovery available to avoid
unnecessary or unduly burdensome or expensive discovery; and
(ii) phase discovery into two or more stages; and
(D) sets, at the earliest practicable time, deadlines for filing
motions and a time framework for their disposition;
(4) encouragement of cost-effective discovery through voluntary
exchange of information among litigants and their attorneys and through
the use of cooperative discovery devices;
(5) conservation of judicial resources by prohibiting the
consideration of discovery motions unless accompanied by a certification
that the moving party has made a reasonable and good faith effort to
reach agreement with opposing counsel on the matters set forth in the
motion; and
(6) authorization to refer appropriate cases to alternative dispute
resolution programs that --
(A) have been designated for use in a district court; or
(B) the court may make available, including mediation, minitrial, and
summary jury trial.
(b) In formulating the provisions of its civil justice expense and
delay reduction plan, each United States district court, in consultation
with an advisory group appointed under section 478 of this title, shall
consider and may include the following litigation management and cost
and delay reduction techniques:
(1) a requirement that counsel for each party to a case jointly
present a discovery-case management plan for the case at the initial
pretrial conference, or explain the reasons for their failure to do so;
(2) a requirement that each party be represented at each pretrial
conference by an attorney who has the authority to bind that party
regarding all matters previously identified by the court for discussion
at the conference and all reasonably related matters;
(3) a requirement that all requests for extensions of deadlines for
completion of discovery or for postponement of the trial be signed by
the attorney and the party making the request;
(4) a neutral evaluation program for the presentation of the legal
and factual basis of a case to a neutral court representative selected
by the court at a nonbinding conference conducted early in the
litigation;
(5) a requirement that, upon notice by the court, representatives of
the parties with authority to bind them in settlement discussions be
present or available by telephone during any settlement conference; and
(6) such other features as the district court considers appropriate
after considering the recommendations of the advisory group referred to
in section 472(a) of this title.
(c) Nothing in a civil justice expense and delay reduction plan
relating to the settlement authority provisions of this section shall
alter or conflict with the authority of the Attorney General to conduct
litigation on behalf of the United States, or any delegation of the
Attorney General.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5091.)
The Federal Rules of Civil Procedure, referred to in subsec.
(a)(3)(B), are set out in the Appendix to this title.
28 USC 474. Review of district court action
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) The chief judge of each district court in a circuit and the
chief judge of the circuit shall, as a committee --
(A) review each plan and report submitted pursuant to section 472(d)
of this title; and
(B) make such suggestions for additional actions or modified actions
of that district court as the committee considers appropriate for
reducing cost and delay in civil litigation in the district court.
(2) The chief judge of a circuit may designate another judge of the
court of appeals of that circuit, and the chief judge of a district
court may designate another judge of such court, to perform that chief
judge's responsibilities under paragraph (1) of this subsection.
(b) The Judicial Conference of the United States --
(1) shall review each plan and report submitted by a district court
pursuant to section 472(d) of this title; and
(2) may request the district court to take additional action if the
Judicial Conference determines that such court has not adequately
responded to the conditions relevant to the civil and criminal dockets
of the court or to the recommendations of the district court's advisory
group.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5093; amended Pub. L. 102-198, 2(2), Dec. 9, 1991, 105 Stat. 1623.)
1991 -- Subsec. (a)(1). Pub. L. 102-198, 2(2)(A), substituted
''chief judge'' for ''chief judges'' and struck out ''court of appeals
for such'' after ''judge of the'' in introductory provisions.
Subsec. (a)(2). Pub. L. 102-198, 2(2)(B), substituted ''circuit may
designate another judge of the court of appeals of that circuit,'' for
''court of appeals'' and ''court, to perform that'' for ''court to
perform the''.
28 USC 475. Periodic district court assessment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
After developing or selecting a civil justice expense and delay
reduction plan, each United States district court shall assess annually
the condition of the court's civil and criminal dockets with a view to
determining appropriate additional actions that may be taken by the
court to reduce cost and delay in civil litigation and to improve the
litigation management practices of the court. In performing such
assessment, the court shall consult with an advisory group appointed in
accordance with section 478 of this title.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5093.)
28 USC 476. Enhancement of judicial information dissemination
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director of the Administrative Office of the United States
Courts shall prepare a semiannual report, available to the public, that
discloses for each judicial officer --
(1) the number of motions that have been pending for more than six
months and the name of each case in which such motion has been pending;
(2) the number of bench trials that have been submitted for more than
six months and the name of each case in which such trials are under
submission; and
(3) the number and names of cases that have not been terminated
within three years after filing.
(b) To ensure uniformity of reporting, the standards for
categorization or characterization of judicial actions to be prescribed
in accordance with section 481 of this title shall apply to the
semiannual report prepared under subsection (a).
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5093.)
28 USC 477. Model civil justice expense and delay reduction plan
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) Based on the plans developed and implemented by the United
States district courts designated as Early Implementation District
Courts pursuant to section 103(c) of the Civil Justice Reform Act of
1990, the Judicial Conference of the United States may develop one or
more model civil justice expense and delay reduction plans. Any such
model plan shall be accompanied by a report explaining the manner in
which the plan complies with section 473 of this title.
(2) The Director of the Federal Judicial Center and the Director of
the Administrative Office of the United States Courts may make
recommendations to the Judicial Conference regarding the development of
any model civil justice expense and delay reduction plan.
(b) The Director of the Administrative Office of the United States
Courts shall transmit to the United States district courts and to the
Committees on the Judiciary of the Senate and the House of
Representatives copies of any model plan and accompanying report.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5094.)
Section 103(c) of the Civil Justice Reform Act of 1990 (Pub. L.
101-650), referred to in subsec. (a)(1), is set out as a note under
section 471 of this title.
28 USC 478. Advisory groups
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Within ninety days after the date of the enactment of this
chapter, the advisory group required in each United States district
court in accordance with section 472 of this title shall be appointed by
the chief judge of each district court, after consultation with the
other judges of such court.
(b) The advisory group of a district court shall be balanced and
include attorneys and other persons who are representative of major
categories of litigants in such court, as determined by the chief judge
of such court.
(c) Subject to subsection (d), in no event shall any member of the
advisory group serve longer than four years.
(d) Notwithstanding subsection (c), the United States Attorney for a
judicial district, or his or her designee, shall be a permanent member
of the advisory group for that district court.
(e) The chief judge of a United States district court may designate a
reporter for each advisory group, who may be compensated in accordance
with guidelines established by the Judicial Conference of the United
States.
(f) The members of an advisory group of a United States district
court and any person designated as a reporter for such group shall be
considered as independent contractors of such court when in the
performance of official duties of the advisory group and may not, solely
by reason of service on or for the advisory group, be prohibited from
practicing law before such court.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5094.)
The date of the enactment of this chapter, referred to in subsec.
(a), is the date of enactment of Pub. L. 101-650, which was approved
Dec. 1, 1990.
28 USC 479. Information on litigation management and cost and delay
reduction
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Within four years after the date of the enactment of this
chapter, the Judicial Conference of the United States shall prepare a
comprehensive report on all plans received pursuant to section 472(d) of
this title. The Director of the Federal Judicial Center and the
Director of the Administrative Office of the United States Courts may
make recommendations regarding such report to the Judicial Conference
during the preparation of the report. The Judicial Conference shall
transmit copies of the report to the United States district courts and
to the Committees on the Judiciary of the Senate and the House of
Representatives.
(b) The Judicial Conference of the United States shall, on a
continuing basis --
(1) study ways to improve litigation management and dispute
resolution services in the district courts; and
(2) make recommendations to the district courts on ways to improve
such services.
(c)(1) The Judicial Conference of the United States shall prepare,
periodically revise, and transmit to the United States district courts a
Manual for Litigation Management and Cost and Delay Reduction. The
Director of the Federal Judicial Center and the Director of the
Administrative Office of the United States Courts may make
recommendations regarding the preparation of and any subsequent
revisions to the Manual.
(2) The Manual shall be developed after careful evaluation of the
plans implemented under section 472 of this title, the demonstration
program conducted under section 104 of the Civil Justice Reform Act of
1990, and the pilot program conducted under section 105 of the Civil
Justice Reform Act of 1990.
(3) The Manual shall contain a description and analysis of the
litigation management, cost and delay reduction principles and
techniques, and alternative dispute resolution programs considered most
effective by the Judicial Conference, the Director of the Federal
Judicial Center, and the Director of the Administrative Office of the
United States Courts.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5095.)
The date of the enactment of this chapter, referred to in subsec.
(a), is the date of enactment of Pub. L. 101-650, which was approved
Dec. 1, 1990.
Sections 104 and 105 of the Civil Justice Reform Act of 1990 (Pub.
L. 101-650), referred to in subsec. (c)(2), are set out as notes under
section 471 of this title.
28 USC 480. Training programs
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Director of the Federal Judicial Center and the Director of the
Administrative Office of the United States Courts shall develop and
conduct comprehensive education and training programs to ensure that all
judicial officers, clerks of court, courtroom deputies, and other
appropriate court personnel are thoroughly familiar with the most recent
available information and analyses about litigation management and other
techniques for reducing cost and expediting the resolution of civil
litigation. The curriculum of such training programs shall be
periodically revised to reflect such information and analyses.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5095.)
28 USC 481. Automated case information
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director of the Administrative Office of the United States
Courts shall ensure that each United States district court has the
automated capability readily to retrieve information about the status of
each case in such court.
(b)(1) In carrying out subsection (a), the Director shall prescribe
--
(A) the information to be recorded in district court automated
systems; and
(B) standards for uniform categorization or characterization of
judicial actions for the purpose of recording information on judicial
actions in the district court automated systems.
(2) The uniform standards prescribed under paragraph (1)(B) of this
subsection shall include a definition of what constitutes a dismissal of
a case and standards for measuring the period for which a motion has
been pending.
(c) Each United States district court shall record information as
prescribed pursuant to subsection (b) of this section.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5095.)
28 USC 482. Definitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in this chapter, the term ''judicial officer'' means a United
States district court judge or a United States magistrate.
(Added Pub. L. 101-650, title I, 103(a), Dec. 1, 1990, 104 Stat.
5096.)
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
28 USC PART II -- DEPARTMENT OF JUSTICE
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Chap. Sec.
31. The Attorney General 501
33. Federal Bureau of Investigation 531
35. United States Attorneys 541
37. United States Marshals 561
39. United States Trustees 581
40. Independent Counsel 591
1986 -- Pub. L. 99-554, title I, 144(g)(2), Oct. 27, 1986, 100
Stat. 3097, substituted ''40'' for ''39'' in item relating to
Independent Counsel.
1983 -- Pub. L. 97-409, 2(a)(2), Jan. 3, 1983, 96 Stat. 2039,
substituted ''Independent Counsel'' for ''Special Prosecutor'' in item
for second chapter 39.
1978 -- Pub. L. 95-598, title II, 224(b), Nov. 6, 1978, 92 Stat.
2664, added item for chapter 39, ''United States Trustees'', effective
Oct. 1, 1979.
Pub. L. 95-521, title VI, 601(b), Oct. 26, 1978, 92 Stat. 1873,
added item for chapter 39 ''Special Prosecutor''.
1966 -- Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 611, added
items for chapters 31 and 33 and redesignated items for former chapters
31 and 33 as 35 and 37, respectively.
28 USC CHAPTER 31 -- THE ATTORNEY GENERAL
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
501. Executive department.
502. Seal.
503. Attorney General.
504. Deputy Attorney General.
504a. Associate Attorney General.
505. Solicitor General.
506. Assistant Attorneys General.
507. Assistant Attorney General for Administration.
508. Vacancies.
509. Functions of the Attorney General.
510. Delegation of authority.
511. Attorney General to advise the President.
512. Attorney General to advise heads of executive departments.
513. Attorney General to advise Secretaries of military departments.
514. Legal services on pending claims in departments and agencies.
515. Authority for legal proceedings; commission, oath, and salary
for special attorneys.
516. Conduct of litigation reserved to Department of Justice.
517. Interests of United States in pending suits.
518. Conduct and argument of cases.
519. Supervision of litigation.
520. Transmission of petitions in United States Court of Federal
Claims or in United States Court of Appeals for the Federal Circuit;
statement furnished by departments.
521. Publication and distribution of opinions.
522. Report of business and statistics.
523. Requisitions.
524. Availability of appropriations.
525. Procurement of law books, reference books, and periodicals;
sale and exchange.
526. Authority of the Attorney General to investigate United States
attorneys, marshals, and trustees, clerks of court, and others.
527. Establishment of working capital fund.
528. Disqualification of officers and employees of the Department of
Justice.
529. Annual report of Attorney General.
530. Payment of travel and transportation expenses of newly
appointed special agents.
530A. Authorization of appropriations for travel and related
expenses and for health care of personnel serving abroad.
1992 -- Pub. L. 102-572, title IX, 902(b)(1), Oct. 29, 1992, 106
Stat. 4516, substituted ''United States Court of Federal Claims'' for
''United States Claims Court'' in item 520.
1988 -- Pub. L. 100-690, title VI, 6281(b), Nov. 18, 1988, 102
Stat. 4369, added item 530A.
1983 -- Pub. L. 98-86, 2, Aug. 26, 1983, 97 Stat. 492, added item
530.
1982 -- Pub. L. 97-258, 2(g)(1)(A), Sept. 13, 1982, 96 Stat.
1060, substituted ''Availability of appropriations'' for
''Appropriations for administrative expenses; notarial fees; meals and
lodging of bailiffs'' in item 524.
Pub. L. 97-164, title I, 118(b), Apr. 2, 1982, 96 Stat. 33,
substituted ''United States Claims Court or in United States Court of
Appeals for the Federal Circuit'' for ''Court of Claims'' in item 520.
1978 -- Pub. L. 95-598, title II, 219(c), Nov. 6, 1978, 92 Stat.
2662, inserted reference to trustees in item 526.
Pub. L. 95-521, title VI, 603(b), Oct. 26, 1978, 92 Stat. 1875,
added items 528 and 529.
1977 -- Pub. L. 95-139, 1(b), Oct. 19, 1977, 91 Stat. 1171, added
item 504a.
1975 -- Pub. L. 93-613, 1(2), Jan. 2, 1975, 88 Stat. 1975, added
item 527.
1966 -- Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 611,
substituted ''THE ATTORNEY GENERAL'' for ''UNITED STATES ATTORNEYS'' in
chapter heading, ''Executive Department'' for ''Appointment of United
States attorneys'' in item 501, ''Seal'' for ''Appointment of assistant
United States attorneys'' in item 502, ''Attorney General'' for
''Appointment of attorneys'' in item 503, ''Deputy Attorney General''
for ''Tenure and oath of office; removal'' in item 504, ''Solicitor
General'' for ''Residence'' in item 505, ''Assistant Attorney General''
for ''Vacancies'' in item 506, ''Assistant Attorney General for
Administration'' for ''Duties; supervision by Attorney General'' in
item 507, ''Vacancies'' for ''Salaries'' in item 508, ''Functions of the
Attorney General'' for ''Expenses'' in item 509, ''Delegation of
authority'' for ''Clerical assistants and messengers'' in item 510, and
added items 511 to 526.
title 42 section 7192.
28 USC 501. Executive department
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Department of Justice is an executive department of the United
States at the seat of Government.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 611.)
The words ''There shall be'', referring to the establishment of the
Department, are omitted as executed.
A prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909;
Mar. 18, 1959, Pub. L. 86-3, 11(a), 73 Stat. 9, which related to
appointment of United States attorneys, was repealed by Pub. L.
89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in section
541 of this title by section 4(c) of Pub. L. 89-554.
Pub. L. 94-503, title II, 204, Oct. 15, 1976, 90 Stat. 2427,
provided that: ''No sums shall be deemed to be authorized to be
appropriated for any fiscal year beginning on or after October 1, 1978,
for the Department of Justice (including any bureau, agency, or other
similar subdivision thereof) except as specifically authorized by Act of
Congress with respect to such fiscal year. Neither the creation of a
subdivision in the Department of Justice, nor the authorization of an
activity of the Department, any subdivision, or officer thereof, shall
be deemed in itself to be an authorization of appropriations for the
Department of Justice, such subdivision, or activity, with respect to
any fiscal year beginning on or after October 1, 1978.''
28 USC 502. Seal
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General shall have a seal for the Department of Justice.
The design of the seal is subject to the approval of the President.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 611.)
The section is rewritten to conform to other statutes authorizing
departmental seals. The words ''The seal heretofore provided for the
office of the Attorney General shall be'' are omitted as obsolete.
A prior section 502, act June 25, 1948, ch. 646, 62 Stat. 909,
which related to appointment of assistant United States attorneys, was
repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and
reenacted in section 542 of this title by section 4(c) of Pub. L.
89-554.
28 USC 503. Attorney General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The President shall appoint, by and with the advice and consent of
the Senate, an Attorney General of the United States. The Attorney
General is the head of the Department of Justice.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612.)
The words ''The President shall appoint, by and with the advice and
consent of the Senate'' have been added to conform the section with the
Constitution. See article II, section 2, clause 2.
A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909,
which related to appointment of attorneys to assist United States
attorneys, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 633, and reenacted in section 543 of this title by section 4(c)
of Pub. L. 89-554.
Pub. L. 93-178, 2, Dec. 10, 1973, 87 Stat. 697, provided that:
''(a) Any person aggrieved by an action of the Attorney General may
bring a civil action in the appropriate district court to contest the
constitutionality of the appointment and continuance in office of the
Attorney General on the ground that such appointment and continuance in
office is in violation of article I, section 6, clause 2, of the
Constitution. The United States district courts shall have exclusive
jurisdiction, without regard to the sum or value of the matter in
controversy, to determine the validity of such appointment and
continuance in office.
''(b) Any action brought under this section shall be heard and
determined by a panel of three judges in accordance with the provisions
of section 2284 of title 28, United States Code. Any appeal from the
action of a court convened pursuant to such section shall lie to the
Supreme Court.
''(c) Any judge designated to hear any action brought under this
section shall cause such action to be in every way expedited.''
Compensation of Attorney General, see section 5312 of Title 5,
Government Organization and Employees.
Office of Justice Programs, see section 3711 of Title 42, The Public
Health and Welfare.
28 USC 504. Deputy Attorney General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The President may appoint, by and with the advice and consent of the
Senate, a Deputy Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612.)
The words ''may appoint'' are substituted for ''is authorized to
appoint''. So much of the Act of Mar. 3, 1903, as relates to pay is
omitted as superseded by 303(c) of the Act of Aug. 14, 1964, Pub. L.
88-426, 78 Stat. 416, which is codified in section 5314 of title 5,
United States Code.
A prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909;
Mar. 18, 1959, Pub. L. 86-3, 11(b), 73 Stat. 9, which related to
tenure and oath of office of United States attorneys, was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in
sections 541 and 544 of this title by section 4(c) of Pub. L. 89-554.
Compensation of Deputy Attorney General, see section 5313 of Title 5,
Government Organization and Employees.
28 USC 504a. Associate Attorney General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The President may appoint, by and with the advice and consent of the
Senate, an Associate Attorney General.
(Added Pub. L. 95-139, 1(a), Oct. 19, 1977, 91 Stat. 1171.)
Compensation of Associate Attorney General, see section 5314 of Title
5, Government Organization and Employees.
28 USC 505. Solicitor General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The President shall appoint in the Department of Justice, by and with
the advice and consent of the Senate, a Solicitor General, learned in
the law, to assist the Attorney General in the performance of his
duties.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612.)
So much of R.S. 347 as relates to the pay of the Solicitor General
is omitted as superseded by 303(c) of the Act of Aug. 14, 1964, Pub.
L. 88-426, 78 Stat. 416, which is codified in section 5314 of title 5,
United States Code.
A prior section 505, act June 25, 1948, ch. 646, 62 Stat. 909,
which related to residence of United States attorneys, was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in
section 545 of this title by section 4(c) of Pub. L. 89-554.
Compensation of Solicitor General, see section 5314 of Title 5,
Government Organization and Employees.
28 USC 506. Assistant Attorneys General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The President shall appoint, by and with the advice and consent of
the Senate, ten Assistant Attorneys General, who shall assist the
Attorney General in the performance of his duties.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612; amended
Pub. L. 95-598, title II, 218, Nov. 6, 1978, 92 Stat. 2662.)
The words ''There shall be in the Department of Justice'' are omitted
as unnecessary as the title of the positions establishes their location
in the Department of Justice.
The position of sixth Assistant Attorney General, referred to in the
Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent position
by the Act of Mar. 4, 1915, ch. 141, 6, 38 Stat. 1049.
The number of Assistant Attorneys General referred to in the Act of
Mar. 2, 1943, is changed from ''six'' to ''nine'' to reflect the three
additional Assistant Attorneys General authorized by 1950 Reorg. Plan
No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9, 1957.
The words ''learned in the law'' are omitted as unnecessary. Such a
requirement is not made of the Attorney General, United States
attorneys, or United States judges. (See reviser's note under 28 U.S.C.
501, 1964 ed.)
The reference in former section 295 of title 5 to the Assistant
Attorneys General assisting the Solicitor General are omitted on
authority of the transfer of functions made by 1950 Reorg. Plan No. 2
and 1953 Reorg. Plan No. 4.
Provisions of 1950 Reorg. Plan No. 2, 4, and 1953 Reorg. Plan No.
4, 2, abolishing positions and transferring incumbents are omitted as
executed.
Provisions relating to pay of Assistant Attorneys General are omitted
as superseded by 303(d) of the Act of August 14, 1964, Pub. L. 88-426,
78 Stat. 418, which is codified in section 5315 of title 5, United
States Code.
A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909,
which related to vacancies in the office of United States attorney, was
repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and
reenacted in section 546 of this title by section 4(c) of Pub. L.
89-554.
1978 -- Pub. L. 95-598 substituted ''ten'' for ''nine''.
Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Compensation of Assistant Attorneys General, see section 5315 of
Title 5, Government Organization and Employees.
28 USC 507. Assistant Attorney General for Administration
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General shall appoint, with the approval of the
President, an Assistant Attorney General for Administration, who shall
perform such duties as the Attorney General may prescribe.
(b) The position of Assistant Attorney General for Administration is
in the competitive service.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612.)
The title of the position was changed to ''Assistant Attorney General
for Administration'' by 307 of the Act of Aug. 14, 1964, Pub. L.
88-426, 78 Stat. 432.
The words ''competitive service'' are substituted for ''classified
civil service'' because the term ''classified civil service'' formerly
used to designate the merit system established by the Civil Service Act
of 1883 has become ambiguous due to the creation of the ''classified''
pay system. The term ''competitive service'' is now customarily used,
and appears throughout title 5, United States Code, in place of
''classified civil service''.
The words ''There shall be in the Department of Justice'' are omitted
as unnecessary as the title of the position and the fact of appointment
by the Attorney General establish the location of the position in the
Department of Justice.
The last 12 words of section 5 of the Reorganization Plan are omitted
on authority of the Act of June 5, 1952, ch. 369, 1101 (3d proviso),
66 Stat. 121. The salary of the position is now fixed by 303(e) of the
Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 420, which is codified
in section 5316 of title 5, United States Code.
A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910;
May 24, 1949, ch. 139, 71, 63 Stat. 100, which related to duties of
United States attorneys, and to supervision by the Attorney General, was
repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and
reenacted in sections 509 and 547 of this title by section 4(c) of Pub.
L. 89-554.
Compensation of Assistant Attorney General for Administration, see
section 5316 of Title 5, Government Organization and Employees.
28 USC 508. Vacancies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) In case of a vacancy in the office of Attorney General, or of his
absence or disability, the Deputy Attorney General may exercise all the
duties of that office, and for the purpose of section 3345 of title 5
the Deputy Attorney General is the first assistant to the Attorney
General.
(b) When by reason of absence, disability, or vacancy in office,
neither the Attorney General nor the Deputy Attorney General is
available to exercise the duties of the office of Attorney General, the
Associate Attorney General shall act as Attorney General. The Attorney
General may designate the Solicitor General and the Assistant Attorneys
General, in further order of succession, to act as Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612; amended
Pub. L. 95-139, 2, Oct. 19, 1977, 91 Stat. 1171.)
The last sentence of R.S. 347 is cited as authority inasmuch as the
function contained therein was the function transferred to the Deputy
Attorney General by 1953 Reorg. Plan No. 4. The word ''may'' is
substituted for ''have the power''. The words ''During any period of
time'' are omitted as unnecessary.
A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910;
Mar. 2, 1955, ch. 9, 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L.
87-793, 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426, title
III, 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88-631, 3(b),
78 Stat. 1008, which related to salaries of United States attorneys,
assistant United States attorneys, and special attorneys was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in
section 548 of this title by section 4(c) of Pub. L. 89-554.
1977 -- Subsec. (b). Pub. L. 95-139 substituted ''the Associate
Attorney General shall act as Attorney General. The Attorney General
may designate the Solicitor General and the Assistant Attorneys General,
in further order of succession, to act as Attorney General'' for ''the
Assistant Attorneys General and the Solicitor General, in such order of
succession as the Attorney General may from time to time prescribe,
shall act as Attorney General''.
28 USC 509. Functions of the Attorney General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
All functions of other officers of the Department of Justice and all
functions of agencies and employees of the Department of Justice are
vested in the Attorney General except the functions --
(1) vested by subchapter II of chapter 5 of title 5 in administrative
law judges employed by the Department of Justice;
(2) of the Federal Prison Industries, Inc.; and
(3) of the Board of Directors and officers of the Federal Prison
Industries, Inc.. /1/
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612; amended
Pub. L. 95-251, 2(a)(6), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98-473,
title II, 228(a), Oct. 12, 1984, 98 Stat. 2030.)
The section is restated to allow incorporation into this chapter.
(The Historical and Revision Notes for former section 507, from which
this section is partially derived, is set out under section 547 of this
title.)
A prior section 509, act June 25, 1948, ch. 646, 62 Stat. 910,
which related to expenses of United States attorneys, was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in
section 549 of this title by section 4(c) of Pub. L. 89-554.
1984 -- Pub. L. 98-473 inserted ''and'' at end of cl. (2),
substituted a period for ''; and'' at end of cl. (3), and struck out
cl. (4) which related to functions of Board of Parole.
1978 -- Cl. (1). Pub. L. 95-251 substituted ''administrative law
judges'' for ''hearing examiners''.
Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the
amendment made by Pub. L. 98-473 is effective Oct. 12, 1984.
For assignment of certain emergency preparedness functions to the
Attorney General, see Parts 1, 2, and 11 of Ex. Ord. No. 12656, Nov.
18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title
50, Appendix, War and National Defense.
Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1830, provided in
part: ''That for fiscal year 1993 and thereafter the Attorney General
shall (1) promote neighborhood revitalization by developing a plan for
the use of Federal funds appropriated for selected activities in the
Departments of Labor, Education, Health and Human Services,
Transportation, Agriculture, and Housing and Urban Development; (2) the
Attorney General shall solicit from State and local governments plans to
revitalize neighborhoods using programs administered by such agencies;
and (3) the Attorney General shall review and approve such plans in
consultation with the Federal agency to which funds are appropriated''.
Pub. L. 102-140, title VI, 611(a), Oct. 28, 1991, 105 Stat. 832,
provided that, notwithstanding any other provision of law: ''For fiscal
year 1992 and thereafter, the Department of Justice may procure the
services of expert witnesses for use in preparing or prosecuting a civil
or criminal action, without regard to competitive procurement
procedures, including the Commerce Business Daily publication
requirements: Provided, That no witness shall be paid more than one
attendance fee for any calendar day.''
Pub. L. 101-647, title XXV, 2536-2539, Nov. 29, 1990, 104 Stat.
4883, 4884, provided that:
''SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT AND
OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT.
''(a) Establishment. -- There is established within the Office of the
Deputy Attorney General in the Department of Justice a Financial
Institutions Fraud Unit to be headed by a special counsel (hereafter in
this title (probably means this subtitle which is subtitle D (
2536-2540) of title XXV of Pub. L. 101-647, which amended section 1441a
of Title 12, Banks and Banking, and enacted this note) referred to as
the 'Special Counsel').
''(b) Responsibility. -- The Financial Institutions Fraud Unit and
the Special Counsel shall be responsible to and shall report directly to
the Deputy Attorney General.
''(c) Sunset. -- The provisions of this section shall cease to apply
at the end of the 5-year period beginning on the date of the enactment
of this Act (Nov. 29, 1990).
''SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE
SPECIAL COUNSEL.
''(a) Appointment. -- The Special Counsel shall be appointed by the
President, by and with the advice and consent of the Senate.
''(b) Responsibilities. -- The Special Counsel shall --
''(1) supervise and coordinate investigations and prosecutions within
the Department of Justice of fraud and other criminal activity in and
against the financial services industry, including, to the extent
consistent with the independent counsel provision of chapter 40 of title
28, United States Code, any such activity by any current or former
elected official or high-level executive branch official or any member
of the immediate family of any such official;
''(2) ensure that Federal law relating to civil enforcement, asset
seizure and forfeiture, money laundering, and racketeering are used to
the fullest extent authorized to recover the proceeds of unlawful
activities from persons who have committed crimes in and against the
financial services industry; and
''(3) ensure that adequate resources are made available for the
investigation and prosecution of fraud and other criminal activity in
and against the financial services industry.
''(c) Compensation. -- The Special Counsel shall be paid at the basic
pay payable for level V of the Executive Schedule.
''SEC. 2538. ASSIGNMENT OF PERSONNEL.
''There shall be assigned to the Financial Institutions Fraud Unit
such personnel as the Attorney General deems necessary to provide an
appropriate level of enforcement activity in the area of fraud and other
criminal activity in and against the financial services industry.
''SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES.
''(a) Establishment. -- The Attorney General shall establish such
financial institutions fraud task forces as the Attorney General deems
appropriate to ensure that adequate resources are made available to
investigate and prosecute crimes in or against financial institutions
and to recover the proceeds of unlawful activities from persons who have
committed fraud or have engaged in other criminal activity in or against
the financial services industry.
''(b) Supervision. -- The Attorney General shall determine how each
task force shall be supervised and may provide for the supervision of
any task force by the Special Counsel.
''(c) Senior Interagency Group. --
''(1) Establishment. -- The Attorney General shall establish a senior
interagency group to assist in identifying the most significant
financial institution fraud cases and in allocating investigative and
prosecutorial resources where they are most needed.
''(2) Membership. -- The senior interagency group shall be chaired by
the Special Counsel and shall include senior officials from --
''(A) the Department of Justice, including representatives of the
Federal Bureau of Investigation, the Advisory Committee of United States
Attorneys, and other relevant entities;
''(B) the Department of the Treasury;
''(C) the Office of Thrift Supervision;
''(D) the Resolution Trust Corporation;
''(E) the Federal Deposit Insurance Corporation;
''(F) the Office of the Comptroller of the Currency;
''(G) the Board of Governors of the Federal Reserve System; and
''(H) the National Credit Union Administration.
''(3) Duties. -- This senior interagency group shall enhance
interagency coordination and assist in accelerating the investigations
and prosecution of financial institutions fraud.''
Pub. L. 101-647, title XXXII, 3201, Nov. 29, 1990, 104 Stat. 4916,
provided that:
''(a) Federal Bureau of Investigation. -- For each fiscal year
beginning after September 30, 1990, there is authorized to be
appropriated for the Federal Bureau of Investigation $25,000, to be
expended in the discretion of the Director of the Federal Bureau of
Investigation to pay humanitarian expenses incurred --
''(1) by an employee of the Bureau as a result of serious illness,
serious injury, or death occurring while on official business; or
''(2) by any member of the immediate family of such employee,
incident to the serious illness, serious injury, or death of such
employee occurring while on official business.
''(b) Drug Enforcement Administration. -- For each fiscal year
beginning after September 30, 1990, there is authorized to be
appropriated for the Drug Enforcement Administration $25,000, to be
expended at the discretion of the Administrator of the Drug Enforcement
Administration to pay humanitarian expenses incurred --
''(1) by an employee of the Administration as a result of serious
illness, serious injury, or death occurring while on official business;
or
''(2) by any member of the immediate family of such employee,
incident to the serious illness, serious injury, or death of such
employee occurring while on official business.''
Government Personnel
Pub. L. 101-509, title V, 528, Nov. 5, 1990, 104 Stat. 1427,
provided that:
''(a) Notwithstanding any other law and in any fiscal year --
''(1) The Attorney General shall accept, and Federal departments and
agencies, including the United States Secret Service, the Internal
Revenue Service, the Resolution Trust Corporation, and the appropriate
Federal banking agency, may provide, without reimbursement, the services
of attorneys, law enforcement personnel, and other employees of any
other departments or agencies of the Federal Government to assist the
Department of Justice, subject to the supervision of the Attorney
General, in the investigation and prosecution of fraud or other criminal
or unlawful activity in or against any federally insured financial
institution or the Resolution Trust Corporation;
''(2) any attorney of a department or agency whose services are
accepted pursuant to paragraph (1) may, subject to the supervision of
the Attorney General, conduct any kind of legal proceeding, civil or
criminal, including grand jury proceedings and proceedings before
committing magistrates, and perform any other investigative or
prosecutorial function, which United States attorneys are authorized by
law to conduct or perform whether or not the attorney is a resident of
the district in which the proceeding is brought; and
''(3) law enforcement personnel of the United States Secret Service
are authorized, subject to the supervision of the Attorney General, to
conduct or perform any kind of investigation, civil or criminal, related
to fraud or other criminal or unlawful activity in or against any
federally insured financial institution or the Resolution Trust
Corporation, which the Department of Justice law enforcement personnel
are authorized by law to conduct or perform: Provided, That the Secret
Service shall not initiate investigations pursuant to this section
independent of the supervision of the Attorney General.
''(b) This section --
''(1) shall not, except as expressly provided herein, alter the
authority of any Federal law enforcement agency; and
''(2) shall expire with the authority of the Resolution Trust
Corporation or its successor.
''(c) This section applies notwithstanding any other provision of law
enacted by the 101st Congress after October 15, 1990, that by its terms
would grant authority to, or otherwise affect the authority of, the
Secret Service or other departments or agencies of the Federal
Government to conduct or to assist the Department of Justice in
conducting investigations or prosecutions of fraud or other criminal or
unlawful activity in or against any federally insured financial
institution or the Resolution Trust Corporation, and any other such
provision shall not be effective in granting or otherwise affecting any
such authority.''
Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 995, provided
in part: ''That for fiscal year 1990 and hereafter the Chief, United
States National Central Bureau, INTERPOL, may establish and collect fees
to process name checks and background records for noncriminal
employment, licensing, and humanitarian purposes and, notwithstanding
the provisions of 31 U.S.C. 3302, credit such fees to this appropriation
to be used for salaries and other expenses incurred in providing these
services''.
Expenses of Witnesses
Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 997, provided:
''That for fiscal year 1990 and hereafter the Attorney General may enter
into reimbursable agreements with other Federal Government agencies or
components within the Department of Justice to pay expenses of private
counsel to defend Federal Government employees sued for actions while
performing their official duties: Provided further, That for fiscal
year 1990 and hereafter the Attorney General, upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section 606 of this
Act (Pub. L. 101-162, title VI, Nov. 21, 1989, 103 Stat. 1031), may
authorize litigating components to reimburse this account for expert
witness expenses when it appears current allocations will be exhausted
for cases scheduled for trial in the current fiscal year.''
Pub. L. 101-162, title II, 203, Nov. 21, 1989, 103 Stat. 1002,
provided that: ''For fiscal year 1990 and hereafter, appropriations for
'Salaries and expenses, General Administration', 'Salaries and expenses,
United States Marshals Service', 'Salaries and expenses, Federal Bureau
of Investigation', 'Salaries and expenses, Drug Enforcement
Administration', 'Salaries and expenses, Immigration and Naturalization
Service', and 'Salaries and expenses, Federal Prison System', shall be
available for uniforms and allowances therefor as authorized by law (5
U.S.C. 5901-5902).''
Pub. L. 100-690, title I, subtitle B, Nov. 18, 1988, 102 Stat.
4189, provided that:
''SEC. 1051. SHORT TITLE.
''This subtitle may be cited as the 'Justice Department Organized
Crime and Drug Enforcement Enhancement Act of 1988'.
''SEC. 1052. FINDINGS.
''The Congress finds that --
''(1) organized criminal activity contributes significantly to the
importation, distribution, and sale of illegal and dangerous drugs;
''(2) trends in drug trafficking patterns necessitate a response that
gives appropriate weight to --
''(A) the prosecution of drug-related crimes; and
''(B) the forfeiture and seizure of assets and other civil remedies
used to strike at the inherent strength of the drug networks and
organized crime groups;
''(3) law enforcement components of the Department of Justice should
give high priority to the enforcement of civil sanctions against drug
networks and organized crime groups; and
''(4) the structure of the Department of Justice Criminal Division
needs to be reviewed in order to determine the most effective structure
to address such drug-related problems.
''SEC. 1053. CIVIL ENFORCEMENT REPORT.
''(a) Report. -- Not later than 1 year after the date of the
enactment of this title (Nov. 18, 1988), the Director of National Drug
Control Policy (the Director) in consultation with the Attorney General,
shall report to the Congress on the necessity to establish a new
division or make other organizational changes within the Department of
Justice in order to promote better civil and criminal law enforcement.
In preparing such report, the Director shall consider restructuring and
consolidating one or more of the following divisions and programs --
''(1) the Organized Crime and Racketeering Section of the Criminal
Division and all subordinate strike forces therein;
''(2) the Narcotic and Dangerous Drug Section of the Criminal
Division;
''(3) the Asset Forfeiture Office of the Criminal Division; and
''(4) the Organized Crime Drug Enforcement Task Force Program;(.)
''(b) Legislative Recommendations. -- The report submitted under
subsection (a) shall include appropriate legislative recommendations for
the Congress.
''SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT.
''(a) Duty of Attorney General. -- The Attorney General shall insure
that each component of the Department of Justice having criminal law
enforcement responsibilities with respect to the prosecution of
organized crime and controlled substances violations, including each
United States Attorney's Office, attaches a high priority to the
enforcement of civil statutes creating ancillary sanctions and remedies
for such violations, such as civil penalties and actions, forfeitures,
injunctions and restraining orders, and collection of fines.
''(b) Duty of Associate Attorney General. -- The Associate Attorney
General shall be responsible for implementing the policy set forth in
this subsection.
''(c) Authorization of Appropriations. -- (1) There are authorized to
be appropriated $3,000,000 for salaries and expenses to the Department
of Justice General Legal Activities Account and $3,000,000 for salaries
and expenses for United States Attorneys for fiscal year 1989.
''(2) Any appropriation of funds authorized under paragraph (1) shall
be --
''(A) in addition to any appropriations requested by the President in
the 1989 fiscal year budget submitted by the President to the Congress
on February 18, 1988, or provided in regular appropriations Acts or
continuing resolutions for the fiscal year ending September 30, 1989;
and
''(B) used to increase the number of field attorneys and related
support staff over such personnel levels employed at the Department of
Justice on September 30, 1988.
''(3) Any increase in full-time equivalent positions described under
paragraph (2)(B) shall be exclusively used for asset forfeiture and
civil enforcement and be assigned to appropriate field offices of the
Organized Crime and Racketeering Section and the Organized Crime Drug
Enforcement Task Forces.
''(d) Reporting Requirement. -- The Attorney General, at the end of
each such fiscal year, shall file a report with the Congress setting
forth the extent of such enforcement efforts, as well as the need for
any enhancements in resources necessary to carry out this policy.
''SEC. 1055. EXPENSES OF TASK FORCES.
''(a) Appropriations and Reimbursements Procedure. -- Beginning in
fiscal year 1990, the Attorney General in his budget shall submit a
separate appropriations request for expenses relating to all Federal
agencies participating in the Organized Crime Drug Enforcement Task
Forces. Such appropriations shall be made to the Department of
Justice's Interagency Law Enforcement Appropriation Account for the
Attorney General to make reimbursements to the involved agencies as
necessary.
''(b) Enhancement of Field Activities. -- The appropriations and
reimbursements procedure described under subsection (a) shall --
''(1) provide for the flexibility of the Task Forces which is vital
to success;
''(2) permit Federal law enforcement resources to be shifted in
response to changing patterns of organized criminal drug activities;
''(3) permit the Attorney General to reallocate resources among the
organizational components of the Task Forces and between regions without
undue delay; and
''(4) ensure that the Task Forces function as a unit, without the
competition for resources among the participating agencies that would
undermine the overall effort.''
by Comptroller General and Report to Congress
Pub. L. 100-690, title IX, 9201, Nov. 18, 1988, 102 Stat. 4535,
provided that:
''(a) Study. -- The Comptroller General of the United States shall
conduct a study --
''(1) to determine the impact of additional resources to certain
components of the Federal criminal justice system on other components of
the system and of enhanced or new Federal criminal penalties or laws on
the agencies and offices of the Department of Justice, the Federal
courts, and other components of the Federal criminal justice system;
and
''(2) use the data derived from the impact analysis to develop a
model that can be applied by Congress and Federal agencies and
departments to help determine appropriate staff and budget responses in
order to maintain balance in the Federal criminal justice system and
effectively implement changes in resources, laws, or penalties.
''(b) Report to Congress. -- The Comptroller General shall report the
results and recommendations derived from the study required by
subsection (a) no later than 1 year after the date of enactment of this
Act (Nov. 18, 1988).''
Pub. L. 96-132, 12, Nov. 30, 1979, 93 Stat. 1048, provided that:
''The Attorney General may, with the concurrence of any agency or
Department with primary enforcement responsibility for an environmental
or natural resource law, investigate any violation, of an environmental
or natural resource law of the United States, and bring such actions as
are necessary to enforce such laws. This section does not affect the
criminal law enforcement authority of the Attorney General.''
Excepted From Competitive Service; Vacancies;
Removal, Suspension, or Reduction in Rank or Pay;
Rate of Pay
Pub. L. 94-503, title II, 201, Oct. 15, 1976, 90 Stat. 2425,
provided that:
''(a) Effective beginning one year after date of the enactment of
this Act (Oct. 15, 1976), the following positions in the Drug
Enforcement Administration (and individuals holding such positions) are
hereby excepted from the competitive service:
''(1) positions at GS-16, 17, and 18 of the General Schedule under
section 5332(a) of title 5, United States Code, and
''(2) positions at GS-15 of the General Schedule which are designated
as --
''(A) regional directors,
''(B) office heads, or
''(C) executive assistants (or equivalent positions) under the
immediate supervision of the Administrator (or the Deputy Administrator)
of the Drug Enforcement Administration.
''(b) Effective during the one year period beginning on the date of
the enactment of this Act (Oct. 15, 1976), vacancies in positions in the
Drug Enforcement Administration (other than positions described in
subsection (a)) at a grade not lower than GS-14 shall be filled --
''(1) first, from applicants who have continuously held positions
described in subsection (a) since the date of the enactment of this Act
and who have applied for, and are qualified to fill, such vacancies, and
''(2) then, from other applicants in the order which would have
occurred in the absence of this subsection.
Any individual placed in a position under paragraph (1) shall be paid
in accordance with subsection (d).
''(c)(1) Effective beginning one year after the date of the enactment
of this Act (Oct. 15, 1976), an individual in a position described in
subsection (a) may be removed, suspended for more than 30 days,
furloughed without pay, or reduced in rank or pay by the Administrator
of the Drug Enforcement Administration if --
''(A) such individual has been employed in the Drug Enforcement
Administration for less than the one-year period immediately preceding
the date of such action, and
''(B) the Administrator determines, in his discretion, that such
action would promote the efficiency of the service.
''(2) Effective beginning one year after the date of the enactment of
this Act (Oct. 15, 1976), an individual in a position described in
subsection (a) may be reduced in rank or pay by the Administrator within
the Drug Enforcement Administration if --
''(A) such individual has been continuously employed in such position
since the date of the enactment of this Act, and
''(B) the Administrator determines, in his discretion, that such
action would promote the efficiency of the service.
Any individual reduced in rank or pay under this paragraph shall be
paid in accordance with subsection (d).
''(3) The provisions of sections 7512 and 7701 of title 5, United
States Code, and otherwise applicable Executive orders, shall not apply
with respect to actions taken by the Administrator under paragraph (1)
or any reduction in rank or pay (under paragraph (2) or otherwise) of
any individual in a position described in subsection (a).
''(d) Any individual whose pay is to be determined in accordance with
this subsection shall be paid basic pay at the rate of basic pay he was
receiving immediately before he was placed in a position under
subsection (b)(1) or reduced in rank or pay under subsection (c)(2), as
the case may be, until such time as the rate of basic pay he would
receive in the absence of this subsection exceeds such rate of basic
pay. The provisions of section 5337 of title 5, United States Code,
shall not apply in any case in which this subsection applies.''
(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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.)
Eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, as amended Reorg.
Plan No. 2 of 1973, 3, eff. July 1, 1973, 38 F.R. 15932, 87 Stat.
1091
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, February 7, 1968, pursuant to
the provisions of chapter 9 of title 5 of the United States Code.
Department
There are hereby transferred to the Attorney General:
(a) Those functions of the Secretary of the Treasury which are
administered through or with respect to the Bureau of Narcotics.
(b) All functions of the Bureau of Narcotics, of the Commissioner of
Narcotics, and of all other officers, employees and agencies of the
Bureau of Narcotics.
(c) So much of other functions or parts of functions of the Secretary
of the Treasury and the Department of the Treasury as is incidental to
or necessary for the performance of the functions transferred by
paragraphs (a) and (b) of this section.
There are hereby transferred to the Attorney General:
(a) The functions of the Secretary of Health, Education, and Welfare
under the Drug Abuse Control Amendments of 1965 (Public Law 89-74; 79
Stat. 226) (see Short Title note under 21 U.S.C. 301), except the
function of regulating the counterfeiting of those drugs which are not
controlled ''depressant or stimulant'' drugs.
(b) So much of other functions or parts of functions of the Secretary
of Health, Education, and Welfare, and of the Department of Health,
Education, and Welfare, as is incidental to or necessary for the
performance of the functions transferred by paragraph (a) of this
section.
(a) (Repealed. Reorg. Plan No. 2 of 1973, 3, 38 F.R. 15932, 87 Stat.
1091, eff. July 1, 1973. Subsection established the Bureau of Narcotics
and Dangerous Drugs in the Department of Justice and provided that it be
headed by a Director appointed by the Attorney General.)
(b) There are hereby established in the Department of Justice, in
addition to the positions transferred to that Department by this Plan,
four new positions, appointment to which shall be made by the Attorney
General in the competitive service. Two of those positions shall have
compensation at the rate now or hereafter provided for GS-18 positions
of the General Schedule and the other two shall have compensation at the
rate now or hereafter provided for GS-16 positions of the General
Schedule (5 U.S.C. 5332). Each such position shall have such title and
duties as the Attorney General shall prescribe.
(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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.)
The Bureau of Narcotics in the Department of the Treasury, including
the office of Commissioner of Narcotics (21 U.S.C. 161), is hereby
abolished. The Secretary of the Treasury shall make such provision as
he may deem necessary with respect to terminating those affairs of the
Bureau of Narcotics not otherwise provided for in this reorganization
plan.
The Attorney General may from time to time make such provisions as he
shall deem appropriate authorizing the performance of any of the
functions transferred to him by the provisions of this reorganization
plan by any officer, employee, or organizational entity of the
Department of Justice.
(a) There are hereby transferred to the Department of Justice all of
the positions, personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds, available or to be made
available, (1) of the Bureau of Narcotics, and (2) of the Bureau of Drug
Abuse Control of the Department of Health, Education, and Welfare.
(b) There shall be transferred to the Department of Justice, at such
time or times as the Director of the Bureau of the Budget shall direct,
so much as the Director shall determine of other positions, personnel,
property, records and unexpended balances of appropriations,
allocations, and other funds of the Department of the Treasury and of
the Department of Health, Education, and Welfare employed, used, held,
available or to be made available in connection with functions
transferred by the provisions of this reorganization plan.
(c) Such further measures and dispositions as the Director of the
Bureau of the Budget shall deem to be necessary in order to effectuate
the transfers provided in this section shall be carried out in such
manner as he may direct and by such agencies as he shall designate.
To the Congress of the United States:
In my first Reorganization Plan of 1968, I call for the creation of a
new and powerful Bureau of Narcotics and Dangerous Drugs.
With this action, America will serve notice to the pusher and the
peddler that their criminal acts must stop.
No matter how well organized they are, we will be better organized.
No matter how well they have concealed their activities, we will root
them out.
Today, Federal investigation and enforcement of our narcotics laws
are fragmented. One major element -- the Bureau of Narcotics -- is in
the Treasury Department and responsible for the control of marihuana and
narcotics such as heroin. Another -- the Bureau of Drug Abuse Control
-- is in the Department of Health, Education, and Welfare, and is
responsible for the control of dangerous drugs including depressants,
stimulants, and hallucinogens such as LSD.
Neither is located in the agency which is primarily concerned with
Federal law enforcement -- the Department of Justice.
This separation of responsibilities -- despite the relentless and
dedicated efforts of the agents of each Bureau -- has complicated and
hindered our response to a national menace.
For example, more than nine out of ten seizures of LSD made by the
Bureau of Drug Abuse Control have also turned up marihuana -- but that
Bureau has no jurisdiction over marihuana.
In many instances, we are confronted by well organized disciplined
and resourceful criminals who reap huge profits at the expense of their
unfortunate victims.
The response of the Federal Government must be unified. And it must
be total.
Today, in my Message on Crime, I recommended strong new laws to
control dangerous drugs. I also recommended an increase of more than
thirty percent in the number of Federal agents enforcing the narcotic
and dangerous drug laws.
I now propose that a single Bureau of Narcotics and Dangerous Drugs
be established in the Department of Justice to administer those laws and
to bring to the American people the most efficient and effective Federal
enforcement machinery we can devise.
Under this Reorganization Plan the Attorney General will have full
authority and responsibility for enforcing the Federal laws relating to
narcotics and dangerous drugs. The new Bureau of Narcotics and
Dangerous Drugs, to be headed by a Director appointed by the Attorney
General, will:
-- consolidate the authority and preserve the experience and
manpower of the Bureau of Narcotics and the Bureau of Drug Abuse
Control.
-- work with states and local governments in their crackdown on
illegal trade in drugs and narcotics, and help to train local agents and
investigators.
-- maintain worldwide operations, working closely with other
nations, to suppress the trade in illicit narcotics and marihuana.
-- conduct an extensive campaign of research and a nationwide
public education program on drug abuse and its tragic effects.
The Plan I forward today moves in the direction recommended by two
distinguished groups:
-- 1949 Hoover Commission. -- the 1963 Presidential Advisory
Commission on Narcotic and Drug
Abuse.
This Administration and this Congress have the will and the
determination to stop the illicit traffic in drugs.
But we need more than the will and the determination. We need a
modern and efficient instrument of Government to transform our plans
into action. That is what this Reorganization Plan calls for.
The Plan has been prepared in accordance with chapter 9 of title 5 of
the United States Code.
I have found, after investigation, that each reorganization included
in the plan is necessary to accomplish one or more of the purposes set
forth in section 901(a) of title 5 of the United States Code.
I have also found that, by reason of these reorganizations, it is
necessary to include in the accompanying plan provisions for the
appointment and compensation of the five new positions as specified in
section 3 of the plan. The rates of compensation fixed for these new
positions are those which I have found to prevail in respect of
comparable positions in the Executive Branch of the Government.
Should the reorganization I propose take effect, they will make
possible more effective and efficient administration of Federal law
enforcement functions. It is not practicable at this time, however, to
itemize the reduction in expenditures which may result.
I recommend that the Congress allow this urgently needed and
important Reorganization Plan to become effective.
Lyndon B. Johnson.
The White House, February 7, 1968
Effective July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, as amended
Pub. L. 93-253, 1, Mar. 16, 1974, 88 Stat. 50
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 28, 1973, pursuant to
the provisions of Chapter 9 of Title 5 of the United States Code.
There are hereby transferred from the Secretary of the Treasury, the
Department of the Treasury, and any other officer or any agency of the
Department of the Treasury, to the Attorney General all intelligence,
investigative, and law enforcement functions, vested by law in the
Secretary, the Department, officers, or agencies which relate to the
suppression of illicit traffic in narcotics, dangerous drugs, or
marihuana, except that the Secretary shall retain, and continue to
perform, those functions, to the extent that they relate to searches and
seizures of illicit narcotics, dangerous drugs, or marihuana or to the
apprehension or detention of persons in connection therewith, at regular
inspection locations at ports of entry or anywhere along the land or
water borders of the United States: Provided, that any illicit
narcotics, dangerous drugs, marihuana, or related evidence seized, and
any person apprehended or detained by the Secretary or any officer of
the Department of the Treasury, pursuant to the authority retained in
them by virtue of this section, shall be turned over forthwith to the
jurisdiction of the Attorney General: Provided further, that nothing in
this section shall be construed as limiting in any way any authority
vested by law in the Secretary of the Treasury, the Department of the
Treasury, or any other officer or any agency of that Department on the
effective date of this Plan with respect to contraband other than
illicit narcotics, dangerous drugs, and marihuana: and Provided
further, that nothing in this section shall be construed as limiting in
any way any authority the Attorney General, the Department of Justice,
or any other officer or any agency of that Department may otherwise have
to make investigations or engage in law enforcement activities,
including activities relating to the suppression of illicit traffic in
narcotics, dangerous drugs, and marihuana, at ports of entry or along
the land and water borders of the United States.
(Repealed. Pub. L. 93-253, 1(a)(1), (b), Mar. 16, 1974, 88 Stat.
50, eff. July 1, 1973. Section had provided for transfer to Secretary of
Treasury of functions vested in Attorney General, Department of Justice,
or any other officer of such Department respecting inspection at ports
of entry of persons, and documents of persons, entering or leaving the
United States.)
The Bureau of Narcotics and Dangerous Drugs, including the Office of
Director thereof, is hereby abolished, and section 3(a) of
Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney
General shall make such provision as he may deem necessary with respect
to terminating those affairs of the Bureau of Narcotics and Dangerous
Drugs not otherwise provided for in this Reorganization Plan.
There is established in the Department of Justice an agency which
shall be known as the Drug Enforcement Administration, hereinafter
referred to as ''the Administration.''
(a) There shall be at the head of the Administration the
Administrator of Drug Enforcement, hereinafter referred to as ''the
Administrator.'' The Administrator shall be appointed by the President
by and with the advice and consent of the Senate, and shall receive
compensation at the rate now or hereafter prescribed by law for
positions of level III of the Executive Schedule Pay Rates (5 U.S.C.
5314). He shall perform such functions as the Attorney General shall
from time to time direct.
(b) There shall be in the Administration a Deputy Administrator of
the Drug Enforcement Administration, hereinafter referred to as ''the
Deputy Administrator,'' who shall be appointed by the President by and
with the advice and consent of the Senate, shall perform such functions
as the Attorney General may from time to time direct, and shall receive
compensation at the rate now or hereafter prescribed by law for
positions of level V of the Executive Schedule Pay Rates (5 U.S.C.
5316).
(c) The Deputy Administrator or such other official of the Department
of Justice as the Attorney General shall from time to time designate
shall act as Administrator during the absence or disability of the
Administrator or in the event of a vacancy in the office of
Administrator.
The Attorney General may from time to time make such provisions as he
shall deem appropriate authorizing the performance of any of the
functions transferred to him by the provisions of this Reorganization
Plan by any officer, employee, or agency of the Department of Justice.
(Section, former subsec. (a) designation, and subsec. (b) providing
for performance of functions transferred to Secretary of Treasury by any
officer, employee, or agency of Treasury Department, repealed by Pub. L.
93-253, 1(a)(2), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1, 1973.)
The Attorney General, acting through the Administrator and such other
officials of the Department of Justice as he may designate, shall
provide for the coordination of all drug law enforcement functions
vested in the Attorney General so as to assure maximum cooperation
between and among the Administration, the Federal Bureau of
Investigation, and other units of the Department involved in the
performance of these and related functions.
(a) So much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds employed, used,
held, available or to be made available in connection with the functions
transferred to the Attorney General and to the Secretary of the Treasury
by this Reorganization Plan as the Director of the Office of Management
and Budget shall determine shall be transferred to the Department of
Justice and to the Department of the Treasury, respectively, at such
time or times as the Director shall direct.
(b) Such further measures and dispositions as the Director of the
Office of Management and Budget shall deem to be necessary in order to
effectuate transfers referred to in subsection (a) of this section shall
be carried out in such manner as he shall direct and by such Federal
agencies as he shall designate.
(a) The President may authorize any person who, immediately prior to
the effective date of this Reorganization Plan, held a position in the
Executive Branch of the Government to act as Administrator until the
office of Administrator is for the first time filled pursuant to the
provisions of this Reorganization Plan or by recess appointment as the
case may be.
(b) The President may similarly authorize any such person to act as
Deputy Administrator.
(c) The President may authorize any person who serves in an acting
capacity under the foregoing provisions of this section to receive the
compensation attached to the office in respect to which he so serves.
Such compensation, if authorized, shall be in lieu of, but not in
addition to, other compensation from the United States to which such
person may be entitled.
The provisions of this Reorganization Plan shall take effect as
provided by section 906(a) of title 5 of the United States Code or on
July 1, 1973, whichever is later.
To the Congress of the United States:
Drug abuse is one of the most vicious and corrosive forces attacking
the foundations of American society today. It is a major cause of crime
and a merciless destroyer of human lives. We must fight it with all of
the resources at our command.
This Administration has declared all-out, global war on the drug
menace. As I reported to the Congress earlier this month in my State of
the Union message, there is evidence of significant progress on a number
of fronts in that war.
Both the rate of new addiction to heroin and the number of
narcotic-related deaths showed an encouraging downturn last year. More
drug addicts and abusers are in treatment and rehabilitation programs
than ever before.
Progress in pinching off the supply of illicit drugs was evident in
last year's stepped-up volume of drug seizures worldwide -- which more
than doubled in 1972 over the 1971 level.
Arrests of traffickers have risen by more than one-third since 1971.
Prompt Congressional action on my proposal for mandatory minimum
sentences for pushers of hard drugs will help ensure that convictions
stemming from such arrests lead to actual imprisonment of the guilty.
Notwithstanding these gains, much more must be done. The resilience
of the international drug trade remains grimly impressive -- current
estimates suggest that we still intercept only a small fraction of all
the heroin and cocaine entering this country. Local police still find
that more than one of every three suspects arrested for street crimes is
a narcotic abuser or addict. And the total number of Americans addicted
to narcotics, suffering terribly themselves and inflicting their
suffering in countless others, still stands in the hundreds of
thousands.
Seeking ways to intensify our counter-offensive against this menace,
I am asking the Congress today to join with this Administration in
strengthening and streamlining the Federal drug law enforcement effort.
Funding for this effort has increased sevenfold during the past five
years, from $36 million in fiscal year 1969 to $257 million in fiscal
year 1974 -- more money is not the most pressing enforcement need at
present. Nor is there a primary need for more manpower working on the
problem, over 2100 new agents having already been added to the Federal
drug enforcement agencies under this Administration, an increase of more
than 250 percent over the 1969 level.
The enforcement work could benefit significantly, however, from
consolidation of our anti-drug forces under a single unified command.
Right now the Federal Government is fighting the war on drug abuse under
a distinct handicap, for its efforts are those of a loosely confederated
alliance facing a resourceful, elusive, worldwide enemy. Admiral Mahan,
the master naval strategist, described this handicap precisely when he
wrote that ''Granting the same aggregate of force, it is never as great
in two hands as in one, because it is not perfectly concentrated.''
More specifically, the drug law enforcement activities of the United
States now are not merely in two hands but in half a dozen. Within the
Department of Justice, with no overall direction below the level of the
Attorney General, these fragmented forces include the Bureau of
Narcotics and Dangerous Drugs, the Office for Drug Abuse Law
Enforcement, the Office of National Narcotics Intelligence, and certain
activities of the Law Enforcement Assistance Administration. The
Treasury Department is also heavily engaged in enforcement work through
the Bureau of Customs.
This aggregation of Federal activities has grown up rapidly over the
past few years in response to the urgent need for stronger anti-drug
measures. It has enabled us to make a very encouraging beginning in the
accelerated drug enforcement drive of this Administration.
But it also has serious operational and organizational shortcomings.
Certainly the cold-blooded underworld networks that funnel narcotics
from suppliers all over the world into the veins of American drug
victims are no respecters of the bureaucratic dividing lines that now
complicate our anti-drug efforts. On the contrary, these modern-day
slave traders can derive only advantage from the limitations of the
existing organizational patchwork. Experience has now given us a good
basis for correcting those limitations, and it is time to do so.
I therefore propose creation of a single, comprehensive Federal
agency within the Department of Justice to lead the war against illicit
drug traffic.
Reorganization Plan No. 2 of 1973, which I am transmitting to the
Congress with this message, would establish such an agency, to be called
the Drug Enforcement Administration. It would be headed by an
Administrator reporting directly to the Attorney General.
The Drug Enforcement Administration would carry out the following
anti-drug functions, and would absorb the associated manpower and
budgets:
-- All functions of the Bureau of Narcotics and Dangerous Drugs
(which would be abolished as a separate entity by the reorganization
plan);
-- Those functions of the Bureau of Customs pertaining to drug
investigations and intelligence (to be transferred from the Treasury
Department to the Attorney General by the reorganization plan).
-- All functions of the Office of Drug Abuse Law Enforcement;
and
-- All functions of the Office of National Narcotics
Intelligence.
Merger of the latter two organizations into the new agency would be
effected by an executive order dissolving them and transferring their
functions, to take effect upon approval of Reorganization Plan No. 2 by
the Congress. Drug law enforcement research currently funded by the Law
Enforcement Assistance Administration and other agencies would also be
transferred to the new agency by executive action.
The major responsibility of the Drug Enforcement Administration would
thus include:
-- development of overall Federal drug law enforcement strategy,
programs, planning, and evaluation;
-- full investigation and preparation for prosecution of suspects
for violations under all Federal drug trafficking laws;
-- full investigation and preparation for prosecution of suspects
connected with illicit drugs seized at U.S. ports-of-entry and
international borders;
-- conduct of all relations with drug law enforcement officials
of foreign governments, under the policy guidance of the Cabinet
Committee on International Narcotics Control;
-- full coordination and cooperation with State and local law
enforcement officials on joint drug enforcement efforts; and
-- regulation of the legal manufacture of drugs and other
controlled substances under Federal regulations.
The Attorney General, working closely with the Administrator of this
new agency, would have authority to make needed program adjustments. He
would take steps within the Department of Justice to ensure that high
priority emphasis is placed on the prosecution and sentencing of drug
traffickers following their apprehension by the enforcement
organization. He would also have the authority and responsibility for
securing the fullest possible cooperation-particularly with respect to
collection of drug intelligence -- from all Federal departments and
agencies which can contribute to the anti-drug work, including the
Internal Revenue Service and the Federal Bureau of Investigation.
My proposals would make possible a more effective antidrug role for
the FBI, especially in dealing with the relationship between drug
trafficking and organized crime. I intend to see that the resources of
the FBI are fully committed to assist in supporting the new Drug
Enforcement Administration.
The consolidation effected under Reorganization Plan No. 2 would
reinforce the basic law enforcement and criminal justice mission of the
Department of Justice. With worldwide drug law enforcement
responsibilities no longer divided among several organizations in two
different Cabinet departments, more complete and cumulative drug law
enforcement intelligence could be compiled. Patterns of international
and domestic illicit drug production, distribution, and sale could be
more directly compared and interpreted. Case-by-case drug law
enforcement activities could be more comprehensively linked,
cross-referenced, and coordinated into a single, organic enforcement
operation. In short, drug law enforcement officers would be able to
spend more time going after the traffickers and less time coordinating
with one another.
Such progress could be especially helpful on the international front.
Narcotics control action plans, developed under the leadership of the
Cabinet Committee on International Narcotics Control, are now being
carried out by U.S. officials in cooperation with host governments in 59
countries around the world. This wide-ranging effort to cut off drug
supplies before they ever reach U.S. borders or streets is just now
beginning to bear fruit. We can enhance its effectiveness, with little
disruption of ongoing enforcement activities, by merging both the highly
effective narcotics force of overseas Customs agents and the rapidly
developing international activities of the Bureau of Narcotics and
Dangerous Drugs into the Drug Enforcement Administration. The new
agency would work closely with the Cabinet Committee under the active
leadership of the U.S. Ambassador in each country where anti-drug
programs are underway.
Two years ago, when I established the Special Action Office for Drug
Abuse Prevention within the Executive Office of the President, we gained
an organization with the necessary resources, breadth, and leadership
capacity to begin dealing decisively with the ''demand'' side of the
drug abuse problem -- treatment and rehabilitation for those who have
been drug victims, and preventive programs for potential drug abusers.
This year, by permitting my reorganization proposals to take effect, the
Congress can help provide a similar capability on the ''supply'' side.
The proposed Drug Enforcement Administration, working as a team with the
Special Action Office, would arm Americans with a potent one-two punch
to help us fight back against the deadly menace of drug abuse. I ask
full Congressional cooperation in its establishment.
No heroin or cocaine is produced within the United States; domestic
availability of these substances results solely from their illegal
importation. The careful and complete inspection of all persons and
goods coming into the United States is therefore an integral part of
effective Federal drug law enforcement.
At the present time, however, Federal responsibility for conducting
port-of-entry inspections is awkwardly divided among several Cabinet
departments. The principal agencies involved are the Treasury
Department's Bureau of Customs, which inspects goods, and the Justice
Department's Immigration and Naturalization Service, which inspects
persons and their papers. The two utilize separate inspection
procedures, hold differing views of inspection priorities, and employ
dissimilar personnel management practices.
To reduce the possibility that illicit drugs will escape detection at
ports-of-entry because of divided responsibility, and to enhance the
effectiveness of the Drug Enforcement Administration, the reorganization
plan which I am proposing today would transfer to the Secretary of the
Treasury all functions currently vested in Justice Department officials
to inspect persons, or the documents of persons.
When the plan takes effect, it is my intention to direct the
Secretary of the Treasury to use the resources so transferred --
including some 1,000 employees of the Immigration and Naturalization
Service -- to augment the staff and budget of the Bureau of Customs.
The Bureau's primary responsibilities would then include:
-- inspection of all persons and goods entering the United
States;
-- valuation of goods being imported, and assessment of
appropriate tariff duties;
-- interception of contraband being smuggled into the United
States;
-- enforcement of U.S. laws governing the international movement
of goods, except the investigation of contraband drugs and narcotics;
and
-- turning over the investigation responsibility for all drug law
enforcement cases to the Department of Justice.
The reorganization would thus group most port-of-entry inspection
functions in a single Cabinet department. It would reduce the need for
much day-to-day interdepartmental coordination, allow more efficient
staffing at some field locations, and remove the basis for damaging
interagency rivalries. It would also give the Secretary of the Treasury
the authority and flexibility to meet changing requirements in
inspecting the international flow of people and goods. An important
by-product of the change would be more convenient service for travellers
entering and leaving the country.
For these reasons, I am convinced that inspection activities at U.S.
ports-of-entry can more effectively support our drug law enforcement
efforts if concentrated in a single agency. The processing of persons
at ports-of-entry is too closely interrelated with the inspection of
goods to remain organizationally separated from it any longer. Both
types of inspections have numerous objectives besides drug law
enforcement, so it is logical to vest them in the Treasury Department,
which has long had the principal responsibility for port-of-entry
inspection of goods, including goods being transported in connection
with persons. As long as the inspections are conducted with full
awareness of related drug concerns it is neither necessary nor desirable
that they be made a responsibility of the primary drug enforcement
organization.
After investigation, I have found that each action included in
Reorganization Plan No. 2 of 1973 is necessary to accomplish one or
more of the purposes set forth in Section 901(a) of Title 5 of the
United States Code. In particular, the plan is responsive of the
intention of the Congress as expressed in Section 901(a)(1): ''to
promote better execution of the laws, more effective management of the
executive branch and of its agencies and functions, and expeditious
administration of the public business;'' Section 901(a)(3): ''to
increase the efficiency of the operations of the Government to the
fullest extent practicable;'' Section 901(a)(5) ''to reduce the number
of agencies by consolidating those having similar functions under a
single head, and to abolish such agencies or functions as may not be
necessary for the efficient conduct of the Government;'' and Section
901(a)(6): ''to eliminate overlapping and duplication of effort.''
As required by law, the plan has one logically consistent subject
matter: consolidation of Federal drug law enforcement activities in a
manner designed to increase their effectiveness.
The plan would establish in the Department of Justice a new
Administration designated as the Drug Enforcement Administration. The
reorganizations provided for in the plan make necessary the appointment
and compensation of new officers as specified in Section 5 of the plan.
The rates of compensation fixed for these officers would be comparable
to those fixed for officers in the executive branch who have similar
responsibilities.
While it is not practicable to specify all of the expenditure
reductions and other economies which may result from the actions
proposed, some savings may be anticipated in administrative costs now
associated with the functions being transferred and consolidated.
The proposed reorganization is a necessary step in upgrading the
effectiveness of our Nation's drug law enforcement effort. Both of the
proposed changes would build on the strengths of established agencies,
yielding maximum gains in the battle against drug abuse with minimum
loss of time and momentum in the transition.
I am confident that this reorganization plan would significantly
increase the overall efficiency and effectiveness of the Federal
Government. I urge the Congress to allow it to become effective.
Richard Nixon.
The White House, March 28, 1973
Ex. Ord. No. 12146, July 18, 1979, 44 F.R. 42657, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, it is hereby ordered as
follows:
1-101. There is hereby established the Federal Legal Council, which
shall be composed of the Attorney General and the representatives of not
more than 15 other agencies. The agency representative shall be
designated by the head of the agency.
1-102. The initial membership of the Council, in addition to the
Attorney General, shall consist of representatives designated by the
heads of the following agencies:
(a) The Department of Commerce.
(b) The Department of Defense.
(c) The Department of Energy.
(d) The Environmental Protection Agency.
(e) The Equal Employment Opportunity Commission.
(f) The Federal Trade Commission.
(g) The Department of Health and Human Services.
(h) The Interstate Commerce Commission.
(i) The Department of Labor.
(j) The National Labor Relations Board.
(k) The Securities and Exchange Commission.
(l) The Department of State.
(m) The Department of the Treasury.
(n) The United States Postal Service and
(o) the Veterans Administration.
1-103. The initial members of the Council shall serve for a term of
two years. Thereafter, the agencies which compose the membership shall
be designated annually by the Council and at least five positions on the
Council, other than that held by the Attorney General, shall rotate
annually.
1-104. In addition to the above members, the Directors of the Office
of Management and Budget and the Office of Personnel Management, or
their designees, shall be advisory members of the Council.
1-105. The Attorney General shall chair the Council and provide staff
for its operation. Representatives of agencies that are not members of
the Council may serve on or chair subcommittees of the Council.
1-201. The Council shall promote:
(a) coordination and communication among Federal legal offices;
(b) improved management of Federal lawyers, associated support
personnel, and information systems;
(c) improvements in the training provided to Federal lawyers;
(d) the facilitation of the personal donation of pro bono legal
services by Federal attorneys;
(e) the use of joint or shared legal facilities in field offices;
and
(f) the delegation of legal work to field offices.
1-202. The Council shall study and seek to resolve problems in the
efficient and effective management of Federal legal resources that are
beyond the capacity or authority of individual agencies to resolve.
1-203. The Council shall develop recommendations for legislation and
other actions: (a) to increase the efficient and effective operation
and management of Federal legal resources, including those matters
specified in Section 1-201, and (b) to avoid inconsistent or unnecessary
litigation by agencies.
1-301. The Attorney General shall establish and maintain a litigation
notice system that provides timely information about all civil
litigation pending in the courts in which the Federal Government is a
party or has a significant interest.
1-302. The Attorney General shall issue rules to govern operation of
the notice system. The rules shall include the following requirement:
(a) All agencies with authority to litigate cases in court shall
promptly notify the Attorney General about those cases that fall in
classes or categories designated from time to time by the Attorney
General.
(b) The Attorney General shall provide all agencies reasonable access
to the information collected in the litigation notice system.
1-401. Whenever two or more Executive agencies are unable to resolve
a legal dispute between them, including the question of which has
jurisdiction to administer a particular program or to regulate a
particular activity, each agency is encouraged to submit the dispute to
the Attorney General.
1-402. Whenever two or more Executive agencies whose heads serve at
the pleasure of the President are unable to resolve such a legal
dispute, the agencies shall submit the dispute to the Attorney General
prior to proceeding in any court, except where there is specific
statutory vesting of responsibility for a resolution elsewhere.
1-501. In addition to the disclosure now required by law, all
agencies are encouraged to make available for public inspection and
copying other opinions of their legal officers that are statements of
policy or interpretation that have been adopted by the agency, unless
the agency determines that disclosure would result in demonstrable harm.
1-502. All agencies are encouraged to make available on request other
legal opinions, when the agency determines that disclosure would not be
harmful.
1-601. The Attorney General, in coordination with the Secretary of
Defense and other agency heads, shall provide for a computerized legal
research system that will be available to all Federal law offices on a
reimbursable basis. The system may include in its data base such
Federal regulations, case briefs, and legal opinions, as the Attorney
General deems appropriate.
1-602. The Federal Legal Council shall provide leadership for all
Federal legal offices in establishing appropriate word processing and
management information systems.
1-701. Each agency shall (a) review the management and operation of
its legal activities and report in one year to the Federal Legal Council
all steps being taken to improve those operations, and (b) cooperate
with the Federal Legal Council and the Attorney General in the
performance of the functions provided by this Order.
1-702. To the extent permitted by law, each agency shall furnish the
Federal Legal Council and the Attorney General with reports, information
and assistance as requested to carry out the provisions of this Order.
Bureau of Justice Assistance within Department of Justice, see
section 3741 et seq. of Title 42, The Public Health and Welfare.
/1/ So in original.
28 USC 510. Delegation of authority
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General may from time to time make such provisions as he
considers appropriate authorizing the performance by any other officer,
employee, or agency of the Department of Justice of any function of the
Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612.)
The words ''including any function transferred to the Attorney
General by the provisions of this reorganization plan'' are omitted as
executed and unnecessary as the words ''any function of the Attorney
General'' include the functions transferred to the Attorney General by
1950 Reorg. Plan. No. 2.
A prior section 510, act June 25, 1948, ch. 646, 62 Stat. 910,
which related to clerical assistants and messengers for United States
attorneys, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 663, and reenacted in section 550 of this title by section 4(c)
of Pub. L. 89-554.
28 USC 511. Attorney General to advise the President
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General shall give his advice and opinion on questions
of law when required by the President.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 612.)
28 USC 512. Attorney General to advise heads of executive departments
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The head of an executive department may require the opinion of the
Attorney General on questions of law arising in the administration of
his department.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613.)
28 USC 513. Attorney General to advise Secretaries of military
departments
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
When a question of law arises in the administration of the Department
of the Army, the Department of the Navy, or the Department of the Air
Force, the cognizance of which is not given by statute to some other
officer from whom the Secretary of the military department concerned may
require advice, the Secretary of the military department shall send it
to the Attorney General for disposition.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613.)
The Department of War was designated the Department of the Army by
the Act of July 26, 1947, ch. 343, 205, 61 Stat. 501. ''Department of
the Air Force'' is added on authority of the Act of July 26, 1947, ch.
343, 207(a), (f), 61 Stat. 502. The word ''Secretary'' is substituted
for ''head.'' The words ''military department'' are substituted for
''department'' to conform to section 102 of title 5, United States Code,
and section 101 of title 10, United States Code. The words ''for
disposition'' are substituted for ''to be by him referred to the proper
officer in his department, or otherwise disposed of as he may deem
proper.''
28 USC 514. Legal services on pending claims in departments and
agencies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
When the head of an executive department or agency is of the opinion
that the interests of the United States require the service of counsel
on the examination of any witness concerning any claim, or on the legal
investigation of any claim, pending in the department or agency, he
shall notify the Attorney General, giving all facts necessary to enable
him to furnish proper professional service in attending the examination
or making the investigation, and the Attorney General shall provide for
the service.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613.)
Sections 187 and 364 of the Revised Statutes are combined into one
section since they both deal with the same subject matter and are
derived from the Act of Feb. 14, 1871, ch. 51, 3, 16 Stat. 412.
The words ''executive department'' are substituted for ''Department''
because ''Department'', as used in R.S. 187 and 364, meant ''executive
department''. (See R.S. 159.) The word ''agency'' is substituted for
''bureau'' as it has a more common current acceptance. The word
''concerning'' is substituted for ''touching''. Reference to
application for a subpena is omitted as R.S. 364 gives the department
head the same authority to request aid from the Attorney General whether
or not application has been made for a subpena.
Section 187 of the Revised Statutes was part of title IV of the
Revised Statutes. The Act of July 26, 1947, ch. 343, 201(d), as added
Aug. 10, 1949, ch. 412, 4, 63 Stat. 579 (former 5 U.S.C. 171-1),
which provides ''Except to the extent inconsistent with the provisions
of this Act (National Security Act of 1947), the provisions of title IV
of the Revised Statutes as now or hereafter amended shall be applicable
to the Department of Defense'' is omitted from this title but is not
repealed.
Minor changes are made in phraseology to allow for the combining of
the two sections.
28 USC 515. Authority for legal proceedings; commission, oath, and
salary for special attorneys
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General or any other officer of the Department of
Justice, or any attorney specially appointed by the Attorney General
under law, may, when specifically directed by the Attorney General,
conduct any kind of legal proceeding, civil or criminal, including grand
jury proceedings and proceedings before committing magistrates, which
United States attorneys are authorized by law to conduct, whether or not
he is a resident of the district in which the proceeding is brought.
(b) Each attorney specially retained under authority of the
Department of Justice shall be commissioned as special assistant to the
Attorney General or special attorney, and shall take the oath required
by law. Foreign counsel employed in special cases are not required to
take the oath. The Attorney General shall fix the annual salary of a
special assistant or special attorney at not more than $12,000.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613.)
In subsection (a), the words ''or counselor'' are omitted as
redundant. The words ''United States attorneys'' are substituted for
''district attorneys'' on authority of the Act of June 25, 1948, ch.
646, 1, 62 Stat. 909. The words ''any provision of'' are omitted as
unnecessary.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
28 USC 516. Conduct of litigation reserved to Department of Justice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise authorized by law, the conduct of litigation in
which the United States, an agency, or officer thereof is a party, or is
interested, and securing evidence therefor, is reserved to officers of
the Department of Justice, under the direction of the Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613.)
The section is revised to express the effect of the law. As agency
heads have long employed, with the approval of Congress, attorneys to
advise them in the conduct of their official duties, the first 56 words
of R.S. 361 and of former section 306 of title 5 are omitted as
obsolete.
The section concentrates the authority for the conduct of litigation
in the Department of Justice. The words ''Except as otherwise
authorized by law,'' are added to provide for existing and future
exceptions (e.g., section 1037 of title 10). The words ''an agency''
are added for clarity and to align this section with section 519 which
is of similar import. The words ''as such officer'' are omitted as
unnecessary since it is implied that the officer is a party in his
official capacity as an officer.
So much as prohibits the employment of counsel, other than in the
Department of Justice, to conduct litigation is omitted as covered by
R.S. 365, which is codified in section 3106 of title 5, United States
Code.
38 sections 3730, 5316; title 42 section 1785.
28 USC 517. Interests of United States in pending suits
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Solicitor General, or any officer of the Department of Justice,
may be sent by the Attorney General to any State or district in the
United States to attend to the interests of the United States in a suit
pending in a court of the United States, or in a court of a State, or to
attend to any other interest of the United States.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613.)
42 sections 294h, 3211.
28 USC 518. Conduct and argument of cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except when the Attorney General in a particular case directs
otherwise, the Attorney General and the Solicitor General shall conduct
and argue suits and appeals in the Supreme Court and suits in the United
States Court of Federal Claims or in the United States Court of Appeals
for the Federal Circuit and in the Court of International Trade in which
the United States is interested.
(b) When the Attorney General considers it in the interests of the
United States, he may personally conduct and argue any case in a court
of the United States in which the United States is interested, or he may
direct the Solicitor General or any officer of the Department of Justice
to do so.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 613; amended
Pub. L. 96-417, title V, 503, Oct. 10, 1980, 94 Stat. 1743; Pub. L.
97-164, title I, 117, Apr. 2, 1982, 96 Stat. 32; Pub. L. 102-572,
title IX, 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
The words ''and writs of error'' are omitted on authority of the Act
of Jan. 31, 1928, ch. 14, 1, 45 Stat. 54. The word ''considers'' is
substituted for ''deems''.
1992 -- Subsec. (a). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Subsec. (a). Pub. L. 97-164 substituted ''United States
Claims Court or in the United States Court of Appeals for the Federal
Circuit'' for ''Court of Claims''.
1980 -- Subsec. (a). Pub. L. 96-417 required the Attorney General
and the Solicitor General to conduct and argue suits in the Court of
International Trade.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
sections 663, 792, 1132, 1852; title 30 section 822;
title 31 section 3718; title 42 sections 300aa-12,
7171.
28 USC 519. Supervision of litigation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise authorized by law, the Attorney General shall
supervise all litigation to which the United States, an agency, or
officer thereof is a party, and shall direct all United States
attorneys, assistant United States attorneys, and special attorneys
appointed under section 543 of this title in the discharge of their
respective duties.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 614.)
The words ''Except as otherwise authorized by law,'' are added to
provide for existing and future exceptions (e.g., section 1037 of title
10).
The words ''or officer'' are added for clarity and to align this
section with section 516 which is of similar import.
The words ''special attorneys appointed under section 543'' are
substituted for ''attorneys appointed under section 543'' to reflect the
revision of this title.
Pub. L. 96-132, 11, Nov. 30, 1979, 93 Stat. 1047, required the
Attorney General, not later than Apr. 15, 1980, after consultation with
the Director of the Executive Office of United States Attorneys and such
Assistant Attorneys as appropriate, to prepare and submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a plan for the activation and coordination, within the
Department of Justice, of compatible, comprehensive case management
information and tracking systems for each of the judicial districts of
the United States and for each of the divisions of the Department.
Pub. L. 96-132, 21, Nov. 30, 1979, 93 Stat. 1049, required the
Attorney General, during the fiscal year ending Sept. 30, 1980, to
transmit a report to each House of Congress in any case in which the
Attorney General considered the provisions of law enacted by the
Congress and at issue to be unconstitutional and in such cases required
a representative of the Department of Justice participating in such case
to make a declaration that such opinion of the Attorney General
regarding the constitutionality of those provisions of law involved
constitutes the opinion of the executive branch of the government with
respect to such matter.
Similar provisions were contained in Pub. L. 95-624, 13, Nov. 9,
1978, 92 Stat. 3464.
Pub. L. 95-624, 17, Nov. 9, 1978, 92 Stat. 3465, provided that the
Attorney General undertake a study and make recommendations concerning
violations of Federal criminal laws which have not been prosecuted and
present such study and recommendations to the Committee on the Judiciary
of the Senate and the House of Representatives not later than Oct. 1,
1979.
Ex. Ord. No. 12778, Oct. 23, 1991, 56 F.R. 55195, provided:
WHEREAS, the tremendous growth in civil litigation has burdened the
American court system and has imposed high costs on American
individuals, small businesses, industry, professionals, and government
at all levels;
WHEREAS, several current litigation practices add to these burdens
and costs by prolonging the resolution of disputes, thus delaying just
compensation and encouraging wasteful litigation;
WHEREAS, the harmful consequences of these litigation practices may
be ameliorated by encouraging voluntary dispute resolution, limitations
on unnecessary discovery, judicious use of expert testimony, prudent use
of sanctions, improved use of litigation resources, and, where
appropriate, modified fee arrangements;
WHEREAS, the United States sets an example for private litigation by
adhering to higher standards than those required by the rules of
procedure in the conduct of Government litigation in Federal court, and
can continue to do so without impairing the effectiveness of its
litigation efforts;
WHEREAS, improving the quality of legislation and regulation to
eliminate ambiguities in drafting would reduce uncertainty and
unnecessary litigation; and,
WHEREAS, improving the quality of administrative adjudications would
reduce the time and resources expended during the administrative
process.
NOW, THEREFORE, I, GEORGE BUSH, by the authority vested in me as
President by the Constitution and the laws of the United States of
America, including chapter 31 of title 28, United States Code, and
section 301 of title 3, United States Code, and in order to facilitate
the just and efficient resolution of civil claims involving the United
States Government, to encourage the filing of only meritorious civil
claims, to improve legislative and regulatory drafting to reduce
needless litigation, to promote fair and prompt adjudication before
administrative tribunals, and to provide a model for similar reforms of
litigation practices in the private sector and in various states, hereby
order as follows:
Section 1. Guidelines to Promote Just and Efficient Government Civil
Litigation. To promote the just and efficient resolution of civil
claims, those Federal agencies and litigation counsel that conduct or
otherwise participate in civil litigation on behalf of the United States
Government in Federal court shall respect and adhere to the following
guidelines during the conduct of such litigation:
(a) Pre-filing Notice of a Complaint. No litigation counsel shall
file a complaint initiating civil litigation without first making a
reasonable effort to notify all disputants about the nature of the
dispute and to attempt to achieve a settlement, or confirming that the
referring agency that previously handled the dispute has made a
reasonable effort to notify the disputants and to achieve a settlement
or has used its conciliation processes.
(b) Settlement Conferences. As soon as practicable after
ascertaining the nature of a dispute in litigation, and throughout the
litigation, litigation counsel shall evaluate settlement possibilities
and make reasonable efforts to settle the litigation. Such efforts
shall include offering to participate in a settlement conference or
moving the court for a conference pursuant to Rule 16 of the Federal
Rules of Civil Procedure (28 App. U.S.C.) in an attempt to resolve the
dispute without additional civil litigation.
(c) Alternative Methods of Resolving the Dispute in Litigation.
Litigation counsel shall make reasonable attempts to resolve a dispute
expeditiously and properly before proceeding to trial.
(1) Whenever feasible, claims should be resolved through informal
discussions, negotiations, and settlements rather than through
utilization of any formal or structured Alternative Dispute Resolution
(ADR) process or court proceeding. At the same time, litigation counsel
should be trained in dispute resolution techniques and skills that can
contribute to the prompt, fair, and efficient resolution of claims.
Where such benefits may be derived, and after consultation with the
agency referring the matter, litigation counsel should suggest the use
of an appropriate ADR technique to the private parties.
(2) It is appropriate to use ADR techniques or processes to resolve
claims of or against the United States or its agencies, after litigation
counsel determines that the use of a particular technique is warranted
in the context of a particular claim or claims, and that such use will
materially contribute to the prompt, fair, and efficient resolution of
the claims.
(3) Litigation counsel shall neither seek nor agree to the use of
binding arbitration or any other equivalent ADR technique. A technique
is equivalent to binding arbitration if an agency is bound, without
exercise of that agency's discretion, to implement the determination
arising from the ADR technique. The requirements of this paragraph
shall be interpreted in a manner consistent with section 4(b) of the
Administrative Dispute Resolution Act, Public Law 101-552, 104 Stat.
2736 (1990) (5 U.S.C. 581 et seq.). Practice under Tax Court Rule 124
(26 App. U.S.C.) shall be exempt from this provision.
(d) Discovery. To the extent practicable, litigation counsel shall
make every reasonable effort to streamline and expedite discovery in
cases under counsel's supervision and control.
(1) Disclosure of Core Information. In those cases where discovery
will be sought, litigation counsel shall, to the extent practicable,
make reasonable efforts to agree with other parties mutually to exchange
a disclosure statement containing core information relevant to the
dispute and to stipulate to an order memorializing such agreement. For
purposes of this subsection, ''core information'' means the names and
addresses of people having information that is relevant to the proffered
claims and defenses, and the location of documents most relevant to the
case. This guideline to disclose core information shall not apply in
cases while a dispositive motion is pending.
(2) Review of Proposed Document Requests. Each agency within the
executive branch shall establish a coordinated procedure for the conduct
and review of document discovery undertaken in litigation directly by
that agency when that agency is litigation counsel. The procedure shall
include, but is not necessarily limited to, review by a senior lawyer
prior to service or filing of the request in litigation to determine
that the request is not cumulative or duplicative, unreasonable,
oppressive, unduly burdensome or expensive, taking into account the
requirements of the litigation, the amount in controversy, the
importance of the issues at stake in the litigation, and whether the
documents can be obtained from some other source that is more
convenient, less burdensome, or less expensive.
(3) Discovery Motions. Before petitioning a court to resolve a
discovery motion or petitioning a court to impose sanctions for
discovery abuses, litigation counsel shall attempt to resolve the
dispute with opposing counsel. If litigation counsel makes a discovery
motion concerning the dispute, he or she shall represent in that motion
that any attempt at resolution was unsuccessful or impracticable under
the circumstances.
(e) Expert Witnesses. Litigation counsel shall make every reasonable
effort to present only reliable expert testimony before a court.
(1) Widely accepted theories. Litigation counsel shall refrain from
presenting expert testimony from experts who base their conclusions on
explanatory theories that are not widely accepted. For purposes of this
subsection, a theory is widely accepted if it is propounded by at least
a substantial minority of the experts in the relevant field.
(2) Expertise in the field. Litigation counsel shall present expert
testimony only from those experts whose knowledge, background, research,
or other expertise lies in the particular field about which they are
testifying.
(3) Expert disclosure. Litigation counsel shall offer to engage in
mutual disclosure of expert witness information for those experts that a
party expects to call as expert witnesses at trial, provided, and to the
extent, that the other parties agree to make comparable disclosures of
any expert witnesses they expect to call at trial.
(4) Ban on contingency fees. The amount of compensation paid to an
expert witness shall not be linked to a successful outcome in the
litigation.
(f) Sanctions. Litigation counsel shall take steps to seek sanctions
against opposing counsel and opposing parties where appropriate.
(1) Litigation counsel shall evaluate filings made by opposing
parties and, where appropriate, shall petition the court to impose
sanctions against those responsible for abusive practices.
(2) Prior to filing a motion for sanctions, litigation counsel shall
submit the motion for review to the sanctions officer, or his or her
designee, within the litigation counsel's agency. Such officer or
designee shall be a senior supervising attorney within the agency, and
shall be licensed to practice law before a State court, courts of the
District of Columbia, or courts of any territory or Commonwealth of the
United States. The sanctions officer or designee shall also review
motions for sanctions that are filed against litigation counsel, the
United States, its agencies, or its officers.
(g) Improved Use of Litigation Resources. Litigation counsel shall
employ efficient case management techniques and shall make reasonable
efforts to expedite civil litigation in cases under that counsel's
supervision and control. This includes but is not limited to:
(1) making reasonable efforts to negotiate with other parties about,
and stipulate to, facts that are not in dispute;
(2) reviewing and revising pleadings and other filings to ensure that
they are accurate and that they reflect a narrowing of issues, if any,
that has resulted from discovery;
(3) requesting early trial dates where practicable; and,
(4) moving for summary judgment in every case where the movant would
be likely to prevail, or where the motion is likely to narrow the issues
to be tried.
(h) Fees and Expenses. To the extent permissible by law, in civil
litigation involving disputes over Federal contracts pursuant to 41
U.S.C. 601 et seq., or in any civil litigation initiated by the United
States, litigation counsel shall offer to enter into a two-way fee
shifting agreement with opposing parties to the dispute, whereby the
losing party would pay the prevailing party's fees and costs, subject to
reasonable terms and limitations. The Attorney General shall review the
legal authority for entering into such agreements.
Sec. 2. Principles to Enact Legislation and Promulgate Regulations
Which Do Not Unduly Burden the Federal Court System.
(a) General Duty to Review Legislation and Regulations. Within
current budgetary constraints and existing executive branch coordination
mechanisms and procedures established in OMB Circular A-19 (legislation)
and Executive Order No. 12291 (regulation) (5 U.S.C. 601 note), each
agency that is promulgating new regulations, reviewing existing
regulations, developing legislative proposals concerning regulations,
and developing new legislation shall adhere to the following
requirements:
(1) The agency's proposed legislation and regulations shall be
reviewed by the agency to eliminate drafting errors and needless
ambiguity.
(2) The agency's proposed legislation and regulations shall be
written to minimize needless litigation.
(3) The agency's proposed legislation and regulations shall provide a
clear and certain legal standard for affected conduct rather than a
general standard, and shall promote simplification and burden reduction.
(b) Specific Issues for Review. In conducting the reviews required
by subsection (a), each agency formulating proposed legislation and
regulations shall make every reasonable effort to ensure:
(1) that the legislation --
(A) Specifies whether all causes of action arising under the law are
subject to statutes of limitations;
(B) Specifies in clear language the preemptive effect, if any, to be
given to the law;
(C) Specifies in clear language the effect on existing Federal law,
if any, including all provisions repealed or modified;
(D) Provides a clear and certain legal standard for affected conduct
rather than a general standard, while promoting simplification and
burden reduction;
(E) Specifies whether private arbitration and other forms of private
dispute resolution are appropriate under enforcement and relief
provisions, subject to constitutional requirements;
(F) Specifies whether the provisions of the law are constitutionally
severable, if appropriate;
(G) Specifies in clear language the retroactive effect, if any, to be
given to the law;
(H) Specifies in clear language the applicable burdens of proof;
(I) Specifies in clear language whether it grants private parties a
right to sue and, if so, the relief available and the conditions and
terms for any authorized award of attorney's fees, if any;
(J) Specifies whether State courts have jurisdiction under the law
and, if so, whether and under what conditions an action would be
removable to Federal court;
(K) Specifies whether administrative proceedings are to be required
before parties may file suit in court and, if so, describes those
proceedings and requires the exhaustion of administrative remedies;
(L) Sets forth the standards governing the assertion of personal
jurisdiction, if any;
(M) Defines key statutory terms, either explicitly or by reference to
other statutes that explicitly define those terms;
(N) Specifies whether the legislation applies to the Federal
Government or its agencies;
(O) Specifies whether the legislation applies to States, territories,
the District of Columbia, and the Commonwealths of Puerto Rico and of
the Northern Mariana Islands; and,
(P) Addresses other important issues affecting clarity and general
draftsmanship of legislation set forth by the Attorney General, with the
concurrence of the Director of the Office of Management and Budget and
after consultation with affected agencies, that are determined to be in
accordance with the purposes of this order.
(2) that the regulation --
(A) Specifies in clear language the preemptive effect, if any, to be
given to the regulation;
(B) Specifies in clear language the effect on existing Federal law or
regulation, if any, including all provisions repealed or modified;
(C) Provides a clear and certain legal standard for affected conduct
rather than a general standard, while promoting simplification and
burden reduction;
(D) Specifies in clear language the retroactive effect, if any, to be
given to the regulation;
(E) Specifies whether administrative proceedings are to be required
before parties may file suit in court and, if so, describes those
proceedings and requires the exhaustion of administrative remedies;
(F) Defines key terms, either explicitly or by reference to other
regulations or statutes that explicitly define those items;
(G) Addresses other important issues affecting clarity and general
draftsmanship of regulations set forth by the Attorney General, with the
concurrence of the Director of the Office of Management and Budget and
after consultation with affected agencies, that are determined to be in
accordance with the purposes of this order.
(c) Certification of Compliance for Agency Legislation or
Regulations. When transmitting such draft legislation or regulation to
the Office of Management and Budget (''OMB''), the agency must certify
that (i) it has reviewed such draft legislation or regulation in light
of this section, and (ii) either the draft legislation or regulation
meets the applicable standards provided in subsections (a) and (b) of
this section, or it is unreasonable to require the particular piece of
draft legislation or regulation to meet one or more of those standards.
Where the standards are not met, the agency certification must include
an explanation of the reasons for the departure from the standards.
Recommendations and cost-benefit analyses under subsection (d) of this
section shall be included in the agency certification required by this
subsection.
(d) One-Way Fee Provisions. Each agency shall review, and shall
perform a cost-benefit analysis on, all provisions of any legislation or
regulation that the agency proposes which provide for an award for
attorney's fees in favor of only one class of parties, including those
statutes which require the Government to pay a prevailing private
party's attorney's fees. The agency shall recommend against enactment
of the fee shifting provisions of such legislation if the costs
significantly outweigh the benefits, or if the legislation does not
define the fees and costs covered by the statute or detail when an award
of fees and costs would be appropriate. Such agency recommendations
shall be presented to OMB through the Circular A-19 legislative
coordination and clearance process and included in the agency
certification required under subsection (c) of this section.
Sec. 3. Principles to Promote Just and Efficient Administrative
Adjudications. In order to promote just and efficient resolution of
disputes, an agency that adjudicates administrative claims shall, to the
extent reasonable and practicable, and when not in conflict with other
sections of this order, implement the recommendations of the
Administrative Conference of the United States, entitled ''Case
Management as a Tool for Improving Agency Adjudication,'' as contained
in 1 C.F.R. 305.86-7 (1991).
Sec. 4. Coordination by the Department of Justice.
(a) The Attorney General shall coordinate efforts by Federal agencies
to implement sections 1 and 3 of this order.
(b) To implement the principles and purposes announced by this order,
the Attorney General is authorized to issue guidelines implementing
sections 1 and 3 of this order for the Department of Justice. Such
guidelines shall serve as models for internal guidelines which may be
issued by other agencies pursuant to this order.
Sec. 5. Definitions. For purposes of this order:
(a) The term ''agency'' shall be defined as that term is defined in
section 451 of title 28, United States Code, except that it shall
exclude all departments and establishments in the legislative or
judicial branches of the United States.
(b) The term ''litigation counsel'' shall be defined as the trial
counsel or the office in which such trial counsel is employed, such as
the United States Attorney's Office for the district in which the
litigation is pending or a litigating division of the Department of
Justice. Special Assistant United States Attorneys are included within
this definition. Those agencies authorized by law to represent
themselves in court without assistance from the Department of Justice
are also included in this definition, as are private counsel hired by
any Federal agency to conduct litigation on behalf of the agency or the
United States.
Sec. 6. No Private Rights Created. This order is intended only to
improve the internal management of the executive branch in resolving
disputes, conducting litigation in a reasonable and just manner, and
reviewing legislation and regulations. This order shall not be
construed as creating any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the United States,
its agencies, its officers, or any other person. This order shall not
be construed to create any right to judicial review involving the
compliance or noncompliance of the United States, its agencies, its
officers, or any other person with this order. Nothing in this order
shall be construed to obligate the United States to accept a particular
settlement or resolution of a dispute, to alter its standards for
accepting settlements, to forego seeking a consent decree or other
relief, or to alter any existing delegation of settlement or litigating
authority.
Sec. 7. Scope.
(a) No Applicability to Criminal Matters or Proceedings in Foreign
Courts. This order is applicable to civil matters only. It is not
intended to affect criminal matters, including enforcement of criminal
fines or judgments of forfeiture. This order does not apply to
litigation brought by or against the United States in foreign courts or
tribunals.
(b) Application of Notice Provision. Notice pursuant to subsection
(a) of section 1 is not required (i) in any action to seize or forfeit
assets subject to forfeiture or in any action to seize property; (ii)
in any bankruptcy, insolvency, conservatorship, receivership, or
liquidation proceeding; (iii) when the assets that are the subject of
the action or that would satisfy the judgment are subject to flight,
dissipation, or destruction; (iv) when the defendant is subject to
flight; (v) when, as determined by litigation counsel, exigent
circumstances make providing such notice impracticable or such notice
would otherwise defeat the purpose of the litigation, such as in actions
seeking temporary restraining orders or preliminary injunctive relief;
or (vi) in those limited classes of cases where the Attorney General
determines that providing such notice would defeat the purpose of the
litigation.
(c) Application of Alternative Dispute Resolution and Core Disclosure
Provisions. Subsections (c) and (d)(1) of section 1 of this order shall
not apply (i) to any action to seize or forfeit assets subject to
forfeiture, or (ii) to any debt collection case (including any action
for civil penalties or taxes) involving an amount in controversy less
than $100,000.
(d) Additional Guidance as to Scope. The Attorney General shall have
the authority to issue further guidance as to the scope of this order,
except section 2, consistent with the purposes of this order.
Sec. 8. Conflicts with Other Rules. Nothing in this order shall be
construed to require litigation counsel or any agency to act in a manner
contrary to the Federal Rules of Civil Procedure (28 App. U.S.C.), Tax
Court Rules of Practice and Procedure (26 App. U.S.C.), State or Federal
law, other applicable rules of practice or procedure, or court order.
Sec. 9. Privileged Information. Nothing in this order shall compel
or authorize the disclosure of privileged information, sensitive law
enforcement information, information affecting national security, or
information the disclosure of which is prohibited by law.
Sec. 10. Effective Date. This order shall become effective 90 days
after the date of signature. This order shall not apply to litigation
commenced prior to the effective date.
George Bush.
31 section 3718; title 38 sections 3730, 5316; title
42 section 8412.
28 USC 520. Transmission of petitions in United States Court of
Federal Claims or in United States Court of Appeals for the Federal
Circuit; statement furnished by departments
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) In suits against the United States in the United States Court of
Federal Claims or in the United States Court of Appeals for the Federal
Circuit founded on a contract, agreement, or transaction with an
executive department or military department, or a bureau, officer, or
agent thereof, or when the matter or thing on which the claim is based
has been passed on and decided by an executive department, military
department, bureau, or officer authorized to adjust it, the Attorney
General shall send to the department, bureau, or officer a printed copy
of the petition filed by the claimant, with a request that the
department, bureau, or officer furnish to the Attorney General all
facts, circumstances, and evidence concerning the claim in the
possession or knowledge of the department, bureau, or officer.
(b) Within a reasonable time after receipt of the request from the
Attorney General, the executive department, military department, bureau,
or officer shall furnish the Attorney General with a written statement
of all facts, information, and proofs. The statement shall contain a
reference to or description of all official documents and papers, if
any, as may furnish proof of facts referred to in it, or may be
necessary and proper for the defense of the United States against the
claim, mentioning the department, office, or place where the same is
kept or may be secured. If the claim has been passed on and decided by
the department, bureau, or officer, the statement shall briefly state
the reasons and principles on which the decision was based. When the
decision was founded on an Act of Congress it shall be cited
specifically, and if any previous interpretation or construction has
been given to the Act, section, or clause by the department, bureau, or
officer, it shall be set forth briefly in the statement and a copy of
the opinion filed, if any, attached to it. When a decision in the case
has been based on a regulation of a department or when a regulation has,
in the opinion of the department, bureau, or officer sending the
statement, any bearing on the claim, it shall be distinctly quoted at
length in the statement. When more than one case or class of cases is
pending, the defense of which rests on the same facts, circumstances,
and proofs, the department, bureau, or officer may certify and send one
statement and it shall be held to apply to all cases as if made out,
certified, and sent in each case respectively.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 614; amended
Pub. L. 97-164, title I, 118(a), Apr. 2, 1982, 96 Stat. 32; Pub. L.
102-572, title IX, 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
The section is reorganized and restated for clarity.
In subsection (a), the word ''concerning'' is substituted for
''touching''.
In subsection (b), the words ''without delay'' are omitted as
unnecessary in view of the requirement that the statement be furnished
''Within a reasonable time''. The word ''briefly'' is substituted for
''succinctly''. The words ''in suit'' are omitted as unnecessary.
The words ''executive department'' are substituted for ''department''
because ''department'' as used in R.S. 188 meant ''executive
department''. (See R.S. 159.) The words ''military department'' are
inserted to preserve the application of the source law. Before
enactment of the National Security Act Amendments of 1949 (63 Stat.
578), the Department of the Army, the Department of the Navy, and the
Department of the Air Force were Executive departments. The National
Security Act Amendments of 1949 established the Department of Defense as
an Executive Department including the Department of the Army, the
Department of the Navy, and the Department of the Air Force as military
departments, not as Executive departments. However, the source law for
this section, which was in effect in 1949, remained applicable to the
Secretaries of the military departments by virtue of section 12(g) of
the National Security Act Amendments of 1949 (63 Stat. 591), which is
set out in the reviser's note for section 301 of title 5, United States
Code.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' in section catchline and
subsec. (a).
1982 -- Pub. L. 97-164, 118(a)(2), substituted ''United States
Claims Court or in United States Court of Appeals for the Federal
Circuit'' for ''Court of Claims'' in section catchline.
Subsec. (a). Pub. L. 97-164, 118(a)(1), substituted ''United States
Claims Court or in the United States Court of Appeals for the Federal
Circuit'' for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC 521. Publication and distribution of opinions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General, from time to time --
(1) shall cause to be edited, and printed in the Government Printing
Office, such of his opinions as he considers valuable for preservation
in volumes; and
(2) may prescribe the manner for the distribution of the volumes.
Each volume shall contain headnotes, an index, and such footnotes as
the Attorney General may approve.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 614.)
Section 188 of the Revised Statutes was part of title IV of the
Revised Statutes. The Act of July 26, 1947, ch. 343, 201(d), as added
Aug. 10, 1949, ch. 412, 4, 63 Stat. 579 (former 5 U.S.C. 171-1),
which provides ''Except to the extent inconsistent with the provisions
of this Act (National Security Act of 1947), the provisions of title IV
of the Revised Statutes as now or hereafter amended shall be applicable
to the Department of Defense'' is omitted from this title but is not
repealed.
The words ''his opinions'' are substituted for ''the opinions of the
law officers herein authorized to be given'' as the opinions of the
Attorney General are his and only his and the reference to other ''law
officers'' is misleading. All functions of all other officers of the
Department of Justice were transferred to the Attorney General by 1950
Reorg. Plan No. 2, 1, eff. May 14, 1950, 64 Stat. 1261. The word
''considers'' is substituted for ''may deem''.
In the last sentence, the words ''proper'' and ''complete and full''
are omitted as unnecessary.
28 USC 522. Report of business and statistics
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General, by April 1 of each year, shall report to
Congress on the business of the Department of Justice for the last
preceding fiscal year, and on any other matters pertaining to the
Department that he considers proper, including --
(1) a statement of the several appropriations which are placed under
the control of the Department and the amount appropriated;
(2) the statistics of crime under the laws of the United States; and
(3) a statement of the number of causes involving the United States,
civil and criminal, pending during the preceding year in each of the
several courts of the United States.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 615; amended
Pub. L. 94-273, 19, Apr. 21, 1976, 90 Stat. 379.)
The words ''The Attorney General . . . shall report'' are substituted
for ''It shall be the duty of the Attorney General to make . . . a
report''. The word ''beginning'' is substituted for ''commencement''.
The words ''pertaining to the Department that he considers proper'' are
substituted for ''appertaining thereto that he may deem proper''.
The words ''and a detailed statement of the amounts used for
defraying the expenses of the United States courts in each judicial
district'' are omitted as obsolete in view of the creation of the
Administrative Office of the United States Courts by the Act of Aug. 7,
1939, ch. 501, 1, 53 Stat. 1223 (Chapter 41 of this title).
In paragraph (3), the words ''involving the United States'' are
inserted for clarity. The function of reporting on all cases pending in
the United States courts is now vested in the Administrative Office of
the United States Courts, see 28 U.S.C. 604.
1976 -- Pub. L. 94-273 substituted ''by April 1 of each year'' for
''at the beginning of each regular session of Congress''.
Pub. L. 101-647, title XXV, 2546, Nov. 29, 1990, 104 Stat. 4885,
provided that:
''(a) In General. --
''(1) Data collection. -- The Attorney General shall compile and
collect data concerning --
''(A) the nature and number of civil and criminal investigations,
prosecutions, and related proceedings, and civil enforcement and
recovery proceedings, in progress with respect to banking law offenses
under sections 981, 1008, 1032, and 3322(d) of title 18, United States
Code, and section 951 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1833a) and conspiracies to commit
any such offense, including inactive investigations of such offenses;
''(B) the number of --
''(i) investigations, prosecutions, and related proceedings described
in subparagraph (A) which are inactive as of the close of the reporting
period but have not been closed or declined; and
''(ii) unaddressed referrals which allege criminal misconduct
involving offenses described in subparagraph (A),
and the reasons such matters are inactive and the referrals
unaddressed;
''(C) the nature and number of such matters closed, settled, or
litigated to conclusion; and
''(D) the results achieved, including convictions and pretrial
diversions, fines and penalties levied, restitution assessed and
collected, and damages recovered, in such matters.
''(2) Analysis and report. -- The Attorney General shall analyze and
report to the Congress on the data described in paragraph (1) and its
coordination and other related activities named in section 2539(c)(2)
(probably means section 2539(c)(3) of Pub. L. 101-647, set out as a note
under section 509 of this title) and shall provide such report on the
data monthly through December 31, 1991, and quarterly after such date.
''(b) Specifics of Report. -- The report required by subsection (a)
shall --
''(1) categorize data as to various types of financial institutions
and appropriate dollar loss categories;
''(2) disclose data for each Federal judicial district;
''(3) describe the activities of the Financial Institution Fraud
Unit; and
''(4) list --
''(A) the number of institutions, categorized by failed and open
institutions, in which evidence of significant fraud, unlawful activity,
insider abuse or serious misconduct has been alleged or detected;
''(B) civil, criminal, and administrative enforcement actions,
including those of the Federal financial institutions regulatory
agencies, brought against offenders;
''(C) any settlements or judgments obtained against offenders;
''(D) indictments, guilty pleas, or verdicts obtained against
offenders; and
''(E) the resources allocated in pursuit of investigations,
prosecutions, and sentencings (including indictments, guilty pleas, or
verdicts obtained against offenders) and related proceedings.''
Pub. L. 100-700, 6, Nov. 19, 1988, 102 Stat. 4634, provided that:
''Commencing with the first year after the date of enactment of this
section (Nov. 19, 1988), the Attorney General shall annually report to
the Congress with respect to --
''(1) the number of referrals of fraud cases by the Department of
Defense of defense contractors (with specific statistics with respect to
the one hundred largest contractors), the number of open investigation
of such contractors, and a breakdown of to which United States
Attorney's Office or other component of the Department of Justice each
such case was referred;
''(2) the number of referrals of fraud cases from other agencies or
sources;
''(3) the number of attorneys and support staff assigned pursuant to
this Act (see Tables for classification);
''(4) the number of investigative agents assigned to each
investigation and the period of time each investigation has been opened;
''(5) the number of convictions and acquittals achieved by
individuals assigned to positions established by the Act; and
''(6) the sentences, recoveries, and penalties achieved by
individuals assigned to positions established by this Act.''
Pub. L. 98-305, 4, May 31, 1984, 98 Stat. 222, provided that:
''For each of the first three years after the date of enactment of this
Act (May 31, 1984), the Attorney General of the United States shall
submit an annual report to the Congress with respect to the enforcement
activities of the Attorney General relating to the offenses created by
the amendment made by section 2 of this Act (enacting section 2118 of
Title 18, Crimes and Criminal Procedure).''
Pub. L. 98-292, 9, May 21, 1984, 98 Stat. 206, provided that:
''Beginning one hundred and twenty days after the date of enactment of
this Act (May 21, 1984), and every year thereafter, the Attorney General
shall report to the Congress on prosecutions, convictions, and
forfeitures under chapter 110 of title 18 of the United States Code.''
28 USC 523. Requisitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General shall sign all requisitions for the advance or
payment of moneys appropriated for the Department of Justice, out of the
Treasury, subject to the same control as is exercised on like estimates
or accounts by the General Accounting Office.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 615.)
The words ''General Accounting Office'' are substituted for ''First
Auditor or First Comptroller of the Treasury'' on authority of the Act
of June 10, 1921, ch. 18, 304, 42 Stat. 24.
28 USC 524. Availability of appropriations
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Appropriations for the Department of Justice are available for
payment of --
(1) notarial fees, including such additional stenographic services as
are required in connection therewith in the taking of depositions, and
compensation and expenses of witnesses and informants, all at the rates
authorized or approved by the Attorney General or the Assistant Attorney
General for Administration; and
(2) when ordered by the court, actual expenses of meals and lodging
for marshals, deputy marshals, or criers when acting as bailiffs in
attendance on juries.
(b) Except as provided in subsection (a) of this section, a claim of
not more than $500 for expenses related to litigation that is beyond the
control of the Department may be paid out of appropriations currently
available to the Department for expenses related to litigation when the
Comptroller General settles the payment.
(c)(1) There is established in the United States Treasury a special
fund to be known as the Department of Justice Assets Forfeiture Fund
(hereafter in this subsection referred to as the ''Fund'') which shall
be available to the Attorney General without fiscal year limitation for
the following law enforcement purposes --
(A) the payment, at the discretion of the Attorney General, of any
expenses necessary to seize, detain, inventory, safeguard, maintain,
advertise, sell, or dispose of property under seizure, detention, or
forfeited pursuant to any law enforced or administered by the Department
of Justice, or of any other necessary expense incident to the seizure,
detention, forfeiture, or disposal of such property including --
(i) payments for --
(I) contract services;
(II) the employment of outside contractors to operate and manage
properties or provide other specialized services necessary to dispose of
such properties in an effort to maximize the return from such
properties; and
(III) reimbursement of any Federal, State, or local agency for any
expenditures made to perform the functions described in this clause;
(ii) payments to reimburse any Federal agency participating in the
Fund for investigative costs leading to seizures;
(iii) payments for contracting for the services of experts and
consultants needed by the Department of Justice to assist in carrying
out duties related to asset seizure and forfeiture; and
(iv) payments made pursuant to guidelines promulgated by the Attorney
General if such payments are necessary and directly related to seizure
and forfeiture program expenses for --
(I) the purchase or lease of automatic data processing systems (not
less than a majority of which use will be related to such program);
(II) training;
(III) printing;
(IV) the storage, protection, and destruction of controlled
substances; and
(V) contracting for services directly related to the identification
of forfeitable assets, and the processing of and accounting for
forfeitures;
(B) the payment of awards for information or assistance directly
relating to violations of the criminal drug laws of the United States or
of sections 1956 and 1957 of title 18, sections 5313 and 5324 of title
31, and section 6050I of the Internal Revenue Code of 1986;
(C) at the discretion of the Attorney General, the payment of awards
for information or assistance leading to a civil or criminal forfeiture
involving any Federal agency participating in the Fund;
(D) the compromise and payment of valid liens and mortgages against
property that has been forfeited pursuant to any law enforced or
administered by the Department of Justice, subject to the discretion of
the Attorney General to determine the validity of any such lien or
mortgage and the amount of payment to be made, and the employment of
attorneys and other personnel skilled in State real estate law as
necessary;
(E) disbursements authorized in connection with remission or
mitigation procedures relating to property forfeited under any law
enforced or administered by the Department of Justice;
(F)(i) for equipping for law enforcement functions of any
Government-owned or leased vessel, vehicle, or aircraft available for
official use by any Federal agency participating in the Fund;
(ii) for equipping any vessel, vehicle, or aircraft available for
official use by a State or local law enforcement agency to enable the
vessel, vehicle, or aircraft to assist law enforcement functions if the
vessel, vehicle, or aircraft will be used in a joint law enforcement
operation with a Federal agency participating in the Fund; and
(iii) payments for other equipment directly related to seizure or
forfeiture, including laboratory equipment, protective equipment,
communications equipment, and the operation and maintenance costs of
such equipment;
(G) for purchase of evidence of any violation of the Controlled
Substances Act, the Controlled Substances Import and Export Act, chapter
96 of title 18, or sections 1956 and 1957 of title 18;
(H) payment of overtime salaries, travel, fuel, training, equipment,
and other similar costs of State or local law enforcement officers that
are incurred in a joint law enforcement operation with a Federal law
enforcement agency participating in the Fund; /1/
(I) after all reimbursements and program-related expenses have been
met at the end of fiscal year 1989, the Attorney General may transfer
deposits from the Fund to the building and facilities account of the
Federal prison system for the construction of correctional institutions.
Amounts for paying the expenses authorized by subparagraphs (A)(iv),
/2/ (B), (C), (F), (G), and (H) /2/ shall be specified in appropriations
Acts and may be used under authorities available to the organization
receiving the funds. Amounts for other authorized expenditures and
payments from the Fund, including equitable sharing payments, are not
required to be specified in appropriations acts. The Attorney General
may exempt the procurement of contract services under subparagraph (A)
under the fund /3/ from section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5), title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 and following), and
other provisions of law as may be necessary to maintain the security and
confidentiality of related criminal investigations.
(2) Any award paid from the Fund for information, as provided in
paragraph (1)(B) or (C), shall be paid at the discretion of the Attorney
General or his delegate, under existing departmental delegation policies
for the payment of awards, except that the authority to pay an award of
$250,000 or more shall not be delegated to any person other than the
Deputy Attorney General, the Associate Attorney General, the Director of
the Federal Bureau of Investigation, or the Administrator of the Drug
Enforcement Administration. Any award for information pursuant to
paragraph (1)(B) shall not exceed $250,000. Any award for information
pursuant to paragraph (1)(C) shall not exceed the lesser of $250,000 or
one-fourth of the amount realized by the United States from the property
forfeited.
(3) Any amount under subparagraph (F) of paragraph (1) shall be paid
at the discretion of the Attorney General or his delegate, except that
the authority to pay $100,000 or more may be delegated only to the
respective head of the agency involved.
(4) There shall be deposited in the Fund --
(A) all amounts from the forfeiture of property under any law
enforced or administered by the Department of Justice, except all
proceeds of forfeitures available for use by the Secretary of the
Treasury or the Secretary of the Interior pursuant to section 11(d) of
the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)), or the Postmaster
General of the United States pursuant to 39 U.S.C. 2003(b)(7);
(B) all amounts representing the Federal equitable share from the
forfeiture of property under any Federal, State, local or foreign law,
for any Federal agency participating in the Fund; and
(C) all amounts transferred by the Secretary of the Treasury pursuant
to section 9703(g)(4)(A)(ii) of title 31.
(5) Amounts in the Fund, and in any holding accounts associated with
the Fund /4/ which are not currently needed for the purpose of this
section shall be kept on deposit or invested in obligations of, or
guaranteed by, the United States and all earnings on such investments
shall be deposited in the Fund.
(6) The Attorney General shall transmit to the Congress, not later
than 4 months after the end of each fiscal year, detailed reports as
follows:
(A) a report on --
(i) the estimated total value of property forfeited under any law
enforced or administered by the Department of Justice with respect to
which funds were not deposited in the Fund; and
(ii) the estimated total value of all such property transferred to
any State or local law enforcement agency;
(B) a report on --
(i) the Fund's beginning balance;
(ii) sources of receipts (seized cash, conveyances, and others);
(iii) liens and mortgages paid and amount of money shared with State
and local law enforcement agencies;
(iv) the net amount realized from the year's operations, amount of
seized cash being held as evidence, and the amount of money legally
allowed to be carried over to next year;
(v) any defendant's property, not forfeited at the end of the
preceding fiscal year, if the equity in such property is valued at
$1,000,000 or more; and
(vi) year-end Fund balance; and
(C) a report for such fiscal year, containing audited financial
statements, in the form prescribed by the Attorney General, in
consultation with the Comptroller General, including profit and loss
information with respect to forfeited property (by category), and
financial information on forfeited property transactions (by type of
disposition).
(7) The Fund shall be subject to annual audit by the Comptroller
General.
(8) The provisions of this subsection relating to deposits in the
Fund shall apply to all property in the custody of the Department of
Justice on or after the effective date of the Comprehensive Forfeiture
Act of 1983.
(9)(A) There are authorized to be appropriated such sums as necessary
for the purposes described in subparagraphs (A)(iv), (B), (C), (F), (G),
and (H) of paragraph (1).
(B) Subject to subparagraph (C), in each of fiscal years 1990, 1991,
1992, and 1993, the Attorney General may transfer from the Fund not more
than $150,000,000 to the Special Forfeiture Fund established by section
6073 of the Anti-Drug Abuse Act of 1988. Such transfers shall be made
at the end of each quarter of the fiscal year involved and on a
quarterly pro rata basis.
(C) Transfers under subparagraph (B) may be made only from excess
unobligated amounts and only to the extent that, as determined by the
Attorney General, such transfers will not impair the future availability
of amounts for the purposes under paragraph (1). Further, transfers
under subsection /5/ (B) may be made only to the extent that the sum of
the transfers for the current fiscal year and the unobligated balance at
the beginning of the current fiscal year for the Special Forfeiture Fund
do not exceed $150,000,000.
(D) At the end of each of fiscal years 1990, 1991, 1992, and 1993,
the Attorney General may retain in the Fund not more than $15,000,000,
or, if determined by the Attorney General to be necessary for
asset-specific expenses, a greater amount equal to not more than
one-tenth of the total of obligations from the Fund in preceding fiscal
year.
(E) Subject to the notification procedures contained in section 606
of Public Law 101-515, and after reserving the amounts authorized in
subparagraph (D) above, any unobligated balances remaining in the Fund
on September 30, 1991, and on September 30 of each fiscal year
thereafter, shall be available to the Attorney General, without fiscal
year limitation, for law enforcement, prosecution and correctional
activities, and related training requirements of Federal agencies. Any
amounts provided pursuant to this section may be used under authorities
available to the organization receiving the funds.
(10) Following the completion of procedures for the forfeiture of
property pursuant to any law enforced or administered by the Department,
the Attorney General is authorized, at his discretion, to warrant clear
title to any subsequent purchaser or transferee of such forfeited
property.
(11) The Attorney General shall transfer from the Fund to the
Secretary of the Treasury for deposit in the Department of the Treasury
Forfeiture Fund amounts appropriate to reflect the degree of
participation of the Department of the Treasury law enforcement
organizations (described in section 9703(p) of title 31) in the law
enforcement effort resulting in the forfeiture pursuant to laws enforced
or administered by the Department of Justice.
(12) For purposes of this subsection and notwithstanding section 9703
of title 31 or any other law, property is forfeited pursuant to a law
enforced or administered by the Department of Justice if it is forfeited
pursuant to --
(A) a judicial forfeiture proceeding when the underlying seizure was
made by an officer of a Federal law enforcement agency participating in
the Department of Justice Assets Forfeiture Fund or the property was
maintained by the United States Marshals Service; or
(B) a civil administrative forfeiture proceeding conducted by a
Department of Justice law enforcement component.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 615; amended
Pub. L. 97-258, 2(g)(1)(B)-(D), Sept. 13, 1982, 96 Stat. 1060; Pub.
L. 98-473, title II, 310, 2303, Oct. 12, 1984, 98 Stat. 2052, 2193;
Pub. L. 99-570, title I, 1152(a), Oct. 27, 1986, 100 Stat. 3207-12;
Pub. L. 99-646, 27, Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-202,
101(a) (title II, 210(a)), Dec. 22, 1987, 101 Stat. 1329, 1329-18;
Pub. L. 100-690, title VI, 6072, Nov. 18, 1988, 102 Stat. 4320; Pub.
L. 101-509, title III, 1, Nov. 5, 1990, 104 Stat. 1403; Pub. L.
101-647, title XVI, 1601, title XX, 2001(a), 2002, 2005, 2006, Nov.
29, 1990, 104 Stat. 4842, 4854, 4855; Pub. L. 102-27, title II, 101,
Apr. 10, 1991, 105 Stat. 135; Pub. L. 102-140, title I, 112, Oct. 28,
1991, 105 Stat. 795; Pub. L. 102-393, title VI, 638(f), Oct. 6, 1992,
106 Stat. 1788; Pub. L. 102-395, title I, 114(b), (c), Oct. 6, 1992,
106 Stat. 1845; Pub. L. 102-550, title XV, 1529, Oct. 28, 1992, 106
Stat. 4065.)
The words ''now or hereafter'' are omitted as unnecessary. The words
''Assistant Attorney General for Administration'' are substituted for
''his administrative assistant'' to make the statute more specific and
to reflect the current title of the position, see 307 of the Act of
Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432.
The words ''After October 10, 1949'' are omitted as executed. The
words ''Except as provided in subsection (a) of this section'' are added
for clarity. The words ''fees, storage, or other items of'' are omitted
as surplus. The words ''to the Department'' are added for clarity.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63 Stat.
393, as amended. Title III of the Federal Property and Administrative
Services Act of 1949 is classified generally to subchapter IV ( 251 et
seq.) of chapter 4 of Title 41, Public Contracts. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40, Public Buildings, Property, and Works,
and Tables.
Section 6050I of the Internal Revenue Code of 1986, referred to in
subsec. (c)(1)(B), is classified to section 6050I of Title 26, Internal
Revenue Code.
The Controlled Substances Act, referred to in subsec. (c)(1)(G), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I ( 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (c)(1)(G), is title III of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1285, as amended, which is classified principally to subchapter
II ( 951 et seq.) of chapter 13 of Title 21. For complete
classification of this Act to the Code, see Short Title note set out
under section 951 of Title 21 and Tables.
The effective date of the Comprehensive Forfeiture Act of 1983,
referred to in subsec. (c)(8), probably means the date of enactment of
the Comprehensive Forfeiture Act of 1984, chapter III ( 301 to 323) of
title II of Pub. L. 98-473, which was approved Oct. 12, 1984.
Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in
subsec. (c)(9)(B), is classified to section 1509 of Title 21.
Section 606 of Public Law 101-515 (104 Stat. 2148), referred to in
subsec. (c)(9)(E), is not classified to the Code.
1992 -- Subsec. (c)(1). Pub. L. 102-393, 638(f)(1)(C)-(F), which
directed amendment of par. (1) by adding subpar. (H), redesignating
former subpar. (H) as (I), and substituting ''(A)(iv)'' for ''(A)(ii)''
and ''(G), and (H)'' for ''and (G)'' in the first sentence of par.
following subpar. (I), was executed to par. (1) as amended by Pub. L.
102-395, 114(c), to reflect the probable intent of Congress and the
approval of Pub. L. 102-393 and Pub. L. 102-395 on the same day.
Pub. L. 102-395, 114(c), amended generally the first sentence of
par. following subpar. (H). Prior to amendment, that sentence read as
follows: ''Amounts for paying the expenses authorized by subparagraphs
(A)(ii), (B), (C), (F), and (G) shall be specified in appropriations
acts.''
Subsec. (c)(1)(A). Pub. L. 102-393, 638(f)(1)(A), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows: ''the
payment, at the discretion of the Attorney General, of any expenses
necessary to seize, detain, inventory, safeguard, maintain, advertise,
or sell property under seizure, detention, or forfeited pursuant to any
law enforced or administered by the Department of Justice, or of any
other necessary expenses incident to the seizure, detention, or
forfeiture of such property; such payments may include --
''(i) payments for contract services, the employment of outside
contractors to operate and manage properties or provide other
specialized services as necessary to dispose of such properties in an
effort to maximize the return from such properties, and payments to
reimburse any Federal, State, or local agency for any expenditures made
to perform the foregoing functions; and
''(ii) payments made pursuant to regulations promulgated by the
Attorney General, that are necessary and direct program-related expenses
for the purchase or lease of automatic data processing equipment (not
less than a majority of which use will be program related), training,
printing, contracting for services directly related to the
identification of forfeitable assets processing of and accounting for
forfeitures, and the storage, protection, and destruction of controlled
substances;''.
Subsec. (c)(1)(B). Pub. L. 102-550 inserted ''or of sections 1956 and
1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I
of the Internal Revenue Code of 1986'' after ''United States''.
Subsec. (c)(1)(F). Pub. L. 102-393, 638(f)(1)(B), amended subpar.
(F) generally. Prior to amendment, subpar. (F) read as follows: ''for
equipping for law enforcement functions any government-owned or leased
vessels, vehicles, and aircraft available for official use by any
federal agency participating in the Fund;''.
Subsec. (c)(1)(H), (I). Pub. L. 102-393, 638(f)(1)(C)-(E), added
subpar. (H) and redesignated former subpar. (H) as (I).
Subsec. (c)(4). Pub. L. 102-393, 638(f)(2), inserted ''Federal,''
before ''State'' in subpar. (B) and added subpar. (C).
Subsec. (c)(6)(B)(v). Pub. L. 102-393, 638(f)(3), amended cl. (v)
generally. Prior to amendment, cl. (v) read as follows: ''any
defendant's equity in property valued at $1,000,000 or more; and''.
Subsec. (c)(9)(A). Pub. L. 102-393, 638(f)(4), substituted
''(A)(iv)'' for ''(A)(ii)'' and ''(G), and (H)'' for ''and (G)''.
Subsec. (c)(9)(E). Pub. L. 102-395, 114(b), struck out ''to be
transferred to any Federal agency'' after ''without fiscal year
limitation,'' and substituted for period at end ''of Federal agencies.
Any amounts provided pursuant to this section may be used under
authorities available to the organization receiving the funds.''
Pub. L. 102-393, 638(f)(5), struck out ''to procure vehicles,
equipment, and other capital investment items'' before ''for law
enforcement''.
Subsec. (c)(11), (12). Pub. L. 102-393, 638(f)(6), added pars.
(11) and (12) and struck out former par. (11) which read as follows:
''For the purposes of this subsection, property is forfeited pursuant to
a law enforced or administered by the Department of Justice if it is
forfeited pursuant to --
''(A) any criminal forfeiture proceeding;
''(B) any civil judicial forfeiture proceeding; or
''(C) any civil administrative forfeiture proceeding conducted by the
Department of Justice,
except to the extent that the seizure was effected by a Customs
officer or that custody was maintained by the United States Customs
Service in which case the provisions of section 613A of the Tariff Act
of 1930 (19 U.S.C. 1613a) shall apply.''
1991 -- Subsec. (c)(1). Pub. L. 102-140, 112(1), substituted ''law
enforcement purposes'' for ''purposes of the Department of Justice'' in
introductory provisions.
Subsec. (c)(1)(C). Pub. L. 102-140, 112(2), added subpar. (C) and
struck out former subpar. (C) which read as follows: ''at the
discretion of the Attorney General, the payment of awards for
information or assistance leading to --
''(i) a civil or criminal forfeiture under the Controlled Substances
Act or the Controlled Substances Import and Export Act;
''(ii) a criminal forfeiture under chapter 96 of title 18;
''(iii) a civil forfeiture under section 981 of title 18; or
''(iv) a criminal forfeiture under section 982 of title 18.''
Subsec. (c)(1)(F). Pub. L. 102-140, 112(3), (4), struck out ''drug''
before ''law enforcement functions'' and substituted ''any federal
agency participating in the Fund'' for ''the Drug Enforcement
Administration, the Federal Bureau of Investigation, the Immigration and
Naturalization Service, or the United States Marshals Service''.
Subsec. (c)(4). Pub. L. 102-140, 112(5), added par. (4) and struck
out former par. (4) which read as follows: ''There shall be deposited
in the Fund all amounts from the forfeiture of property under any law
enforced or administered by the Department of Justice, except all
proceeds of forfeitures available for use by the Secretary of the
Treasury or the Secretary of the Interior pursuant to section 11(d) of
the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)) or the Postmaster
General of the United States pursuant to section 2003(b)(7) of title
39.''
Subsec. (c)(5). Pub. L. 102-140, 112(6), inserted '', and in any
holding accounts associated with the Fund'' after first reference to
''Fund''.
Subsec. (c)(9)(C). Pub. L. 102-140, 112(7), inserted at end
''Further, transfers under subsection (B) may be made only to the extent
that the sum of the transfers for the current fiscal year and the
unobligated balance at the beginning of the current fiscal year for the
Special Forfeiture Fund do not exceed $150,000,000.''
Subsec. (c)(9)(E). Pub. L. 102-140, 112(8)(B), which directed the
substitution of ''to be transferred to any Federal agency to procure
vehicles, equipment, and other capital investment items for law
enforcement, prosecution and correctional activities, and related
training requirements'' for ''to procure vehicles, equipment, and other
capital investment items for the law enforcement, prosecution and
correctional activities of the Department of Justice'' was executed by
making the substitution for the quoted words which in the original
contained a comma after ''prosecution'', to reflect the probable intent
of Congress.
Pub. L. 102-140, 112(8)(A), substituted ''of each fiscal year
thereafter'' for '', 1992''.
Pub. L. 102-27 added subpar. (E).
1990 -- Subsec. (c)(1)(C). Pub. L. 101-647, 2005, amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows: ''the
payment of awards for information or assistance leading to a civil or
criminal forfeiture under any law enforced or administered by the
Department of Justice., at the discretion of the Attorney General;''.
Pub. L. 101-647, 1601, which directed substitution of ''the payment
of awards for information or assistance leading to a civil or criminal
forfeiture under any law enforced or administered by the Department of
Justice.'' for ''the payment of awards for information or assistance
leading to civil or criminal forfeiture under the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 800 et seq.) or a
criminal forfeiture under the Racketeer Influenced and Corrupt
Organizations statute (18 U.S.C. 1961 et seq.)'', was executed by making
the substitution for ''the payment of awards for information or
assistance leading to a civil or criminal forfeiture under the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
800 et seq.) or a criminal forfeiture under the Racketeer Influenced and
Corrupt Organizations statute (18 U.S.C. 1961 et seq.)'' to reflect the
probable intent of Congress.
Subsec. (c)(6). Pub. L. 101-647, 2006, struck out ''two'' after
''fiscal year,'' in introductory provisions and added subpar. (C).
Subsec. (c)(9). Pub. L. 101-647, 2001(a), inserted ''(A)'' before
''There'' and substituted subpars. (B) to (D) for ''For each of fiscal
years 1991, 1992, and 1993, the Attorney General shall transfer not to
exceed $150,000,000 in unobligated amounts available in the Fund to the
Special Forfeiture Fund: Provided, That such amounts will be
transferred on a quarterly basis: Provided further, That, upon each
transfer, not to exceed $15,000,000, or, if determined by the Attorney
General to be necessary to meet forfeiture program expenses, an amount
not to exceed one-tenth of the previous year's obligations shall be
retained in the Fund and remain available for payment of authorized
expenses: Provided further, That, any unobligated amounts in excess of
$150,000,000 shall remain on deposit in the Fund.''
Pub. L. 101-509 amended second sentence generally, substituting
sentence providing for transfers to Special Forfeiture Fund in fiscal
years 1991, 1992, and 1993 for sentence that read as follows: ''At the
end of each of fiscal years 1990, 1991, and 1992, unobligated amounts
not to exceed $150,000,000 remaining in the Fund shall be deposited in
the Special Forfeiture Fund, except that an amount not to exceed
$15,000,000 or, if determined necessary by the Attorney General to meet
asset specific expenses, an amount equal to one-twelfth of the previous
year's expenditures may be carried forward and remain available for
appropriation in the next fiscal year.''
Subsec. (c)(10), (11). Pub. L. 101-647, 2002, added par. (10) and
redesignated former par. (10) as (11).
1988 -- Subsec. (c). Pub. L. 100-690 amended subsec. (c) generally,
revising and restating as pars. (1) to (10) provisions of former pars.
(1) to (8).
1987 -- Subsec. (c)(1)(H). Pub. L. 100-202 added subpar. (H).
1986 -- Subsec. (c)(1)(A). Pub. L. 99-570, 1152(a)(1)(2), inserted
provisions allowing payments that are necessary and direct
program-related expenses for the purchase or lease of automatic data
processing equipment, training, printing, contracting for services
directly related to the processing of and accounting for forfeitures,
and the storage, protection, and destruction of controlled substances.
Subsec. (c)(1)(B) to (E). Pub. L. 99-570, 1152(a)(1)(3), added
subpar. (B) and redesignated former subpars. (B) to (E) as (C) to (F),
respectively.
Subsec. (c)(1)(F). Pub. L. 99-646, 27(a), which directed the
amendment of subpar. (E) by inserting ''the Federal Bureau of
Investigation, the United States Marshals Service,'' after ''for
official use by'' and a comma before ''or'' was not executed in view of
prior redesignation of subpar. (E) as (F) and substantively similar
amendment by section 1152(a) of Pub. L. 99-570.
Pub. L. 99-570, 1152(a)(1)(3), (4), redesignated former subpar. (E)
as (F) and amended it generally. Prior to amendment, subpar. (E) read
as follows: ''for equipping for law enforcement functions of forfeited
vessels, vehicles, and aircraft retained as provided by law for official
use by the Drug Enforcement Administration or the Immigration and
Naturalization Service; and''. Former subpar. (F) redesignated (G).
Subsec. (c)(1)(G). Pub. L. 99-570, 1152(a)(1)(3), redesignated
former subpar. (F) as (G).
Subsec. (c)(4). Pub. L. 99-570, 1152(a)(1)(5), and Pub. L. 99-646,
27(b), made substantially identical amendments substituting '', except
all proceeds of forfeitures available for use by the Secretary of the
Treasury or the Secretary of the Interior pursuant to section 11(d) of
the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' for ''remaining after
the payment of expenses for forfeiture and sale authorized by law''.
Subsec. (c)(8), (9). Pub. L. 99-570, 1152(a)(1)(6), redesignated
par. (9) as (8), and struck out former par. (8) which provided for an
authorization of appropriations for fiscal years 1984 to 1987 and
deposit of excess amounts in the general fund of the Treasury of the
United States.
1984 -- Subsec. (c). Pub. L. 98-473, 310, added subsec. (c).
Subsec. (c)(1)(E), (F). Pub. L. 98-473, 2303(a), added subpars.
(E) and (F).
Subsec. (c)(3) to (9). Pub. L. 98-473, 2303(b), added par. (3) and
redesignated existing pars. (3) to (8) as (4) to (9), respectively.
1982 -- Pub. L. 97-258, 2(g)(1)(B), substituted ''Availability of
appropriations'' for ''Appropriations for administrative expenses;
notarial fees; meals and lodging of bailiffs'' in section catchline.
Subsecs. (a), (b). Pub. L. 97-258, 2(g)(1)(C), (D), designated
existing provisions as subsec. (a) and added subsec. (b).
Section 101(a) (title II, 210(b)) of Pub. L. 100-202 provided that:
''Amounts proposed for transfer pursuant to subsection (a) (amending
this section) shall be transferred only upon notification by the
Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate and approval under said Committees'
policies concerning the reprogramming of funds.''
section 9703.
/1/ So in original. Probably should be followed by ''and''.
/2/ See 1992 Amendment note below.
/3/ So in original. Probably should be capitalized.
/4/ So in original. Probably should be followed by a comma.
/5/ So in original. Probably should be ''subparagraph''.
28 USC 525. Procurement of law books, reference books, and
periodicals; sale and exchange
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
In the procurement of law books, reference books, and periodicals,
the Attorney General may exchange or sell similar items and apply the
exchange allowances or proceeds of such sales in whole or in part
payment therefor.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 615.)
The words ''Attorney General'' are substituted for ''Department of
Justice''.
28 USC 526. Authority of Attorney General to investigate United States
attorneys, marshals, and trustees, clerks of court, and others
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General may investigate the official acts, records,
and accounts of --
(1) the United States attorneys, marshals,, /1/ trustees, including
trustees in cases under title 11; and
(2) at the request and on behalf of the Director of the
Administrative Office of the United States Courts, the clerks of the
United States courts and of the district court of the Virgin Islands,
probation officers, United States magistrates, and court reporters;
for which purpose all the official papers, records, dockets, and
accounts of these officers, without exception, may be examined by agents
of the Attorney General at any time.
(b) Appropriations for the examination of judicial officers are
available for carrying out this section.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 615; amended
Pub. L. 95-598, title II, 219(a), (b), 220, Nov. 6, 1978, 92 Stat.
2662; Pub. L. 99-554, title I, 144(c), Oct. 27, 1986, 100 Stat. 3096.)
In subsection (b), the words ''now or hereafter'' and ''the
provisions of'' are omitted as unnecessary.
Pub. L. 95-598, title IV, 408(c), Nov. 6, 1978, 92 Stat. 2687, as
amended by Pub. L. 98-166, title II, 200, Nov. 28, 1983, 97 Stat.
1081; Pub. L. 98-353, title III, 323, July 10, 1984, 98 Stat. 358;
Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99-500,
101(b) (title II, 200), Oct. 18, 1986, 100 Stat. 1783-39, 1783-45,
and Pub. L. 99-591, 101(b) (title II, 200), Oct. 30, 1986, 100 Stat.
3341-39, 3341-45; Pub. L. 99-554, title III, 307(a), Oct. 27, 1986,
100 Stat. 3125, which provided for the deletion of any references to
United States Trustees in this title at a prospective date, was repealed
by Pub. L. 99-554, title III, 307(b), Oct. 27, 1986, 100 Stat. 3125.
1986 -- Pub. L. 99-554, 144(c)(1), substituted ''trustees'' for
''trustee'' in section catchline.
Subsec. (a)(1). Pub. L. 99-554, 144(c)(2)(A), inserted reference to
trustees in cases under title 11.
Subsec. (a)(2). Pub. L. 99-554, 144(c)(2)(B), struck out references
to courts of the Canal Zone and trustees in cases under title 11.
1978 -- Pub. L. 95-598, 219(b), substituted ''marshals, and
trustee'' for ''and marshals'' in section catchline.
Subsec. (a)(1). Pub. L. 95-518, 219(a), substituted ''marshals, and
trustees'' for ''and marshals''.
Subsec. (a)(2). Pub. L. 95-598, 220, substituted ''officers,
trustees in cases under title 11'' for ''officers, referees, trustees
and receivers in bankruptcy'' and ''magistrates'' for ''commissioners''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
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.
/1/ So in original.
28 USC 527. Establishment of working capital fund
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
There is hereby authorized to be established a working capital fund
for the Department of Justice, which shall be available, without fiscal
year limitation, for expenses and equipment necessary for maintenance
and operations of such administrative services as the Attorney General,
with the approval of the Office of Management and Budget, determines may
be performed more advantageously as central services. The capital of
the fund shall consist of the amount of the fair and reasonable value of
such inventories, equipment, and other assets and inventories on order
pertaining to the services to be carried on by the fund as the Attorney
General may transfer to the fund less related liabilities and unpaid
obligations together with any appropriations made for the purpose of
providing capital. The fund shall be reimbursed or credited with
advance payments from applicable appropriations and funds of the
Department of Justice, other Federal agencies, and other sources
authorized by law for supplies, materials, and services at rates which
will recover the expenses of operations including accrual of annual
leave and depreciation of plant and equipment of the fund. The fund
shall also be credited with other receipts from sale or exchange of
property or in payment for loss or damage to property held by the fund.
There shall be transferred into the Treasury as miscellaneous receipts,
as of the close of each fiscal year, any net income after making
provisions for prior year losses, if any.
(Added Pub. L. 93-613, 1(1), Jan. 2, 1975, 88 Stat. 1975.)
and Limitations
Pub. L. 102-140, title I, Oct. 28, 1991, 105 Stat. 784, provided
that:
''Of the total income of the Working Capital Fund in fiscal year 1992
and each fiscal year thereafter, not to exceed 4 percent of the total
income may be retained, to remain available until expended, for the
acquisition of capital equipment and for the improvement and
implementation of the Department's financial management and
payroll/personnel systems: Provided, That in fiscal year 1992, not to
exceed $4,000,000 of the total income retained shall be used for
improvements to the Department's data processing operation: Provided
further, That any proposed use of the retained income in fiscal year
1992 and thereafter, except for the $4,000,000 specified above, shall
only be made after notification to the Committees on Appropriations of
the House of Representatives and the Senate in accordance with section
606 of this Act (105 Stat. 824).
''In addition, for fiscal year 1992 and thereafter, at no later than
the end of the fifth fiscal year after the fiscal year for which funds
are appropriated or otherwise made available, unobligated balances of
appropriations available to the Department of Justice during such fiscal
year may be transferred into the capital account of the Working Capital
Fund to be available for the departmentwide acquisition of capital
equipment, development and implementation of law enforcement or
litigation related automated data processing systems, and for the
improvement and implementation of the Department's financial management
and payroll/personnel systems: Provided, That any proposed use of these
transferred funds in fiscal year 1992 and thereafter shall only be made
after notification to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 606 of this
Act.''
28 USC 528. Disqualification of officers and employees of the
Department of Justice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General shall promulgate rules and regulations which
require the disqualification of any officer or employee of the
Department of Justice, including a United States attorney or a member of
such attorney's staff, from participation in a particular investigation
or prosecution if such participation may result in a personal,
financial, or political conflict of interest, or the appearance thereof.
Such rules and regulations may provide that a willful violation of any
provision thereof shall result in removal from office.
(Added Pub. L. 95-521, title VI, 603(a), Oct. 26, 1978, 92 Stat.
1874.)
Section effective Oct. 26, 1978, see section 604 of Pub. L.
95-521, set out as a note under section 591 of this title.
28 USC 529. Annual report of Attorney General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Beginning on June 1, 1979, and at the beginning of each regular
session of Congress thereafter, the Attorney General shall report to
Congress on the activities and operations of the Public Integrity
Section or any other unit of the Department of Justice designated to
supervise the investigation and prosecution of --
(1) any violation of Federal criminal law by any individual who holds
or who at the time of such violation held a position, whether or not
elective, as a Federal Government officer, employee, or special
employee, if such violation relates directly or indirectly to such
individual's Federal Government position, employment, or compensation;
(2) any violation of any Federal criminal law relating to lobbying,
conflict of interest, campaigns, and election to public office committed
by any person, except insofar as such violation relates to a matter
involving discrimination or intimidation on grounds of race, color,
religion, or national origin;
(3) any violation of Federal criminal law by any individual who holds
or who at the time of such violation held a position, whether or not
elective, as a State or local government officer or employee, if such
violation relates directly or indirectly to such individual's State or
local government position, employment, or compensation; and
(4) such other matters as the Attorney General may deem appropriate.
Such report shall include the number, type, and disposition of all
investigations and prosecutions supervised by such Section or such unit,
except that such report shall not disclose information which would
interfere with any pending investigation or prosecution or which would
improperly infringe upon the privacy rights of any individuals.
(Added Pub. L. 95-521, title VI, 603(a), Oct. 26, 1978, 92 Stat.
1874.)
Section effective Oct. 26, 1978, see section 604 of Pub. L.
95-521, set out as a note under section 591 of this title.
28 USC 530. Payment of travel and transportation expenses of newly
appointed special agents
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General or the Attorney General's designee is authorized
to pay the travel expenses of newly appointed special agents and the
transportation expenses of their families and household goods and
personal effects from place of residence at time of selection to the
first duty station, to the extent such payments are authorized by
section 5723 of title 5 for new appointees who may receive payments
under that section.
(Added Pub. L. 98-86, 1, Aug. 26, 1983, 97 Stat. 492.)
28 USC 530A. Authorization of appropriations for travel and related
expenses and for health care of personnel serving abroad
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
There are authorized to be appropriated, for any fiscal year, for the
Department of Justice, such sums as may be necessary --
(1) for travel and related expenses of employees of the Department of
Justice serving abroad and their families, to be payable in the same
manner as applicable with respect to the Foreign Service under
paragraphs (3), (5), (6), (8), (9), (11), and (15) of section 901 of the
Foreign Service Act of 1980, and under the regulations issued by the
Secretary of State; and
(2) for health care for such employees and families, to be provided
under section 904 of that Act.
(Added Pub. L. 100-690, title VI, 6281(a), Nov. 18, 1988, 102 Stat.
4368.)
Sections 901 and 904 of the Foreign Service Act of 1980, referred to
in pars. (1) and (2), are classified to sections 4081 and 4084,
respectively, of Title 22, Foreign Relations and Intercourse.
28 USC CHAPTER 33 -- FEDERAL BUREAU OF INVESTIGATION
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
531. Federal Bureau of Investigation.
532. Director of Federal Bureau of Investigation.
533. Investigative and other officials; appointment.
534. Acquisition, preservation, and exchange of identification
records and information; appointment of officials.
535. Investigation of crimes involving Government officers and
employees; limitations.
536. Positions in excepted service.
537. Expenses of unforeseen emergencies of a confidential nature.
/1/
539. /2/ Counterintelligence official reception and representation
expenses.
540. Investigation of felonious killings of State or local law
enforcement officers.
1988 -- Pub. L. 100-690, title VII, 7331(b), Nov. 18, 1988, 102
Stat. 4468, added item 540.
1986 -- Pub. L. 99-569, title IV, 401(b), Oct. 27, 1986, 100 Stat.
3195, added item 539.
1982 -- Pub. L. 97-292, 3(b), Oct. 12, 1982, 96 Stat. 1260,
inserted ''and information'' after ''identification records'' in item
534.
1966 -- Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 616,
substituted ''FEDERAL BUREAU OF INVESTIGATION'' for ''UNITED STATES
MARSHALS'' in chapter heading, added items 531 to 537, and struck out
items 541 to 556.
Powers of Federal Bureau of Investigation, see section 3052 of Title
18, Crimes and Criminal Procedure.
/1/ So in original. Does not conform to section catchline.
/2/ So in original. There is no item 538.
28 USC 531. Federal Bureau of Investigation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Federal Bureau of Investigation is in the Department of Justice.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 616.)
The section is supplied for convenience and clarification. The
Bureau of Investigation in the Department of Justice, the earliest
predecessor agency of the Federal Bureau of Investigation, was created
administratively in 1908. It appears that funds used for the Bureau of
Investigation were first obtained through the Department of Justice
Appropriation Act of May 22, 1908, ch. 186, 1 (par. beginning ''From
the appropriations for the prosecution of crimes''), 35 Stat. 236,
although that statutory provision makes no express mention of the Bureau
or of the investigative function.
Section 3 of Executive Order No. 6166 of June 10, 1933, specifically
recognized the Bureau of Investigation in the Department of Justice and
provided that all that Bureau's functions together with the
investigative functions of the Bureau of Prohibition were ''transferred
to and consolidated in a Division of Investigation in the Department of
Justice, at the head of which shall be a Director of Investigation.''
The Division of Investigation was first designated as the ''Federal
Bureau of Investigation'' by the Act of Mar. 22, 1935, ch. 39, title
II, 49 Stat. 77, and has been so designated in statutes since that
date.
28 USC 532. Director of the Federal Bureau of Investigation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General may appoint a Director of the Federal Bureau of
Investigation. The Director of the Federal Bureau of Investigation is
the head of the Federal Bureau of Investigation.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 616.)
The section is supplied for convenience and clarification and is
based on section 3 of Executive Order No. 6166 of June 10, 1933, which
provided for the transfer of the functions of the Bureau of
Investigation together with the investigative functions of the Bureau of
Prohibition to a ''Division of Investigation in the Department of
Justice, at the head of which shall be a Director of Investigation''.
The Division of Investigation was first designated as the ''Federal
Bureau of Investigation'' by the Act of Mar. 22, 1935, ch. 39, title
II, 49 Stat. 77, and has been so designated in statutes since that
date. The title of ''Director of the Federal Bureau of Investigation''
was recognized by statute in the Act of June 5, 1936, ch. 529, 49 Stat.
1484, and has been used in statutes since that date.
Pub. L. 102-183, title V, 501, Dec. 4, 1991, 105 Stat. 1268,
provided that:
''(a) Study. -- The Director of the Federal Bureau of Investigation
shall conduct a study relative to the establishment of an undergraduate
training program with respect to employees of the Federal Bureau of
Investigation that is similar in purpose, conditions, content, and
administration to undergraduate training programs administered by the
Central Intelligence Agency (under section 8 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403j)), the National Security Agency
(under section 16 of the National Security Agency Act of 1959 (50 U.S.C.
402 (note))()), and the Defense Intelligence Agency (under section 1608
of title 10, United States Code).
''(b) Implementation. -- Any program proposed under subsection (a)
may be implemented only after the Department of Justice and the Office
of Management and Budget review and approve the implementation of such
program.
''(c) Availability of Funds. -- Any payment made by the Director of
the Federal Bureau of Investigation to carry out any program proposed to
be established under subsection (a) may be made in any fiscal year only
to the extent that appropriated funds are available for that purpose.''
Service
Pub. L. 90-351, title VI, 1101, June 19, 1968, 82 Stat. 236, as
amended by Pub. L. 94-503, title II, 203, Oct. 15, 1976, 90 Stat.
2427, provided that:
''(a) Effective as of the day following the date on which the present
incumbent in the office of Director ceases to serve as such, the
Director of the Federal Bureau of Investigation shall be appointed by
the President, by and with the advice and consent of the Senate, and
shall receive compensation at the rate prescribed for level II of the
Federal Executive Salary Schedule (section 5313 of Title 5, Government
Organization and Employees).
''(b) Effective with respect to any individual appointment by the
President, by and with the advice and consent of the Senate, after June
1, 1973, the term of service of the Director of the Federal Bureau of
Investigation shall be ten years. A Director may not serve more than
one ten-year term. The provisions of subsections (a) through (c) of
section 8335 of title 5, United States Code, shall apply to any
individual appointed under this section.''
28 USC 533. Investigative and other officials; appointment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General may appoint officials --
(1) to detect and prosecute crimes against the United States;
(2) to assist in the protection of the person of the President; and
(3) to conduct such other investigations regarding official matters
under the control of the Department of Justice and the Department of
State as may be directed by the Attorney General.
This section does not limit the authority of departments and agencies
to investigate crimes against the United States when investigative
jurisdiction has been assigned by law to such departments and agencies.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 616.)
The section is from the Department of Justice Appropriation Act,
1965. Similar provisions were contained in each appropriation Act for
the Department running back to 1921, which Acts are identified in a note
under sections 299 and 300 of title 5, U.S.C. 1964 ed.
The section is reorganized for clarity. The authority to appoint
officials for the cited purposes is implied. The word ''may'' is
substituted for ''is authorized to''. The words ''who shall be vested
with the authority necessary for the execution of such duties'' are
omitted as unnecessary as the appointment of the officials for the
purposes indicated carries with it the authority necessary to perform
their duties.
In paragraph (2), the words ''to assist in'' are added for clarity
and in recognition of the provisions of 18 U.S.C. 3056 which vest in the
United States Secret Service the responsibility for the protection of
the person of the President. As so revised, this paragraph will assure
that the Secret Service will continue to have primary responsibility for
the protection of the President but at the same time will permit the
Federal Bureau of Investigation to render assistance in such protection.
The last sentence is added because in various areas the authority to
investigate certain criminal offenses has been specifically assigned by
statute to departments and agencies other than the Federal Bureau of
Investigation. For example, the enforcement of the internal revenue
laws is specifically a function of the Secretary of the Treasury and he
is authorized to employ such number of persons as he deems proper for
the enforcement of such laws (26 U.S.C. 7801, 7803). The Secretary of
the Treasury is specifically authorized to direct the collection of
duties on imports and to appoint such employees for that purpose as he
deems necessary (19 U.S.C. 3, 6). The U.S. Coast Guard is specifically
authorized to enforce or assist in enforcing the Federal laws upon the
high seas and waters subject to the jurisdiction of the United States
(14 U.S.C. 2). Subject to the direction of the Secretary of the
Treasury, the Secret Service is specifically authorized to detect and
arrest persons committing offenses against the laws of the United States
relating to coins and obligations and securities of the United States
and foreign governments (18 U.S.C. 3056).
Pub. L. 101-193, title VI, 603, Nov. 30, 1989, 103 Stat. 1710,
provided that: ''Subject to the authority of the Attorney General, the
FBI shall supervise the conduct of all investigations of violations of
the espionage laws of the United States by persons employed by or
assigned to United States diplomatic missions abroad. All departments
and agencies shall report immediately to the FBI any information
concerning such a violation. All departments and agencies shall provide
appropriate assistance to the FBI in the conduct of such investigations.
Nothing in this provision shall be construed as establishing a defense
to any criminal, civil, or administrative action.''
Audit
Pub. L. 102-395, title I, 102(b)(5), (6), Oct. 6, 1992, 106 Stat.
1840, provided that:
''(5)(A) The Federal Bureau of Investigation or the Drug Enforcement
Administration, as the case may be, shall conduct a detailed financial
audit of each undercover investigative operation which is closed in
fiscal years 1993, 1994, and 1995 --
''(i) submit the results of such audit in writing to the Attorney
General, and
''(ii) not later than 180 days after such undercover operation is
closed, submit a report to the Congress concerning such audit.
''(B) The Federal Bureau of Investigation and the Drug Enforcement
Administration shall each also submit a report annually to the Congress
specifying as to their respective undercover investigative operations --
''(i) the number, by programs, of undercover investigative operations
pending as of the end of the one-year period for which such report is
submitted,
''(ii) the number, by programs, of undercover investigative
operations commenced in the one-year period preceding the period for
which such report is submitted, and
''(iii) the number, by programs, of undercover investigative
operations closed in the one-year period preceding the period for which
such report is submitted and, with respect to each such closed
undercover operation, the results obtained. With respect to each such
closed undercover operation which involves any of the sensitive
circumstances specified in the Attorney General's Guidelines on Federal
Bureau of Investigation Undercover Operations, such report shall contain
a detailed description of the operation and related matters, including
information pertaining to --
''(I) the results,
''(II) any civil claims, and
''(III) identification of such sensitive circumstances involved, that
arose at any time during the course of such undercover operation.
''(6) For purposes of paragraph (5) --
''(A) the term 'closed' refers to the earliest point in time at which
--
''(i) all criminal proceedings (other than appeals) are concluded, or
''(ii) covert activities are concluded, whichever occurs later,
''(B) the term 'employees' means employees, as defined in section
2105 of title 5 of the United States Code, of the Federal Bureau of
Investigation, and
''(C) the terms 'undercover investigative operations' and 'undercover
operation' mean any undercover investigative operation of the Federal
Bureau of Investigation or the Drug Enforcement Administration (other
than a foreign counterintelligence undercover investigative operation)
--
''(i) in which --
''(I) the gross receipts (excluding interest earned) exceed $50,000,
or
''(II) expenditures (other than expenditures for salaries of
employees) exceed $150,000, and
''(ii) which is exempt from section 3302 or 9102 of title 31 of the
United States Code,
except that clauses (i) and (ii) shall not apply with respect to the
report required under subparagraph (B) of such paragraph.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-140, title I, 102(b)(4), (5), Oct. 28, 1991, 105 Stat.
793.
Pub. L. 101-515, title II, 202(b)(4), (5), Nov. 5, 1990, 104 Stat.
2118.
Pub. L. 101-162, title II, 204(b)(4), (5), Nov. 21, 1989, 103 Stat.
1004.
Pub. L. 100-459, title II, 204(b)(4), (5), Oct. 1, 1988, 102 Stat.
2200, 2201, as amended by Pub. L. 101-650, title III, 325(c)(2), Dec.
1, 1990, 104 Stat. 5121.
Pub. L. 100-202, 101(a) (title II, 204(b)(4), (5)), Dec. 22, 1987,
101 Stat. 1329, 1329-16.
Pub. L. 99-500, 101(b) (title II, 204(b)(4), (5)), Oct. 18, 1986,
100 Stat. 1783-39, 1783-52, 1783-53, and Pub. L. 99-591, 101(b)
(title II, 204(b)(4), (5)), Oct. 30, 1986, 100 Stat. 3341-39,
3341-52, 3341-53.
Pub. L. 99-180, title II, 204(b)(4), (5), Dec. 13, 1985, 99 Stat.
1148.
Pub. L. 98-411, title II, 203(b)(4), (5), Aug. 30, 1984, 98 Stat.
1560.
Pub. L. 98-166, title II, 205(b)(4), (5), Nov. 28, 1983, 97 Stat.
1087.
Pub. L. 96-132, 7(d), Nov. 30, 1979, 93 Stat. 1046, provided that:
''(1) The Federal Bureau of Investigation shall conduct detailed
financial audits of undercover operations closed on or after October 1,
1979, and --
''(A) report the results of each audit in writing to the Department
of Justice, and
''(B) report annually to the Congress concerning these audits.
''(2) For the purposes of paragraph (1), 'undercover operation' means
any undercover operation of the Federal Bureau of Investigation, other
than a foreign counterintelligence undercover operation --
''(A) in which the gross receipts exceed $50,000, and
''(B) which is exempted from section 3617 of the Revised Statutes (31
U.S.C. 484) (31 U.S.C. 3302(b)) or section 304(a) of the Government
Corporation Control Act (31 U.S.C. 869(a)) (31 U.S.C. 9102).''
28 USC 534. Acquisition, preservation, and exchange of identification
records and information; appointment of officials
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General shall --
(1) acquire, collect, classify, and preserve identification, criminal
identification, crime, and other records;
(2) acquire, collect, classify, and preserve any information which
would assist in the identification of any deceased individual who has
not been identified after the discovery of such deceased individual;
(3) acquire, collect, classify, and preserve any information which
would assist in the location of any missing person (including an
unemancipated person as defined by the laws of the place of residence of
such person) and provide confirmation as to any entry for such a person
to the parent, legal guardian, or next of kin of that person (and the
Attorney General may acquire, collect, classify, and preserve such
information from such parent, guardian, or next of kin); /1/
(4) exchange such records and information with, and for the official
use of, authorized officials of the Federal Government, the States,
cities, and penal and other institutions.
(b) The exchange of records and information authorized by subsection
(a)(4) of this section is subject to cancellation if dissemination is
made outside the receiving departments or related agencies.
(c) The Attorney General may appoint officials to perform the
functions authorized by this section.
(d) For purposes of this section, the term ''other institutions''
includes --
(1) railroad police departments which perform the administration of
criminal justice and have arrest powers pursuant to a State statute,
which allocate a substantial part of their annual budget to the
administration of criminal justice, and which meet training requirements
established by law or ordinance for law enforcement officers; and
(2) police departments of private colleges or universities which
perform the administration of criminal justice and have arrest powers
pursuant to a State statute, which allocate a substantial part of their
annual budget to the administration of criminal justice, and which meet
training requirements established by law or ordinance for law
enforcement officers.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 616; amended
Pub. L. 97-292, 2, 3(a), Oct. 12, 1982, 96 Stat. 1259; Pub. L.
100-690, title VII, 7333, Nov. 18, 1988, 102 Stat. 4469.)
The sections are combined and reorganized for clarity. Former
section 300 of title 5 was from the Department of Justice Appropriation
Act, 1965. Similar provisions were contained in each appropriation Act
for the Department of Justice running back to 1921, which Acts are
identified in a note under former section 300 of title 5, U.S.C. 1964
ed.
In subsection (a), the word ''shall'' is substituted for ''has the
duty'' as a more direct expression. The function of acquiring,
collecting, classifying, etc., referred to in former section 340 of
title 5 was transferred to the Attorney General by 1950 Reorg., Plan No.
2, 1, eff. May 24, 1950, 64 Stat. 1261, which is codified in section
509 of this title. Accordingly, the first 29 words and last 30 words of
former section 340 are omitted as unnecessary.
In subsection (c), the authority to appoint officials for the cited
purposes is implied.
1988 -- Subsec. (d). Pub. L. 100-690 added subsec. (d).
1982 -- Pub. L. 97-292, 3(a), inserted ''and information'' after
''identification records'' in section catchline.
Subsec. (a). Pub. L. 97-292, 2(a), added pars. (2) and (3),
redesignated former par. (2) as (4), and substituted ''exchange such
records and information'' for ''exchange these records'' in par. (4).
Subsec. (b). Pub. L. 97-292, 2(b), substituted ''exchange of records
and information authorized by subsection (a)(4)'' for ''exchange of
records authorized by subsection (a)(2)''.
Pub. L. 101-647, title VI, subtitle B, Nov. 29, 1990, 104 Stat.
4823, provided that:
''SEC. 611. SHORT TITLE.
''This section (subtitle) may be cited as the 'National Law
Enforcement Cooperation Act of 1990'.
''SEC. 612. FINDINGS.
''The Congress finds that --
''(1) cooperation among Federal, State and local law enforcement
agencies is critical to an effective national response to the problems
of violent crime and drug trafficking in the United States;
''(2) the National Crime Information Center, which links more than
16,000 Federal, State and local law enforcement agencies, is the single
most important avenue of cooperation among law enforcement agencies;
''(3) major improvements to the National Crime Information Center are
needed because the current system is more than twenty years old;
carries much greater volumes of enforcement information; and at this
time is unable to incorporate technological advances that would
significantly improve its performance; and
''(4) the Federal Bureau of Investigation, working with State and
local law enforcement agencies and private organizations, has developed
a promising plan, 'NCIC 2000', to make the necessary upgrades to the
National Crime Information Center that should meet the needs of United
States law enforcement agencies into the next century.
''SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated the following sums to
implement the 'NCIC 2000' project:
''(1) $17,000,000 for fiscal year 1991;
''(2) $25,000,000 for fiscal year 1992;
''(3) $22,000,000 for fiscal year 1993;
''(4) $9,000,000 for fiscal year 1994; and
''(5) such sums as may be necessary for fiscal year 1995.
''SEC. 614. REPORT.
''By February 1 of each fiscal year for which funds for NCIC 2000 are
requested, the Director of the Federal Bureau of Investigation shall
submit a report to the Committees on the Judiciary of the Senate and
House of Representatives that details the progress that has been made in
implementing NCIC 2000 and a complete justification for the funds
requested in the following fiscal year for NCIC 2000.''
Pub. L. 101-515, title II, Nov. 5, 1990, 104 Stat. 2112, provided
in part that: ''for fiscal year 1991 and hereafter the Director of the
Federal Bureau of Investigation may establish and collect fees to
process fingerprint identification records and name checks for
non-criminal justice, non-law enforcement employment and licensing
purposes and for certain employees of private sector contractors with
classified Government contracts, and notwithstanding the provisions of
31 U.S.C. 3302, credit such fees to this appropriation to be used for
salaries and other expenses incurred in providing these services, and
that the Director of the Federal Bureau of Investigation may establish
such fees at a level to include an additional amount to establish a fund
to remain available until expended to defray expenses for the automation
of fingerprint identification services and associated costs''.
Pub. L. 101-275, Apr. 23, 1990, 104 Stat. 140, provided: ''That
(a) this Act may be cited as the 'Hate Crime Statistics Act'.
''(b)(1) Under the authority of section 534 of title 28, United
States Code, the Attorney General shall acquire data, for the calendar
year 1990 and each of the succeeding 4 calendar years, about crimes that
manifest evidence of prejudice based on race, religion, sexual
orientation, or ethnicity, including where appropriate the crimes of
murder, non-negligent manslaughter; forcible rape; aggravated assault,
simple assault, intimidation; arson; and destruction, damage or
vandalism of property.
''(2) The Attorney General shall establish guidelines for the
collection of such data including the necessary evidence and criteria
that must be present for a finding of manifest prejudice and procedures
for carrying out the purposes of this section.
''(3) Nothing in this section creates a cause of action or a right to
bring an action, including an action based on discrimination due to
sexual orientation. As used in this section, the term 'sexual
orientation' means consensual homosexuality or heterosexuality. This
subsection does not limit any existing cause of action or right to bring
an action, including any action under the Administrative Procedure Act
(5 U.S.C. 551 et seq., 701 et seq.) or the All Writs Act (see 28 U.S.C.
1651).
''(4) Data acquired under this section shall be used only for
research or statistical purposes and may not contain any information
that may reveal the identity of an individual victim of a crime.
''(5) The Attorney General shall publish an annual summary of the
data acquired under this section.
''(c) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section through fiscal
year 1994.
''Sec. 2. (a) Congress finds that --
''(1) the American family life is the foundation of American Society,
''(2) Federal policy should encourage the well-being, financial
security, and health of the American family,
''(3) schools should not de-emphasize the critical value of American
family life.
''(b) Nothing in this Act shall be construed, nor shall any funds
appropriated to carry out the purpose of the Act be used, to promote or
encourage homosexuality.''
Section 7332 of Pub. L. 100-690 provided that:
''(a) Short Title. -- This section may be cited as the 'Uniform
Federal Crime Reporting Act of 1988'.
''(b) Definitions. -- For purposes of this section, the term 'Uniform
Crime Reports' means the reports authorized under section 534 of title
28, United States Code, and administered by the Federal Bureau of
Investigation which compiles nationwide criminal statistics for use in
law enforcement administration, operation, and management and to assess
the nature and type of crime in the United States.
''(c) Establishment of System. --
''(1) In general. -- The Attorney General shall acquire, collect,
classify, and preserve national data on Federal criminal offenses as
part of the Uniform Crime Reports.
''(2) Reporting by federal agencies. -- All departments and agencies
within the Federal government (including the Department of Defense)
which routinely investigate complaints of criminal activity, shall
report details about crime within their respective jurisdiction to the
Attorney General in a uniform manner and on a form prescribed by the
Attorney General. The reporting required by this subsection shall be
limited to the reporting of those crimes comprising the Uniform Crime
Reports.
''(3) Distribution of data. -- The Attorney General shall distribute
data received pursuant to paragraph (2), in the form of annual Uniform
Crime Reports for the United States, to the President, Members of the
Congress, State governments, and officials of localities and penal and
other institutions participating in the Uniform Crime Reports program.
''(d) Role of Federal Bureau of Investigation. -- The Attorney
General may designate the Federal Bureau of Investigation as the lead
agency for purposes of performing the functions authorized by this
section and may appoint or establish such advisory and oversight boards
as may be necessary to assist the Bureau in ensuring uniformity,
quality, and maximum use of the data collected.
''(e) Inclusion of Offenses Involving Illegal Drugs. -- The Director
of the Federal Bureau of Investigation is authorized to classify
offenses involving illegal drugs and drug trafficking as a part I crime
in the Uniform Crime Reports.
''(f) Authorization of Appropriations. -- There are authorized to be
appropriated $350,000 for fiscal year 1989 and such sums as may be
necessary to carry out the provisions of this section after fiscal year
1989.
''(g) Effective Date. -- The provisions of this section shall be
effective on January 1, 1989.''
Reporting
Section 7609 of Pub. L. 100-690 provided that:
''(a) Family Violence Reporting. -- Under the authority of section
534 of title 28, United States Code, the Attorney General shall require,
and include in uniform crime reports, data that indicate --
''(1) the age of the victim; and
''(2) the relationship of the victim to the offender, for crimes of
murder, aggravated assault, simple assault, rape, sexual offenses, and
offenses against children.
''(b) National Crime Survey. -- The Director of the Bureau of Justice
Statistics, through the annual National Crime Survey, shall collect and
publish data that more accurately measures the extent of domestic
violence in America, especially the physical and sexual abuse of
children and the elderly.
''(c) Authorization of Appropriations. -- There are authorized to be
appropriated in fiscal years 1989, 1990, 1991, and 1992, such sums as
are necessary to carry out the purposes of this section.''
Pub. L. 100-413, Aug. 22, 1988, 102 Stat. 1101, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Parimutuel Licensing Simplification
Act of 1988'.
''SEC. 2. SUBMISSION BY ASSOCIATION OF STATE REGULATORY OFFICIALS.
''(a) In General. -- An association of State officials regulating
parimutuel wagering, designated for the purpose of this section by the
Attorney General, may submit fingerprints to the Attorney General on
behalf of any applicant for State license to participate in parimutuel
wagering. In response to such a submission, the Attorney General may,
to the extent provided by law, exchange, for licensing and employment
purposes, identification and criminal history records with the State
governmental bodies to which such applicant has applied.
''(b) Definition. -- As used in this section, the term 'State' means
a State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, or any territory or possession of the United States.
''SEC. 3. EFFECTIVE DATE.
''This Act shall take effect on July 1, 1989.''
Pub. L. 92-544, title II, 201, Oct. 25, 1972, 86 Stat. 1115,
provided that: ''The funds provided for Salaries and Expenses, Federal
Bureau of Investigation, may be used hereafter, in addition to those
uses authorized thereunder, for the exchange of identification records
with officials or federally chartered or insured banking institutions to
promote or maintain the security of those institutions, and, if
authorized by State statute and approved by the Attorney General, to
officials of State and local governments for purposes of employment and
licensing, any such exchange to be made only for the official use of any
such official and subject to the same restriction with respect to
dissemination as that provided for under the aforementioned
appropriation.''
/1/ So in original. Probably should be followed by ''and''.
28 USC 535. Investigation of crimes involving Government officers and
employees; limitations
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General and the Federal Bureau of Investigation may
investigate any violation of title 18 involving Government officers and
employees --
(1) notwithstanding any other provision of law; and
(2) without limiting the authority to investigate any matter which is
conferred on them or on a department or agency of the Government.
(b) Any information, allegation, or complaint received in a
department or agency of the executive branch of the Government relating
to violations of title 18 involving Government officers and employees
shall be expeditiously reported to the Attorney General by the head of
the department or agency, unless --
(1) the responsibility to perform an investigation with respect
thereto is specifically assigned otherwise by another provision of law;
or
(2) as to any department or agency of the Government, the Attorney
General directs otherwise with respect to a specified class of
information, allegation, or complaint.
(c) This section does not limit --
(1) the authority of the military departments to investigate persons
or offenses over which the armed forces have jurisdiction under the
Uniform Code of Military Justice (chapter 47 of title 10); or
(2) the primary authority of the Postmaster General to investigate
postal offenses.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 616.)
The section is reorganized for clarity and continuity.
In subsection (a), the word ''may'' is substituted for ''shall have
authority''. The word ''is'' is substituted for ''may have been or may
hereafter be''.
In subsection (c), the words ''This section does not limit'' are
substituted for ''that the provisions of this section shall not limit,
in any way''. The words ''(chapter 47 of title 10)'' are added after
''Uniform Code of Military Justice'' to reflect the codification of that
Code in title 10, United States Code.
Office of Postmaster General of Post Office Department abolished and
all functions, powers, and duties of Postmaster General transferred to
United States Postal Service by Pub. L. 91-375, 4(a), Aug. 12, 1970,
84 Stat. 773, set out as a note under section 201 of Title 39, Postal
Service.
28 USC 536. Positions in excepted service
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
All positions in the Federal Bureau of Investigation are excepted
from the competitive service, and the incumbents of such positions
occupy positions in the excepted service.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 617.)
The section is revised and restated to eliminate ambiguity and give
true effect to the prohibition against the use of appropriations to the
Federal Bureau of Investigation. The language used to define the
excepted status of the positions, officers, and employees is based on
revised sections 2102 and 2103 of title 5, United States Code.
The provisions of this section were made permanent by the Act of July
28, 1950, 64 Stat. 380. Identical provisions appearing in former
section 300d of title 5 are derived from the Department of Justice
Appropriation Act, 1965, and earlier appropriation Acts for the
Department of Justice running back to 1942, which Acts are identified in
a note under former section 300d of title 5, U.S.C. 1964 ed.
28 USC 537. Expenses of unforeseen emergencies of a confidential
character
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Appropriations for the Federal Bureau of Investigation are available
for expenses of unforeseen emergencies of a confidential character, when
so specified in the appropriation concerned, to be spent under the
direction of the Attorney General. The Attorney General shall certify
the amount spent that he considers advisable not to specify, and his
certification is a sufficient voucher for the amount therein expressed
to have been spent.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 617.)
The section is revised and reorganized for clarity. The words ''now
or hereafter provided'' are omitted as unnecessary. The words ''for
expenses of membership in the International Commission of Criminal
Police and'' are omitted as obsolete. The Act of Aug. 27, 1958, Pub.
L. 85-768, 72 Stat. 921 (22 U.S.C. 263a) authorizes the Attorney
General to accept and maintain, on behalf of the United States,
membership in the International Criminal Police Organization, and to
designate any departments and agencies which may participate in the
United States representation with that organization; and authorizes
each participating department and agency to pay its pro rata share, as
determined by the Attorney General, of the expenses of such membership.
The word ''spent'' is substituted for ''expended''. The words ''certify
the amount spent that he considers'' are substituted for ''make a
certificate of the amount of any such expenditure as he may think it''.
The words ''his certification is a sufficient voucher'' are substituted
for ''and every such certificate shall be deemed a sufficient voucher''.
28 USC 539. /1/ Counterintelligence official reception and
representation expenses
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Director of the Federal Bureau of Investigation may use funds
available to the Federal Bureau of Investigation for counterintelligence
programs to pay the expenses of hosting foreign officials in the United
States under the auspices of the Federal Bureau of Investigation for
consultation on counterintelligence matters.
(Added Pub. L. 99-569, title IV, 401(a), Oct. 27, 1986, 100 Stat.
3195.)
/1/ So in original. There is no section 538.
28 USC 540. Investigation of felonious killings of State or local law
enforcement officers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General and the Federal Bureau of Investigation may
investigate felonious killings of officials and employees of a State or
political subdivision thereof while engaged in or on account of the
performance of official duties relating to the prevention, detection,
investigation, or prosecution of an offense against the criminal laws of
a State or political subdivision, when such investigation is requested
by the head of the agency employing the official or employee killed, and
under such guidelines as the Attorney General or his designee may
establish.
(Added Pub. L. 100-690, title VII, 7331(a), Nov. 18, 1988, 102 Stat.
4468.)
28 USC CHAPTER 35 -- UNITED STATES ATTORNEYS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
541. United States attorneys.
542. Assistant United States attorneys.
543. Special attorneys.
544. Oath of office.
545. Residence.
546. Vacancies.
547. Duties.
548. Salaries.
549. Expenses.
550. Clerical assistants, messengers, and private process servers.
1990 -- Pub. L. 101-647, title XXXVI, 3626(b), Nov. 29, 1990, 104
Stat. 4965, substituted ''Clerical assistants, messengers, and private
process servers'' for ''Clerical assistants and messengers'' in item
550.
1966 -- Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 617, added
chapter 35 and items 541 to 550.
United States attorney for Guam, Virgin Islands, and Northern Mariana
Islands, this chapter as applicable, see sections 1424b, 1617, and 1694
of Title 48, Territories and Insular Possessions.
28 USC 541. United States attorneys
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The President shall appoint, by and with the advice and consent
of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of four
years. On the expiration of his term, a United States attorney shall
continue to perform the duties of his office until his successor is
appointed and qualifies.
(c) Each United States attorney is subject to removal by the
President.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 617.)
In subsection (c), the word ''is'' is substituted for ''shall be''.
Prior section 501. -- Based on title 28, U.S.C., 1940 ed., 481,
sections 643 and 863 of title 48, U.S.C., 1940 ed., Territories and
Insular Possessions, and section 11-1001, District of Columbia Code,
1940 ed. (R.S., 767; June 26, 1876, ch. 147, 1, 4, 19 Stat. 61, 62;
Feb. 24, 1879, ch. 97, 8, 20 Stat. 320; Mar. 3, 1881, ch. 144, 7, 21
Stat. 507; Apr. 25, 1882, ch. 87, 1, 3, 22 Stat. 47; July 20, 1882,
ch. 312, 3, 22 Stat. 172; Aug. 5, 1886, ch. 928, 7, 24 Stat. 309;
Feb. 22, 1889, ch. 180, 21, 25 Stat. 682; July 3, 1890, ch. 656, 16,
26 Stat. 217; July 10, 1890, ch. 664, 16, 26 Stat. 225; Mar. 3,
1893, ch. 220, 27 Stat. 745; July 16, 1894, ch. 138, 14, 16, 28 Stat.
110, 111; June 24, 1898, ch. 495, 1, 30 Stat. 487; Apr. 12, 1900,
ch. 191, 34, 31 Stat. 85; Apr. 30, 1900, ch. 339, 86, 31 Stat. 158;
May 12, 1900, ch. 391, 9, 31 Stat. 176; Jan. 22, 1901, ch. 105, 4,
7, 31 Stat. 736, 737; Feb. 12, 1901, ch. 355, 5, 7, 31 Stat. 782;
Mar. 2, 1901, ch. 801, 3, 5, 31 Stat. 881; Mar. 3, 1901, ch. 854,
183, 31 Stat. 1220; Mar. 11, 1902, ch. 183, 5, 6, 32 Stat. 66; June
30, 1902, ch. 1329, 32 Stat. 527; Mar. 2, 1905, ch. 1305, 4, 6, 33
Stat. 824; Mar. 3, 1905, ch. 1427, 13, 15, 19, 33 Stat. 995, 996;
June 16, 1906, ch. 3335, 13, 34 Stat. 275; Mar. 3, 1909, ch. 269, 1,
35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 3, 1915, ch.
100, 3, 4, 38 Stat. 961; Mar. 2, 1917, ch. 145, 41, 39 Stat. 965;
Mar. 4, 1921, ch. 161, 1, 41 Stat. 1412; July 9, 1921, ch. 42, 313,
42 Stat. 119; May 28, 1926, ch. 414, 2(b), 44 Stat. 672; Apr. 21,
1928, ch. 393, 45 Stat. 437; Mar. 26, 1928, ch. 51, 2, 52 Stat. 118).
Section consolidates section 481 of title 28, U.S.C., 1940 ed., and
section 11-1001 of the District of Columbia Code, 1940 ed., with parts
of sections 643 and 863 of title 48, U.S.C., 1940 ed., relating to
appointment of United States attorneys.
The term ''United States attorney'' was adopted in this section for
''attorney for the United States.'' Since the decision of the Supreme
Court of the United States in In re Neagle, 1890 (10 S. Ct. 658, 135
U.S. 1, 34, L. Ed. 55) where the terms ''attorneys of the United
States'' and ''district attorneys'' were used interchangeably, Congress
has also designated such officers as either ''United States attorneys''
or as ''district attorneys.'' See Acts of Feb. 22, 1886, ch. 928, 7,
24 Stat. 309; July 3, 1890, ch. 656, 16, 26 Stat. 217; July 10,
1890, ch. 664, 16, 26 Stat. 225, and Acts of July 20, 1882, ch. 312,
3, 22 Stat. 172; Mar. 3, 1915, ch. 100, 3, 38 Stat. 961; May 28,
1926, ch. 414, 2(b), 44 Stat. 672.
At present, such officers are invariably designated as ''United
States attorneys'' by Federal courts and the Department of Justice.
Words ''The President may appoint, by and with the advice and consent
of the Senate,'' were inserted to conform section with the Constitution.
See article II, section 2, clause 2.
Words ''including the District of Columbia'' were omitted, because
the District is made a judicial district by section 88 of this title.
District of Columbia Code, 1940 ed., 11-1001, provided for appointment
of an ''attorney of the United States for the District'' by the
President, subject to Senate confirmation.
Words ''learned in the law'' were omitted as unnecessary. Such
requirement is not made of United States judges and no reason appears to
make a distinction respecting United States attorneys.
Parts of section 863 of title 48, U.S.C., 1940 ed., remain in said
title 48. For remainder thereof, see Distribution Table. Other
provisions of section 643 of such title are incorporated in sections
133, 504 (now 541 and 544), and 541 (see 561) of this title.
Changes were made in phraseology.
(The Historical and Revision Notes for former section 504, from which
this section is partially derived, is set out under section 544 of this
title.)
A prior section 541, acts June 25, 1948, ch. 646, 62 Stat 910; Mar.
18, 1959, Pub. L. 86-3, 11(c), (d), 73 Stat. 9, which related to
appointment, residence and tenure of marshals, was repealed by Pub. L.
89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in section
561 of this title by section 4(c) of Pub. L. 89-554.
28 USC 542. Assistant United States attorneys
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General may appoint one or more assistant United
States attorneys in any district when the public interest so requires.
(b) Each assistant United States attorney is subject to removal by
the Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618.)
In subsection (b), the word ''is'' is substituted for ''shall be''.
Prior section 502. -- Based on title 28, U.S.C., 1940 ed., 483, 594
(May 28, 1896, ch. 252, 8, 29 Stat. 181; July 19, 1919, ch. 24, 1, 41
Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560; June 25, 1936, ch.
804, 49 Stat. 1921).
Section consolidates sections 483 and 594 of title 28, U.S.C., 1940
ed., relating to appointment of assistant United States attorneys.
Words ''United States attorneys'' were substituted for ''district
attorneys.'' (See reviser's note under section 501 (now 541) of this
title.)
The exception of Alaska from the operation of such section 483 was
omitted as covered by section 109 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions, authorizing appointment of
assistant United States attorneys in Alaska.
Reference in such section 483 to ''District of Columbia'' was
omitted. (See reviser's note under section 501 (now 541) of this
title.)
The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed.,
requiring the judges and United States attorneys to certify or evidence
in writing the necessity for assistant United States attorneys in their
respective districts, and specifying that such opinion of the judge
shall state to the Attorney General the facts as distinguished from
conclusions, showing the necessity therefor, were omitted. The Attorney
General, as chief law enforcement officer, is in a better position to
determine such necessity.
The salary provisions of such section 594 were omitted as covered by
section 508 (now 548) of this title.
Changes were made in phraseology.
A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911,
which related to appointment and tenure of deputies and assistants for
United States marshals, was repealed by Pub. L. 89-554, 8(a), Sept.
6, 1966, 80 Stat. 663, and reenacted in section 562 of this title by
section 4(c) of Pub. L. 89-554.
28 USC 543. Special attorneys
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General may appoint attorneys to assist United
States attorneys when the public interest so requires.
(b) Each attorney appointed under this section is subject to removal
by the Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618.)
The text of former section 298 of title 5 is omitted as unnecessary.
The position so authorized has not been filled in recent years, and the
authority is preserved by this section and revised section 3101 of title
5, United States Code.
In subsection (b), the word ''is'' is substituted for ''shall be''.
Prior section 503. -- Based on section 312 of title 5, U.S.C., 1940
ed., Executive Departments and Government Officers and Employees (R.S.
363).
Other provisions of section 312 of title 5, U.S.C., 1940 ed., are
incorporated in sections 507 (now 509 and 547) and 508 (now 548) of this
title.
Changes were made in phraseology.
A prior section 543, act June 25, 1948, ch. 646, 62 Stat. 911,
which related to oath of office for United States Marshals, was repealed
by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted
in section 563 of this title by section 4(c) of Pub. L. 89-554.
28 USC 544. Oath of office
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each United States attorney, assistant United States attorney, and
attorney appointed under section 543 of this title, before taking
office, shall take an oath to execute faithfully his duties.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618.)
Prior section 504. -- Based on section 315 of title 5, U.S.C., 1940
ed., Executive Departments and Government Officers and Employees, title
28, U.S.C., 1940 ed., 482, and sections 643 and 863 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions (R.S. 366, 769;
June 24, 1898, ch. 495, 1, 30 Stat. 487; Apr. 12, 1900, ch. 191, 34,
31 Stat. 85; Apr. 30, 1900, ch. 339, 86, 31 Stat. 158; Mar. 3, 1909,
ch. 269, 1, 35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2,
1917, ch. 145, 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, 1, 41 Stat.
1412; July 9, 1921, ch. 42, 313, 42 Stat. 119; Feb. 12, 1925, ch.
220, 43 Stat. 890; Apr. 17, 1930, ch. 174, 46 Stat. 170; Mar. 26,
1938, ch. 51, 2, 52 Stat. 118).
Section consolidates parts of sections 315 of title 5, U.S.C., 1940
ed., and 643 and 863 of title 48, both U.S.C., 1940 ed., with section
482 of title 28, U.S.C., 1940 ed. It is recommended that said section
315 be amended so as to omit those provisions relating to special
attorneys to assist ''district attorneys'' which were used as part of
the basis for this section, as other parts of said section 315, relating
to special assistants to the Attorney General, and to foreign counsel,
are to remain in title 5.
Words ''United States attorney'' were substituted for district
attorney, and reference to District of Columbia was omitted. (See
reviser's note under section 501 (now 541) of this title.)
Reference to the territories in said section 482, was also omitted as
covered by provisions of title 48, U.S.C., 1940 ed., Territories and
Insular Possessions. See sections 109 and 112 of such title applicable
to United States attorney in Alaska, and 1353 applicable in the Canal
Zone, and 1405y applicable in the Virgin Islands.
The provision as to the tenure of the assistant United States
attorneys and special attorneys is new. Existing law contains no
provision as to tenure or removal of such officials. While the Supreme
Court has held that the power of removal of executive officials is
incident to the power of appointment, this section expressly provides
for removal. See Meyers v. United States, 1926 (47 S.Ct. 21, 272 U.S.
52, 71 L.Ed. 160).
Said section 315 contained a provision that special attorneys
appointed to assist United States attorneys should take the same oath
required of the latter. This section was extended to assistant United
States attorneys, respecting whom no provision existed as to oaths.
A portion of section 863 of title 48, U.S.C., 1940 ed., is retained
in said title 48. For remainder of said section 863, see Distribution
Table. Other provisions of section 643 of such title are incorporated
in sections 133, 501 (now 541), and 541 (see 561) of this title.
Other changes were made in phraseology.
A prior section 544, acts June 25, 1948, ch. 646, 62 Stat. 911;
Sept. 2, 1958, Pub. L. 85-856, 72 Stat. 1104, which related to bonds
of United States marshals, was repealed by Pub. L. 89-554, 8(a), Sept.
6, 1966, 80 Stat. 663, and reenacted in section 564 of this title by
section 4(c) of Pub. L. 89-554.
28 USC 545. Residence
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each United States attorney and assistant United States attorney
shall reside in the district for which he is appointed, except that
these officers of the District of Columbia, the Southern District of New
York, and the Eastern District of New York may reside within 20 miles
thereof. The provisions of this subsection shall not apply to any
United States attorney or assistant United States attorney appointed for
the Northern Mariana Islands who at the same time is serving in the same
capacity in another district.
(b) The Attorney General may determine the official stations of
United States attorneys and assistant United States attorneys within the
districts for which they are appointed.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618; amended
Pub. L. 95-530, 1, Oct. 27, 1978, 92 Stat. 2028; Pub. L. 96-91, Oct.
25, 1979, 93 Stat. 700.)
In subsection (a), the word ''shall'' is substituted for ''must''.
The word ''thereof'' is substituted for ''of the District''.
Prior section 505. -- Based on title 28, U.S.C., 1940 ed., 524 (June
20, 1874, ch. 328, 2, 18 Stat. 109; May 28, 1896, ch. 252, 8, 12, 29
Stat. 181, 183; Mar. 3, 1911, ch. 231, 291, 36 Stat. 1167; June 14,
1941, ch. 203, 1, 2, 55 Stat. 251).
The provisions of section 524 of title 28, U.S.C., 1940 ed., that the
United States attorney shall give his personal attention to the duties
of his office and declaring the office of United States attorney vacant
upon his removal from his district or neglect of duty, were omitted as
unnecessary and inconsistent with section 507(b) (now 519) of this
title, charging the Attorney General with the duty of supervising the
United States attorneys in the performance of their duties.
The provision permitting the United States attorney and his
assistants to reside within twenty miles of the District of Columbia was
added because of the relatively small and congested area of the
District, as a result of which few Federal officers are appointed from
the District or reside therein. Also the residence requirement of this
section has no relation to domicile or voting residence nor does it
affect the citizenship or residence status of District of Columbia
officeholders in the several States from which appointed.
Only citizens of Hawaii resident therein at least 3 years preceding
appointment may be appointed as United States Attorneys for the district
of Hawaii. See section 501 (now 541) of this title.
Other provisions of section 524 of title 28, U.S.C., 1940 ed., were
incorporated in sections 541 (see 561) and 751 of this title.
Changes were made in phraseology.
A prior section 545, act June 25, 1948, ch. 646, 62 Stat. 911,
which related to vacancies in the office of the United States Marshal,
was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663,
and reenacted in section 565 of this title by section 4(c) of Pub. L.
89-554.
1979 -- Subsec. (a). Pub. L. 96-91 inserted provisions authorizing
the United States attorney and the assistant United States attorneys for
the Eastern District of New York to reside outside the district but
within 20 miles thereof.
1978 -- Subsec. (a). Pub. L. 95-530 inserted provision that this
subsection not apply to any United States attorney or assistant United
States attorney appointed for the Northern Mariana Islands who at the
same time is serving in the same capacity in another district.
28 USC 546. Vacancies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as provided in subsection (b), the Attorney General may
appoint a United States attorney for the district in which the office of
United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney
a person to whose appointment by the President to that office the Senate
refused to give advice and consent.
(c) A person appointed as United States attorney under this section
may serve until the earlier of --
(1) the qualification of a United States attorney for such district
appointed by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney
General under this section.
(d) If an appointment expires under subsection (c)(2), the district
court for such district may appoint a United States attorney to serve
until the vacancy is filled. The order of appointment by the court
shall be filed with the clerk of the court.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618; amended
Pub. L. 99-646, 69, Nov. 10, 1986, 100 Stat. 3616.)
Prior section 506. -- Based on title 28, U.S.C., 1940 ed., 511 (R.S.
793; June 24, 1898, ch. 495, 2, 30 Stat. 487; Mar. 3, 1911, ch. 231,
291, 36 Stat. 1167).
Words ''United States attorney'' were substituted for ''district
attorney.'' (See Reviser's Note under section 501 (now 541) of this
title.)
Words ''The Supreme Court of the Territory, and the district court of
the United States for the District of Columbia'' were omitted as
obsolete. This section, as revised, applies to all districts enumerated
in chapter 5 of this title. There were no provisions respecting
vacancies in Hawaii and Puerto Rico. Therefore this section remedies
this situation and establishes a uniform method to fill interim
vacancies.
Words ''and a copy shall be entered on the journal of the court''
after ''filed in the clerk's office of said court'', in section 511 of
title 28, U.S.C., 1940 ed., were omitted as unnecessary.
The provisions of section 511 of title 28, U.S.C., 1940 ed., relating
to marshals, are incorporated in sections 544 and 545 (see Prior
Provisions notes under those sections) of this title.
Changes were made in phraseology.
A prior section 546, act June 25, 1948, ch. 646, 62 Stat. 911,
which related to death of a marshal, was repealed by Pub. L. 89-554,
8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in section 566 of
this title by section 4(c) of Pub. L. 89-554.
1986 -- Pub. L. 99-646 amended section generally. Prior to
amendment, section read as follows: ''The district court for a district
in which the office of United States attorney is vacant may appoint a
United States attorney to serve until the vacancy is filled. The order
of appointment by the court shall be filed with the clerk of the
court.''
28 USC 547. Duties
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise provided by law, each United States attorney,
within his district, shall --
(1) prosecute for all offenses against the United States;
(2) prosecute or defend, for the Government, all civil actions, suits
or proceedings in which the United States is concerned;
(3) appear in behalf of the defendants in all civil actions, suits or
proceedings pending in his district against collectors, or other
officers of the revenue or customs for any act done by them or for the
recovery of any money exacted by or paid to these officers, and by them
paid into the Treasury;
(4) institute and prosecute proceedings for the collection of fines,
penalties, and forfeitures incurred for violation of any revenue law,
unless satisfied on investigation that justice does not require the
proceedings; and
(5) make such reports as the Attorney General may direct.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618.)
The word ''shall'' is substituted for ''it shall be the duty of''.
Prior section 507. -- Based on sections 312, 317, 323, 324, 327, 329,
330, 331 of title 5, U.S.C., 1940 ed., Executive Departments and
Government Officers and Employees; second paragraph of section 305e of
title 25, U.S.C., 1940 ed., Indians; and title 28, U.S.C., 1940 ed.,
485, 486, 487, 488, 489 (R.S. 362, 363, 373, 374, 377, 379-381,
771-775, 838; Feb. 27, 1877, ch. 69, 1, 19 Stat. 241; Apr. 9, 1910,
ch. 152, 36 Stat. 294; Mar. 3, 1911, ch. 231, 291, 36 Stat. 1167;
May 10, 1934, ch. 277, 512, 48 Stat. 758; Aug. 27, 1935, ch. 748, 6,
49 Stat. 893).
This section consolidates provisions of the sections enumerated
above.
Other provisions of section 312 of title 5, U.S.C., 1940 ed., are
incorporated in sections 503 (now 543) and 508 (now 548) of this title.
All requirements in said sections for reports to officers other than
the Attorney General are omitted as unnecessary and are simplified in
subsection (a)(5) of this section. The Attorney General directs the
course of litigation in government cases and makes appropriate rules for
furnishing information promptly to the Departments interested.
Specific duties fixed by sections 485 -- 489 of title 28, U.S.C.,
1940 ed., and the second paragraph of section 305e of title 25, U.S.C.,
1940 ed., to prosecute and defend both civil and criminal proceedings,
are covered in subsections (a)(1)-(4) of this section.
Use of ''revenue law'' in subsection (a)(4) in this section, which is
based on section 486 of title 28, U.S.C., 1940 ed., obviates repetition
of provisions relating to customs and revenue laws as both are covered
by the term. For discussion of this point, see reviser's note under
section 3283 in House Report 152, to accompany H.R. 1600 Eightieth
Congress, for revision of the Criminal Code.
The following sections of said title 5, U.S.C., 1940 ed., are
superseded by, covered by, or inconsistent with subsection (a)(2)(5) of
this section, subsection (b) of this section (now section 519 of this
title), and section 5 of Executive Order No. 6166 of June 10, 1933,
transferring to the Department of Justice the function of supervising
the work of United States attorneys in connection with suits by or
against the United States exercised by any agency or officer:
Section 323 requiring the General Counsel of the Treasury to make
entries of bonds delivered to United States attorneys by collectors for
suit until the amounts have been paid or judgments secured;
Section 324 requiring said General Counsel to examine and compare the
reports made by collectors of bonds delivered by them to United States
attorneys for suit, and of the returns of such bonds;
Section 329 authorizing said General Counsel to instruct United
States attorneys, marshals and clerks in all matters relating to suits,
except for taxes, forfeitures and penalties, and to require them to make
such reports to him as he may direct. The first provision of section
329 of title 5, U.S.C., 1940 ed., is covered by the last paragraph of
this section (now section 519 of this title), under which the Attorney
General exercises supervision of the duties of United States attorneys.
The Director of the Administrative Office of the United States Courts
supervises the duties of clerks under chapter 41 of this title. The
provision for authority of said General Counsel over marshals, also
contained in section 329, is incorporated in section 547 (see Prior
Provisions note below) of this title in which such authority is vested
in the Attorney General.
Section 327 of title 5, U.S.C., 1940 ed., authorized said General
Counsel to establish regulations, subject to approval by the Attorney
General, to be observed by United States attorneys and marshals in which
the United States is a party. The provision as to United States
attorneys is also covered by the last paragraph of this section (now
section 519 of this title), and that as to marshals is covered by
section 547 (see Prior Provisions note below) of this title.
Provisions of section 327 of title 5, U.S.C., 1940 ed., relating to
establishment of regulations for the observance of collectors of the
customs, by the General Counsel for the Department of the Treasury, with
the approbation of the Secretary of the Treasury, was omitted and
recommended for repeal as covered by section 66 of title 19, U.S.C.,
1940 ed., Customs Duties.
The last paragraph of this section (now section 519 of this title),
is based on the first clause of section 317 of title 5, U.S.C., 1940
ed.; see also section 309 of title 5. The second clause of said section
317 is covered by subsection (a)(5) of this section. The authority of
the Attorney General over marshals and the requirement that they shall
report to him the conduct and state of their offices, contained also in
said section 317, is incorporated in section 547 (see Prior Provisions
note below) of this title.
Section 330 of title 5, U.S.C., 1940 ed., which required that United
States attorneys should conduct, under direction of the General Counsel
of the Treasury, all suits and proceedings involving the United States
under the laws governing national banking associations is covered by
subsection (a)(2) of this section.
Section 331 of title 5, U.S.C., 1940 ed., requiring United States
attorneys to obey directions of the Department of Justice in suits for
money due the Post Office Department, is covered also by subsection
(a)(2) of this section.
Changes in arrangement and phraseology were made.
A prior section 547, acts June 25, 1948, ch. 646, 62 Stat. 912;
Oct. 18, 1962, Pub. L. 87-845, 8, 76A Stat. 699, which related to
powers and duties of marshals, was repealed by Pub. L. 89-554, 8(a),
Sept. 6, 1966, 80 Stat. 663, and reenacted in section 569 of this
title by section 4(c) of Pub. L. 89-554.
Bankruptcy offenses, duties of United States attorneys, see section
3057 of Title 18, Crimes and Criminal Procedure.
31 section 3718; title 42 section 294h.
28 USC 548. Salaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Subject to sections 5315 through 5317 of title 5, the Attorney
General shall fix the annual salaries of United States attorneys,
assistant United States attorneys, and attorneys appointed under section
543 of this title at rates of compensation not in excess of the rate of
basic compensation provided for Executive Level IV of the Executive
Schedule set forth in section 5315 of title 5, United States Code.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618; amended
Pub. L. 98-473, title II, 1701(a) Oct. 12, 1984, 98 Stat. 2184.)
The words ''sections 5315-5317 of title 5'' are substituted for
''subsection (f) and (g) of section 303 of the Federal Executive Salary
Act of 1964'' to reflect the codification of those subsections in title
5. The words ''GS-18 of the General Schedule set forth in section 5332
of title 5'' are substituted for ''grade 18 of the General Schedule of
the Classification Act of 1949, as amended''.
Prior section 508. -- Based on section 312 of title 5, U.S.C., 1940
ed., Executive Departments and Government Officers and Employees, and
title 28, U.S.C., 1940 ed., 579 and 580 (R.S. 363; May 28, 1896, ch.
252, 8, 24, 29 Stat. 181, 186; Mar. 3, 1903, ch. 1007, 1, 32 Stat.
1141; Mar. 4, 1907, ch. 2918, 1, 34 Stat. 1360; May 27, 1908, ch.
200, 1, 35 Stat. 375; July 19, 1919, ch. 24, 1, 41 Stat. 209; June
1, 1922, ch. 204, title II (part), 42 Stat. 616; Jan. 3, 1923, ch. 21,
title II, 42 Stat. 1083; Mar. 4, 1923, ch. 295, 42 Stat. 1560; May 28,
1924, ch. 204, title II (part), 43 Stat. 220).
Section consolidates part of section 312 of title 5, U.S.C., 1940
ed., and part of section 579 of title 28, U.S.C., 1940 ed., with section
580 of title 28, U.S.C., 1940 ed.
Sections 579 and 580 of title 28, U.S.C., 1940 ed., fixed specific
salaries for the United States attorneys and assistants, while section
312 of title 5, U.S.C., 1940 ed., provided for a contractual arrangement
for compensation of special attorneys.
According to a Department of Justice interpretation, provisions for
specific salaries were superseded by section 678 of title 5, which
provides for adjustment of compensation by heads of departments. Hence,
this section leaves the amount of compensation to the Attorney General.
Section 578b of title 28, U.S.C., 1940 ed., providing that United
States attorneys shall be paid for their services, was omitted as
unnecessary.
Section 578c of title 28, U.S.C., 1940 ed., providing that United
States attorneys shall not receive fees in addition to their salaries,
was omitted as obsolete, in view of this section and current practice.
Other provisions of section 312 of title 5, U.S.C., 1940 ed., are
incorporated in sections 503 (now 543) and 507 (now 509 and 547) of this
title, and other provisions of section 579 of title 28, U.S.C., 1940
ed., are incorporated in section 552 (see Prior Provisions note for that
section) of this title.
A prior section 548, act June 25, 1948, ch. 646, 62 Stat. 912,
which related to administration of oaths by marshals, was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663.
1984 -- Pub. L. 98-473 amended section generally, substituting
''rate of basic compensation provided for Executive Level IV of the
Executive Schedule set forth in section 5315 of title 5, United States
Code'' for ''highest rate of GS-18 of the General Schedule set forth in
section 5332 of title 5''.
1969 -- Increase in the rates of pay of United States Attorneys and
Assistant United States Attorneys whose annual salaries are fixed
pursuant to this section, effective on the first day of the first pay
period which begins on or after Dec. 27, 1969, by amounts equal, as
nearly as may be practicable, to the increases provided pursuant to
section 2 of Pub. L. 91-231, which raised corresponding rates by 6
percent, see Pub. L. 91-231, set out as a note under section 5332 of
Title 5, Government Organization and Employees.
1967 -- Pub. L. 90-206, title II, 211(a), Dec. 16, 1967, 81 Stat.
633, provided that: ''The rates of basic pay of United States attorneys
and assistant United States attorneys whose annual salaries are fixed
pursuant to section 548 of title 28, United States Code shall be
increased, effective on the effective date of section 202 of this title
(see Effective Date of 1967 Amendment note set out under section 5332 of
Title 5) by amounts equal, as nearly as may be practicable, to the
increases provided by section 202(a) of this title (see section 5332(a)
of Title 5) for corresponding rates of basic pay.''
Section 211(a) of Pub. L. 90-206 effective as of the beginning of
the first pay period which begins on or after Oct. 1, 1967, see section
220(a)(2) of Pub. L. 90-206, set out as a note under section 5332 of
Title 5.
1966 -- Pub. L. 89-504, title I, 108(a), July 18, 1966, 80 Stat.
293, provided that: ''The rates of basic compensation of assistant
United States attorneys whose basic salaries are fixed pursuant to
section 508 of title 28, United States Code (now this section) shall be
increased, effective on the effective date of section 102 of this title
(first day of the first pay period beginning on or after July 1, 1966),
by amounts equal, as nearly as may be practicable, to the increases
provided by section 102(a) of this title (see section 5332(a) of Title
5), for corresponding rates of compensation.''
Provision effective July 18, 1966, see section 109(1) of Pub. L.
89-504.
1965 -- Pub. L. 89-301, 15(a), Oct. 29, 1965, 79 Stat. 1122,
provided that: ''The rates of basic compensation of assistant United
States attorneys whose basic salaries are fixed pursuant to section 508
of title 28, United States Code, (now this section), shall be increased
by 3.6 per centum effective on the first day of the first pay period
which begins on or after October 1, 1965.''
1962 -- Pub. L. 87-793, 1003(b), Oct. 11, 1962, 76 Stat. 866,
provided that: ''The rates of basic compensation of assistant United
States attorneys whose basic salaries are fixed by section 508 of title
28, United States Code, (now this section), shall be increased by 7 1/2
per centum effective on the first day of the first pay period which
begins on or after the date of enactment of this Act (Oct. 11, 1962).''
Pub. L. 88-426, 306(a)(2), Aug. 14, 1962, 78 Stat. 428, as amended
by Pub. L. 88-631, 3(c), Oct. 6, 1964, 78 Stat. 1008, provided that:
''Subject to section 303(f) and (g) of this Act (see sections 5315 to
5317 of Title 5, Government Organization and Employees), each incumbent
United States attorney and assistant United States attorney shall be
paid compensation at a rate equal to that of attorneys of comparable
responsibility and professional qualifications, as determined by the
Attorney General, whose compensation is prescribed in the General
Schedule of the Classification Act of 1949, as amended (now covered by
chapter 51 and subchapter III of chapter 53 of Title 5).''
Act Mar. 2, 1955, ch. 9, 2(b), 69 Stat. 10, provided that: ''The
salaries of United States attorneys and assistant United States
attorneys for the districts of Alaska, Canal Zone, and the Virgin
Islands are subject to the provisions of section 508 of title 28, United
States Code (now this section.)''
Acts Aug. 5, 1953, ch. 328, title II, 202, 67 Stat. 375; July 2,
1954, ch. 456, title II, 202, 68 Stat. 421, which prescribed salary
limitations, were repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 657.
28 USC 549. Expenses
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Necessary office expenses of United States attorneys shall be allowed
when authorized by the Attorney General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 618.)
The second paragraph of former section 509 is omitted as it was
superseded by the Travel Expense Act of 1949, which is codified in
subchapter I of chapter 57 of title 5, United States Code.
The second paragraph was based in part on former section 73 of title
5, 1940 ed., which was superseded by the Subsistence Expense Act of
1926.
Section 6 of the Travel Expense Act of 1949, which is codified in
section 5706 of title 5, United States Code, substantially reenacted
former section 73 of title 5, 1940 ed., which was repealed by the Act of
June 25, 1948, ch. 646, by which title 28 was originally enacted. The
purpose of section 6 was to allow reimbursement for only such actual and
necessary travel expenses incurred unless otherwise permitted by the Act
of 1949 itself or by laws relating to the military. Section 6 did not,
however, provide for the exception of United States attorneys as did
former section 73.
Sections 2 and 3 of the Act of 1949, which are codified in sections
5701 and 5702 of title 5, United States Code, defined the coverage of
the Act and allowed for specific exclusions in the legislative and
judicial branches but did not mention an exclusion in the executive
branch for United States attorneys.
Section 7 of the 1949 Act, which is codified in section 5707 of title
5, United States Code, expressly vested in the Director of the Bureau of
the Budget the authority to prescribe regulations covering travel
allowances and the reimbursement of travel expenses.
Section 8 of the 1949 Act, which is codified in section 5708(1), (2)
of title 5, United States Code, made specific exclusions from the
coverage of the Act, and United States attorneys were not so excluded.
Section 9 of the 1949 Act, which is codified in section 5708(3), (4)
of title 5, United States Code, modified acts inconsistent with the 1949
Act, and specifically mentioned acts which authorize reimbursement of
''actual and necessary'' expenses.
Prior section 509. -- Based on sections 73 and 318 of title 5,
U.S.C., 1940 ed., Executive Departments and Government Officers and
Employees, and title 28, U.S.C., 1940 ed., 586, 587 and 592 (R.S.
368, 833, 834; Mar. 3, 1875, ch. 133, 1, 18 Stat. 452; May 28, 1896,
ch. 252, 13, 14, 24, 29 Stat. 183, 186; Mar. 4, 1907, ch. 2918, 1,
34 Stat. 1360; May 27, 1908, ch. 200, 1, 35 Stat. 375; Mar. 3, 1911,
ch. 231, 291, 36 Stat. 1167; July 1, 1918, ch. 113, 1, 40 Stat. 683;
July 19, 1919, ch. 24, 1, 41 Stat. 209; Dec. 24, 1942, ch. 825, 3, 56
Stat. 1089).
Section consolidates parts of sections 73 and 318 of title 5, U.S.C.,
1940 ed., and of sections 586, 587, and 592 of title 28, U.S.C., 1940
ed.
First paragraph of this section is from section 587 of title 28,
U.S.C., 1940 ed., which did not apply to Alaska because of the
restriction in section 591 of said title 28. However, the latter
section has been superseded, in that respect, by subsequent
appropriation acts, the latest being act July 5, 1946, ch. 541, title
II, 60 Stat. 460, which specifically allows office expenses for United
States attorneys in Alaska. This section applies to all United States
attorneys.
Section 73 of title 5, U.S.C., 1940 ed., allowed only actual
traveling expenses to Government employees, except ''district
attorneys,'' marshals and clerks of courts and their deputies. It has
been superseded by the Subsistence Expense Act of 1926. See sections
821 et seq. of said title 5.
References in section 592 of title 28, U.S.C., 1940 ed., to absence
''from their respective official residences'' and to going to and
returning from attendance before courts, etc., were omitted as
surplusage and covered by the phrase ''on official business.'' Language
relating to Standardized Government Travel Regulations was also omitted
as the reference in this section is to the provision in the Subsistence
Expense Act, supra, authorizing those regulations. Verification under
oath provision was omitted as covered by section 553 (see Prior
Provisions note for that section) of this title which simplifies
procedure by requiring payment upon certification by the payee. The
penal provisions of title 18 are ample protection against fraud and an
oath alone is no deterrent.
The requirement in section 592 of title 28, U.S.C., 1940 ed., that
the marshals should include such payments in their accounts for auditing
and allowance, was omitted as unnecessary. See section 541 et seq.
(now section 561 et seq.) of this title and section 71 et seq. of title
31, U.S.C., 1940 ed.
Section 318 of title 5, U.S.C., 1940 ed., required the Attorney
General to supervise the accounts of ''district'' attorneys, marshals,
clerks, and other court officers. The language of this section covers
that requirement. The provision as to marshals is incorporated in
section 547 (see Prior Provisions note under that section) of this
title.
Quarterly expense accounts were required of United States attorneys
and marshals by section 586 of title 28, U.S.C., 1940 ed. Such
provision is omitted as unnecessary in view of this section and section
547 (see Prior Provisions note under that section) of this title.
Further provisions of said section 586 that office expenses of United
States attorneys, assistants, and marshals should be allowed under
regulations of the Attorney General and verified under oath, are
simplified by this section and section 550 (see Prior Provisions note
under that section) of this title. Another provision that accounts
therefor should be submitted to, examined by the district court and,
when approved by the court then audited and allowed by law, was omitted.
The power of the Attorney General is sufficient. The reference to
audit and allowance was unnecessary as covered by section 71 et seq. of
title 31, U.S.C., 1940 ed., Money and Finance. Said section 586 applied
also to marshals and deputies and those provisions are incorporated in
section 550 (see Prior Provisions note under that section) of this
title.
The exception in sections 586 and 591 of title 28, U.S.C., 1940 ed.,
that the former should not apply in Alaska was omitted as unnecessary.
Section 114 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions, requires travel expense accounts to be rendered and paid as
in other districts.
Changes were made in phraseology.
A prior section 549, act June 25, 1948, ch. 646, 62 Stat. 912,
which related to the marshal's power as a sheriff, was repealed by Pub.
L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in
section 570 of this title by section 4(c) of Pub. L. 89-554.
Payment of office expenses by marshal, see section 566 of this title.
28 USC 550. Clerical assistants, messengers, and private process
servers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States attorneys may employ clerical assistants,
messengers, and private process servers on approval of the Attorney
General.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 619; amended
Pub. L. 101-647, title XXXVI, 3626(a), Nov. 29, 1990, 104 Stat. 4965.)
The words ''and at salaries fixed by'' are omitted as superseded by
the Classification Act of 1949, as amended, which is codified in chapter
51 and subchapter III of chapter 53 of title 5, United States Code.
Prior section 510. -- Based on title 28, U.S.C., 1940 ed., 484, 593
(May 28, 1896, ch. 252, 15, 29 Stat. 183; June 30, 1906, ch. 3914,
1, 34 Stat. 753; July 19, 1919, ch. 24, 1, 41 Stat. 209).
Section consolidates and simplifies sections 484 and 593 of title 28,
U.S.C., 1940 ed. For provisions with respect to classified civil
service, see sections 631-684 of title 5, U.S.C., 1940 ed., Executive
Departments and Government Officers and Employees.
Section 593 of title 28, U.S.C., 1940 ed., related to clerks and
messengers in the office of United States attorney, southern district of
New York. Section 484 of title 28, U.S.C., 1940 ed., related to
clerical assistants for all United States attorneys. It was not
affected by section 678 of title 5 U.S.C. 1940 ed., Executive
Departments and Government Officers and Employees, according to a
Department of Justice interpretation.
Provision of said section 593 for office expenses of United States
attorneys is covered by section 509 (now 549) of this title.
Said section 593 also required that payment of salaries of such
clerks and messengers be made by the disbursing clerk of the Department
of Justice. Under section 550 (see Prior Provisions note below) of this
title the marshals will make such payments including the office expenses
of United States attorneys.
The restriction that section 484 of title 28, U.S.C., 1940 ed., did
not apply to Alaska is omitted as unnecessary since section 109 of title
48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizes
employment of clerical assistants to United States attorneys in Alaska
by the Attorney General.
The provision in such section 484 of title 28, U.S.C., 1940 ed., that
the need for clerical assistants be certified by the district judge, was
omitted as unnecessary. The need may be determined by the Attorney
General.
Changes were made in phraseology.
A prior section 550, acts June 25, 1948, ch. 646, 62 Stat. 912;
Sept. 9, 1959, Pub. L. 86-243, 2, 73 Stat. 474, which related to
disbursement of salaries and expenses, was repealed by Pub. L. 89-554,
8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in section 571 of
this title by section 4(c) of Pub. L. 89-554.
A prior section 551, act June 25, 1948, ch. 646, 62 Stat. 912,
which related to the collection of fees by United States marshals, was
repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and
reenacted in section 572 of this title by section 4(c) of Pub. L.
89-554.
A prior section 552, act June 25, 1948, ch. 646, 62 Stat. 912,
which related to the fixing of salaries of United States marshals, their
deputies and assistants, by the Attorney General, was repealed by Pub.
L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and reenacted in
section 571 of this title by section 4(c) of Pub. L. 89-554.
A prior section 553, acts June 25, 1948, ch. 646, 62 Stat. 912;
May 24, 1949, ch. 139, 72, 63 Stat. 100; Aug. 4, 1955, ch. 550, 69
Stat. 492; Aug. 14, 1961, Pub. L. 87-139, 5, 75 Stat. 340, which
related to expenses of marshal, was repealed by Pub. L. 89-554, 8(a),
Sept. 6, 1966, 80 Stat. 663, and reenacted in section 567 of this
title by section 4(c) of Pub. L. 89-554.
A prior section 554, act June 25, 1948, ch. 646, 62 Stat. 913,
which related to the delivery of prisoners to the successor marshal, was
repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663, and
reenacted in section 573 of this title by section 4(c) of Pub. L.
89-554.
A prior section 555, act June 25, 1948, ch. 646, 62 Stat. 913,
which related to the delivery of all unserved process to the successor
marshal or his deputies, was repealed by Pub. L. 89-554, 8(a), Sept.
6, 1966, 80 Stat. 663, and reenacted in section 574 of this title by
section 4(c) of Pub. L. 89-554.
A prior section 556, act June 25, 1948, ch. 646, 62 Stat. 913,
which related to the prohibition of the practice of law by a marshal or
deputy marshal, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966,
80 Stat. 663, and reenacted in section 575 of this title by section
4(c) of Pub. L. 89-554.
1990 -- Pub. L. 101-647 substituted '', messengers, and private
process servers'' for ''and messengers'' in section catchline and text.
Amendment by Pub. L. 101-647 effective 180 days after Nov. 29,
1990, see section 3631 of Pub. L. 101-647, set out as an Effective Date
note under section 3001 of this title.
28 USC CHAPTER 37 -- UNITED STATES MARSHALS SERVICE
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
561. United States Marshals Service.
562. Vacancies.
563. Oath of office.
564. Powers as sheriff.
565. Expenses of the Service.
566. Powers and duties.
567. Collection of fees; accounting.
568. Practice of law prohibited.
569. Reemployment rights.
1988 -- Pub. L. 100-690, title VII, 7608(a)(3), Nov. 18, 1988, 102
Stat. 4514, substituted in chapter heading ''Marshals Service'' for
''Marshals'' and amended chapter analysis generally, substituting items
561 to 569 for former items 561 to 576.
1984 -- Pub. L. 98-473, title II, 1211(c), Oct. 12, 1984, 98 Stat.
2163, added item 576.
1982 -- Pub. L. 97-258, 2(g)(3)(A), Sept. 13, 1982, 96 Stat.
1060, added item 572a.
1972 -- Pub. L. 92-310, title II, 206(a)(2), June 6, 1972, 86 Stat.
203, struck out item 564 ''Bond''.
1966 -- Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 619, added
chapter 37 and items 561 to 575.
Supreme Court marshal, see section 672 of this title.
28 USC 561. United States Marshals Service
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) There is hereby established a United States Marshals Service as a
bureau within the Department of Justice under the authority and
direction of the Attorney General. There shall be at the head of the
United States Marshals Service (hereafter in this chapter referred to as
the ''Service'') a Director who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) The Director of the United States Marshals Service (hereafter in
this chapter referred to as the ''Director'') shall, in addition to the
powers and duties set forth in this chapter, exercise such other
functions as may be delegated by the Attorney General.
(c) The President shall appoint, by and with the advice and consent
of the Senate, a United States marshal for each judicial district of the
United States and for the Superior Court of the District of Columbia,
except that any marshal appointed for the Northern Mariana Islands may
at the same time serve as marshal in another judicial district. Each
United States marshal shall be an official of the Service and shall
serve under the direction of the Director.
(d) Each marshal shall be appointed for a term of four years. A
marshal shall, unless that marshal has resigned or been removed by the
President, continue to perform the duties of that office after the end
of that 4-year term until a successor is appointed and qualifies.
(e) The Director shall designate places within a judicial district
for the official station and offices of each marshal. Each marshal
shall reside within the district for which such marshal is appointed,
except that --
(1) the marshal for the District of Columbia, for the Superior Court
of the District of Columbia, and for the Southern District of New York
may reside within 20 miles of the district for which the marshal is
appointed; and
(2) any marshal appointed for the Northern Mariana Islands who at the
same time is serving as marshal in another district may reside in such
other district.
(f) The Director is authorized to appoint and fix the compensation of
such employees as are necessary to carry out the powers and duties of
the Service and may designate such employees as law enforcement officers
in accordance with such policies and procedures as the Director shall
establish pursuant to the applicable provisions of title 5 and
regulations issued thereunder.
(g) The Director shall supervise and direct the United States
Marshals Service in the performance of its duties.
(h) The Director may administer oaths and may take affirmations of
officials and employees of the Service, but shall not demand or accept
any fee or compensation therefor.
(i) There are authorized to be appropriated such sums as may be
necessary to carry out the functions of the Service.
(Added Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102
Stat. 4512.)
A prior section 561, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 619; amended Pub. L. 95-530, 2, Oct. 27, 1978, 92 Stat.
2028, which related to appointment, term, and residence of United States
marshals, was repealed by Pub. L. 100-690, title VII, 7608(a)(1), Nov.
18, 1988, 102 Stat. 4512.
Guam, Virgin Islands, and Northern Mariana Islands, appointment of
marshal, see sections 1424b, 1614, and 1694 of Title 48, Territories and
Insular Possessions.
28 USC 562. Vacancies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) In the case of a vacancy in the office of a United States
marshal, the Attorney General may designate a person to perform the
functions of and act as marshal, except that the Attorney General may
not designate to act as marshal any person who was appointed by the
President to that office but with respect to such appointment the Senate
has refused to give its advice and consent.
(b) A person designated by the Attorney General under subsection (a)
may serve until the earliest of the following events:
(1) The entry into office of a United States marshal appointed by the
President, pursuant to section 561(c).
(2) The expiration of the thirtieth day following the end of the next
session of the Senate.
(3) If such designee of the Attorney General is appointed by the
President pursuant to section 561(c), but the Senate refuses to give its
advice and consent to the appointment, the expiration of the thirtieth
day following such refusal.
(Added Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102
Stat. 4513.)
A prior section 562, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 619, which related to appointment of deputy marshals and clerical
assistants, was repealed by Pub. L. 100-690, title VII, 7608(a)(1),
Nov. 18, 1988, 102 Stat. 4512. See section 561(f) of this title.
28 USC 563. Oath of office
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Director and each United States marshal and law enforcement
officer of the Service, before taking office, shall take an oath or
affirmation to faithfully execute the duties of that office.
(Added Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102
Stat. 4513.)
A prior section 563, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 619, which specifically stated the oath of office to be taken,
was repealed by Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18,
1988, 102 Stat. 4512. See section 561(h) of this title.
28 USC 564. Powers as sheriff
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
United States marshals, deputy marshals and such other officials of
the Service as may be designated by the Director, in executing the laws
of the United States within a State, may exercise the same powers which
a sheriff of the State may exercise in executing the laws thereof.
(Added Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102
Stat. 4513.)
A prior section 564, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 619, which related to bonds of United States marshals, was
repealed by Pub. L. 92-310, title II, 206(a)(1), June 6, 1972, 86
Stat. 203.
28 USC 565. Expenses of the Service
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Director is authorized to use funds appropriated for the Service
to make payments for expenses incurred pursuant to personal services
contracts and cooperative agreements, authorized by the Attorney
General, for security guards and for the service of summons on
complaints, subpoenas, and notices in lieu of services by United States
marshals and deputy marshals.
(Added Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102
Stat. 4513.)
A prior section 565, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 620, which related to filling vacancies, was repealed by Pub. L.
100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512. See
section 562 of this title.
28 USC 566. Powers and duties
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) It is the primary role and mission of the United States Marshals
Service to provide for the security and to obey, execute, and enforce
all orders of the United States District Courts, the United States
Courts of Appeals and the Court of International Trade.
(b) The United States marshal of each district is the marshal of the
district court and of the court of appeals when sitting in that
district, and of the Court of International Trade holding sessions in
that district, and may, in the discretion of the respective courts, be
required to attend any session of court.
(c) Except as otherwise provided by law or Rule of Procedure, the
United States Marshals Service shall execute all lawful writs, process,
and orders issued under the authority of the United States, and shall
command all necessary assistance to execute its duties.
(d) Each United States marshal, deputy marshal, and any other
official of the Service as may be designated by the Director may carry
firearms and make arrests without warrant for any offense against the
United States committed in his or her presence, or for any felony
cognizable under the laws of the United States if he or she has
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony.
(e)(1) The United States Marshals Service is authorized to --
(A) provide for the personal protection of Federal jurists, court
officers, witnesses, and other threatened persons in the interests of
justice where criminal intimidation impedes on the functioning of the
judicial process or any other official proceeding; and
(B) investigate such fugitive matters, both within and outside the
United States, as directed by the Attorney General.
(2) Nothing in paragraph (1)(B) shall be construed to interfere with
or supersede the authority of other Federal agencies or bureaus.
(f) In accordance with procedures established by the Director, and
except for public money deposited under section 2041 of this title, each
United States marshal shall deposit public moneys that the marshal
collects into the Treasury, subject to disbursement by the marshal. At
the end of each accounting period, the earned part of public moneys
accruing to the United States shall be deposited in the Treasury to the
credit of the appropriate receipt accounts.
(g) Prior to resignation, retirement, or removal from office --
(1) a United States marshal shall deliver to the marshal's successor
all prisoners in his custody and all unserved process; and
(2) a deputy marshal shall deliver to the marshal all process in the
custody of the deputy marshal.
(h) The United States marshals shall pay such office expenses of
United States Attorneys as may be directed by the Attorney General.
(Added Pub. L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102
Stat. 4514.)
A prior section 566, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 620; amended Pub. L. 92-310, title II, 206(b), June 6, 1972,
86 Stat. 203, which provided that upon death of a marshal his deputy or
deputies perform his duties until a successor is appointed and
qualifies, was repealed by Pub. L. 100-690, title VII, 7608(a)(1),
Nov. 18, 1988, 102 Stat. 4512.
28 USC 567. Collection of fees; accounting
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each United States marshal shall collect, as far as possible, his
lawful fees and account for the same as public moneys.
(b) The marshal's accounts of fees and costs paid to a witness or
juror on certificate of attendance issued as provided by sections 1825
and 1871 of this title may not be reexamined to charge him for an
erroneous payment of the fees or costs.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 621, 572;
renumbered 567, Pub. L. 100-690, title VII, 7608(a)(2)(B), Nov. 18,
1988, 102 Stat. 4514.)
In subsection (b), the words ''may not'' are substituted for ''shall
not''.
Prior section 551. -- Based on title 28, U.S.C., 1940 ed., 577,
578a (R.S. 846; May 28, 1896, ch. 252, 6, 13, 24, 29 Stat. 179, 183,
186; May 27, 1908, ch. 200, 1, 35 Stat. 375; June 6, 1930, ch. 409,
46 Stat. 522; Oct. 13, 1941, ch. 431, 1, 55 Stat. 736).
Section consolidates first sentence of section 577 with section 578a
of title 28, U.S.C., 1940 ed., with changes of phraseology necessary to
effect consolidation. Other provisions of said section 577 are
incorporated in section 1929 of this title.
The qualification that payments of witness fees or costs be made upon
''order of court,'' contained in said section 577 of title 28, U.S.C.,
1940 ed., was omitted as obsolete and suitable reference was made to
sections 1825 and 1871 of this title under which payments are now made
on certificates of attendance.
Section 578a of title 28, U.S.C., 1940 ed., is rewritten in
simplified terms without change of substance. The proviso of such
section 578a, prohibiting the collection of fees from the United States,
was omitted as covered by section 2412 of this title, providing that the
United States should be liable only for fees when such liability is
expressly provided by Congress.
The provision of section 578a of title 28, U.S.C., 1940 ed.,
requiring that fees and emoluments collected by the marshal shall be
deposited by him in accordance with the provisions of section 495 of
title 31, U.S.C., 1940 ed., Money and Finance, was omitted as said
section 495 governs such deposits without implementation in this
section.
A prior section 567, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 620, which related to expenses of marshals, was repealed by Pub.
L. 100-690, title VII, 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512. See
section 565 of this title.
1988 -- Pub. L. 100-690 renumbered section 572 of this title as this
section.
28 USC 568. Practice of law prohibited
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A United States marshal or deputy marshal may not practice law in any
court of the United States.
(Added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat. 621, 575;
renumbered 568, Pub. L. 100-690, title VII, 7608(a)(2)(B), Nov. 18,
1988, 102 Stat. 4514.)
The words ''may not'' are substituted for ''shall not''.
Prior section 556. -- Based on title 28, U.S.C., 1940 ed., 395 and
396 (Mar. 3, 1911, ch. 231, 273, 274, 36 Stat. 1164).
Section consolidates parts of sections 395 and 396 of title 28,
U.S.C., 1940 ed. Similar provisions in said sections, relating to
clerks, are incorporated in section 955 of this title.
The revised section substitutes, as simpler and more appropriate, the
prohibition against practice of law ''in any court of the United
States'' for the more involved language of section 395 of title 28,
U.S.C., 1940 ed., which provided that no clerks or marshals, deputies,
or assistants within the district for which appointed ''shall act as
solicitor, proctor, attorney or counsel, in any cause depending in any
of said courts, or in any district for which he is acting as such
officer.''
Provisions of section 396 of title 28, U.S.C., 1940 ed., for striking
the name of an offender from the roll of attorneys and for
recommendation of dismissal, were omitted as unnecessary and as covered
by section 541 of this title.
Changes were made in phraseology.
A prior section 568, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 620, which related to availability of appropriations for transfer
of prisoners to narcotic farms, was repealed by Pub. L. 100-690, title
VII, 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512.
1988 -- Pub. L. 100-690 renumbered section 575 of this title as this
section.
28 USC 569. Reemployment rights
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A United States marshal for a judicial district who was appointed
from a position in the competitive service (as defined in section 2102
of title 5) in the United States Marshals Service and who, for reasons
other than misconduct, neglect of duty, or malfeasance, is removed from
such office, is entitled to be reemployed in any vacant position in the
competitive service in the United States Marshals Service at the same
grade or pay level, or lower, as the individual's former position if --
(1) the individual is qualified for the vacant position; and
(2) the individual has made application for the position not later
than ninety days after being removed from office as a United States
marshal.
Such individual shall be so reemployed within thirty days after
making such application or after being removed from office, whichever is
later. An individual denied reemployment under this section in a
position because the individual is not qualified for that position may
appeal that denial to the Merit Systems Protection Board under section
7701 of title 5.
(b) Any United States marshal serving on the effective date of this
section shall continue to serve for the remainder of the term for which
such marshal was appointed, unless sooner removed by the President.
(Added Pub. L. 98-473, title II, 1211(a), Oct. 12, 1984, 98 Stat.
2163, 576; renumbered 569, Pub. L. 100-690, title VII,
7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
The effective date of this section, referred to in subsec. (b), is
Oct. 1, 1984. See Effective Date note set out below.
A prior section 569, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80
Stat. 620; amended Pub. L. 95-598, title II, 221, Nov. 6, 1978, 92
Stat. 2662; Pub. L. 96-417, title V, 501(12), Oct. 10, 1980, 94
Stat. 1742; Pub. L. 99-466, 3(a), Oct. 14, 1986, 100 Stat. 1191,
which related to powers and duties generally and supervision by the
Attorney General, was repealed by Pub. L. 100-690, title VII,
7608(a)(1), Nov. 18, 1988, 102 Stat. 4512. See section 566 of this
title.
1988 -- Pub. L. 100-690 renumbered section 576 of this title as this
section.
Section 1212 of subpart B ( 1211, 1212) of part F of chapter XII of
title II of Pub. L. 98-473 provided that: ''The amendments made by
this subpart (enacting this section) shall take effect on October 1,
1984.''
28 USC ( 570, 571. Repealed. Pub. L. 100-690, title VII, 7608(a)(1),
Nov. 18, 1988, 102 Stat. 4512)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section 570, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat.
620, granted United States marshals the power of a sheriff in executing
laws of the United States in a State. See section 564 of this title.
Section 571, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat.
621; amended Pub. L. 95-598, title II, 222, 223, Nov. 6, 1978, 92
Stat. 2662; Pub. L. 97-258, 2(g)(2), Sept. 13, 1982, 96 Stat. 1060,
related to disbursement of salaries and moneys.
28 USC ( 572. Renumbered 567)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC ( 572a to 574. Repealed. Pub. L. 100-690, title VII,
7608(a)(2)(A), Nov. 18, 1988, 102 Stat. 4514)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section 572a, added Pub. L. 97-258, 2(g)(3)(B), Sept. 13, 1982, 96
Stat. 1060, related to depositing of public moneys. See section 566(f)
of this title.
Section 573, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat.
621, related to delivery of prisoners to a successor. See section
566(g)(1) of this title.
Section 574, added Pub. L. 89-554, 4(c), Sept. 6, 1966, 80 Stat.
621, related to delivery of unserved process to a successor. See
section 566(g)(2) of this title.
28 USC ( 575, 576. Renumbered 568, 569)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC CHAPTER 39 -- UNITED STATES TRUSTEES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
581. United States trustees.
582. Assistant United States trustees.
583. Oath of office.
584. Official stations.
585. Vacancies.
586. Duties; supervision by Attorney General.
587. Salaries.
588. Expenses.
589. Staff and other employees.
589a. United States Trustee System Fund.
1986 -- Pub. L. 99-554, title I, 115(b), Oct. 27, 1986, 100 Stat.
3095, added item 589a.
ons Relating to United States Trustees
Pub. L. 95-598, title IV, 408, Nov. 6, 1978, 92 Stat. 2686, as
amended by Pub. L. 98-166, title II, 200, Nov. 28, 1983, 97 Stat.
1081; Pub. L. 98-353, title III, 323, July 10, 1984, 98 Stat. 358;
Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99-500,
101(b) (title II, 200), Oct. 18, 1986, 100 Stat. 1783-39, 1783-45,
and Pub. L. 99-591, 101(b) (title II, 200), Oct. 30, 1986, 100 Stat.
3341-39, 3341-45; Pub. L. 99-554, title III, 307(a), Oct. 27, 1986,
100 Stat. 3125, which provided that the Attorney General conduct such
studies and surveys as necessary to evaluate needs, feasibility, and
effectiveness of the United States trustee system, and report result of
such studies and surveys to Congress, the President, and the Judicial
Conference of the United States, beginning on or before January 3, 1980,
and annually thereafter during the transition period; that not later
than January 3, 1984, the Attorney General report to Congress, the
President, and the Judicial Conference of the United States, as to the
feasibility, projected annual cost and effectiveness of the United
States trustee system, as determined on the basis of the studies and
surveys respecting the operation of the United States trustee system in
the districts, together with recommendations as to the desirability and
method of proceeding with implementation of the United States trustee
system in all judicial districts of the United States; and that chapter
15 of title 11 and chapter 39 of this title were repealed, and all
references to the United States trustee contained in this title were
deleted, 30 days after the effective date of Pub. L. 99-554 (see
section 302 of Pub. L. 99-554, set out as a note under section 581 of
this title), with service of any United States trustee, of any assistant
United States trustee, and of any employee employed or appointed under
the authority of such chapter 39 was terminated on such date, was
repealed by Pub. L. 99-554, title III, 307(b), Oct. 27, 1986, 100
Stat. 3125.
28 USC 581. United States trustees
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General shall appoint one United States trustee for
each of the following regions composed of Federal judicial districts
(without regard to section 451):
(1) The judicial districts established for the States of Maine,
Massachusetts, New Hampshire, and Rhode Island.
(2) The judicial districts established for the States of Connecticut,
New York, and Vermont.
(3) The judicial districts established for the States of Delaware,
New Jersey, and Pennsylvania.
(4) The judicial districts established for the States of Maryland,
North Carolina, South Carolina, Virginia, and West Virginia and for the
District of Columbia.
(5) The judicial districts established for the States of Louisiana
and Mississippi.
(6) The Northern District of Texas and the Eastern District of Texas.
(7) The Southern District of Texas and the Western District of Texas.
(8) The judicial districts established for the States of Kentucky and
Tennessee.
(9) The judicial districts established for the States of Michigan and
Ohio.
(10) The Central District of Illinois and the Southern District of
Illinois; and the judicial districts established for the State of
Indiana.
(11) The Northern District of Illinois; and the judicial districts
established for the State of Wisconsin.
(12) The judicial districts established for the States of Minnesota,
Iowa, North Dakota, and South Dakota.
(13) The judicial districts established for the States of Arkansas,
Nebraska, and Missouri.
(14) The District of Arizona.
(15) The Southern District of California; and the judicial districts
established for the State of Hawaii, and for Guam and the Commonwealth
of the Northern Mariana Islands.
(16) The Central District of California.
(17) The Eastern District of California and the Northern District of
California; and the judicial district established for the State of
Nevada.
(18) The judicial districts established for the States of Alaska,
Idaho (exclusive of Yellowstone National Park), Montana (exclusive of
Yellowstone National Park), Oregon, and Washington.
(19) The judicial districts established for the States of Colorado,
Utah, and Wyoming (including those portions of Yellowstone National Park
situated in the States of Montana and Idaho).
(20) The judicial districts established for the States of Kansas, New
Mexico, and Oklahoma.
(21) The judicial districts established for the States of Alabama,
Florida, and Georgia and for the Commonwealth of Puerto Rico and the
Virgin Islands of the United States.
(b) Each United States trustee shall be appointed for a term of five
years. On the expiration of his term, a United States trustee shall
continue to perform the duties of his office until his successor is
appointed and qualifies.
(c) Each United States trustee is subject to removal by the Attorney
General.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2662; amended Pub. L. 99-554, title I, 111(a)-(c), Oct. 27, 1986, 100
Stat. 3090, 3091.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
1986 -- Subsec. (a). Pub. L. 99-554, 111(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
Attorney General shall appoint one United States trustee for each of the
following districts or groups of districts:
''(1) District of Maine, District of New Hampshire, District of
Massachusetts, and District of Rhode Island.
''(2) Southern District of New York.
''(3) District of Delaware and District of New Jersey.
''(4) Eastern District of Virginia and District of District of
Columbia.
''(5) Northern District of Alabama.
''(6) Northern District of Texas.
''(7) Northern District of Illinois.
''(8) District of Minnesota, District of North Dakota, District of
South Dakota.
''(9) Central District of California.
''(10) District of Colorado and District of Kansas.''
Subsec. (b). Pub. L. 99-554, 111(b), substituted ''five years'' for
''seven years'' and ''office'' for ''Office''.
Subsec. (c). Pub. L. 99-554, 111(c), struck out ''for cause'' after
''removal''.
Administrative Provisions
Title III of Pub. L. 99-554, as amended by Pub. L. 101-650, title
III, 317(a), (c), Dec. 1, 1990, 104 Stat. 5115, 5116, provided that:
''SEC. 301. INCUMBENT UNITED STATES TRUSTEES.
''(a) Area for Which Appointed. -- Notwithstanding any paragraph of
section 581(a) of title 28, United States Code, as in effect before the
effective date of this Act, a United States trustee serving in such
office on the effective date of this Act shall serve the remaining term
of such office as United States trustee for the region specified in a
paragraph of such section, as amended by this Act, that includes the
site at which the primary official station of the United States trustee
is located immediately before the effective date of this Act.
''(b) Term of Office. -- Notwithstanding section 581(b) of title 28,
United States Code, as in effect before the effective date of this Act,
the term of office of any United States trustee serving in such office
on the date of the enactment of this Act (Oct. 27, 1986) shall expire --
''(1) 2 years after the expiration date of such term of office under
such section, as so in effect, or
''(2) 4 years after the date of the enactment of this Act,
whichever occurs first.
''SEC. 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
''(a) General Effective Date. -- Except as provided in subsections
(b), (c), (d), (e), and (f), this Act and the amendments made by this
Act (see Short Title of 1986 Amendment note below) shall take effect 30
days after the date of the enactment of this Act (Oct. 27, 1986).
''(b) Amendments Relating to Bankruptcy Judges and Incumbent United
States Trustees. -- Subtitle A of title I, and sections 301 and 307(a)
(amending sections 152 and 156 of this title, enacting provisions set
out as notes under section 581 of this title, and amending provisions
set out as notes under section 152 of this title and preceding section
581 of this title), shall take effect on the date of the enactment of
this Act (Oct. 27, 1986).
''(c) Amendments Relating to Family Farmers. -- (1) The amendments
made by subtitle B of title II ( 251 to 257 of Pub. L. 99-554, see
Tables for classification) shall not apply with respect to cases
commenced under title 11 of the United States Code before the effective
date of this Act.
''(2) Section 1202 of title 11 of the United States Code (as added by
the amendment made by section 255 of this Act) shall take effect on the
effective date of this Act and before the amendment made by section 227
of this Act (amending section 1202 of this title).
''(3) Until the amendments made by subtitle A of title II of this Act
( 201 to 231 of Pub. L. 99-554, see Tables for classification) become
effective in a district and apply to a case, for purposes of such case
--
''(A)(i) any reference in section 326(b) of title 11 of the United
States Code to chapter 13 of title 11 of the United States Code shall be
deemed to be a reference to chapter 12 or chapter 13 of title 11 of the
United States Code,
''(ii) any reference in such section 326(b) to section 1302(d) of
title 11 of the United States Code shall be deemed to be a reference to
section 1302(d) of title 11 of the United States Code or section 586(b)
of title 28 of the United States Code, and
''(iii) any reference in such section 326(b) to section 1302(a) of
title 11 of the United States Code shall be deemed to be a reference to
section 1202(a) or section 1302(a) of title 11 of the United States
Code, and
''(B)(i) the first two references in section 1202(a) of title 11 of
the United States Code (as added by the amendment made by section 255 of
this Act) to the United States trustee shall be deemed to be a reference
to the court, and
''(ii) any reference in such section 1202(a) to section 586(b) of
title 28 of the United States Code shall be deemed to be a reference to
section 1202(c) of title 11 of the United States Code (as so added).
''(d) Application of Amendments to Judicial Districts. --
''(1) Certain regions not currently served by united states trustees.
-- (A) The amendments made by subtitle A of title II of this Act ( 201
to 231 of Pub. L. 99-554, see Tables for classification), and section
1930(a)(6) of title 28 of the United States Code (as added by section
117(4) of this Act), shall not --
''(i) become effective in or with respect to a judicial district
specified in subparagraph (B) until, or
''(ii) apply to cases while pending in such district before,
the expiration of the 270-day period beginning on the effective date
of this Act or of the 30-day period beginning on the date the Attorney
General certifies under section 303 of this Act the region specified in
a paragraph of section 581(a) of title 28, United States Code, as
amended by section 111(a) of this Act, that includes such district,
whichever occurs first.
''(B) Subparagraph (A) applies to the following:
''(i) The judicial district established for the Commonwealth of
Puerto Rico.
''(ii) The District of Connecticut.
''(iii) The judicial districts established for the State of New York
(other than the Southern District of New York).
''(iv) The District of Vermont.
''(v) The judicial districts established for the State of
Pennsylvania.
''(vi) The judicial district established for the Virgin Islands of
the United States.
''(vii) The District of Maryland.
''(viii) The judicial districts established for the State of North
Carolina.
''(ix) The District of South Carolina.
''(x) The judicial districts established for the State of West
Virginia.
''(xi) The Western District of Virginia.
''(xii) The Eastern District of Texas.
''(xiii) The judicial districts established for the State of
Wisconsin.
''(xiv) The judicial districts established for the State of Iowa.
''(xv) The judicial districts established for the State of New
Mexico.
''(xvi) The judicial districts established for the State of Oklahoma.
''(xvii) The District of Utah.
''(xviii) The District of Wyoming (including those portions of
Yellowstone National Park situated in the States of Montana and Idaho).
''(xix) The judicial districts established for the State of Alabama.
''(xx) The judicial districts established for the State of Florida.
''(xxi) The judicial districts established for the State of Georgia.
''(2) Certain remaining judicial districts not currently served by
united states trustees. -- (A) The amendments made by subtitle A of
title II of this Act ( 201 to 231 of Pub. L. 99-554, see Tables for
classification), and section 1930(a)(6) of title 28 of the United States
Code (as added by section 117(4) of this Act), shall not --
''(i) become effective in or with respect to a judicial district
specified in subparagraph (B) until, or
''(ii) apply to cases while pending in such district before,
the expiration of the 2-year period beginning on the effective date
of this Act or of the 30-day period beginning on the date the Attorney
General certifies under section 303 of this Act the region specified in
a paragraph of section 581(a) of title 28, United States Code, as
amended by section 111(a) of this Act, that includes such district,
whichever occurs first.
''(B) Subparagraph (A) applies to the following:
''(i) The judicial districts established for the State of Louisiana.
''(ii) The judicial districts established for the State of
Mississippi.
''(iii) The Southern District of Texas and the Western District of
Texas.
''(iv) The judicial districts established for the State of Kentucky.
''(v) The judicial districts established for the State of Tennessee.
''(vi) The judicial districts established for the State of Michigan.
''(vii) The judicial districts established for the State of Ohio.
''(viii) The judicial districts established for the State of Illinois
(other than the Northern District of Illinois).
''(ix) The judicial districts established for the State of Indiana.
''(x) The judicial districts established for the State of Arkansas.
''(xi) The judicial districts established for the State of Nebraska.
''(xii) The judicial districts established for the State of Missouri.
''(xiii) The District of Arizona.
''(xiv) The District of Hawaii.
''(xv) The judicial district established for Guam.
''(xvi) The judicial district established for the Commonwealth of the
Northern Mariana Islands.
''(xvii) The judicial districts established for the State of
California (other than the Central District of California).
''(xviii) The District of Nevada.
''(xix) The District of Alaska.
''(xx) The District of Idaho.
''(xxi) The District of Montana.
''(xxii) The District of Oregon.
''(xxiii) The judicial districts established for the State of
Washington.
''(3) Judicial districts for the states of alabama and north
carolina. -- (A) Notwithstanding paragraphs (1) and (2), and any other
provision of law, the amendments made by subtitle A of title II of this
Act ( 201 to 231 of Pub. L. 99-554, see Tables for classification), and
section 1930(a)(6) of title 28 of the United States Code (as added by
section 117(4) of this Act), shall not --
''(i) become effective in or with respect to a judicial district
specified in subparagraph (E) until, or
''(ii) apply to cases while pending in such district before,
such district elects to be included in a bankruptcy region
established in section 581(a) of title 28, United States Code, as
amended by section 111(a) of this Act, or October 1, 2002, whichever
occurs first, except that the amendment to section 105(a) of title 11,
United States Code, shall become effective as of the date of the
enactment of the Federal Courts Study Committee Implementation Act of
1990 (Dec. 1, 1990).
''(B) Any election under subparagraph (A) shall be made upon a
majority vote of the chief judge of such district and each bankruptcy
judge in such judicial district in favor of such election.
''(C) Notice that an election has been made under subparagraph (A)
shall be given, not later than 10 days after such election, to the
Attorney General and the appropriate Federal Circuit Court of Appeals
for such district.
''(D) Any election made under subparagraph (A) shall become effective
on the date the amendments made by subtitle A of title II of this Act
become effective in the region that includes such district or 30 days
after the Attorney General receives the notice required under
subparagraph (C), whichever occurs later.
''(E) Subparagraph (A) applies to the following:
''(i) The judicial districts established for the State of Alabama.
''(ii) The judicial districts established for the State of North
Carolina.
''(F)(i) Subject to clause (ii), with respect to cases under chapters
7, 11, 12, and 13 of title 11, United States Code --
''(I) commenced before the effective date of this Act, and
''(II) pending in a judicial district in the State of Alabama or the
State of North Carolina before any election made under subparagraph (A)
by such district becomes effective or October 1, 2002, whichever occurs
first,
the amendments made by section 113 (amending section 586 of this
title) and subtitle A of title II of this Act, and section 1930(a)(6) of
title 28 of the United States Code (as added by section 117(4) of this
Act), shall not apply until October 1, 2003, or the expiration of the
1-year period beginning on the date such election becomes effective,
whichever occurs first.
''(ii) For purposes of clause (i), the amendments made by section 113
and subtitle A of title II of this Act, and section 1930(a)(6) of title
28 of the United States Code (as added by section 117(4) of this Act),
shall not apply with respect to a case under chapter 7, 11, 12, or 13 of
title 11, United States Code, if --
''(I) the trustee in the case files the final report and account of
administration of the estate, required under section 704 of such title,
or
''(II) a plan is confirmed under section 1129, 1225, or 1325 of such
title,
before October 1, 2003, or the expiration of the 1-year period
beginning on the date such election becomes effective, whichever occurs
first.
''(G) Notwithstanding section 589a of title 28, United States Code,
as added by section 115 of this Act, funds collected as a result of the
amendments made by section 117 of this Act (amending section 1930 of
this title) in a judicial district in the State of Alabama or the State
of North Carolina under section 1930(a) of title 28, United States Code,
before the date the amendments made by subtitle A of title II of this
Act take effect in such district shall be deposited in the general
receipts of the Treasury.
''(H) The repeal made by section 231 of this Act (repealing chapter
15 of title 11) shall not apply in or with respect to the Northern
District of Alabama until March 1, 1987, or the effective date of any
election made under subparagraph (A) by such district, whichever occurs
first.
''(I) In any judicial district in the State of Alabama or the State
of North Carolina that has not made the election described in
subparagraph (A), any person who is appointed under regulations issued
by the Judicial Conference of the United States to administer estates in
cases under title 11 of the United States Code may --
''(i) establish, maintain, and supervise a panel of private trustees
that are eligible and available to serve as trustees in cases under
title 11, United States Code, and
''(ii) supervise the administration of cases and trustees in cases
under chapters 7, 11, 12, and 13 of title 11, United States Code,
until the amendments made by subtitle A of title II take effect in
such district.
''(e) Application of United States Trustee System and Quarterly Fees
to Certain Cases. --
''(1) In general. -- Subject to paragraph (2), with respect to cases
under chapters 7, 11, 12, and 13 of title 11, United States Code --
''(A) commenced before the effective date of this Act, and
''(B) pending in a judicial district referred to in section 581(a) of
title 28, United States Code, as amended by section 111(a) of this Act,
for which a United States trustee is not authorized before the effective
date of this Act to be appointed,
the amendments made by section 113 (amending section 586 of this
title) and subtitle A of title II of this Act ( 201 to 231 of Pub. L.
99-554, see Tables for classification), and section 1930(a)(6) of title
28 of the United States Code (as added by section 117(4) of this Act),
shall not apply until the expiration of the 3-year period beginning on
the effective date of this Act, or of the 1-year period beginning on the
date the Attorney General certifies under section 303 of this Act the
region specified in a paragraph of such section 581(a), as so amended,
that includes such district, whichever occurs first.
''(2) Amendments inapplicable. -- For purposes of paragraph (1), the
amendments made by section 113 and subtitle A of title II of this Act,
and section 1930(a)(6) of title 28 of the United States Code (as added
by section 117(4) of this Act), shall not apply with respect to a case
under chapter 7, 11, 12, or 13 of title 11, United States Code, if --
''(A) the trustee in the case files the final report and account of
administration of the estate, required under section 704 of such title,
or
''(B) a plan is confirmed under section 1129, 1225, or 1325 of such
title,
before the expiration of the 3-year period, or the expiration of the
1-year period, specified in paragraph (1), whichever occurs first.
''(3) Rule of construction regarding fees for cases. -- This Act (see
Short Title of 1986 Amendment note below) and the amendments made by
section 117(4) of this Act (amending section 1930 of this title) shall
not be construed to require the payment of a fee under paragraph (6) of
section 1930(a) of title 28, United States Code, in a case under title
11 of the United States Code for any conduct or period occurring before
such paragraph becomes effective in the district in which such case is
pending.
''(f) Repeal of Chapter 12 of Title 11. -- Chapter 12 of title 11 of
the United States Code is repealed on October 1, 1993. All cases
commenced or pending under chapter 12 of title 11, United States Code,
and all matters and proceedings in or relating to such cases, shall be
conducted and determined under such chapter as if such chapter had not
been repealed. The substantive rights of parties in connection with
such cases, matters, and proceedings shall continue to be governed under
the laws applicable to such cases, matters, and proceedings as if such
chapter had not been repealed.
''SEC. 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND
PUBLICATION OF CERTIFICATION.
''(a) Certification by Attorney General. -- The Attorney General may
certify in writing a region specified in a paragraph of section 581(a)
of title 28, United States Code (other than paragraph (16)), as amended
by section 111(a) of this Act, to the appropriate court of appeals of
the United States, for the purpose of informing such court that certain
amendments made by this Act will become effective in accordance with
section 302 of this Act.
''(b) Notice and Publication of Certification. -- Whenever the
Attorney General transmits a certification under subsection (a), the
Attorney General shall simultaneously --
''(1) transmit a copy of such certification to the Speaker of the
House of Representatives and to the President pro tempore of the Senate,
and
''(2) publish such certification in the Federal Register.
''SEC. 304. ADMINISTRATIVE PROVISIONS.
''(a) Cooperative Arrangements. -- The Attorney General and the
Director of the Administrative Office of the United States Courts may
enter into agreements under which United States trustees may --
''(1) use --
''(A) the services, equipment, personnel, records, reports, and data
compilations, in any form, of the courts of the United States, and
''(B) the facilities of such courts, and
''(2) cooperate in the use by the courts of the United States of --
''(A) the services, equipment, personnel, records, reports, and data
compilations, in any form, of United States trustees, and
''(B) the facilities of such trustees,
to prevent duplication during the 2-year period beginning on the
effective date of this Act.
''(b) Information and Documents Relating to Bankruptcy Cases and
United States Trustees. -- The Director of the Administrative Office of
the United States Courts shall make available to United States trustees,
at the request of the Attorney General and on a continuing basis, all
records, reports, and data compilations relating to --
''(1) cases and proceedings under title 11 of the United States Code,
and
''(2) the duties of United States trustees under titles 11 and 28 of
the United States Code.
''SEC. 305. APPLICATION OF CERTAIN BANKRUPTCY RULES.
''(a) Rules Relating to the United States Trustee System. -- If a
United States trustee is not authorized, before the effective date of
this Act, to be appointed for a judicial district referred to in section
581(a) of title 28, United States Code, as amended by section 111(a) of
this Act, then part X of the Bankruptcy Rules (11 U.S.C. App.) shall
not apply to cases in such district until the amendments made by
subtitle A of title II of this Act ( 201 to 231 of Pub. L. 99-554, see
Tables for classification) become effective under section 302 of this
Act in such district.
''(b) Rules Relating to Chapter 12 of Title 11. -- The rules
prescribed under section 2075 of title 28, United States Code, and in
effect on the date of the enactment of this Act (Oct. 27, 1986) shall
apply to cases filed under chapter 12 of title 11, United States Code,
to the extent practicable and not inconsistent with the amendments made
by title II of this Act (see Tables for classification).
''SEC. 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES.
''For service as a United States trustee in the period beginning on
the effective date of this Act and ending on the expiration under
section 301 of this Act of their respective terms of office, the salary
payable to United States trustees serving in such offices on the
effective date of this Act shall be fixed in accordance with section 587
of title 28, United States Code, as amended by section 114(a) of this
Act.
''SEC. 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING
PENDENCY OF LEGISLATION; REPEALER.
''(a) Temporary Delay of Repeal of United States Trustee System. --
Effective immediately before November 10, 1986, section 408(c) of the
Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is amended
by striking out 'November 10, 1986' and inserting in lieu thereof '30
days after the effective date of the Bankruptcy Judges, United States
Trustees, and Family Farmer Bankruptcy Act of 1986 (Pub. L. 99-554)'.
''(b) Conforming Amendment. -- Section 408 of the Act of November 6,
1978 (Public Law 95-598; 92 Stat. 2687), is repealed.
''SEC. 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR APPOINTMENT
BY UNITED STATES TRUSTEES.
''(a) Trustees in Bankruptcy Cases Under Chapter 7. -- It is the
sense of the Congress that individuals who are serving before the
effective date of this Act, as trustees in cases under chapter 7 of
title 11, United States Code, should be considered by United States
trustees for appointment under section 586(a)(1) of title 28, United
States Code, to the panels of private trustees that are established as a
result of the amendments made by this Act (see Short Title of 1986
Amendment note below).
''(b) Standing Trustees in Bankruptcy Cases Under Chapter 13. -- It
is the sense of the Congress that individuals who are serving before the
effective date of this Act, as standing trustees in cases under chapter
13 of title 11, United States Code, should be considered by the United
States trustees for appointment under section 586(b) of title 28, United
States Code, as standing trustees who are appointed as a result of the
amendments made by this Act (see Short Title of 1986 Amendment note
below).
''SEC. 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY
GENERAL.
''It is the sense of the Congress that individuals otherwise
qualified who are serving, before the effective date of this Act, as
estate administrators under title 11 of the United States Code should be
considered by the Attorney General for appointment under sections 581
and 582 of title 28, United States Code, to new positions of United
States trustee and assistant United States trustee resulting from the
amendments made by this Act (see Short Title of 1986 Amendment note
below).
''SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.
''(a) Establishment of Project. -- Not later than 1 year after the
effective date of this Act, the Director of the Executive Office for
United States Trustees, in consultation with the Director of the
Administrative Office of the United States Courts, shall establish an
electronic case management demonstration project to be carried out in 3
Federal judicial districts that have a sufficiently large and varied
bankruptcy caseload so as to provide a meaningful evaluation of the cost
and effectiveness of such system. A contract for such project shall be
awarded --
''(1) on the basis of competitive bids submitted by qualified
nongovernmental entities that are able to design an automated joint
information system for use by the United States courts and by United
States trustees, and
''(2) in accordance with the Federal Property and Administrative
Services Act of 1949 (see Short Title note under 40 U.S.C. 471), the
Office of Federal Procurement Policy Act (see Short Title note under 41
U.S.C. 401), and title 31 of the United States Code.
''(b) Study by General Accounting Office. -- Not later than 1 year
after the electronic case management system begins to operate in all of
the judicial districts participating in the demonstration project
carried out under subsection (a), the General Accounting Office shall
conduct a study to compare the cost and effectiveness of such system
with the cost and effectiveness of case management systems used in
Federal judicial districts that are not participating in such project.
''(c) Term of Project. -- The demonstration project required by
subsection (a) shall be carried out until --
''(1) the expiration of the 2-year period beginning on the date the
electronic case management system begins to operate in all of the
judicial districts participating in such project, or
''(2) legislation is enacted to extend, expand, modify, or terminate
the operation of such project,
whichever occurs first.
''(d) Use by Clerks of the Courts. -- The electronic case management
system demonstrated under the project required by subsection (a) shall
provide the clerk of court in each district in which such system is
operated, with a means of --
''(1) maintaining a complete electronic case file of all relevant
information contained in petitions and schedules (and any amendments
thereto) relating to debtors in cases under title 11 of the United
States Code, including --
''(A) a complete list of creditors in each such case, as listed by
the debtor,
''(B) a complete list of assets scheduled by the debtor, the value of
such asset, and any action taken by the trustee or debtor in possession
with regard to such asset during the pendency of such case,
''(C) a complete list of debts and, with respect to each debt --
''(i) any priority of such debt under title 11 of the United States
Code,
''(ii) whether such debt is secured or unsecured, and
''(iii) whether such debt is contingent or noncontingent, and
''(D) the debtor's statements of current expenses and income, and
''(2) maintaining all calendars and dockets and producing all notices
required to be sent in cases under title 11 of the United States Code.
''(e) Use by United States Trustees. -- The electronic case
management system demonstrated under the project required by subsection
(a) shall provide, at a minimum, the United States trustee in each
district in which such system is operated with --
''(1) complete electronic case files which contain, in addition to
the information listed in subsection (d), records of case openings, case
closings, hearings, and the filing of all motions, trustee appointments,
pleadings, and responses, as well as a record of the responses by the
United States trustee to those motions, trustee appointments, and
pleadings,
''(2) a means to generate standardized forms for motions,
appointments, pleadings, and responses,
''(3) a means to generate standard management reports and letters on
an exception basis,
''(4) a means to maintain accounting records, reports, and
information required to be maintained by debtors in possession and
trustees in cases under title 11 of the United States Code,
''(5) a means to calculate and record distribution to creditors,
final applications and orders for distribution, and final case closing
reports, and
''(6) a means to monitor the payment of filing and other required
fees.
''(f) Availability to Certain Governmental Entities. -- Unlimited
access to information maintained in the electronic case management
system demonstrated under the project required by subsection (a) shall
be provided at no charge to the following:
''(1) The Congress.
''(2) The Executive Office for the United States Trustees.
''(3) The Administrative Office of the United States Courts.
''(4) The clerks of the courts in judicial districts in which such
system is operated and persons who review case information, in
accordance with section 107(a) of title 11, United States Code, in the
offices of the clerks.
''(5) The judges on the bankruptcy and district courts in districts
in which such system is operated.
''(6) Trustees in cases pending in districts in which such system is
operated.
''(g) Fees for Other Users. -- (1) The entity which is awarded a
contract to provide the electronic case management system demonstrated
under this project may, under guidelines established by the Director of
the Executive Office for the United States Trustees in the provisions of
such contract, collect reasonable fees from assets of the estate of the
debtor in bankruptcy for providing notices and services to the court and
trustees under the demonstration project.
''(2) Access to information maintained in electronic case files
pursuant to the demonstration project may be provided to persons other
than those specified in subsection (f), but such access shall be limited
to viewing such information only. A reasonable charge for such access
may be collected by the entity which is awarded a contract under this
section, in accordance with the guidelines established by the Director
of the Executive Office for the United States Trustees in such contract.
A reasonable portion of any charge so collected may be required by the
Director to be remitted to the Executive Office for United States
Trustees and deposited in the United States Trustee System Fund
established in section 589a of title 28, United States Code.
''(h) Security. -- Access provided under subsection (f) to an entity
or an individual shall be subject to such security limitations as may be
imposed by the Congress or the head of the affected entity.
''SEC. 311. CASES PENDING UNDER THE BANKRUPTCY ACT.
''At the end of one calendar year following the date the amendments
made by subtitle A of title II of this Act ( 201 to 231 of Pub. L.
99-554, see Tables for classification) take effect in a district in
which any case is still pending under the Bankruptcy Act (see 11 U.S.C.
notes prec. 101), the district court shall withdraw the reference of any
such case and, after notice and a hearing, determine the status of the
case. Such case shall be remanded to the bankruptcy judge with such
instructions as are necessary for the prompt closing of the case and
with a requirement that a progress report on the case be provided by the
bankruptcy judge after such interval as the district court deems
appropriate.''
Chapter effective Oct. 1, 1979, see section 402(c) of Pub. L.
95-598, set out as a note preceding section 101 of Title 11, Bankruptcy.
Section 1 of Pub. L. 99-554 provided: ''That this Act (enacting
section 589a of this title and section 307 and chapter 12 of Title 11,
Bankruptcy, amending this section, sections 49, 96, 152, 156, 157, 526,
582, 584 to 587, 604, 1334, and 1930 of this title, sections 101 to 103,
105, 108, 109, 303, 321, 322, 324, 326, 327, 329, 330, 341, 343, 345 to
348, 362 to 365, 502, 503, 521 to 524, 546 to 549, 554, 557, 701, 703 to
707, 724, 726 to 728, 743, 1102, 1104 to 1106, 1112, 1121, 1129, 1163,
1202, 1302, 1306, 1307, and 1324 to 1326 of Title 11, Bankruptcy Form
No. 1, set out in the Appendix to Title 11, repealing chapters 11 and 12
of Title 11, enacting provisions set out as notes under this section and
section 589 of this title, amending provisions set out as notes
preceding this section and under section 152 of this title, and
repealing provisions set out as a note preceding this section) may be
cited as the ''Bankruptcy Judges, United States Trustees, and Family
Farmer Bankruptcy Act of 1986'.''
28 USC 582. Assistant United States trustees
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General may appoint one or more assistant United
States trustees in any region when the public interest so requires.
(b) Each assistant United States trustee is subject to removal by the
Attorney General.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2663; amended Pub. L. 99-554, title I, 111(d), Oct. 27, 1986, 100
Stat. 3091.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
1986 -- Subsec. (a). Pub. L. 99-554, 111(d)(1), substituted
''region'' for ''district''.
Subsec. (b). Pub. L. 99-554, 111(d)(2), struck out ''for cause''
after ''removal''.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
For sense of Congress concerning consideration of estate
administrators under title 11 by the Attorney General for appointment
under this section as U.S. trustee and assistant U.S. trustee, see
section 309 of Pub. L. 99-554, set out as a note under section 581 of
this title.
28 USC 583. Oath of office
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each United States trustee and assistant United States trustee,
before taking office, shall take an oath to execute faithfully his
duties.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2663.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
28 USC 584. Official stations
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Attorney General may determine the official stations of the
United States trustees and assistant United States trustees within the
regions for which they were appointed.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2663; amended Pub. L. 99-554, title I, 144(d), Oct. 27, 1986, 100
Stat. 3096.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
1986 -- Pub. L. 99-554 substituted ''regions'' for ''districts''.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
28 USC 585. Vacancies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Attorney General may appoint an acting United States trustee
for a region in which the office of the United States trustee is vacant.
The individual so appointed may serve until the date on which the
vacancy is filled by appointment under section 581 of this title or by
designation under subsection (b) of this section.
(b) The Attorney General may designate a United States trustee to
serve in not more than two regions for such time as the public interest
requires.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2663; amended Pub. L. 99-554, title I, 112, Oct. 27, 1986, 100 Stat.
3091.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
1986 -- Pub. L. 99-554 amended section generally. Prior to
amendment, section read as follows: ''The Attorney General may appoint
an acting United States trustee for a district in which the office of
United States trustee is vacant, or may designate a United States
trustee for another judicial district to serve as trustee for the
district in which such vacancy exists. The individual so appointed or
designated may serve until the earlier of 90 days after such appointment
or designation, as the case may be, or the date on which the vacancy is
filled by appointment under section 581 of this title.''
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
28 USC 586. Duties; supervision by Attorney General
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each United States trustee, within the region for which such
United States trustee is appointed, shall --
(1) establish, maintain, and supervise a panel of private trustees
that are eligible and available to serve as trustees in cases under
chapter 7 of title 11;
(2) serve as and perform the duties of a trustee in a case under
title 11 when required under title 11 to serve as trustee in such a
case;
(3) supervise the administration of cases and trustees in cases under
chapter 7, 11, or 13 of title 11 by, whenever the United States trustee
considers it to be appropriate --
(A) monitoring applications for compensation and reimbursement filed
under section 330 of title 11 and, whenever the United States trustee
deems it to be appropriate, filing with the court comments with respect
to any of such applications;
(B) monitoring plans and disclosure statements filed in cases under
chapter 11 of title 11 and filing with the court, in connection with
hearings under sections 1125 and 1128 of such title, comments with
respect to such plans and disclosure statements;
(C) monitoring plans filed under chapters 12 and 13 of title 11 and
filing with the court, in connection with hearings under sections 1224,
1229, 1324, and 1329 of such title, comments with respect to such plans;
(D) taking such action as the United States trustee deems to be
appropriate to ensure that all reports, schedules, and fees required to
be filed under title 11 and this title by the debtor are properly and
timely filed;
(E) monitoring creditors' committees appointed under title 11;
(F) notifying the appropriate United States attorney of matters which
relate to the occurrence of any action which may constitute a crime
under the laws of the United States and, on the request of the United
States attorney, assisting the United States attorney in carrying out
prosecutions based on such action;
(G) monitoring the progress of cases under title 11 and taking such
actions as the United States trustee deems to be appropriate to prevent
undue delay in such progress; and
(H) monitoring applications filed under section 327 of title 11 and,
whenever the United States trustee deems it to be appropriate, filing
with the court comments with respect to the approval of such
applications;
(4) deposit or invest under section 345 of title 11 money received as
trustee in cases under title 11;
(5) perform the duties prescribed for the United States trustee under
title 11 and this title, and such duties consistent with title 11 and
this title as the Attorney General may prescribe; and
(6) make such reports as the Attorney General directs.
(b) If the number of cases under chapter 12 or 13 of title 11
commenced in a particular region so warrants, the United States trustee
for such region may, subject to the approval of the Attorney General,
appoint one or more individuals to serve as standing trustee, or
designate one or more assistant United States trustees to serve in cases
under such chapter. The United States trustee for such region shall
supervise any such individual appointed as standing trustee in the
performance of the duties of standing trustee.
(c) Each United States trustee shall be under the general supervision
of the Attorney General, who shall provide general coordination and
assistance to the United States trustees.
(d) The Attorney General shall prescribe by rule qualifications for
membership on the panels established by United States trustees under
paragraph (a)(1) of this section, and qualifications for appointment
under subsection (b) of this section to serve as standing trustee in
cases under chapter 12 or 13 of title 11. The Attorney General may not
require that an individual be an attorney in order to qualify for
appointment under subsection (b) of this section to serve as standing
trustee in cases under chapter 12 or 13 of title 11.
(e)(1) The Attorney General, after consultation with a United States
trustee that has appointed an individual under subsection (b) of this
section to serve as standing trustee in cases under chapter 12 or 13 of
title 11, shall fix --
(A) a maximum annual compensation for such individual consisting of
--
(i) an amount not to exceed the highest annual rate of basic pay in
effect for level V of the Executive Schedule; and
(ii) the cash value of employment benefits comparable to the
employment benefits provided by the United States to individuals who are
employed by the United States at the same rate of basic pay to perform
similar services during the same period of time; and
(B) a percentage fee not to exceed --
(i) in the case of a debtor who is not a family farmer, ten percent;
or
(ii) in the case of a debtor who is a family farmer, the sum of --
(I) not to exceed ten percent of the payments made under the plan of
such debtor, with respect to payments in an aggregate amount not to
exceed $450,000; and
(II) three percent of payments made under the plan of such debtor,
with respect to payments made after the aggregate amount of payments
made under the plan exceeds $450,000;
based on such maximum annual compensation and the actual, necessary
expenses incurred by such individual as standing trustee.
(2) Such individual shall collect such percentage fee from all
payments received by such individual under plans in the cases under
chapter 12 or 13 of title 11 for which such individual serves as
standing trustee. Such individual shall pay to the United States
trustee, and the United States trustee shall deposit in the United
States Trustee System Fund --
(A) any amount by which the actual compensation of such individual
exceeds 5 per centum upon all payments received under plans in cases
under chapter 12 or 13 of title 11 for which such individual serves as
standing trustee; and
(B) any amount by which the percentage for all such cases exceeds --
(i) such individual's actual compensation for such cases, as adjusted
under subparagraph (A) of paragraph (1); plus
(ii) the actual, necessary expenses incurred by such individual as
standing trustee in such cases. Subject to the approval of the Attorney
General, any or all of the interest earned from the deposit of payments
under plans by such individual may be utilized to pay actual, necessary
expenses without regard to the percentage limitation contained in
subparagraph (d)(1)(B) of this section.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2663; amended Pub. L. 99-554, title I, 113, Oct. 27, 1986, 100 Stat.
3091; Pub. L. 101-509, title V, 529 (title I, 110(a)), Nov. 5, 1990,
104 Stat. 1427, 1452.)
Level V of the Executive Schedule, referred to in subsec.
(e)(1)(A)(i), is set out in section 5316 of Title 5, Government
Organization and Employees.
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
1990 -- Subsec. (e)(1)(A). Pub. L. 101-509 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ''a
maximum annual compensation for such individual, not to exceed the
annual rate of basic pay in effect for step 1 of grade GS-16 of the
General Schedule prescribed under section 5332 of title 5; and''.
1986 -- Subsec. (a). Pub. L. 99-554, 113(a)(1), substituted ''the
region for which such United States trustee is appointed'' for ''his
district'' in introductory text.
Subsec. (a)(3). Pub. L. 99-554, 113(a)(2), substituted ''title 11
by, whenever the United States trustee considers it to be appropriate --
'' for ''title 11;'' and added subpars. (A) to (H).
Subsec. (a)(5). Pub. L. 99-554, 113(a)(3), inserted ''and this
title, and such duties consistent with title 11 and this title as the
Attorney General may prescribe'' after ''title 11''.
Subsec. (b). Pub. L. 99-554, 113(b), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''If the number of
cases under chapter 13 of title 11 commenced in a particular judicial
district so warrant, the United States trustee for such district may,
subject to the approval of the Attorney General, appoint one or more
individuals to serve as standing trustee, or designate one or more
assistant United States trustee, in cases under such chapter. The
United States trustee for such district shall supervise any such
individual appointed as standing trustee in the performance of the
duties of standing trustee.''
Subsec. (d). Pub. L. 99-554, 113(c), amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''The Attorney
General shall prescribe by rule qualifications for membership on the
panels established by United States trustees under subsection (a)(1) of
this section, and qualifications for appointment under subsection (b) of
this section to serve as standing trustee in cases under chapter 13 of
title 11. The Attorney General may not require that an individual be an
attorney in order to qualify for appointment under subsection (b) of
this section to serve as standing trustee in cases under chapter 13 of
title 11.''
Subsec. (e). Pub. L. 99-554, 113(c), amended subsec. (e) generally.
Prior to amendment, subsec. (e) read as follows:
''(1) The Attorney General, after consultation with a United States
trustee that has appointed an individual under subsection (b) of this
section to serve as standing trustee in cases under chapter 13 of title
11, shall fix --
''(A) a maximum annual compensation for such individual, not to
exceed the lowest annual rate of basic pay in effect for grade GS-16 of
the General Schedule prescribed under section 5332 of title 5; and
''(B) a percentage fee, not to exceed ten percent, based on such
maximum annual compensation and the actual, necessary expenses incurred
by such individual as standing trustee.
''(2) Such individual shall collect such percentage fee from all
payments under plans in the cases under chapter 13 of title 11 for which
such individual serves as standing trustee. Such individual shall pay
to the United States trustee, and the United States trustee shall pay to
the Treasury --
''(A) any amount by which the actual compensation of such individual
exceeds five percent upon all payments under plans in cases under
chapter 13 of title 11 for which such individual serves as standing
trustee; and
''(B) any amount by which the percentage for all such cases exceeds
--
''(i) such individual actual compensation for such cases, as adjusted
under subparagraph (A) of this paragraph; plus
''(ii) the actual, necessary expenses incurred by such individual as
standing trustee in such cases.''
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 (title III, 305) of Pub. L.
101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
Effective date and applicability of amendment by Pub. L. 99-554
dependent upon the judicial district involved, see section 302(d), (e)
of Pub. L. 99-554, set out as a note under section 581 of this title.
Section 529 (title I, 110(b)) of Pub. L. 101-509 provided that:
''The amendment made by subsection (a) (amending this section) shall
apply to any trustee to whom the provisions of section 302(d)(3) of the
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (Public Law 99-54 (Pub. L. 99-554); 100 Stat. 3121) (set
out in an Effective Date of 1986 Amendment note under section 581 of
this title) apply.''
28 USC 587. Salaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Subject to sections 5315 through 5317 of title 5, the Attorney
General shall fix the annual salaries of United States trustees and
assistant United States trustees at rates of compensation not in excess
of the rate of basic compensation provided for Executive Level IV of the
Executive Schedule set forth in section 5315 of title 5, United States
Code.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2664; amended Pub. L. 99-554, title I, 114(a), Oct. 27, 1986, 100
Stat. 3093.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
1986 -- Pub. L. 99-554 amended section generally. Prior to
amendment, section read as follows: ''The Attorney General shall fix
the annual salaries of United States trustees and assistant United
States trustees at rates of compensation not to exceed the lowest annual
rate of basic pay in effect for grade GS-16 of the General Schedule
prescribed under section 5332 of title 5.''
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
28 USC 588. Expenses
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Necessary office expenses of the United States trustee shall be
allowed when authorized by the Attorney General.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2664.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
28 USC 589. Staff and other employees
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States trustee may employ staff and other employees on
approval of the Attorney General.
(Added Pub. L. 95-598, title II, 224(a), Nov. 6, 1978, 92 Stat.
2664.)
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section
581 of this title.
Pub. L. 99-554, title I, 114(b), Oct. 27, 1986, 100 Stat. 3093,
provided that: ''During the period beginning on the effective date of
this Act (see section 302 of Pub. L. 99-554, set out as an Effective
Date note under section 581 of this title) and ending on October 1,
1989, the provisions of title 5 of the United States Code governing
appointments in the competitive service shall not apply with respect to
appointments under section 589 of title 28, United States Code.''
28 USC 589a. United States Trustee System Fund
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) There is hereby established in the Treasury of the United States
a special fund to be known as the ''United States Trustee System Fund''
(hereinafter in this section referred to as the ''Fund''). Monies in
the Fund shall be available to the Attorney General without fiscal year
limitation in such amounts as may be specified in appropriations Acts
for the following purposes in connection with the operations of United
States trustees --
(1) salaries and related employee benefits;
(2) travel and transportation;
(3) rental of space;
(4) communication, utilities, and miscellaneous computer charges;
(5) security investigations and audits;
(6) supplies, books, and other materials for legal research;
(7) furniture and equipment;
(8) miscellaneous services, including those obtained by contract;
and
(9) printing.
(b) There shall be deposited in the Fund --
(1) one-fourth of the fees collected under section 1930(a)(1) of this
title;
(2) 50 per centum of the fees collected under section 1930(a)(3) of
this title;
(3) one-half of the fees collected under section 1930(a)(4) of this
title;
(4) one-half of the fees collected under section 1930(a)(5); /1/
(5) 60 per centum of the fees collected under section 1930(a)(6) of
this title;
(6) three-fourths of the fees collected under the last sentence of
section 1930(a) of this title; and
(7) the compensation of trustees received under section 330(d) of
title 11 by the clerks of the bankruptcy courts.
(c)(1) Except as provided in paragraph (2), amounts in the Fund which
are not currently needed for the purposes specified in subsection (a)
shall be kept on deposit or invested in obligations of, or guaranteed
by, the United States.
(2) On November 1, 1989, and on November 1 of each year thereafter,
the Secretary of the Treasury shall transfer into the general fund of
the Treasury the amount, if any, in the Fund that exceeds 110 percent of
--
(A) the amount appropriated for the entire current fiscal year for
the purposes specified in subsection (a), or
(B) if no appropriation has been made for the entire current fiscal
year, the annual equivalent of the aggregate amount appropriated to date
for the current fiscal year for the purposes specified in subsection
(a).
(d)(1) The Attorney General shall transmit to the Congress, not later
than 120 days after the end of each fiscal year, a detailed report on
the amounts deposited in the Fund and a description of the expenditures
made under this section.
(2) If for each fiscal year in any period of 2 successive fiscal
years --
(A) the aggregate amount deposited under subsection (b) in the Fund
exceeds 110 percent of expenditures for the purposes specified in
subsection (a), or
(B) the costs incurred for the purposes specified in subsection (a)
exceed the aggregate amount deposited under subsection (b) in the Fund,
then the Attorney General shall include in such report a
recommendation regarding the manner in which the fees payable under
section 1930(a) of title 28, United States Code, may be modified to
cause the annual amount deposited in the Fund to more closely
approximate the annual amount expended from the Fund.
(e) There are authorized to be appropriated to the Fund for any
fiscal year such sums as may be necessary to supplement amounts
deposited under subsection (b) for the purposes specified in subsection
(a).
(f) For the purpose of recovering the cost of services of the United
States Trustee System, there shall be deposited as offsetting
collections to the appropriation ''United States Trustee System Fund'',
to remain available until expended, the following --
(1) 16.7 per centum of the fees collected under section 1930(a)(3) of
this title;
(2) 40 per centum of the fees collected under section 1930(a)(6) of
this title.
(Added Pub. L. 99-554, title I, 115(a), Oct. 27, 1986, 100 Stat.
3094; amended Pub. L. 101-162, title IV, 406(c), Nov. 21, 1989, 103
Stat. 1016; Pub. L. 102-140, title I, 111(b), (c), Oct. 28, 1991, 105
Stat. 795.)
1991 -- Subsec. (b)(2). Pub. L. 102-140, 111(b)(1), substituted
''50 per centum'' for ''three-fifths''.
Subsec. (b)(5). Pub. L. 102-140, 111(b)(2), substituted ''60 per
centum'' for ''all''.
Subsec. (f). Pub. L. 102-140, 111(c), added subsec. (f).
1989 -- Subsec. (b)(1). Pub. L. 101-162 substituted ''one-fourth''
for ''one-third''.
Section 111 of Pub. L. 102-140 provided that the amendment made by
that section is effective 60 days after Oct. 28, 1991.
Section effective 30 days after Oct. 27, 1986, see section 302(a) of
Pub. L. 99-554, set out as a note under section 581 of this title.
/1/ So in original. Words ''of this title'' probably should precede
the semicolon.
28 USC CHAPTER 40 -- INDEPENDENT COUNSEL
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
591. Applicability of provisions of this chapter.
592. Preliminary investigation and application for appointment of an
independent counsel.
593. Duties of the division of the court.
594. Authority and duties of an independent counsel.
595. Congressional oversight.
596. Removal of an independent counsel; termination of office.
597. Relationship with Department of Justice.
598. Severability.
599. Termination of effect of chapter.
1987 -- Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1293,
amended chapter 40 heading and analysis generally, substituting items
591 to 599 for former items 591 to 598.
1986 -- Pub. L. 99-554, title I, 144(g)(1), Oct. 27, 1986, 100
Stat. 3097, substituted ''40'' for ''39'' as chapter designation.
1983 -- Pub. L. 97-409, 2(a)(1)(A), Jan. 3, 1983, 96 Stat. 2039,
substituted ''independent counsel'' for ''special prosecutor'' in
chapter heading and in items 592, 594, and 596.
28 USC 591. Applicability of provisions of this chapter
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Preliminary Investigation With Respect to Certain Covered
Persons. -- The Attorney General shall conduct a preliminary
investigation in accordance with section 592 whenever the Attorney
General receives information sufficient to constitute grounds to
investigate whether any person described in subsection (b) may have
violated any Federal criminal law other than a violation classified as a
Class B or C misdemeanor or an infraction.
(b) Persons to Whom Subsection (a) Applies. -- The persons referred
to in subsection (a) are --
(1) the President and Vice President;
(2) any individual serving in a position listed in section 5312 of
title 5;
(3) any individual working in the Executive Office of the President
who is compensated at a rate of pay at or above level II of the
Executive Schedule under section 5313 of title 5;
(4) any Assistant Attorney General and any individual working in the
Department of Justice who is compensated at a rate of pay at or above
level III of the Executive Schedule under section 5314 of title 5;
(5) the Director of Central Intelligence, the Deputy Director of
Central Intelligence, and the Commissioner of Internal Revenue;
(6) any individual who leaves any office or position described in any
of paragraphs (1) through (5) of this subsection, during the incumbency
of the President under whom such individual served in the office or
position plus one year after such incumbency, but in no event longer
than a period of three years after the individual leaves the office or
position;
(7) any individual who held an office or position described in any of
paragraphs (1) through (5) of this subsection during the incumbency of
one President and who continued to hold the office or position for not
more than 90 days into the term of the next President, during the 1-year
period after the individual leaves the office or position; and
(8) the chairman and treasurer of the principal national campaign
committee seeking the election or reelection of the President, and any
officer of that committee exercising authority at the national level,
during the incumbency of the President.
(c) Preliminary Investigation With Respect to Persons Not Listed in
Subsection (b). -- The Attorney General may conduct a preliminary
investigation in accordance with section 592 if --
(1) the Attorney General receives information sufficient to
constitute grounds to investigate whether any person other than a person
described in subsection (b) may have violated any Federal criminal law
other than a violation classified as a Class B or C misdemeanor or an
infraction; and
(2) the Attorney General determines that an investigation or
prosecution of the person, with respect to the information received, by
the Attorney General or other officer of the Department of Justice may
result in a personal, financial, or political conflict of interest.
(d) Examination of Information to Determine Need for Preliminary
Investigation. --
(1) Factors to be considered. -- In determining under subsection (a)
or (c) (or section 592(c)(2)) whether grounds to investigate exist, the
Attorney General shall consider only --
(A) the specificity of the information received; and
(B) the credibility of the source of the information.
(2) Time period for making determination. -- The Attorney General
shall determine whether grounds to investigate exist not later than 15
days after the information is first received. If within that 15-day
period the Attorney General determines that the information is not
specific or is not from a credible source, then the Attorney General
shall close the matter. If within that 15-day period the Attorney
General determines that the information is specific and from a credible
source, the Attorney General shall, upon making that determination,
commence a preliminary investigation with respect to that information.
If the Attorney General is unable to determine, within that 15-day
period, whether the information is specific and from a credible source,
the Attorney General shall, at the end of that 15-day period, commence a
preliminary investigation with respect to that information.
(e) Recusal of Attorney General. --
(1) When recusal is required. -- If information received under this
chapter involves the Attorney General or a person with whom the Attorney
General has a current or recent personal or financial relationship, the
Attorney General shall recuse himself or herself by designating the next
most senior officer in the Department of Justice whom that information
does not involve and who does not have a current or recent personal or
financial relationship with such person to perform the duties assigned
under this chapter to the Attorney General with respect to that
information.
(2) Requirements for recusal determination. -- The Attorney General
shall, before personally making any other determination under this
chapter with respect to information received under this chapter,
determine under paragraph (1) whether to recuse himself or herself with
respect to that information. A determination to recuse shall be in
writing, shall identify the facts considered by the Attorney General,
and shall set forth the reasons for the recusal. The Attorney General
shall file this determination with any notification or application
submitted to the division of the court under this chapter with respect
to the information involved.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1867; amended Pub. L. 97-409, 3, 4(a), Jan. 3, 1983, 96 Stat. 2039,
2040; Pub. L. 98-473, title II, 228(b), Oct. 12, 1984, 98 Stat. 2030;
Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1293.)
1987 -- Pub. L. 100-191 amended section generally, substituting
subsecs. (a) to (e) relating to applicability of chapter for former
subsecs. (a) to (c) relating to similar subject.
1984 -- Subsec. (a). Pub. L. 98-473 substituted ''Class B or C
misdemeanor or an infraction'' for ''petty offense''.
1983 -- Subsec. (a). Pub. L. 97-409, 4(a)(1), substituted
''information sufficient to constitute grounds to investigate'' for
''specific information'' after ''the Attorney General receives''.
Subsec. (b)(3). Pub. L. 97-409, 3, substituted ''who is compensated
at or above a rate equivalent to level II'' for ''and compensated at a
rate not less than the annual rate of basic pay provided for level IV''.
Subsec. (b)(4), (5). Pub. L. 97-409, 3, redesignated as par. (5)
''the Director of Central Intelligence'' and all that followed through
end of par. (4). Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 97-409, 3, redesignated former par. (5) as
(6) and substituted ''through (5) of this subsection during the period
consisting of the incumbency of the President such individual serves
plus one year after such incumbency, but in no event longer than two
years after the individual leaves office;'' for ''through (4) of this
subsection during the incumbency of the President or during the period
the last preceding President held office, if such preceding President
was of the same political party as the incumbent President; and''.
Former par. (6) redesignated (8).
Subsec. (b)(7). Pub. L. 97-409, 3, added par. (7).
Subsec. (b)(8). Pub. L. 97-409, 3, redesignated former par. (6) as
(8) and substituted ''the chairman and treasurer of the principal
national campaign committee seeking the election or reelection of the
President, and any officer of the campaign exercising authority at the
national level, such as the campaign manager or director, during the
incumbency of the President'' for ''any officer of the principal
national campaign committee seeking the election or reelection of the
President''.
Subsec. (c). Pub. L. 97-409, 4(a)(2), added subsec. (c).
Section 6 of Pub. L. 100-191 provided that:
''(a) In General. -- Subject to subsection (b), the amendments made
by this Act (enacting section 599 of this title, amending this section,
sections 49 and 592 to 598 of this title, sections 203 and 205 of Pub.
L. 95-521 set out in the Appendix to Title 5, Government Organization
and Employees, and section 202 of Title 18, Crimes and Criminal
Procedure, enacting provisions set out as a note under section 1 of this
title, and amending provisions set out below) take effect on the date of
the enactment of this Act (Dec. 15, 1987).
''(b) Pending Proceedings. -- With respect to any proceeding under
chapter 39 of title 28, United States Code (before the redesignation of
such chapter as chapter 40 by section 144(g) of Public Law 99-554), or
under chapter 40 of such title (after such redesignation), which is
pending on the date of the enactment of this Act (Dec. 15, 1987), the
following shall apply:
''(1) Except as provided in paragraphs (2) and (3), the provisions of
chapter 40 of such title as in effect on the day before such date of
enactment shall, in lieu of the amendments made by this Act, continue to
apply on or after such date to such proceeding until such proceeding is
terminated in accordance with such chapter.
''(2) The following provisions shall apply to such proceeding on or
after such date of enactment:
''(A) Section 593(f) of title 28, United States Code, as amended by
section 2 of this Act, relating to the award of attorneys' fees.
''(B) Section 594(d)(2) of such title, as added by section 2 of this
Act, to the extent that such section 594(d)(2) relates to reports by the
Attorney General on expenditures by independent counsel, except that the
first such report shall be made only with respect to expenditures on or
after the date of the enactment of this Act.
''(C) Section 594(h)(1)(A) of such title, as added by section 2 of
this Act, relating to reports by independent counsel, except that the
6-month periods described in such section 594(h)(1)(A) shall be
calculated from the date of the enactment of this Act.
''(D) Section 594(i) of such title, as added by section 2 of this
Act, relating to the independence of the office of independent counsel
for certain purposes.
''(E) Section 594(k) of such title, as added by section 2 of this
Act, relating to custody of records of independent counsel.
''(F) Section 596(a)(3) of such title, as amended by section 2 of
this Act, relating to judicial review of the removal of an independent
counsel from office.
''(G) Section 596(c) of such title, as added by section 2 of this
Act, relating to audits of expenditures of independent counsel.
''(H) The amendments made by section 3 of this Act (amending sections
203 and 205 of Pub. L. 95-521, set out in Appendix to Title 5, and
section 202 of Title 18), relating to the status of independent counsel
and their appointees as special government employees and to their
financial disclosure requirements.
''(3) Section 594(j) of title 28, United States Code, as added by
section 2 of this Act, relating to certain standards of conduct shall,
90 days after the date of the enactment of this Act, apply to a pending
proceeding described in this subsection.''
Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the
amendment made by Pub. L. 98-473 is effective Oct. 12, 1984.
Section 604 of Pub. L. 95-521 provided that: ''Except as provided
in this section, the amendments made by this title (enacting this
chapter and sections 49, 528, and 529 of this title) shall take effect
on the date of the enactment of this Act (Oct. 26, 1978). The
provisions of chapter 39 of title 28 of the United States Code, as added
by section 601 of this Act, shall not apply to specific information
received by the Attorney General pursuant to section 591 of such title
28, if the Attorney General determines that --
''(1) such specific information is directly related to a prosecution
pending at the time such specific information is received by the
Attorney General;
''(2) such specific information is related to a matter which has been
presented to a grand jury and is received by the Attorney General within
one hundred and eighty days of the date of the enactment of this Act;
or
''(3) such specific information is related to an investigation that
is pending at the time such specific information is received by the
Attorney General, and such specific information is received by the
Attorney General within ninety days of the date of the enactment of this
Act.''
Pub. L. 100-202, 101(a) (title II), Dec. 22, 1987, 101 Stat. 1329,
1329-9, provided: ''That a permanent indefinite appropriation is
established within the Department of Justice to pay all necessary
expenses of investigations and prosecutions by independent counsel
appointed pursuant to the provisions of 28 U.S.C. 591 et seq. or other
law: Provided further, That the Comptroller General shall perform
semiannual financial reviews of expenditures from the Independent
Counsel permanent indefinite appropriation, and report their findings to
the Committees on Appropriations of the House and Senate''.
Section 601(c) of Pub. L. 95-521, as amended by Pub. L. 97-409,
2(c)(2), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 100-191, 5(b), Dec.
15, 1987, 101 Stat. 1307, provided that: ''There are authorized to be
appropriated for each fiscal year such sums as may be necessary, to be
held by the Department of Justice as a contingent fund for the use of
any independent counsels appointed under chapter 40 (relating to
independent counsels) of title 28 of the United States Code in the
carrying out of functions under such chapter.''
28 USC 592. Preliminary investigation and application for appointment
of an independent counsel
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Conduct of Preliminary Investigation. --
(1) In general. -- A preliminary investigation conducted under this
chapter shall be of such matters as the Attorney General considers
appropriate in order to make a determination, under subsection (b) or
(c), on whether further investigation is warranted, with respect to each
potential violation, or allegation of a violation, of criminal law. The
Attorney General shall make such determination not later than 90 days
after the preliminary investigation is commenced, except that, in the
case of a preliminary investigation commenced after a congressional
request under subsection (g), the Attorney General shall make such
determination not later than 90 days after the request is received. The
Attorney General shall promptly notify the division of the court
specified in section 593(a) of the commencement of such preliminary
investigation and the date of such commencement.
(2) Limited authority of attorney general. -- (A) In conducting
preliminary investigations under this chapter, the Attorney General
shall have no authority to convene grand juries, plea bargain, grant
immunity, or issue subpoenas.
(B)(i) The Attorney General shall not base a determination under this
chapter that information with respect to a violation of criminal law by
a person is not specific and from a credible source upon a determination
that such person lacked the state of mind required for the violation of
criminal law.
(ii) The Attorney General shall not base a determination under this
chapter that there are no reasonable grounds to believe that further
investigation is warranted, upon a determination that such person lacked
the state of mind required for the violation of criminal law involved,
unless there is clear and convincing evidence that the person lacked
such state of mind.
(3) Extension of time for preliminary investigation. -- The Attorney
General may apply to the division of the court for a single extension,
for a period of not more than 60 days, of the 90-day period referred to
in paragraph (1). The division of the court may, upon a showing of good
cause, grant such extension.
(b) Determination That Further Investigation Not Warranted. --
(1) Notification of division of the court. -- If the Attorney
General, upon completion of a preliminary investigation under this
chapter, determines that there are no reasonable grounds to believe that
further investigation is warranted, the Attorney General shall promptly
so notify the division of the court, and the division of the court shall
have no power to appoint an independent counsel with respect to the
matters involved.
(2) Form of notification. -- Such notification shall contain a
summary of the information received and a summary of the results of the
preliminary investigation.
(c) Determination That Further Investigation is Warranted. --
(1) Application for appointment of independent counsel. -- The
Attorney General shall apply to the division of the court for the
appointment of an independent counsel if --
(A) the Attorney General, upon completion of a preliminary
investigation under this chapter, determines that there are reasonable
grounds to believe that further investigation is warranted; or
(B) the 90-day period referred to in subsection (a)(1), and any
extension granted under subsection (a)(3), have elapsed and the Attorney
General has not filed a notification with the division of the court
under subsection (b)(1).
In determining under this chapter whether reasonable grounds exist to
warrant further investigation, the Attorney General shall comply with
the written or other established policies of the Department of Justice
with respect to the conduct of criminal investigations.
(2) Receipt of additional information. -- If, after submitting a
notification under subsection (b)(1), the Attorney General receives
additional information sufficient to constitute grounds to investigate
the matters to which such notification related, the Attorney General
shall --
(A) conduct such additional preliminary investigation as the Attorney
General considers appropriate for a period of not more than 90 days
after the date on which such additional information is received; and
(B) otherwise comply with the provisions of this section with respect
to such additional preliminary investigation to the same extent as any
other preliminary investigation under this section.
(d) Contents of Application. -- Any application for the appointment
of an independent counsel under this chapter shall contain sufficient
information to assist the division of the court in selecting an
independent counsel and in defining that independent counsel's
prosecutorial jurisdiction so that the independent counsel has adequate
authority to fully investigate and prosecute the subject matter and all
matters related to that subject matter.
(e) Disclosure of Information. -- Except as otherwise provided in
this chapter, no officer or employee of the Department of Justice or an
office of independent counsel may, without leave of the division of the
court, disclose to any individual outside the Department of Justice or
such office any notification, application, or any other document,
materials, or memorandum supplied to the division of the court under
this chapter. Nothing in this chapter shall be construed as authorizing
the withholding of information from the Congress.
(f) Limitation on Judicial Review. -- The Attorney General's
determination under this chapter to apply to the division of the court
for the appointment of an independent counsel shall not be reviewable in
any court.
(g) Congressional Request. --
(1) By judiciary committee or members thereof. -- The Committee on
the Judiciary of either House of the Congress, or a majority of majority
party members or a majority of all nonmajority party members of either
such committee, may request in writing that the Attorney General apply
for the appointment of an independent counsel.
(2) Report by attorney general pursuant to request. -- Not later than
30 days after the receipt of a request under paragraph (1), the Attorney
General shall submit, to the committee making the request, or to the
committee on which the persons making the request serve, a report on
whether the Attorney General has begun or will begin a preliminary
investigation under this chapter of the matters with respect to which
the request is made, in accordance with subsection (a) or (c) of section
591, as the case may be. The report shall set forth the reasons for the
Attorney General's decision regarding such preliminary investigation as
it relates to each of the matters with respect to which the
congressional request is made. If there is such a preliminary
investigation, the report shall include the date on which the
preliminary investigation began or will begin.
(3) Submission of information in response to congressional request.
-- At the same time as any notification, application, or any other
document, material, or memorandum is supplied to the division of the
court pursuant to this section with respect to a preliminary
investigation of any matter with respect to which a request is made
under paragraph (1), such notification, application, or other document,
material, or memorandum shall be supplied to the committee making the
request, or to the committee on which the persons making the request
serve. If no application for the appointment of an independent counsel
is made to the division of the court under this section pursuant to such
a preliminary investigation, the Attorney General shall submit a report
to that committee stating the reasons why such application was not made,
addressing each matter with respect to which the congressional request
was made.
(4) Disclosure of information. -- Any report, notification,
application, or other document, material, or memorandum supplied to a
committee under this subsection shall not be revealed to any third
party, except that the committee may, either on its own initiative or
upon the request of the Attorney General, make public such portion or
portions of such report, notification, application, document, material,
or memorandum as will not in the committee's judgment prejudice the
rights of any individual.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1868; amended Pub. L. 97-409, 2(a)(1), 4(b)-(e), Jan. 3, 1983, 96
Stat. 2039-2041; Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1295.)
1987 -- Pub. L. 100-191 amended section generally, substituting
provisions relating to preliminary investigation and application for
appointment of an independent counsel for provisions relating to
application for appointment of an independent counsel.
1983 -- Subsec. (a). Pub. L. 97-409, 4(b), designated existing
provisions as par. (1), substituted, ''Upon receiving information that
the Attorney General determines is sufficient to constitute grounds to
investigate that any person covered by the Act has engaged in conduct
described in subsection (a) or (c) of section 591 of this title, the
Attorney General'' for ''The Attorney General, upon receiving specific
information that any of the persons described in section 591(b) of this
title has engaged in conduct described in section 591(a) of this
title,'', inserted ''In determining whether grounds to investigate
exist, the Attorney General shall consider -- (A) the degree of
specificity of the information received, and (B) the credibility of the
source of the information.'', and added par. (2).
Subsec. (b)(1). Pub. L. 97-409, 2(a)(1)(A), 4(c), substituted
''that there are no reasonable grounds to believe that further
investigation or prosecution is warranted'' for ''that the matter is so
unsubstantiated that no further investigation or prosecution is
warranted'' and substituted ''independent counsel'' for ''special
prosecutor''.
Subsec. (c)(1). Pub. L. 97-409, 2(a)(1)(A), 4(d), substituted
''finds reasonable grounds to believe that further investigation or
prosecution is warranted'' for ''finds the matter warrants further
investigation or prosecution'' after ''preliminary investigation'',
''that there are no reasonable grounds to believe that further
investigation or prosecution is warranted'' for ''that the matter is so
unsubstantiated as not to warrant further investigation or
prosecution'', and ''independent counsel'' for ''special prosecutor'',
and inserted provision that in determining whether reasonable grounds
exist to warrant further investigation or prosecution, the Attorney
General shall comply with written or other established policies of the
Department of Justice with respect to the enforcement of criminal laws.
Subsec. (c)(2). Pub. L. 97-409, 2(a)(1)(A), substituted
''independent counsel'' for ''special prosecutor'' in provisions
following subpar. (B).
Subsec. (c)(2)(A). Pub. L. 97-409, 4(e)(1), substituted
''information sufficient to constitute grounds to investigate'' for
''specific information'' after ''receives additional''.
Subsec. (c)(2)(B). Pub. L. 97-409, 4(e)(2), substituted ''reasonable
grounds exist to warrant'' for ''such information warrants'' after
''appropriate, that''.
Subsecs. (d)(1), (e), (f). Pub. L. 97-409, 2(a)(1), substituted
''independent counsel'' for ''special prosecutor'' and ''independent
counsel's'' for ''special prosecutor's'' wherever appearing.
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, see section 6 of Pub. L. 100-191, set out
as a note under section 591 of this title.
28 USC 593. Duties of the division of the court
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Reference to Division of the Court. -- The division of the court
to which this chapter refers is the division established under section
49 of this title.
(b) Appointment and Jurisdiction of Independent Counsel. --
(1) Authority. -- Upon receipt of an application under section
592(c), the division of the court shall appoint an appropriate
independent counsel and shall define that independent counsel's
prosecutorial jurisdiction.
(2) Qualifications of independent counsel. -- The division of the
court shall appoint as independent counsel an individual who has
appropriate experience and who will conduct the investigation and any
prosecution in a prompt, responsible, and cost-effective manner. The
division of the court shall seek to appoint as independent counsel an
individual who will serve to the extent necessary to complete the
investigation and any prosecution without undue delay. The division of
the court may not appoint as an independent counsel any person who holds
any office of profit or trust under the United States.
(3) Scope of prosecutorial jurisdiction. -- In defining the
independent counsel's prosecutorial jurisdiction, the division of the
court shall assure that the independent counsel has adequate authority
to fully investigate and prosecute the subject matter with respect to
which the Attorney General has requested the appointment of the
independent counsel, and all matters related to that subject matter.
Such jurisdiction shall also include the authority to investigate and
prosecute Federal crimes, other than those classified as Class B or C
misdemeanors or infractions, that may arise out of the investigation or
prosecution of the matter with respect to which the Attorney General's
request was made, including perjury, obstruction of justice, destruction
of evidence, and intimidation of witnesses.
(4) Disclosure of identity and prosecutorial jurisdiction. -- An
independent counsel's identity and prosecutorial jurisdiction (including
any expansion under subsection (c)) may not be made public except upon
the request of the Attorney General or upon a determination of the
division of the court that disclosure of the identity and prosecutorial
jurisdiction of such independent counsel would be in the best interests
of justice. In any event, the identity and prosecutorial jurisdiction
of such independent counsel shall be made public when any indictment is
returned, or any criminal information is filed, pursuant to the
independent counsel's investigation.
(c) Expansion of Jurisdiction. --
(1) In general. -- The division of the court, upon the request of the
Attorney General, may expand the prosecutorial jurisdiction of an
independent counsel, and such expansion may be in lieu of the
appointment of another independent counsel.
(2) Procedure for request by independent counsel. -- (A) If the
independent counsel discovers or receives information about possible
violations of criminal law by persons as provided in section 591, which
are not covered by the prosecutorial jurisdiction of the independent
counsel, the independent counsel may submit such information to the
Attorney General. The Attorney General shall then conduct a preliminary
investigation of the information in accordance with the provisions of
section 592, except that such preliminary investigation shall not exceed
30 days from the date such information is received. In making the
determinations required by section 592, the Attorney General shall give
great weight to any recommendations of the independent counsel.
(B) If the Attorney General determines, after according great weight
to the recommendations of the independent counsel, that there are no
reasonable grounds to believe that further investigation is warranted,
the Attorney General shall promptly so notify the division of the court
and the division of the court shall have no power to expand the
jurisdiction of the independent counsel or to appoint another
independent counsel with respect to the matters involved.
(C) If --
(i) the Attorney General determines that there are reasonable grounds
to believe that further investigation is warranted; or
(ii) the 30-day period referred to in subparagraph (A) elapses
without a notification to the division of the court that no further
investigation is warranted,
the division of the court shall expand the jurisdiction of the
appropriate independent counsel to include the matters involved or shall
appoint another independent counsel to investigate such matters.
(d) Return for Further Explanation. -- Upon receipt of a notification
under section 592 or subsection (c)(2)(B) of this section from the
Attorney General that there are no reasonable grounds to believe that
further investigation is warranted with respect to information received
under this chapter, the division of the court shall have no authority to
overrule this determination but may return the matter to the Attorney
General for further explanation of the reasons for such determination.
(e) Vacancies. -- If a vacancy in office arises by reason of the
resignation, death, or removal of an independent counsel, the division
of the court shall appoint an independent counsel to complete the work
of the independent counsel whose resignation, death, or removal caused
the vacancy, except that in the case of a vacancy arising by reason of
the removal of an independent counsel, the division of the court may
appoint an acting independent counsel to serve until any judicial review
of such removal is completed.
(f) Attorneys' Fees. --
(1) Award of fees. -- Upon the request of an individual who is the
subject of an investigation conducted by an independent counsel pursuant
to this chapter, the division of the court may, if no indictment is
brought against such individual pursuant to that investigation, award
reimbursement for those reasonable attorneys' fees incurred by that
individual during that investigation which would not have been incurred
but for the requirements of this chapter. The division of the court
shall notify the Attorney General of any request for attorneys' fees
under this subsection.
(2) Evaluation of fees. -- The division of the court may direct the
Attorney General to file a written evaluation of any request for
attorneys' fees under this subsection, analyzing for each expense --
(A) the sufficiency of the documentation;
(B) the need or justification for the underlying item; and
(C) the reasonableness of the amount of money requested.
(g) Disclosure of Information. -- The division of the court may,
subject to section 594(h)(2), allow the disclosure of any notification,
application, or any other document, material, or memorandum supplied to
the division of the court under this chapter.
(h) Amicus Curiae Briefs. -- When presented with significant legal
issues, the division of the court may disclose sufficient information
about the issues to permit the filing of timely amicus curiae briefs.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1869; amended Pub. L. 97-409, 2(a)(1), 5, Jan. 3, 1983, 96 Stat.
2039, 2041; Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1297.)
1987 -- Pub. L. 100-191 amended section generally, substituting
subsecs. (a) to (h) for former subsecs. (a) to (g) which related to
similar subject matter.
1983 -- Subsec. (b). Pub. L. 97-409, 2(a)(1), substituted
''independent counsel'' for ''special prosecutor'' and ''independent
counsel's'' for ''special prosecutor's'' wherever appearing.
Subsecs. (c) to (e). Pub. L. 97-409, 2(a)(1)(A), substituted
''independent counsel'' for ''special prosecutor'' wherever appearing.
Subsecs. (f), (g). Pub. L. 97-409, 5, added subsecs. (f) and (g).
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, but with subsec. (f) applicable to
previously initiated proceedings pending on Dec. 15, 1987, see section
6 of Pub. L. 100-191, set out as a note under section 591 of this
title.
28 USC 594. Authority and duties of an independent counsel
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Authorities. -- Notwithstanding any other provision of law, an
independent counsel appointed under this chapter shall have, with
respect to all matters in such independent counsel's prosecutorial
jurisdiction established under this chapter, full power and independent
authority to exercise all investigative and prosecutorial functions and
powers of the Department of Justice, the Attorney General, and any other
officer or employee of the Department of Justice, except that the
Attorney General shall exercise direction or control as to those matters
that specifically require the Attorney General's personal action under
section 2516 of title 18. Such investigative and prosecutorial
functions and powers shall include --
(1) conducting proceedings before grand juries and other
investigations;
(2) participating in court proceedings and engaging in any
litigation, including civil and criminal matters, that such independent
counsel considers necessary;
(3) appealing any decision of a court in any case or proceeding in
which such independent counsel participates in an official capacity;
(4) reviewing all documentary evidence available from any source;
(5) determining whether to contest the assertion of any testimonial
privilege;
(6) receiving appropriate national security clearances and, if
necessary, contesting in court (including, where appropriate,
participating in in camera proceedings) any claim of privilege or
attempt to withhold evidence on grounds of national security;
(7) making applications to any Federal court for a grant of immunity
to any witness, consistent with applicable statutory requirements, or
for warrants, subpoenas, or other court orders, and, for purposes of
sections 6003, 6004, and 6005 of title 18, exercising the authority
vested in a United States attorney or the Attorney General;
(8) inspecting, obtaining, or using the original or a copy of any tax
return, in accordance with the applicable statutes and regulations, and,
for purposes of section 6103 of the Internal Revenue Code of 1986 and
the regulations issued thereunder, exercising the powers vested in a
United States attorney or the Attorney General;
(9) initiating and conducting prosecutions in any court of competent
jurisdiction, framing and signing indictments, filing informations, and
handling all aspects of any case, in the name of the United States; and
(10) consulting with the United States attorney for the district in
which any violation of law with respect to which the independent counsel
is appointed was alleged to have occurred.
(b) Compensation. -- An independent counsel appointed under this
chapter shall receive compensation at the per diem rate equal to the
annual rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5.
(c) Additional Personnel. -- For the purposes of carrying out the
duties of an office of independent counsel, such independent counsel may
appoint, fix the compensation, and assign the duties of such employees
as such independent counsel considers necessary (including
investigators, attorneys, and part-time consultants). The positions of
all such employees are exempted from the competitive service. No such
employee may be compensated at a rate exceeding the maximum rate of pay
payable for GS-18 of the General Schedule under section 5332 of title 5.
(d) Assistance of Department of Justice. --
(1) In carrying out functions. -- An independent counsel may request
assistance from the Department of Justice in carrying out the functions
of the independent counsel, and the Department of Justice shall provide
that assistance, which may include access to any records, files, or
other materials relevant to matters within such independent counsel's
prosecutorial jurisdiction, and the use of the resources and personnel
necessary to perform such independent counsel's duties.
(2) Payment of and reports on expenditures of independent counsel.
-- The Department of Justice shall pay all costs relating to the
establishment and operation of any office of independent counsel. The
Attorney General shall submit to the Congress, not later than 30 days
after the end of each fiscal year, a report on amounts paid during that
fiscal year for expenses of investigations and prosecutions by
independent counsel. Each such report shall include a statement of all
payments made for activities of independent counsel but may not reveal
the identity or prosecutorial jurisdiction of any independent counsel
which has not been disclosed under section 593(b)(4).
(e) Referral of Other Matters to an Independent Counsel. -- An
independent counsel may ask the Attorney General or the division of the
court to refer to the independent counsel matters related to the
independent counsel's prosecutorial jurisdiction, and the Attorney
General or the division of the court, as the case may be, may refer such
matters. If the Attorney General refers a matter to an independent
counsel on the Attorney General's own initiative, the independent
counsel may accept such referral if the matter relates to the
independent counsel's prosecutorial jurisdiction. If the Attorney
General refers any matter to the independent counsel pursuant to the
independent counsel's request, or if the independent counsel accepts a
referral made by the Attorney General on the Attorney General's own
initiative, the independent counsel shall so notify the division of the
court.
(f) Compliance With Policies of the Department of Justice. -- An
independent counsel shall, except where not possible, comply with the
written or other established policies of the Department of Justice
respecting enforcement of the criminal laws.
(g) Dismissal of Matters. -- The independent counsel shall have full
authority to dismiss matters within the independent counsel's
prosecutorial jurisdiction without conducting an investigation or at any
subsequent time before prosecution, if to do so would be consistent with
the written or other established policies of the Department of Justice
with respect to the enforcement of criminal laws.
(h) Reports by Independent Counsel. --
(1) Required reports. -- An independent counsel shall --
(A) file with the division of the court, with respect to the 6-month
period beginning on the date of his or her appointment, and with respect
to each 6-month period thereafter until the office of that independent
counsel terminates, a report which identifies and explains major
expenses, and summarizes all other expenses, incurred by that office
during the 6-month period with respect to which the report is filed, and
estimates future expenses of that office; and
(B) before the termination of the independent counsel's office under
section 596(b), file a final report with the division of the court,
setting forth fully and completely a description of the work of the
independent counsel, including the disposition of all cases brought, and
the reasons for not prosecuting any matter within the prosecutorial
jurisdiction of such independent counsel.
(2) Disclosure of information in reports. -- The division of the
court may release to the Congress, the public, or any appropriate
person, such portions of a report made under this subsection as the
division of the court considers appropriate. The division of the court
shall make such orders as are appropriate to protect the rights of any
individual named in such report and to prevent undue interference with
any pending prosecution. The division of the court may make any portion
of a final report filed under paragraph (1)(B) available to any
individual named in such report for the purposes of receiving within a
time limit set by the division of the court any comments or factual
information that such individual may submit. Such comments and factual
information, in whole or in part, may, in the discretion of the division
of the court, be included as an appendix to such final report.
(i) Independence From Department of Justice. -- Each independent
counsel appointed under this chapter, and the persons appointed by that
independent counsel under subsection (c), are separate from and
independent of the Department of Justice for purposes of sections 202
through 209 of title 18.
(j) Standards of Conduct Applicable to Independent Counsel, Persons
Serving in the Office of an Independent Counsel, and Their Law Firms. --
(1) Restrictions on employment while independent counsel and
appointees are serving. -- (A) During the period in which an independent
counsel is serving under this chapter --
(i) such independent counsel, and
(ii) any person associated with a firm with which such independent
counsel is associated,
may not represent in any matter any person involved in any
investigation or prosecution under this chapter.
(B) During the period in which any person appointed by an independent
counsel under subsection (c) is serving in the office of independent
counsel, such person may not represent in any matter any person involved
in any investigation or prosecution under this chapter.
(2) Post employment restrictions on independent counsel and
appointees. -- (A) Each independent counsel and each person appointed by
that independent counsel under subsection (c) may not, for 3 years
following the termination of the service under this chapter of that
independent counsel or appointed person, as the case may be, represent
any person in any matter if that individual was the subject of an
investigation or prosecution under this chapter that was conducted by
that independent counsel.
(B) Each independent counsel and each person appointed by that
independent counsel under subsection (c) may not, for 1 year following
the termination of the service under this chapter of that independent
counsel or appointed person, as the case may be, represent any person in
any matter involving any investigation or prosecution under this
chapter.
(3) One-year ban on representation by members of firms of independent
counsel. -- Any person who is associated with a firm with which an
independent counsel is associated or becomes associated after
termination of the service of that independent counsel under this
chapter may not, for 1 year following such termination, represent any
person in any matter involving any investigation or prosecution under
this chapter.
(4) Definitions. -- For purposes of this subsection --
(A) the term ''firm'' means a law firm whether organized as a
partnership or corporation; and
(B) a person is ''associated'' with a firm if that person is an
officer, director, partner, or other member or employee of that firm.
(k) Custody of Records of an Independent Counsel. --
(1) Transfer of records. -- Upon termination of the office of an
independent counsel, that independent counsel shall transfer to the
Archivist of the United States all records which have been created or
received by that office. Before this transfer, the independent counsel
shall clearly identify which of these records are subject to rule 6(e)
of the Federal Rules of Criminal Procedure as grand jury materials and
which of these records have been classified as national security
information. Any records which were compiled by an independent counsel
and, upon termination of the independent counsel's office, were stored
with the division of the court or elsewhere before the enactment of the
Independent Counsel Reauthorization Act of 1987, shall also be
transferred to the Archivist of the United States by the division of the
court or the person in possession of such records.
(2) Maintenance, use, and disposal of records. -- Records transferred
to the Archivist under this chapter shall be maintained, used, and
disposed of in accordance with chapters 21, 29, and 33 of title 44.
(3) Access to records. --
(A) In general. -- Subject to paragraph (4), access to the records
transferred to the Archivist under this chapter shall be governed by
section 552 of title 5.
(B) Access by department of justice. -- The Archivist shall, upon
written application by the Attorney General, disclose any such records
to the Department of Justice for purposes of an ongoing law enforcement
investigation or court proceeding, except that, in the case of grand
jury materials, such records shall be so disclosed only by order of the
court of jurisdiction under rule 6(e) of the Federal Rules of Criminal
Procedure.
(C) Exception. -- Notwithstanding any restriction on access imposed
by law, the Archivist and persons employed by the National Archives and
Records Administration who are engaged in the performance of normal
archival work shall be permitted access to the records transferred to
the Archivist under this chapter.
(4) Records provided by congress. -- Records of an investigation
conducted by a committee of the House of Representatives or the Senate
which are provided to an independent counsel to assist in an
investigation or prosecution conducted by that independent counsel --
(A) shall be maintained as a separate body of records within the
records of the independent counsel; and
(B) shall, after the records have been transferred to the Archivist
under this chapter, be made available, except as provided in paragraph
(3)(B) and (C), in accordance with the rules governing release of the
records of the House of Congress that provided the records to the
independent counsel.
Subparagraph (B) shall not apply to those records which have been
surrendered pursuant to grand jury or court proceedings.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1869; amended Pub. L. 97-409, 2(a)(1), 6(a)-(c), Jan. 3, 1983, 96
Stat. 2039, 2041; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1300.)
Section 6103 of the Internal Revenue Code of 1986, referred to in
subsec. (a)(8), is classified to section 6103 of Title 26, Internal
Revenue Code.
The Federal Rules of Criminal Procedure, referred to in subsec.
(k)(1), (3)(B), are set out in the Appendix to Title 18, Crimes and
Criminal Procedure.
The enactment of the Independent Counsel Reauthorization Act of 1987,
referred to in subsec. (k)(1), is the enactment of Pub. L. 100-191,
which was approved Dec. 15, 1987.
1987 -- Pub. L. 100-191 amended section generally, substituting
subsecs. (a) to (k) for former subsecs. (a) to (g) which related to
similar subject matter.
1986 -- Subsec. (a)(8). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
1983 -- Pub. L. 97-409, 2(a)(1)(A), substituted ''independent
counsel'' for ''special prosecutor'' in section catchline.
Subsec. (a). Pub. L. 97-409, 2(a)(1), substituted ''independent
counsel'' for ''special prosecutor'' wherever appearing and
''independent counsel's'' for ''special prosecutor's''.
Subsec. (a)(10). Pub. L. 97-409, 6(a), added par. (10).
Subsecs. (b), (c). Pub. L. 97-409, 2(a)(1)(A), substituted
''independent counsel'' for ''special prosecutor'' wherever appearing.
Subsecs. (d), (e). Pub. L. 97-409, 2(a)(1), substituted
''independent counsel'' for ''special prosecutor'' and ''independent
counsel's'' for ''special prosecutor's'' wherever appearing.
Subsec. (f). Pub. L. 97-409, 2(a)(1)(A), 6(b), substituted
''independent counsel'' for ''special prosecutor'', ''except where not
possible'' for ''to the extent that such special prosecutor deems
appropriate'', and ''written or other established policies'' for
''written policies''.
Subsec. (g). Pub. L. 97-409, 6(c), added subsec. (g).
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, but with the following provisions
applicable to previously initiated proceedings pending on Dec. 15,
1987: subsec. (d)(2) (relating to reports by Attorney General on
expenditures by independent counsel, except that the first such report
shall be made only with respect to expenditures on or after Dec. 15,
1987), subsec. (h)(1)(A) except that the 6-month periods described in
subsec. (h)(1)(A) of this section shall be calculated from Dec. 15,
1987, subsec. (i), subsec. (k) of this section, and 90 days after Dec.
15, 1987, subsec. (j), see section 6 of Pub. L. 100-191, set out as a
note under section 591 of this title.
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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
28 USC 595. Congressional oversight
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Oversight of Conduct of Independent Counsel. --
(1) Congressional oversight. -- The appropriate committees of the
Congress shall have oversight jurisdiction with respect to the official
conduct of any independent counsel appointed under this chapter, and
such independent counsel shall have the duty to cooperate with the
exercise of such oversight jurisdiction.
(2) Reports to congress. -- An independent counsel appointed under
this chapter shall submit to the Congress such statements or reports on
the activities of such independent counsel as the independent counsel
considers appropriate.
(b) Oversight of Conduct of Attorney General. -- Within 15 days after
receiving an inquiry about a particular case under this chapter, which
is a matter of public knowledge, from a committee of the Congress with
jurisdiction over this chapter, the Attorney General shall provide the
following information to that committee with respect to that case:
(1) When the information about the case was received.
(2) Whether a preliminary investigation is being conducted, and if
so, the date it began.
(3) Whether an application for the appointment of an independent
counsel or a notification that further investigation is not warranted
has been filed with the division of the court, and if so, the date of
such filing.
(c) Information Relating to Impeachment. -- An independent counsel
shall advise the House of Representatives of any substantial and
credible information which such independent counsel receives, in
carrying out the independent counsel's responsibilities under this
chapter, that may constitute grounds for an impeachment. Nothing in
this chapter or section 49 of this title shall prevent the Congress or
either House thereof from obtaining information in the course of an
impeachment proceeding.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1871; amended Pub. L. 97-409, 2(a)(1), Jan. 3, 1983, 96 Stat. 2139;
Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1304.)
1987 -- Pub. L. 100-191 amended section generally, substituting
subsecs. (a) to (c) relating to congressional oversight for former
subsecs. (a) to (e) relating to reporting and congressional oversight.
1983 -- Pub. L. 97-409, 2(a)(1), substituted ''independent
counsel'' for ''special prosecutor'' and ''independent counsel's'' for
''special prosecutor's'' wherever appearing.
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, see section 6 of Pub. L. 100-191, set out
as a note under section 591 of this title.
28 USC 596. Removal of an independent counsel; termination of office
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Removal; Report on Removal. --
(1) Grounds for removal. -- An independent counsel appointed under
this chapter may be removed from office, other than by impeachment and
conviction, only by the personal action of the Attorney General and only
for good cause, physical disability, mental incapacity, or any other
condition that substantially impairs the performance of such independent
counsel's duties.
(2) Report to division of the court and congress. -- If an
independent counsel is removed from office, the Attorney General shall
promptly submit to the division of the court and the Committees on the
Judiciary of the Senate and the House of Representatives a report
specifying the facts found and the ultimate grounds for such removal.
The committees shall make available to the public such report, except
that each committee may, if necessary to protect the rights of any
individual named in the report or to prevent undue interference with any
pending prosecution, postpone or refrain from publishing any or all of
the report. The division of the court may release any or all of such
report in accordance with section 594(h)(2).
(3) Judicial review of removal. -- An independent counsel removed
from office may obtain judicial review of the removal in a civil action
commenced in the United States District Court for the District of
Columbia. A member of the division of the court may not hear or
determine any such civil action or any appeal of a decision in any such
civil action. The independent counsel may be reinstated or granted
other appropriate relief by order of the court.
(b) Termination of Office. --
(1) Termination by action of independent counsel. -- An office of
independent counsel shall terminate when --
(A) the independent counsel notifies the Attorney General that the
investigation of all matters within the prosecutorial jurisdiction of
such independent counsel or accepted by such independent counsel under
section 594(e), and any resulting prosecutions, have been completed or
so substantially completed that it would be appropriate for the
Department of Justice to complete such investigations and prosecutions;
and
(B) the independent counsel files a final report in compliance with
section 594(h)(1)(B).
(2) Termination by division of the court. -- The division of the
court, either on its own motion or upon the request of the Attorney
General, may terminate an office of independent counsel at any time, on
the ground that the investigation of all matters within the
prosecutorial jurisdiction of such independent counsel or accepted by
such independent counsel under section 594(e), and any resulting
prosecutions, have been completed or so substantially completed that it
would be appropriate for the Department of Justice to complete such
investigations and prosecutions. At the time of such termination, the
independent counsel shall file the final report required by section
594(h)(1)(B).
(c) Audits. -- After the termination of the office of an independent
counsel, the Comptroller General shall conduct an audit of the
expenditures of that office, and shall submit to the appropriate
committees of the Congress a report on the audit.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1872; amended Pub. L. 97-409, 2(a)(1), 6(d), Jan. 3, 1983, 96 Stat.
2039, 2042; Pub. L. 98-620, title IV, 402(29)(A), Nov. 8, 1984, 98
Stat. 3359; Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1304.)
1987 -- Pub. L. 100-191 amended section generally, substituting
subsecs. (a) to (c) for former subsecs. (a) and (b) which related to
similar subject matter.
1984 -- Subsec. (a)(3). Pub. L. 98-620 struck out provision
requiring the division of the court to cause such an action to be in
every way expedited.
1983 -- Pub. L. 97-409, 2(a)(1)(A), substituted ''independent
counsel'' for ''special prosecutor'' in section catchline.
Subsec. (a)(1). Pub. L. 97-409, 2(a)(1), 6(d), substituted
''independent counsel'' for ''special prosecutor'', ''good cause'' for
''extraordinary impropriety'', and ''independent counsel's'' for
''special prosecutor's''.
Subsecs. (a)(2), (3), (b). Pub. L. 97-409, 2(a)(1)(A), substituted
''independent counsel'' for ''special prosecutor'' wherever appearing.
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, but with subsecs. (a)(3) and (c)
applicable to previously initiated proceedings pending on Dec. 15,
1987, see section 6 of Pub. L. 100-191, set out as a note under section
591 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of this title.
28 USC 597. Relationship with Department of Justice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Suspension of Other Investigations and Proceedings. -- Whenever a
matter is in the prosecutorial jurisdiction of an independent counsel or
has been accepted by an independent counsel under section 594(e), the
Department of Justice, the Attorney General, and all other officers and
employees of the Department of Justice shall suspend all investigations
and proceedings regarding such matter, except to the extent required by
section 594(d)(1), and except insofar as such independent counsel agrees
in writing that such investigation or proceedings may be continued by
the Department of Justice.
(b) Presentation as Amicus Curiae Permitted. -- Nothing in this
chapter shall prevent the Attorney General or the Solicitor General from
making a presentation as amicus curiae to any court as to issues of law
raised by any case or proceeding in which an independent counsel
participates in an official capacity or any appeal of such a case or
proceeding.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1872; amended Pub. L. 97-409, 2(a)(1)(A), Jan. 3, 1983, 96 Stat.
2039; Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1306.)
1987 -- Pub. L. 100-191 amended section generally, substituting
provisions relating to relationship with Department of Justice for
substantially similar provisions.
1983 -- Pub. L. 97-409, 2(a)(1)(A), substituted ''independent
counsel'' for ''special prosecutor'' wherever appearing.
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, see section 6 of Pub. L. 100-191, set out
as a note under section 591 of this title.
28 USC 598. Severability
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the remainder of this chapter
and the application of such provision to other persons not similarly
situated or to other circumstances shall not be affected by such
invalidation.
(Added Pub. L. 95-521, title VI, 601(a), Oct. 26, 1978, 92 Stat.
1873; amended Pub. L. 97-409, 2(a)(1)(A), 7, Jan. 3, 1983, 96 Stat.
2039, 2042; Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1306.)
1987 -- Pub. L. 100-191 amended section generally, substituting
provisions relating to severability for provisions relating to
termination of chapter. See section 599 of this title.
1983 -- Pub. L. 97-409, 2(a)(1)(A), 7, substituted reference to
the date of enactment of the Ethics in Government Act Amendments of 1982
for reference to the date of enactment of this chapter and substituted
''independent counsel'' for ''special prosecutor'' wherever appearing.
Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
applicable to proceedings initiated and independent counsels appointed
on and after Dec. 15, 1987, see section 6 of Pub. L. 100-191, set out
as a note under section 591 of this title.
28 USC 599. Termination of effect of chapter
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
This chapter shall cease to be effective five years after the date of
the enactment of the Independent Counsel Reauthorization Act of 1987,
except that this chapter shall continue in effect with respect to then
pending matters before an independent counsel that in the judgment of
such counsel require such continuation until that independent counsel
determines such matters have been completed.
(Added Pub. L. 100-191, 2, Dec. 15, 1987, 101 Stat. 1306.)
The date of the enactment of the Independent Counsel Reauthorization
Act of 1987, referred to in text, is the date of enactment of Pub. L.
100-191, which was approved Dec. 15, 1987.
Section effective Dec. 15, 1987, see section 6 of Pub. L. 100-191,
set out as a note under section 591 of this title.
28 USC PART III -- COURT OFFICERS AND EMPLOYEES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Chap. Sec.
41. Administrative Office of United States Courts 601
42. Federal Judicial Center 620
43. United States Magistrates 631
44. Arbitration 651
45. Supreme Court 671
47. Courts of Appeals 711
49. District Courts 751
51. United States Court of Federal Claims 791
(53. lRepealed.)
55. Court of International Trade 871
57. General Provisions Applicable to Court Officers and Employees
951
58. United States Sentencing Commission 991
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, the item for
chapter 44 is repealed.
Chapter 59 was renumbered as Chapter 57 but without change in its
section numbers, by Senate amendment. See 80th Congress Senate Report
No. 1559.
1992 -- Pub. L. 102-572, title IX, 902(b)(1), Oct. 29, 1992, 106
Stat. 4516, substituted ''United States Court of Federal Claims'' for
''United States Claims Court'' as item for chapter 51.
1988 -- Pub. L. 100-702, title IX, 901(b), Nov. 19, 1988, 102
Stat. 4663, added item for chapter 44.
1984 -- Pub. L. 98-473, title II, 217(b), Oct. 12, 1984, 98 Stat.
2026, added item for chapter 58, effective on the first day of the first
calendar month beginning twenty-four months after Oct. 12, 1984 (Nov.
1, 1986).
1982 -- Pub. L. 97-164, title I, 121(g)(1), Apr. 2, 1982, 96 Stat.
35, substituted ''United States Claims Court'' for ''Court of Claims''
as item for chapter 51.
Pub. L. 97-164, title I, 122(a), Apr. 2, 1982, 96 Stat. 36, struck
out item for chapter 53.
1980 -- Pub. L. 96-417, title V, 501(13), Oct. 10, 1980, 94 Stat.
1742, substituted ''Court of International Trade'' for ''Customs Court''
as item for chapter 55.
1978 -- Pub. L. 95-598, title II, 233(b), Nov. 6, 1978, 92 Stat.
2667, directed the addition of item for chapter 50, ''Bankruptcy
Courts'', 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.
1968 -- Pub. L. 90-578, title I, 102(a), Oct. 17, 1968, 82 Stat.
1114, substituted ''United States Magistrates'' for ''United States
Commissioners'' as item for chapter 43.
1967 -- Pub. L. 90-219, title II, 204, Dec. 20, 1967, 81 Stat.
669, added item for chapter 42.
28 USC CHAPTER 41 -- ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
601. Creation; Director and Deputy Director.
602. Employees.
603. Salaries.
604. Duties of Director generally.
605. Budget estimates.
606. Duties of Deputy Director.
607. Practice of law prohibited.
608. Seal.
609. Courts' appointive power unaffected.
610. Courts defined.
611. Retirement of Director.
612. Judiciary Automation Fund.
1989 -- Pub. L. 101-162, title IV, 404(b)(2), Nov. 21, 1989, 103
Stat. 1015, added item 612.
1967 -- Pub. L. 90-219, title II, 201(b), Dec. 20, 1967, 81 Stat.
668, added item 611.
1959 -- Pub. L. 86-370, 5(a)(2), Sept. 23, 1959, 73 Stat. 652,
substituted ''Deputy Director'' for ''Assistant Director'' in items 601
and 606.
1949 -- Act May 24, 1949, ch. 139, 72a, 63 Stat. 100, inserted an
apostrophe after ''Courts'' and struck out comma after ''Courts'' in
item 609.
28 USC 601. Creation; Director and Deputy Director
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Administrative Office of the United States Courts shall be
maintained at the seat of government. It shall be supervised by a
Director and a Deputy Director appointed and subject to removal by the
Chief Justice of the United States, after consulting with the Judicial
Conference.
(June 25, 1948, ch. 646, 62 Stat. 913; Sept. 23, 1959, Pub. L.
86-370, 5(a)(1), 73 Stat. 652; Dec. 1, 1990, Pub. L. 101-650, title
III, 307, 104 Stat. 5112.)
Based on title 28, U.S.C. 1940 ed., 444 (Mar. 3, 1911, ch. 231, 302
as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains part of section 444 of title 28, U.S.C., 1940
ed. The remainder of said section 444 is incorporated in sections 603,
606 and 608 of this title.
Changes were made in phraseology.
1990 -- Pub. L. 101-650 substituted ''Chief Justice of the United
States, after consulting with the Judicial Conference'' for ''Supreme
Court''.
1959 -- Pub. L. 86-370 substituted ''Deputy Director'' for
''Assistant Director''.
Amendment by Pub. L. 86-370 effective Sept. 23, 1959, see section
7(a) of Pub. L. 86-370.
Section 5(a)(4) of Pub. L. 86-370 provided that: ''Whenever the
Assistant Director of the Administrative Office of the United States
Courts is referred to in any other law, such reference shall be deemed
to be to the Deputy Director of the Administrative Office of the United
States Courts.''
Section 2(b) of act June 25, 1948, provided that: ''The provisions
of title 28, Judiciary and Judicial Procedure, of the United States
Code, set out in section 1 of this Act, with respect to the organization
of each of the several courts therein provided for and of the
Administrative Office of the United States Courts, shall be construed as
continuations of existing law, and the tenure of the judges, officers,
and employees thereof and of the United States attorneys and marshals
and their deputies and assistants, in office on the effective date of
this Act (Sept. 1, 1948), shall not be affected by its enactment, but
each of them shall continue to serve in the same capacity under the
appropriate provisions of title 28, as set out in section 1 of this Act,
pursuant to his prior appointment: Provided, however, That each circuit
court of appeals shall, as in said title 28 set out, hereafter be known
as a United States court of appeals. No loss of rights, interruption of
jurisdiction, or prejudice to matters pending in any of such courts on
the effective date of this Act shall result from its enactment.''
28 USC 602. Employees
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director shall appoint and fix the compensation of necessary
employees of the Administrative Office in accordance with the
Administrative Office of the United States Courts Personnel Act of 1990.
(b) Notwithstanding any other law, the Director may appoint certified
interpreters in accordance with section 604(a)(16)(B) of this title
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, relating to classification and General Schedule
pay rates, but the compensation of any person appointed under this
subsection shall not exceed the appropriate equivalent of the highest
rate of pay payable for the highest grade established in the General
Schedule, section 5332 of title 5.
(c) The Director may obtain personal services as authorized by
section 3109 of title 5, at rates not to exceed the appropriate
equivalent of the highest rate of pay payable for the highest grade
established in the General Schedule, section 5332 of title 5.
(d) All functions of other officers and employees of the
Administrative Office and all functions of organizational units of the
Administrative Office are vested in the Director. The Director may
delegate any of the Director's functions, powers, duties, and authority
(except the authority to promulgate rules and regulations) to such
officers and employees of the judicial branch of Government as the
Director may designate, and subject to such terms and conditions as the
Director may consider appropriate; and may authorize the successive
redelegation of such functions, powers, duties, and authority as the
Director may deem desirable. All official acts performed by such
officers and employees shall have the same force and effect as though
performed by the Director in person.
(June 25, 1948, ch. 646, 62 Stat. 913; Oct. 28, 1978, Pub. L.
95-539, 5, 92 Stat. 2044; Oct. 30, 1990, Pub. L. 101-474, 5(a), (q),
104 Stat. 1099, 1101; Dec. 1, 1990, Pub. L. 101-650, title III,
325(b)(4), 104 Stat. 5121.)
Based on title 28, U.S.C., 1940 ed., 445 (Mar. 3, 1911, ch. 231,
303, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains provisions in section 445 of title 28, U.S.C.,
1940 ed., for appointment of employees.
Words ''with the approval of the Supreme Court'' were omitted to
relieve the court of the burden of approving appointments which in
practice should properly be made by the Director under the supervision
of the Judicial Conference of the United States.
The remainder of section 445 of title 28, U.S.C., 1940 ed., is
incorporated in sections 603 and 607 of this title.
Changes were made in phraseology.
The Administrative Office of the United States Courts Personnel Act
of 1990, referred to in subsec. (a), is Pub. L. 101-474, Oct. 30,
1990, 104 Stat. 1097, which amended this section and sections 603 and
604 of this title and sections 2301, 2302, 4301, 4501, 4701, 5102, 5108,
5349, 5595, 5596, 8331, 8347, 8401, and 8402 of Title 5, Government
Organization and Employees, and enacted provisions set out below. For
complete classification of this Act to the Code, see Tables.
1990 -- Subsec. (a). Pub. L. 101-474, 5(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
Director shall appoint and fix the compensation of necessary employees
of the Administrative Office in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, relating to
classification and General Schedule pay rates.''
Subsec. (b). Pub. L. 101-474, 5(q), and Pub. L. 101-650 amended
subsec. (b) identically, substituting ''604(a)(16)(B)'' for
''604(a)(15)(B)''.
1978 -- Pub. L. 95-539, among other changes, substituted provision
authorizing the Director to appoint and fix the compensation of
necessary employees in accordance with chapter 51 and subchapter III of
chapter 53 of title 5 for provision authorizing the Director, subject to
the provisions of the civil service laws, to appoint necessary employees
for the Administrative Office and inserted provisions relating to
appointing and fixing the compensation of certified interpreters, to
obtaining personal services as authorized by section 3109 of title 5,
and to transferring to the Director all of the functions of the officers
and employees of the Administrative Office and all the functions of the
organizational units of the Administrative Office with power in the
Director to delegate his authority.
Section 10 of Pub. L. 95-539 provided that:
''(a) Except as provided in subsection (b), this Act (enacting
section 1827 and 1828 of this title, amending this section and sections
603, 604, and 1920 of this title, enacting provisions set out as notes
under this section and section 1 of this title, and repealing provisions
set out as a note under this section) shall take effect on the date of
the enactment of this Act (Oct. 28, 1978).
''(b) Section 2 of this Act (enacting sections 1827 and 1828 of this
title) shall take effect ninety days after the date of the enactment of
this Act (Oct. 28, 1978).''
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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Sections 1 to 4 and 6 of Pub. L. 101-474 provided that:
''SECTION 1. SHORT TITLE.
''This Act (see References in Text note above and Tables for
classification) may be cited as the 'Administrative Office of the United
States Courts Personnel Act of 1990'.
''SEC. 2. GENERAL PERSONNEL AUTHORITY.
''The Director of the Administrative Office of the United States
Courts (hereinafter in this Act referred to as the 'Director') may
appoint, fix the compensation of, assign, and direct such personnel as
the Director determines necessary to discharge the duties and functions
of the Administrative Office.
''SEC. 3. ESTABLISHMENT OF PERSONNEL MANAGEMENT SYSTEM.
''(a) The Director shall, by regulation, establish a personnel
management system for the Administrative Office which provides for the
appointment, pay, promotion, and assignment of all employees on the
basis of merit, but without regard to the provisions of title 5, United
States Code, governing appointments and other personnel actions in the
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. The system shall apply to all Administrative Office
employees except those referred to in section 603 of title 28, United
States Code, and shall, at a minimum --
''(1) provide for a schedule of pay rates applicable to all
employees; except as provided in paragraph (10), the basic pay of any
person appointed under this section shall not exceed the rate of basic
pay for level V of the Executive Schedule;
''(2) incorporate pay comparability principles as set forth in
section 5301(a) of title 5, United States Code;
''(3) provide for the adjustment of the pay of employees at the same
time and in the same percentage amount as rates of basic pay are
adjusted for General Schedule and prevailing rate employees, as
appropriate;
''(4) establish procedures for employee evaluations, the granting of
periodic pay adjustments, incentive awards, and resolution of employee
grievances;
''(5) establish procedures for disciplinary actions, including
reduction in grade or pay, suspension, and removal, based on
unacceptable performance or misconduct, except that --
''(A) such procedures shall be consistent with --
''(i) section 4303 of title 5, United States Code, to the extent that
they relate to adverse actions based on unacceptable performance; and
''(ii) chapter 75 of title 5, United States Code, to the extent that
they relate to adverse actions covered by such chapter; and
''(B) the Director may exempt from these procedures positions of a
confidential or policy-determining character, not to exceed 4 percent of
the authorized positions of the Administrative Office;
''(6) establish procedures for premium pay (including overtime),
except that the Director may at his discretion implement flexible and
compressed work schedules and may exempt the hours constituting such
schedules from premium pay to the extent he deems necessary to implement
such schedules;
''(7) include the principles set forth in section 2301(b) of title 5,
United States Code;
''(8) prohibit personnel practices prohibited under section 2302(b)
of title 5, United States Code;
''(9) prohibit discrimination on the basis of race, color, religion,
age, sex, national origin, political affiliation, marital status, or
handicapping condition; the Director must promulgate regulations
providing procedures for resolving complaints of discrimination by
employees and applicants for employment;
''(10) provide for the basic pay of not more than 5 percent of the
authorized positions of the Administrative Office (excluding the
positions referred to in section 603 of title 28, United States Code) to
be set at rates not to exceed the rate of basic pay for positions at
level IV of the Executive Schedule; the aggregate pay (including basic
pay and incentive awards) of any individual whose basic pay is set under
this subsection may not exceed the salary of the Director; and
''(11) in the case of any individual who would be a preference
eligible in the executive branch, provide preference for that individual
in a manner and to an extent consistent with preference accorded to
preference eligibles in the executive branch.
''(b) The Director may apply the provisions of sections 5723 and
6304(f) of title 5, United States Code, to the positions referred to in
subsection (a)(10) and in section 603 of title 28, United States Code,
including the Deputy Director.
''(c) The Director may provide for incentive awards for the positions
referred to in section 603 of title 28, United States Code, including
the Deputy Director, subject to the aggregate pay limitation in
subsection (a)(10).
''(d) The Chief Justice of the United States or the Judicial
Conference of the United States may grant incentive awards to the
Director, except that the Director's aggregate pay for any fiscal year,
including salary and incentive awards, may not exceed the salary of a
United States circuit judge. The Chief Justice or the Judicial
Conference may authorize application of section 5723 of title 5, United
States Code, to the Director.
''(e) The Director may develop and conduct programs to meet the
short- and long-range training needs of the agency.
''(f) Notwithstanding any other provision of law, an individual who
is an employee of the Administrative Office on the day before the
effective date of this section and who, as of that day, was entitled to
--
''(1) appeal a reduction in grade or removal to the Merit Systems
Protection Board under chapter 43 of title 5, United States Code,
''(2) appeal an adverse action to the Merit Systems Protection Board
under chapter 75 of title 5, United States Code, or
''(3) file an appeal with the Equal Employment Opportunity Commission
under part 1613 of title 29 of the Code of Federal Regulations,
shall continue to be entitled to file such appeal so long as the
individual remains an employee of the Administrative Office, except that
this provision shall not apply to employees in positions referred to in
section 603 of title 28, United States Code, or in positions of a
confidential or policy-determining character referred to in subsection
(a)(10).
''(g) Nothing in this Act shall be construed to abolish or diminish
any right or remedy granted to employees of or applicants for employment
in the Administrative Office by any law prohibiting discrimination in
Federal employment on the basis of race, color, religion, age, sex,
national origin, political affiliation, marital status, or handicapping
condition, except that, with respect to any such employees and
applicants for employment, any authority granted under any such law to
the Equal Employment Opportunity Commission, the Office of Personnel
Management, the Merit Systems Protection Board, or any other agency in
the executive branch, shall be exercised by the Administrative Office.
''SEC. 4. NONCOMPETITIVE APPOINTMENTS.
''(a) Notwithstanding any other provision of law, any employee of the
Administrative Office who has completed at least 1 year of continuous
service under a nontemporary appointment under the personnel system
established pursuant to section 3 acquires a competitive status for
appointment to any position in the competitive service for which the
employee possesses the required qualifications.
''(b) A period of continuous service performed as a nontemporary
employee of the Administrative Office immediately before the personnel
system under section 3 takes effect shall, for purposes of subsection
(a), be treated as if it had been performed under such system.
''SEC. 6. AUTHORIZATION.
''There are authorized to be appropriated for fiscal year 1990 and
for each fiscal year thereafter such sums as may be necessary to carry
out the provisions of this Act.''
Section 11 of Pub. L. 95-539 provided that: ''Any contracts entered
into under this Act or any of the amendments made by this Act (enacting
sections 1827 and 1828 of this title, amending this section and sections
603, 604, and 1920 of this title, enacting provisions set out as notes
under this section and section 1 of this title, and repealing provisions
set out as a note under this section) shall be limited to such extent or
in such amounts as are provided in advance in appropriation Acts.''
Pub. L. 86-370, 5(b), Sept. 23, 1959, 73 Stat. 652, which
authorized the Director of the Administrative Office of the United
States Courts to procure the temporary or intermittent services of
experts or consultants was repealed by Pub. L. 95-539, 8, Oct. 28,
1978, 92 Stat. 2044.
28 USC 603. Salaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The salary of the Director shall be the same as the salary of a
district judge. Notwithstanding any other provision of law, the
Director shall not be deemed to be an ''employee'' for the purpose of
subchapter I of chapter 63 of title 5. The salary of the Deputy
Director shall be 92 percent of the salary of the Director. The
salaries of six additional positions shall be fixed by the Director at
rates not to exceed the annual rate of basic pay for positions at level
IV of the Executive Schedule under section 5315 of title 5.
(June 25, 1948, ch. 646, 62 Stat. 913; Oct. 15, 1949, ch. 695,
5(b), 6(b), 63 Stat. 881; Oct. 31, 1951, ch. 655, 43(b), 65 Stat.
725; Sept. 23, 1959, Pub. L. 86-370, 5(a)(1), 73 Stat. 652; Aug. 14,
1964, Pub. L. 88-426, title IV, 403(g), 78 Stat. 434; Dec. 16, 1967,
Pub. L. 90-206, title II, 213(d), 81 Stat. 635; Oct. 28, 1978, Pub. L.
95-539, 6, 92 Stat. 2044; Dec. 22, 1987, Pub. L. 100-202, 101(a)
(title IV, 409), 101 Stat. 1329, 1329-27; Oct. 1, 1988, Pub. L.
100-459, title IV, 406, 102 Stat. 2213; Oct. 30, 1990, Pub. L.
101-474, 5(b), 104 Stat. 1099.)
Based on title 28, U.S.C., 1940 ed., 444, 445 (Mar. 3, 1911, ch.
231, 302, 303, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section consolidates parts of title 28, U.S.C., 1940 ed., 444,
445. The remainder of said sections are incorporated in sections 601,
602, 606, 607, and 608 of this title.
The figure ''$9,376.50'' was substituted for ''$7,500'' as the salary
of the Assistant Director in conformity with section 934 of title 5,
U.S.C., 1940 ed., Executive Departments and Government Officers and
Employees.
Changes were made in phraseology.
The (former) figure, ''$7,500,'' with respect to salary of the
Assistant Director, was restored by Senate amendment. See 80th Congress
Senate Report No. 1559, amendments Nos. 15 and 65.
1990 -- Pub. L. 101-474 inserted after first sentence
''Notwithstanding any other provision of law, the Director shall not be
deemed to be an 'employee' for the purpose of subchapter I of chapter 63
of title 5. The salary of the Deputy Director shall be 92 percent of
the salary of the Director.'' and struck out ''of the Deputy Director
and'' after ''The salaries''.
1988 -- Pub. L. 100-459 substituted ''six'' for ''three''.
1987 -- Pub. L. 100-202 substituted ''The salaries of the Deputy
Director and of three additional positions shall be fixed by the
Director at rates not to exceed the annual rate of basic pay for
positions at level IV of the Executive Schedule under section 5315 of
title 5'' for ''The salary of the Deputy Director shall be in the same
amount as the annual rate of basic pay for positions at level V of the
Executive Schedule under section 5316 of title 5''.
1978 -- Pub. L. 95-539 struck out provision authorizing the Director
to fix the compensation of Administrative Office employees in accordance
with the Classification Act of 1949.
1967 -- Pub. L. 90-206 increased salaries of Director and Deputy
Director from $27,000 and $26,000 per year to a salary equivalent to a
United States district judge and the same amount of basic pay for
positions at level V of the Executive Schedule under section 5316 of
title 5, respectively.
1964 -- Pub. L. 88-426 substituted ''$27,000 for ''$15,000 and
''$26,000'' for ''$12,500''.
1959 -- Pub. L. 86-370 substituted ''Deputy Director'' for
''Assistant Director''.
1951 -- Act Oct. 31, 1951, substituted reference in second paragraph
to the Classification Act of 1949 for reference to former Classification
Act of 1923.
1949 -- Act Oct. 15, 1949, increased salaries of Director from
$10,000 to $15,000 per annum and Assistant Director from $7,500 to
$12,500 per annum.
Amendment by Pub. L. 95-539 effective Oct. 28, 1978, see section
10(a) of Pub. L. 95-539, set out as a note under section 602 of this
title.
Section 220(a)(3) of title II of Pub. L. 90-206 provided, except as
otherwise expressly provided, that: ''Sections 213(d) and (e) (amending
this section and section 792 of this title), 214(j), (k), (l), (n), and
(o) (amending sections 60j and 61-1 of Title 2, The Congress, and
section 5533 of Title 5, Government Organization and Employees), 215
(amending sections 5314 to 5316 of Title 5) 217 (amending section 5545
of Title 5), 219 (amending sections 136a and 136a-1 of Title 2, sections
42a and 51a of former Title 31, Money and Finance, sections 162a, 166b,
and 166b-1 of Title 40, Public Buildings, Property, and Works, and
section 39a of Title 44, Public Printing and Documents), and 224(c)
(amending material set out as a note under section 102 of Title 2),
shall become effective at the beginning of the first pay period which
begins on or after the date of enactment of this title (Dec. 16,
1967).''
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501(a) of
Pub. L. 88-426.
Amendment by Pub. L. 86-370 effective Sept. 23, 1959, see section
7(a) of Pub. L. 86-370.
The increased compensation provided for by act Oct. 15, 1949, took
effect on first day of first pay period which began after Oct. 15,
1949, see section 9 of act Oct. 15, 1949.
1987 -- Salaries of Director and Deputy Director increased
respectively to $89,500 and $72,500 per annum, on recommendation of the
President of the United States, see note set out under section 358 of
Title 2, The Congress.
1977 -- Salaries of Director and Deputy Director increased
respectively to $54,500 and $48,500 per annum, on recommendation of the
President of the United States, see note set out under section 358 of
Title 2.
1969 -- Salaries of Director and Deputy Director increased
respectively from $30,000 and $28,000 to $40,000 and $36,000 per annum,
commencing February 14, 1969, on recommendation of the President of the
United States, see note set out under section 358 of Title 2.
1967 -- Pub. L. 90-206, title II, 213(a), Dec. 16, 1967, 81 Stat.
635, provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed by or pursuant to paragraph (2) of subdivision
of a section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)), section
3656 of Title 18, United States Code, the third sentence of section 603,
sections 671 to 675, inclusive, or section 604(a)(5), of Title 28,
United States Code, insofar as the latter section applies to graded
positions, are hereby increased by amounts reflecting the respective
applicable increases provided by section 202(a) of this title (amending
section 5332(a) of Title 5, Government Organization and Employees) in
corresponding rates of compensation for officers and employees subject
to section 5332 of Title 5, United States Code. The rates of basic
compensation of officers and employees holding ungraded positions and
whose salaries are fixed pursuant to such section 604(a)(5) may be
increased by the amounts reflecting the respective applicable increases
provided by section 202(a) of this title (amending section 5332(a) of
Title 5) in corresponding rates of compensation for officers and
employees subject to section 5332 of Title 5, United States Code.''
Section 213(a) of Pub. L. 90-206 effective as of beginning of first
pay period which begins on or after Oct. 1, 1967, see section 220(a)(2)
of Pub. L. 90-206, set out as a note under section 5332 of Title 5.
1966 -- Pub. L. 89-504, title II, 202(a), July 18, 1966, 80 Stat.
293, provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed by or pursuant to paragraph (2) of subdivision
a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)), section
3656 of title 18, United States Code, the third sentence of section 603,
sections 671 to 675, inclusive, or section 604(a)(5), of title 28,
United States Code, insofar as the latter section applies to graded
positions, are hereby increased by amounts reflecting the respective
applicable increases provided by section 102(a) of title I of this Act
(amending section 1113(b) of former Title 5, Executive Departments and
Government Officers and Employees) in corresponding rates of
compensation for officers and employees subject to the Classification
Act of 1949, as amended. The rates of basic compensation of officers
and employees holding ungraded positions and whose salaries are fixed
pursuant to such section 604(a)(5) may be increased by the amounts
reflecting the respective applicable increases provided by section
102(a) of title I of this Act in corresponding rates of compensation for
officers and employees subject to the Classification Act of 1949, as
amended (chapter 51 and subchapter III of chapter 53 of Title 5,
Government Organization and Employees).''
Section 203 of title II of Pub. L. 89-504 provided that: ''This
title shall become effective as follows:
''(1) This section and section 201 (enacting provisions set out as a
note under section 1 of this title) shall become effective on the date
of enactment of this Act (July 18, 1966),
''(2) Section 202 (enacting provisions set out as note above and
under sections 604 and 753 of this title) shall become effective on the
first day of the first pay period which begins on or after July 1,
1966.''
1965 -- Pub. L. 89-301, 12(a), Oct. 29, 1965, 79 Stat. 1121,
provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed by or pursuant to paragraph (2) of subdivision
a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)) section
3656 of Title 18, United States Code, the third sentence of section 603,
sections 671 to 675, inclusive, or section 604(a)(5), of Title 28,
United States Code, insofar as the latter section applies to graded
positions, are hereby increased by amounts reflecting the respective
applicable increases provided by section 2(a) of this Act (amending
section 1113(b) of former Title 5, Executive Departments and Government
Officers and Employees) in corresponding rates of compensation for
officers and employees subject to the Classification Act of 1949, as
amended (chapter 51 and subchapter III of chapter 53 of Title 5,
Government Organization and Employees). The rates of basic compensation
of officers and employees holding ungraded positions and whose salaries
are fixed pursuant to such section 604(a)(5) (section 604(a)(5) of this
title) may be increased by the amounts reflecting the respective
applicable increases provided by section 2(a) of this Act in
corresponding rates of compensation for officers and employees subject
to the Classification Act of 1949, as amended (chapter 51 and subchapter
III of chapter 53 of Title 5).''
1964 -- Pub. L. 88-426, title IV, 402(a), Aug. 14, 1964, 78 Stat.
433, provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed by or pursuant to paragraph (2) of subdivision
a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)), section
3656 of title 18, United States Code, the third sentence of section 603,
sections 672 to 675, inclusive, or section 604(a)(5), of title 28,
United States Code, insofar as the latter section applies to graded
positions, are hereby increased by amounts reflecting the respective
applicable increases provided by title I of this Act in corresponding
rates of compensation for officers and employees subject to the
Classification Act of 1949, as amended (chapter 51 and subchapter III of
chapter 53 of Title 5, Government Organization and Employees). The
rates of basic compensation of officers and employees holding ungraded
positions and whose salaries are fixed pursuant to section 604(a)(5)
(section 604(a)(5) of this title) may be increased by the amounts
reflecting the respective applicable increases provided by title I of
this Act in corresponding rates of compensation for officers and
employees subject to the Classification Act of 1949, as amended (chapter
51 and subchapter III of chapter 53 of Title 5).''
1962 -- Pub. L. 87-793, title VI, 1004(a), Oct. 11, 1962, 76 Stat.
866, provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed by or pursuant to paragraph (2) of subdivision
a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)), section
3656 of title 18 of the United States Code, the third sentence of
section 603, section 604(a)(5), or section 672 to 675 inclusive, of
title 28 of the United States Code, or section 107(a)(6) of the Act of
July 31, 1956, as amended (5 U.S.C. 2206(a)(6)) (section 2206(a)(b) of
former Title 5, Executive Departments and Government Officers and
Employees), are hereby increased by two amounts, the first amount to be
effective for the period beginning as of the first day of the first pay
period which begins on or after the date of enactment of this Act (Oct
11, 1962), and ending immediately prior to the first day of the first
pay period which begins on or after January 1, 1964, and the second
amount to be effective on the first day of the first pay period which
begins on or after January 1, 1964, and thereafter, which reflect the
respective applicable increases provided by title II of this part in
corresponding rates of compensation for officers and employees subject
to the Classification Act of 1949, as amended (chapter 51 and subchapter
III of chapter 53 of Title 5, Government Organization and Employees).''
1960 -- Pub. L. 86-568, title I, 116(a), July 1, 1960, 74 Stat.
303, provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed by or pursuant to paragraph (2) of subdivision
a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)), section
3656 of title 18 of the United States Code, the third sentence of
section 603, section 604(a)(5), or sections 672 to 675, inclusive, of
title 28 of the United States Code, or section 107(a)(6) of the Act of
July 31, 1956, as amended (5 U.S.C. 2206(a)(6)), are hereby increased
by amounts equal to the increases provided by section 612 (112) of this
part (amending former section 1113(b) of Title 5) in corresponding rates
of compensation paid to officers and employees subject to the
Classification Act of 1949, as amended (chapter 51 and subchapter III of
chapter 53 of Title 5, Government Organization and Employees).''
Pub. L. 87-367, title III, 302(d), Oct. 4, 1961, 75 Stat. 793,
provided that: ''On and after the effective date of this subsection,
section 116(a) of the Federal Employees Salary Increase Act of 1960
(Part B of the Act of July 1, 1960; 74 Stat. 303; Public Law 86-568)
(set out as a note above) shall not be applicable with respect to the
Deputy Director of the Administrative Office of the United States
Courts.''
1958 -- Pub. L. 85-462, 3(a), June 20, 1958, 72 Stat. 207,
provided that: ''The rates of basic compensation of officers and
employees in or under the judicial branch of the Government whose rates
of compensation are fixed pursuant to paragraph (2) of subdivision a of
section 62 of the Bankruptcy Act (11 U.S.C. (a)(2)), section 3656 of
title 18 of the United States Code, the third sentence of section 603,
section 604(a)(5), or sections 672 to 675 inclusive, of title 28 of the
United States Code are hereby increased by amounts equal to the
increases provided by section 2 of this Act in corresponding rates of
compensation paid to officers and employees subject to the
Classification Act of 1949, as amended (chapter 51 and subchapter III of
chapter 53 of Title 5, Government Organization and Employees).''
Section 2 of this Act, referred to above, amended section 1113(b) of
former Title 5, Executive Departments and Government Officers and
Employees, to increase compensation rates.
1955 -- Act June 28, 1955, ch. 189, 3(a), 69 Stat. 175, provided
that: ''The rates of basic compensation of officers and employees in or
under the judicial branch of the Government whose rates of compensation
are fixed pursuant to paragraph (2) of subdivision a of section 62 of
the Bankruptcy Act (11 U.S.C., sec. 102(a)(2)), section 3656 of title
18 of the United States Code, the second and third sentences of section
603, section 604(a)(5), or sections 672 to 675, inclusive, of title 28
of the United States Code are hereby increased by amounts equal to the
increases provided by section 2 of this Act in corresponding rates of
compensation paid to officers and employees subject to the
Classification Act of 1949, as amended (chapter 51 and subchapter III of
chapter 53 of Title 5, Government Organization and Employees).''
1951 -- Act Oct. 24, 1951, ch. 554, 1(c), 65 Stat. 613, provided
that: ''The rates of basic compensation of officers and employees in or
under the judicial branch of the Government whose rates of compensation
are fixed pursuant to section 62(2) of the Bankruptcy Act (11 U.S.C.
102(a)(2)), section 3656 of title 18 of the United States Code the
second and third sentences of section 603, section 604(5), or sections
672 to 675, inclusive, of title 28 of the United States Code, or who are
appointed pursuant to section 792(b) of title 28 of the United States
Code, are hereby increased by amounts equal to the increases provided by
subsections (a) and (b) in corresponding rates of compensation paid to
officers and employees subject to the Classification Act of 1949
(chapter 51 and subchapter III of chapter 53 of Title 5, Government
Organization and Employees).''
References in any other law to Assistant Director of the
Administrative Office of the United States Courts deemed to be reference
to the Deputy Director of the Administrative Office of the United States
Courts, see note set out under section 601 of this title.
28 USC 604. Duties of Director generally
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director shall be the administrative officer of the courts,
and under the supervision and direction of the Judicial Conference of
the United States, shall:
(1) Supervise all administrative matters relating to the offices of
clerks and other clerical and administrative personnel of the courts;
(2) Examine the state of the dockets of the courts; secure
information as to the courts' need of assistance; prepare and transmit
semiannually to the chief judges of the circuits, statistical data and
reports as to the business of the courts;
(3) Submit to the annual meeting of the Judicial Conference of the
United States, at least two weeks prior thereto, a report of the
activities of the Administrative Office and the state of the business of
the courts, together with the statistical data submitted to the chief
judges of the circuits under paragraph (a)(2) of this section, and the
Director's recommendations, which report, data and recommendations shall
be public documents.
(4) Submit to Congress and the Attorney General copies of the report,
data and recommendations required by paragraph (a)(3) of this section;
(5) Fix the compensation of clerks of court, deputies, librarians,
criers, messengers, law clerks, secretaries, stenographers, clerical
assistants, and other employees of the courts whose compensation is not
otherwise fixed by law;
(6) Determine and pay necessary office expenses of courts, judges,
and those court officials whose expenses are by law allowable, and the
lawful fees of United States Commissioners;
(7) Regulate and pay annuities to widows and surviving dependent
children of justices and judges of the United States, judges of the
United States Court of Federal Claims, bankruptcy judges, United States
magistrates, Directors of the Federal Judicial Center, and Directors of
the Administrative Office, and necessary travel and subsistence expenses
incurred by judges, court officers and employees, and officers and
employees of the Administrative Office, and the Federal Judicial Center,
while absent from their official stations on official business, without
regard to the per diem allowances and amounts for reimbursement of
actual and necessary expenses established by the Administrator of
General Services under section 5702 of title 5, except that the
reimbursement of subsistence expenses may not exceed that authorized by
the Director for judges of the United States under section 456 of this
title;
(8) Disburse, directly or through the several United States marshals,
moneys appropriated for the maintenance and operation of the courts;
(9) Establish pretrial services pursuant to section 3152 of title 18,
United States Code;
(10)(A) Purchase, exchange, transfer, distribute, and assign the
custody of lawbooks, equipment, supplies, and other personal property
for the judicial branch of Government (except the Supreme Court unless
otherwise provided pursuant to paragraph (17)); (B) provide or make
available readily to each court appropriate equipment for the
interpretation of proceedings in accordance with section 1828 of this
title; and (C) enter into and perform contracts and other transactions
upon such terms as the Director may deem appropriate as may be necessary
to the conduct of the work of the judicial branch of Government (except
the Supreme Court unless otherwise provided pursuant to paragraph (17)),
and contracts for nonpersonal services providing pretrial services,
agencies, for the interpretation of proceedings, and for the provision
of special interpretation services pursuant to section 1828 of this
title may be awarded without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5);
(11) Audit vouchers and accounts of the courts, the Federal Judicial
Center, the offices providing pretrial services, and their clerical and
administrative personnel;
(12) Provide accommodations for the courts, the Federal Judicial
Center, the offices providing pretrial services and their clerical and
administrative personnel;
(13) Lay before Congress, annually, statistical tables that will
accurately reflect the business transacted by the several bankruptcy
courts, and all other pertinent data relating to such courts;
(14) Pursuant to section 1827 of this title, establish a program for
the certification and utilization of interpreters in courts of the
United States;
(15) Pursuant to section 1828 of this title, establish a program for
the provision of special interpretation services in courts of the United
States;
(16)(A) In those districts where the Director considers it advisable
based on the need for interpreters, authorize the full-time or part-time
employment by the court of certified interpreters; (B) where the
Director considers it advisable based on the need for interpreters,
appoint certified interpreters on a full-time or part-time basis, for
services in various courts when he determines that such appointments
will result in the economical provision of interpretation services; and
(C) pay out of moneys appropriated for the judiciary interpreters'
salaries, fees, and expenses, and other costs which may accrue in
accordance with the provisions of sections 1827 and 1828 of this title;
(17) In the Director's discretion, (A) accept and utilize voluntary
and uncompensated (gratuitous) services, including services as
authorized by section 3102(b) of title 5, United States Code; and (B)
accept, hold, administer, and utilize gifts and bequests of personal
property for the purpose of aiding or facilitating the work of the
judicial branch of Government, but gifts or bequests of money shall be
covered into the Treasury;
(18) Establish procedures and mechanisms within the judicial branch
for processing fines, restitution, forfeitures of bail bonds or
collateral, and assessments;
(19) Regulate and pay annuities to bankruptcy judges and United
States magistrates in accordance with section 377 of this title and
paragraphs (1)(B) and (2) of section 2(c) of the Retirement and
Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988;
(20) Periodically compile --
(A) the rules which are prescribed under section 2071 of this title
by courts other than the Supreme Court;
(B) the rules which are prescribed under section 372(c)(11) of this
title; and
(C) the orders which are required to be publicly available under
section 372(c)(15) of this title;
so as to provide a current record of such rules and orders;
(21) Establish a program of incentive awards for employees of the
judicial branch of the United States Government, other than any judge
who is entitled to hold office during good behavior;
(22) Receive and expend, either directly or by transfer to the United
States Marshals Service or other Government agency, funds appropriated
for the procurement, installation, and maintenance of security equipment
and protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress/egress control, inspection of
packages, directed security patrols, and other similar activities;
(23) Regulate and pay annuities to judges of the United States Court
of Federal Claims in accordance with section 178 of this title; and /1/
(24) /2/ Perform such other duties as may be assigned to him by the
Supreme Court or the Judicial Conference of the United States. /3/
(24) /2/ Lay before Congress, annually, statistical tables that will
accurately reflect the business imposed on the Federal courts by the
savings and loan crisis.
(b) The clerical and administrative personnel of the courts shall
comply with all requests by the Director for information or statistical
data as to the state of court dockets.
(c) Inspection of court dockets outside the continental United States
may be made through United States officials residing within the
jurisdiction where the inspection is made.
(d) The Director, under the supervision and direction of the
conference, shall:
(1) supervise all administrative matters relating to the offices of
the United States magistrates;
(2) gather, compile, and evaluate all statistical and other
information required for the performance of his duties and the duties of
the conference with respect to such officers;
(3) lay before Congress annually statistical tables and other
information which will accurately reflect the business which has come
before the various United States magistrates, including (A) the number
of matters in which the parties consented to the exercise of
jurisdiction by a magistrate, (B) the number of appeals taken pursuant
to the decisions of magistrates and the disposition of such appeals, and
(C) the professional background and qualifications of individuals
appointed under section 631 of this title to serve as magistrate;
(4) prepare and distribute a manual, with annual supplements and
periodic revisions, for the use of such officers, which shall set forth
their powers and duties, describe all categories of proceedings that may
arise before them, and contain such other information as may be required
to enable them to discharge their powers and duties promptly,
effectively, and impartially.
(e) The Director may promulgate appropriate rules and regulations
approved by the conference and not inconsistent with any provision of
law, to assist him in the performance of the duties conferred upon him
by subsection (d) of this section. Magistrates shall keep such records
and make such reports as are specified in such rules and regulations.
(f) The Director may make, promulgate, issue, rescind, and amend
rules and regulations (including regulations prescribing standards of
conduct for Administrative Office employees) as may be necessary to
carry out the Director's functions, powers, duties, and authority. The
Director may publish in the Federal Register such rules, regulations,
and notices for the judicial branch of Government as the Director
determines to be of public interest; and the Director of the Federal
Register hereby is authorized to accept and shall publish such
materials.
(g)(1) When authorized to exchange personal property, the Director
may exchange or sell similar items and may apply the exchange allowance
or proceeds of sale in such cases in whole or in part payment for the
property acquired, but any transaction carried out under the authority
of this subsection shall be evidenced in writing.
(2) The Director hereby is authorized to enter into contracts for
public utility services and related terminal equipment for periods not
exceeding ten years.
(3)(A) In order to promote the recycling and reuse of recyclable
materials, the Director may provide for the sale or disposal of
recyclable scrap materials from paper products and other consumable
office supplies held by an entity within the judicial branch.
(B) The sale or disposal of recyclable materials under subparagraph
(A) shall be consistent with the procedures provided in section 203 of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484) for the sale of surplus property.
(C) Proceeds from the sale of recyclable materials under subparagraph
(A) shall be deposited as offsetting collections to the fund established
under section 1931 of this title and shall remain available until
expended to reimburse any appropriations for the operation and
maintenance of the judicial branch.
(h)(1) The Director shall, out of funds appropriated for the
operation and maintenance of the courts, provide facilities and pay
necessary expenses incurred by the judicial councils of the circuits and
the Judicial Conference under section 372 of this title, including
mileage allowance and witness fees, at the same rate as provided in
section 1821 of this title. Administrative and professional assistance
from the Administrative Office of the United States Courts may be
requested by each judicial council and the Judicial Conference for
purposes of discharging their duties under section 372 of this title.
(2) The Director of the Administrative Office of the United States
Courts shall include in his annual report filed with the Congress under
this section a summary of the number of complaints filed with each
judicial council under section 372(c) of this title, indicating the
general nature of such complaints and the disposition of those
complaints in which action has been taken.
(June 25, 1948, ch. 646, 62 Stat. 914; Aug. 3, 1956, ch. 944, 3, 70
Stat. 1026; Dec. 20, 1967, Pub. L. 90-219, title II, 203(a)-(c), 81
Stat. 669; Oct. 17, 1968, Pub. L. 90-578, title II, 201, 82 Stat.
1114; Aug. 22, 1972, Pub. L. 92-397, 4, 86 Stat. 580; Jan. 3, 1975,
Pub. L. 93-619, title II, 204, 88 Stat. 2089; Oct. 28, 1978, Pub. L.
95-539, 3, 4, 92 Stat. 2043; Nov. 6, 1978, Pub. L. 95-598, title II,
225, 92 Stat. 2664; Oct. 10, 1979, Pub. L. 96-82, 5, 93 Stat. 645;
Oct. 15, 1980, Pub. L. 96-458, 5, 94 Stat. 2040; Dec. 12, 1980, Pub.
L. 96-523, 1(c)(1), 94 Stat. 3040; Sept. 27, 1982, Pub. L. 97-267,
7, 96 Stat. 1139; Oct. 27, 1986, Pub. L. 99-554, title I, 116, 100
Stat. 3095; Dec. 11, 1987, Pub. L. 100-185, 2, 101 Stat. 1279; Nov.
15, 1988, Pub. L. 100-659, 6(a), 102 Stat. 3918; Nov. 19, 1988, Pub.
L. 100-702, title IV, 402(a), title X, 1008, 1010, 1011, 1020(a)(2),
102 Stat. 4650, 4667, 4668, 4671; Oct. 30, 1990, Pub. L. 101-474,
5(r), 104 Stat. 1101; Nov. 29, 1990, Pub. L. 101-647, title XXV,
2548, 104 Stat. 4888; Dec. 1, 1990, Pub. L. 101-650, title III,
306(e)(1), 325(c)(1), 104 Stat. 5111, 5121; Oct. 29, 1992, Pub. L.
102-572, title V, 503, title IX, 902(b)(1), 106 Stat. 4513, 4516.)
Based on sections 726-1 and 726a of title 18, U.S.C., 1940 ed.,
Criminal Code and Criminal Procedure, and sections 1130(a)(b) and 1131
of title 26, U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C.,
1940 ed., 9, 128, 222a, 245, 268a, 278a, 302-306, 374b, 446, 447, 450,
544, 545, 547, 557, 558, 560, 561, 561a, 562, 563, 565, 566, 595, and
596 and sections 11-204 and 11-403, District of Columbia Code, 1940 ed.
(R.S. 1075, 1085; Mar. 3, 1891, ch. 517, 2, 9, 26 Stat. 826, 829;
Feb. 9, 1893, ch. 74, 4, 27 Stat. 435; July 30, 1894, ch. 172, 1, 28
Stat. 160; Mar. 3, 1901, ch. 854, 224, 31 Stat. 1224; June 30, 1902,
ch. 1329, 32 Stat. 528; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar.
3, 1911, ch. 231, 5, 36 Stat. 1088; Mar. 3, 1911, ch. 231, 118a, as
added June 17, 1930, ch. 509, 46 Stat. 774; Mar. 3, 1911, ch. 231,
118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; Mar. 3, 1911, ch.
231, 140, 163, 171, 189-193, 291, 36 Stat. 1136, 1140, 1141, 1143,
1167; Mar. 3, 1911, ch. 231, 304, 305, 308, as added Aug. 7, 1939,
ch. 501, 1, 53 Stat. 1223; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb.
26, 1919, ch. 49, 1, 2, 3, 4, 5, 7, 8, 40 Stat. 1182; July 19, 1919,
ch. 24, 1, 41 Stat. 210; Nov. 4, 1919, ch. 93, 1, 41 Stat. 338;
Feb. 11, 1921, ch. 46, 41 Stat. 1099; Feb. 22, 1921, ch. 70, 7, 41
Stat. 1144; Mar. 4, 1921, ch. 161, 41 Stat. 1412; June 1, 1922, ch.
204, title II, 42 Stat. 616; Jan. 3, 1923, ch. 21, title II, 42 Stat.
1084; Mar. 4, 1923, ch. 265, 42 Stat. 1488; May 28, 1924, ch. 204,
title II, 43 Stat. 221; Feb. 27, 1925, ch. 364, title II, 43 Stat.
1030; Apr. 29, 1926, ch. 195, title II, 44 Stat. 346, 347; May 21,
1928, ch. 659, 45 Stat. 645; Mar. 2, 1929, ch. 488, 1, 45 Stat. 1475;
June 16, 1930, ch. 494, 46 Stat. 589; May 17, 1932, ch. 190, 47 Stat.
158; June 25, 1936, ch. 804, 49 Stat. 1921; Apr. 27, 1938, ch. 180,
title II, 1, 52 Stat. 264; Feb. 10, 1939, ch. 2, 1130(a)(b), 1131,
53 Stat. 162, 163; June 29, 1939, ch. 248, title II, 53 Stat. 902; May
14, 1940, ch. 189, titles III, IV, 54 Stat. 204, 209, 210; June 28,
1941, ch. 258, title IV, 55 Stat. 300-302; July 2, 1942, ch. 472, title
IV, 56 Stat. 503, 504; June 28, 1943, ch. 173, title II, 201, 57
Stat. 242, 243; June 26, 1944, ch. 277, title II, 201, 58 Stat. 357;
Dec. 7, 1944, ch. 522, 1, 58 Stat. 796; May 21, 1945, ch. 129, titles
II, IV, 59 Stat. 184, 199; July 5, 1946, ch. 541, title IV, 60 Stat.
478, 479).
For purposes of uniformity, all provisions of law governing the
regulation and allowance of office, travel, and subsistence expenses of
all officers and employees of the courts, except those provisions
relating to Supreme Court officers and employees, are incorporated in
subsection (a)(6)(7) of this section. Likewise the provisions
respecting the compensation of court officers and employees, except
those of the Supreme Court, are incorporated in subsection (a)(5). In
each instance the power to fix and determine such salaries and expenses
is transferred to the Director of the Administrative Office of the
United States Courts. This change is in conformity with the
Administrative Office Act 1939 included in this chapter.
Compensation of bailiffs however is provided by sections 713 and 755
of this title and that of court reporters by section 753 of this title.
Salaries and travel expenses of Court of Claims Commissioners are
covered by section 792 of this title.
The language ''and the lawful fees of United States Commissioners''
in subsection (a)(6) and ''the offices of the United States
Commissioners'' in subsection (a)(9) is new. It conforms with sections
633, 636 and 639 of this title.
Subsection (a)(5)(7) covers the provisions of section 726-1 and 726a
of title 18, U.S.C., 1940 ed., which provided that probation officers'
salaries should not be less than $1,800 nor more than $3,600 per annum
and their traveling expenses should not exceed more than 4 cents per
mile.
Words ''and officers and employees of the Administrative Office''
were added in subsection (a)(7) to expressly authorize travel and
subsistence expenses of such officers and employees.
The power to fix such pay and allowances is transferred to the
Director as above indicated, and conforms with the Administrative Office
Act of 1939. For further explanation of the general supervision of
probation officers, see reviser's note under section 3654, H. Rept. to
accompany H.R. 3190 for revision of title 18, U.S.C.
Subsection (a)(8) covers the provisions of section 1131 of title 26,
U.S.C. 1940 ed. Such section 1131 authorized the Tax Court, successor
to the Board of Tax Appeals, to make expenditures for personal services,
rent, law books, reference books, periodicals, and provided that all
expenditures should be paid out of appropriations for the Tax Court, on
itemized vouchers approved by the court.
Two references to ''officials and employees covered by this chapter''
were changed to ''clerical and administrative personnel,'' following the
language of paragraph (a)(1), conferring general power to supervise such
personnel as respects administrative matters.
Similar language was used in paragraph (b) instead of ''The clerks of
the district courts, their deputies and assistants, and all other
employees of said courts.''
The provisions of section 374b of title 28, U.S.C., 1940 ed., based
on successive acts relating to classification and compensation of
secretaries and law clerks were omitted as temporary and unnecessary in
revision, in view of subsection (a)(5) of this section under which the
salaries of all personnel are necessarily limited by current
appropriation acts.
For increases in basic rates of compensation for other judicial
officers and employees see, also, section 521 of Act June 30, 1945, ch.
212.
The designation ''senior circuit judges'' was changed to ''chief
judges of the circuits'' in conformity with section 45 of this title.
Provisions of section 11-204 of District of Columbia Code, 1940 ed.,
relating to appointment of clerk of the United States Court of Appeals
for the District of Columbia, and deputy clerk, crier, and messenger
thereof, and the provisions relating to accounting for fees, are
incorporated in sections 711 and 713 of this title. Provisions of said
section, requiring the clerk of such court to give bond, were omitted as
covered by section 952 of this title. Provisions of said section,
relating to regulation of clerk's fees by such court were omitted so as
to render uniform the method of such regulation as prescribed by section
1913 of this title, and the provisions of said section, placing a
maximum of five hundred dollars per year on the office expenditures of
the clerk of such court, were omitted as inconsistent with this
consolidated section.
For distribution of other provisions of sections on which this
section is based, see Distribution Table.
Changes were made in phraseology and arrangement.
By Senate amendment, all provisions relating to the Tax Court were
eliminated, therefore, as finally enacted, sections 1130(a)(b) and 1131
of Title 26, U.S.C., Internal Revenue Code (1940 ed.), did not
constitute part of the source of this section. However, no change in
the text of the section was necessary. See 80th Congress Senate Report
No. 1559.
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61
Stat. 304, 305, which was classified to title 28, U.S.C., 1946 ed.,
374b, became one of the sources of this section and was accordingly
included in the schedule of repeals by Senate amendment. See 80th
Congress Senate Report No. 1559.
Section 2(c) of the Retirement and Survivors' Annuities for
Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec.
(a)(19), is section 2(c) of Pub. L. 100-659, Nov. 15, 1988, 102 Stat.
3916, which is set out as a note under section 377 of this title.
1992 -- Subsec. (a)(7), (23). Pub. L. 102-572, 902(b)(1),
substituted ''United States Court of Federal Claims'' for ''United
States Claims Court''.
Subsec. (g)(3). Pub. L. 102-572, 503, added par. (3).
1990 -- Subsec. (a)(7). Pub. L. 101-650, 325(c)(1), amended Pub.
L. 100-702, 1011. See 1988 Amendment note below.
Pub. L. 101-650, 306(e)(1)(B)(i), inserted ''judges of the United
States Claims Court,'' before ''bankruptcy judges''.
Subsec. (a)(19). Pub. L. 101-474, 5(r), and Pub. L. 101-650,
306(e)(1)(A), made identical technical amendment to directory language
of Pub. L. 100-702, 402(a)(1). See 1988 Amendment note below.
Subsec. (a)(23). Pub. L. 101-650, 306(e)(1)(B)(iii), added par.
(23). Former par. (23) redesignated (24).
Pub. L. 101-474, 5(r), and Pub. L. 101-650, 306(e)(1)(A), made
identical technical amendments to directory language of Pub. L.
100-702, 402(a)(1). See 1988 Amendment note below.
Subsec. (a)(24). Pub. L. 101-650, 306(e)(1)(B)(ii), redesignated
par. (23), relating to performance of other duties, as (24).
Pub. L. 101-647 added par. (24) relating to statistical tables.
1988 -- Subsec. (a)(2). Pub. L. 100-702, 1020(a)(2), substituted
''semiannually'' for ''quarterly''.
Subsec. (a)(7). Pub. L. 100-702, 1011, as amended by Pub. L.
101-650, 325(c)(1), which directed amendment of par. (7) ''by (sic) at
the end the following: 'without regard to the per diem allowances and
amounts for reimbursement of actual and necessary expenses established
by the Administrator of General Services under section 5702 of title 5,
except that the reimbursement of subsistence expenses may not exceed
that authorized by the Director for judges of the United States under
section 456 of this title;''' was executed by inserting the new language
after the comma at the end to reflect the probable intent of Congress.
Pub. L. 100-659, 6(a)(1), inserted ''bankruptcy judges, United
States magistrates,'' after ''United States,''.
Subsec. (a)(14), (15). Pub. L. 100-702, 1008(1), redesignated par.
(14), relating to provision of special interpretation services in courts
of United States, as (15). Former par. (15) redesignated (16).
Subsec. (a)(16), (17). Pub. L. 100-702, 1008(1), redesignated pars.
(15) and (16) as (16) and (17), respectively. Former par. (17)
redesignated (18).
Subsec. (a)(18). Pub. L. 100-702, 1008(1), redesignated par. (17)
as (18). Former par. (18), as added by Pub. L. 100-659, redesignated
(19).
Pub. L. 100-659, 6(a)(3), added par. (18). Former par. (18)
redesignated (19).
Subsec. (a)(19). Pub. L. 100-702, 1008(2), redesignated par. (19),
as added by Pub. L. 100-702, 402(a)(2), as (20).
Pub. L. 100-702, 402(a), as amended by Pub. L. 101-474, 5(r), and
Pub. L. 101-650, 306(e)(1)(A), redesignated par. (19), relating to
performance of other duties, as (23) and added par. (19) relating to
compilation of rules and orders.
Pub. L. 100-659, 6(a)(2), redesignated par. (18), relating to
performance of other duties, as (19).
Subsec. (a)(20). Pub. L. 100-702, 1008(2), redesignated par. (19),
as added by Pub. L. 100-702, 402(a)(2), as (20).
Subsec. (a)(21). Pub. L. 100-702, 1008(2), added par. (21).
Subsec. (a)(22). Pub. L. 100-702, 1010, added par. (22).
Subsec. (a)(23). Pub. L. 100-702, 402(a)(1), as amended by Pub. L.
101-474, 5(r), and Pub. L. 101-650, 306(e)(1)(A), redesignated par.
(19), relating to performance of other duties, as (23).
1987 -- Subsec. (a)(17), (18). Pub. L. 100-185 added par. (17) and
redesignated former par. (17) as (18).
1986 -- Subsec. (f). Pub. L. 99-554 struck out subsec. (f) as added
by Pub. L. 99-598, 225(b), which related to the Director naming
qualified persons to membership on the panel of trustees, their number,
qualifications, removal, etc.
1982 -- Subsec. (a)(9). Pub. L. 97-267, 7(1), struck out
''agencies'' after ''pretrial services''.
Subsec. (a)(10). Pub. L. 97-267, 7(2), substituted ''providing
pretrial services'' for ''for pretrial services agencies''.
Subsec. (a)(11). Pub. L. 97-267, 7(3), substituted ''offices
providing pretrial services'' for ''pretrial service agencies''.
Subsec. (a)(12). Pub. L. 97-267, 7(4), substituted ''offices
providing pretrial services'' for ''pretrial services agencies''.
1980 -- Subsec. (a)(16)(A). Pub. L. 96-523 inserted ''(b)'' after
''3102''.
Subsec. (h). Pub. L. 96-458 added subsec. (h).
1979 -- Subsec. (d)(3). Pub. L. 96-82 added cls. (A), (B), and (C).
1978 -- Subsec. (a)(10). Pub. L. 95-539, 3(a), expanded the duties
of the Director to include providing or making available equipment for
interpretation of proceedings in accordance with section 1828 of this
title and to include entering into and performing contracts necessary to
the conduct of the work of the judicial branch and exempted from the
provisions of section 5 of title 41 contracts for nonpersonal services
for pretrial agencies, for interpretation of proceedings, and for
special interpretation services pursuant to section 1828 of this title.
Subsec. (a)(13), (14). Pub. L. 95-598, 225(a), added par. (13)
relating to annual statistical tables reflecting the business of the
several bankruptcy courts, and redesignated former par. (13), relating
to provision of special interpretation services in courts of the United
States, as (14).
Subsec. (a)(13) to (16). Pub. L. 95-539, 3(b), (c), added pars.
(13) to (16). Former par. (13) redesignated (17).
Subsec. (a)(17). Pub. L. 95-539, 3(b), redesignated former par.
(13) as (17).
Subsec. (f). Pub. L. 95-598, 225(b), added subsec. (f) relating to
the naming of qualified persons to membership on the panel of trustees.
Subsecs. (f), (g). Pub. L. 95-539, 4, added subsecs. (f) and (g).
1975 -- Subsec. (a)(9). Pub. L. 93-619 added par. (9). Former par.
(9) redesignated (10).
Subsec. (a)(10). Pub. L. 93-619 redesignated former par. (9) as (10)
and substituted ''the offices of the United States magistrates and
commissioners, and the offices of pretrial services agencies'' for and
the Administrative Office and the offices of the United States
magistrates''. Former par. (10) redesignated (11).
Subsec. (a)(11). Pub. L. 93-619 redesignated former par. (10) as
(11) and inserted reference to pretrial service agencies. Former par.
(11) redesignated (12).
Subsec. (a)(12). Pub. L. 93-619 redesignated former par. (11) as
(12) and inserted reference to pretrial service agencies. Former par.
(12) redesignated (13).
Subsec. (a)(13). Pub. L. 93-619 redesignated former (12) as (13).
1972 -- Subsec. (a)(7). Pub. L. 92-397 substituted ''children of
justices and judges of the United States'' for ''children of judges''.
1968 -- Subsec. (a)(9). Pub. L. 90-578, 201(a), substituted
''United States magistrates'' for ''United States Commissioners''.
Subsecs. (d), (e). Pub. L. 90-578 201(b), added subsecs. (d) and
(e).
1967 -- Subsec. (a)(7). Pub. L. 90-219, 203(a), amended par. (7)
generally, inserting '', Directors of the Federal Judicial Center, and
Directors of the Administrative Office,'' after ''judges'' and ''and the
Federal Judicial Center,'' after ''Administrative Office''.
Subsec. (a)(9). Pub. L. 90-219, 203(b), inserted '', the Federal
Judicial Center,'' after ''courts''.
Subsec. (a)(10), (11). Pub. L. 90-219, 203(c), inserted '', the
Federal Judicial Center,'' after ''courts''.
1956 -- Subsec. (a)(7). Act Aug. 3, 1956, inserted ''annuities to
widows and surviving dependent children of judges and'' after ''Regulate
and pay''.
Reference to United States Commissioners deemed to be reference to
United States Magistrates pursuant to Pub. L. 90-578, title IV,
402(b)(2), Oct. 17, 1968, 82 Stat. 1108. See chapter 43 ( 631 et seq.)
of this title.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by section 503 of 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.
Amendment by section 902(b)(1) of Pub. L. 102-572 effective Oct.
29, 1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Amendment by section 306(e)(1) of Pub. L. 101-650 applicable to
judges of, and senior judges in active service with, the United States
Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of
Pub. L. 101-650, as amended, set out as a note under section 8331 of
Title 5, Government Organization and Employees.
Amendment by section 402(a) of Pub. L. 100-702 effective Dec. 1,
1988, see section 407 of Pub. L. 100-702, set out as a note under
section 2071 of this title.
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and
applicable to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after Nov. 15, 1988, with exception
for judges and magistrates retiring on or after July 31, 1987, see
section 9 of Pub. L. 100-659, set out as an Effective Date note under
section 377 of this title.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,
1980, see section 3 of Pub. L. 96-523, set out as a note under section
3102 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7
of Pub. L. 96-458, set out as a note under section 331 of this title.
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.
Amendment by Pub. L. 95-539 effective Oct. 28, 1978, see section
10(a) of Pub. L. 95-539, set out as a note under section 602 of this
title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment by magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
For requirement that Director of Administrative Office of the United
States Courts include statistical information about implementation of
chapter 44 of this title in annual report under section 604(a)(3) of
this title, see section 903(a) of Pub. L. 100-702, set out as a note
under section 651 of this title.
Adjustment of rates of pay of judicial branch employees whose rates
of pay are fixed by administrative action by not to exceed the amounts
of the adjustment for corresponding rates for employees subject to the
section 2(a) of Pub. L. 91-231, which raised such corresponding rates
by 6 percent, effective on the first day of the first pay period which
begins on or after Dec. 27, 1969, see Pub. L. 91-231, set out as a
note under section 5332 of Title 5, Government Organization and
Employees.
Provisions authorizing the appointment and compensation of
secretaries and law clerks to circuit and district judges in such number
and at such rates of compensation as may be determined by the Judicial
Conference of the United States were contained in the following
appropriation acts:
Dec. 12, 1985, Pub. L. 99-180, title IV, 99 Stat. 1154.
Aug. 30, 1984, Pub. L. 98-411, title IV, 98 Stat. 1571.
Nov. 28, 1983, Pub. L. 98-166, title IV, 97 Stat. 1099.
Dec. 21, 1982, Pub. L. 97-377, 101(d) (S. 2956, title IV), 96 Stat.
1866.
Dec. 15, 1981, Pub. L. 97-92, 101(h) (incorporating Pub. L.
96-536, 101(o); H.R. 7584, title IV), 95 Stat. 1190.
Dec. 16, 1980, Pub. L. 96-536, 101(o) (H.R. 7584, title IV), 94
Stat. 3169.
Sept. 24, 1979, Pub. L. 96-68, title IV, 93 Stat. 428.
Oct. 10, 1978, Pub. L. 95-431, title IV, 92 Stat. 1037.
Aug. 2, 1977, Pub. L. 95-86, title IV, 91 Stat. 435.
July 14, 1976, Pub. L. 94-362, title IV, 90 Stat. 953.
Oct. 21, 1975, Pub. L. 94-121, title IV, 89 Stat. 630.
Oct. 5, 1974, Pub. L. 93-433, title IV, 88 Stat. 1202.
Nov. 27, 1973, Pub. L. 93-162, title IV, 87 Stat. 651.
Oct. 25, 1972, Pub. L. 92-544, title IV, 86 Stat. 1126.
Aug. 10, 1971, Pub. L. 92-77, title IV, 85 Stat. 262.
Oct. 21, 1970, Pub. L. 91-472, title IV, 84 Stat. 1056.
Dec. 24, 1969, Pub. L. 91-153, title IV, 83 Stat. 419.
Aug. 9, 1968, Pub. L. 90-470, title IV, 82 Stat. 685.
Nov. 8, 1967, Pub. L. 90-133, title IV, 81 Stat. 427.
Nov. 8, 1966, Pub. L. 89-797, title IV, 80 Stat. 1499.
Sept. 2, 1965, Pub. L. 89-164, title IV, 79 Stat. 638.
Aug. 31, 1964, Pub. L. 88-527, title IV, 78 Stat. 729.
Dec. 30, 1963, Pub. L. 88-245, title IV, 77 Stat. 795.
Oct. 18, 1962, Pub. L. 87-843, title IV, 76 Stat. 1099.
Sept. 21, 1961, Pub. L. 87-264, title III, 75 Stat. 555.
Aug. 31, 1960, Pub. L. 86-678, title III, 74 Stat. 566.
July 13, 1959, Pub. L. 86-84, title III, 73 Stat. 192.
June 30, 1958, Pub. L. 85-474, title III, 72 Stat. 254.
June 11, 1957, Pub. L. 85-40, title III, 70 Stat. 65.
June 20, 1956, ch. 414, title III, 70 Stat. 310.
July 7, 1955, ch. 279, title III, 69 Stat. 276.
July 2, 1954, ch. 455, title II, 68 Stat. 410.
Aug. 1, 1953, ch. 304, title II, 67 Stat. 334.
July 10, 1952, ch. 651, title IV, 66 Stat. 569.
Oct. 22, 1951, ch. 533, title IV, 65 Stat. 596.
Sept. 6, 1950, ch. 896, Ch. III, title IV, 64 Stat. 631.
1967 -- Pub. L. 90-206, title II, 213(b), Dec. 16, 1967, 81 Stat.
635, provided that: ''The limitations provided by applicable law on the
effective date of this section (see Effective Date of 1967 Amendment
Note set out under section 5332 of Title 5, Government Organization and
Employees) with respect to the aggregate salaries payable to secretaries
and law clerks of circuit and district judges are hereby increased by
amounts which reflect the respective applicable increases provided by
section 202(a) of this title (amending section 5332(a) of Title 5) in
corresponding rates of compensation for officers and employees subject
to section 5332 of Title 5, United States Code''.
Section 213(b) of Pub. L. 90-206 effective as of the beginning of
the first pay period which begins on or after Oct. 1, 1967, see section
220(a)(2) of Pub. L. 90-206, set out as a note under section 5332 of
Title 5.
1966 -- Pub. L. 89-504, title II, 202(b), July 18, 1966, 80 Stat.
294, provided that: ''The limitations provided by applicable law on the
effective date of this section with respect to the aggregate salaries
payable to secretaries and law clerks of circuit and district judges are
hereby increased by amounts which reflect the respective applicable
increases provided by section 102(a) of title I of this Act (amending
section 1113(b) of former Title 5, Executive Departments and Government
Officers and Employees) in corresponding rates of compensation for
officers and employees subject to the Classification Act of 1949, as
amended (chapter 51 and subchapter III of chapter 53 of Title 5,
Government Organization and Employees).''
Provision effective first day of first pay period which begins on or
after July 1, 1966, see section 203 of Pub. L. 89-504, set out as a
note under section 603 of this title.
1965 -- Pub. L. 89-301, 12(b), Oct. 29, 1965, 79 Stat. 1122,
provided that: ''The limitations provided by applicable law on the
effective date of this section with respect to the aggregate salaries
payable to secretaries and law clerks of circuit and district judges are
hereby increased by amounts which reflect the respective applicable
increases provided by section 2(a) of this Act (amending section 1113(b)
of former Title 5, Executive Departments and Government Officers and
Employees) in corresponding rates of compensation for officers and
employees subject to the Classification Act of 1949, as amended (chapter
51 and subchapter III of chapter 53 of Title 5, Government Organization
and Employees).''
1964 -- Pub. L. 88-426, title IV, 402(b), Aug. 14, 1964, 78 Stat.
433, provided that: ''The limitation provided by applicable law on the
effective date of this section with respect to the aggregate salaries
payable to secretaries and law clerks of circuit and district judges are
hereby increased by amounts which reflect the respective applicable
increases provided by the title I of this Act in corresponding rates of
compensation for officers and employees subject to the Classification
Act of 1949, as amended (chapter 51 and subchapter III of chapter 53 of
Title 5, Government Organization and Employees).''
1962 -- Pub. L. 87-793, title VI, 1004(b), Oct. 11, 1962, 76 Stat.
866, provided that: ''The limitations provided by applicable law on
the effective date of this section with respect to the aggregate
salaries payable to secretaries and law clerks of circuit and district
judges are hereby increased by two amounts, the first amount to be
effective for the period beginning as of the first day of the first pay
period which begins on or after the date of enactment of this Act (Oct.
11, 1962), and ending immediately prior to the first day of the first
pay period which begins on or after January 1, 1964, and the second
amount to be effective on the first day of the first pay period which
begins on or after January 1, 1964, and thereafter, which reflect the
respective applicable increases provided by title II of this part in
corresponding rates of compensation for officers and employees subject
to the Classification Act of 1949, as amended (chapter 51 and subchapter
III of chapter 53 of Title 5, Government Organization and Employees).''
1960 -- Pub. L. 86-568, title I, 116(b), July 1, 1960, 74 Stat.
303, provided that: ''The limitations provided by applicable law on the
effective date of this section with respect to the aggregate salaries
payable to secretaries and law clerks of circuit and district judges are
hereby increased by the amounts necessary to pay the additional basic
compensation provided by this part.''
Words ''this part'', referred to above, means Part B of Pub. L.
86-568, which enacted section 932e of former Title 5, Executive
Departments and Government Officers and Employees, amended section 753
of this title, sections 1113, 2091, 2252 and 3002 of former Title 5,
sections 867 and 870 of Title 22, Foreign Relations and Intercourse, and
former sections 4103, 4107 and 4108 of Title 38, Veterans' Benefits, and
enacted notes set out under sections 603 and 604 of this title, sections
60a and 60f of Title 2, The Congress, sections 1113, and 2252 of former
Title 5, section 590h of Title 16, Conservation, and section 867 of
Title 22,
1958 -- Pub. L. 85-462, 3(b), June 20, 1958, 72 Stat. 207,
provided that: ''The limitations of $13,485 and $18,010 with respect to
the aggregate salaries payable to secretaries and law clerks of circuit
and district judges, contained in the paragraph designated ''Salaries of
supporting personnel'' in the Judiciary Appropriation Act, 1958 (71
Stat. 65; Public Law 85-49), or any subsequent appropriation Act, shall
be increased by the amounts necessary to pay the additional basic
compensation provided by this Act.''
1955 -- Act June 28, 1955, ch. 189, 3(b), 69 Stat. 175, provided
that: ''The limitations of $10,560 and $14,355 with respect to the
aggregate salaries payable to secretaries and law clerks of circuit and
district judges, contained in the paragraph under the heading 'salaries
of supporting personnel' in the Judiciary Appropriation Act, 1955
(Public Law 470, Eighty-third Congress), or in any subsequent
appropriation Act, shall be increased by the amounts necessary to pay
the additional basic compensation provided by this Act.''
1951 -- Act Oct. 24, 1951, ch. 554, 1(d), 65 Stat. 613, provided
that: ''The limitations of $9,600 and $13,050 with respect to the
aggregate salaries payable to secretaries and law clerks of circuit and
district judges, contained in the sixteenth paragraph under the head
'Miscellaneous salaries' in the Judiciary Appropriation Act, 1951
(Public Law 759, Eighty-first Congress), or in any subsequent
appropriation Act, shall be increased by the amounts necessary to pay
the additional basic compensation provided by this Act.''
The particular paragraph of the ''Judiciary Appropriation Act, 1951
(Public Law 759, Eighty-first Congress)'', referred to above, is act
Sept. 6, 1950, ch. 896, ch. III, title IV, 401 (part), 64 Stat.
631. The salary limitations therein, also referred to above, were
identical with those in the Judiciary Appropriation Act, 1952 (act Oct.
22, 1951, ch. 533, title IV, 401 (part), 65 Stat. 596).
Increases in rates of basic compensation fixed pursuant to subsec.
(a)(5) of this section, see notes under section 603 of this title.
Pub. L. 87-139, 6, Aug. 14, 1961, 75 Stat. 340, provided that:
''The Director of the Administrative Office of the United States Courts
shall promulgate, in accordance with section 604(a)(7) and section 456
of title 28 of the United States Code, such regulations as he may deem
necessary to effectuate the increases provided by this Act (amending
section 553 of this title, former Title 5, Executive Departments and
Government Officers and Employees, and sections 237o, 287q, and 1471 of
Title 22, Foreign Relations and Intercourse).''
Classification and General Schedule pay rates, see sections 5101 et
seq., 5331 et seq. of Title 5, Government Organization and Employees.
Duties of Supreme Court Marshal, see section 672 of this title.
Expenses of judges and United States attorneys, see sections 456,
460, 549, and 566 of this title.
Office expenses of clerks of court, see section 961 and 963 of this
title.
Overtime pay, see section 5541 et seq. of Title 5, Government
Organization and Employees.
Supreme Court officers and employees, compensation and disbursement,
see section 671 et seq. of this title.
/1/ So in original. The word ''and'' probably should not appear.
/2/ So in original. There are two pars. (24).
/3/ So in original. The period probably should be ''; and''.
28 USC 605. Budget estimates
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Director, under the supervision of the Judicial Conference of the
United States, shall submit to the Office of Management and Budget
annual estimates of the expenditures and appropriations necessary for
the maintenance and operation of the courts and the Administrative
Office and the operation of the judicial survivors annuity fund, and
such supplemental and deficiency estimates as may be required from time
to time for the same purposes, according to law. The Director shall
cause periodic examinations of the judicial survivors annuity fund to be
made by an actuary, who may be an actuary employed by another department
of the Government temporarily assigned for the purpose, and whose
findings and recommendations shall be transmitted by the Director to the
Judicial Conference.
Such estimates shall be approved, before presentation to the Office
of Management and Budget, by the Judicial Conference of the United
States, except that the estimate with respect to the Court of
International Trade shall be approved by such court and the estimate
with respect to the United States Court of Appeals for the Federal
Circuit shall be approved by such court.
(June 25, 1948, ch. 646, 62 Stat. 915; July 9, 1956, ch. 517, 1(e),
70 Stat. 497; Aug. 3, 1956, ch. 944, 4, 70 Stat. 1026; Sept. 19,
1961, Pub. L. 87-253, 3, 75 Stat. 521; Oct. 10, 1980, Pub. L. 96-417,
title V, 501(14), 94 Stat. 1742; Apr. 2, 1982, Pub. L. 97-164, title
I, 119(a), 96 Stat. 33; Sept. 13, 1982, Pub. L. 97-258, 5(b), 96
Stat. 1068, 1085.)
Based on title 28, U.S.C., 1940 ed., 447 (Mar. 3, 1911, ch. 231,
305, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains provisions of section 447 of title 28, U.S.C.,
1940 ed., relating to budget estimates. The remainder of said section
447 is incorporated in section 604 of this title.
The designation ''senior circuit judges'' was changed to ''chief
judges of the circuits'' in conformity with section 45 of this title.
Changes were made in phraseology.
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment. See 80th Congress Senate Report No.
1559.
1982 -- Pub. L. 97-258 struck out paragraph which had provided that
budget estimates be included in the budget without revision, but subject
to the recommendations of the Bureau of the Budget, as provided by
section 11 of Title 31 for the estimates of the Supreme Court. See
section 1105(b) of Title 31, Money and Finance.
Pub. L. 97-164 substituted ''Office of Management and Budget'' for
''Bureau of the Budget'' wherever appearing and inserted requirement
that the estimate of the expenditures and appropriations necessary for
the maintenance and operation of the United States Court of Appeals for
the Federal Circuit be approved by such court.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1961 -- Pub. L. 87-253 struck out from second paragraph the
requirement that the estimate with respect to the Court of Customs and
Patent Appeals be approved by such court.
1956 -- Act Aug. 3, 1956, inserted provision to authorize the
Director to include in the budget estimates of the courts the
expenditures and appropriations necessary for the operation of the
judicial survivors annuity fund, and inserted provision that Director
shall cause periodic actuarial examinations to be made of the judicial
survivors annuity fund and shall report the actuary's findings and
recommendations to the Judicial Conference.
Act July 9, 1956, struck out ''and the Court of Claims'' after ''the
Customs Court'' and substituted ''and'' for the comma after ''the Court
of Customs and Patents Appeals'' in second par.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
28 USC 606. Duties of Deputy Director
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Deputy Director shall perform the duties assigned to him by the
Director, and shall act as Director during the absence or incapacity of
the Director or when the Director's office is vacant.
(June 25, 1948, ch. 646, 62 Stat. 915; Sept. 23, 1959, Pub. L.
86-370, 5(a)(1), 73 Stat. 652.)
Based on title 28, U.S.C., 1940 ed., 444 (Mar. 3, 1911, ch. 231,
302, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains provisions as to duties of Assistant Director
in section 444 of title 28, U.S.C., 1940 ed. The remainder of said
section 444 is incorporated in sections 601, 603 and 608 of this title.
1959 -- Pub. L. 86-370 substituted ''Deputy Director'' for
''Assistant Director''.
Amendment by Pub. L. 86-370 effective Sept. 23, 1959, see section
7(a) of Pub. L. 86-370.
References in any other law to Assistant Director of the
Administrative Office of the United States Courts deemed to be reference
to the Deputy Director of the Administrative Office of the United States
Courts, see note set out under section 601 of this title.
28 USC 607. Practice of law prohibited
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
An officer or employee of the Administrative Office shall not engage
directly or indirectly in the practice of law in any court of the United
States.
(June 25, 1948, ch. 646, 62 Stat. 915.)
Based on title 28, U.S.C., 1940 ed., 445 (Mar. 3, 1911, ch. 231,
303, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains the last paragraph of title 28, U.S.C., 1940
ed., 445. The remainder of said section is incorporated in sections 602
and 603 of this title.
Changes were made in phraseology.
28 USC 608. Seal
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Director shall use a seal approved by the Supreme Court.
Judicial notice shall be taken of such seal.
(June 25, 1948, ch. 646, 62 Stat. 915.)
Based on title 28, U.S.C., 1940 ed., 444 (Mar. 3, 1911, ch. 231,
302, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains a part of section 444 of title 28, U.S.C., 1940
ed. The remainder of said section 444 is incorporated in sections 601,
603 and 606 of this title.
Changes were made in phraseology.
28 USC 609. Courts' appointive power unaffected
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The authority of the courts to appoint their own administrative or
clerical personnel shall not be limited by any provisions of this
chapter.
(June 25, 1948, ch. 646, 62 Stat. 915.)
Based on title 28, U.S.C., 1940 ed. 446 (Mar. 3, 1911, ch. 231,
304, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
This section contains the last clause of section 446(1) of title 28,
U.S.C., 1940 ed.
A similar provision with respect to the Attorney General's authority
over United States attorneys and their assistants, and United States
marshals and their deputies was omitted as unnecessary since there is
nothing in this chapter that could affect such authority of the Attorney
General.
For other provisions of section 446 of title 28, U.S.C., 1940 ed.,
see section 604 of this title.
Minor changes were made in phraseology.
28 USC 610. Courts defined
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in this chapter the word ''courts'' includes the courts of
appeals and district courts of the United States, the United States
District Court for the District of the Canal Zone, the District Court of
Guam, the District Court of the Virgin Islands, the United States Court
of Federal Claims, and the Court of International Trade.
(June 25, 1948, ch. 646, 62 Stat. 915; Oct. 31, 1951, ch. 655, 44,
65 Stat. 725; July 7, 1958, Pub. L. 85-508, 12(e), 72 Stat. 348;
Nov. 6, 1978, Pub. L. 95-598, title II, 226, 92 Stat. 2665; Oct. 10,
1980, Pub. L. 96-417, title V, 501(15), 94 Stat. 1742; Apr. 2, 1982,
Pub. L. 97-164, title I, 120(a), 96 Stat. 33; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(b)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 450 (Mar. 3, 1911, ch. 231,
308, as added Aug. 7, 1939, ch. 501, 1, 53 Stat. 1223).
Words ''and the United States Court for China'' were omitted. See
reviser's note under section 411 of this title.
Provisions making this chapter and sections 332 and 333 of this title
expressly applicable to the Court of Appeals for the District of
Columbia were omitted as covered by ''courts of appeals.'' (See section
41 of this title and reviser's notes under such section and section 44
of this title.)
A definition of ''continental United States'' as ''the States of the
Union and the District of Columbia'' is omitted as unnecessary. (See
reviser's note under section 333 of this title.)
The term ''district courts in the United States'' in this section
includes the District Court for the District of Columbia. (See section
88 of this title.)
Other provisions of section 450 of title 28, U.S.C., 1940 ed., are
incorporated in sections 333 and 604 of this title.
The phrase ''all other courts of the United States established by Act
of Congress'' was added to provide for future growth of the Federal
judicial system. (See Senate Revision Amendment below.)
Changes in arrangement and phraseology were made.
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment. See 80th Congress Senate Report No.
1559.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''the United States Claims
Court'' for ''the Court of Claims, the Court of Customs and Patent
Appeals''.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1978 -- Pub. L. 95-598 directed the amendment of section by
substituting '', district courts, and bankruptcy courts'' for ''and
district courts'', 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.
1958 -- Pub. L. 85-508 struck out provisions which included District
Court for Territory of Alaska within definition of court. See section
81A of this title which establishes a United States District Court for
the State of Alaska.
1951 -- Act Oct. 31, 1951, inserted reference to the District Court
of Guam.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
8402.
28 USC 611. Retirement of Director
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director may, by written election filed with the Chief
Justice of the United States within 6 months after the date on which he
takes office, 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
bring himself within the purview 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.
Waiver of coverage under chapter 83, subchapter III, and election of
this section shall not operate to foreclose to the Director, upon
separation from service other than by retirement, 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 served at least fifteen years and attained the
age of sixty-five years 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 served at least ten years, 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
served at least fifteen years, or equal to that proportion of 80
percentum of such salary that the aggregate number of years of his
service bears to fifteen if he has served less than fifteen years, 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 Administrative Office of
the United States Courts, and any service, not to exceed five years, as
a judge of the United States, a Senator or Representative in Congress,
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.
(Added Pub. L. 90-219, title II, 201(a), Dec. 20, 1967, 81 Stat.
668; amended Pub. L. 100-702, title X, 1004(a), 1006(a)(1), Nov. 19,
1988, 102 Stat. 4665, 4666.)
1988 -- Subsec. (a). Pub. L. 100-702, 1006(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ''The
Director may, by written election filed with the Chief Justice of the
United States within six months after the date on which he takes office,
waive coverage under subchapter III (relating to civil service
retirement) of chapter 83, Title 5, United States Code, and bring
himself within the purview of this section. Such waiver and election
shall not operate to foreclose to the Director, upon separation from
service other than by retirement, 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. (e). Pub. L. 100-702, 1004(a), added subsec. (e).
Section 1004(b) of title X of Pub. L. 100-702 provided that: ''The
amendments made by this section (amending this section and section 627
of this title) shall apply to cost-of-living increases that go into
effect on or after the date of enactment of this title (Nov. 19, 1988)
with respect to any annuity being paid or becoming payable on or after
such date.''
Section 1006(b) of title X of Pub. L. 100-702 provided that: ''The
amendments made by this section (amending this section and section 627
of this title) shall apply to persons holding the 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 the date of enactment of this title (Nov. 19, 1988).''
Section 205 of Pub. L. 90-219 provided that:
''(a) Except as provided in subsection (b), the amendments made by
this title (enacting this section and amending sections 376 and 604 of
this title), insofar as they relate to retirement and survivorship
benefits of the Director of the Administrative Office of the United
States Courts, shall be applicable only with respect to persons first
appointed to such office after the date of enactment of this Act (Dec.
20, 1967).
''(b) The provisions of section 611(a), the first paragraph of
section 611(b), and section 376(s), of title 28, United States Code, as
added by such amendments, shall be applicable to a Director or former
Director of the Administrative Office of the United States Courts who
was first appointed prior to the date of enactment of this Act (Dec. 20,
1967) if at the time such Director or former Director left or leaves
such office he had, or shall have, attained the age of sixty-five years
and completed fifteen years of service as Director of the Administrative
Office of the United States Courts and if, on or before the expiration
of six months following the date of enactment of this Act (Dec. 20,
1967), he makes the election referred to in section 611(a) or section
376(s), or both, as the case may be.''
28 USC 612. Judiciary Automation Fund
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Establishment and Availability of Fund. -- There is hereby
established in the Treasury of the United States a special fund to be
known as the ''Judiciary Automation Fund'' (hereafter in this section
referred to as the ''Fund''). Moneys in the Fund shall be available to
the Director without fiscal year limitation for the procurement (by
lease, purchase, exchange, transfer, or otherwise) of automatic data
processing equipment for the judicial branch of the United States. The
Fund shall also be available for expenses, including personal services
and other costs, for the effective management, coordination, operation,
and use of automatic data processing equipment in the judicial branch.
(b) Plan for Meeting Automatic Data Processing Needs. --
(1) Development of plan. -- The Director shall develop and annually
revise, with the approval of the Judicial Conference of the United
States, a long range plan for meeting the automatic data processing
equipment needs of the judicial branch. Such plan and revisions shall
be submitted to Congress.
(2) Expenditures consistent with plan. -- The Director may use
amounts in the Fund to procure automatic data processing equipment for
the judicial branch of the United States only in accordance with the
plan developed under paragraph (1).
(c) Deposits Into Fund. --
(1) Deposits. -- There shall be deposited in the Fund --
(A) all proceeds resulting from activities conducted under subsection
(a), including net proceeds of disposal of excess or surplus property
and receipts from carriers and others for loss of or damage to property;
(B) amounts available for activities described in subsection (a) from
funds appropriated to the judiciary; and
(C) any advances and reimbursements required by paragraph (2).
(2) Advances and reimbursements. -- Whenever the Director procures
automatic data processing equipment for any entity in the judicial
branch other than the courts or the Administrative Office, that entity
shall advance or reimburse the Fund, whichever the Director considers
appropriate, for the costs of the automatic data processing equipment,
from appropriations available to that entity.
(d) Authorization of Appropriations. -- There are authorized to be
appropriated to the Fund for any fiscal year such sums as are required
to supplement amounts deposited under subsection (c) in order to conduct
activities under subsection (a).
(e) Contract Authority. --
(1) For each fiscal year. -- (A) /1/ In fiscal year 1990, and in each
succeeding fiscal year, the Director may enter into contracts for the
procurement of automatic data processing equipment in amounts which, in
the aggregate, do not exceed $75,000,000 in advance of the availability
of amounts in the Fund for such contracts.
(2) Multiyear contracts. -- In conducting activities under subsection
(a), the Director is authorized to enter into multiyear contracts for
automatic data processing equipment for periods of not more than five
years for any contract, if --
(A) funds are available and adequate for payment of the costs of such
contract for the first fiscal year and for payment of any costs of
cancellation or termination of the contract;
(B) such contract is awarded on a fully competitive basis; and
(C) the Director determines that --
(i) the need for the automatic data processing equipment being
provided will continue over the period of the contract; and
(ii) the use of the multi-year contract will yield substantial cost
savings when compared with other methods of providing the necessary
resources.
(3) Cancellation costs of multiyear contract. -- Any cancellation
costs incurred with respect to a contract entered into under paragraph
(2) shall be paid from currently available amounts in the Fund.
(f) Applicability of Procurement Statute. -- The procurement of
automatic data processing equipment under this section shall be
conducted in compliance with section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759).
(g) Authority of Administrator of General Services. -- Nothing in
this section shall be construed to limit the authority of the
Administrator of General Services under sections 111 and 201 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481
and 759).
(h) Annual Report. -- The Director shall submit to the Congress an
annual report on the operation of the Fund, including on the inventory,
use, and acquisition of automatic data processing equipment from the
Fund and the consistency of such acquisition with the plan prepared
under subsection (b). The report shall set forth the amounts deposited
into the Fund under subsection (c).
(i) Reprogramming. -- The Director of the Administrative Office of
the United States Courts, under the supervision of the Judicial
Conference of the United States, and upon notification to the Committees
on Appropriations of the House of Representatives and the Senate, may
use amounts deposited into the Fund under subparagraph (c)(1)(B) for
purposes other than those established in subsection (a) only by
following reprogramming procedures in compliance with provisions set
forth in section 606 of Public Law 100-459.
(j) Appropriations Into the Fund. -- If the budget request of the
Judiciary /2/ is appropriated in full, the amount deposited into the
Fund during any fiscal year under the authority of subparagraph
(c)(1)(B) will be the same as the amount of funds requested by the
Judiciary /2/ for activities described in subsection (a). If an amount
to be deposited is not specified by Congress and if the full request is
not appropriated, the amount to be deposited under (c)(1)(B) /3/ will be
set by the spending priorities established by the Judicial Conference.
(k) Definition. -- For purposes of this section, the term ''automatic
data processing equipment'' has the meaning given that term in section
111(a)(2)(A) of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759(a)(2)(A)).
(l) Termination of Authority. -- The Fund, and the authorities
conferred by this section, terminate on September 30, 1994. All
unobligated amounts remaining in the Fund on that date shall be
deposited into the ''Judicial Services Account'' to be used to reimburse
other appropriations.
(Added Pub. L. 101-162, title IV, 404(b)(1), Nov. 21, 1989, 103
Stat. 1013.)
Section 606 of Public Law 100-459, referred to in subsec. (i), is
section 606 of Pub. L. 100-459, title VI, Oct. 1, 1988, 102 Stat.
2227, which is not classified to the Code.
/1/ So in original. No subpar. (B) has been enacted.
/2/ So in original. Probably should not be capitalized.
/3/ So in original. Probably should be ''subparagraph (c)(1)(B)''.
28 USC CHAPTER 42 -- FEDERAL JUDICIAL CENTER
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
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.
1988 -- Pub. L. 100-702, title III, 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, 230(2), Nov. 6, 1978, 92 Stat.
2665, struck out item 629 ''Organizational provisions''.
1967 -- Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat.
664, added chapter 42 and items 620 to 629.
28 USC 620. Federal Judicial Center
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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 magistrates, 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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 664;
amended Pub. L. 95-598, title II, 227, Nov. 6, 1978, 92 Stat. 2665;
Pub. L. 98-620, title II, 214, Nov. 8, 1984, 98 Stat. 3346; Pub. L.
99-336, 6(b), June 19, 1986, 100 Stat. 639; Pub. L. 100-702, title
III, 303, Nov. 19, 1988, 102 Stat. 4648; Pub. L. 102-572, title VI,
602(a), Oct. 29, 1992, 106 Stat. 4514.)
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.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
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.
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).''
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.
Pub. L. 101-650, title III, 302, Dec. 1, 1990, 104 Stat. 5104, as
amended by Pub. L. 102-572, title V, 502(c), Oct. 29, 1992, 106 Stat.
4513, provided that:
''(a) Intercircuit Conflicts. -- The Board of the Federal Judicial
Center is requested to conduct a study and submit to the Congress a
report by January 1, 1992, on the number and frequency of conflicts
among the judicial circuits in interpreting the law that remain
unresolved because they are not heard by the Supreme Court.
''(b) Factors To Consider in Study. -- In conducting such a study,
the Center should consider, to the extent feasible, all relevant
factors, such as whether the conflict --
''(1) imposes economic costs or other harm on persons engaging in
interstate commerce;
''(2) encourages forum shopping among circuits;
''(3) creates unfairness to litigants in different circuits, as in
allowing Federal benefits in one circuit that are denied in other
circuits; or
''(4) encourages nonacquiescence by Federal agencies in the holdings
of the courts of appeals for different circuits,
but is unlikely to be resolved by the Supreme Court.
''(c) Structural Alternatives for the Courts of Appeals. -- The Board
of the Federal Judicial Center is requested to study the full range of
structural alternatives for the Federal Courts of Appeals and submit a
report on the study to the Congress and the Judicial Conference of the
United States, no later than 2 years and 9 months after the date of the
enactment of this Act (Dec. 1, 1990).''
/1/ So in original. Probably should not be capitalized.
28 USC 621. Board; composition, tenure of members, compensation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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 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
(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, 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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 664;
amended Pub. L. 95-598, title II, 228, 229, Nov. 6, 1978, 92 Stat.
2665.)
1978 -- Subsec. (a)(2). Pub. L. 95-598, 228, inserted reference to
one active judge of the bankruptcy courts of the United States.
Subsec. (b). Pub. L. 95-598, 229, struck out provisions requiring
that section 629 of this title govern the terms of office of the first
members elected to the Board.
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.
28 USC 622. Meetings; conduct of business
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 665.)
28 USC 623. Duties of the Board
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 665;
amended Pub. L. 100-702, title III, 302, Nov. 19, 1988, 102 Stat.
4648.)
1988 -- Subsec. (a)(7). Pub. L. 100-702 added par. (7).
28 USC 624. Powers of the Board
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 666;
amended Pub. L. 100-702, title III, 304(a), Nov. 19, 1988, 102 Stat.
4648.)
1988 -- Par. (1). Pub. L. 100-702 inserted ''and the Deputy
Director'' after ''Director''.
28 USC 625. Director and staff
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 666;
amended Pub. L. 102-572, title VI, 602(b), Oct. 29, 1992, 106 Stat.
4514.)
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, 401, 70 Stat. 743, which was repealed by Pub. L. 89-554,
8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section
thereof as subchapter III ( 8331 et seq.) of chapter 83 of Title 5.
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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
1992 -- Subsec. (c). Pub. L. 102-572 substituted ''competitive
service without regard to'' for ''competitive service and''.
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.
/1/ So in original. Should be ''Service''.
28 USC 626. Compensation of the Director and Deputy Director
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
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 inactive 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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 666;
amended Pub. L. 100-702, title III, 304(b)(1), Nov. 19, 1988, 102 Stat.
4648.)
The General Schedule, referred to in text, is set out under section
5332 of Title 5, Government Organization and Employees.
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.''
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.''
28 USC 627. Retirement; employee benefits
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A Director of the Federal Judicial Center who attains the age of
seventy years shall be retired from that office.
(b) The 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 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.
(c) Upon the retirement of a Director who has elected coverage under
this section and who has served at least fifteen years and 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 served at least ten years, 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.
(d) 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
served at least fifteen years, 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 served less than fifteen years, but in no
event less than 50 per centum of such salary.
(e) 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, or a civilian official
appointed by the President, by and with the advice and consent of the
Senate.
(f) 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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 666;
amended Pub. L. 100-702, title X, 1004(a), 1006(a)(2), Nov. 19, 1988,
102 Stat. 4665, 4666.)
1988 -- Subsec. (b). Pub. L. 100-702, 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, 1004(a), added subsec. (f).
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.
28 USC 628. Appropriations and accounting
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
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.
(Added Pub. L. 90-219, title I, 101, Dec. 20, 1967, 81 Stat. 667.)
28 USC 629. Federal Judicial Center Foundation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(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.
(Added Pub. L. 100-702, title III, 301(a), Nov. 19, 1988, 102 Stat.
4646.)
A prior section 629, added Pub. L. 90-219, title I, 101, Dec. 20,
1967, 81 Stat. 667, which related to organization provisions for the
Board, was repealed by Pub. L. 95-598, title II, 230(1), Nov. 6,
1978, 92 Stat. 2665, effective Nov. 6, 1978.
28 USC CHAPTER 43 -- UNITED STATES MAGISTRATES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
631. Appointment and tenure.
632. Character of service.
633. Determination of number, locations, and salaries of
magistrates.
634. Compensation.
635. Expenses.
636. Jurisdiction, powers, and temporary assignment.
637. Training.
638. Dockets and forms; United States Code; seals.
639. Definitions.
1972 -- Pub. L. 92-239, 3, Mar. 1, 1972, 86 Stat. 47, substituted
''Jurisdiction, powers, and temporary assignment'' for ''Jurisdiction
and powers'' in item 636.
1968 -- Pub. L. 90-578, title I, 101, Oct. 17, 1968, 82 Stat.
1108, substituted ''MAGISTRATES'' for ''COMMISSIONERS'' in chapter
heading, and ''Character of service'' for ''Park commissioners;
jurisdiction and powers; procedure'' in item 632, ''Determination of
number, locations, and salaries of magistrates'' for ''Fees and
expenses'' in item 633, ''Compensation'' for ''Salaries of park
commissioners; disposition of fees'' in item 634, ''Expenses'' for
''Park commissioners; residence'' in item 635, ''Jurisdiction and
powers'' for ''Accounts'' in item 636, ''Training'' for ''Oaths,
acknowledgments, affidavits and depositions'' in item 637, ''Dockets and
forms; United States Code; seals'' for ''Seals'' in item 638, and
''Definitions'' for ''Dockets and forms; United States Code'' in item
639.
1954 -- Act Aug. 13, 1954, ch. 728, 1(c), 68 Stat. 704, inserted
''and expenses'' after ''Fees'' in item 633.
Petty offenses, trial by magistrates, see section 3401 of Title 18,
Crimes and Criminal Procedure.
Rules of procedure and practice for trials of cases before
magistrates, and taking of appeals, see section 3402 of Title 18 and
rules 1 and 54 of Title 18, Appendix.
28 USC 631. Appointment and tenure
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The judges of each United States district court and the district
court of the Virgin Islands shall appoint United States magistrates in
such numbers and to serve at such locations within the judicial district
as the conference may determine under this chapter. In the case of a
magistrate appointed by the district court of the Virgin Islands, this
chapter shall apply as though the court appointing such magistrate were
a United States district court. Where there is more than one judge of a
district court, the appointment, whether an original appointment or a
reappointment, shall be by the concurrence of a majority of all the
judges of such district court, and when there is no such concurrence,
then by the chief judge. Where the conference deems it desirable, a
magistrate may be designated to serve in one or more districts adjoining
the district for which he is appointed. Such a designation shall be
made by the concurrence of a majority of the judges of each of the
district courts involved and shall specify the duties to be performed by
the magistrate in the adjoining district or districts.
(b) No individual may be appointed or reappointed to serve as a
magistrate under this chapter unless:
(1) He has been for at least five years a member in good standing of
the bar of the highest court of a State, the District of Columbia, the
Commonwealth of Puerto Rico, or the Virgin Islands of the United States,
except that an individual who does not meet the bar membership
requirements of this paragraph may be appointed and serve as a part-time
magistrate if the appointing court or courts and the conference find
that no qualified individual who is a member of the bar is available to
serve at a specific location;
(2) He is determined by the appointing district court or courts to be
competent to perform the duties of the office;
(3) In the case of an individual appointed to serve in a national
park, he resides within the exterior boundaries of that park, or at some
place reasonably adjacent thereto;
(4) He is not related by blood or marriage to a judge of the
appointing court or courts at the time of his initial appointment; and
(5) He is selected pursuant to standards and procedures promulgated
by the Judicial Conference of the United States. Such standards and
procedures shall contain provision for public notice of all vacancies in
magistrate positions and for the establishment by the district courts of
merit selection panels, composed of residents of the individual judicial
districts, to assist the courts in identifying and recommending persons
who are best qualified to fill such positions.
(c) A magistrate may hold no other civil or military office or
employment under the United States: Provided, however, That, with the
approval of the conference, a part-time referee in bankruptcy or a clerk
or deputy clerk of a court of the United States may be appointed and
serve as a part-time United States magistrate, but the conference shall
fix the aggregate amount of compensation to be received for performing
the duties of part-time magistrate and part-time referee in bankruptcy,
clerk or deputy clerk: And provided further, That retired officers and
retired enlisted personnel of the Regular and Reserve components of the
Army, Navy, Air Force, Marine Corps, and Coast Guard, members of the
Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast
Guard, and members of the Army National Guard of the United States, the
Air National Guard of the United States, and the Naval Militia and of
the National Guard of a State, territory, or the District of Columbia,
except the National Guard disbursing officers who are on a full-time
salary basis, may be appointed and serve as United States magistrates.
(d) Except as otherwise provided in sections 375 and 636(h) of this
title, no individual may serve under this chapter after having attained
the age of seventy years: Provided, however, That upon a majority vote
of all the judges of the appointing court or courts, which is taken upon
the magistrate's attaining age seventy and upon each subsequent
anniversary thereof, a magistrate who has attained the age of seventy
years may continue to serve and may be reappointed under this chapter.
(e) The appointment of any individual as a full-time magistrate shall
be for a term of eight years, and the appointment of any individuals as
a part-time magistrate shall be for a term of four years, except that
the term of a full-time or part-time magistrate appointed under
subsection (k) shall expire upon --
(1) the expiration of the absent magistrate's term,
(2) the reinstatement of the absent magistrate in regular service in
office as a magistrate,
(3) the failure of the absent magistrate to make timely application
under subsection (j) of this section for reinstatement in regular
service in office as a magistrate after discharge or release from
military service,
(4) the death or resignation of the absent magistrate, or
(5) the removal from office of the absent magistrate pursuant to
subsection (i) of this section,
whichever may first occur.
(f) Upon the expiration of his term, a magistrate may, by a majority
vote of the judges of the appointing district court or courts and with
the approval of the judicial council of the circuit, continue to perform
the duties of his office until his successor is appointed, or for 180
days after the date of the expiration of the magistrate's term,
whichever is earlier.
(g) Each individual appointed as a magistrate under this section
shall take the oath or affirmation prescribed by section 453 of this
title before performing the duties of his office.
(h) Each appointment made by a judge or judges of a district court
shall be entered of record in such court, and notice of such appointment
shall be given at once by the clerk of that court to the Director.
(i) Removal of a magistrate during the term for which he is appointed
shall be only for incompetency, misconduct, neglect of duty, or physical
or mental disability, but a magistrate's office shall be terminated if
the conference determines that the services performed by his office are
no longer needed. Removal shall be by the judges of the district court
for the judicial district in which the magistrate serves; where there
is more than one judge of a district court, removal shall not occur
unless a majority of all the judges of such court concur in the order of
removal; and when there is a tie vote of the judges of the district
court on the question of the removal or retention in office of a
magistrate, then removal shall be only by a concurrence of a majority of
all the judges of the council. In the case of a magistrate appointed
under the third sentence of subsection (a) of this section, removal
shall not occur unless a majority of all the judges of the appointing
district courts concur in the order of removal; and where there is a
tie vote on the question of the removal or retention in office of a
magistrate, then removal shall be only by a concurrence of a majority of
all the judges of the council or councils. Before any order or removal
shall be entered, a full specification of the charges shall be furnished
to the magistrate, and he shall be accorded by the judge or judges of
the removing court, courts, council, or councils an opportunity to be
heard on the charges.
(j)(1) A magistrate who is inducted into the Armed Forces of the
United States pursuant to the Military Selective Service Act of 1967 (50
U.S.C. App. 451 et seq.), or is otherwise ordered to active duty with
such forces for a period of more than thirty days, and who makes
application for a leave of absence to the district court or courts which
appointed him, shall be granted a leave of absence without compensation
for such period as he is required to serve in such forces. Every
application for a leave of absence under this subsection shall include a
copy of the official orders requiring the magistrate's military service.
The granting of a leave of absence under this subsection shall not
operate to extend the term of office of any magistrate.
(2) A magistrate granted a leave of absence under this subsection who
--
(A) receives a certificate of service under section 9(a) of the
Military Selective Service Act of 1967 (50 U.S.C. App. 459(a)), or is
released under honorable conditions from the military service,
(B) makes application for reinstatement to regular service in office
as a magistrate within ninety days after he is released from such
service or training or from hospitalization continuing after discharge
for a period of not more than one year, and
(C) is determined by the appointing court or courts in the manner
specified in subsection (a) of this section to be still qualified to
perform the duties of such position,
shall be reinstated in regular service in such office.
(k) Upon the grant by the appropriate district court or courts of a
leave of absence to a magistrate entitled to such relief under the terms
of subsection (i) /1/ of this section, such court or courts may proceed
to appoint, in the manner specified in subsection (a) of this section,
another magistrate, qualified for appointment and service under
subsections (b), (c), and (d) of this section, who shall serve for the
period specified in subsection (e) of this section.
(l) A United States magistrate appointed under this chapter shall be
exempt from the provisions of subchapter I of chapter 63 of title 5.
(June 25, 1948, ch. 646, 62 Stat. 915; May 24, 1949, ch. 139, 73,
63 Stat. 100; July 9, 1952, ch. 609, 1, 66 Stat. 509; July 25, 1956,
ch. 722, 70 Stat. 642; Oct. 17, 1968, Pub. L. 90-578, title I, 101, 82
Stat. 1108; Oct. 17, 1976, Pub. L. 94-520, 2, 90 Stat. 2458; Nov. 6,
1978, Pub. L. 95-598, title II, 231, 92 Stat. 2665; Oct. 10, 1979,
Pub. L. 96-82, 3(a)-(d), 93 Stat. 644, 645; Aug. 6, 1982, Pub. L.
97-230, 96 Stat. 255; Nov. 14, 1986, Pub. L. 99-651, title II,
201(a)(1), 100 Stat. 3646; Nov. 15, 1988, Pub. L. 100-659, 5, 102
Stat. 3918; Nov. 19, 1988, Pub. L. 100-702, title X, 1003(a)(2), 102
Stat. 4665; June 30, 1989, Pub. L. 101-45, title II, 104, 103 Stat.
122; Dec. 1, 1990, Pub. L. 101-650, title III, 308(b), 104 Stat.
5112.)
Based on title 28, U.S.C., 1940 ed., 526 and 527, sections 27, 66,
80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5,
404c-5, and 408m of title 16, U.S.C., 1940 ed., Conservation, and
section 863 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions (May 27, 1894, ch. 72, 5, 28 Stat. 74; May 28, 1896, ch.
252, 19, 20, 29 Stat. 184; Apr. 12, 1900, ch. 191, 34, 31 Stat. 84;
Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, 291, 36
Stat. 1167; Jan. 7, 1913, ch. 6, 37 Stat. 648; Aug. 22, 1914, ch. 264,
6, 38 Stat. 700; June 30, 1916, ch. 197, 6, 39 Stat. 245; Aug. 21,
1916, ch. 368, 6, 39 Stat. 523; Mar. 2, 1917, ch. 145, 41, 39 Stat.
965; June 2, 1920, ch. 218, 7, 8, 41 Stat. 733; Mar. 4, 1921, ch.
161, 1, 41 Stat. 1412; Dec. 13, 1926, ch. 6, 1, 44 Stat. 919; Apr.
25, 1928, ch. 434, 6, 45 Stat. 460; Apr. 26, 1928, ch. 438, 6, 45
Stat. 464; Mar. 2, 1929, ch. 583, 6, 45 Stat. 1538; Apr. 19, 1930,
ch. 200, 6, 46 Stat. 228; June 25, 1935, ch. 309, 1, 49 Stat. 422;
Aug. 19, 1937, ch. 703, 5, 50 Stat. 702; Mar. 26, 1938, ch. 51, 2, 52
Stat. 118; June 25, 1938, ch. 684, 1, 52 Stat. 1164; June 28, 1938,
ch. 778, 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, 2, 54 Stat. 43;
Mar. 6, 1942, ch. 150, 5, 56 Stat. 134; Mar. 6, 1942, ch. 151, 5, 56
Stat. 137; Apr. 29, 1942, ch. 264, 5, 56 Stat. 260; June 5, 1942,
ch. 341, 5, 56 Stat. 318; Dec. 28, 1945, ch. 592, 59 Stat. 659, 660;
Apr. 23, 1946, ch. 202, 1, 60 Stat. 119, 120).
Section consolidates section 526 and a portion of 527, both of title
28, U.S.C., 1940 ed., with provisions of sections 27, 66, 80e, 100,
117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5, 404c-5 and 408m
of title 16, U.S.C., 1940 ed., and provisions of section 863 of title
48, U.S.C., 1940 ed., Territories and Insular Possessions, relating to
appointment of United States commissioners. For other provisions of
said sections see Distribution Table.
Some of the provisions of section 863 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions were retained in that title.
The provision of sections 395e, 403c-5, 404c-5, and 408m of title 16,
U.S.C., 1940 ed., for appointment of the Park Commissioner in the Hawaii
National Park, Shenandoah National Park, Great Smoky Mountains National
Park, Mammoth Cave National Park and Isle Royale National Park upon
''the recommendation of the Secretary of the Interior'' was omitted as
inconsistent not only with other provisions of this title but with other
statutes applicable to other national parks.
All such park commissioners are United States commissioners and the
revision of these sections makes possible uniformity and consistency in
administrative matters concerning such commissioners. (See, also,
sections 604 and 634 of this title.)
Words ''the Director of the Administrative Office of the United
States Courts'' were substituted for ''Attorney General'' in section 526
of title 28, U.S.C., 1940 ed., in view of the general supervision by the
Director over clerks and commissioners under section 601 et seq. of
this title.
See, also, section 751 of this title prohibiting clerks from
receiving compensation in another capacity.
First sentence of subsection (b) was substituted for the provision in
section 527 of title 28, U.S.C., 1940 ed., prohibiting specified persons
from acting as commissioners.
Words ''at such places in the district as may be designated by the
district court,'' in section 526 of title 28, U.S.C., 1940 ed., were
omitted as unnecessary.
A provision in section 526 of title 28, U.S.C., 1940 ed., that
commissioners should have the same powers and duties as are conferred
and imposed by law, was omitted as superfluous.
The phrase in sections 526 and 527 of title 16, U.S.C., 1940 ed.,
''except as provided in section 591'' and section 591, the effect of
which was to except Alaska from this section, were omitted as
unnecessary. This revised section by its terms limits the section and
chapter 43 of this title to commissioners appointed by a ''district
court,'' which includes the courts enumerated in chapter 5 of this title
but not those of Alaska, Canal Zone, or Virgin Islands.
Sections from title 16, U.S.C., 1940 ed., contained no tenure
provisions.
Changes in phraseology were made.
Prior residence requirement for national park commissioners in
section 635. -- Based on sections 1a and 403c-9 of title 16, U.S.C.,
1940 ed., Conservation (Aug. 19, 1937, ch. 703, 8, 50 Stat. 702; June
28, 1938, ch. 778, 1, 52 Stat. 1213).
Section consolidates section 1a with part of section 403c-9 of title
16, U.S.C., 1940 ed., relating to residence of a national park
commissioner.
The provisions of sections 1a and 403c-9 of title 16, U.S.C., 1940
ed., relating to designation by the Secretary of the Interior of some
place of residence reasonably adjacent to the park was modified by
making such designation subject to the approval of the appointing court.
By Senate amendment, ''Big Bend'' and ''Crater Lake'' were inserted
in subsection (a) of this section, and section 158a of title 16, U.S.C.,
which was derived from act May 15, 1947, ch. 55, 1, 61 Stat. 91,
accordingly became an additional source of this section, such Act being
included in the schedule of repeals. See 80th Congress Senate Report
No. 1559.
As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which
amended section 403c-5 of title 16, U.S.C., became an additional source
of this section and was accordingly included in the schedule of repeals
by Senate amendment. See 80th Congress Senate Report No. 1559.
This amendment conforms the language of section 631(b) to the
provisions of section 35 of the Bankruptcy Act, as amended by the act of
June 28, 1946 ( 3, 60 Stat. 324), that full-time referees in bankruptcy
may not be appointed United States Commissioners.
This amendment also removes an ambiguity from section 631(b) by
making it clear that the Director of the Administrative Office of the
United States Courts has power to establish maximum limits of
compensation to be received for performing the combined offices of
commissioner and clerk or deputy clerk. This was the intent of sections
631 and 751 of title 28. (See the fifteenth paragraph of the reviser's
note to the latter section, H. Rept. No. 308, April 25, 1947, p. A90, to
accompany H.R. 3214, 80th Cong.)
The Military Selective Service Act of 1967 (50 U.S.C. App. 451 et
seq.), referred to in subsec. (j)(1), subsequently renamed the Military
Selective Service Act, is act June 24, 1948, ch. 625, 62 Stat. 604, as
amended, which is classified principally to section 451 et seq. of the
Appendix to Title 50, War and National Defense. For complete
classification of this Act to the Code, see References in Text note set
out under section 451 of the Appendix to Title 50 and Tables.
Subsection (i) of this section, referred to in subsec. (k), probably
means subsec. (j) of this section in view of the redesignation of
former subsec. (i) as (j) by Pub. L. 96-82.
1990 -- Subsec. (f). Pub. L. 101-650 substituted ''180'' for ''60''.
1989 -- Subsec. (b)(1). Pub. L. 101-45 struck out ''and he is a
member in good standing of the bar of the highest court of the State in
which he is to serve, or, in the case of an individual appointed to
serve --
''(A) in the District of Columbia, a member in good standing of the
bar of the United States district court for the District of Columbia;
or
''(B) in the Commonwealth of Puerto Rico, a member in good standing
of the bar of the Supreme Court of Puerto Rico, and in the Virgin
Islands of the United States, a member in good standing of the bar of
the district court of the Virgin Islands;'' after ''Virgin Islands of
the United States,'' and struck out ''the first sentence of'' before
''this paragraph''.
1988 -- Subsec. (e). Pub. L. 100-659 substituted ''(k)'' for ''(j)''
in introductory text, ''(j)'' for ''(i)'' in par. (3), and ''(i)'' for
''(h)'' in par. (5).
Subsec. (l). Pub. L. 100-702 added subsec. (l).
1986 -- Subsec. (d). Pub. L. 99-651 substituted ''Except as
otherwise provided in sections 375 and 636(h) of this title, no'' for
''No'', and ''a majority'' for ''the unanimous'', and inserted ''which
is taken upon the magistrate's attaining age seventy and upon each
subsequent anniversary thereof,'' after ''courts,''.
1982 -- Subsec. (b)(1). Pub. L. 97-230 substituted ''He has been for
at least five years a member in good standing of the bar of the highest
court of a State, the District of Columbia, the Commonwealth of Puerto
Rico, or the Virgin Islands of the United States, and he is a member''
for ''He is, and has been for at least five years, a member''.
1979 -- Subsec. (a). Pub. L. 96-82, 3(a), substituted ''Where the
conference deems it desirable, a magistrate may be designated to serve
in one or more districts adjoining the district for which he is
appointed'' and ''Such a designation shall be made by the concurrence of
a majority of the judges of each of the district courts involved and
shall specify the duties to be performed by the magistrate in the
adjoining district or districts'' for ''Where an area under the
administration of the National Park Service, or the United States Fish
and Wildlife Service, or any other Federal agency, extends into two or
more judicial districts and it is deemed desirable by the conference
that the territorial jurisdiction of a magistrate's appointment include
the entirety of such area, the appointment or reappointment shall be
made by the concurrence of a majority of all judges of the district
courts of the judicial districts involved, and where there is no such
concurrence by the concurrence of the chief judges of such district
courts''.
Subsec. (b). Pub. L. 96-82, 3(b), substituted ''appointed or
reappointed to serve'' for ''appointed or serve'' in provisions
preceding par. (1), inserted '', and has been for at least 5 years,''
after ''He is'' in provisions of par. (1) preceding subpar. (A),
struck out subpar. (C) relating to service by members an good standing
of the bar of the highest court of one of the two or more States where
the area involved is under the administration of the National Park
Service, the United States Fish and Wildlife Service, or any other
Federal agency that extends to two or more States.
Subsec. (b)(5). Pub. L. 96-82, 3(c), added par. (5).
Subsec. (f). Pub. L. 96-82, 3(d)(2), added subsec. (f). Former
subsec. (f) redesignated (g).
Subsecs. (g) to (k). Pub. L. 96-82, 3(d)(1), redesignated former
subsecs. (f) to (j) as (g) to (k), respectively.
1978 -- Subsec. (c). Pub. L. 95-598 directed the amendment of
subsec. (c) by substituting ''of the conference,'' for ''of the
conference, a part-time referee in bankruptcy or'' and ''magistrate
and'' for ''magistrate and part-time referee in bankruptcy,'', 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.
1976 -- Subsec. (a). Pub. L. 94-520, 2(1), (2), inserted ''and the
district court of the Virgin Islands'' after ''United States district
court'', and provided that in the case of a magistrate appointed by the
district court of the Virgin Islands, this chapter was to apply as
though the appointing court were a United States District Court.
Subsec. (b). Pub. L. 94-520, 2(3), provided that a magistrate
appointed under this chapter to serve in the Virgin Islands, must be a
member in good standing of the bar of the district court of the Virgin
Islands.
1968 -- Pub. L. 90-578 revised provisions of this section generally
as described for subsecs. (a) to (j) hereunder, substituting provisions
for appointment and tenure of magistrates for appointment and tenure of
commissioners.
Subsec. (a). Pub. L. 90-578 provided for determination of number of
appointees by the conference, rather than by the district court,
authorized the determination of location of service, omitted as
superseded by existing provisions prior provisions for appointments for
certain specified national parks, required appointments in a district
court with more than one judge to be concurred in by majority of all the
judges, and by the chief judge in absence of such concurrence, required
such concurrence of judges of district courts or concurrence of chief
judges in absence of such concurrence by the judges where appointments
are for an area under administration of the National Park Service, or
the United States Fish and Wildlife Service, or any other Federal
agency, which extends into more than one judicial district which should
be served in its entirety by one magistrate, and omitted last par.
prescribing appointment record and notice. See subsec. (g) of this
section.
Subsec. (b). Pub. L. 90-578 added subsec. (b). Prior provisions
which were eliminated prohibited holding dual offices when the person
held a civil or military office or employment under the United States or
was employed by a Federal justice or judge, but such restriction was
made inapplicable to a part-time referee in bankruptcy, or to a clerk or
deputy clerk of a Federal court when approved by the Director and
compensated in an aggregate amount fixed by the Director for performance
of dual duties. See subsec. (c) of this section.
Subsec. (c). Pub. L. 90-578 incorporated provisions of former subsec.
(b) of this section in provisions designated as subsec. (c), omitted
express restriction against holding dual offices when employed by a
Federal justice or judge, provided for approval of the conference with
respect to part-time service as a magistrate of part-time referee in
bankruptcy or clerk or deputy clerk of a Federal court, formerly
requiring approval of the Director as to service of clerk or deputy
clerk of court as a commissioner, made former provisions as to aggregate
amount of compensation for service as clerk or deputy clerk of court and
commissioner applicable to part-time service as magistrate of part-time
referee in bankruptcy, clerk and deputy clerk of court, and authorized
appointment of retired military personnel, except National Guard
disbursing officers who are on a full-time salary basis, as United
States magistrates. Former subsec. (c) which provided for a four year
term of office of commissioner unless sooner removed by the district
court. See subsecs. (e) and (h) of this section.
Subsec. (d). Pub. L. 90-578 added subsec. (d).
Subsec. (e). Pub. L. 90-578 substituted provisions designated as
subsec. (e) for term of office of eight and four years for full-time
and part-time officers and for expiration of term of office for
provisions of former subsec. (c) of this section for term of four years
unless sooner removed by the district court.
Subsec. (f). Pub. L. 90-578 added subsec. (f).
Subsec. (g). Pub. L. 90-578 incorporated provisions of last par. of
former subsec. (a) of this section in provisions designated as subsec.
(g) and provided expressly for appointment by a judge or judges of a
district court.
Subsecs. (h) to (j). Pub. L. 90-578 added subsecs. (h) to (j).
1956 -- Subsec. (a). Act July 25, 1956, provided for two United
States Commissioners for the Cumberland Gap National Historical Park.
1952 -- Subsec. (a). Act July 9, 1952, provided for two United
States Commissioners for the Great Smoky Mountains National Park, in
place of one.
1949 -- Subsec. (b). Act May 24, 1949, amended second sentence
generally. Prior to amendment, second sentence read as follows: ''This
subsection shall not apply to a referee in bankruptcy nor shall it apply
to a clerk or deputy clerk of a court of the United States whose
appointment as commissioner is approved by the Director of the
Administrative Office of the United States Courts.''
Section 321 of Pub. L. 101-650 provided that: ''After the enactment
of this Act (Dec. 1, 1990), each United States magistrate appointed
under section 631 of title 28, United States Code, shall be known as a
United States magistrate judge, and any reference to any United States
magistrate or magistrate that is contained in title 28, United States
Code, in any other Federal statute, or in any regulation of any
department or agency of the United States in the executive branch that
was issued before the enactment of this Act, shall be deemed to refer to
a United States magistrate judge appointed under section 631 of title
28, United States Code.''
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and
applicable to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after Nov. 15, 1988, with exception
for judges and magistrates retiring on or after July 31, 1987, see
section 9 of Pub. L. 100-659, set out as an Effective Date note under
section 377 of this title.
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Section 3(g) of Pub. L. 96-82 provided that: ''The amendment made
by subsection (c) of this section (amending this section) shall not take
effect until 30 days after the meeting of the Judicial Conference of the
United States next following the effective date of this Act (Oct. 10,
1979).'' (The meeting of the Judicial Conference took place on Mar. 5
and 6, 1980.)
Section 403 of Pub. L. 90-578 provided that: ''Except as otherwise
provided by sections 401 and 402 of this title (set out as Appointment
of Magistrates and Applicable Law notes below), this Act (amending this
chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102, 3116,
3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes and
Criminal Procedure, and enacting provisions set out as notes under this
section) shall take effect on the date of its enactment (Oct. 17,
1968).''
Section 1 of Pub. L. 96-82 provided: ''That this Act (amending this
section, sections 604, 633, 634, 635, 636, and 1915 of this title, and
section 3401 of Title 18, Crimes and Criminal Procedure, and enacting
provisions set out as notes under this section) may be cited as the
'Federal Magistrate Act of 1979'.''
Section 1 of Pub. L. 90-578 provided: ''That this Act (amending
this chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102,
3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes
and Criminal Procedure, and enacting provisions set out as notes under
this section) may be cited as the 'Federal Magistrates Act'.''
Section 501 of Pub. L. 90-578 provided that: ''If any provision of
this Act (amending this chapter and sections 202, 3006A, 3041, 3043,
3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of
Title 18, Crimes and Criminal Procedure, and enacting provisions set out
as notes under this section) or the application thereof to any person or
circumstances is held invalid, the validity of the remainder of the Act
and of its application to other persons and circumstances shall not be
affected.''
Section 3(e) of Pub. L. 96-82 provided that: ''The merit selection
panels established under section 631(b)(5) of title 28, United States
Code, in recommending persons to the district court, shall give due
consideration to all qualified individuals, especially such groups as
women, blacks, Hispanics, and other minorities.''
Qualified
Section 3(f) of Pub. L. 96-82 provided that: ''Magistrates (now
United States magistrate judges) serving prior to the promulgation of
magistrate selection standards and procedures by the Judicial Conference
of the United States may only exercise the jurisdiction conferred under
the amendment made by section 2 of this Act (enacting section 636(c) of
this title) after having been reappointed under such standards and
procedures or after having been certified as qualified to exercise such
jurisdiction by the judicial council of the circuit in which the
magistrate serves.''
Section 9 of Pub. L. 96-82 provided for a study by the Judicial
Conference of the United States to begin within 90 days after the
effective date of Pub. L. 96-82, which was approved Oct. 10, 1979, and
to be completed and made available to Congress within 24 months
thereafter respecting the future of the magistrate system.
Section 10 of Pub. L. 96-82 provided that: ''Such sums as may be
necessary to carry out the purposes of this Act (see Short Title of 1979
Amendment note above) are hereby authorized to be appropriated for
expenditure on or after October 1, 1979.''
Section 401 of Pub. L. 90-578 provided that:
''(a) No individual may serve as a United States commissioner within
any judicial district after the date on which a United States magistrate
(now United States magistrate judge) assumes office in such judicial
district.
''(b) An individual serving as a United States commissioner within
any judicial district on the date of enactment of this Act (Oct. 17,
1968) who is a member in good standing of the bar of the highest court
of any State may be appointed to the office of United States magistrate
for an initial term, and may be reappointed to such office for
successive terms, notwithstanding his failure to meet the bar membership
qualification imposed by section 631(b)(1) of chapter 43, title 28,
United States Code: Provided, however, That any appointment or
reappointment of such an individual must be by unanimous vote of all the
judges of the appointing district court or courts.''
Section 402 of Pub. L. 90-578 provided that:
''(a) All provisions of law relating to the powers, duties,
jurisdiction, functions, service, compensation, and facilities of United
States commissioners, as such provisions existed on the day preceding
the date of enactment of this Act (Oct. 17, 1968), shall continue in
effect in each judicial district until but not on or after (1) the date
on which the first United States magistrate (now United States
magistrate judge) assumes office within such judicial district pursuant
to section 631 of chapter 43, title 28, United States Code, as amended
by this Act, or (2) the third anniversary of the date of enactment of
this Act (Oct. 17, 1968), whichever date is earlier.
''(b) On and after the date on which the first United States
magistrate assumes office within any judicial district pursuant to
section 631 of chapter 43, title 28, United States Code, as amended by
this Act, or the third anniversary of the date of enactment of this Act
(Oct. 17, 1968), whichever date is earlier --
''(1) the provisions of chapter 43, title 28, United State Code, as
amended by this Act (this chapter), shall be effective within such
judicial district except as otherwise specifically provided by section
401(b) of this title (set out as Appointment of Magistrates note above);
and
''(2) within such judicial district every reference to a United
States commissioner contained in any previously enacted statute of the
United States (other than sections 8331(1)(E), 8332(i), 8701(a)(7), and
8901(1)(G) of title 5), any previously promulgated rule of any court of
the United States, or any previously promulgated regulation of any
executive department or agency of the United States, shall be deemed to
be a reference to a United States magistrate duly appointed under
section 631 of chapter 43, title 28, United States Code, as amended by
this Act.
''(c) The administrative powers and duties of the Director of the
Administrative Office of the United States Courts with respect to United
States commissioners under the provisions of chapter 41, title 28,
United States Code, as such provisions existed on the day preceding the
date of enactment of this Act (Oct. 17, 1968), shall continue in effect
until no United States commissioner remains in service.''
Pub. L. 86-258, Sept. 14, 1959, 73 Stat. 546, required the United
States District Court for the District of Arizona to appoint a special
commissioner for the Grand Canyon National Park, Arizona, and provided
for the term, jurisdiction, and salary of the commissioner.
Section 2 of act July 9, 1952, provided that the jurisdiction of the
United States commissioner for the Great Smoky Mountains National Park
on July 9, 1952, would be limited to the portion of the park situated in
North Carolina.
/1/ See References in Text note below.
28 USC 632. Character of service
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Full-time United States magistrates may not engage in the
practice of law, and may not engage in any other business, occupation,
or employment inconsistent with the expeditious, proper, and impartial
performance of their duties as judicial officers.
(b) Part-time United States magistrates shall render such service as
judicial officers as is required by law. While so serving they may
engage in the practice of law, but may not serve as counsel in any
criminal action in any court of the United States, nor act in any
capacity that is, under such regulations as the conference may
establish, inconsistent with the proper discharge of their office.
Within such restrictions, they may engage in any other business,
occupation, or employment which is not inconsistent with the
expeditious, proper, and impartial performance of their duties as
judicial officers.
(June 25, 1948, ch. 646, 62 Stat. 916; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1110.)
1968 -- Pub. L. 90-578 substituted provisions as to character of
service of full-time and part-time United States magistrates for former
provisions prescribing jurisdiction and powers of national park
commissioners and practice and procedure before such officers. See
section 636 of this title.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
28 USC 633. Determination of number, locations, and salaries of
magistrates
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Surveys by the Director. --
(1) The Director shall, within one year immediately following the
date of the enactment of the Federal Magistrates Act, make a careful
survey of conditions in judicial districts to determine (A) the number
of appointments of full-time magistrates and part-time magistrates
required to be made under this chapter to provide for the expeditious
and effective administration of justice, (B) the locations at which such
officers shall serve, and (C) their respective salaries under section
634 of this title. Thereafter, the Director shall, from time to time,
make such surveys, general or local, as the conference shall deem
expedient.
(2) In the course of any survey, the Director shall take into account
local conditions in each judicial district, including the areas and the
populations to be served, the transportation and communications
facilities available, the amount and distribution of business of the
type expected to arise before officers appointed under this chapter
(including such matters as may be assigned under section 636(b) of this
chapter), and any other material factors. The Director shall give
consideration to suggestions from any interested parties, including
district judges, United States commissioners or officers appointed under
this chapter, United States attorneys, bar associations, and other
parties having relevant experience or information.
(3) The surveys shall be made with a view toward creating and
maintaining a system of full-time United States magistrates. However,
should the Director find, as a result of any such surveys, areas in
which the employment of a full-time magistrate would not be feasible or
desirable, he shall recommend the appointment of part-time United States
magistrates in such numbers and at such locations as may be required to
permit prompt and efficient issuance of process and to permit
individuals charged with criminal offenses against the United States to
be brought before a judicial officer of the United States promptly after
arrest.
(b) Determination by the Conference. -- Upon the completion of the
initial surveys required by subsection (a) of this section, the Director
shall report to the district courts, the councils, and the conference
his recommendations concerning the number of full-time magistrates and
part-time magistrates, their respective locations, and the amount of
their respective salaries under section 634 of this title. The district
courts shall advise their respective councils, stating their
recommendations and the reasons therefor; the councils shall advise the
conference, stating their recommendations and the reasons therefor, and
shall also report to the conference the recommendations of the district
courts. The conference shall determine, in the light of the
recommendations of the Director, the district courts, and the councils,
the number of full-time United States magistrates and part-time United
States magistrates, the locations at which they shall serve, and their
respective salaries. Such determinations shall take effect in each
judicial district at such time as the district court for such judicial
district shall determine, but in no event later than one year after they
are promulgated.
(c) Changes in Number, Locations, and Salaries. -- Except as
otherwise provided in this chapter, the conference may, from time to
time, in the light of the recommendations of the Director, the district
courts, and the councils, change the number, locations, and salaries of
full-time and part-time magistrates, as the expeditious administration
of justice may require.
(June 25, 1948, ch. 646, 62 Stat. 916; Aug. 13, 1954, ch. 728,
1(a), (b), 68 Stat. 704; Sept. 2, 1957, Pub. L. 85-276, 1, 2, 71
Stat. 600; Oct. 17, 1968, Pub. L. 90-578, title I, 101, 82 Stat.
1111; Oct. 10, 1979, Pub. L. 96-82, 4, 93 Stat. 645; Nov. 14, 1986,
Pub. L. 99-651, title II, 202(d), 100 Stat. 3648.)
Date of the enactment of the Federal Magistrates Act, referred to in
subsec. (a)(1), means Oct. 17, 1968, the date of enactment of Pub. L.
90-578.
1986 -- Subsec. (b). Pub. L. 99-651 substituted ''section 634'' for
''section 643''.
1979 -- Subsec. (c). Pub. L. 96-82 struck out provision that
determinations of the conference changing the number, locations, and
salaries of full-time and part-time magistrates take effect sixty days
after they are promulgated.
1968 -- Pub. L. 90-578 substituted provisions for determination of
number, locations, and salaries of magistrates, comprising subsecs. (a)
to (c) of this section, relating to: surveys by the Director;
determination by the conference; and changes in number, locations, and
salaries'', respectively, for prior provisions for fees and expenses of
United States commissioners, prescribing in undesignated introductory
provisions a $10,500 limitation for any one calendar year for certain
enumerated services rendered, and in former subsec. (c) for actual and
necessary office expenses, including compensation of a necessary
clerical assistant, of United States commissioners performing full time
duty in office and not engaged in practice of law, now covered in
sections 634 and 635 of this title.
1957 -- Subsec. (a). Pub. L. 85-276, 1, placed in subsec. (a)
provisions of former subsec. (b) relating to limitation of compensation
of commissioners and, among other charges, increased fees and
compensation of commissioners.
Subsec. (b). Pub. L. 85-276, 2, repealed subsec. (b) which limited
compensation of commissioners.
1954 -- Act Aug. 13, 1954, inserted ''and expenses'' after ''Fees''
in section catchline.
Subsec. (c). Act Aug. 13, 1954, added subsec. (c).
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
28 USC 634. Compensation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Officers appointed under this chapter shall receive, as full
compensation for their services, salaries to be fixed by the conference
pursuant to section 633, at rates for full-time United States
magistrates up to an annual rate equal to 92 percent of the salary of a
judge of the district court of the United States, as determined pursuant
to section 135, and at rates for part-time magistrates of not less than
an annual salary of $100, nor more than one-half the maximum salary
payable to a full-time magistrate. In fixing the amount of salary to be
paid to any officer appointed under this chapter, consideration shall be
given to the average number and the nature of matters that have arisen
during the immediately preceding period of five years, and that may be
expected thereafter to arise, over which such officer would have
jurisdiction and to such other factors as may be material. Disbursement
of salaries shall be made by or pursuant to the order of the Director.
(b) Except as provided by section 8344, title 5, relating to
reductions of the salaries of reemployed annuitants under subchapter III
of chapter 83 of such title and unless the office has been terminated as
provided in this chapter, the salary of a full-time United States
magistrate shall not be reduced, during the term in which he is serving,
below the salary fixed for him at the beginning of that term.
(c) All United States magistrates, effective upon their taking the
oath or affirmation of office, and all necessary legal, clerical, and
secretarial assistants employed in the offices of full-time United
States magistrates shall be deemed to be officers and employees in the
judicial branch of the United States Government within the meaning of
subchapter III (relating to civil service retirement) of chapter 83,
chapter 87 (relating to Federal employees' group life insurance), and
chapter 89 (relating to Federal employees' health benefits program) of
title 5. Part-time magistrates shall not be excluded from coverage
under these chapters solely for lack of a prearranged regular tour of
duty. A legal assistant appointed under this section shall be exempt
from the provisions of subchapter I of chapter 63 of title 5, unless
specifically included by the appointing judge or by local rule of court.
(June 25, 1948, ch. 646, 62 Stat. 917; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1112; Sept. 21, 1972, Pub. L. 92-428,
86 Stat. 721; Oct. 17, 1976, Pub. L. 94-520, 1, 90 Stat. 2458; Nov.
6, 1978, Pub. L. 95-598, title II, 232, 92 Stat. 2665; Oct. 10, 1979,
Pub. L. 96-82, 8(b), 93 Stat. 647; July 10, 1984, Pub. L. 98-353,
title I, 108(a), title II, 210, 98 Stat. 342, 351; Dec. 22, 1987,
Pub. L. 100-202, 101(a) (title IV, 408(b)), 101 Stat. 1329, 1329-27;
Nov. 19, 1988, Pub. L. 100-702, title X, 1003(a)(4), 102 Stat. 4665.)
Based on sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a,
133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380, 395h, 395j,
403c-9, 403c-11, 403h-7, 403h-9, 404c-7, 404c-9, 408o, and 408q of title
16, U.S.C., 1940 ed., Conservation (May 7, 1894, ch. 72, 7, 28 Stat.
75; Apr. 17, 1900, ch. 192, 1, 31 Stat. 133; Apr. 20, 1904, ch. 1400,
9, 11, 33 Stat. 189; Mar. 2, 1907, ch. 2516, 2, 34 Stat. 1218; Mar.
3, 1911, ch. 231, 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, 9, 11,
38 Stat. 701; June 30, 1916, ch. 197, 9, 11, 39 Stat. 246; Aug. 21,
1916, ch. 368, 9, 11, 39 Stat. 523, 524; June 2, 1920, ch. 218, 11,
13, 41 Stat. 734; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Apr. 25,
1928, ch. 434, 9, 11, 45 Stat. 461; Apr. 26, 1928, ch. 438, 9, 11,
45 Stat. 465; Mar. 2, 1929, ch. 583, 9, 11, 45 Stat. 1539; Apr. 19,
1930, ch. 200, 9, 11, 46 Stat. 229; June 25, 1935, ch. 309, 2, 3,
49 Stat. 422; Aug. 19, 1937, ch. 703, 9, 11, 50 Stat. 702, 703; June
25, 1938, ch. 684, 2, 52 Stat. 1164; June 28, 1938, ch. 778, 1, 52
Stat. 1213; Mar. 4, 1940, ch. 40, 2, 54 Stat. 43; Mar. 6, 1942, ch.
150, 7, 9, 56 Stat. 135; Mar. 6, 1942, ch. 151, 7, 9, 56 Stat. 137;
Apr. 29, 1942, ch. 264, 7, 9, 56 Stat. 260, 261; June 5, 1942, ch.
341, 7, 9, 56 Stat. 319; Apr. 23, 1946, ch. 202, 4, 60 Stat. 120;
June 24, 1946, ch. 463, 5, 60 Stat. 303).
Section consolidates provisions of sections 29, 72, 74, 80h, 103,
104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f,
256h, 379, 380, 395h, 395j, 403c-9, 403c-11, 403h-7, 403h-9, 404c-7,
404c-9, 408o and 408q of title 16, Conservation, relating to salary and
fees of park commissioners with changes in arrangement and phraseology
necessary to effect consolidation.
The provisions of some of these sections that the park commissioner
should be ''paid an annual salary, as appropriated for by Congress,
payable quarterly'' were rewritten upon advice of the Judicial
Conference Committee on the Revision of the Judicial Code appointed by
the Chief Justice of the United States, in order to place administration
supervision of commissioners upon the district court and the Judicial
Conference of the United States.
The provisions of some of these sections for deposit of fees, costs,
expenses, fines, and penalties with the clerk of district court were
rewritten to provide merely that he shall account for the same as public
moneys.
The provisions of some of these sections with reference to salaries
of the United States attorney and his assistants and the United States
marshal and his deputies were omitted as covered by sections 508 (now
548) and 552 (see Prior Provisions note for that section) of this title.
As finally enacted, section 158d of title 16, U.S.C., which was
derived from act May 15, 1947, ch. 55, 4, 61 Stat. 91, 92, was an
additional source of this section and was accordingly included by Senate
amendment in the schedule of repeals. See 80th Congress Senate Report
No. 1559.
1988 -- Subsec. (c). Pub. L. 100-702 inserted at end ''A legal
assistant appointed under this section shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, unless specifically
included by the appointing judge or by local rule of court.''
1987 -- Subsec. (a). Pub. L. 100-202 amended first sentence
generally. Prior to amendment, first sentence read as follows:
''Officers appointed under this chapter shall receive as full
compensation for their services salaries to be fixed by the conference
pursuant to section 633 of this title, at rates for full-time and
part-time United States magistrates not to exceed rates determined under
section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361) as
adjusted by section 461 of this title except that the salary of a
part-time United States magistrate shall not be less than $100 nor more
than one-half the maximum salary payable to a full-time magistrate.''
1984 -- Subsec. (a). Pub. L. 98-353, 108(a), substituted ''rates
determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C.
351-361) as adjusted by section 461 of this title'' for ''the rates now
or hereafter provided for full-time and part-time referees in
bankruptcy, respectively, referred to in section 40a of the Bankruptcy
Act (11 U.S.C. 68(a)), as amended,''.
Subsec. (c). Pub. L. 98-353, 210, substituted ''subchapter III'' for
''subsection III''.
1979 -- Subsec. (c). Pub. L. 96-82 inserted reference to legal
assistants.
1978 -- Subsec. (a). Pub. L. 95-598 directed the amendment of
subsec. (a) by substituting ''not to exceed $48,500 per annum, subject
to adjustment in accordance with section 225 of the Federal Salary Act
of 1967 and section 461 of this title,'' for ''for full-time and
part-time United States magistrates not to exceed the rates now or
hereafter provided for full-time and part-time referees in bankruptcy,
respectively, referred to in section 40a of the Bankruptcy Act (11
U.S.C. 68(a)), as amended,'', 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.
1976 -- Subsec. (a). Pub. L. 94-520 substituted provision fixing the
maximum annual salary of a part-time magistrate appointed under this
chapter at one-half the maximum salary payable to a full-time magistrate
for a former provision that fixed such annual salaries at $15,000 per
year and provided that the salary of a full-time magistrate was not to
exceed 75% of the annual salary of a United States District Court judge.
1972 -- Subsec. (a). Pub. L. 92-428 substituted limits of
compensation for full-time and part-time United States magistrates at
rates not exceeding those of full-time and part-time referees in
bankruptcy, with exceptions that the salary of a part-time United States
magistrate shall not be less than $100 nor more than $15,000 per annum
and that the salary of a full-time United States magistrate shall not
exceed 75 per cent of the salary of a judge of a district court of the
United States, for provisions fixing maximum limits for full-time and
part-time United States magistrates at $22,500 and $11,000,
respectively, and minimum limit for part-time United States magistrates
at $100 per annum.
1968 -- Pub. L. 90-578 substituted provisions for compensation of
United States magistrates, comprising subsecs. (a) to (c) of this
section and relating to: limitation on amount of compensation and
consideration of certain factors for its determination; reduction of
salaries of full-time magistrates; and consideration as judicial branch
officers and employees of United States magistrates and necessary
clerical and secretarial assistants, for prior provisions for salaries
of park commissioners and disposition of fees, fines, and costs
collected as public moneys.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 100-202 effective Oct. 1, 1988, and any salary
affected by the amendment to be adjusted at beginning of first
applicable pay period commencing on or after such date, see section
101(a) (title IV, 408(d)) of Pub. L. 100-202, set out as a note under
section 153 of this title.
Amendment by section 108(a) of Pub. L. 98-353 effective July 10,
1984, see section 122(a) of Pub. L. 98-353, set out as an Effective
Date note under section 151 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
1987 -- Maximum salaries of U.S. magistrates (full-time) and U.S.
magistrates (part-time) increased respectively to $72,500 and $36,200
per annum, on recommendation of the President of the United States, see
note set out under section 358 of Title 2, The Congress.
Section 108(b) of Pub. L. 98-353 provided that: ''The maximum rates
for salary of full-time and part-time United States magistrates (now
United States magistrate judges) in effect on June 27, 1984, shall
remain in effect until changed as a result of a determination made under
section 634(a) of title 28, United States Code, as amended by this
Act.''
(Section 108(b) of Pub. L. 98-353 effective June 27, 1984, see
section 122(c) of Pub. L. 98-353, set out as an Effective Date note
under section 151 of this title.)
28 USC 635. Expenses
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Full-time United States magistrates serving under this chapter
shall be allowed their actual and necessary expenses incurred in the
performance of their duties, including the compensation of such legal
assistants as the Judicial Conference, on the basis of the
recommendations of the judicial councils of the circuits, considers
necessary, and the compensation of necessary clerical and secretarial
assistance. Such expenses and compensation shall be determined and paid
by the Director under such regulations as the Director shall prescribe
with the approval of the conference. The Administrator of General
Services shall provide such magistrates with necessary courtrooms,
office space, furniture and facilities within United States courthouses
or office buildings owned or occupied by departments or agencies of the
United States, or should suitable courtroom and office space not be
available within any such courthouse or office building, the
Administrator of General Services, at the request of the Director, shall
procure and pay for suitable courtroom and office space, furniture and
facilities for such magistrate in another building, but only if such
request has been approved as necessary by the judicial council of the
appropriate circuit.
(b) Under such regulations as the Director shall prescribe with the
approval of the conference, the Director shall reimburse part-time
magistrates for actual expenses necessarily incurred by them in the
performance of their duties under this chapter. Such reimbursement may
be made, at rates not exceeding those prescribed by such regulations,
for expenses incurred by such part-time magistrates for clerical and
secretarial assistance, stationery, telephone and other communications
services, travel, and such other expenses as may be determined to be
necessary for the proper performance of the duties of such officers:
Provided, however, That no reimbursement shall be made for all or any
portion of the expense incurred by such part-time magistrates for the
procurement of office space.
(June 25, 1948, ch. 646, 62 Stat. 917; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1112; Oct. 10, 1979, Pub. L. 96-82,
8(a), 93 Stat. 646.)
Prior section 663. -- Based on title 28, U.S.C., 1940 ed., 597,
597a, 597b, 597c (May 28, 1896, ch. 252, 21, 24, 29 Stat. 184, 186;
Aug. 1, 1946, ch. 721, 1-4, 60 Stat. 752, 753).
The provision of section 597c of title 28, U.S.C., 1940 ed.,
excepting commissioners in the Territory of Alaska was omitted as
unnecessary since this exception is implicit in the revised section.
The words ''in each judicial district'' limit the section to the
commissioners in the districts enumerated in chapter 5 which includes
Hawaii, Puerto Rico, and District of Columbia but omits Alaska, Canal
Zone, (Guam) and Virgin Islands.
Salaries of park commissioners are provided by section 634 of this
title.
Changes were made in phraseology.
1979 -- Subsec. (a). Pub. L. 96-82 inserted reference to the
compensation of such legal assistants as the Judicial Conference, on the
basis of the recommendations of the judicial councils of the circuits,
considers necessary.
1968 -- Pub. L. 90-578 substituted provisions relating to expenses
for provisions prescribing residence for park commissioners. See
section 631(b)(3) of this title.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
28 USC 636. Jurisdiction, powers, and temporary assignment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each United States magistrate serving under this chapter shall
have within the territorial jurisdiction prescribed by his appointment
--
(1) all powers and duties conferred or imposed upon United States
commissioners by law or by the Rules of Criminal Procedure for the
United States District Courts;
(2) the power to administer oaths and affirmations, issue orders
pursuant to section 3142 of title 18 concerning release or detention of
persons pending trial, and take acknowledgements, affidavits, and
depositions;
(3) the power to conduct trials under section 3401, title 18, United
States Code, in conformity with and subject to the limitations of that
section, /1/ and
(4) the power to enter a sentence for a misdemeanor or infraction
with the consent of the parties.
(b)(1) Notwithstanding any provision of law to the contrary --
(A) a judge may designate a magistrate to hear and determine any
pretrial matter pending before the court, except a motion for injunctive
relief, for judgment on the pleadings, for summary judgment, to dismiss
or quash an indictment or information made by the defendant, to suppress
evidence in a criminal case, to dismiss or to permit maintenance of a
class action, to dismiss for failure to state a claim upon which relief
can be granted, and to involuntarily dismiss an action. A judge of the
court may reconsider any pretrial matter under this subparagraph (A)
where it has been shown that the magistrate's order is clearly erroneous
or contrary to law.
(B) a judge may also designate a magistrate to conduct hearings,
including evidentiary hearings, and to submit to a judge of the court
proposed findings of fact and recommendations for the disposition, by a
judge of the court, of any motion excepted in subparagraph (A), of
applications for posttrial /2/ relief made by individuals convicted of
criminal offenses and of prisoner petitions challenging conditions of
confinement.
(C) the magistrate shall file his proposed findings and
recommendations under subparagraph (B) with the court and a copy shall
forthwith be mailed to all parties.
Within ten days after being served with a copy, any party may serve
and file written objections to such proposed findings and
recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is
made. A judge of the court may accept, reject, or modify, in whole or
in part, the findings or recommendations made by the magistrate. The
judge may also receive further evidence or recommit the matter to the
magistrate with instructions.
(2) A judge may designate a magistrate to serve as a special master
pursuant to the applicable provisions of this title and the Federal
Rules of Civil Procedure for the United States district courts. A judge
may designate a magistrate to serve as a special master in any civil
case, upon consent of the parties, without regard to the provisions of
rule 53(b) of the Federal Rules of Civil Procedure for the United States
district courts.
(3) A magistrate may be assigned such additional duties as are not
inconsistent with the Constitution and laws of the United States.
(4) Each district court shall establish rules pursuant to which the
magistrates shall discharge their duties.
(c) Notwithstanding any provision of law to the contrary --
(1) Upon the consent of the parties, a full-time United States
magistrate or a part-time United States magistrate who serves as a
full-time judicial officer may conduct any or all proceedings in a jury
or nonjury civil matter and order the entry of judgment in the case,
when specially designated to exercise such jurisdiction by the district
court or courts he serves. Upon the consent of the parties, pursuant to
their specific written request, any other part-time magistrate may
exercise such jurisdiction, if such magistrate meets the bar membership
requirements set forth in section 631(b)(1) and the chief judge of the
district court certifies that a full-time magistrate is not reasonably
available in accordance with guidelines established by the judicial
council of the circuit. When there is more than one judge of a district
court, designation under this paragraph shall be by the concurrence of a
majority of all the judges of such district court, and when there is no
such concurrence, then by the chief judge.
(2) If a magistrate is designated to exercise civil jurisdiction
under paragraph (1) of this subsection, the clerk of court shall, at the
time the action is filed, notify the parties of the availability of a
magistrate to exercise such jurisdiction. The decision of the parties
shall be communicated to the clerk of court. Thereafter, either the
district court judge or the magistrate may again advise the parties of
the availability of the magistrate, but in so doing, shall also advise
the parties that they are free to withhold consent without adverse
substantive consequences. Rules of court for the reference of civil
matters to magistrates shall include procedures to protect the
voluntariness of the parties' consent.
(3) Upon entry of judgment in any case referred under paragraph (1)
of this subsection, an aggrieved party may appeal directly to the
appropriate United States court of appeals from the judgment of the
magistrate in the same manner as an appeal from any other judgment of a
district court. In this circumstance, the consent of the parties allows
a magistrate designated to exercise civil jurisdiction under paragraph
(1) of this subsection to direct the entry of a judgment of the district
court in accordance with the Federal Rules of Civil Procedure. Nothing
in this paragraph shall be construed as a limitation of any party's
right to seek review by the Supreme Court of the United States.
(4) Notwithstanding the provisions of paragraph (3) of this
subsection, at the time of reference to a magistrate, the parties may
further consent to appeal on the record to a judge of the district court
in the same manner as on an appeal from a judgment of the district court
to a court of appeals. Wherever possible the local rules of the
district court and the rules promulgated by the conference shall
endeavor to make such appeal inexpensive. The district court may
affirm, reverse, modify, or remand the magistrate's judgment.
(5) Cases in the district courts under paragraph (4) of this
subsection may be reviewed by the appropriate United States court of
appeals upon petition for leave to appeal by a party stating specific
objections to the judgment. Nothing in this paragraph shall be
construed to be a limitation on any party's right to seek review by the
Supreme Court of the United States.
(6) The court may, for good cause shown on its own motion, or under
extraordinary circumstances shown by any party, vacate a reference of a
civil matter to a magistrate under this subsection.
(7) The magistrate shall, subject to guidelines of the Judicial
Conference, determine whether the record taken pursuant to this section
shall be taken by electronic sound recording, by a court reporter, or by
other means.
(d) The practice and procedure for the trial of cases before officers
serving under this chapter, and for the taking and hearing of appeals to
the district courts, shall conform to rules promulgated by the Supreme
Court pursuant to section 2072 of this title.
(e) In a proceeding before a magistrate, any of the following acts or
conduct shall constitute a contempt of the district court for the
district wherein the magistrate is sitting: (1) disobedience or
resistance to any lawful order, process, or writ; (2) misbehavior at a
hearing or other proceeding, or so near the place thereof as to obstruct
the same; (3) failure to produce, after having been ordered to do so,
any pertinent document; (4) refusal to appear after having been
subpenaed or, upon appearing, refusal to take the oath or affirmation as
a witness, or, having taken the oath or affirmation, refusal to be
examined according to law; or (5) any other act or conduct which if
committed before a judge of the district court would constitute contempt
of such court. Upon the commission of any such act or conduct, the
magistrate shall forthwith certify the facts to a judge of the district
court and may serve or cause to be served upon any person whose behavior
is brought into question under this section an order requiring such
person to appear before a judge of that court upon a day certain to show
cause why he should not be adjudged in contempt by reason of the facts
so certified. A judge of the district court shall thereupon, in a
summary manner, hear the evidence as to the act or conduct complained of
and, if it is such as to warrant punishment, punish such person in the
same manner and to the same extent as for a contempt committed before a
judge of the court, or commit such person upon the conditions applicable
in the case of defiance of the process of the district court or
misconduct in the presence of a judge of that court.
(f) In an emergency and upon the concurrence of the chief judges of
the districts involved, a United States magistrate may be temporarily
assigned to perform any of the duties specified in subsection (a) or (b)
of this section in a judicial district other than the judicial district
for which he has been appointed. No magistrate shall perform any of
such duties in a district to which he has been temporarily assigned
until an order has been issued by the chief judge of such district
specifying (1) the emergency by reason of which he has been transferred,
(2) the duration of his assignment, and (3) the duties which he is
authorized to perform. A magistrate so assigned shall not be entitled
to additional compensation but shall be reimbursed for actual and
necessary expenses incurred in the performance of his duties in
accordance with section 635.
(g) A United States magistrate may perform the verification function
required by section 4107 of title 18, United States Code. A magistrate
may be assigned by a judge of any United States district court to
perform the verification required by section 4108 and the appointment of
counsel authorized by section 4109 of title 18, United States Code, and
may perform such functions beyond the territorial limits of the United
States. A magistrate assigned such functions shall have no authority to
perform any other function within the territory of a foreign country.
(h) A United States magistrate who has retired may, upon the consent
of the chief judge of the district involved, be recalled to serve as a
magistrate in any judicial district by the judicial council of the
circuit within which such district is located. Upon recall, a
magistrate may receive a salary for such service in accordance with
regulations promulgated by the Judicial Conference, subject to the
restrictions on the payment of an annuity set forth in section 377 of
this title or in subchapter III of chapter 83, and chapter 84, of title
5 which are applicable to such magistrate. The requirements set forth
in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of
subsection (b) of such section to the extent such paragraph requires
membership of the bar of the location in which an individual is to serve
as a magistrate, shall not apply to the recall of a retired magistrate
under this subsection or section 375 of this title. Any other
requirement set forth in section 631(b) shall apply to the recall of a
retired magistrate under this subsection or section 375 of this title
unless such retired magistrate met such requirement upon appointment or
reappointment as a magistrate under section 631.
(June 25, 1948, ch. 646, 62 Stat. 917; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1113; Mar. 1, 1972, Pub. L. 92-239,
1, 2, 86 Stat. 47; Oct. 21, 1976, Pub. L. 94-577, 1, 90 Stat. 2729;
Oct. 28, 1977, Pub. L. 95-144, 2, 91 Stat. 1220; Oct. 10, 1979, Pub.
L. 96-82, 2, 93 Stat. 643; Oct. 12, 1984, Pub. L. 98-473, title II,
208, 98 Stat. 1986; Nov. 8, 1984, Pub. L. 98-620, title IV,
402(29)(B), 98 Stat. 3359; Nov. 14, 1986, Pub. L. 99-651, title II,
201(a)(2), 100 Stat. 3647; Nov. 15, 1988, Pub. L. 100-659, 4(c), 102
Stat. 3918; Nov. 18, 1988, Pub. L. 100-690, title VII, 7322, 102 Stat.
4467; Nov. 19, 1988, Pub. L. 100-702, title IV, 404(b)(1), title X,
1014, 102 Stat. 4651, 4669; Dec. 1, 1990, Pub. L. 101-650, title III,
308(a), 104 Stat. 5112.)
Prior jurisdiction, powers, and procedure provisions in section 632.
-- Based on sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b,
204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5, and 408m of title
16, U.S.C., 1940 ed., Conservation (May 7, 1894, ch. 72, 5, 28 Stat.
74; Apr. 20, 1904, ch. 1400, 6, 33 Stat. 188; Mar. 2, 1907, ch. 2516,
1, 2, 34 Stat. 1218; Mar. 3, 1911, ch. 230, 36 Stat. 1086; Mar. 3,
1911, ch. 231, 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, 6, 38
Stat. 700; June 30, 1916, ch. 197, 6, 39 Stat. 245; Aug. 21, 1916,
ch. 368, 6, 39 Stat. 523; June 2, 1920, ch. 218, 7, 8, 41 Stat.
733; Apr. 25, 1928, ch. 434, 6, 45 Stat. 460; Apr. 26, 1928, ch. 438,
6, 45 Stat. 464; Apr. 19, 1930, ch. 200, 6, 4 Stat. 228; May 2,
1932, ch. 155, 3, 47 Stat. 145; June 25, 1935, ch. 309, 1, 49 Stat.
422; Aug. 19, 1937, ch. 703, 5, 6, 50 Stat. 702; June 25, 1938, ch.
684, 1, 52 Stat. 1164; June 28, 1938, ch. 778, 1, 52 Stat. 1213;
Mar. 4, 1940, ch. 40, 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, 5, 56
Stat. 134; Mar. 6, 1942, ch. 151, 5, 56 Stat. 137; Apr. 29, 1942, ch.
264, 5, 56 Stat. 260; June 5, 1942, ch. 341, 5, 56 Stat. 318; Apr.
23, 1946, ch. 202, 2, 60 Stat. 120; June 24, 1946, ch. 463, 2, 60
Stat. 303).
Section consolidates provisions of sections 27, 66, 67, 68, 80f, 100,
117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5,
404c-5 and 408m of title 16, U.S.C., 1940 ed., relating to jurisdiction
and powers of park commissioners with necessary changes in arrangement
and phraseology. For other provisions of such sections, see
Distribution Table.
The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b,
204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of title
16, U.S.C., 1940 ed., relating to the powers of park commissioners
respecting issuance of warrants of arrest and other process were omitted
and are recommended for repeal as covered by sections 3041 and 3141 of
revised title 18 (H.R. 1600, 80th Cong.), and Rules, 4, 5(c), and 9 of
the new Federal Rules of Criminal Procedure.
Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b,
204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of title
16, U.S.C., 1940 ed., for arrest without warrant for violation of law or
regulation within a national park were also omitted and are recommended
for repeal as covered by section 3054 of revised title 18 (H.R. 2200,
79th Cong.), Rule 4 of the Federal Rules of Criminal Procedure and Rule
4 of the Federal Rules of Civil Procedure.
As finally enacted, section 158b of Title 16, U.S.C., which was
derived from act May 15, 1947, ch. 55, 2, 61 Stat. 92, was an
additional source of this section, and such act was accordingly included
by Senate amendment in the schedule of repeals. No change in the text
of the section was necessary as the result of inclusion of such section
158b. See 80th Congress Senate Report No. 1559.
As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which
amended section 403c-5 of Title 16, U.S.C., was an additional source of
this section, and such act was accordingly included by Senate amendment
in the schedule of repeals. See 80th Congress Senate Report No. 1559.
Prior oaths, acknowledgments, affidavits, and depositions provisions
in section 637. -- Based on title 28, U.S.C., 1940 ed., 525, 758 (R.S.
945; May 28, 1896, ch. 252, 19, 29 Stat. 184; Mar. 2, 1901, ch. 814,
31 Stat. 956; Mar. 3, 1911, ch. 231, 291, 36 Stat. 1167).
This section consolidates part of section 525 with section 758 of
title 28, U.S.C., 1940 ed. The provision of said section 525 empowering
clerks and deputy clerks to administer oaths is incorporated in section
953 of this title. The provision of said section 758 that
acknowledgments of bail and affidavits should have the same effect as if
taken before judges was omitted as surplusage.
The exception as to Alaska, provided in section 591 of title 28,
U.S.C., 1940 ed., and referred to in section 525 of title 28, U.S.C.,
1940 ed., was omitted as unnecessary since section 108 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions, and section 1119
of the Compiled Laws of Alaska, 1933, give commissioners all powers of
notaries public. See also reviser's notes to sections 631 and 633 of
this title.
Word ''acknowledgments'' was inserted to make it clear that
commissioners, like justices of the peace, can take acknowledgments as
well as oaths, affidavits, etc.
The authority to take depositions was included to conform to Federal
Rules of Civil Procedure, Rule 28.
Changes were made in phraseology.
The Rules of Criminal Procedure for the United States District
Courts, referred to in subsec. (a)(1), are set out in the Appendix to
Title 18, Crimes and Criminal Procedure.
The Federal Rules of Civil Procedure for the United States district
courts, referred to in subsecs. (b)(2) and (c)(3), are set out in the
Appendix to this title.
1990 -- Subsec. (c)(2). Pub. L. 101-650 substituted ''the
availability of a magistrate to exercise'' for ''their right to consent
to the exercise of'' in first sentence and amended third sentence
generally. Prior to amendment, third sentence read as follows:
''Thereafter, neither the district judge nor the magistrate shall
attempt to persuade or induce any party to consent to reference of any
civil matter to a magistrate.''
1988 -- Subsec. (a)(4). Pub. L. 100-690 added par. (4).
Subsec. (c)(7). Pub. L. 100-702, 1014, amended par. (7) generally.
Prior to amendment, par. (7) read as follows: ''The magistrate shall
determine, taking into account the complexity of the particular matter
referred to the magistrate, whether the record in the proceeding shall
be taken, pursuant to section 753 of this title, by electronic sound
recording means, by a court reporter appointed or employed by the court
to take a verbatim record by shorthand or by mechanical means, or by an
employee of the court designated by the court to take such a verbatim
record. Notwithstanding the magistrate's determination, (A) the
proceeding shall be taken down by a court reporter if any party so
requests, (B) the proceeding shall be recorded by a means other than a
court reporter if all parties so agree, and (C) no record of the
proceeding shall be made if all parties so agree. Reporters referred to
in this paragraph may be transferred for temporary service in any
district court of the judicial circuit for reporting proceedings under
this subsection, or for other reporting duties in such court.''
Subsec. (d). Pub. L. 100-702, 404(b)(1), substituted ''section 2072
of this title'' for ''section 3402 of title 18, United States Code''.
Subsec. (h). Pub. L. 100-659 inserted ''section 377 of this title or
in'' after ''annuity set forth in'' and ''which are applicable to such
magistrate'' after ''title 5'' in second sentence.
1986 -- Subsec. (h). Pub. L. 99-651 added subsec. (h).
1984 -- Subsec. (a)(2). Pub. L. 98-473 substituted ''issue orders
pursuant to section 3142 of title 18 concerning release or detention of
persons pending trial'' for ''impose conditions of release under section
3146 of title 18''.
Subsec. (c)(4). Pub. L. 98-620 struck out ''expeditious and'' before
''inexpensive''.
1979 -- Subsec. (c). Pub. L. 96-82, 2(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsecs. (d) to (g). Pub. L. 96-82, 2(1), redesignated former
subsecs. (c) to (f) as (d) to (g), respectively.
1977 -- Subsec. (f). Pub. L. 95-144 added subsec. (f).
1976 -- Subsec. (b). Pub. L. 94-577 completely revised provisions
under which additional duties may be assigned to a United States
Magistrate by allowing, among other additional duties, the assignment of
pretrial matters, dispositive motions, and service as a special master.
1972 -- Pub. L. 92-239, 2, substituted ''Jurisdiction, powers, and
temporary assignment'' for ''Jurisdiction and powers'' in section
catchline.
Subsec. (e). Pub. L. 92-239, 1, added subsec. (e).
1968 -- Pub. L. 90-578 substituted provisions declaratory of
jurisdiction and powers of United States magistrates for prior
provisions respecting rendition of accounts by United States
commissioners.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by section 404(b)(1) of Pub. L. 100-702 effective Dec. 1,
1988, see section 407 of Pub. L. 100-702, set out as a note under
section 2071 of this title.
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and
applicable to bankruptcy judges and magistrates (now United States
magistrate judges) who retire on or after Nov. 15, 1988, with exception
for judges and magistrates retiring on or after July 31, 1987, see
section 9 of Pub. L. 100-659, set out as an Effective Date note under
section 377 of this title.
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
title 19 section 1915; title 46 sections 4311, 12309.
/1/ So in original. The comma probably should be a semicolon.
/2/ So in original. Probably should be ''post-trial''.
28 USC 637. Training
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Federal Judicial Center shall conduct periodic training programs
and seminars for both full-time and part-time United States magistrates,
including an introductory training program for new magistrates, to be
held within one year after initial appointment.
(June 25, 1948, ch. 646, 62 Stat. 917; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1114.)
1968 -- Pub. L. 90-578 substituted provisions for periodic training
programs and seminars for United States magistrates for prior
authorization of United States commissioners to administer oaths and
take bail, acknowledgements, affidavits, and depositions, now
incorporated in section 636(a)(2) of this title.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
28 USC 638. Dockets and forms; United States Code; seals
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Director shall furnish to United States magistrates adequate
docket books and forms prescribed by the Director. The Director shall
also furnish to each such officer a copy of the current edition of the
United States Code.
(b) All property furnished to any such officer shall remain the
property of the United States and, upon the termination of his term of
office, shall be transmitted to his successor in office or otherwise
disposed of as the Director orders.
(c) The Director shall furnish to each United States magistrate
appointed under this chapter an official impression seal in a form
prescribed by the conference. Each such officer shall affix his seal to
every jurat or certificate of his official acts without fee.
(June 25, 1948, ch. 646, 62 Stat. 917; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1114.)
Based on title 28, U.S.C., 1940 ed., 528, 528a (June 28, 1906, ch.
3573, 34 Stat. 546; July 10, 1946, ch. 548, 60 Stat. 525).
Section consolidates section 528 and part of section 528a of title
28, U.S.C., 1940 ed., with changes in phraseology necessary to effect
consolidation.
Provisions of section 528a of title 28, U.S.C., 1940 ed., relating to
dockets and forms, are incorporated in section 639 of this title.
Words ''Director of the Administrative Office of the United States
Courts'' were substituted for ''Attorney General'', contained in section
528 of title 28, U.S.C., 1940 ed., in view of Act Aug. 7, 1939, ch.
501, 6, 53 Stat. 1226, 28 U.S.C., 1940 ed., following 446, giving the
Directors supervision of court administrative matters.
Changes in phraseology were made.
1968 -- Subsec. (a). Pub. L. 90-578 incorporated in provisions
designated as subsec. (a) provisions of first par. of former section
639 of this title, substituting ''United States magistrates'' for prior
designation as ''United States Commissioners'', specifying that the copy
of the United States Code be a current edition, and dispensing with
approval by the chief judge of the district court for a copy of such
Code.
Subsec. (b). Pub. L. 90-578 incorporated in provisions designated as
subsec. (b) provisions of the second par. of former section 639 of
this title.
Subsec. (c). Pub. L. 90-578 designated existing provisions as subsec.
(c), and substituted ''United States magistrate'' for ''United States
commissioner'', provision for appointment under this chapter rather than
after July 10, 1946, provision that the form of the seal be prescribed
by the conference rather than the Director, and ''without fee'' for
''without additional fee''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
28 USC 639. Definitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in this chapter --
(1) ''Conference'' shall mean the Judicial Conference of the United
States;
(2) ''Council'' shall mean the Judicial Council of the Circuit;
(3) ''Director'' shall mean the Director of the Administrative Office
of the United States Courts;
(4) ''Full-time magistrate'' shall mean a full-time United States
magistrate;
(5) ''Part-time magistrate'' shall mean a part-time United States
magistrate; and
(6) ''United States magistrate'' and ''magistrate'' shall mean both
full-time and part-time United States magistrates.
(June 25, 1948, ch. 646, 62 Stat. 917; Oct. 17, 1968, Pub. L.
90-578, title I, 101, 82 Stat. 1114.)
Based on title 28, U.S.C., 1940 ed., 528a (July 10, 1946, ch. 548,
60 Stat. 525).
Provisions of section 528a of title 28, U.S.C., 1940 ed., for
furnishing seal is included in section 638 of this title.
Changes were made in phraseology.
1968 -- Pub. L. 90-578 substituted definition provisions for prior
requirements obligating the Director to furnish docket books and forms
to United States commissioners and, with approval of the chief judge of
the district court, a copy of the United States Code, declaring such
property to remain United States property, and calling for transmission
of such property to successors in office or for its disposal as directed
by the Director, now incorporated in section 638(a) and (b) of this
title.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
this title.
28 USC CHAPTER 44 -- ARBITRATION
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
651. Authorization of arbitration.
652. Jurisdiction.
653. Powers of arbitrator; arbitration hearing.
654. Arbitration award and judgment.
655. Trial de novo.
656. Certification of arbitrators.
657. Compensation of arbitrators.
658. District courts that may authorize arbitration.
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this chapter is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
28 USC 651. Authorization of arbitration
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Authority of Certain District Courts. -- Each United States
district court described in section 658 may authorize by local rule the
use of arbitration in any civil action, including an adversary
proceeding in bankruptcy. A district court described in section 658(1)
may refer any such action to arbitration as set forth in section 652(a).
A district court described in section 658(2) may refer only such
actions to arbitration as are set forth in section 652(a)(1)(A).
(b) Title 9 Not Affected. -- This chapter shall not affect title 9.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4659.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note below.
Section 907 of title IX of Pub. L. 100-702 provided that: ''This
title and the amendments made by this title (enacting this chapter and
provisions set out as notes under this section and section 652 of this
title) shall take effect 180 days after the date of enactment of this
Act (Nov. 19, 1988).''
Section 906 of Pub. L. 100-702 provided that: ''Effective 5 years
after the date of the enactment of this Act (Nov. 19, 1988), chapter 44,
as added by section 901 of this Act, and the item relating to that
chapter in the table of chapters at the beginning of part III of such
title, are repealed, except that the provisions of that chapter shall
continue to apply through final disposition of all actions in which
referral to arbitration was made before the date of repeal.''
Section 902 of title IX of Pub. L. 100-702 provided that: ''The
Judicial Conference of the United States may develop model rules
relating to procedures for arbitration under chapter 44, as added by
section 901 of this Act. No model rule may supersede any provision of
such chapter 44, this title (enacting this chapter and provisions set
out as notes under this section and section 652 of this title), or any
law of the United States.''
Section 903 of Pub. L. 100-702 provided that:
''(a) Annual Report by Director of Administrative Office of the
United States Courts. -- The Director of the Administrative Office of
the United States Courts shall include in the annual report of the
activities of the Administrative Office required under section 604(a)(3)
(28 U.S.C. 604(a)(3)), statistical information about the implementation
of chapter 44, as added by section 901 of this Act.
''(b) Report by Federal Judicial Center. -- Not later than 5 years
after the date of enactment of this Act (Nov. 19, 1988), the Federal
Judicial Center, in consultation with the Director of the Administrative
Office of the United States Courts, shall submit to the Congress a
report on the implementation of chapter 44, as added by section 901 of
this Act, which shall include the following:
''(1) A description of the arbitration programs authorized by such
chapter, as conceived and as implemented in the judicial districts in
which such programs are authorized.
''(2) A determination of the level of satisfaction with the
arbitration programs in those judicial districts by a sampling of court
personnel, attorneys, and litigants whose cases have been referred to
arbitration.
''(3) A summary of those program features that can be identified as
being related to program acceptance both within and across judicial
districts.
''(4) A description of the levels of satisfaction relative to the
cost per hearing of each program.
''(5) Recommendations to the Congress on whether to terminate or
continue chapter 44, or, alternatively, to enact an arbitration
provision in title 28, United States Code, authorizing arbitration in
all Federal district courts.''
Section 904 of title IX of Pub. L. 100-702 provided that: ''Nothing
in this title (enacting this chapter and provisions set out as notes
under this section and section 652 of this title), or in chapter 44, as
added by section 901 of this Act, is intended to abridge, modify, or
enlarge the rule making powers of the Federal judiciary.''
Section 905 of Pub. L. 100-702 provided that: ''There are
authorized to be appropriated for the fiscal year ending September 30,
1989, and for each of the succeeding 4 fiscal years, to the judicial
branch such sums as may be necessary to carry out the purposes of
chapter 44, as added by section 901 of this Act. Funds appropriated
under this section shall be allocated by the Administrative Office of
the United States Courts to Federal judicial districts and the Federal
Judicial Center. The funds so appropriated are authorized to remain
available until expended, except that such funds may not be expended for
the arbitration of actions referred to arbitration after the date of
repeal set forth in section 906 of this Act (set out as an Effective
Date of Repeal note above).''
28 USC 652. Jurisdiction
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Actions That May Be Referred to Arbitration. -- (1)
Notwithstanding any provision of law to the contrary and except as
provided in subsections (b) and (c) of this section, and section 901(c)
of the Judicial Improvements and Access to Justice Act, a district court
that authorizes arbitration under section 651 may --
(A) allow the referral to arbitration of any civil action (including
any adversary proceeding in bankruptcy) pending before it if the parties
consent to arbitration, and
(B) require the referral to arbitration of any civil action pending
before it if the relief sought consists only of money damages not in
excess of $100,000 or such lesser amount as the district court may set,
exclusive of interest and costs.
(2) For purposes of paragraph (1)(B), a district court may presume
damages are not in excess of $100,000 unless counsel certifies that
damages exceed such amount.
(b) Actions That May Not Be Referred Without Consent of Parties. --
Referral to arbitration under subsection (a)(1)(B) may not be made --
(1) of an action based on an alleged violation of a right secured by
the Constitution of the United States, or
(2) if jurisdiction is based in whole or in part on section 1343 of
this title.
(c) Exceptions From Arbitration. -- Each district court shall
establish by local rule procedures for exempting, sua sponte or on
motion of a party, any case from arbitration in which the objectives of
arbitration would not be realized --
(1) because the case involves complex or novel legal issues,
(2) because legal issues predominate over factual issues, or
(3) for other good cause.
(d) Safeguards in Consent Cases. -- In any civil action in which
arbitration by consent is allowed under subsection (a)(1)(A), the
district court shall by local rule establish procedures to ensure that
--
(1) consent to arbitration is freely and knowingly obtained, and
(2) no party or attorney is prejudiced for refusing to participate in
arbitration.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4659.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
Section 901(c) of the Judicial Improvements and Access to Justice
Act, referred to in subsec. (a)(1), is section 901(c) of Pub. L.
100-702, which is set out as a note below.
Section 901(c) of Pub. L. 100-702 provided that: ''Notwithstanding
section 652 (28 U.S.C. 652) (as added by subsection (a) of this
section), establishing a limitation of $100,000 in money damages with
respect to cases referred to arbitration, a district court listed in
section 658 (28 U.S.C. 658) (as added by subsection (a) of this
section), whose local rule on the date of the enactment of this Act
(Nov. 19, 1988) provides for a limitation on money damages, with respect
to such cases, of not more than $150,000, may continue to apply the
higher limitation.''
28 USC 653. Powers of arbitrator; arbitration hearing
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Powers. -- An arbitrator to whom an action is referred under
section 652 shall have, within the judicial district of the district
court which referred the action to arbitration, the power --
(1) to conduct arbitration hearings,
(2) to administer oaths and affirmations, and
(3) to make awards.
(b) Time for Beginning Arbitration Hearing. -- An arbitration hearing
under this chapter shall begin within a time period specified by the
district court, but in no event later than 180 days after the filing of
an answer, except that the arbitration proceeding shall not, in the
absence of the consent of the parties, commence until 30 days after the
disposition by the district court of any motion to dismiss the
complaint, motion for judgment on the pleadings, motion to join
necessary parties, or motion for summary judgment, if the motion was
filed during a time period specified by the district court. The 180-day
and 30-day periods specified in the preceding sentence may be modified
by the court for good cause shown.
(c) Subpoenas. -- Rule 45 of the Federal Rules of Civil Procedure
(relating to subpoenas) applies to subpoenas for the attendance of
witnesses and the production of documentary evidence at an arbitration
hearing under this chapter.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4660.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
The Federal Rules of Civil Procedure, referred to in subsec. (c),
are set out in the Appendix to this title.
28 USC 654. Arbitration award and judgment
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Filing and Effect of Arbitration Award. -- An arbitration award
made by an arbitrator under this chapter, along with proof of service of
such award on the other party by the prevailing party or by the
plaintiff, shall, promptly after the arbitration hearing is concluded,
be filed with the clerk of the district court that referred the case to
arbitration. Such award shall be entered as the judgment of the court
after the time has expired for requesting a trial de novo under section
655. The judgment so entered shall be subject to the same provisions of
law and shall have the same force and effect as a judgment of the court
in a civil action, except that the judgment shall not be subject to
review in any other court by appeal or otherwise.
(b) Sealing of Arbitration Award. -- The district court shall provide
by local rule that the contents of any arbitration award made under this
chapter shall not be made known to any judge who might be assigned to
the case --
(1) except as necessary for the court to determine whether to assess
costs or attorney fees under section 655,
(2) until the district court has entered final judgment in the action
or the action has been otherwise terminated, or
(3) except for purposes of preparing the report required by section
903(b) of the Judicial Improvements and Access to Justice Act.
(c) Taxation of Costs. -- The district court may by rule allow for
the inclusion of costs as provided in section 1920 of this title as a
part of the arbitration award.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4660.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
Section 903(b) of the Judicial Improvements and Access to Justice
Act, referred to in subsec. (b)(3), is section 903(b) of Pub. L.
100-702, which is set out as a note under section 651 of this title.
28 USC 655. Trial de novo
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Time for Demand. -- Within 30 days after the filing of an
arbitration award with a district court under section 654, any party may
file a written demand for a trial de novo in the district court.
(b) Restoration to Court Docket. -- Upon a demand for a trial de
novo, the action shall be restored to the docket of the court and
treated for all purposes as if it had not been referred to arbitration.
In such a case, any right of trial by jury that a party otherwise would
have had, as well as any place on the court calendar which is no later
than that which a party otherwise would have had, are preserved.
(c) Limitation on Admission of Evidence. -- The court shall not admit
at the trial de novo any evidence that there has been an arbitration
proceeding, the nature or amount of any award, or any other matter
concerning the conduct of the arbitration proceeding, unless --
(1) the evidence would otherwise be admissible in the court under the
Federal Rules of Evidence, or
(2) the parties have otherwise stipulated.
(d) Taxation of Arbitrator Fees as Cost. -- (1)(A) A district court
may provide by rule that, in any trial de novo under this section,
arbitrator fees paid under section 657 may be taxed as costs against the
party demanding the trial de novo.
(B) Such rule may provide that a party demanding a trial de novo
under subsection (a), other than the United States or its agencies or
officers, shall deposit a sum equal to such arbitrator fees as advanced
payment of such costs, unless the party is permitted to proceed in forma
pauperis.
(2) Arbitrator fees shall not be taxed as costs under paragraph
(1)(A), and any sum deposited under paragraph (1)(B) shall be returned
to the party demanding the trial de novo, if --
(A) the party demanding the trial de novo obtains a final judgment
more favorable than the arbitration award, or
(B) the court determines that the demand for the trial de novo was
made for good cause.
(3) Any arbitrator fees taxed as costs under paragraph (1)(A), and
any sum deposited under paragraph (1)(B) that is not returned to the
party demanding the trial de novo, shall be paid to the Treasury of the
United States.
(4) Any rule under this subsection shall provide that no penalty for
demanding a trial de novo, other than that provided in this subsection,
shall be assessed by the court.
(e) Assessment of Costs and Attorney Fees. -- In any trial de novo
demanded under subsection (a) in which arbitration was done by consent
of the parties, a district court may assess costs, as provided in
section 1920 of this title, and reasonable attorney fees against the
party demanding the trial de novo if --
(1) such party fails to obtain a judgment, exclusive of interest and
costs, in the court which is substantially more favorable to such party
than the arbitration award, and
(2) the court determines that the party's conduct in seeking a trial
de novo was in bad faith.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4661.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
The Federal Rules of Evidence, referred to in subsec. (c)(1), are
set out in the Appendix to this title.
28 USC 656. Certification of arbitrators
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Standards for Certification. -- Each district court listed in
section 658 shall establish standards for the certification of
arbitrators and shall certify arbitrators to perform services in
accordance with such standards and this chapter. The standards shall
include provisions requiring that any arbitrator --
(1) shall take the oath or affirmation described in section 453, and
(2) shall be subject to the disqualification rules of section 455.
(b) Treatment of Arbitrator as Independent Contractor and Special
Government Employee. -- An arbitrator is an independent contractor and
is subject to the provisions of sections 201 through 211 of title 18 to
the same extent as such provisions apply to a special Government
employee of the executive branch. A person may not be barred from the
practice of law because such person is an arbitrator.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4662.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
28 USC 657. Compensation of arbitrators
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Compensation. -- The district court may, subject to limits set by
the Judicial Conference of the United States, establish and pay the
amount of compensation, if any, that each arbitrator shall receive for
services rendered in each case.
(b) Transportation Allowances. -- Under regulations prescribed by the
Director of the Administrative Office of the United States Courts, a
district court may reimburse arbitrators for actual transportation
expenses necessarily incurred in the performance of duties under this
chapter.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4662.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
28 USC 658. District courts that may authorize arbitration
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts for the following judicial districts may
authorize the use of arbitration under this chapter:
(1) Northern District of California, Middle District of Florida,
Western District of Michigan, Western District of Missouri, District of
New Jersey, Eastern District of New York, Middle District of North
Carolina, Western District of Oklahoma, Eastern District of
Pennsylvania, and Western District of Texas.
(2) Ten additional judicial districts, which shall be approved by the
Judicial Conference of the United States. The Judicial Conference shall
give notice of the 10 districts approved under this paragraph to the
Federal Judicial Center and to the public.
(Added Pub. L. 100-702, title IX, 901(a), Nov. 19, 1988, 102 Stat.
4662.)
Pub. L. 100-702, title IX, 906, Nov. 19, 1988, 102 Stat. 4664,
provided that, effective 5 years after Nov. 19, 1988, this section is
repealed. See Effective Date of Repeal note set out under section 651
of this title.
28 USC CHAPTER 45 -- SUPREME COURT
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
671. Clerk.
672. Marshal.
673. Reporter.
674. Librarian.
675. Law clerks and secretaries.
676. Printing and binding.
677. Administrative Assistant to the Chief Justice.
1972 -- Pub. L. 92-238, 2, Mar. 1, 1972, 86 Stat. 46, added item
677.
General provisions applicable to court officers and employees, see
sections 951 et seq. of this title.
28 USC 671. Clerk
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Supreme Court may appoint and fix the compensation of a clerk
and one or more deputy clerks. The clerk shall be subject to removal by
the Court. Deputy clerks shall be subject to removal by the clerk with
the approval of the Court or the Chief Justice of the United States.
((b) Repealed. Pub. L. 92-310, title II, 206(c), June 6, 1972, 86
Stat. 203.)
(c) The clerk may appoint and fix the compensation of necessary
assistants and messengers with the approval of the Chief Justice of the
United States.
(d) The clerk shall pay into the Treasury all fees, costs, and other
moneys collected by him. He shall make annual returns thereof to the
Court under regulations prescribed by it.
(June 25, 1948, ch. 646, 62 Stat. 918; Mar. 10, 1964, Pub. L.
88-279, 1, 78 Stat. 158; June 6, 1972, Pub. L. 92-310, title II,
206(c), 86 Stat. 203.)
Based on title 28, U.S.C., 1940 ed., 325, 326, 327, 541 and 542
(Feb. 22, 1875, ch. 95, 2, 3, 18 Stat. 333; Mar. 3, 1883, ch. 143, 22
Stat. 631; Mar. 15, 1898, ch. 68, 8, 30 Stat. 317; Mar. 3, 1911, ch.
231, 219, 220, 221, 291, 36 Stat. 1152, 1153, 1167; June 10, 1921,
ch. 18, 304, 42 Stat. 24).
This section consolidates sections 541 and 542 of title 28, U.S.C.,
1940 ed., with parts of sections 325, 326 and 327 of such title.
The provisions in said section 325 relating to appointment of a
marshal and reporter are incorporated in sections 672 and 673 of this
title.
The provisions in section 327 of title 28, U.S.C., 1940 ed., relating
to duties and liabilities of the clerk's deputies are incorporated in
section 954 of this title.
The provision of section 326 of title 28, U.S.C., 1940 ed., that a
duly certified copy of the clerk's bond should be competent evidence in
any court, is incorporated in section 1737 of this title.
The provision that the clerk shall be subject to removal by the Court
is new. Section 327 of title 28, U.S.C., 1940 ed., contained a similar
provision as to deputies, but fixed no term of office for the clerk and
made no provision for his removal. The Supreme Court held, in 1839,
that a district judge had power to remove his clerk at pleasure in
absence of any law fixing the clerk's tenure. In re Hennen, 38 U.S.
230, 13 Pet. 230, 10 L.Ed. 138. (See, also Myers v. U.S., 1926, 47
S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160.)
The provision in section 326 of title 28, U.S.C., 1940 ed., that the
clerk's bond be not less than $5,000 and not more than $20,000 was
omitted. The Supreme Court should have wide discretion in such
administrative matters. (See Hearings before Appropriations Committee,
House of Representatives, 78th Cong., 2d sess., on Judiciary
Appropriation Bill for 1945, page 102.)
A provision of section 326 of title 28, U.S.C., 1940 ed., that a
renewed or augmented bond should be required upon the Attorney General's
motion and after thirty days' notice was omitted. The manner of
requiring such bond is left to the Court's discretion by the revised
section.
A further provision of section 326 of title 28, U.S.C., 1940 ed.,
that the failure to furnish such renewed or augmented bond should vacate
the clerk's office was omitted as unnecessary, since the clerk is
removable by the Court under this section.
The references in section 541 of title 28, U.S.C., 1940 ed., to
return ''under oath'' to be made ''on the 1st day of January of each
year, or thirty days thereafter'' and ''on a form prescribed by the
Attorney General'', were omitted as fully covered by the revised
language ''annual returns'' under ''regulations prescribed by the
Court''. Verification seems unnecessary especially as clerks of the
courts of appeals are not required to submit similar returns under oath
(see section 711 of this title). ''Court'' was substituted for
''Attorney General'', since the latter's powers and functions in court
administrative matters have been transferred to the Director of the
Administration Office of the United States Courts. (See sections 604
and 607 of this title.) The Director, however, exercises no authority in
Supreme Court matters.
Section 542 of title 28, U.S.C., 1940 ed., provided that the clerk
''shall not retain'', out of fees received, more than $6,000 annually
above clerk hire and expenses; that the surplus should be paid into the
Treasury. Such indirect and unusual provision is simplified in this
section by providing that his salary shall be fixed by the Court. Such
salary limitation is omitted as inconsistent with larger salaries paid
other clerks of courts.
The provisions that the Court shall fix the compensation of deputy
clerks, and that the clerk shall fix the compensation of assistants and
messengers with the approval of the Chief Justice, are new. Current
appropriation Acts providing that the compensation of officers and
employees of the Supreme Court, other than clerk and reporter shall be
fixed by the court, unnecessarily burden the court with administrative
details. Provision for allowance and approval of payments of
compensation and office expenses by the clerk upon allowance and
approval by the Chief Justice, instead of by the Court, was inserted
with the approval of the Judicial Conference Committee on Revision of
the Judicial Code as not inconsistent with section 542 of title 28,
U.S.C., 1940 ed.
References in sections 541 and 542 of title 28, U.S.C., 1940 ed., to
certification of expenses by the justices and for audit and allowances
by the General Accounting Office, were omitted as unnecessary in view of
this section.
Changes were made in phraseology.
1972 -- Subsec. (b). Pub. L. 92-310 repealed subsec. (b) which
related to bond of Clerk of Supreme Court.
1964 -- Subsec. (c). Pub. L. 88-279 struck out provision for
disbursement by clerk of compensation of clerk, his deputies,
assistants, and messengers and the necessary expenses of office from the
fees collected by clerk, upon allowance and approval by Chief Justice of
the United States.
Subsec. (d). Pub. L. 88-279 substituted ''moneys collected by him''
for ''emoluments of his office over and above his lawful
disbursements''.
Section 4 of Pub. L. 88-279 provided that: ''The amendments
proposed in this Act (amending this section and section 672 of this
title) shall become effective only when funds have been appropriated and
are available to pay the salaries and other expenses of the clerk's
office.''
Section 3 of Pub. L. 88-279 provided that: ''There are hereby
authorized to be appropriated annually such sums as are necessary to
carry out the provisions of this Act (amending this section and section
672 of this title).''
Fees of clerk to be fixed by Supreme Court, see section 1911 of this
title.
Oath of clerk and deputies, see section 951 of this title.
28 USC 672. Marshal
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Supreme Court may appoint a marshal, who shall be subject to
removal by the Court, and may fix his compensation.
(b) The marshal may, with the approval of the Chief Justice of the
United States, appoint and fix the compensation of necessary assistants
and other employees to attend the Court, and necessary custodial
employees.
(c) The marshal shall:
(1) Attend the Court at its sessions;
(2) Serve and execute all process and orders issued by the Court or a
member thereof;
(3) Take charge of all property of the United States used by the
Court or its members;
(4) Disburse funds appropriated for work upon the Supreme Court
building and grounds under the jurisdiction of the Architect of the
Capitol upon certified vouchers submitted by the Architect;
(5) Disburse funds appropriated for the purchase of books, pamphlets,
periodicals and other publications, and for their repair, binding, and
rebinding, upon vouchers certified by the librarian of the Court;
(6) Pay the salaries of the Chief Justice, associate justices, and
all officers and employees of the Court and disburse other funds
appropriated for disbursement, under the direction of the Chief Justice;
(7) Pay the expenses of printing briefs and travel expenses of
attorneys in behalf of persons whose motions to appear in forma pauperis
in the Supreme Court have been approved and when counsel have been
appointed by the Supreme Court, upon vouchers certified by the clerk of
the Court;
(8) Oversee the Supreme Court Police.
(June 25, 1948, ch. 646, 62 Stat. 918; Mar. 10, 1964, Pub. L.
88-279, 2, 78 Stat. 158; Dec. 29, 1982, Pub. L. 97-390, 2, 96 Stat.
1958.)
Based on title 28, U.S.C., 1940 ed., 325, 331, and section 13d of
title 40, U.S.C., 1940 ed., Public Buildings, Property and Works (Mar.
3, 1911, ch. 231, 219, 224, 36 Stat. 1152, 1153; April 11, 1928, ch.
358, 45 Stat. 424; May 7, 1934, ch. 222, 4, 48 Stat. 668).
This section consolidates part of section 325 of title 28, U.S.C.,
1940 ed., with section 331 of such title and section 13d of title 40,
U.S.C., 1940 ed.
Provisions of section 325 of title 28, U.S.C., 1940 ed., relating to
appointment of clerk and reporter of the Supreme Court are incorporated
in sections 671 and 673 of this title.
Provision of section 331 of title 28, U.S.C., 1940 ed., fixing the
marshal's salary at ''not to exceed $5,500 per annum'' was omitted and
the court given authority to fix the salary in conformity with sections
671 and 673 of this title relating to the clerk and the reporter.
Part of subsection (c)(5) is new. It recognizes the propriety of
certification by the Court Librarian of vouchers for expenditures for
the library. (See reviser's note under section 674 of this title.)
The marshal's duties as superintendent of the Supreme Court building
are incorporated in section 13c of title 40, U.S.C., 1940 ed.
Changes were made in phraseology.
1982 -- Subsec. (c)(8). Pub. L. 97-390 added par. (8).
1964 -- Subsec. (c)(6). Pub. L. 88-279, 2(a), struck out ''except
the clerk, his deputies and employees,'' after ''employees of the
Court''.
Subsec. (c)(7). Pub. L. 88-279, 2(b), added par. (7).
Amendment by Pub. L. 88-279 effective upon appropriation and
availability of funds to pay salaries and other expenses of the clerk's
office, see section 4 of Pub. L. 88-279, set out as a note under
section 671 of this title.
Annual appropriations to carry out amendment of this section by Pub.
L. 88-279, see section 3 of Pub. L. 88-279, set out as a note under
section 671 of this title.
28 USC 673. Reporter
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Supreme Court may appoint and fix the compensation of a
reporter of its decisions who shall be subject to removal by the Court.
(b) The reporter may appoint and fix the compensation of necessary
professional and clerical assistants and other employees, with the
approval of the Court or the Chief Justice of the United States.
(c) The reporter shall, under the direction of the Court or the Chief
Justice, prepare the decisions of the Court for publication in bound
volumes and advance copies in pamphlet installments.
The reporter shall determine the quality and size of the paper, type,
format, proofs and binding subject to the approval of the Court or the
Chief Justice.
(June 25, 1948, ch. 646, 62 Stat. 919.)
Based on title 28, U.S.C., 1940 ed., 325, 332, and 333 (Mar. 3,
1911, ch. 231, 219, 225, 226, 36 Stat. 1152, 1153; July 1, 1922, ch.
267, 1, 2, 42 Stat. 816; May 29, 1926, ch. 425, 1, 44 Stat. 677).
This section consolidates sections 332 and 333 of title 28, U.S.C.,
1940 ed., with part of section 325 of such title.
Provisions of section 325 of title 28, U.S.C., 1940 ed., relating to
appointment of clerk and marshal of the Supreme Court are incorporated
in sections 671 and 672 of this title.
The provision as to tenure is new and is added to insure consistency
with other revised sections relating to tenure of court officers.
The provisions of section 333 of title 28, U.S.C., 1940 ed., fixing
the reporter's salary at $8,000 per annum were omitted and the Court
given authority to fix the salary in conformity with sections 671 and
672 of this title relating to the clerk and the marshal.
Provisions of section 333 of title 28, U.S.C., 1940 ed., for
allowance of stationery, supplies, equipment, and office rent are
omitted as obsolete. Offices are now provided in the Supreme Court
building and supplies are furnished by the marshal.
The last sentence of section 333 of title 28, U.S.C., 1940 ed.,
relating to the payment of the reporter's expenses from appropriation
for the Supreme Court, was omitted as surplusage.
The revised section makes specific the implied power to fix the
compensation of the reporter's assistants.
The provision in section 332 of title 28, U.S.C., 1940 ed.,
authorizing the Public Printer to do the printing referred to in such
section, was omitted as unnecessary. (See section 111 of title 44,
U.S.C., 1940 ed., Public Printing and Documents.)
Authority for making an appropriation to carry into effect the
provisions of this section relating to compensation and allowances of
the reporter, compensation of his assistants, and preparation of the
decisions of the Supreme Court for publication, is contained in section
336 of title 28, U.S.C., 1940 ed. (Acts July 1, 1922, ch. 267, 5, 42
Stat. 818; May 29, 1926, ch. 425, 3, 44 Stat. 678), which is omitted,
but not repealed, as unnecessary in this revision.
28 USC 674. Librarian
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Supreme Court may appoint a librarian, whose salary it shall
fix, and who shall be subject to removal by the Court.
(b) The librarian shall, with the approval of the Chief Justice,
appoint necessary assistants and fix their compensation and make rules
governing the use of the library.
(c) He shall select and acquire by purchase, gift, bequest, or
exchange, such books, pamphlets, periodicals, microfilm and other
processed copy as may be required by the Court for its official use and
for the reasonable needs of its bar.
(d) The librarian shall certify to the marshal for payment vouchers
covering expenditures for the purchase of such books and other material,
and for binding, rebinding and repairing the same.
(June 25, 1948, ch. 646, 62 Stat. 919; June 6, 1972, Pub. L.
92-310, title II, 206(d), 86 Stat. 203.)
This section gives statutory recognition to the office of librarian.
For many years the Court has appointed its librarian directly through
the Chief Justice, rather than through the marshal. Other members of
the library staff are appointed by the librarian, with the approval of
the Chief Justice.
Under this section the marshal will not be required to certify to
expenditures for some 2,000 books bought for the library each year but
this will be the duty of the librarian.
1972 -- Subsec. (d). Pub. L. 92-310 struck out sentence which
required the librarian to furnish a bond.
28 USC 675. Law clerks and secretaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Chief Justice of the United States, and the associate justices of
the Supreme Court may appoint law clerks and secretaries whose salaries
shall be fixed by the Court.
(June 25, 1948, ch. 646, 62 Stat. 919.)
Based on title 28, U.S.C., 1926 ed., 328 (June 1, 1922, ch. 204,
title II, 42 Stat. 614; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1081;
May 28, 1924, ch. 204, title II, 43 Stat. 218; Feb. 27, 1925, ch. 364,
title II, 43 Stat. 1028).
Section is derived from Appropriation Acts for fiscal years cited in
the credits. It was omitted from the 1934 and 1940 editions of the U.S.
Code because it was considered to be probably of a temporary nature.
This section is consistent with other provisions authorizing the
appointment of similar personnel for circuit and district judges.
The 1942 appropriation act (July 2, 1942, ch. 472, title IV, 56 Stat.
501) made provision for ''all other officers and employees, whose
compensation shall be fixed by the Court, except as otherwise provided
by law and who may be assigned by the Chief Justice to any office or
work of the Court.''
The salary limitation of $3,600 was omitted and the Court authorized
to fix law clerks' salaries. Current appropriation acts provide that
salaries of the Court's officers and employees, except the clerk and
reporter, shall be fixed by the Court.
See section 711 et seq. and section 751 et seq., of this title,
relating to appointment of law clerks and secretaries to circuit and
district judges.
Changes were made in phraseology.
28 USC 676. Printing and binding
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The printing and binding for the Supreme Court, including the
printing and binding of individual copies, advance pamphlet
installments, and bound volumes, of its decisions, whether requisitioned
or ordered by the Court or any of its officers or by any other office or
agency, and whether paid for by, or charged to the appropriation for,
the Court or any other office or agency, shall be done by the printer or
printers whom the Court or the Chief Justice of the United States may
select, unless it shall otherwise order.
(b) Whenever advance pamphlet installments and bound volumes of the
Court's decisions are printed by a private printer, an adequate number
of copies for distribution in accordance with the requirements of
section 411 of this title and for sale to the public shall be provided
and made available for these purposes in such manner and at such prices
as may be determined from time to time by the Supreme Court or the Chief
Justice of the United States, in lieu of compliance by the Public
Printer and the Superintendent of Documents with the requirements of
sections 411 and 412 of this title with respect to such copies. Pending
distribution or sale, such copies shall be the property of the United
States and shall be held in the custody of the marshal or such other
person, organization, or agency, as the Supreme Court or the Chief
Justice of the United States may designate.
(June 25, 1948, ch. 646, 62 Stat. 919; May 24, 1949, ch. 139, 74,
63 Stat. 100; Oct. 31, 1951, ch. 655, 45, 65 Stat. 725.)
Based on title 28, U.S.C., 1940 ed., 354 (Feb. 27, 1925, ch. 364,
title II, 43 Stat. 1028; Apr. 29, 1926, ch. 195, title II, 44 Stat.
344; Feb. 24, 1927, ch. 189, title II, 44 Stat. 1194; Feb. 15, 1928,
ch. 57, title II, 45 Stat. 79; Jan. 25, 1929, ch. 102, title II, 45
Stat. 1109; Apr. 18, 1930, ch. 184, title II, 46 Stat. 188; Feb. 23,
1931, ch. 280, title II, 46 Stat. 1323; July 1, 1932, ch. 361, title
II, 47 Stat. 490; Mar. 1, 1933, ch. 144, title II, 47 Stat. 1382; Apr.
7, 1934, ch. 104, title II, 48 Stat. 539).
The section was expanded to include the printing and binding of the
official edition of the court's decisions, thus making possible an
economy in the expenditure of Government funds by having the printing
and binding done by the same printer.
Subsection (b) of the revised section was supplied to conform to
sections 411 and 412 of this title.
This section corrects a grammatical error in subsection (a) of
section 676 of title 28, U.S.C.
1951 -- Subsec. (b). Act Oct. 31, 1951, inserted ''of this title''
in two places.
1949 -- Subsec. (a). Act May 24, 1949, inserted ''whom'' between
''printers'' and ''the Court''.
28 USC 677. Administrative Assistant to the Chief Justice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Chief Justice of the United States may appoint an
Administrative Assistant who shall serve at the pleasure of the Chief
Justice and shall perform such duties as may be assigned to him by the
Chief Justice. The salary payable to the Administrative Assistant shall
be fixed by the Chief Justice at a rate which shall not exceed the
salary payable to the Director of the Administrative Office of the
United States Courts. The Administrative Assistant may elect to bring
himself within the same retirement program available to the Director of
the Administrative Office of the United States Courts, as provided by
section 611 of this title, by filing a written election with the Chief
Justice within the time and in the manner prescribed by section 611.
(b) The Administrative Assistant, with the approval of the Chief
Justice, may appoint and fix the compensation of necessary employees.
The Administrative Assistant and his employees shall be deemed employees
of the Supreme Court.
(Added Pub. L. 92-238, 1, Mar. 1, 1972, 86 Stat. 46.)
28 USC CHAPTER 47 -- COURTS OF APPEALS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
711. Clerks and employees.
712. Law clerks and secretaries.
713. Librarians.
714. Criers and messengers.
715. Staff attorneys and technical assistants.
1982 -- Pub. L. 97-164, title I, 120(b)(2), (c)(2), Apr. 2, 1982,
96 Stat. 33, substituted ''Librarians'' for ''Criers, bailiffs and
messengers'' in item 713 and added items 714 and 715.
General provisions applicable to court officers and employees, see
section 951 et seq. of this title.
United States marshals to be marshals of the courts of appeals, see
section 566 of this title.
28 USC 711. Clerks and employees
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each court of appeals may appoint a clerk who shall be subject to
removal by the court.
(b) The clerk, with the approval of the court, may appoint necessary
deputies, clerical assistants and employees in such number as may be
approved by the Director of the Administrative Office of the United
States Courts. Such deputies, clerical assistants and employees shall
be subject to removal by the clerk with the approval of the court.
(c) The clerk shall pay into the Treasury all fees, costs and other
moneys collected by him and make returns thereof to the Director of the
Administrative Office of the United States Courts under regulations
prescribed by him.
(June 25, 1948, ch. 646, 62 Stat. 920.)
Based on title 28, U.S.C., 1940 ed., 221 and 222, 544 and 546 and
District of Columbia Code, 1940 ed., 11-204 (Mar. 3, 1891, ch. 517,
2, 26 Stat. 826; Feb. 9, 1893, ch. 74, 4, 27 Stat. 435; July 30,
1894, ch. 172, 1, 28 Stat. 160; June 6, 1900, ch. 791, 1, 31 Stat.
639; Mar. 3, 1901, ch. 854, 224, 31 Stat. 1224; June 30, 1902, ch.
1329, 32 Stat. 528; Mar. 3, 1911, ch. 231, 124, 125, 36 Stat. 1132;
Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 22, 1921, ch. 70, 7, 41
Stat. 1144; June 1, 1922, ch. 204, title II, 42 Stat. 616; Mar. 4,
1923, ch. 265, 42 Stat. 1488; May 21, 1928, ch. 659, 45 Stat. 645).
This section consolidates section 546 of title 28, U.S.C., 1940 ed.,
with parts of sections 221, 222, and 544 of such title and a part of
section 11-204 of the District of Columbia Code, 1940 ed. Other
provisions of such sections are incorporated in sections 604, 713, 954,
956, 961, and 962 of this title. Some provisions of section 11-204 of
the District of Columbia Code, 1940 ed., were retained in that code.
(See reviser's note under section 604 of this title.)
Discrepancies between such section 11-204 of District of Columbia
Code, 1940 ed., and the more general provisions of title 28 were
eliminated by adopting the more general provisions.
Words ''Director of the Administrative Office of the United States
Courts'' were substituted for ''Attorney General,'' in view of the act
of Aug. 7, 1939, ch. 501, 6, 53 Stat. 1226, 28 U.S.C., 1940 ed.,
following 446.
A provision that the returns should be filed annually was changed to
place the times of accounting within the discretion of the Director of
the Administrative Office of the United States Courts, who has
supervision over such accounts. (See section 604 of this title.)
This section is in harmony with section 671 of this title as to
accounting similarly by the Clerk of the Supreme Court.
''Court of appeals'' was substituted for ''circuit court of appeals''
to conform to section 43 of this title.
The provision that each clerk shall be removable by the court is new.
Section 222 of title 28, U.S.C., 1940 ed., provided that deputies might
be removed at the pleasure of the clerk, subject to the court's
approval, and there was no term of office specified for the clerk and no
provision for his removal.
The words ''and other necessary employees'' were added in subsection
(b) to supply an omission of existing law and to give statutory
authority for the appointment of necessary employees for which
compensation is annually appropriated.
Changes were made in phraseology.
Compensation and expenses of clerks of court, their deputies, etc.,
see section 604 of this title.
Oath and bond of clerk and deputies, see section 951 of this title.
28 USC 712. Law clerks and secretaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Circuit judges may appoint necessary law clerks and secretaries. A
law clerk appointed under this section shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, unless specifically
included by the appointing judge or by local rule of court.
(June 25, 1948, ch. 646, 62 Stat. 920; Nov. 19, 1988, Pub. L.
100-702, title X, 1003(a)(3), 102 Stat. 4665.)
Based on title 28, U.S.C., 1940 ed., 222a (Mar. 3, 1911, ch. 231,
118a, as added June 17, 1930, ch. 509, 46 Stat. 774).
Provision of section 222a of title 28, U.S.C., 1940 ed., relating to
compensation of law clerks is incorporated in section 604 of this title.
(See reviser's note under such section.)
Words ''with the approval of the Attorney General,'' were omitted to
confer on circuit judges the same authority given Supreme Court justices
under section 675 of this title.
The provision for appointment of secretaries is new. Existing law
fixes compensation of secretaries but makes no provision for their
appointment. (See section 604 of this title and reviser's note
thereunder.)
Changes were made in phraseology.
1988 -- Pub. L. 100-702 inserted at end ''A law clerk appointed
under this section shall be exempt from the provisions of subchapter I
of chapter 63 of title 5, unless specifically included by the appointing
judge or by local rule of court.''
Compensation and expenses of court officers and employees, see
section 604 of this title.
28 USC 713. Librarians
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each court of appeals may appoint a librarian who shall be
subject to removal by the court.
(b) The librarian, with the approval of the court, may appoint
necessary library assistants in such numbers as the Director of the
Administrative Office of the United States Courts may approve. The
librarian may remove such library assistants with the approval of the
court.
(June 25, 1948, ch. 646, 62 Stat. 920; May 24, 1949, ch. 139, 75,
63 Stat. 100; Apr. 2, 1982, Pub. L. 97-164, title I, 120(b)(1), 96
Stat. 33.)
Based on title 28, U.S.C., 1940 ed., 547, and section 11-204 of
District of Columbia Code, 1940 ed., (Mar. 3, 1891, ch. 517, 9, 26
Stat. 829; Feb. 9, 1893, ch. 74, 4, 27 Stat. 435; July 30, 1894, ch.
172, 1, 28 Stat. 160; Mar. 3, 1901, ch. 854, 224, 31 Stat. 1224;
June 30, 1902, ch. 1329, 32 Stat. 528; Mar. 3, 1911, ch. 231, 291, 36
Stat. 1167; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 22, 1921, ch.
70, 7, 41 Stat. 1144; Mar. 4, 1923, ch. 265, 42 Stat. 1488; May 21,
1928, ch. 659, 45 Stat. 645).
Section consolidates parts of section 11-204 of the District of
Columbia Code, 1940 ed., and section 547 of title 28, U.S.C., 1940 ed.
The Judicial Code provided for the appointment of assistants and
messengers in the Supreme Court, criers and ''persons to wait upon
juries'' in the district courts, a messenger in the Court of Customs and
Patent Appeals, and a bailiff and a chief messenger in the Court of
Claims (see title 28, U.S.C., 1940 ed., 9, 244, 305, 331) and also
provided (see same title, 547) that criers, bailiffs and messengers of
the courts of appeals should be allowed the same compensation as allowed
for similar services in the district courts, but did not provide for the
appointment of said criers, bailiffs and messengers. This section
authorizes such appointments.
The provisions of section 224 of title 28, U.S.C., 1940 ed., that the
United States marshal shall provide for the expenses of criers, bailiffs
and messengers for the circuit courts of appeals are superseded by
sections 601-610 of this title vesting such functions in the
Administrative Office of the United States Courts.
Provisions of section 11-204 of District of Columbia Code, 1940 ed.,
relating to appointment and compensation of clerk of the United States
Court of Appeals for the District of Columbia are incorporated in
sections 711 and 604 of this title, respectively. Other provisions of
such section were retained in the District of Columbia Code. (See
reviser's note under section 604 of this title.)
Compensation of bailiffs is provided by section 755 of this title.
Other provisions of section 547 of title 28, U.S.C., 1940 ed., relating
to compensation of criers, clerks, and messengers are incorporated in
section 604 of this title.
Marshal for the Court of Appeals for the District of Columbia was
authorized by the District of Columbia Appropriation Act of June 29,
1937, 50 Stat. 378.
The duties of criers and bailiffs are made specific consistently with
section 755 of this title, and existing administrative practice.
The removal provisions are added to make this section consistent with
the same provisions in other sections relating to tenure of court
officers.
Changes in phraseology and arrangement were made.
This section corrects typographical errors in section 713 of title
28, U.S.C.
1982 -- Pub. L. 97-164 substituted ''Librarians'' for ''Criers,
bailiffs, and messengers'' in section catchline.
Subsec. (a). Pub. L. 97-164 struck out ''and necessary library
assistants'' after ''Each court of appeals may appoint a librarian''.
Subsec. (b). Pub. L. 97-164 substituted ''The librarian, with the
approval of the court, may appoint necessary library assistants in such
numbers as the Director of the Administrative Office of the United
States Courts may approve'' for ''Each court of appeals, except the
Court of Appeals for the District of Columbia, may appoint a crier and
such messengers as may be necessary, all of whom shall be subject to
removal by the court'' and ''The librarian may remove such library
assistants with the approval of the court'' for ''The crier shall also
perform the duties of bailiff and messenger''.
Subsecs. (c), (d). Pub. L. 97-164 struck out subsecs. (c) and (d)
which had provided, respectively, that the Court of Appeals for the
District of Columbia could appoint a marshal, who would attend the court
at its sessions, be custodian of its courthouse, have supervision over
its custodial employees, take charge of all property of the United
States used by the court or its employees, and perform such other duties
as the court might direct, that the court could also appoint necessary
messengers who would be subject to removal by the court, that the United
States marshal of the district in which a court of appeals was sitting
or in which a circuit judge was present in chambers, could, with the
approval of the court or judge, employ necessary bailiffs, that the
bailiffs would attend the court, preserve order, and perform such other
necessary duties as the court, judge or marshal might direct, and that
such bailiffs would receive the same compensation as bailiffs employed
for the district courts. See section 714 of this title.
1949 -- Act May 24, 1949, inserted subsection designation (b)
preceding second par. and renumbered former subsecs. (b) and (c) as
(c) and (d), respectively.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
to Court During Such Individual's Service
Pub. L. 98-620, title IV, 415, Nov. 8, 1984, 98 Stat. 3364,
provided that: ''Any individual who, on the date of the enactment of
the Federal Courts Improvement Act of 1982 (Pub. L. 97-164, enacted Apr.
2, 1982), was serving as marshal for the Court of Appeals for the
District of Columbia under section 713(c) of title 28, United States
Code, may, after the date of the enactment of this Act (Nov. 8, 1984),
so serve under that section as in effect on the date of the enactment of
the Federal Courts Improvement Act of 1982. While such individual so
serves, the provisions of section 714(a) of title 28, United States
Code, shall not apply to the Court of Appeals for the District of
Columbia.''
Compensation and expenses of court officers and employees, see
section 604 of this title.
28 USC 714. Criers and messengers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each court of appeals may appoint a crier who shall be subject to
removal by the court.
(b) The crier, with the approval of the court, may appoint necessary
messengers in such number as the Director of the Administrative Office
of the United States Courts may approve. The crier may remove such
messengers with the approval of the court. The crier shall also perform
the duties of bailiff and messenger.
(Added Pub. L. 97-164, title I, 120(c)(1), Apr. 2, 1982, 96 Stat.
33.)
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
Subsec. (a) of this section not applicable to the Court of Appeals
for the District of Columbia during the continued service as Marshal for
such Court of any individual who was serving in such office under
section 713(c) of this title as of Apr. 2, 1982, see section 415 of
Pub. L. 98-620, set out as a note under section 713 of this title.
28 USC 715. Staff attorneys and technical assistants
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The chief judge of each court of appeals, with the approval of
the court, may appoint a senior staff attorney, who shall be subject to
removal by the chief judge with the approval of the court.
(b) The senior staff attorney, with the approval of the chief judge,
may appoint necessary staff attorneys and secretarial and clerical
employees in such numbers as the Director of the Administrative Office
of the United States Courts may approve, but in no event may the number
of staff attorneys exceed the number of positions expressly authorized
in an annual appropriation Act. The senior staff attorney may remove
such staff attorneys and secretarial and clerical employees with the
approval of the chief judge.
(c) The chief judge of the Court of Appeals for the Federal Circuit,
with the approval of the court, may appoint a senior technical assistant
who shall be subject to removal by the chief judge with the approval of
the court.
(d) The senior technical assistant, with the approval of the court,
may appoint necessary technical assistants in such number as the
Director of the Administrative Office of the United States Courts may
approve, but in no event may the number of technical assistants in the
Court of Appeals for the Federal Circuit exceed the number of circuit
judges in regular active service within such circuit. The senior
technical assistant may remove such technical assistants with the
approval of the court.
(Added Pub. L. 97-164, title I, 120(c)(1), Apr. 2, 1982, 96 Stat.
34.)
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC CHAPTER 49 -- DISTRICT COURTS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
751. Clerks.
752. Law clerks and secretaries.
753. Reporters.
754. Receivers of property in different districts.
755. Criers and bailiffs.
756. Power to appoint.
General provisions applicable to court officers and employees, see
section 951 et seq. of this title.
28 USC 751. Clerks
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each district court may appoint a clerk who shall be subject to
removal by the court.
(b) The clerk may appoint, with the approval of the court, necessary
deputies, clerical assistants and employees in such number as may be
approved by the Director of the Administrative Office of the United
States Courts. Such deputies, clerical assistants and employees shall
be subject to removal by the clerk with the approval of the court.
(c) The clerk of each district court shall reside in the district for
which he is appointed, except that the clerk of the district court for
the District of Columbia and the Southern District of New York may
reside within twenty miles thereof. The district court may designate
places within the district for the offices of the clerk and his
deputies, and their official stations.
(d) A clerk of a district court or his deputy or assistant shall not
receive any compensation or emoluments through any office or position to
which he is appointed by the court, other than that received as such
clerk, deputy or assistant, whether from the United States or from
private litigants.
This subsection shall not apply to clerks or deputy clerks appointed
as United States commissioners pursuant to section 631 of this title.
(e) The clerk of each district court shall pay into the Treasury all
fees, costs and other moneys collected by him, except naturalization
fees listed in section 742 of Title 8 and uncollected fees not required
by Act of Congress to be prepaid.
He shall make returns thereof to the Director of the Administrative
Office of the United States Courts under regulations prescribed by him.
(f) When the Court of International Trade is sitting in a judicial
district, other than the Southern District or Eastern District of New
York, the clerk of the district court of such judicial district or an
authorized deputy clerk, upon the request of the chief judge of the
Court of International Trade and with the approval of such district
court, shall act in the district as clerk of the Court of International
Trade, as prescribed by the rules and orders of the Court of
International Trade for all purposes relating to the civil action then
pending before such court.
(June 25, 1948, ch. 646, 62 Stat. 920; Oct. 10, 1980, Pub. L.
96-417, title V, 504, 94 Stat. 1743.)
Based on title 28, U.S.C., 1940 ed., 6, 7, 8, 524, 557, 567, 568,
and 569, sections 644 and 863 of title 48, U.S.C., 1940 ed., Territories
and Insular Possessions, and section 11-401 of the District of Columbia
Code, 1940 ed. (R.S. 833; June 20, 1874, ch. 328, 2, 18 Stat. 109;
May 28, 1896, ch. 252, 8, 29 Stat. 181; Apr. 12, 1900, ch. 191, 34,
31 Stat. 84; Apr. 30, 1900, ch. 339, 86, 31 Stat. 158; Mar. 3, 1901,
ch. 854, 174, 31 Stat. 1218; June 28, 1902, ch. 1301, 1, 32 Stat.
475; June 30, 1902, ch. 1329, 32 Stat. 527; June 30, 1906, ch. 3914,
1, 34 Stat. 754; Mar. 3, 1909, ch. 269, 1, 35 Stat. 838; Mar. 3,
1911, ch. 231, 3, 4, 291, 36 Stat. 1087, 1167; Jan. 7, 1913, ch. 6,
37 Stat. 648; Mar. 2, 1917, ch. 145, 41, 39 Stat. 965; Feb. 26,
1919, ch. 49, 1, 4, 9, 40 Stat. 1182, 1183; Feb. 11, 1921, ch. 46,
41 Stat. 1099; Mar. 4, 1921, ch. 161, 1, 41 Stat. 1412, 1413; June
10, 1921, ch. 18, 301, 310, 42 Stat. 23, 25; June 16, 1921, ch. 23,
1, 42 Stat. 41; July 9, 1921, ch. 42, 313, 42 Stat. 119; June 1,
1922, ch. 204, Title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21 title
II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13,
1926, ch. 6, 1, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat. 158;
June 25, 1936, ch. 804, 49 Stat. 1921; Mar. 26, 1938, ch. 51, 2, 52
Stat. 118; June 16, 1938, ch. 465, 52 Stat. 752; June 14, 1941, ch.
203, 1, 2, 55 Stat. 251).
This section consolidates provisions of section 11-401 of the
District of Columbia Code, 1940 ed., sections 644 and 863 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions, and title 28,
U.S.C., 1940 ed., sections 6, 7, 8, 524, 557, 567, 568, and 569 relating
to district court clerks. Other provisions of such sections 8 and 524
are incorporated in sections 505 (now 545), 541 (see 561), and 954 of
this title and other provisions of such section 11-401 of the District
of Columbia Code have been retained in such Code.
Words ''with the approval of the court'' were substituted for
''Attorney General.'' The power to approve appointment of court officers
is more properly a judicial one. (See section 711 of this title.)
The provision in section 6 of title 28, U.S.C., 1940 ed., that the
clerk be appointed by the district judge or senior judge where there was
more than one member of the court was changed and the power vested in
the court.
The provisions of section 644 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions, relating to compensation of clerks
and deputy clerks were omitted as covered by section 604 of this title.
Other provisions of said section 644 are incorporated in section 753 of
this title.
Provision for similar officers in Alaska, Canal Zone, and the Virgin
Islands is made by sections 106, 1349, and 1405y, respectively, of title
48, U.S.C., 1940 ed. A part of section 863 of said title 48, was
retained in title 48. For remainder of such section, see Distribution
Table.
Words in sections 6 and 7 of title 28, U.S.C., 1940 ed., ''Except as
otherwise provided for by law,'' were omitted as obsolete and
superfluous.
References in section 7 of title 28, U.S.C., 1940 ed., that the clerk
recommend appointment of deputies and clerical assistants were omitted
as unnecessary.
The provision that each clerk shall be subject to removal by the
court is new. No tenure was provided for by title 28, U.S.C., 1940 ed.,
but said title contained provisions that other clerks should hold office
during the pleasure of the courts which appointed them, and that
deputies should hold office during the pleasure of the clerks. The
Supreme Court held, in 1839, that a judge of a district court could
remove the clerk thereof at pleasure in absence of any law fixing the
clerk's tenure. In re Hennen, 38 U.S. 230, 13 Pet. 230, 10 L.Ed. 138.
(See also, Meyers v. U.S., 47 S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160.)
Words ''circuit or'' after ''Every clerk of the'' in section 524 of
title 28, U.S.C., 1940 ed., were omitted because of the abolition of the
circuit courts by act Mar. 3, 1911, ch. 231, 289, 36 Stat. 1167,
title 28, U.S.C., 1940 ed., 430.
The provisions in section 524 of title 28, U.S.C., 1940 ed., that the
clerk shall give his personal attention to his official duties, and
declaring his office vacant upon removal from his district or neglect of
duty, were omitted as covered by the removal provision of this section.
The provision permitting the clerk of the district court for the
District of Columbia to reside within twenty miles of the District of
Columbia was added because of the relatively small and congested area of
the District, as a result of which few federal officers are appointed
from the District or reside therein.
The provision in subsection (b) of this section authorizing judges to
designate the places for maintaining offices by the clerks was added
because of many special provisions, in sections 141-196 of title 28,
U.S.C., 1940 ed., for the maintenance of offices by the clerks of the
district courts at various particular places. These provisions have
been omitted, on revision, as covered by the more general provisions of
this section. For residence requirements of United States attorneys and
marshals, see sections 505 (now 545) and 541 (see 561) of this title.
A provision that a breach of section 569 of title 28, U.S.C., 1940
ed., should be deemed a vacation of the offender's appointment, was
omitted as covered by the removal provision of this section.
The provision of section 569 of title 28, U.S.C., 1940 ed., limiting
the compensation of a clerk who is appointed United States commissioner,
to $3,000 a year for both offices was omitted as obsolete. The proper
adjustment of the compensation of such clerks is an administrative
matter more appropriately regulated by the Director of the
Administrative Office under the Supervision of the Judicial Conference
of the United States. (See section 604 of this title.)
Reference in sections 557, 567 and 568 of title 28, U.S.C., 1940 ed.,
to accounting by district court clerks in Alaska, were omitted as
covered by sections 106 and 107 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions, relating to duties of those clerks.
References in sections 557 and 567 of title 28, U.S.C., 1940 ed., to
the clerk of the district court of the United States for the District of
Columbia, were omitted as covered by words ''The clerk of each district
court of the United States.''
As revised, this section is in harmony with the provisions in
chapters 45 and 47 of this title relating to accounting by the clerk of
the Supreme Court and clerks of the courts of appeals.
Provisions as to time and method of accounting and settlement of
accounts were omitted as covered by chapter 41 of this title giving the
Director of the Administrative Office of the United States Courts
supervision over such accounts, and of chapter 2, Audit and Settlement
of Accounts, of title 31, U.S.C., 1940 ed., Money and Finance.
Provisions as to particular fees and moneys to be accounted for were
omitted as covered by words ''all fees, costs and other moneys.''
Included in such provisions was a provision as to naturalization fees,
but a later act, now appearing in section 742 of title 8, U.S.C., 1940
ed., Aliens and Nationality, provided a different method of accounting
and an exception expressly referring to such section was inserted in
this section.
Changes were made in phraseology.
Section 742 of Title 8, referred to in subsec. (e), was repealed by
act June 27, 1952, ch. 477, title IV, 403(a)(42), 66 Stat. 280. See
section 1455 of Title 8, Aliens and Nationality.
1980 -- Subsec. (f). Pub. L. 96-417 added subsec. (f).
Reference to United States commissioners deemed to be reference to
United States magistrates pursuant to Pub. L. 90-578, title IV,
402(b)(2), Oct. 17, 1968, 82 Stat. 1108. See chapter 43 ( 631 et seq.)
of this title.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Compensation and expenses of clerks, deputies, etc., see section 604
of this title.
Oath and bond of clerks and deputies, see sections 951 and 963 of
this title.
Powers and duties of clerks and deputies, see section 956 of this
title.
28 USC 752. Law clerks and secretaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
District judges may appoint necessary law clerks and secretaries
subject to any limitation on the aggregate salaries of such employees
which may be imposed by law. A law clerk appointed under this section
shall be exempt from the provisions of subchapter I of chapter 63 of
title 5, unless specifically included by the appointing judge or by
local rule of court.
(June 25, 1948, ch. 646, 62 Stat. 921; Sept. 1, 1959, Pub. L.
86-221, 73 Stat. 452; Nov. 19, 1988, Pub. L. 100-702, title X,
1003(a)(3), 102 Stat. 4665.)
Based on title 28, U.S.C., 1940 ed., 5b and 128 (Mar. 3, 1911, ch.
231, 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; May 14,
1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941, ch. 258, title
IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV, 56 Stat. 504).
This section consolidates provisions of sections 5b and 128 of title
28, U.S.C., 1940 ed., relating to appointment of law clerks for district
judges.
Words in section 128 of title 28, U.S.C., 1940 ed., ''but there shall
not be appointed more than thirty-five of such law clerks during the
first fiscal year of the enactment of this section'' were omitted as
executed and obsolete. Words ''Thereafter such number in excess of
thirty-five per year shall be limited by necessity of each case as
hereinabove provided'' were also deleted as superseded by section 5b of
said title and obsolete. The Director of the Administrative Office has
expressed such views. Chief judge of the circuit was substituted for
senior circuit judge to conform to section 44 of this title.
Provisions of section 128 of title 28, U.S.C., 1940 ed., relating to
salary, or compensation of such clerks are incorporated in section 604
of this title. (See reviser's note under that section.)
The provisions in section 5b of title 28, U.S.C., 1940 ed., that
district judges shall not appoint more than three law clerks in any one
circuit was not repeated in the Judiciary Appropriation Acts, 1944,
1945, and 1946, 57 Stat. 242, 58 Stat. 357, 59 Stat. 196, ch. 129.
The Director of the Administrative Office for United States Courts
advises that as a matter of fact, more than three law clerks are serving
district judges in several of the circuits at the present time.
Consequently the limitation is omitted from this section.
The provision for appointment of secretaries is new. Existing law
fixes compensation of secretaries but makes no provision for their
appointment. (See section 604 of this title and reviser's note
thereunder.)
Minor changes were made in phraseology.
As finally enacted, sections 374c and 374d of Title 28, U.S.C., 1946
ed., which were derived from act July 23, 1947, ch. 300, 1, 2, 61
Stat. 409, were an additional source of this section. Hence, by Senate
amendment, the section was changed to conform with such sections, and
such act was included in the schedule of repeals. See 80th Congress
Senate Report No. 1559.
1988 -- Pub. L. 100-702 inserted at end ''A law clerk appointed
under this section shall be exempt from the provisions of subchapter I
of chapter 63 of title 5, unless specifically included by the appointing
judge or by local rule of court.''
1959 -- Pub. L. 86-221 substituted provision permitting district
judges to appoint necessary law clerks and secretaries subject to
aggregate salary limitations for provisions permitting a district judge
to appoint a secretary and also a law clerk upon certification of
necessity by the chief judge of the circuit and permitting the chief
judge of a district court having five or more district judges to appoint
an assistant secretary.
Compensation and expenses of court officers and employees, see
section 604 of this title.
28 USC 753. Reporters
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each district court of the United States, the United States
District Court for the District of the Canal Zone, the District Court of
Guam, and the District Court of the Virgin Islands shall appoint one or
more court reporters.
The number of reporters shall be determined by the Judicial
Conference of the United States.
The qualifications of such reporters shall be determined by standards
formulated by the Judicial Conference. Each reporter shall take an oath
faithfully to perform the duties of his office.
Each such court, with the approval of the Director of the
Administrative Office of the United States Courts, may appoint
additional reporters for temporary service not exceeding three months,
when there is more reporting work in the district than can be performed
promptly by the authorized number of reporters and the urgency is so
great as to render it impracticable to obtain the approval of the
Judicial Conference.
If any such court and the Judicial Conference are of the opinion that
it is in the public interest that the duties of reporter should be
combined with those of any other employee of the court, the Judicial
Conference may authorize such a combination and fix the salary for the
performance of the duties combined.
(b) Each session of the court and every other proceeding designated
by rule or order of the court or by one of the judges shall be recorded
verbatim by shorthand, mechanical means, electronic sound recording, or
any other method, subject to regulations promulgated by the Judicial
Conference and subject to the discretion and approval of the judge. The
regulations promulgated pursuant to the preceding sentence shall
prescribe the types of electronic sound recording or other means which
may be used. Proceedings to be recorded under this section include (1)
all proceedings in criminal cases had in open court; (2) all
proceedings in other cases had in open court unless the parties with the
approval of the judge shall agree specifically to the contrary; and (3)
such other proceedings as a judge of the court may direct or as may be
required by rule or order of court as /1/ may be requested by any party
to the proceeding.
The reporter or other individual designated to produce the record
shall attach his official certificate to the original shorthand notes or
other original records so taken and promptly file them with the clerk
who shall preserve them in the public records of the court for not less
than ten years.
The reporter or other individual designated to produce the record
shall transcribe and certify such parts of the record of proceedings as
may be required by any rule or order of court, including all
arraignments, pleas, and proceedings in connection with the imposition
of sentence in criminal cases unless they have been recorded by
electronic sound recording as provided in this subsection and the
original records so taken have been certified by him and filed with the
clerk as provided in this subsection. He shall also transcribe and
certify such other parts of the record of proceedings as may be required
by rule or order of court. Upon the request of any party to any
proceeding which has been so recorded who has agreed to pay the fee
therefor, or of a judge of the court, the reporter or other individual
designated to produce the record shall promptly transcribe the original
records of the requested parts of the proceedings and attach to the
transcript his official certificate, and deliver the same to the party
or judge making the request.
The reporter or other designated individual shall promptly delivery
to the clerk for the records of the court a certified copy of any
transcript so made.
The transcript in any case certified by the reporter or other
individual designated to produce the record shall be deemed prima facie
a correct statement of the testimony taken and proceedings had. No
transcripts of the proceedings of the court shall be considered as
official except those made from the records certified by the reporter or
other individual designated to produce the record.
The original notes or other original records and the copy of the
transcript in the office of the clerk shall be open during office hours
to inspection by any person without charge.
(c) The reporters shall be subject to the supervision of the
appointing court and the Judicial Conference in the performance of their
duties, including dealings with parties requesting transcripts.
(d) The Judicial Conference shall prescribe records which shall be
maintained and reports which shall be filed by the reporters. Such
records shall be inspected and audited in the same manner as the records
and accounts of clerks of the district courts, and may include records
showing:
(1) the quantity of transcripts prepared;
(2) the fees charged and the fees collected for transcripts;
(3) any expenses incurred by the reporters in connection with
transcripts;
(4) the amount of time the reporters are in attendance upon the
courts for the purpose of recording proceedings; and
(5) such other information as the Judicial Conference may require.
(e) Each reporter shall receive an annual salary to be fixed from
time to time by the Judicial Conference of the United States. All
supplies shall be furnished by the reporter at his own expense.
(f) Each reporter may charge and collect fees for transcripts
requested by the parties, including the United States, at rates
prescribed by the court subject to the approval of the Judicial
Conference. He shall not charge a fee for any copy of a transcript
delivered to the clerk for the records of court. Fees for transcripts
furnished in criminal proceedings to persons proceeding under the
Criminal Justice Act (18 U.S.C. 3006A), or in habeas corpus proceedings
to persons allowed to sue, defend, or appeal in forma pauperis, shall be
paid by the United States out of moneys appropriated for those purposes.
Fees for transcripts furnished in proceedings brought under section
2255 of this title to persons permitted to sue or appeal in forma
pauperis shall be paid by the United States out of money appropriated
for that purpose if the trial judge or a circuit judge certifies that
the suit or appeal is not frivolous and that the transcript is needed to
decide the issue presented by the suit or appeal. Fees for transcripts
furnished in other proceedings to persons permitted to appeal in forma
pauperis shall also be paid by the United States if the trial judge or a
circuit judge certifies that the appeal is not frivolous (but presents a
substantial question). The reporter may require any party requesting a
transcript to prepay the estimated fee in advance except as to
transcripts that are to be paid for by the United States.
(g) If, upon the advice of the chief judge of any district court
within the circuit, the judicial council of any circuit determines that
the number of court reporters provided such district court pursuant to
subsection (a) of this section is insufficient to meet temporary demands
and needs and that the services of additional court reporters for such
district court should be provided the judges of such district court
(including the senior judges thereof when such senior judges are
performing substantial judicial services for such court) on a contract
basis, rather than by appointment of court reporters as otherwise
provided in this section, and such judicial council notifies the
Director of the Administrative Office, in writing, of such
determination, the Director of the Administrative Office is authorized
to and shall contract, without regard to section 3709 of the Revised
Statutes of the United States, as amended (41 U.S.C. 5), with any
suitable person, firm, association, or corporation for the providing of
court reporters to serve such district court under such terms and
conditions as the Director of the Administrative Office finds, after
consultation with the chief judge of the district court, will best serve
the needs of such district court.
(June 25, 1948, ch. 646, 62 Stat. 921; Oct. 31, 1951, ch. 655, 46,
65 Stat. 726; June 28, 1955, ch. 189, 3(c), 69 Stat. 176; June 20,
1958, Pub. L. 85-462, 3(c), 72 Stat. 207; July 7, 1958, Pub. L.
85-508, 12(e), 72 Stat. 348; July 1, 1960, Pub. L. 86-568, title I,
116(c), 74 Stat. 303; Sept. 2, 1965, Pub. L. 89-163, 79 Stat. 619;
Sept. 2, 1965, Pub. L. 89-167, 79 Stat. 647; June 2, 1970, Pub. L.
91-272, 14, 84 Stat. 298; Dec. 11, 1970, Pub. L. 91-545, 84 Stat.
1412; Apr. 2, 1982, Pub. L. 97-164, title IV, 401(a), 96 Stat. 56.)
Based on title 28, U.S.C., 1940 ed., 9a(a), (b), (c), (d), and
section 644 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions (Apr. 30, 1900, ch. 339, 86, 31 Stat. 158; Mar. 3, 1909,
ch. 269, 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, 5a, as added Jan.
20, 1944, ch. 3, 1(a), (b), (c), (d), 58 Stat. 5, 6, 7; Mar. 4, 1921,
ch. 161, 1, 41 Stat. 1412; July 9, 1921, ch. 42, 313, 42 Stat. 119;
June 1, 1922, ch. 204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch.
21, title II, 52 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890).
Section consolidates section 9a(a), (b), (c), (d) of title 28,
U.S.C., 1940 ed., and part of section 644 of title 48, U.S.C., 1940 ed.,
relating to reporters.
The provisions of section 644 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions, relating to clerks and deputy
clerks, were incorporated in section 751 of this title. The provision
of said section 644 fixing the salary of the reporter at $1,200 per
annum was omitted as inconsistent with this section. Certain other
provisions of said section 644 were also omitted. (See reviser's note
under section 751 of this title.)
Words ''including the District Court of the United States for the
District of Columbia, and the district courts in the territories and
insular possessions'' were omitted as covered by ''Each district court
in the United States, the District Court for the Territory of Alaska,
the United States District Court for the District of the Canal Zone, and
the District Court of the Virgin Islands.'' (See reviser's note under
section 88 of this title.) The courts in Hawaii and Puerto Rico are
district courts of the United States under definitive section 451 of
this title.
Words ''for the performance of the duties combined'' were substituted
for ''therefor, as provided by subsection (c) hereof, any provision of
law to the contrary notwithstanding''.
Subsections (e) and (f) of this section incorporate part of the
provisions of subsection 9a(c) of title 28, U.S.C., 1940 ed. The other
provisions of said subsection are incorporated in sections 550 (see
Prior Provisions note under that section) and 1915 of this title.
The last paragraph of subsection (b) of this section was revised to
conform with the language of section 556 of title 28, U.S.C., 1940 ed.,
providing for inspection of books in the offices of clerks of district
courts. Such section 556 will be omitted, however, as more properly
coverable by rule of court.
The Criminal Justice Act, referred to in subsec. (f), probably means
Pub. L. 88-455, Aug. 20, 1964, 78 Stat. 552, as amended, known as the
Criminal Justice Act of 1964, which is classified to section 3006A of
Title 18, Crimes and Criminal Procedure, and provisions set out as notes
under section 3006A of Title 18.
1982 -- Subsec. (b). Pub. L. 97-164, amended subsec. (b) generally,
substituting provisions permitting proceedings to be recorded using
electronic sound recording, or any other method, subject to the approval
and authorization of the Judicial Conference and of the presiding judge,
for provisions requiring that an official court reporter attend each
session of the court and every other proceeding designated by rule or
order of the court or one of the judges.
1970 -- Subsec. (e). Pub. L. 91-272, 14(1), struck out provisions
limiting to the $3,000 to $7,630 range the annual salary paid to
reporters.
Subsec. (f). Pub. L. 91-545 restricted authorization of United States
to pay fees for transcripts furnished in criminal proceedings to
transcripts furnished to persons proceeding under the Criminal Justice
Act.
Subsec. (g). Pub. L. 91-272, 14(2), added subsec. (g)
1965 -- Subsec. (b). Pub. L. 89-163 made provision for recording of
proceedings in United States District Courts by means of electronic
sound recording devices, made subject to the Judicial Conference the
types of electronic sound recording means used by the reporters, made
electronic sound recordings of proceedings on arraignment, plea, and
sentence in a criminal case when properly certified by the court
reporter admissible evidence to establish the record of that part of the
proceedings, required the transcribing of arraignments in addition to
the criminal proceedings already required to be transcribed, and waived
the transcribing requirement for arraignments, pleas, and sentencing
proceedings when such proceedings have been electronically recorded and
such records certified and filed as provided in this subsection.
Subsec. (f). Pub. L. 89-167 provided for payment by United States of
fees for transcripts furnished in proceedings brought under section 2255
of this title to persons permitted to sue or appeal in forma pauperis if
trial judge or a circuit judge certifies that the suit or appeal is not
frivolous and that the transcript is needed to decide the issue
presented by the suit or appeal.
1960 -- Subsec. (e). Pub. L. 86-568 increased maximum annual salary
from $7,095 to $7,630.
1958 -- Subsec. (a). Pub. L. 85-508 struck out provisions which
related to District Court for Territory of Alaska. See section 81A of
this title which establishes a United States District Court for State of
Alaska.
Subsec. (e). Pub. L. 85-462 increased maximum annual salary from
$6,450 to $7,095.
1955 -- Subsec. (e). Act June 28, 1955, increased maximum annual
salary from $6,000 to $6,450.
1951 -- Subsec. (a). Act Oct. 31, 1951, inserted reference to
District Court of Guam in first par.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 86-568 effective on the first day of the first
pay period which begins on or after July 1, 1960, see section 122 of
Pub. L. 86-568.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see Pub. L. 85-508, set out as a note preceding section 21 of
Title 48, Territories and Insular Possessions.
Section 401(b) of Pub. L. 97-164 provided that: ''The regulations
promulgated by the Judicial Conference pursuant to subsection (b) of
section 753 of title 28, as amended by subsection (a) of this section,
shall not take effect before one year after the effective date of this
Act (Oct. 1, 1982). During the one-year period after the date of the
enactment of this Act (Apr. 2, 1982), the Judicial Conference shall
experiment with the different methods of recording court proceedings.
Prior to the effective date of such regulations, the law and regulations
in effect the day before the date of enactment of this Act shall remain
in full force and effect.''
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
1967 -- Pub. L. 90-206, title II, 213(c), Dec. 16, 1967, 81 Stat.
635, inserted a new salary limitation for court reporters effective the
first pay period which begins on or after Oct. 1, 1967, which reflected
the respective applicable pay increases provided by section 202(a) of
Pub. L. 90-206 in corresponding rates of compensation for particular
officers and employees of the government.
1966 -- Pub. L. 89-504, title II, 202(c), July 18, 1966, 80 Stat.
294, inserted a new salary limitation for court reporters effective the
first pay period which begins on or after July 1, 1966, which reflected
the respective applicable pay increases provided by section 102(a) of
title I of Pub. L. 89-504 in corresponding rates of compensation for
particular officers and employees of the government.
1965 -- Pub. L. 89-301, 12(c), Oct. 29, 1965, 79 Stat. 1122,
inserted a new salary limitation for court reporters which reflected the
applicable pay increases provided by section 2(a) of Pub. L. 89-301 in
corresponding rates of compensation for particular government officers
and employees.
1964 -- Pub. L. 88-426, title IV, 402(c), Aug. 14, 1964, 78 Stat.
434, inserted a new salary limitation for court reporters which
reflected the applicable pay increases provided by title I of Pub. L.
88-426 in corresponding rates of compensation for particular government
officers and employees.
1962 -- Pub. L. 87-793, title VI, 1004(c), Oct. 11, 1962, 76 Stat.
866, inserted a new salary limitation for court reporters effective for
the pay period beginning on or after Oct. 11, 1962, and ending
immediately prior to the first pay period beginning on or after Jan. 1,
1964, and provided for a second salary limitation effective for the
first pay period beginning on or after Jan. 1, 1964, which reflected
applicable pay increases provided by title II of Pub. L. 87-793 in
corresponding rates of compensation for particular government officers
and employees.
Compensation and expenses of court officers and employees, see
section 604 of this title.
/1/ So in original. Probably should be ''or as''.
28 USC 754. Receivers of property in different districts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A receiver appointed in any civil action or proceeding involving
property, real, personal or mixed, situated in different districts
shall, upon giving bond as required by the court, be vested with
complete jurisdiction and control of all such property with the right to
take possession thereof.
He shall have capacity to sue in any district without ancillary
appointment, and may be sued with respect thereto as provided in section
959 of this title.
Such receiver shall, within ten days after the entry of his order of
appointment, file copies of the complaint and such order of appointment
in the district court for each district in which property is located.
The failure to file such copies in any district shall divest the
receiver of jurisdiction and control over all such property in that
district.
(June 25, 1948, ch. 646, 62 Stat. 922.)
Based on title 28, U.S.C., 1940 ed., 117 (Mar. 3, 1911, ch. 231,
56, 36 Stat. 1102).
Word ''action'' was substituted for ''suit'', in view of Rule 2 of
the Federal Rules of Civil Procedure.
Section 117 of title 28, U.S.C., 1940 ed., applied to land or other
property of a fixed character lying in different States within the same
circuit. Words ''property, real, personal or mixed, situated in
different districts'', were inserted to broaden the scope of this
section to cover all property in different districts without respect to
situs ''within different states within same judicial circuit''.
The revised section permits the receiver appointed by any district
court to control all property of the defendant in whatever district the
property is situated. The provisions of section 117 of title 28,
U.S.C., 1940 ed., for divesting the receiver's jurisdiction and control
of property in other districts upon disapproval by the circuit court of
appeals or a judge thereof of the circuit embracing the district of
appointment was omitted as unnecessary in view of sections 1292 and 2107
of this title. Said section 1292 provides for review of the order of
appointment and the directions of the reviewing court will control the
receiver.
Provisions of section 117 of title 28, U.S.C., 1940 ed., relating to
process are the basis of section 1692 of this title.
Under section 117 of title 28, U.S.C., 1940 ed., failure to file
copies of the complaint and order of appointment in any district where
part of the property was located divested the receiver of jurisdiction
over all the property except that part located in the State where the
suit was brought. This has been changed by limiting the exception to
the district where the copies are not filed. Obviously the election of
the receiver not to take control of property in one district ought not
to preclude his control in those districts in which he did file such
copies.
Changes were made in phraseology.
Capacity to sue or be sued, see rule 17, Appendix to this title.
Mismanagement of property by receiver, criminal penalty, see section
1911 of Title 18, Crimes and Criminal Procedure.
Process and orders affecting property in different districts, see
section 1692 of this title.
28 USC 755. Criers and bailiffs
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each district judge may appoint a crier for the court in which he
presides who shall perform also the duties of bailiff and messenger. A
crier may perform also the duties of law clerk if he is qualified to do
so and the district judge who appointed him designates him to serve as a
crier-law clerk. A crier designated to serve as a crier-law clerk shall
receive the compensation of a law clerk, but only so much of that
compensation as is in excess of the compensation to which he would be
entitled as a crier shall be deemed the compensation of a law clerk for
the purposes of any limitation imposed by law upon the aggregate
salaries of law clerks and secretaries appointed by a district judge.
Each United States marshal may employ, with the approval of the
judge, not exceeding four bailiffs as the district judge may determine,
to attend the court, maintain order, wait upon the grand and petit
juries, and perform such other necessary duties as the judge or marshal
may direct.
If the position of crier or bailiff is to be filled by the
appointment of a person who has not previously served as either crier or
bailiff, preference in the appointment shall be given to a person who
has served in the military or naval forces of the United States in time
of war and who has been honorably discharged therefrom, if in the
opinion of the appointing officer such person is as well qualified as
any other available person to perform to the satisfaction of the
appointing officer all the duties of the position.
(June 25, 1948, ch. 646, 62 Stat. 923; Oct. 21, 1965, Pub. L.
89-281, 79 Stat. 1012; Nov. 18, 1988, Pub. L. 100-690, title VII,
7608(b), 102 Stat. 4515.)
Based on title 28, U.S.C., 1940 ed., 9, 595, 596 (R.S. 715; Mar.
3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231, 5, 36 Stat.
1088; June 1, 1922, ch. 204, title II, 42 Stat. 617; Jan. 3, 1923, ch.
21, title II, 42 Stat. 1084; May 28, 1924, ch. 204, title II, 43 Stat.
221; May 14, 1940, ch. 189, title III, 54 Stat. 204; June 28, 1941,
ch. 258, title III, 55 Stat. 295; July 2, 1942, ch. 472, title III, 56
Stat. 486; July 1, 1943, ch. 182, title II, 57 Stat. 286; June 28,
1944, ch. 294, title II, 58 Stat. 410; Dec. 7, 1944, ch. 522, 1, 2,
58 Stat. 796; May 21, 1945, ch. 129, title II, 59 Stat. 184).
Section consolidates parts of sections 9, 595, and 596 of title 28,
U.S.C., 1940 ed. The other provisions of such sections appear in
section 604 of this title.
Compensation of criers and other court attendants, except bailiffs
under section 604 of this title, will be fixed by the Director of the
Administrative Office of the United States Courts.
1988 -- Pub. L. 100-690 struck out third par. which provided each
bailiff an allowance of $6 a day for services to be paid only for actual
attendance when court was in session or judge or jury was present.
1965 -- Pub. L. 89-281 inserted provisions to first par. permitting
a crier to perform duties of law clerk if he is qualified to do so and
district judge who appointed him designates him to serve as a crier-law
clerk, specifying that a crier-law clerk shall receive compensation of a
law clerk, and requiring that only so much of that compensation as is in
excess of compensation to which he would be entitled as a crier shall be
deemed compensation of a law clerk for purposes of any limitation
imposed by law upon aggregate salaries of law clerks and secretaries
appointed by a district judge.
Compensation and expenses of court officers and employees, see
section 604 of this title.
28 USC 756. Power to appoint
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Whenever a majority of the district judges of any district court
cannot agree upon the appointment of any officer of such court, the
chief judge shall make such appointment.
(June 25, 1948, ch. 646, 62 Stat. 923.)
Based on title 28, U.S.C., 1940 ed., 375 (Mar. 3, 1911, ch. 231,
260, 36 Stat. 1161; Feb. 25, 1919, ch.29, 6, 40 Stat. 1157; Mar. 1,
1929, ch. 419, 45 Stat. 1422; May 11, 1944, ch. 192, 1, 3, 58 Stat.
218, 219).
Only part of section 375 of title 28, U.S.C., 1940 ed., appears in
this section. The remainder is incorporated in sections 136, 294 and
371 of this title.
The term ''chief judge'' was substituted for ''senior district
judge''. (See reviser's note under section 136 of this title.)
Minor changes in phraseology were made.
28 USC (CHAPTER 50 -- OMITTED)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Chapter 50, consisting of sections 771 to 775, which was added by
Pub. L. 95-598, title II, 233(a), Nov. 6, 1978, 92 Stat. 2665, and
which related to bankruptcy courts, 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.
28 USC CHAPTER 51 -- UNITED STATES COURT OF FEDERAL CLAIMS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
791. Clerk.
(792, 793. Repealed.)
794. Law clerks and secretaries.
795. Bailiffs and messengers.
796. Reporting of court proceedings.
797. Recall of retired judges.
798. Places of holding court; appointment of special masters.
1992 -- Pub. L. 102-572, title IX, 902(a)(1), Oct. 29, 1992, 106
Stat. 4516, substituted ''UNITED STATES COURT OF FEDERAL CLAIMS'' for
''UNITED STATES CLAIMS COURT'' as chapter heading.
1984 -- Pub. L. 98-620, title IV, 416(b), Nov. 8, 1984, 98 Stat.
3364, added item 798.
1982 -- Pub. L. 97-164, title I, 121(b), (c)(2), (d)(2), (f)(2),
(g)(2), Apr. 2, 1982, 96 Stat. 34-36, substituted ''UNITED STATES
CLAIMS COURT'' for ''COURT OF CLAIMS'' as chapter heading and, in
analysis of sections in the chapter, struck out item 792
''Commissioners'' substituted ''Law clerks and secretaries'' for
''Stenographers and clerical employees'' in item 794, substituted
''Bailiffs and messengers'' for ''Bailiff and messenger'' in item 795,
and substituted ''judges'' for ''commissioners'' in item 797.
1972 -- Pub. L. 92-375, 1, Aug. 10, 1972, 86 Stat. 529, added
item 797.
1970 -- Pub. L. 91-272, 15(b), June 2, 1970, 84 Stat. 298, added
item 796.
1954 -- Act Sept. 3, 1954, ch. 1263, 40, 68 Stat. 1240, struck
out item 793 ''Reporter-commissioners; stenographers''.
General provisions applicable to court officers and employees, see
section 951 et seq. of this title.
28 USC 791. Clerk
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The United States Court of Federal Claims may appoint a clerk,
who shall be subject to removal by the court. The clerk, with the
approval of the court, may appoint necessary deputies and employees in
such numbers as may be approved by the Director of the Administrative
Office of the United States Courts. Such deputies and employees shall
be subject to removal by the clerk with the approval of the court.
(b) The clerk shall pay into the Treasury all fees, costs and other
moneys collected by him. He shall make returns thereof to the Director
of the Administrative Office of the United States Courts under
regulations prescribed by him.
(c) On the first day of every regular session of Congress, the clerk
shall transmit to Congress a full and complete statement of all the
judgments rendered by the court during the previous year, showing the
dates and amounts thereof and the parties in whose favor they were
rendered, together with a brief synopsis of the nature of the claims
upon which they were rendered, and a statement of the costs taxed in
each case.
(June 25, 1948, ch. 646, 62 Stat. 923; Apr. 2, 1982, Pub. L.
97-164, title I, 121(a), 96 Stat. 34; Oct. 29, 1992, Pub. L. 102-572,
title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 244, 248, 283a and 289 (Mar.
3, 1911, ch. 231, 139, 143, 183, 36 Stat. 1136, 1142; June 10, 1921,
ch. 18, 301, 302, 310, 42 Stat. 23, 25, Mar. 3, 1933, ch. 212, title
II, 19, 47 Stat. 1519; May 10, 1934, ch. 277, 512(b), 48 Stat. 759).
This section consolidates a part of sections 244 and 248 with
sections 283a and 289, all of title 28, U.S.C., 1940 ed.
Provisions in section 248 of title 28, U.S.C., 1940 ed., for
distribution by the clerk of copies of the court's decisions is
incorporated in section 415 of this title.
Certain provisions of section 244 of title 28, U.S.C., 1940 ed.,
relating to the bailiff and the chief messenger of the Court of Claims,
and powers and duties of the clerk, his deputies and assistants, are
incorporated in sections 795 and 956 of this title.
A provision in section 244 of title 28, U.S.C., 1940 ed., relating to
the oath of the clerk of such court was omitted as covered by section
951 of this title.
Word ''clerk'' was substituted for ''chief clerk'' to harmonize with
such designation of clerks of all other courts.
Provision that such officers shall be under the direction of the
court in the performance of their duties was omitted as superfluous.
Provision in section 244 of title 28, U.S.C., 1940 ed., that the
clerk and assistant shall be subject to removal by the Court was
substituted for the grounds of misconduct or incapacity. This change is
in harmony with like provisions as to the clerks of other courts.
Section 289 of title 28, U.S.C., 1940 ed., required the Attorney
General to duplicate the reporting to Congress of judgments which are
furnished by the clerk. The revised section eliminates such duplication
by requiring the clerk to transmit the information to Congress.
Words ''Director of the Administrative Office of the United States
Courts'' were substituted for ''Attorney General,'' in view of the act
of August 7, 1939, ch. 501, 6, 53 Stat. 1226, 28 U.S.C., 1940 ed.,
following 446.
As revised, this section is consistent with similar provisions as to
clerks of district courts and the courts of appeals in chapters 47 and
49 of this title.
Changes in phraseology were made.
1992 -- Subsec. (a). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Subsec. (a). Pub. L. 97-164 substituted ''The United States
Claims Court may appoint a clerk, who shall be subject to removal by the
court'' for ''The Court of Claims may appoint a clerk and an assistant
clerk, each of whom shall be subject to removal by the court'' and ''The
clerk, with the approval of the court, may appoint necessary deputies
and employees in such numbers as may be approved by the Director of the
Administrative Office of the United States Courts. Such deputies and
employees shall be subject to removal by the clerk with the approval of
the court'' for ''The court shall report any such removal and the cause
thereof to Congress as soon as possible''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Compensation and expenses of clerks of court, their deputies, etc.,
see section 604 of this title.
Oath and bond of clerks and deputies, see section 951 of this title.
28 USC ( 792. Repealed. Pub. L. 97-164, title I, 121(b), Apr. 2,
1982, 96 Stat. 34)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, acts June 25, 1948, ch. 646, 62 Stat. 923; July 28, 1953,
ch. 253, 4(a), 67 Stat. 226; Sept. 3, 1954, ch. 1263, 41, 68 Stat.
1240; Aug. 14, 1964, Pub. L. 88-426, title IV, 403(h), 78 Stat.
434; Oct. 15, 1966, Pub. L. 89-681, 3, 80 Stat. 959; Dec. 16,
1967, Pub. L. 90-206, title II, 213(e), 81 Stat. 635; Aug. 9, 1975,
Pub. L. 94-82, title II, 205(b)(7), 89 Stat. 423; July 20, 1977,
Pub. L. 95-69, 3, 91 Stat. 274, provided for appointment by Court of
Claims and compensation of sixteen commissioners.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC ( 793. Repealed. July 28, 1953, ch. 253, 6, 67 Stat. 226)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, act June 25, 1948, ch. 646, 62 Stat. 924, related to
appointment of reporter-commissioners by Court of Claims and employment
of stenographers therefor.
28 USC 794. Law clerks and secretaries
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The judges of the United States Court of Federal Claims may appoint
necessary law clerks and secretaries, in such numbers as the Judicial
Conference of the United States may approve for district judges, subject
to any limitation of the aggregate salaries of such employees which may
be imposed by law. A law clerk appointed under this section shall be
exempt from the provisions of subchapter I of chapter 63 of title 5,
unless specifically included by the appointing judge or by local rule of
court.
(June 25, 1948, ch. 646, 62 Stat. 924; Apr. 2, 1982, Pub. L.
97-164, title I, 121(c)(1), 96 Stat. 34; Nov. 19, 1988, Pub. L.
100-702, title X, 1003(a)(3), 102 Stat. 4665; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 905, 106 Stat. 4516, 4517.)
Based on title 28, U.S.C., 1940 ed., 270 (Feb. 24, 1925, ch. 301,
2, 43 Stat. 965; May 29, 1928, ch. 852, 711, 45 Stat. 882; June 23,
1930, ch. 573, 1, 46 Stat. 799; Oct. 16, 1941, ch. 443, 55 Stat.
741).
The first sentence of the revised section makes express provision for
appointment of stenographers and necessary clerical employees.
Other provisions of section 270 of title 28, U.S.C., 1940 ed., are
incorporated in sections 456 and 792 of this title.
Specific provision for $5 per diem for stenographers is omitted as
unnecessary and inconsistent with section 962 of this title. Travel and
subsistence allowances of Government employees are governed by sections
822-833 of title 5, U.S.C., 1940 ed., Executive Departments and
Government Officers and Employees.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' and inserted ''for district
judges'' after ''may approve'' in first sentence.
1988 -- Pub. L. 100-702 inserted at end ''A law clerk appointed
under this section shall be exempt from the provisions of subchapter I
of chapter 63 of title 5, unless specifically included by the appointing
judge or by local rule of court.''
1982 -- Pub. L. 97-164 substituted ''Law clerks and secretaries''
for ''Stenographers and clerical employees'' as section catchline and,
in text, substituted ''The judges of the United States Claims Court may
appoint necessary law clerks and secretaries, in such numbers as the
Judicial Conference of the United States may approve, subject to any
limitation of the aggregate salaries of such employees which may be
imposed by law'' for ''The Court of Claims shall appoint stenographers
and other clerical employees in such numbers as may be necessary each of
whom shall be subject to removal by the court''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Compensation and expenses of court officers and employees, see
section 604 of this title.
28 USC 795. Bailiffs and messengers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The chief judge of United States Court of Federal Claims, with the
approval of the court, may appoint necessary bailiffs and messengers, in
such numbers as the Director of the Administrative Office of the United
States Courts may approve, each of whom shall be subject to removal by
the chief judge, with the approval of the court.
(June 25, 1948, ch. 646, 62 Stat. 924; Apr. 2, 1982, Pub. L.
97-164, title I, 121(d)(1), 96 Stat. 35; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 244 (Mar. 3, 1911, ch. 231,
139, 36 Stat. 1136).
The provision in section 244 of title 28, U.S.C., 1940 ed., that the
bailiff should serve 4 years unless sooner removed by the court for
cause, was changed by omitting the 4-year tenure and removal ''for
cause'' requirement. As revised this section conforms with sections
relating to the similar court officers.
Term ''chief messenger'' in section 244 of title 28, U.S.C., 1940
ed., was changed to ''messenger'' as the court has but one messenger.
A provision of section 244 of title 28, U.S.C., 1940 ed., providing
for appointment of a clerk and assistant is incorporated in section 791
of this title, and a provision thereof, relating to powers and duties of
the clerk, his deputies and assistants, is incorporated in section 956
of this title.
The second paragraph was added to conform with sections 713, 755, and
834 of this title.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''Bailiffs and messengers'' for
''Bailiff and messenger'' in section catchline and, in text, substituted
''The chief judge of United States Claims Court, with the approval of
the court, may appoint necessary bailiffs and messengers, in such
numbers as the Director of the Administrative Office of the United
States Courts may approve, each of whom shall be subject to removal by
the chief judge, with the approval of the court'' for ''The Court of
Claims may appoint a bailiff and a messenger who shall be subject to
removal by the court'' and struck out provision that the bailiff attend
the court, preserve order, and perform such other necessary duties as
the court might direct.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Compensation and expenses of court officers and employees, see
section 604 of this title.
28 USC 796. Reporting of court proceedings
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Subject to the approval of the United States Court of Federal Claims,
the Director of the Administrative Office of the United States Courts is
authorized to contract for the reporting of all proceedings had in open
court, and in such contract to fix the terms and conditions under which
such reporting services shall be performed, including the terms and
conditions under which transcripts shall be supplied by the contractor
to the court and to other persons, departments, and agencies.
(Added Pub. L. 91-272, 15(a), June 2, 1970, 84 Stat. 298; amended
Pub. L. 97-164, title I, 121(e), Apr. 2, 1982, 96 Stat. 35; Pub. L.
102-572, title IX, 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''Subject to the approval of the
United States Claims Court, the Director of the Administrative Office of
the United States Courts'' for ''The Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC 797. Recall of retired judges
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any judge of the United States Court of Federal Claims who has
retired from regular active service under subchapter III of chapter 83,
or chapter 84, of title 5 shall be known and designated as a senior
judge and may perform duties as a judge when recalled pursuant to
subsection (b) of this section.
(b) The chief judge of the Court of Federal Claims may, whenever he
deems it advisable, recall any senior judge, with such judge's consent,
to perform such duties as a judge and for such period of time as the
chief judge may specify.
(c) Any senior judge performing duties pursuant to this section shall
not be counted as a judge for purposes of the number of judgeships
authorized by section 171 of this title.
(d) Any senior judge, while performing duties pursuant to this
section, shall be paid the same allowances for travel and other expenses
as a judge in active service. Such senior judge shall also receive from
the Court of Federal Claims supplemental pay in an amount sufficient,
when added to his retirement annuity, to equal the salary of a judge in
active service for the same period or periods of time. Such
supplemental pay shall be paid in the same manner as the salary of a
judge.
(Added Pub. L. 92-375, 2, Aug. 10, 1972, 86 Stat. 529; amended Pub.
L. 97-164, title I, 121(f)(1), Apr. 2, 1982, 96 Stat. 35; Pub. L.
99-651, title II, 202(c), Nov. 14, 1986, 100 Stat. 3648; Pub. L.
102-572, title IX, 902(a), 904(b), Oct. 29, 1992, 106 Stat. 4516,
4517.)
1992 -- Subsec. (a). Pub. L. 102-572, 902(a)(1), substituted
''United States Court of Federal Claims'' for ''United States Claims
Court''.
Subsec. (b). Pub. L. 102-572, 902(a)(2), substituted ''Court of
Federal Claims'' for ''Claims Court''.
Subsec. (d). Pub. L. 102-572, 902(a)(2), 904(b), substituted
''Court of Federal Claims'' for ''Claims Court'' and struck out ''civil
service'' before ''retirement annuity''.
1986 -- Subsec. (a). Pub. L. 99-651 inserted reference to chapter 84
of title 5.
1982 -- Pub. L. 97-164 substituted ''judges'' for ''commissioners''
in section catchline.
Subsec. (a). Pub. L. 97-164 substituted ''Any judge of the United
States Claims Court who has retired from regular active service under
subchapter III of chapter 83 of title 5 shall be known and designated as
a senior judge and may perform duties as a judge when recalled pursuant
to subsection (b) of this section'' for ''Any commissioner who has
retired from regular active service under the Civil Service Retirement
Act shall be known and designated as a senior commissioner and may
perform duties as a commissioner when recalled pursuant to subsection
(b) of this section''.
Subsec. (b). Pub. L. 97-164 substituted ''The chief judge of the
Claims Court may, whenever he deems it advisable, recall any senior
judge, with such judge's consent, to perform such duties as a judge and
for such period of time as the chief judge may specify'' for ''The
United States Court of Claims, whenever it deems such action advisable,
may recall any senior commissioner, with the latter's acquiescence, to
perform such duties as a commissioner and for such period of time as the
court may specify''.
Subsec. (c). Pub. L. 97-164 substituted ''Any senior judge performing
duties pursuant to this section shall not be counted as a judge for
purposes of the number of judgeships authorized by section 171 of this
title'' for ''Any senior commissioner performing duties pursuant to this
section shall not be counted as a commissioner for purposes of the
number of commissioner positions authorized by section 792 of this
title''.
Subsec. (d). Pub. L. 97-164 substituted ''judge'' for
''commissioner'' wherever appearing, ''Such senior judge'' for ''He'',
and ''Claims Court'' for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC 798. Places of holding court; appointment of special masters
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The United States Court of Federal Claims is authorized to use
facilities and hold court in Washington, District of Columbia, and
throughout the United States (including its territories and possessions)
as necessary for compliance with sections 173 and 2503(c) of this title.
The facilities of the Federal courts, as well as other comparable
facilities administered by the General Services Administration, shall be
made available for trials and other proceedings outside of the District
of Columbia.
(b) Upon application of a party or upon the judge's own initiative,
and upon a showing that the interests of economy, efficiency, and
justice will be served, the chief judge of the Court of Federal Claims
may issue an order authorizing a judge of the court to conduct
proceedings, including evidentiary hearings and trials, in a foreign
country whose laws do not prohibit such proceedings, except that an
interlocutory appeal may be taken from such an order pursuant to section
1292(d)(2) of this title, and the United States Court of Appeals for the
Federal Circuit may, in its discretion, consider the appeal.
(c) The chief judge of the Court of Federal Claims may appoint
special masters to assist the court in carrying out its functions. Any
special masters so appointed shall carry out their responsibilities and
be compensated in accordance with procedures set forth in the rules of
the court.
(Added Pub. L. 98-620, title IV, 416(a), Nov. 8, 1984, 98 Stat.
3364; amended Pub. L. 102-572, title IX, 902(a)(2), 906(a), (b), Oct.
29, 1992, 106 Stat. 4516-4518.)
1992 -- Subsec. (a). Pub. L. 102-572, 906(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
United States Claims Court is hereby authorized to utilize facilities
and hold court in Washington, District of Columbia, and in four
locations outside of the Washington, District of Columbia metropolitan
area, for the purpose of conducting trials and such other proceedings as
may be appropriate to executing the court's functions. The Director of
the Administrative Office of the United States Courts shall designate
such locations and provide for such facilities.''
Subsec. (b). Pub. L. 102-572, 906(b)(2), added subsec. (b). Former
subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 102-572, 902(a)(2), 906(b)(1), redesignated
former subsec. (b) as (c) and substituted ''Court of Federal Claims''
for ''Claims Court''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
28 USC (CHAPTER 53 -- REPEALED)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC ( 831 to 834. Repealed. Pub. L. 97-164, title I, 122(a), Apr.
2, 1982, 96 Stat. 36)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section 831, act June 25, 1948, ch. 646, 62 Stat. 924, authorized
Court of Customs and Patent Appeals to appoint a clerk, assistant
clerks, stenographic law clerks, clerical assistants, and other
necessary employees, and set out duties of clerk.
Section 832, acts June 25, 1948, ch. 646, 62 Stat. 924; May 24,
1949, ch. 139, 76, 63 Stat. 101, authorized Court of Customs and
Patent Appeals to appoint a marshal and set out duties of that marshal.
Section 833, act June 25, 1948, ch. 646, 62 Stat. 925, authorized
Court of Customs and Patent Appeals to appoint a reporter and set out
duties of that reporter.
Section 834, act June 25, 1948, ch. 646, 62 Stat. 925, authorized
Court of Customs and Patent Appeals to appoint necessary bailiffs and
messengers and set out duties of those bailiffs and messengers.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC CHAPTER 55 -- COURT OF INTERNATIONAL TRADE
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
871. Clerk, chief deputy clerk, assistant clerk, deputies,
assistants, and other employees.
872. Criers, bailiffs, and messengers.
1986 -- Pub. L. 99-466, 3(b)(3), Oct. 14, 1986, 100 Stat. 1191,
struck out item 872 ''Marshal and deputy marshals'' and redesignated
item 873 as 872.
1980 -- Pub. L. 96-417, title V, 501(16), Oct. 10, 1980, 94 Stat.
1742, substituted in chapter heading ''COURT OF INTERNATIONAL TRADE''
for ''CUSTOMS COURT''.
1959 -- Pub. L. 86-243, 1, Sept. 9, 1959, 73 Stat. 474, included
chief deputy clerk and assistant clerk in item 871, substituted
''Marshal and deputy marshals'' for ''Marshal; appointment'' in item
872, and added item 873.
1949 -- Act May 24, 1949, ch. 139, 77, 63 Stat. 101, inserted '';
appointment'' in item 872.
General provisions applicable to court officers and employees, see
section 951 et seq. of this title.
28 USC 871. Clerk, chief deputy clerk, assistant clerk, deputies,
assistants, and other employees
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Court of International Trade may appoint a clerk, a chief deputy
clerk, an assistant clerk, deputy clerks, and such deputies, assistants,
and other employees as may be necessary for the effective dispatch of
the business of the court, who shall be subject to removal by the court.
(June 25, 1948, ch. 646, 62 Stat. 925; Sept. 9, 1959, Pub. L.
86-243, 1, 73 Stat. 474; Oct. 10, 1980, Pub. L. 96-417, title V,
501(17), 94 Stat. 1742.)
Based on section 6 of title 19, U.S.C., 1940 ed., Customs Duties (May
4, 1923, ch. 251, 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat.
748; May 28, 1926, ch. 411, 1, 44 Stat. 669; June 17, 1930, ch. 497,
title IV, 518, 649, 46 Stat. 737, 762).
Section is based on the last two sentences of section 6 of title 19,
U.S.C., 1940 ed., which provided for appointment by the Attorney General
in conformity with the civil service laws. This and other
administrative powers of the Department of Justice with respect to the
courts were transferred to the Administrative Office of the United
States Courts by section 446 of title 28, U.S.C., 1940 ed., which is
section 604 of this title. The revised section vests the power of
appointment in the chief judge to conform with section 253 of this title
and rules 5 and 22 of the Rules of the Customs Court adopted May 29,
1936.
Changes were made in phraseology.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
1959 -- Pub. L. 86-243 included chief deputy clerk and assistant
clerk in section catchline, transferred the appointing authority from
the chief judge to the Customs Court, provided for appointment of a
chief deputy clerk, an assistant clerk and deputy clerks and for power
of removal and deleted reference to the civil service laws with respect
to appointments.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Section 4 of Pub. L. 86-243 provided that: ''Nothing contained in
the amendments made by this Act (enacting section 873 and amending this
section and sections 253, 550, and 872 of this title) shall be construed
to deprive any person serving on the date of enactment of this Act
(Sept. 9, 1959) as an officer or employee of the Customs Court of any
rights, privileges, or civil service status, if any, to which such
person is entitled under the laws of the United States or regulations
thereunder.''
Compensation and expenses of clerks of court, their deputies, etc.,
see section 604 of this title.
Oath and bond of clerks and deputies, see section 951 of this title.
28 USC 872. Criers, bailiffs, and messengers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Court of International Trade may appoint such criers as it may
require for said court, which criers shall also perform the duties of
bailiffs and messengers and such other duties as the court directs and
shall be subject to removal by the court.
(Added Pub. L. 86-243, 1, Sept. 9, 1959, 73 Stat. 474, 873;
amended Pub. L. 96-417, title V, 501(19), Oct. 10, 1980, 94 Stat.
1742; renumbered 872, Pub. L. 99-466, 3(b)(2), Oct. 14, 1986, 100
Stat. 1191.)
A prior section 872, acts June 25, 1948, ch. 646, 62 Stat. 925;
May 24, 1949, ch. 139, 78, 63 Stat. 101; Sept. 9, 1959, Pub. L.
86-243, 1, 73 Stat. 474; Oct. 10, 1980, Pub. L. 96-417, title V,
501(18), 94 Stat. 1742, relating to a marshal and deputy marshals, was
repealed by Pub. L. 99-466, 3(b)(1), 4, Oct. 14, 1986, 100 Stat.
1191, effective 60 days after Oct. 14, 1986.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Enactment of section by Pub. L. 86-243 not to deprive Customs Court
officers or employees of any rights, privileges, or civil service
status, see section 4 of Pub. L. 86-243, set out as a note under
section 871 of this title.
28 USC CHAPTER 57 -- GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND
EMPLOYEES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
951. Oath of office of clerks and deputies.
(952. Repealed.)
953. Administration of oaths and acknowledgments.
954. Death of clerk; duties of deputies.
955. Practice of law restricted.
956. Powers and duties of clerks and deputies.
957. Clerks ineligible for certain offices.
958. Persons ineligible as receivers.
959. Trustees and receivers suable; management; State laws.
960. Tax liability.
961. Office expenses of clerks.
(962. Repealed.)
963. Courts defined.
This chapter was renumbered ''57'', but without change in its section
numbers, by Senate amendment. See 80th Congress Senate Report No.
1559.
1972 -- Pub. L. 92-310, title II, 206(e)(2), (f)(2), June 6, 1972,
86 Stat. 203, struck out item 952 ''Bonds of clerks and deputies'', and
struck out ''and remedies against'' before ''deputies'' in item 954.
1968 -- Pub. L. 90-623, 4, Oct. 22, 1968, 82 Stat. 1315, struck
out item 962 ''Traveling expenses''.
1949 -- Act May 24, 1949, ch. 139, 78a, 63 Stat. 101, struck out
''by clerks'' after ''law'' in item 955.
General provisions applicable to court officers and employees, see
section 951 et seq. of this title.
28 USC 951. Oath of office of clerks and deputies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each clerk of court and his deputies shall take the following oath or
affirmation before entering upon their duties: ''I, XXX XXX, having
been appointed XXX, do solemnly swear (or affirm) that I will truly and
faithfully enter and record all orders, decrees, judgments and
proceedings of such court, and will faithfully and impartially discharge
all other duties of my office according to the best of my abilities and
understanding. So help me God.''
(June 25, 1948, ch. 646, 62 Stat. 925.)
Based on title 28, U.S.C., 1940 ed., 512 (R.S., 794; Mar. 3, 1911,
ch. 231, 291, 36 Stat. 1167).
Section 512 of title 28, U.S.C., 1940 ed., applied only to the Clerk
of the Supreme Court and clerks and deputies of the district courts.
This section is applicable to the Supreme Court and to all courts
established by act of Congress.
The last sentence of section 512 of title 28, U.S.C., 1940 ed.,
reading ''The words 'So help me God.' shall be omitted in all cases
where an affirmation is admitted instead of an oath,'' was omitted as
unnecessary because on affirmation such words would not be included. As
revised, the section conforms with section 453 of this title providing
for the form of judicial oath.
Minor changes were made in phraseology.
28 USC ( 952. Repealed. Pub. L. 92-310, title II, 206(e)(1), June 6,
1972, 86 Stat. 203)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, act June 25, 1948, ch. 646, 62 Stat. 926, related to bonds
of clerks and deputies.
28 USC 953. Administration of oaths and acknowledgments
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each clerk of court and his deputies may administer oaths and
affirmations and take acknowledgments.
(June 25, 1948, ch. 646, 62 Stat. 926.)
Based on title 28, U.S.C., 1940 ed., 264, 523 and 525, section
1114(a) of title 26, U.S.C., 1940 ed., Internal Revenue Code, and
District of Columbia Code, 1940 ed., 11-402 (R.S. 799; May 28, 1896,
ch. 252, 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar.
3, 1901, ch. 854, 178, 31 Stat. 1219; June 30, 1902, ch. 1329, 32
Stat. 527; Mar. 3, 1911, ch. 231, 158, 291, 36 Stat. 1139, 1167;
Feb. 10, 1939, ch. 2, 1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619,
title V, 504(a)(c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V,
503, 58 Stat. 72).
This section consolidates a part of section 525, sections 264 and 523
of title 28, U.S.C., 1940 ed., part of section 1114(a) of title 26,
U.S.C., 1940 ed., section 11-402 of the District of Columbia Code, 1940
ed.,
As respects acknowledgments, sections 264, 523 and 525 of title 28,
U.S.C., 1940 ed., and section 11-402 of District of Columbia Code, 1940
ed., referred only to the Court of Claims and the District Court for the
District of Columbia. However, section 555 of said title 28, before
amendment in 1944, provided for the collection of a fee by district
court clerks for taking acknowledgments. The 1944 amendment provided
for the fixing of fees by the Judicial Conference of the United States.
If notaries and other minor officials may take acknowledgments there
seems to be no reason why clerks of Federal courts and their deputies
should not have such power.
Words ''Except as provided in section 591 of this title,'' in section
525 of title 28, U.S.C., 1940 ed., were omitted. Under such section
591, the provisions of such section 525 were inapplicable to the
Territory of Alaska, but a later act of June 6, 1900, ch. 786, 7, 31
Stat. 324, section 106 of title 48, U.S.C., 1940 ed., Territories and
Insular Possessions, provided that clerks of the District Court for
Alaska should perform the duties required or authorized to be performed
by clerks of United States courts in other districts.
Provisions of section 525 of title 28, U.S.C., 1940 ed., relating to
United States commissioners are incorporated in section 637 of this
title.
Provisions of section 264 of title 28, U.S.C., 1940 ed., and section
1114(a) of title 26, U.S.C., 1940 ed., relating to administration of
oaths and acknowledgments by judges, are incorporated in section 459 of
this title. For distribution of other provisions of such section
1114(a) of title 26, see Distribution Table.
Changes in phraseology were made.
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment, therefore section 1114(a) of Title 26,
U.S.C., Internal Revenue Code, was not a part of the source of this
section upon final enactment. The Senate amendments also eliminated
section 1114(a) of the Internal Revenue Code from the schedule of
repeals. See 80th Congress Senate Report No. 1559.
28 USC 954. Death of clerk; duties of deputies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Upon the death of any clerk of court, his deputy or deputies shall
execute the duties of the deceased clerk in his name until his successor
is appointed and qualifies.
The compensation of a deceased clerk of the Supreme Court may be paid
to his personal representatives until his successor is appointed and
qualifies.
(June 25, 1948, ch. 646, 62 Stat. 926; June 6, 1972, Pub. L.
92-310, title II, 206(f), 86 Stat. 203.)
Based on title 28, U.S.C., 1940 ed., 8, 222 and 327 (Mar. 3, 1911,
ch. 231, 4, 125, 221, 36 Stat. 1087, 1132, 1153).
Section consolidates parts of sections 8, 222 and 327 of title 28,
U.S.C., 1940 ed.
Sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., related only
to district courts, courts of appeals and the Supreme Court,
respectively. This section applies to all Federal courts and is in
conformity with section 548 (546) of this title relating to death of a
United States marshal.
The provision for continuance of the salary of the clerk of the
Supreme Court until his successor is appointed and qualifies was
inserted to preserve existing law as declared in the unpublished opinion
of Chief Justice Taft, March 23, 1932 (filed in the Department of
Justice), with respect to a deceased clerk of the Supreme Court. Other
provisions of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., are
incorporated in sections 671, 711, and 751 of this title.
1972 -- Pub. L. 92-310 struck out ''and remedies against'' before
''deputies'' in section catchline and repealed provisions which related
to the default or misfeasance of a deputy in connection with the bond of
a deceased clerk of a Federal court.
28 USC 955. Practice of law restricted
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The clerk of each court and his deputies and assistants shall not
practice law in any court of the United States.
(June 25, 1948, ch. 646, 62 Stat. 926.)
Based on title 28, U.S.C., 1940 ed., 395 and 396 (Mar. 3, 1911, ch.
231, 273, 274, 36 Stat. 1164).
Section consolidates parts of sections 395 and 396 of title 28,
U.S.C., 1940 ed. The remainder, relating to United States marshals and
their deputies, is incorporated in section 556 of this title.
Sections 395 and 396 of title 28, U.S.C., 1940 ed., have been
extended to include all clerks, deputies, and assistants.
The revised section substitutes as simpler and more appropriate, the
prohibition against practice of law ''in any court of the United
States.'' (See reviser's note under section 556 of this title.)
For explanation of provisions omitted from sections 395 and 396 of
title 28, U.S.C., 1940 ed., also see reviser's note under section 556 of
this title.
Changes in phraseology were made.
28 USC 956. Powers and duties of clerks and deputies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The clerk of each court and his deputies and assistants shall
exercise the powers and perform the duties assigned to them by the
court.
(June 25, 1948, ch. 646, 62 Stat. 926.)
Based on title 28, U.S.C., 1940 ed., 221, 244, 304 and 305 (Mar.
3, 1911, ch. 231, 124, 139, 191, 192, 36 Stat. 1132, 1136, 1144; June
16, 1930, ch. 494, 46 Stat. 589).
This section contains only a part of sections 221, 244, 304 and 305
of title 28, U.S.C., 1940 ed. The other provisions of such sections are
incorporated in sections 604, 711, 831, 833, 834, 957 and 1926 of this
title.
Sections 221, 244, 304 and 305 of title 28, U.S.C., 1940 ed., related
to the clerks of the circuit courts of appeals, the Court of Claims and
the Court of Customs and Patent Appeals.
The phrase ''assigned to them by the court'' was substituted for the
indefinite provision of section 221 of title 28, U.S.C., 1940 ed., that
the clerk of each circuit court of appeals ''shall exercise the same
powers and perform the same duties * * * as are exercised and performed
by the clerk of the Supreme Court, so far as the same may be
applicable.''
This section is new insofar as it affects the Clerk of the Supreme
Court and clerks of the district courts and the Customs Court. Existing
law does not prescribe the powers and duties of those clerks. The
duties of the clerk of the Customs Court have been prescribed by the
rules of such court adopted May 29, 1936.
Changes were made in phraseology.
28 USC 957. Clerks ineligible for certain offices
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A clerk of a court or any of his deputies shall not be appointed a
commissioner, master, referee or receiver in any case, unless there are
special reasons requiring such appointment which are recited in the
order of appointment.
(June 25, 1948, ch. 646, 62 Stat. 926; Nov. 6, 1978, Pub. L.
95-598, title II, 234, 92 Stat. 2667; Apr. 2, 1982, Pub. L. 97-164,
title I, 122(b), 96 Stat. 36; July 10, 1984, Pub. L. 98-353, title I,
109, 98 Stat. 342.)
Based on title 28, U.S.C., 1940 ed., 127, 304 (Mar. 3, 1911, ch.
231, 68, 191, 36 Stat. 1105, 1144).
Section consolidates section 127 with part of 304 of title 28,
U.S.C., 1940 ed.
Provisions of section 304 of title 28, U.S.C., 1940 ed., relating to
appointment, powers, duties, and compensation of the clerk of the Court
of Customs and Patent Appeals, and table of fees are incorporated in
sections 604, 831, 956 and 1926 of this title.
Appointment and compensation of masters for district courts, see Rule
53(a) of the Federal Rules of Civil Procedure.
The words ''commissioner'' and ''referee'' did not appear in section
127 of title 28, U.S.C., 1940 ed. They were added to subsection (a) to
remove possible ambiguity.
Words ''by the court or any judge thereof'' in section 304 of title
28, U.S.C., 1940 ed., were omitted as surplusage.
Words ''or assistant clerks'' and ''in any case'' were added in
subsection (b) to make the section applicable to that officer and
consistent with the prohibition in this section against deputies of
district court clerks.
Minor changes were made in phraseology.
1984 -- Pub. L. 98-353 struck out ''district'' before ''court''.
1982 -- Pub. L. 97-164 struck out designation ''(a)'' before ''A
clerk of a district court'' and struck out subsec. (b) which had
provided that the clerk or assistant clerk of the Court of Customs and
Patent Appeals could not be appointed a commissioner, master, or referee
in any case.
1978 -- Pub. L. 95-598 directed the amendment of section by
inserting ''or bankruptcy court'' after ''district court'', 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.
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
For provision against the appointment of certain officers as
receivers, see section 958 of this title.
28 USC 958. Persons ineligible as receivers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A person holding any civil or military office or employment under the
United States or employed by any justice or judge of the United States
shall not at the same time be appointed a receiver in any case in any
court of the United States.
(June 25, 1948, ch. 646, 62 Stat. 926.)
Based on title 28, U.S.C., 1940 ed., 527 (May 28, 1896, ch. 252,
20, 29 Stat. 184; Dec. 28, 1945, ch. 592, 59 Stat. 659).
Provisions of section 527 of title 28, U.S.C., 1940 ed., relating to
ineligibility of various persons as United States commissioner appear as
section 631 of this title. Words ''janitor of any Government building''
were omitted as covered by words ''person holding any civil or military
employment under the United States'' used in the revised section.
The general language of the revised section was substituted for the
provisions of section 527 of title 28, U.S.C., 1940 ed., enumerating
certain officers and employees.
The exception of Alaska by reference to ''section 591 of this title''
in section 527 of title 28, U.S.C., 1940 ed., was omitted as surplusage.
Alaska is excluded by reason of the words ''any court of the United
States'' which are limited by definitive section 451 of this title.
Changes in phraseology were made.
28 USC 959. Trustees and receivers suable; management; State laws
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Trustees, receivers or managers of any property, including
debtors in possession, may be sued, without leave of the court
appointing them, with respect to any of their acts or transactions in
carrying on business connected with such property. Such actions shall
be subject to the general equity power of such court so far as the same
may be necessary to the ends of justice, but this shall not deprive a
litigant of his right to trial by jury.
(b) Except as provided in section 1166 of title 11, a trustee,
receiver or manager appointed in any cause pending in any court of the
United States, including a debtor in possession, shall manage and
operate the property in his possession as such trustee, receiver or
manager according to the requirements of the valid laws of the State in
which such property is situated, in the same manner that the owner or
possessor thereof would be bound to do if in possession thereof.
(June 25, 1948, ch. 646, 62 Stat. 926; Nov. 6, 1978, Pub. L.
95-598, title II, 235, 92 Stat. 2667.)
Based on title 28, U.S.C., 1940 ed., 124, 125 (Mar. 3, 1911, ch.
231, 65, 66, 36 Stat. 1104).
Section consolidates part of section 124 of title 28, U.S.C., 1940
ed., with section 125 of the same title. The criminal penalty for
violation of said section 124 is incorporated in section 1911 of Title
18, Crimes and Criminal Procedure.
Section was extended and made applicable to trustees and debtors in
possession. The provision at the end of subsection (a) for preserving
the right to a jury trial was added to clarify the intent of section 125
of title 28, U.S.C., 1940 ed., as construed in Vany v. Receiver of
Toledo, St. L. and K.C. R.R. Co., C.C. 1895, 67 F. 379.
Changes in phraseology were made.
1978 -- Subsec. (b). Pub. L. 95-598 substituted ''Except as provided
in section 1166 of title 11, a trustee'' for ''A trustee''.
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.
Capacity to sue or be sued, see rule 17, Appendix to this title.
Mismanagement of property by receiver, criminal penalty, see section
1911 of Title 18, Crimes and Criminal Procedure.
Process and orders affecting property in different districts, see
section 1692 of this title.
Receivers of property in different districts, jurisdiction, see
section 754 of this title.
28 USC 960. Tax liability
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any officers and agents conducting any business under authority of a
United States court shall be subject to all Federal, State and local
taxes applicable to such business to the same extent as if it were
conducted by an individual or corporation.
(June 25, 1948, ch. 646, 62 Stat. 927.)
Based on title 28, U.S.C., 1940 ed., 124a (June 18, 1934, ch. 585,
48 Stat. 993).
A proviso in section 124a of title 28, U.S.C., 1940 ed., relating to
taxes accruing prior to the effective date of the 1934 act, was omitted
as obsolete.
References in section 124a of title 28, U.S.C., 1940 ed., to specific
officers was omitted as covered by the words ''Any officers.''
Word ''Federal'' was added before ''State'' in recognition of the
liability of such officers for Federal taxes under the revenue laws.
Changes in phraseology were made.
28 USC 961. Office expenses of clerks
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Each clerk of court shall be allowed his necessary office expenses
when authorized by the Director of the Administrative Office of the
United States Courts.
(June 25, 1948, ch. 646, 62 Stat. 927.)
Based on title 28, U.S.C., 1940 ed., 544, 563 (Mar. 3, 1891, ch.
517, 2, 26 Stat. 826; Feb. 26, 1919, ch. 49, 5, 40 Stat. 1182; Mar.
4, 1921, ch. 161, 1, 41 Stat. 1412; June 1, 1922, ch. 204, title II,
42 Stat. 616; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch.
804, 49 Stat. 1921).
Section consolidates parts of sections 544 and 563 of title 28,
U.S.C., 1940 ed. For remainder of such sections, see Distribution
Table.
Changes were made in phraseology.
28 USC ( 962. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
663)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, act June 25, 1948, ch. 646, 62 Stat. 927, related to
traveling expenses and subsistence for officers and employees of the
courts of the United States and of the Administrative Office of the
United States Courts.
28 USC 963. Courts defined
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in this chapter, unless the context indicates otherwise, the
words ''court'' and ''courts'' include the Supreme Court of the United
States and the courts enumerated in section 610 of this title.
(June 25, 1948, ch. 646, 62 Stat. 927.)
This section was included to embrace the Supreme Court and all courts
under the supervision of the Administrative Office of the United States
Courts. See section 610 of this title and reviser's note thereunder.
28 USC CHAPTER 58 -- UNITED STATES SENTENCING COMMISSION
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
991. United States Sentencing Commission; establishment and
purposes.
992. Terms of office; compensation.
993. Powers and duties of Chairman.
994. Duties of the Commission.
995. Powers of the Commission.
996. Director and staff.
997. Annual report.
998. Definitions.
28 USC 991. United States Sentencing Commission; establishment and
purposes
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) There is established as an independent commission in the judicial
branch of the United States a United States Sentencing Commission which
shall consist of seven voting members and one nonvoting member. The
President, after consultation with representatives of judges,
prosecuting attorneys, defense attorneys, law enforcement officials,
senior citizens, victims of crime, and others interested in the criminal
justice process, shall appoint the voting members of the Commission, by
and with the advice and consent of the Senate, one of whom shall be
appointed, by and with the advice and consent of the Senate, as the
Chairman. At least three of the members shall be Federal judges
selected after considering a list of six judges recommended to the
President by the Judicial Conference of the United States. Not more
than four of the members of the Commission shall be members of the same
political party. The Attorney General, or his designee, shall be an ex
officio, nonvoting member of the Commission. The Chairman and members
of the Commission shall be subject to removal from the Commission by the
President only for neglect of duty or malfeasance in office or for other
good cause shown.
(b) The purposes of the United States Sentencing Commission are to --
(1) establish sentencing policies and practices for the Federal
criminal justice system that --
(A) assure the meeting of the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States Code;
(B) provide certainty and fairness in meeting the purposes of
sentencing, avoiding unwarranted sentencing disparities among defendants
with similar records who have been found guilty of similar criminal
conduct while maintaining sufficient flexibility to permit
individualized sentences when warranted by mitigating or aggravating
factors not taken into account in the establishment of general
sentencing practices; and
(C) reflect, to the extent practicable, advancement in knowledge of
human behavior as it relates to the criminal justice process; and
(2) develop means of measuring the degree to which the sentencing,
penal, and correctional practices are effective in meeting the purposes
of sentencing as set forth in section 3553(a)(2) of title 18, United
States Code.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2017; amended Pub. L. 99-22, 1(1), Apr. 15, 1985, 99 Stat. 46.)
1985 -- Subsec. (a). Pub. L. 99-22 struck out ''in regular active
service'' after ''Federal judges''.
Chapter effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub.
L. 98-473, set out as a note under section 3551 of Title 18, Crimes and
Criminal Procedure.
For provisions directing that, notwithstanding the provisions of this
section, during the five-year period following Oct. 12, 1984, the
United States Sentencing Commission shall consist of nine members,
including two ex officio, nonvoting members, see section 235(b)(5) of
Pub. L. 98-473, set out as an Effective Date note under section 3551 of
Title 18, Crimes and Criminal Procedure.
28 USC 992. Terms of office; compensation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The voting members of the United States Sentencing Commission
shall be appointed for six-year terms, except that the initial terms of
the first members of the Commission shall be staggered so that --
(1) two members, including the Chairman, serve terms of six years;
(2) three members serve terms of four years; and
(3) two members serve terms of two years.
(b)(1) Subject to paragraph (2) --
(A) no voting member of the Commission may serve more than two full
terms; and
(B) a voting member appointed to fill a vacancy that occurs before
the expiration of the term for which a predecessor was appointed shall
be appointed only for the remainder of such term.
(2) A voting member of the Commission whose term has expired may
continue to serve until the earlier of --
(A) the date on which a successor has taken office; or
(B) the date on which the Congress adjourns sine die to end the
session of Congress that commences after the date on which the member's
term expired.
(c) The Chairman of the Commission shall hold a full-time position
and shall be compensated during the term of office at the annual rate at
which judges of the United States courts of appeals are compensated.
The voting members of the Commission, other than the Chairman, shall
hold full-time positions until the end of the first six years after the
sentencing guidelines go into effect pursuant to section
235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, and shall be
compensated at the annual rate at which judges of the United States
courts of appeals are compensated. Thereafter, the voting members of
the Commission, other than the Chairman, shall hold part-time positions
and shall be paid at the daily rate at which judges of the United States
courts of appeals are compensated. A Federal judge may serve as a
member of the Commission without resigning his appointment as a Federal
judge.
(d) Sections 44(c) and 134(b) of this title (relating to the
residence of judges) do not apply to any judge holding a full-time
position on the Commission under subsection (c) of this section.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2018; amended Pub. L. 99-646, 4, 6(a), Nov. 10, 1986, 100 Stat.
3592; Pub. L. 102-349, 1, Aug. 26, 1992, 106 Stat. 933.)
Section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984,
referred to in subsec. (c), is section 235(a)(1)(B)(ii) of Pub. L.
98-473, which is set out as an Effective Date note under section 3551 of
Title 18, Crimes and Criminal Procedure.
1992 -- Subsec. (b). Pub. L. 102-349 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''No voting member
may serve more than two full terms. A voting member appointed to fill a
vacancy that occurs before the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder of
such term.''
1986 -- Subsec. (c). Pub. L. 99-646, 4, substituted ''section
235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984'' for ''section
225(a)(1)(B)(ii) of the Sentencing Reform Act of 1983''.
Subsec. (d). Pub. L. 99-646, 6(a), added subsec. (d).
For provisions directing that, for purposes of subsec. (a) of this
section, the terms of the first members of the United States Sentencing
Commission shall not begin to run until the sentencing guidelines go
into effect pursuant to section 235(a)(1)(B)(ii) of Pub. L. 98-473, see
section 235(a)(2) of Pub. L. 98-473, both of which are set out as an
Effective Date note under section 3551 of Title 18, Crimes and Criminal
Procedure.
28 USC 993. Powers and duties of Chairman
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Chairman shall --
(a) call and preside at meetings of the Commission, which shall be
held for at least two weeks in each quarter after the members of the
Commission hold part-time positions; and
(b) direct --
(1) the preparation of requests for appropriations for the
Commission; and
(2) the use of funds made available to the Commission.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2019; amended Pub. L. 99-22, 1(2), Apr. 15, 1985, 99 Stat. 46; Pub.
L. 99-646, 5, Nov. 10, 1986, 100 Stat. 3592.)
1986 -- Subsec. (b)(2). Pub. L. 99-646 struck out provision that,
before appointment of first Chairman, Administrative Office of the
United States Courts may make requests for appropriations for
Commission.
1985 -- Subsec. (b)(2). Pub. L. 99-22 inserted provision authorizing
the Administrative Office of the United States Courts to make requests
for appropriations for the Commission before the appointment of the
first Chairman of the Commission.
28 USC 994. Duties of the Commission
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Commission, by affirmative vote of at least four members of
the Commission, and pursuant to its rules and regulations and consistent
with all pertinent provisions of this title and title 18, United States
Code, shall promulgate and distribute to all courts of the United States
and to the United States Probation System --
(1) guidelines, as described in this section, for use of a sentencing
court in determining the sentence to be imposed in a criminal case,
including --
(A) a determination whether to impose a sentence to probation, a
fine, or a term of imprisonment;
(B) a determination as to the appropriate amount of a fine or the
appropriate length of a term of probation or a term of imprisonment;
(C) a determination whether a sentence to a term of imprisonment
should include a requirement that the defendant be placed on a term of
supervised release after imprisonment, and, if so, the appropriate
length of such a term;
(D) a determination whether multiple sentences to terms of
imprisonment should be ordered to run concurrently or consecutively;
and
(E) a determination under paragraphs (6) and (11) of section 3563(b)
of title 18;
(2) general policy statements regarding application of the guidelines
or any other aspect of sentencing or sentence implementation that in the
view of the Commission would further the purposes set forth in section
3553(a)(2) of title 18, United States Code, including the appropriate
use of --
(A) the sanctions set forth in sections 3554, 3555, and 3556 of title
18;
(B) the conditions of probation and supervised release set forth in
sections 3563(b) and 3583(d) of title 18;
(C) the sentence modification provisions set forth in sections
3563(c), 3564, 3573, and 3582(c) of title 18;
(D) the fine imposition provisions set forth in section 3572 of title
18;
(E) the authority granted under rule 11(e)(2) of the Federal Rules of
Criminal Procedure to accept or reject a plea agreement entered into
pursuant to rule 11(e)(1); and
(F) the temporary release provisions set forth in section 3622 of
title 18, and the prerelease custody provisions set forth in section
3624(c) of title 18; and
(3) guidelines or general policy statements regarding the appropriate
use of the provisions for revocation of probation set forth in section
3565 of title 18, and the provisions for modification of the term or
conditions of supervised release and revocation of supervised release
set forth in section 3583(e) of title 18.
(b)(1) The Commission, in the guidelines promulgated pursuant to
subsection (a)(1), shall, for each category of offense involving each
category of defendant, establish a sentencing range that is consistent
with all pertinent provisions of title 18, United States Code.
(2) If a sentence specified by the guidelines includes a term of
imprisonment, the maximum of the range established for such a term shall
not exceed the minimum of that range by more than the greater of 25
percent or 6 months, except that, if the minimum term of the range is 30
years or more, the maximum may be life imprisonment.
(c) The Commission, in establishing categories of offenses for use in
the guidelines and policy statements governing the imposition of
sentences of probation, a fine, or imprisonment, governing the
imposition of other authorized sanctions, governing the size of a fine
or the length of a term of probation, imprisonment, or supervised
release, and governing the conditions of probation, supervised release,
or imprisonment, shall consider whether the following matters, among
others, have any relevance to the nature, extent, place of service, or
other incidents /1/ of an appropriate sentence, and shall take them into
account only to the extent that they do have relevance --
(1) the grade of the offense;
(2) the circumstances under which the offense was committed which
mitigate or aggravate the seriousness of the offense;
(3) the nature and degree of the harm caused by the offense,
including whether it involved property, irreplaceable property, a
person, a number of persons, or a breach of public trust;
(4) the community view of the gravity of the offense;
(5) the public concern generated by the offense;
(6) the deterrent effect a particular sentence may have on the
commission of the offense by others; and
(7) the current incidence of the offense in the community and in the
Nation as a whole.
(d) The Commission in establishing categories of defendants for use
in the guidelines and policy statements governing the imposition of
sentences of probation, a fine, or imprisonment, governing the
imposition of other authorized sanctions, governing the size of a fine
or the length of a term of probation, imprisonment, or supervised
release, and governing the conditions of probation, supervised release,
or imprisonment, shall consider whether the following matters, among
others, with respect to a defendant, have any relevance to the nature,
extent, place of service, or other incidents /1/ of an appropriate
sentence, and shall take them into account only to the extent that they
do have relevance --
(1) age;
(2) education;
(3) vocational skills;
(4) mental and emotional condition to the extent that such condition
mitigates the defendant's culpability or to the extent that such
condition is otherwise plainly relevant;
(5) physical condition, including drug dependence;
(6) previous employment record;
(7) family ties and responsibilities;
(8) community ties;
(9) role in the offense;
(10) criminal history; and
(11) degree of dependence upon criminal activity for a livelihood.
The Commission shall assure that the guidelines and policy statements
are entirely neutral as to the race, sex, national origin, creed, and
socioeconomic status of offenders.
(e) The Commission shall assure that the guidelines and policy
statements, in recommending a term of imprisonment or length of a term
of imprisonment, reflect the general inappropriateness of considering
the education, vocational skills, employment record, family ties and
responsibilities, and community ties of the defendant.
(f) The Commission, in promulgating guidelines pursuant to subsection
(a)(1), shall promote the purposes set forth in section 991(b)(1), with
particular attention to the requirements of subsection 991(b)(1)(B) for
providing certainty and fairness in sentencing and reducing unwarranted
sentence disparities.
(g) The Commission, in promulgating guidelines pursuant to subsection
(a)(1) to meet the purposes of sentencing as set forth in section
3553(a)(2) of title 18, United States Code, shall take into account the
nature and capacity of the penal, correctional, and other facilities and
services available, and shall make recommendations concerning any change
or expansion in the nature or capacity of such facilities and services
that might become necessary as a result of the guidelines promulgated
pursuant to the provisions of this chapter. The sentencing guidelines
prescribed under this chapter shall be formulated to minimize the
likelihood that the Federal prison population will exceed the capacity
of the Federal prisons, as determined by the Commission.
(h) The Commission shall assure that the guidelines specify a
sentence to a term of imprisonment at or near the maximum term
authorized for categories of defendants in which the defendant is
eighteen years old or older and --
(1) has been convicted of a felony that is --
(A) a crime of violence; or
(B) an offense described in section 401 of the Controlled Substances
Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and
section 1 of the Act of September 15, 1980 (21 U.S.C. 955a); /2/ and
(2) has previously been convicted of two or more prior felonies, each
of which is --
(A) a crime of violence; or
(B) an offense described in section 401 of the Controlled Substances
Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and
section 1 of the Act of September 15, 1980 (21 U.S.C. 955a). /2/
(i) The Commission shall assure that the guidelines specify a
sentence to a substantial term of imprisonment for categories of
defendants in which the defendant --
(1) has a history of two or more prior Federal, State, or local
felony convictions for offenses committed on different occasions;
(2) committed the offense as part of a pattern of criminal conduct
from which he derived a substantial portion of his income;
(3) committed the offense in furtherance of a conspiracy with three
or more persons engaging in a pattern of racketeering activity in which
the defendant participated in a managerial or supervisory capacity;
(4) committed a crime of violence that constitutes a felony while on
release pending trial, sentence, or appeal from a Federal, State, or
local felony for which he was ultimately convicted; or
(5) committed a felony that is set forth in section 401 or 1010 of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 841 and 960), and that involved trafficking in a substantial
quantity of a controlled substance.
(j) The Commission shall insure that the guidelines reflect the
general appropriateness of imposing a sentence other than imprisonment
in cases in which the defendant is a first offender who has not been
convicted of a crime of violence or an otherwise serious offense, and
the general appropriateness of imposing a term of imprisonment on a
person convicted of a crime of violence that results in serious bodily
injury.
(k) The Commission shall insure that the guidelines reflect the
inappropriateness of imposing a sentence to a term of imprisonment for
the purpose of rehabilitating the defendant or providing the defendant
with needed educational or vocational training, medical care, or other
correctional treatment.
(l) The Commission shall insure that the guidelines promulgated
pursuant to subsection (a)(1) reflect --
(1) the appropriateness of imposing an incremental penalty for each
offense in a case in which a defendant is convicted of --
(A) multiple offenses committed in the same course of conduct that
result in the exercise of ancillary jurisdiction over one or more of the
offenses; and
(B) multiple offenses committed at different times, including those
cases in which the subsequent offense is a violation of section 3146
(penalty for failure to appear) or is committed while the person is
released pursuant to the provisions of section 3147 (penalty for an
offense committed while on release) of title 18; and
(2) the general inappropriateness of imposing consecutive terms of
imprisonment for an offense of conspiring to commit an offense or
soliciting commission of an offense and for an offense that was the sole
object of the conspiracy or solicitation.
(m) The Commission shall insure that the guidelines reflect the fact
that, in many cases, current sentences do not accurately reflect the
seriousness of the offense. This will require that, as a starting point
in its development of the initial sets of guidelines for particular
categories of cases, the Commission ascertain the average sentences
imposed in such categories of cases prior to the creation of the
Commission, and in cases involving sentences to terms of imprisonment,
the length of such terms actually served. The Commission shall not be
bound by such average sentences, and shall independently develop a
sentencing range that is consistent with the purposes of sentencing
described in section 3553(a)(2) of title 18, United States Code.
(n) The Commission shall assure that the guidelines reflect the
general appropriateness of imposing a lower sentence than would
otherwise be imposed, including a sentence that is lower than that
established by statute as a minimum sentence, to take into account a
defendant's substantial assistance in the investigation or prosecution
of another person who has committed an offense.
(o) The Commission periodically shall review and revise, in
consideration of comments and data coming to its attention, the
guidelines promulgated pursuant to the provisions of this section. In
fulfilling its duties and in exercising its powers, the Commission shall
consult with authorities on, and individual and institutional
representatives of, various aspects of the Federal criminal justice
system. The United States Probation System, the Bureau of Prisons, the
Judicial Conference of the United States, the Criminal Division of the
United States Department of Justice, and a representative of the Federal
Public Defenders shall submit to the Commission any observations,
comments, or questions pertinent to the work of the Commission whenever
they believe such communication would be useful, and shall, at least
annually, submit to the Commission a written report commenting on the
operation of the Commission's guidelines, suggesting changes in the
guidelines that appear to be warranted, and otherwise assessing the
Commission's work.
(p) The Commission, at or after the beginning of a regular session of
Congress, but not later than the first day of May, may promulgate under
subsection (a) of this section and submit to Congress amendments to the
guidelines and modifications to previously submitted amendments that
have not taken effect, including modifications to the effective dates of
such amendments. Such an amendment or modification shall be accompanied
by a statement of the reasons therefor and shall take effect on a date
specified by the Commission, which shall be no earlier than 180 days
after being so submitted and no later than the first day of November of
the calendar year in which the amendment or modification is submitted,
except to the extent that the effective date is revised or the amendment
is otherwise modified or disapproved by Act of Congress.
(q) The Commission and the Bureau of Prisons shall submit to Congress
an analysis and recommendations concerning maximum utilization of
resources to deal effectively with the Federal prison population. Such
report shall be based upon consideration of a variety of alternatives,
including --
(1) modernization of existing facilities;
(2) inmate classification and periodic review of such classification
for use in placing inmates in the least restrictive facility necessary
to ensure adequate security; and
(3) use of existing Federal facilities, such as those currently
within military jurisdiction.
(r) The Commission, not later than two years after the initial set of
sentencing guidelines promulgated under subsection (a) goes into effect,
and thereafter whenever it finds it advisable, shall recommend to the
Congress that it raise or lower the grades, or otherwise modify the
maximum penalties, of those offenses for which such an adjustment
appears appropriate.
(s) The Commission shall give due consideration to any petition filed
by a defendant requesting modification of the guidelines utilized in the
sentencing of such defendant, on the basis of changed circumstances
unrelated to the defendant, including changes in --
(1) the community view of the gravity of the offense;
(2) the public concern generated by the offense; and
(3) the deterrent effect particular sentences may have on the
commission of the offense by others.
(t) The Commission, in promulgating general policy statements
regarding the sentencing modification provisions in section
3582(c)(1)(A) of title 18, shall describe what should be considered
extraordinary and compelling reasons for sentence reduction, including
the criteria to be applied and a list of specific examples.
Rehabilitation of the defendant alone shall not be considered an
extraordinary and compelling reason.
(u) If the Commission reduces the term of imprisonment recommended in
the guidelines applicable to a particular offense or category of
offenses, it shall specify in what circumstances and by what amount the
sentences of prisoners serving terms of imprisonment for the offense may
be reduced.
(v) The Commission shall ensure that the general policy statements
promulgated pursuant to subsection (a)(2) include a policy limiting
consecutive terms of imprisonment for an offense involving a violation
of a general prohibition and for an offense involving a violation of a
specific prohibition encompassed within the general prohibition.
(w) The appropriate judge or officer shall submit to the Commission
in connection with each sentence imposed (other than a sentence imposed
for a petty offense, as defined in title 18, for which there is no
applicable sentencing guideline) a written report of the sentence, the
offense for which it is imposed, the age, race, and sex of the offender,
information regarding factors made relevant by the guidelines, and such
other information as the Commission finds appropriate. The Commission
shall submit to Congress at least annually an analysis of these reports
and any recommendations for legislation that the Commission concludes is
warranted by that analysis.
(x) The provisions of section 553 of title 5, relating to publication
in the Federal Register and public hearing procedure, shall apply to the
promulgation of guidelines pursuant to this section.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2019; amended Pub. L. 99-217, 3, Dec. 26, 1985, 99 Stat. 1728; Pub.
L. 99-363, 2, July 11, 1986, 100 Stat. 770; Pub. L. 99-570, title I,
1006(b), 1008, Oct. 27, 1986, 100 Stat. 3207-7; Pub. L. 99-646, 6(b),
56, Nov. 10, 1986, 100 Stat. 3592, 3611; Pub. L. 100-182, 16(b), 23,
Dec. 7, 1987, 101 Stat. 1269, 1271; Pub. L. 100-690, title VII, 7083,
7103(b), 7109, Nov. 18, 1988, 102 Stat. 4408, 4417, 4419.)
The Federal Rules of Criminal Procedure, referred to in subsec.
(a)(2)(E), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
Section 1 of the Act of September 15, 1980 (21 U.S.C. 955a), referred
to in subsec. (h)(1)(B), (2)(B), was classified to section 955a of
Title 21, Food and Drugs, prior to the general amendment of Act
September 15, 1980, by Pub. L. 99-570, title III, 3202, Oct. 27,
1986, 100 Stat. 3207-95, and Pub. L. 99-640, 17, Nov. 10, 1986, 100
Stat. 3552, which restated the provisions of former section 1 of Act
September 15, 1980, in the new section 3 of Act September 15, 1980,
which is classified to section 1903 of the Appendix to Title 46,
Shipping. For complete classification of this Act to the Code, see
section 1901 of the Appendix to Title 46 and Tables.
1988 -- Subsec. (a)(1)(E). Pub. L. 100-690, 7103(b), added subpar.
(E).
Subsec. (n). Pub. L. 100-690, 7083, substituted ''as a minimum
sentence'' for ''as minimum sentence''.
Subsec. (p). Pub. L. 100-690, 7109, amended subsec. (p) generally.
Prior to amendment, subsec. (p) read as follows: ''The Commission, at
or after the beginning of a regular session of Congress but not later
than the first day of May, shall report to the Congress any amendments
of the guidelines promulgated pursuant to subsection (a)(1), and a
report of the reasons therefor, and the amended guidelines shall take
effect one hundred and eighty days after the Commission reports them,
except to the extent the effective date is enlarged or the guidelines
are disapproved or modified by Act of Congress.''
1987 -- Subsec. (r). Pub. L. 100-182, 23(a), substituted ''two
years'' for ''one year''.
Subsec. (s). Pub. L. 100-182, 23(b), struck out at end: ''Within
one hundred and eighty days of the filing of such petition the
Commission shall provide written notice to the defendant whether or not
it has approved the petition. If the petition is disapproved the
written notice shall contain the reasons for such disapproval. The
Commission shall submit to the Congress at least annually an analysis of
such written notices.''
Subsec. (w). Pub. L. 100-182, 16(b), inserted ''(other than a
sentence imposed for a petty offense, as defined in title 18, for which
there is no applicable sentencing guideline)'' after ''each sentence
imposed''.
1986 -- Subsec. (a)(2)(C). Pub. L. 99-363, 2(1)(B), amended subpar.
(C) generally, inserting ''3564,'' after ''3563(c),''.
Subsec. (a)(2)(D) to (F). Pub. L. 99-363, 2(1)(A), (C), added
subpar. (D) and redesignated former subpars. (D) and (E) as (E) and
(F), respectively.
Subsec. (a)(3). Pub. L. 99-570, 1006(b), inserted ''and revocation
of supervised release'' after ''supervised release''.
Pub. L. 99-363, 2(2), amended par. (3) generally. Prior to
amendment, par. (3) read as follows: ''guidelines or general policy
statements regarding the appropriate use of the probation revocation
provisions set forth in section 3565 of title 18, and the provisions for
modification of the term or conditions of probation or supervised
release set forth in sections 3563(c), 3564(d), and 3583(e) of title
18.''
Subsec. (b). Pub. L. 99-363, 2(3), designated existing provisions as
pars. (1) and (2), and in par. (2) substituted ''the greater of 25
percent or 6 months, except that, if the maximum term of the range is 30
years or more, the maximum may be life imprisonment'' for ''25 per
centum''.
Subsec. (b)(2). Pub. L. 99-646, 56, substituted ''that, if the
minimum'' for ''that, if the maximum''.
Subsec. (h). Pub. L. 99-646, 6(b)(1), (2), substituted ''guidelines
specify'' for ''guidelines will specify'' and struck out ''by section
3581(b) of title 18, United States Code,'' after ''term authorized'' in
introductory text.
Subsec. (i). Pub. L. 99-646, 6(b)(2), substituted ''guidelines
specify'' for ''guidelines will specify''.
Subsecs. (n) to (t). Pub. L. 99-570, 1008(1), (2), added subsec.
(n) and redesignated former subsecs. (n) to (t) as (o) to (u),
respectively.
Subsec. (u). Pub. L. 99-646, 6(b)(3), which directed that subsec.
(t) be amended by inserting ''in what circumstances and'' after
''specify'' and striking out ''that are outside the applicable guideline
ranges'' after ''terms of imprisonment'', was executed to subsec. (u)
to reflect the probable intent of Congress and the intervening
redesignation of subsec. (t) as (u) by Pub. L. 99-570.
Pub. L. 99-570, 1008(2), redesignated subsec. (t) as (u).
Subsecs. (v) to (x). Pub. L. 99-570, 1008(2), redesignated former
subsecs. (u) to (w) as (v) to (x), respectively.
1985 -- Subsec. (q). Pub. L. 99-217 substituted ''not later than one
year after the initial set of sentencing guidelines promulgated under
subsection (a) goes into effect'' for ''within three years of the date
of enactment of the Sentencing Reform Act of 1983''.
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of Title 18, Crimes and Criminal
Procedure.
Sentencing Guidelines
Pub. L. 102-141, title VI, 632, Oct. 28, 1991, 105 Stat. 876,
provided that:
''(1) Pursuant to its authority under section 994 of title 28, United
States Code, the Sentencing Commission shall promulgate guidelines, or
amend existing or proposed guidelines as follows:
''(A) Guideline 2G2.2 to provide a base offense level of not less
than 15 and to provide at least a 5 level increase for offenders who
have engaged in a pattern of activity involving the sexual abuse or
exploitation of a minor.
''(B) Guideline 2G2.4 to provide that such guideline shall apply only
to offense conduct that involves the simple possession of materials
proscribed by chapter 110 of title 18, United States Code and guideline
2G2.2 to provide that such guideline shall apply to offense conduct that
involves receipt or trafficking (including, but not limited to
transportation, distribution, or shipping).
''(C) Guideline 2G2.4 to provide a base offense level of not less
than 13, and to provide at least a 2 level increase for possessing 10 or
more books, magazines, periodicals, films, video tapes or other items
containing a visual depiction involving the sexual exploitation of a
minor.
''(D) Section 2G3.1 to provide a base offense level of not less than
10.
''(2)(A) Notwithstanding any other provision of law, the Sentencing
Commission shall promulgate the amendments mandated in subsection (1) by
November 1, 1991, or within 30 days after enactment (Oct. 28, 1991),
whichever is later. The amendments to the guidelines promulgated under
subsection (1) shall take effect November 1, 1991, or 30 days after
enactment, and shall supersede any amendment to the contrary contained
in the amendments to the sentencing guidelines submitted to the Congress
by the Sentencing Commission on or about May 1, 1991.
''(B) The provisions of section 944(x) (994(x)) of title 28, United
States Code, shall not apply to the promulgation or amendment of
guidelines under this section.''
Pub. L. 101-647, title XXV, 2507, Nov. 29, 1990, 104 Stat. 4862,
provided that:
''(a) Increased Penalties. -- Pursuant to section 994 of title 28,
United States Code, and section 21 of the Sentencing Act of 1987 (Pub.
L. 100-182, set out below), the United States Sentencing Commission
shall promulgate guidelines, or amend existing guidelines, to provide
that a defendant convicted of violating, or conspiring to violate,
section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title
18, United States Code, or section 1341 or 1343 affecting a financial
institution (as defined in section 20 of title 18, United States Code),
shall be assigned not less than offense level 24 under chapter 2 of the
sentencing guidelines if the defendant derives more than $1,000,000 in
gross receipts from the offense.
''(b) Amendments to Sentencing Guidelines. -- If the sentencing
guidelines are amended after the effective date of this section (Nov.
29, 1990), the Sentencing Commission shall implement the instruction set
forth in subsection (a) so as to achieve a comparable result.''
Pub. L. 101-647, title XXVII, 2701, Nov. 29, 1990, 104 Stat. 4912,
provided that: ''The United States Sentencing Commission is instructed
to amend the existing guidelines for offenses involving smokable crystal
methamphetamine under section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) so that convictions for offenses involving smokable
crystal methamphetamine will be assigned an offense level under the
guidelines which is two levels above that which would have been assigned
to the same offense involving other forms of methamphetamine.''
Pub. L. 101-73, title IX, 961(m), Aug. 9, 1989, 103 Stat. 501,
provided that: ''Pursuant to section 994 of title 28, United States
Code, and section 21 of the Sentencing Act of 1987 (Pub. L. 100-182, set
out below), the United States Sentencing Commission shall promulgate
guidelines, or amend existing guidelines, to provide for a substantial
period of incarceration for a violation of, or a conspiracy to violate,
section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of
title 18, United States Code, that substantially jeopardizes the safety
and soundness of a federally insured financial institution.''
Section 6453 of Pub. L. 100-690 provided that:
''(a) In General. -- Pursuant to its authority under section 994(p)
of title 28, United States Code, and section 21 of the Sentencing Act of
1987 (Pub. L. 100-182, set out below), the United States Sentencing
Commission shall promulgate guidelines, or shall amend existing
guidelines, to provide that a defendant convicted of violating section
1010(a) of the Controlled Substances Import and Export Act (21 U.S.C.
960(a)) under circumstances in which --
''(1) an aircraft other than a regularly scheduled commercial air
carrier was used to import the controlled substance; or
''(2) the defendant acted as a pilot, copilot, captain, navigator,
flight officer, or any other operation officer aboard any craft or
vessel carrying a controlled substance,
shall be assigned an offense level under chapter 2 of the sentencing
guidelines that is --
''(A) two levels greater than the level that would have been assigned
had the offense not been committed under circumstances set forth in (A)
or (B) ((1) or (2)) above; and
''(B) in no event less than level 26.
''(b) Effect of Amendment. -- If the sentencing guidelines are
amended after the effective date of this section (Nov. 18, 1988), the
Sentencing Commission shall implement the instruction set forth in
subsection (a) so as to achieve a comparable result.''
Pub. L. 101-647, title III, 321, Nov. 29, 1990, 104 Stat. 4817,
provided that: ''The United States Sentencing Commission shall amend
existing guidelines for sentences involving sexual crimes against
children, including offenses contained in chapter 109A of title 18, so
that more substantial penalties may be imposed if the Commission
determines current penalties are inadequate.''
Section 6454 of Pub. L. 100-690 provided that:
''(a) In General. -- Pursuant to its authority under section 994(p)
of title 28, United States Code, and section 21 of the Sentencing Act of
1987 (Pub. L. 100-182, set out below), the United States Sentencing
Commission shall promulgate guidelines, or shall amend existing
guidelines, to provide that a defendant convicted of violating sections
405, 405A, or 405B of the Controlled Substances Act (21 U.S.C. 845, 845a
or 845b) involving a person under 18 years of age shall be assigned an
offense level under chapter 2 of the sentencing guidelines that is --
''(1) two levels greater than the level that would have been assigned
for the underlying controlled substance offense; and
''(2) in no event less than level 26.
''(b) Effects of Amendment. -- If the sentencing guidelines are
amended after the effective date of this section (Nov. 18, 1988), the
Sentencing Commission shall implement the instruction set forth in
subsection (a) so as to achieve a comparable result.
''(c) Multiple Enhancements. -- The guidelines referred to in
subsection (a), as promulgated or amended under such subsection, shall
provide that an offense that could be subject to multiple enhancements
pursuant to such subsection is subject to not more than one such
enhancement.''
Guidelines
Section 6468(c), (d) of Pub. L. 100-690 provided that:
''(c) Pursuant to its authority under section 994(p) of title 28,
United States Code, and section 21 of the Sentencing Act of 1987 (Pub.
L. 100-182, set out below), the United States Sentencing Commission
shall promulgate guidelines, or shall amend existing guidelines, to
provide that a defendant convicted of violating section 1791(a)(1) of
title 18, United States Code, and punishable under section 1791(b)(1) of
that title as so redesignated, shall be assigned an offense level under
chapter 2 of the sentencing guidelines that is --
''(1) two levels greater than the level that would have been assigned
had the offense not been committed in prison; and
''(2) in no event less than level 26.
''(d) If the sentencing guidelines are amended after the effective
date of this section (Nov. 18, 1988), the Sentencing Commission shall
implement the instruction set forth in subsection (c) so as to achieve a
comparable result.''
Section 6482(c) of Pub. L. 100-690 provided that:
''(1) Pursuant to its authority under section 994(p) of title 28,
United States Code, and section 21 of the Sentencing Act of 1987 (Pub.
L. 100-182, set out below), the United States Sentencing Commission
shall promulgate guidelines, or shall amend existing guidelines, to
provide that --
''(A) a defendant convicted of violating section 342 of title 18,
United States Code, under circumstances in which death results, shall be
assigned an offense level under chapter 2 of the sentencing guidelines
that is not less than level 26; and
''(B) a defendant convicted of violating section 342 of title 18,
United States Code, under circumstances in which serious bodily injury
results, shall be assigned an offense level under chapter 2 of the
sentencing guidelines that is not less than level 21.
''(2) If the sentencing guidelines are amended after the effective
date of this section (Nov. 18, 1988), the Sentencing Commission shall
implement the instruction set forth in paragraph (1) so as to achieve a
comparable result.''
Section 21 of Pub. L. 100-182 provided that:
''(a) In General. -- In the case of --
''(1) an invalidated sentencing guideline;
''(2) the creation of a new offense or amendment of an existing
offense; or
''(3) any other reason relating to the application of a previously
established sentencing guideline, and determined by the United States
Sentencing Commission to be urgent and compelling;
the Commission, by affirmative vote of at least four members of the
Commission, and pursuant to its rules and regulations and consistent
with all pertinent provisions of title 28 and title 18, United States
Code, shall promulgate and distribute to all courts of the United States
and to the United States Probation System a temporary guideline or
amendment to an existing guideline, to remain in effect until and during
the pendency of the next report to Congress under section 994(p) of
title 28, United States Code.
''(b) Expiration of Authority. -- The authority of the Commission
under paragraphs (1) and (2) of subsection (a) shall expire on November
1, 1989. The authority of the Commission to promulgate and distribute
guidelines under paragraph (3) of subsection (a) shall expire on May 1,
1988.''
Provisions directing that the United States Sentencing Commission
submit to Congress within 30 months of Oct. 12, 1984, the initial
sentencing guidelines promulgated pursuant to subsec. (a)(1) of this
section, see section 235(a)(1)(B)(i) of Pub. L. 98-473, as amended, set
out as an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
Sentencing guidelines promulgated pursuant to this section effective
when U.S. Sentencing Commission has submitted the initial set of
sentencing guidelines to Congress, the General Accounting Office has
studied and reported to Congress on the guidelines, Congress has
examined the guidelines, and section 212(a)(2) of Pub. L. 98-473 takes
effect (Nov. 1, 1987), see section 235(a)(1)(B)(ii) of Pub. L. 98-473,
as amended, set out as an Effective Date note under section 3551 of
Title 18, Crimes and Criminal Procedure.
Section 236 of Pub. L. 98-473 provided that:
''(a)(1) Four years after the sentencing guidelines promulgated
pursuant to section 994(a)(1), and the provisions of sections 3581,
3583, and 3624 of title 18, United States Code, go into effect, the
General Accounting Office shall undertake a study of the guidelines in
order to determine their impact and compare the guidelines system with
the operation of the previous sentencing and parole release system, and,
within six months of the undertaking of such study, report to the
Congress the results of its study.
''(2) Within one month of the start of the study required under
subsection (a), the United States Sentencing Commission shall submit a
report to the General Accounting Office, all appropriate courts, the
Department of Justice, and the Congress detailing the operation of the
sentencing guideline system and discussing any problems with the system
or reforms needed. The report shall include an evaluation of the impact
of the sentencing guidelines on prosecutorial discretion, plea
bargaining, disparities in sentencing, and the use of incarceration, and
shall be issued by affirmative vote of a majority of the voting members
of the Commission.
''(b) The Congress shall review the study submitted pursuant to
subsection (a) in order to determine --
''(1) whether the sentencing guideline system has been effective;
''(2) whether any changes should be made in the sentencing guideline
system; and
''(3) whether the parole system should be reinstated in some form and
the life of the Parole Commission extended.''
3583, 3621, 3622, 5037; title 29 sections 504, 1111.
/1/ So in original. Probably should be ''incidence''.
/2/ See References in Text note below.
28 USC 995. Powers of the Commission
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Commission, by vote of a majority of the members present and
voting, shall have the power to --
(1) establish general policies and promulgate such rules and
regulations for the Commission as are necessary to carry out the
purposes of this chapter;
(2) appoint and fix the salary and duties of the Staff Director of
the Sentencing Commission, who shall serve at the discretion of the
Commission and who shall be compensated at a rate not to exceed the
highest rate now or hereafter prescribed for Level 6 of the Senior
Executive Service Schedule (5 U.S.C. 5382);
(3) deny, revise, or ratify any request for regular, supplemental, or
deficiency appropriations prior to any submission of such request to the
Office of Management and Budget by the Chairman;
(4) procure for the Commission temporary and intermittent services to
the same extent as is authorized by section 3109(b) of title 5, United
States Code;
(5) utilize, with their consent, the services, equipment, personnel,
information, and facilities of other Federal, State, local, and private
agencies and instrumentalities with or without reimbursement therefor;
(6) without regard to 31 U.S.C. 3324, enter into and perform such
contracts, leases, cooperative agreements, and other transactions as may
be necessary in the conduct of the functions of the Commission, with any
public agency, or with any person, firm, association, corporation,
educational institution, or non-profit organization;
(7) accept and employ, in carrying out the provisions of this title,
voluntary and uncompensated services, notwithstanding the provisions of
31 U.S.C. 1342, however, individuals providing such services shall not
be considered Federal employees except for purposes of chapter 81 of
title 5, United States Code, with respect to job-incurred disability and
title 28, United States Code, with respect to tort claims;
(8) request such information, data, and reports from any Federal
agency or judicial officer as the Commission may from time to time
require and as may be produced consistent with other law;
(9) monitor the performance of probation officers with regard to
sentencing recommendations, including application of the Sentencing
Commission guidelines and policy statements;
(10) issue instructions to probation officers concerning the
application of Commission guidelines and policy statements;
(11) arrange with the head of any other Federal agency for the
performance by such agency of any function of the Commission, with or
without reimbursement;
(12) establish a research and development program within the
Commission for the purpose of --
(A) serving as a clearinghouse and information center for the
collection, preparation, and dissemination of information on Federal
sentencing practices; and
(B) assisting and serving in a consulting capacity to Federal courts,
departments, and agencies in the development, maintenance, and
coordination of sound sentencing practices;
(13) collect systematically the data obtained from studies, research,
and the empirical experience of public and private agencies concerning
the sentencing process;
(14) publish data concerning the sentencing process;
(15) collect systematically and disseminate information concerning
sentences actually imposed, and the relationship of such sentences to
the factors set forth in section 3553(a) of title 18, United States
Code;
(16) collect systematically and disseminate information regarding
effectiveness of sentences imposed;
(17) devise and conduct, in various geographical locations, seminars
and workshops providing continuing studies for persons engaged in the
sentencing field;
(18) devise and conduct periodic training programs of instruction in
sentencing techniques for judicial and probation personnel and other
persons connected with the sentencing process;
(19) study the feasibility of developing guidelines for the
disposition of juvenile delinquents;
(20) make recommendations to Congress concerning modification or
enactment of statutes relating to sentencing, penal, and correctional
matters that the Commission finds to be necessary and advisable to carry
out an effective, humane and rational sentencing policy;
(21) hold hearings and call witnesses that might assist the
Commission in the exercise of its powers or duties;
(22) perform such other functions as are required to permit Federal
courts to meet their responsibilities under section 3553(a) of title 18,
United States Code, and to permit others involved in the Federal
criminal justice system to meet their related responsibilities;
(23) retain private attorneys to provide legal advice to the
Commission in the conduct of its work, or to appear for or represent the
Commission in any case in which the Commission is authorized by law to
represent itself, or in which the Commission is representing itself with
the consent of the Department of Justice; and the Commission may in its
discretion pay reasonable attorney's fees to private attorneys employed
by it out of its appropriated funds. When serving as officers or
employees of the United States, such private attorneys shall be
considered special government employees as defined in section 202(a) of
title 18; and
(24) grant incentive awards to its employees pursuant to chapter 45
of title 5, United States Code.
(b) The Commission shall have such other powers and duties and shall
perform such other functions as may be necessary to carry out the
purposes of this chapter, and may delegate to any member or designated
person such powers as may be appropriate other than the power to
establish general policy statements and guidelines pursuant to section
994(a)(1) and (2), the issuance of general policies and promulgation of
rules and regulations pursuant to subsection (a)(1) of this section, and
the decisions as to the factors to be considered in establishment of
categories of offenses and offenders pursuant to section 994(b). The
Commission shall, with respect to its activities under subsections
(a)(9), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16),
(a)(17), and (a)(18), to the extent practicable, utilize existing
resources of the Administrative Office of the United States Courts and
the Federal Judicial Center for the purpose of avoiding unnecessary
duplication.
(c) Upon the request of the Commission, each Federal agency is
authorized and directed to make its services, equipment, personnel,
facilities, and information available to the greatest practicable extent
to the Commission in the execution of its functions.
(d) A simple majority of the membership then serving shall constitute
a quorum for the conduct of business. Other than for the promulgation
of guidelines and policy statements pursuant to section 994, the
Commission may exercise its powers and fulfill its duties by the vote of
a simple majority of the members present.
(e) Except as otherwise provided by law, the Commission shall
maintain and make available for public inspection a record of the final
vote of each member on any action taken by it.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2024; amended Pub. L. 100-690, title VII, 7104, 7105, 7106(b), Nov.
18, 1988, 102 Stat. 4418; Pub. L. 101-650, title III, 325(b)(5), Dec.
1, 1990, 104 Stat. 5121.)
The provisions of title 28, United States Code, with respect to tort
claims, referred to in subsec. (a)(7), are classified generally to
section 1346(b) and chapter 171 ( 2671 et seq.) of this title.
1990 -- Subsec. (a)(22). Pub. L. 101-650 struck out ''and'' after
semicolon at end.
1988 -- Subsec. (a)(2). Pub. L. 100-690, 7105, substituted ''Level
6 of the Senior Executive Service Schedule (5 U.S.C. 5382)'' for ''grade
18 of the General Schedule pay rates (5 U.S.C. 5332)''.
Subsec. (a)(23). Pub. L. 100-690, 7104, added par. (23).
Subsec. (a)(24). Pub. L. 100-690, 7106(b), added par. (24).
28 USC 996. Director and staff
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Staff Director shall supervise the activities of persons
employed by the Commission and perform other duties assigned to him by
the Commission.
(b) The Staff Director shall, subject to the approval of the
Commission, appoint such officers and employees as are necessary in the
execution of the functions of the Commission. The officers and
employees of the Commission shall be exempt from the provisions of part
III of title 5, United States Code, except the following chapters: 45
(Incentive Awards), 81 (Compensation for Work Injuries), 83
(Retirement), 85 (Unemployment Compensation), 87 (Life Insurance), and
89 (Health Insurance).
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2026; amended Pub. L. 100-690, title VII, 7106(c), Nov. 18, 1988, 102
Stat. 4418; Pub. L. 101-650, title III, 325(b)(6), Dec. 1, 1990, 104
Stat. 5121.)
1990 -- Subsec. (b). Pub. L. 101-650 substituted ''and 89 (Health
Insurance)'' for ''89 (Health Insurance), and 91 (Conflicts of
Interest)''.
1988 -- Subsec. (b). Pub. L. 100-690 inserted reference to chapter
45 (Incentive Awards).
28 USC 997. Annual report
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Commission shall report annually to the Judicial Conference of
the United States, the Congress, and the President of the United States
on the activities of the Commission.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2026.)
28 USC 998. Definitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in this chapter --
(a) ''Commission'' means the United States Sentencing Commission;
(b) ''Commissioner'' means a member of the United States Sentencing
Commission;
(c) ''guidelines'' means the guidelines promulgated by the Commission
pursuant to section 994(a) of this title; and
(d) ''rules and regulations'' means rules and regulations promulgated
by the Commission pursuant to section 995 of this title.
(Added Pub. L. 98-473, title II, 217(a), Oct. 12, 1984, 98 Stat.
2026.)
28 USC PART IV -- JURISDICTION AND VENUE
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Chap. Sec.
81. Supreme Court 1251
83. Courts of Appeals 1291
85. District Courts; Jurisdiction 1331
87. District Courts; Venue 1391
89. District Courts; Removal of Cases from State Courts 1441
91. United States Court of Federal Claims 1491
(93. lRepealed)
95. Court of International Trade 1581
97. Jurisdictional Immunities of Foreign States 1602
99. General Provisions 1631
1992 -- Pub. L. 102-572, title IX, 902(b)(1), Oct. 29, 1992, 106
Stat. 4516, substituted ''United States Court of Federal Claims'' for
''United States Claims Court'' as item for chapter 91.
1982 -- Pub. L. 97-164, title I, 133(j)(1), 134, title III,
301(b), Apr. 2, 1982, 96 Stat. 41, 55, substituted ''United States
Claims Court'' for ''Court of Claims'' in item for chapter 91, struck
out item for chapter 93 ''Court of Customs and Patent Appeals'', and
added item for chapter 99.
1980 -- Pub. L. 96-417, title V, 501(20), Oct. 10, 1980, 94 Stat.
1742, substituted ''Court of International Trade'' for ''Customs Court''
in item for chapter 95.
1978 -- Pub. L. 95-598, title II, 241(b), Nov. 6, 1978, 92 Stat.
2671, directed the addition of item for chapter 90, ''District Courts
and Bankruptcy Courts'', 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.
1976 -- Pub. L. 94-583, 4(b), Oct. 21, 1976, 90 Stat. 2897, added
item for chapter 97.
District of Columbia courts, jurisdiction, see Title 11 of District
of Columbia Code.
Judicial power of the United States, see Const. Art. 3, 1, 2, and
U.S. Const. Amend. 11.
Tax Court jurisdiction, see section 7441 et seq. of Title 26,
Internal Revenue Code.
28 USC CHAPTER 81 -- SUPREME COURT
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
1251. Original jurisdiction.
(1252. Repealed.)
1253. Direct appeals from decisions of three-judge courts.
1254. Courts of appeals; certiorari; certified questions.
(1255, 1256. Repealed.)
1257. State courts; certiorari.
1258. Supreme Court of Puerto Rico; certiorari.
1259. Court of Military Appeals; certiorari.
1988 -- Pub. L. 100-352, 1, 2(c), 5(a), June 27, 1988, 102 Stat.
662, 663, struck out item 1252 ''Direct appeals from decisions
invalidating Acts of Congress'', struck out ''appeal;'' after
''certiorari;'' in item 1254, and struck out ''appeal;'' after ''State
courts;'' in item 1257 and after ''of Puerto Rico;'' in item 1258.
1983 -- Pub. L. 98-209, 10(a)(2), Dec. 6, 1983, 97 Stat. 1406,
added item 1259.
1982 -- Pub. L. 97-164, title I, 123, Apr. 2, 1982, 96 Stat. 36,
struck out item 1255 ''Court of Claims; certiorari; certified
questions'' and item 1256 ''Court of Customs and Patent Appeals;
certiorari''.
1961 -- Pub. L. 87-189, 2, Aug. 30, 1961, 75 Stat. 417, added
item 1258.
Section 32 of act June 25, 1948, as amended by act May 24, 1949, ch.
139, 127, 63 Stat. 107, provided:
''(a) All laws of the United States in force on September 1, 1948, in
which reference is made to a 'circuit court of appeals'; 'senior
circuit judge'; 'senior district judge'; 'presiding judge'; 'chief
justice', except when reference to the Chief Justice of the United
States is intended; or 'justice', except when used with respect to a
justice of the Supreme Court of the United States in his capacity as
such or as a circuit justice, are hereby amended by substituting 'court
of appeals' for 'circuit court of appeals'; 'chief judge of the
circuit' for 'senior circuit judge'; 'chief judge of the district
court' for 'senior district judge'; 'chief judge' for 'presiding
judge'; 'chief judge' for 'chief justice', except when reference to the
Chief Justice of the United States is intended; and 'judge' for
'justice', except when the latter term is used with respect to a justice
of the Supreme Court of the United States in his capacity as such or as
a circuit justice.
''(b) All laws of the United States in force on September 1, 1948, in
which reference is made to the Supreme Court of the District of Columbia
or to the District Court of the United States for the District of
Columbia are amended by substituting 'United States District Court for
the District of Columbia' for such designations.
''(c) All laws of the United States in force on September 1, 1948, in
which reference is made to the 'Conference of Senior Circuit Judges', or
to the 'Judicial Conference of Senior Circuit Judges' are amended by
substituting 'Judicial Conference of the United States' for such
designations.
''(d) This section shall not be construed to amend historical
references to courts or judicial offices which have no present or future
application to such courts or offices.''
Procedure generally, on appeal to or in Supreme Court, see Appendix
to this title.
Bail upon review, see rule 46, Title 18, Appendix, Crimes and
Criminal Procedure.
Stay of execution, and relief pending review, see rule 38.
Procedure and particular proceedings, generally, see sections 1651 et
seq. and 2201 et seq. of this title.
28 USC 1251. Original jurisdiction
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Supreme Court shall have original and exclusive jurisdiction
of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive
jurisdiction of:
(1) All actions or proceedings to which ambassadors, other public
ministers, consuls, or vice consuls of foreign states are parties;
(2) All controversies between the United States and a State;
(3) All actions or proceedings by a State against the citizens of
another State or against aliens.
(June 25, 1948, ch. 646, 62 Stat. 927; Sept. 30, 1978, Pub. L.
95-393, 8(b), 92 Stat. 810.)
Based on title 28, U.S.C., 1940 ed., 341, 371(7), (8) (Mar. 3,
1911, ch. 231, 233, 256, 36 Stat. 1156, 1160; Oct. 6, 1917, ch. 97,
2, 40 Stat. 395; June 10, 1922, ch. 216, 2, 42 Stat. 635).
This section reconciles provisions of sections 341 and 371(7), (8) of
title 28, U.S.C., 1940 ed., with Article 3, section 2 and Amendment 11
of the Constitution.
Sections 341 and 371 of title 28, U.S.C., 1940 ed., were not wholly
consistent with such constitutional provisions. Said section 341
provided that the Supreme Court should have original jurisdiction of
controversies between a State and citizens of other States or aliens,
whereas the 11th Amendment prohibits an action in any Federal Court
against a State by citizens of another State or aliens.
The original jurisdiction conferred on the Supreme Court by Article
3, section 2, of the Constitution is not exclusive by virtue of that
provision alone. Congress may provide for or deny exclusiveness. Ames
v. Kansas, 1884, 4 S.Ct. 437, 111 U.S. 449, 28 L.Ed. 442; U.S. v.
4,450.72 Acres of Land, Clearwater County, State of Minnesota, D.C.
Minn., 1939, 27 F.Supp. 167, affirmed 125 F.2d 636.
Sections 341 and 371 of title 28, U.S.C., 1940 ed., did not confer
expressly exclusive jurisdiction on the Supreme Court in civil cases
between States, Louisiana v. Texas, 1899, 20 S.Ct. 251, 176 U.S. 1, 44
L.Ed. 347, as has been provided in subsection (a)(1) of the revised
section. The language at the beginning of said section 341, for which
said subsection has been substituted, was ambiguous and made it appear
that an action by a State against the United States would be within the
exclusive jurisdiction of the Supreme Court. However, in U.S. v.
Louisiana, 1887, 8 S.Ct. 17, 123 U.S. 32, 31 L.Ed. 69, the Supreme
Court, in a case appealed from the Court of Claims, held to the
contrary.
So, also, in actions by the United States to condemn lands of a State
or to enforce penalties for violation of a Federal statute against a
State-owned utility, the United States district courts have
jurisdiction. See United States v. State of Utah, 1931, 51 S.Ct. 438,
283 U.S. 64, 75 L.Ed. 844; United States v. 4,450.72 Acres of Land,
Clearwater County, State of Minnesota, D.C.Minn. 1939, 27 F.Supp. 167,
affirmed 125 F.2d 636; United States v. State of California, 1936, 56
S.Ct. 421, 297 U.S. 175, 80 L.Ed. 567.
The intent of section 371(7), (8) of title 28, U.S.C., 1940 ed., that
the jurisdiction of the courts of the United States should be exclusive
of the courts of the States in controversies to which a State is a
party, and suits against ambassadors, public ministers, consuls and vice
consuls, is preserved and clarified by this section and section 1351 of
this title.
The revised section preserves existing law with reference to foreign
ambassadors, other public ministers and consuls. Under subsection
(a)(2) the Supreme Court has exclusive jurisdiction of actions or
proceedings against the ambassadors or public ministers of other
nations.
Under subsection (b)(1) the Supreme Court has original but not
exclusive jurisdiction of actions or proceedings brought by such
ambassadors or other public ministers or to which consuls or vice
consuls of other nations are parties.
Section 1351 of this title gives to United States district courts,
exclusive of the courts of the States, jurisdiction of civil actions
against such consuls and vice consuls.
This section and said section 1351 of this title have no application
to ambassadors, public ministers, consuls or vice consuls representing
the United States. See Milward v. McSaul, D.C.S.D.N.Y. 1846, 17
Fed.Cas.No. 9,623 and State of Ohio ex rel. Popovici v. Alger, 1930,
50 S.Ct. 154, 280 U.S. 379, 74 L.Ed. 489.
Changes were made in phraseology.
1978 -- Subsec. (a). Pub. L. 95-393, 8(b)(1), designated
introductory provision of subsec. (a) and (a)(1) as (a), and struck out
''(2) All actions or proceedings against ambassadors or other public
ministers of foreign states or their domestics or domestic servants, not
inconsistent with the law of nations''.
Subsec. (b)(1). Pub. L. 95-393, 8(b)(2), substituted ''to which
ambassadors, other public ministers, consuls, or'' for ''brought by
ambassadors or other public ministers of foreign states or to which
consuls or''.
Amendment by Pub. L. 95-393 effective at the end of the ninety-day
period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393,
set out as an Effective Date note under section 254a of Title 22,
Foreign Relations and Intercourse.
Act Jan. 31, 1928, ch. 14, 2, 45 Stat. 54, amended Apr. 26,
1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, 23, 62 Stat.
990, provided that ''All Acts of Congress referring to writs of error
shall be construed as amended to the extent necessary to substitute
appeal for writ of error.'' See also, notes preceding section 1 of this
title.
Procedure in original actions, see rule 17, Appendix to this title.
Controversies involving pollution of waters, jurisdiction of actions
by States, see section 466g-1 of Title 33, Navigation and Navigable
Waters.
Jury trial in original actions at law in Supreme Court against
citizens of the United States, see section 1872 of this title.
Original jurisdiction --
District Court of all suits against consuls and vice-consuls, see
section 1351 of this title.
Supreme Court, see, also, Const. Art. 3, 2, Cl. 2.
Writs, see section 1651 of this title.
28 USC ( 1252. Repealed. Pub. L. 100-352, 1, June 27, 1988, 102 Stat.
662)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, acts June 25, 1948, ch. 646, 62 Stat. 928; Oct. 31, 1951,
ch. 655, 47, 65 Stat. 726; July 7, 1958, Pub. L. 85-508, 12(e),
(f), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86-3, 14(a), 73 Stat. 10,
provided for direct appeals to Supreme Court from decisions invalidating
Acts of Congress.
Repeal effective ninety days after June 27, 1988, except that such
repeal not to apply to cases pending in Supreme Court on such effective
date or affect right to review or manner of reviewing judgment or decree
of court which was entered into before such effective date, see section
7 of Pub. L. 100-352, set out as a note under section 1254 of this
title.
28 USC 1253. Direct appeals from decisions of three-judge courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise provided by law, any party may appeal to the
Supreme Court from an order granting or denying, after notice and
hearing, an interlocutory or permanent injunction in any civil action,
suit or proceeding required by any Act of Congress to be heard and
determined by a district court of three judges.
(June 25, 1948, ch. 646, 62 Stat. 928.)
Based on title 28, U.S.C., 1940 ed., 47, 47a, 380 and 380a (Mar.
3, 1911, ch. 231, 210, 266, 36 Stat. 1150, 1162; Mar. 4, 1913, ch.
160, 37 Stat. 1013; Oct. 22, 1913, ch. 32, 38, Stat. 220; Feb. 13,
1925, ch. 229, 1, 43 Stat. 938; Aug. 24, 1937, ch. 754, 3, 50 Stat.
752).
This section consolidates the provisions of sections 47, 47a, 380,
and 380a of title 28, U.S.C., 1940 ed., relating to direct appeals from
decisions of three-judge courts involving orders of the Interstate
Commerce Commission or holding State or Federal laws repugnant to the
Constitution of the United States.
For distribution of other provisions of the sections on which this
revised section is based, see Distribution Table.
The language in section 380 of title 28, U.S.C., 1940 ed., referring
to restraining the enforcement or execution of an order made by an
administrative board or a State officer was omitted as covered by this
revised section and section 2281 of this title.
Words in section 380a of title 28, U.S.C., 1940 ed., ''This section
shall not be construed to be in derogation of any right of direct appeal
to the Supreme Court of the United States under existing provisions of
law,'' were omitted as unnecessary.
Section 217 of title 7, U.S.C., 1940 ed., Agriculture, provides for a
three-judge court in proceedings to suspend or restrain the enforcement
of orders of the Secretary of Agriculture under the Packers and
Stockyards Act of 1921.
The final proviso of section 502 of title 33, U.S.C., 1940 ed.,
Navigation and Navigable Waters, for direct appeal in certain criminal
cases for failure to alter bridges obstructing navigation, is
recommended for express repeal in view of its implied repeal by section
345 of title 28, U.S.C., 1940 ed. (See U.S. v. Belt, 1943, 63 S.Ct.
1278, 319 U.S. 521, 87 L.Ed. 1559. See reviser's note under section 1252
of this title.)
Section 28 of title 15, U.S.C., 1940 ed., Commerce and Trade, and
section 44 of title 49, U.S.C., 1940 ed., Transportation, are identical
and provide for convening of a three-judge court to hear and determine
civil cases arising under the Sherman anti-trust law and the Interstate
Commerce Act, respectively, wherein the United States is plaintiff and
when the Attorney General deems such cases of general public importance.
Section 401(d) of title 47, U.S.C., 1940 ed., Telegraphs, Telephones,
and Radiotelegraphs, made the provisions of sections 28 and 29 of title
15, U.S.C., 1940 ed., Commerce and Trade, sections 44 and 45 of title
49, U.S.C., 1940 ed., Transportation, and section 345(1) of title 28,
U.S.C., 1940 ed., relating to three-judge courts and direct appeals,
applicable to orders of the Federal Communications Commission enforcing
the Communications Act of 1934.
Procedure on appeal, see Appendix to this title.
Stays, see rule 23.
Stay of proceedings to enforce judgment, see rule 62, Appendix to
this title.
Direct appeals from three-judge courts --
Anti-Trust Laws, see section 29 of Title 15, Commerce and Trade.
Communications Act of 1934, see section 402 of Title 47, Telegraphs,
Telephones, and Radiographs.
Packers and Stockyards Act, see section 217 of Title 7, Agriculture.
Quorum of Supreme Court justices absent, see section 2109 of this
title.
Time for appeal or certiorari, see section 2101 of this title.
Writs, see section 1651 of this title.
28 USC 1254. Courts of appeals; certiorari; certified questions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Cases in the courts of appeals may be reviewed by the Supreme Court
by the following methods:
(1) By writ of certiorari granted upon the petition of any party to
any civil or criminal case, before or after rendition of judgment or
decree;
(2) By certification at any time by a court of appeals of any
question of law in any civil or criminal case as to which instructions
are desired, and upon such certification the Supreme Court may give
binding instructions or require the entire record to be sent up for
decision of the entire matter in controversy.
(June 25, 1948, ch. 646, 62 Stat. 928; June 27, 1988, Pub. L.
100-352, 2(a), (b), 102 Stat. 662.)
Based on title 28, U.S.C., 1940 ed., 346 and 347 (Mar. 3, 1911, ch.
231, 239, 240, 36 Stat. 1157; Feb. 13, 1925, ch. 229, 1, 43 Stat.
938; Jan. 31, 1928, ch. 14, 1, 45 Stat. 54; June 7, 1934, ch. 426,
48 Stat. 926).
Section consolidates sections 346 and 347 of title 28, U.S.C., 1940
ed.
Words ''or in the United States Court of Appeals for the District of
Columbia'' and ''or of the United States Court of Appeals for the
District of Columbia'' in sections 346 and 347 of title 28, U.S.C., 1940
ed., were omitted. (See section 41 of this title.)
The prefatory words of this section preceding paragraph (1) were
substituted for subsection (c) of said section 347.
The revised section omits the words of section 347 of title 28,
U.S.C., 1940 ed., ''and with like effect as if the case had been brought
there with unrestricted appeal'', and the words of section 346 of such
title ''in the same manner as if it had been brought there by appeal''.
The effect of subsections (1) and (3) of the revised section is to
preserve existing law and retain the power of unrestricted review of
cases certified or brought up on certiorari. Only in subsection (2) is
review restricted.
Changes were made in phraseology and arrangement.
1988 -- Pub. L. 100-352, 2(b), struck out ''appeal;'' after
''certiorari;'' in section catchline.
Pars. (2), (3). Pub. L. 100-352, 2(a), redesignated par. (3) as
(2) and struck out former par. (2) which read as follows: ''By appeal
by a party relying on a State statute held by a court of appeals to be
invalid as repugnant to the Constitution, treaties or laws of the United
States, but such appeal shall preclude review by writ of certiorari at
the instance of such appellant, and the review on appeal shall be
restricted to the Federal questions presented;''.
Section 7 of Pub. L. 100-352 provided that: ''The amendments made
by this Act (amending sections 1254, 1257, 1258, 2101, 2104, and 2350 of
this title, section 437h of Title 2, The Congress, section 136w of Title
7, Agriculture, section 1631e of Title 22, Foreign Relations and
Intercourse, section 652 of Title 25, Indians, section 988 of Title 33,
Navigation and Navigable Waters, section 1652 of Title 43, Public Lands,
and sections 719, 743, and 1105 of Title 45, Railroads, and repealing
sections 1252 and 2103 of this title) shall take effect ninety days
after the date of the enactment of this Act (June 27, 1988), except that
such amendments shall not apply to cases pending in the Supreme Court on
the effective date of such amendments or affect the right to review or
the manner of reviewing the judgment or decree of a court which was
entered before such effective date.''
Procedure generally on appeal, writ of certiorari, or certification
of questions, see Appendix to this title.
Stays, see rule 23.
Power of appellate court to stay proceedings not limited by rule 62,
see rule 62(g), Appendix to this title.
Quorum of Supreme Court justices, see section 2109 of this title.
Review generally, see section 2101 et seq. of this title.
Review of appeals of orders relating to use of pesticide chemicals
and raw agricultural commodities, see section 346a of Title 21, Food and
Drugs.
Time for appeal or certiorari, see section 2101 of this title.
Vesting and liquidation of Bulgarian, Hungarian, and Rumanian
property, final orders or decrees of district courts of the United
States reviewable as provided in this section, see section 1631e of
Title 22, Foreign Relations and Intercourse.
Writs, see section 1651 of this title.
1508, 7123; title 7 sections 136n, 194, 228b-3,
2007e; title 8 section 1324b; title 11 section 305;
title 12 sections 1467a, 1786, 1818, 2266; title 15
sections 21, 29, 45, 57a, 77i, 78aa, 79x, 79y, 80a-42,
80a-43, 80b-13, 687a, 687e, 717r, 1193, 1262, 1394,
1474, 1710, 1719, 1913, 2003, 2004, 2008, 2060, 2618,
3416; title 16 sections 79l, 825l, 825p; title 20
sections 351d, 1070c-3, 1104h, 1111h, 1234g, 1413,
1416, 2727, 2834, 2972; title 21 sections 346a, 348,
355, 360g, 360kk, 371; title 22 sections 2740, 2851,
3086; title 23 section 131; title 26 sections 3310,
7482; title 27 section 204; title 29 sections 160,
210, 660, 667, 1578; title 30 section 816; title 33
sections 520, 988; title 38 sections 1984, 7292;
title 40 section 333; title 42 sections 263a, 291h,
504, 1316, 1320a-7a, 2022, 2689l, 3027, 3414, 3785,
5311, 5405, 6029, 6306, 6869, 8412; title 45 section
153; title 47 section 402; title 49 App. sections
45, 1486, 1674b, 1675, 2005, 2507.
28 USC ( 1255, 1256. Repealed. Pub. L. 97-164, title I, 123, Apr. 2,
1982, 96 Stat. 36)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section 1255, act June 25, 1948, ch. 646, 62 Stat. 928, authorized
Supreme Court to review cases in Court of Claims by writ of certiorari
and by certification of questions of law.
Section 1256, act June 25, 1948, ch. 646, 62 Stat. 928, authorized
Supreme Court to review cases in Court of Customs and Patent Appeals by
writ of certiorari.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC 1257. State courts; certiorari
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Final judgments or decrees rendered by the highest court of a
State in which a decision could be had, may be reviewed by the Supreme
Court by writ of certiorari where the validity of a treaty or statute of
the United States is drawn in question or where the validity of a
statute of any State is drawn in question on the ground of its being
repugnant to the Constitution, treaties, or laws of the United States,
or where any title, right, privilege, or immunity is specially set up or
claimed under the Constitution or the treaties or statutes of, or any
commission held or authority exercised under, the United States.
(b) For the purposes of this section, the term ''highest court of a
State'' includes the District of Columbia Court of Appeals.
(June 25, 1948, ch. 646, 62 Stat. 929; July 29, 1970, Pub. L.
91-358, title I, 172(a)(1), 84 Stat. 590; June 27, 1988, Pub. L.
100-352, 3, 102 Stat. 662.)
Based on title 28, U.S.C., 1940 ed., 344 (Mar. 3, 1911, ch. 231,
236, 237, 36 Stat. 1156; Dec. 23, 1914, ch. 2, 38 Stat. 790; Sept. 6,
1916, ch. 448, 2, 39 Stat. 726; Feb. 17, 1922, ch. 54, 42 Stat. 366;
Feb. 13, 1925, ch. 229, 1, 43 Stat. 937; Jan. 31, 1928, ch. 14, 1,
45 Stat. 54).
Provisions of section 344 of title 28, U.S.C., 1940 ed., relating to
procedure for review of decisions of State courts are incorporated in
section 2103 of this title. Other provisions of such section 344 of
title 28, U.S.C., 1940 ed., are incorporated in section 2106 of this
title.
The revised section applies in both civil and criminal cases. In
Twitchell v. Philadelphia, 1868, 7 Wall. 321, 19 L.Ed. 223, it was
expressly held that the provisions of section 25 of the Judiciary Act of
1789, 1 Stat. 85, on which title 28, U.S.C., 1940 ed., 344, is based,
applied to criminal cases, and many other Supreme Court decisions
impliedly involve the same holding inasmuch as the Court has taken
jurisdiction of criminal cases on appeal from State courts. See, for
example, Herndon v. Georgia, 1935, 55 S.Ct. 794, 295 U.S. 441, 79
L.Ed. 1530 and Ashcraft v. Tennessee, 1944, 64 S.Ct. 921, 322 U.S. 143,
88 L.Ed. 1192.
Provision, in section 344(b) of title 28, U.S.C., 1940 ed., for
review and determination on certiorari ''with the same power and
authority and with like effect as if brought up by appeal'' was omitted
as unnecessary. The scope of review under this section is unrestricted.
Words ''and the power to review under this paragraph may be exercised
as well where the Federal claim is sustained as where it is denied,'' in
said section 344(b), were omitted as surplusage.
The last sentence in said section 344(b) relating to the right to
relief under both subsections of said section 344, was omitted as
unnecessary.
Changes were made in phraseology.
1988 -- Pub. L. 100-352 struck out ''appeal;'' before ''certiorari''
in section catchline and amended text generally. Prior to amendment,
text read as follows: ''Final judgments or decrees rendered by the
highest court of a State in which a decision could be had, may be
reviewed by the Supreme Court as follows:
''(1) By appeal, where is drawn in question the validity of a treaty
or statute of the United States and the decision is against its
validity.
''(2) By appeal, where is drawn in question the validity of a statute
of any state on the ground of its being repugnant to the Constitution,
treaties or laws of the United States, and the decision is in favor of
its validity.
''(3) By writ of certiorari, where the validity of a treaty or
statute of the United States is drawn in question or where the validity
of a State statute is drawn in question on the ground of its being
repugnant to the Constitution, treaties or laws of the United States, or
where any title, right, privilege or immunity is specially set up or
claimed under the Constitution, treaties or statutes of, or commission
held or authority exercised under, the United States.
''For the purposes of this section, the term 'highest court of a
State' includes the District of Columbia Court of Appeals.''
1970 -- Pub. L. 91-358 provided that for the purposes of this
section, the term ''highest court of a State'' includes the District of
Columbia Court of Appeals.
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of this title.
Section 199(a) of title I of Pub. L. 91-358 provided that: ''The
effective date of this title (and the amendments made by this title)
(enacting sections 1363, 1451, and 2113 of this title and amending this
section, sections 292 and 1869 of this title, section 5102 of Title 5,
Government Organization and Employees, and section 260a of Title 42, The
Public Health and Welfare) shall be the first day of the seventh
calendar month which begins after the date of the enactment of this Act
(July 29, 1970).''
Jurisdiction on writ of certiorari, see rules 10 to 16, Appendix to
this title.
Determination on review, see section 2106 of this title.
Quorum of Supreme Court justices absent, disposition of case, see
section 2109 of this title.
Review of State court decisions --
Priority of criminal cases, see section 2102 of this title.
Procedure and effect, see section 2104 of this title.
Time for appeal or certiorari, see section 2101 of this title.
Writs, see section 1651 of this title.
28 USC 1258. Supreme Court of Puerto Rico; certiorari
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Final judgments or decrees rendered by the Supreme Court of the
Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ
of certiorari where the validity of a treaty or statute of the United
States is drawn in question or where the validity of a statute of the
Commonwealth of Puerto Rico is drawn in question on the ground of its
being repugnant to the Constitution, treaties, or laws of the United
States, or where any title, right, privilege, or immunity is specially
set up or claimed under the Constitution or the treaties or statutes of,
or any commission held or authority exercised under, the United States.
(Added Pub. L. 87-189, 1, Aug. 30, 1961, 75 Stat. 417; amended Pub.
L. 100-352, 4, June 27, 1988, 102 Stat. 662.)
1988 -- Pub. L. 100-352 struck out ''appeal;'' before ''certiorari''
in section catchline and amended text generally. Prior to amendment,
text read as follows: ''Final judgments or decrees rendered by the
Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the
Supreme Court as follows:
''(1) By appeal, where is drawn in question the validity of a treaty
or statute of the United States and the decision is against its
validity.
''(2) By appeal, where is drawn in question the validity of a statute
of the Commonwealth of Puerto Rico on the ground of its being repugnant
to the Constitution, treaties, or laws of the United States, and the
decision is in favor of its validity.
''(3) By writ of certiorari, where the validity of a treaty or
statute of the United States is drawn in question or where the validity
of a statute of the Commonwealth of Puerto Rico is drawn in question on
the ground of its being repugnant to the Constitution, treaties, or laws
of the United States, or where any title, right, privilege, or immunity
is specially set up or claimed under the Constitution, treaties, or
statutes of, or commission held or authority exercised under, the United
States.''
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of this title.
28 USC 1259. Court of Military Appeals; certiorari
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Decisions of the United States Court of Military Appeals may be
reviewed by the Supreme Court by writ of certiorari in the following
cases:
(1) Cases reviewed by the Court of Military Appeals under section
867(a)(1) of title 10.
(2) Cases certified to the Court of Military Appeals by the Judge
Advocate General under section 867(a)(2) of title 10.
(3) Cases in which the Court of Military Appeals granted a petition
for review under section 867(a)(3) of title 10.
(4) Cases, other than those described in paragraphs (1), (2), and (3)
of this subsection, in which the Court of Military Appeals granted
relief.
(Added Pub. L. 98-209, 10(a)(1), Dec. 6, 1983, 97 Stat. 1405;
amended Pub. L. 101-189, div. A, title XIII, 1304(b)(3), Nov. 29, 1989,
103 Stat. 1577.)
1989 -- Pub. L. 101-189 substituted ''section 867(a)(1)'' for
''section 867(b)(1)'' in par. (1), ''section 867(a)(2)'' for ''section
867(b)(2)'' in par. (2), and ''section 867(a)(3)'' for ''section
867(b)(3)'' in par. (3).
Section effective on the first day of the eighth calendar month
beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98-209,
set out as an Effective Date of 1983 Amendment note under section 801 of
Title 10, Armed Forces.
28 USC CHAPTER 83 -- COURTS OF APPEALS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
1291. Final decisions of district courts.
1292. Interlocutory decisions.
(1293. Repealed.)
1294. Circuits in which decisions reviewable.
1295. Jurisdiction of the United States Court of Appeals for the
Federal Circuit.
(1296. Repealed.)
1984 -- Pub. L. 98-620, title IV, 402(29)(C), Nov. 8, 1984, 98
Stat. 3359, struck out item 1296 ''Precedence of cases in the United
States Court of Appeals for the Federal Circuit''.
1982 -- Pub. L. 97-164, title I, 127(b), Apr. 2, 1982, 96 Stat.
39, added items 1295 and 1296.
1978 -- Pub. L. 95-598, title II, 236(b), Nov. 6, 1978, 92 Stat.
2667, directed the addition of item 1293, ''Bankruptcy appeals'', 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.
1961 -- Pub. L. 87-189, 4, Aug. 30, 1961, 75 Stat. 417, struck
out item 1293 ''Final decisions of Puerto Rico and Hawaii Supreme
Courts''.
Appeal to a court of appeals, see rules 3 and 4, Appendix to this
title.
Joint or consolidated appeals to a court of appeals, see rule 3.
Record on appeal to a court of appeals, see rule 10.
Application of rules, see note by Advisory Committee under rule 54,
Title 18, Appendix, Crimes and Criminal Procedure.
Bail upon review, see rule 46.
Stay of execution and relief pending review, see rule 38.
Jurisdiction of courts and appeals in particular matters, see
Historical and Revision Notes under section 1291 of this title.
Procedure and particular proceedings, generally, see sections 1651 et
seq. and 2201 et seq. of this title.
Vesting and liquidation of Bulgarian, Hungarian, and Rumanian
property, final orders or decrees of district courts of the United
States reviewable as provided in this chapter, see section 1631e of
Title 22, Foreign Relations and Intercourse.
28 USC 1291. Final decisions of district courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The courts of appeals (other than the United States Court of Appeals
for the Federal Circuit) shall have jurisdiction of appeals from all
final decisions of the district courts of the United States, the United
States District Court for the District of the Canal Zone, the District
Court of Guam, and the District Court of the Virgin Islands, except
where a direct review may be had in the Supreme Court. The jurisdiction
of the United States Court of Appeals for the Federal Circuit shall be
limited to the jurisdiction described in sections 1292(c) and (d) and
1295 of this title.
(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, 48,
65 Stat. 726; July 7, 1958, Pub. L. 85-508, 12(e), 72 Stat. 348;
Apr. 2, 1982, Pub. L. 97-164, title I, 124, 96 Stat. 36.)
Based on title 28, U.S.C., 1940 ed., 225(a), 933(a)(1), and section
1356 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions,
and sections 61 and 62 of title 7 of the Canal Zone Code (Mar. 3, 1911,
ch. 231, 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, 9, 37 Stat. 566;
Jan. 28, 1915, ch. 22, 2, 38 Stat. 804; Feb. 7, 1925, ch. 150, 43
Stat. 813; Sept. 21, 1922, ch. 370, 3, 42 Stat. 1006; Feb. 13, 1925,
ch. 229, 1, 43 Stat. 936; Jan. 31, 1928, ch. 14, 1, 45 Stat. 54;
May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, 3, 47
Stat. 817; May 31, 1935, ch. 160, 49 Stat. 313; June 20, 1938, ch.
526, 52 Stat. 779; Aug. 2, 1946, ch. 753, 412(a)(1), 60 Stat. 844).
This section rephrases and simplifies paragraphs ''First'',
''Second'', and ''Third'' of section 225(a) of title 28, U.S.C., 1940
ed., which referred to each Territory and Possession separately, and to
sections 61 and 62 of the Canal Zone Code, section 933(a)(1) of said
title relating to jurisdiction of appeals in tort claims cases, and the
provisions of section 1356 of title 48, U.S.C., 1940 ed., relating to
jurisdiction of appeals from final judgments of the district court for
the Canal Zone.
The district courts for the districts of Hawaii and Puerto Rico are
embraced in the term ''district courts of the United States.'' (See
definitive section 451 of this title.)
Paragraph ''Fourth'' of section 225(a) of title 28, U.S.C., 1940 ed.,
is incorporated in section 1293 of this title.
Words ''Fifth. In the United States Court for China, in all cases''
in said section 225(a) were omitted. (See reviser's note under section
411 of this title.)
Venue provisions of section 1356 of title 48, U.S.C., 1940 ed., are
incorporated in section 1295 of this title.
Section 61 of title 7 of the Canal Zone Code is also incorporated in
sections 1291 and 1295 of this title.
In addition to the jurisdiction conferred by this chapter, the courts
of appeals also have appellate jurisdiction in proceedings under Title
11, Bankruptcy, and jurisdiction to review:
(1) Orders of the Secretary of the Treasury denying an application
for, suspending, revoking, or annulling a basic permit under chapter 8
of title 27;
(2) Orders of the Interstate Commerce Commission, the Federal
Communications Commission, the Civil Aeronautics Board, the Board of
Governors of the Federal Reserve System and the Federal Trade
Commission, based on violations of the antitrust laws or unfair or
deceptive acts, methods, or practices in commerce;
(3) Orders of the Secretary of the Army under sections 504, 505 and
516 of title 33, U.S.C., 1940 ed., Navigation and Navigable Waters;
(4) Orders of the Civil Aeronautics Board under chapter 9 of title
49, except orders as to foreign air carriers which are subject to the
President's approval;
(5) Orders under chapter 1 of title 7, refusing to designate boards
of trade as contract markets or suspending or revoking such
designations, or excluding persons from trading in contract markets;
(6) Orders of the Federal Power Commission under chapter 12 of title
16;
(7) Orders of the Federal Security Administrator under section 371(e)
of title 21, in a case of actual controversy as to the validity of any
such order, by any person adversely affected thereby;
(8) Orders of the Federal Power Commission under chapter 15B of title
15;
(9) Final orders of the National Labor Relations Board;
(10) Cease and desist orders under section 193 of title 7;
(11) Orders of the Securities and Exchange Commission;
(12) Orders to cease and desist from violating section 1599 of title
7;
(13) Wage orders of the Administrator of the Wage and Hour Division
of the Department of Labor under section 208 of title 29;
(14) Orders under sections 81r and 1641 of title 19, U.S.C., 1940
ed., Customs Duties.
The courts of appeals also have jurisdiction to enforce:
(1) Orders of the Interstate Commerce Commission, the Federal
Communications Commission, the Civil Aeronautics Board, the Board of
Governors of the Federal Reserve System, and the Federal Trade
Commission, based on violations of the antitrust laws or unfair or
deceptive acts, methods, or practices in commerce;
(2) Final orders of the National Labor Relations Board;
(3) Orders to cease and desist from violating section 1599 of title
7.
The Court of Appeals for the District of Columbia also has
jurisdiction to review orders of the Post Office Department under
section 576 of title 39 relating to discriminations in sending
second-class publications by freight; Maritime Commission orders
denying transfer to foreign registry of vessels under subsidy contract;
sugar allotment orders; decisions of the Federal Communications
Commission granting or refusing applications for construction permits
for radio stations, or for radio station licenses, or for renewal or
modification of radio station licenses, or suspending any radio
operator's license.
Changes were made in phraseology.
1982 -- Pub. L. 97-164, 124, inserted ''(other than the United
States Court of Appeals for the Federal Circuit)'' after ''The court of
appeals'' and inserted provision that the jurisdiction of the United
States Court of Appeals for the Federal Circuit shall be limited to the
jurisdiction described in sections 1292(c) and (d) and 1295 of this
title.
1958 -- Pub. L. 85-508 struck out provisions which gave courts of
appeals jurisdiction of appeals from District Court for Territory of
Alaska. See section 81A of this title which establishes a United States
District Court for the State of Alaska.
1951 -- Act Oct. 31, 1951, inserted reference to District Court of
Guam.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c.16 as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Procedure on appeal, see rule 1 et seq., Appendix to this title.
Procedure on appeal, see rules 38 and 46(a)(2), Title 18, Appendix,
Crimes and Criminal Procedure.
Antitrust Civil Process Act judicial proceedings subject to appeal
pursuant to this section, see section 1314 of Title 15, Commerce and
Trade.
Criminal cases, direct appeals to Supreme Court, and appeals to
courts of appeals, see section 3731 of Title 18, Crimes and Criminal
Procedure.
Direct appeals to Supreme Court, see section 1253 of this title.
Prize cases, allowance of appeal, see section 7680 of Title 10, Armed
Forces.
Time for appeal, see section 2107 of this title.
Trade-mark actions, appellate jurisdiction, see section 1121 of Title
15, Commerce and Trade.
sections 29, 57b-1, 78aa, 79y, 80a-43, 80b-14, 1314,
1719; title 16 sections 825p, 1456; title 18 section
3145; title 31 section 3733; title 42 sections
2000e-5, 3414; title 45 section 153; title 49 App.
section 45; title 50 App. section 17.
28 USC 1292. Interlocutory decisions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as provided in subsections (c) and (d) of this section,
the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States,
the United States District Court for the District of the Canal Zone, the
District Court of Guam, and the District Court of the Virgin Islands, or
of the judges thereof, granting, continuing, modifying, refusing or
dissolving injunctions, or refusing to dissolve or modify injunctions,
except where a direct review may be had in the Supreme Court;
(2) Interlocutory orders appointing receivers, or refusing orders to
wind up receiverships or to take steps to accomplish the purposes
thereof, such as directing sales or other disposals of property;
(3) Interlocutory decrees of such district courts or the judges
thereof determining the rights and liabilities of the parties to
admiralty cases in which appeals from final decrees are allowed.
(b) When a district judge, in making in a civil action an order not
otherwise appealable under this section, shall be of the opinion that
such order involves a controlling question of law as to which there is
substantial ground for difference of opinion and that an immediate
appeal from the order may materially advance the ultimate termination of
the litigation, he shall so state in writing in such order. The Court
of Appeals which would have jurisdiction of an appeal of such action may
thereupon, in its discretion, permit an appeal to be taken from such
order, if application is made to it within ten days after the entry of
the order: Provided, however, That application for an appeal hereunder
shall not stay proceedings in the district court unless the district
judge or the Court of Appeals or a judge thereof shall so order.
(c) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction --
(1) of an appeal from an interlocutory order or decree described in
subsection (a) or (b) of this section in any case over which the court
would have jurisdiction of an appeal under section 1295 of this title;
and
(2) of an appeal from a judgment in a civil action for patent
infringement which would otherwise be appealable to the United States
Court of Appeals for the Federal Circuit and is final except for an
accounting.
(d)(1) When the chief judge of the Court of International Trade
issues an order under the provisions of section 256(b) of this title, or
when any judge of the Court of International Trade, in issuing any other
interlocutory order, includes in the order a statement that a
controlling question of law is involved with respect to which there is a
substantial ground for difference of opinion and that an immediate
appeal from that order may materially advance the ultimate termination
of the litigation, the United States Court of Appeals for the Federal
Circuit may, in its discretion, permit an appeal to be taken from such
order, if application is made to that Court within ten days after the
entry of such order.
(2) When the chief judge of the United States Court of Federal Claims
issues an order under section 798(b) of this title, or when any judge of
the United States Court of Federal Claims, in issuing an interlocutory
order, includes in the order a statement that a controlling question of
law is involved with respect to which there is a substantial ground for
difference of opinion and that an immediate appeal from that order may
materially advance the ultimate termination of the litigation, the
United States Court of Appeals for the Federal Circuit may, in its
discretion, permit an appeal to be taken from such order, if application
is made to that Court within ten days after the entry of such order.
(3) Neither the application for nor the granting of an appeal under
this subsection shall stay proceedings in the Court of International
Trade or in the Court of Federal Claims, as the case may be, unless a
stay is ordered by a judge of the Court of International Trade or of the
Court of Federal Claims or by the United States Court of Appeals for the
Federal Circuit or a judge of that court.
(4)(A) The United States Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction of an appeal from an interlocutory
order of a district court of the United States, the District Court of
Guam, the District Court of the Virgin Islands, or the District Court
for the Northern Mariana Islands, granting or denying, in whole or in
part, a motion to transfer an action to the United States Court of
Federal Claims under section 1631 of this title.
(B) When a motion to transfer an action to the Court of Federal
Claims is filed in a district court, no further proceedings shall be
taken in the district court until 60 days after the court has ruled upon
the motion. If an appeal is taken from the district court's grant or
denial of the motion, proceedings shall be further stayed until the
appeal has been decided by the Court of Appeals for the Federal Circuit.
The stay of proceedings in the district court shall not bar the
granting of preliminary or injunctive relief, where appropriate and
where expedition is reasonably necessary. However, during the period in
which proceedings are stayed as provided in this subparagraph, no
transfer to the Court of Federal Claims pursuant to the motion shall be
carried out.
(e) The Supreme Court may prescribe rules, in accordance with section
2072 of this title, to provide for an appeal of an interlocutory
decision to the courts of appeals that is not otherwise provided for
under subsection (a), (b), (c), or (d).
(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, 49,
65 Stat. 726; July 7, 1958, Pub. L. 85-508, 12(e), 72 Stat. 348;
Sept. 2, 1958, Pub. L. 85-919, 72 Stat. 1770; Apr. 2, 1982, Pub. L.
97-164, 125, 96 Stat. 36; Nov. 8, 1984, Pub. L. 98-620, title IV,
412, 98 Stat. 3362; Nov. 19, 1988, Pub. L. 100-702, title V, 501, 102
Stat. 4652; Oct. 29, 1992, Pub. L. 102-572, title I, 101, title IX,
902(b), 906(c), 106 Stat. 4506, 4516, 4518.)
Based on title 28, U.S.C., 1940 ed., 225(b), 227, 227a, and section
61 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, 128, 129,
36 Stat. 1133, 1134; Feb. 13, 1925, ch. 229, 1, 43 Stat. 937; Feb.
28, 1927, ch. 228, 44 Stat. 1261; Apr. 3, 1926, ch. 102, 44 Stat. 233;
May 20, 1926, ch. 347, 13(a), 44 Stat. 587; Apr. 11, 1928, ch. 354,
1, 45 Stat. 422; May 17, 1932, ch. 190, 47 Stat. 158).
Section consolidates sections 225(b), 227 and part of 227a of title
28, U.S.C., 1940 ed., with necessary changes in phraseology to effect
the consolidation.
The second paragraph of section 225(b) of title 28, U.S.C., 1940 ed.,
relating to review of decisions of the district courts, under section 9
of the Railway Labor Act (section 159 of title 45), was omitted as
covered by section 1291 of this title.
Words in section 227 of title 28, U.S.C., 1940 ed., ''or decree,''
after ''interlocutory order,'' were deleted, in view of Rule 65 of the
Federal Rules of Civil Procedure, using only the word ''order.''
Provisions of sections 227 and 227a of title 28, U.S.C., 1940 ed.,
relating to stay of proceedings pending appeal were omitted as
superseded by Federal Rules of Civil Procedure, Rule 73.
Provisions of section 227 of title 28, U.S.C., 1940 ed., requiring an
additional bond by the district court as a condition of appeal were
omitted in view of Federal Rules of Civil Procedure, Rule 73.
Words in section 227 of title 28, U.S.C., 1940 ed., ''and sections
346 and 347 of this title shall apply to such cases in the circuit
courts of appeals as to other cases therein,'' at the end of the first
sentence of section 227 of title 28, U.S.C., 1940 ed., were deleted as
fully covered by section 1254 of this title, applicable to any case in a
court of appeals. Other procedural provisions of said section 227 were
omitted as covered by section 2101 et seq. of this title.
In subsection (4), which is based on section 227a of title 28,
U.S.C., 1940 ed., words ''civil actions'' were substituted for ''suits
in equity'' and word ''judgments'' was substituted for ''decree,'' in
view of Rules 2 and 54 of the Federal Rules of Civil Procedure.
The provision of sections 227 and 227a of title 28, U.S.C., 1940 ed.,
that appeal must be taken within thirty days after entry of order,
decree or judgment is incorporated in section 2107 of this title.
The provisions of section 227a of title 28, U.S.C., 1940 ed.,
relating to stay of proceedings pending appeal, were omitted as
superseded by Rule 73 of the Federal Rules of Civil Procedure.
The district courts for the districts of Hawaii and Puerto Rico are
embraced in the term ''district courts of the United States.'' (See
definitive section 451 of this title.) Consequently the specific
reference in section 225 of title 28, U.S.C., 1940 ed., to ''the United
States district courts for Hawaii'' was omitted.
The District Court for the District of Puerto Rico is not enumerated
in section 225(b) of title 28, U.S.C., 1940 ed., nevertheless subsection
(2) of the revised section does not except such court. Thus in
conformity with the last sentence of section 864, title 48, U.S.C., 1940
ed. For distribution of said section 864, see Distribution Table.
Section 61 of title 7 of the Canal Zone Code is also incorporated in
sections 1291 and 1294 of this title.
1992 -- Subsec. (d)(2). Pub. L. 102-572, 902(b)(1), 906(c),
substituted ''When the chief judge of the United States Court of Federal
Claims issues an order under section 798(b) of this title, or when any
judge of the United States Court of Federal Claims'' for ''When any
judge of the United States Claims Court''.
Subsec. (d)(3). Pub. L. 102-572, 902(b)(2), substituted ''Court of
Federal Claims'' for ''Claims Court'' in two places.
Subsec. (d)(4). Pub. L. 102-572, 902(b), substituted ''United States
Court of Federal Claims'' for ''United States Claims Court'' in subpar.
(A) and ''Court of Federal Claims'' for ''Claims Court'' in two places
in subpar. (B).
Subsec. (e). Pub. L. 102-572, 101, added subsec. (e).
1988 -- Subsec. (d)(4). Pub. L. 100-702 added par. (4).
1984 -- Subsec. (b). Pub. L. 98-620, 412(a), inserted ''which would
have jurisdiction of an appeal of such action'' after ''The Court of
Appeals''.
Subsec. (c)(1). Pub. L. 98-620, 412(b), inserted ''or (b)'' after
''(a)''.
1982 -- Subsec. (a). Pub. L. 97-164, 125(a)(1), substituted
''Except as provided in subsections (c) and (d) of this section, the
courts'' for ''The courts'' in introductory provisions.
Subsec. (a)(4). Pub. L. 97-164, 125(a)(2), (3), struck out par. (4)
which related to judgments in civil actions for patent infringement
which were final except for accounting.
Subsecs. (c), (d). Pub. L. 97-164, 125(b), added subsecs. (c) and
(d).
1958 -- Pub. L. 85-919 designated existing provisions as subsec.
(a) and added subsec. (b).
Par. (1). Pub. L. 85-508 struck out reference to District Court for
Territory of Alaska. See section 81A of this title which established a
United States District Court for the State of Alaska.
1951 -- Par. (1). Act Oct. 31, 1951, inserted reference to District
Court of Guam.
Amendment by section 101 of 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.
Amendment by sections 902(b) and 906(c) of Pub. L. 102-572 effective
Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note
under section 171 of this title.
Section 502 of title V of Pub. L. 100-702 provided that: ''The
amendment made by section 501 (amending this section) shall apply to any
action commenced in the district court on or after the date of enactment
of this title (Nov. 19, 1988).''
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Stay of proceedings on appeal, see rule 62, Appendix to this title.
Direct review in Supreme Court, see section 1253 of this title.
Time for appeal, see section 2107 of this title.
Vesting and liquidation of Bulgarian, Hungarian, and Rumanian
property, final orders or decrees of district courts of the United
States reviewable as provided in this section, see section 1631e of
Title 22, Foreign Relations and Intercourse.
Writs in aid of jurisdiction, power to issue, see section 1651 of
this title.
15; title 11 section 305; title 15 sections 29,
78aa, 79y, 80a-43, 80b-14; title 16 sections 825p,
1456; title 42 section 2000e-5; title 49 App.
section 45.
28 USC ( 1293. Repealed. Pub. L. 87-189, 3, Aug. 30, 1961, 75 Stat.
417)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. 18, 1959,
Pub. L. 86-3, 14(b), 73 Stat. 10, provided for appeal from supreme
court of Puerto Rico to court of appeals for first circuit. See section
1258 of this title.
A subsequent section 1293, added Pub. L. 95-598, title II, 236(a),
Nov. 6, 1978, 92 Stat. 2667, which related to bankruptcy appeals, 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.
28 USC 1294. Circuits in which decisions reviewable
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as provided in sections 1292(c), 1292(d), and 1295 of this
title, appeals from reviewable decisions of the district and territorial
courts shall be taken to the courts of appeals as follows:
(1) From a district court of the United States to the court of
appeals for the circuit embracing the district;
(2) From the United States District Court for the District of the
Canal Zone, to the Court of Appeals for the Fifth Circuit;
(3) From the District Court of the Virgin Islands, to the Court of
Appeals for the Third Circuit;
(4) From the District Court of Guam, to the Court of Appeals for the
Ninth Circuit.
(June 25, 1948, ch. 646, 62 Stat. 930; Oct. 31, 1951, ch. 655,
50(a), 65 Stat. 727; July 7, 1958, Pub. L. 85-508, 12(g), 72 Stat.
348; Mar. 18, 1959, Pub. L. 86-3, 14(c), 73 Stat. 10; Aug. 30, 1961,
Pub. L. 87-189, 5, 75 Stat. 417; Nov. 6, 1978, Pub. L. 95-598, title
II, 237, 92 Stat. 2667; Apr. 2, 1982, Pub. L. 97-164, title I, 126,
96 Stat. 37.)
Based on section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 ed.,
Internal Revenue Code, title 28, U.S.C., 1940 ed., 225(d) and sections
645, 864, 865, 1356, and 1392 of title 48, U.S.C., 1940 ed., Territories
and Insular Possessions, and section 61 of title 7 of the Canal Zone
Code (Apr. 12, 1900, ch. 191, 35, 31 Stat. 85; Mar. 3, 1911, ch. 231,
128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, 9, 37 Stat. 566; Mar. 2,
1917, ch. 145, 42, 43, 39 Stat. 966; Mar. 3, 1917, ch. 171, 2, 39
Stat. 1132; Sept. 21, 1922, ch. 370, 3, 42 Stat. 1006; Feb. 13, 1925,
ch. 229, 1, 13, 43 Stat. 936, 942; Feb. 26, 1926, ch. 27, 1002, 44
Stat. 110; Jan. 31, 1928, ch. 14, 1, 45 Stat. 54; May 17, 1932, ch.
190, 47 Stat. 158; Feb. 16, 1933, ch. 91, 3, 47 Stat. 817; May 10,
1934, ch. 277, 519, 48 Stat. 760; Feb. 10, 1939, ch. 2,
1141(b)(1)(2)(3), 53 Stat. 164).
Section consolidates the venue provisions of sections 645, 864, 1356,
and 1392 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions with sections 1141(b)(1)(2)(3) to title 26, U.S.C., 1940
ed., Internal Revenue and sections 225(d) and 865 of said title 48.
Other provisions of said section 864, not incorporated in this section
and sections 41 and 119 of this title, were retained in title 48. Other
provisions of said section 1356 are incorporated in section 1291 of this
title. Other provisions of said section 1392 were also retained in
title 48.
Paragraph (3) of section 1141(b) of title 26, U.S.C., 1940 ed., was
omitted as executed. It made such subsection applicable to all
decisions of the Board of Tax Appeals (Tax Court) rendered on and after
May 10, 1934.
Provisions of section 225(d) of title 28, U.S.C., 1940 ed., for
review of the decisions of the United States Court for China were
omitted. (See reviser's note under section 411 of this title.)
Subsection (b) rephrases and rearranges the relevant provisions of
section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 ed.
Specific reference to the United States district courts for the
districts of Hawaii, Puerto Rico and District of Columbia was omitted as
unnecessary, these courts being embraced in the definition of ''a
district court of the United States'' contained in section 451 of this
title.
Administrative orders, referred to in reviser's note under section
1291 of this title, are reviewable and enforceable in the following
circuits:
(1) Alcoholic permit orders -- in the District of Columbia or in the
circuit where the applicant or permittee resides or has his principal
place of business;
(2) Antitrust and unfair trade orders -- in the circuit where
unlawful act occurred or petitioner resides or carries on business;
(3) Bridge alteration; cost orders -- in the circuit where bridge is
wholly or partly located;
(4) Civil aeronautics orders -- in the District of Columbia or
circuit where petitioner resides or has his principal place of business;
(5) Commodity exchange orders -- in the circuit where board of trade
has its principal place of business or in circuit where petitioner for
review of exclusion order carries on business;
(6) Electric and water power orders -- in the District of Columbia or
circuit where licensee or public utility to which order relates is
located or has its principal place of business;
(7) Food, drug and cosmetic orders -- in the circuit where person
adversely affected resides or has his principal place of business;
(8) Gas orders -- in the District of Columbia or circuit where
company to which order relates is located or has its principal place of
business;
(9) National Labor Relations Board's final orders -- in the District
of Columbia or circuit where unfair labor practice occurred or violator
resides or transacts business;
(10) Packers cease and desist orders -- in the circuit where packer
has his principal place of business;
(11) Radio license decisions -- in the District of Columbia;
(12) Securities and Exchange Commission orders -- in the District of
Columbia or circuit where petitioner resides or has his principal place
of business;
(13) Seed orders -- in the circuit where violator resides or has his
principal place of business;
(14) Wage orders -- in the District of Columbia or circuit where
petitioner resides or has his principal place of business;
(15) Foreign Trade Zones Board orders -- in the circuit where the
Zone is located;
(16) Customhouse broker licenses -- in circuit where applicant or
licensee resides or has his principal place of business.
(1) Antitrust and unfair trade orders -- in the circuit where
unlawful act occurred or person allegedly committing unlawful act
resides or carries on business;
(2) National Labor Relations Board's final orders -- in the circuit
where unfair labor practice occurred or violator resides or transacts
business;
(3) Seed orders -- in the circuit where violator resides or has his
principal place of business.
Section 61 of title 7 of the Canal Zone Code is also incorporated in
sections 1291 and 1292 of this title.
Changes were made in phraseology.
By Senate amendment, this section was renumbered ''1294'', and
subsec. (b), which related to the Tax Court, was eliminated.
Therefore, as finally enacted, section 1141(b)(1)(2)(3) of Title 26,
U.S.C., Internal Revenue Code 1939, was not one of the sources of this
section. The Senate amendments also eliminated section 1141 of the
Internal Revenue Code 1939 from the schedule of repeals. See Senate
Report No. 1559.
1982 -- Pub. L. 97-164 substituted ''Except as provided in sections
1292(c), 1292(d), and 1295 of this title, appeals from reviewable
decisions'' for ''Appeals from reviewable decisions'' in introductory
provisions.
1978 -- Pub. L. 95-598 directed the amendment of section by
substituting ''district, bankruptcy, and territorial'' for ''district
and territorial'' and by adding pars. (5) and (6) relating to panels
designated under section 160(a) of this title and bankruptcy courts,
respectively, 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.
1961 -- Pars. (4), (5). Pub. L. 87-189 redesignated par. (5) as
(4) and repealed former par. (4) which provided that appeals from the
Supreme Court of Puerto Rico should be taken to the Court of Appeals for
the First Circuit. See section 1258 of this title.
1959 -- Pars. (4) to (6). Pub. L. 86-3 redesignated pars. (5) and
(6) as (4) and (5), respectively, and repealed former par. (4) which
provided that appeals from the Supreme Court of Hawaii should be taken
to the Court of Appeals for the Ninth Circuit. See section 91 of this
title and notes thereunder.
1958 -- Par. (2). Pub. L. 85-508 redesignated par. (3) as (2) and
repealed former par. (2) which provided that appeals from the District
Court for the Territory of Alaska or any division thereof should be
taken to the Court of Appeals for the Ninth Circuit. See section 81A of
this title which establishes a United States District Court for the
State of Alaska.
Pars. (3) to (7). Pub. L. 85-508 redesignated pars. (4) to (7) as
(3) to (6), respectively.
1951 -- Par. (7). Act Oct. 31, 1951, added par. (7).
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 86-3 effective on admission of State of Hawaii
into the Union, see note set out under section 91 of this title.
Admission of Hawaii into the Union was accomplished Aug. 25, 1959, on
issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat.
c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18,
1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48,
Territories and Insular Possessions.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Administrative orders, circuits where reviewable and enforceable, see
reviser's note for this section.
80b-14.
28 USC 1295. Jurisdiction of the United States Court of Appeals for
the Federal Circuit
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction --
(1) of an appeal from a final decision of a district court of the
United States, the United States District Court for the District of the
Canal Zone, the District Court of Guam, the District Court of the Virgin
Islands, or the District Court for the Northern Mariana Islands, if the
jurisdiction of that court was based, in whole or in part, on section
1338 of this title, except that a case involving a claim arising under
any Act of Congress relating to copyrights, exclusive rights in mask
works, or trademarks and no other claims under section 1338(a) shall be
governed by sections 1291, 1292, and 1294 of this title;
(2) of an appeal from a final decision of a district court of the
United States, the United States District Court for the District of the
Canal Zone, the District Court of Guam, the District Court of the Virgin
Islands, or the District Court for the Northern Mariana Islands, if the
jurisdiction of that court was based, in whole or in part, on section
1346 of this title, except that jurisdiction of an appeal in a case
brought in a district court under section 1346(a)(1), 1346(b), 1346(e),
or 1346(f) of this title or under section 1346(a)(2) when the claim is
founded upon an Act of Congress or a regulation of an executive
department providing for internal revenue shall be governed by sections
1291, 1292, and 1294 of this title;
(3) of an appeal from a final decision of the United States Court of
Federal Claims;
(4) of an appeal from a decision of --
(A) the Board of Patent Appeals and Interferences of the Patent and
Trademark Office with respect to patent applications and interferences,
at the instance of an applicant for a patent or any party to a patent
interference, and any such appeal shall waive the right of such
applicant or party to proceed under section 145 or 146 of title 35;
(B) the Commissioner of Patents and Trademarks or the Trademark Trial
and Appeal Board with respect to applications for registration of marks
and other proceedings as provided in section 21 of the Trademark Act of
1946 (15 U.S.C. 1071); or
(C) a district court to which a case was directed pursuant to section
145 or 146 of title 35;
(5) of an appeal from a final decision of the United States Court of
International Trade;
(6) to review the final determinations of the United States
International Trade Commission relating to unfair practices in import
trade, made under section 337 of the Tariff Act of 1930 (19 U.S.C.
1337);
(7) to review, by appeal on questions of law only, findings of the
Secretary of Commerce under U.S. note 6 to subchapter X of chapter 98 of
the Harmonized Tariff Schedule of the United States (relating to
importation of instruments or apparatus);
(8) of an appeal under section 71 of the Plant Variety Protection Act
(7 U.S.C. 2461);
(9) of an appeal from a final order or final decision of the Merit
Systems Protection Board, pursuant to sections 7703(b)(1) and 7703(d) of
title 5;
(10) of an appeal from a final decision of an agency board of
contract appeals pursuant to section 8(g)(1) of the Contract Disputes
Act of 1978 (41 U.S.C. 607(g)(1));
(11) of an appeal under section 211 of the Economic Stabilization Act
of 1970;
(12) of an appeal under section 5 of the Emergency Petroleum
Allocation Act of 1973;
(13) of an appeal under section 506(c) of the Natural Gas Policy Act
of 1978; and
(14) of an appeal under section 523 of the Energy Policy and
Conservation Act.
(b) The head of any executive department or agency may, with the
approval of the Attorney General, refer to the Court of Appeals for the
Federal Circuit for judicial review any final decision rendered by a
board of contract appeals pursuant to the terms of any contract with the
United States awarded by that department or agency which the head of
such department or agency has concluded is not entitled to finality
pursuant to the review standards specified in section 10(b) of the
Contract Disputes Act of 1978 (41 U.S.C. 609(b)). The head of each
executive department or agency shall make any referral under this
section within one hundred and twenty days after the receipt of a copy
of the final appeal decision.
(c) The Court of Appeals for the Federal Circuit shall review the
matter referred in accordance with the standards specified in section
10(b) of the Contract Disputes Act of 1978. The court shall proceed
with judicial review on the administrative record made before the board
of contract appeals on matters so referred as in other cases pending in
such court, shall determine the issue of finality of the appeal
decision, and shall, if appropriate, render judgment thereon, or remand
the matter to any administrative or executive body or official with such
direction as it may deem proper and just.
(Added Pub. L. 97-164, title I, 127(a), Apr. 2, 1982, 96 Stat. 37;
amended Pub. L. 98-622, title II, 205(a), Nov. 8, 1984, 98 Stat. 3388;
Pub. L. 100-418, title I, 1214(a)(3), Aug. 23, 1988, 102 Stat. 1156;
Pub. L. 100-702, title X, 1020(a)(3), Nov. 19, 1988, 102 Stat. 4671;
Pub. L. 102-572, title I, 102(c), title IX, 902(b)(1), Oct. 29, 1992,
106 Stat. 4507, 4516.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(7), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
Section 211 of the Economic Stabilization Act of 1970, referred to in
subsec. (a)(11), is section 211 of Pub. L. 91-379, title II, as
amended, formerly set out as an Economic Stabilization Program note
under section 1904 of Title 12, Banks and Banking.
Section 5 of the Emergency Petroleum Allocation Act of 1973, referred
to in subsec. (a)(12), is section 5 of Pub. L. 93-159, as amended,
which was classified to section 754 of Title 15, Commerce and Trade, and
was omitted from the Code.
Section 506(c) of the Natural Gas Policy Act of 1978, referred to in
subsec. (a)(13), is classified to section 3416(c) of Title 15.
Section 523 of the Energy Policy and Conservation Act, referred to in
subsec. (a)(14), is classified to section 6393 of Title 42, The Public
Health and Welfare.
1992 -- Subsec. (a)(3). Pub. L. 102-572, 902(b)(1), substituted
''United States Court of Federal Claims'' for ''United States Claims
Court''.
Subsec. (a)(11) to (14). Pub. L. 102-572, 102(c), added pars. (11)
to (14).
1988 -- Subsec. (a)(1). Pub. L. 100-702 inserted '', exclusive
rights in mask works,'' after ''copyrights''.
Subsec. (a)(7). Pub. L. 100-418 substituted ''U.S. note 6 to
subchapter X of chapter 98 of the Harmonized Tariff Schedule of the
United States'' for ''headnote 6 to schedule 8, part 4, of the Tariff
Schedules of the United States''.
1984 -- Subsec. (a)(4)(A). Pub. L. 98-622 substituted ''Patent
Appeals and'' for ''Appeals or the Board of Patent''.
Amendment by section 102(c) of 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.
Amendment by section 902(b)(1) of Pub. L. 102-572 effective Oct.
29, 1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
Amendment by Pub. L. 98-622 applicable to all United States patents
granted before, on, or after Nov. 8, 1984, and to all applications for
United States patents pending on or filed after that date, except as
otherwise provided, see section 106 of Pub. L. 98-622, set out as a
note under section 103 of Title 35, Patents.
Amendment by Pub. L. 98-622 effective three months after Nov. 8,
1984, see section 207 of Pub. L. 98-622, set out as a note under
section 7 of Title 35.
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
Section 102(d), (e) of Pub. L. 102-572 provided that:
''(d) Abolition of Court. -- The Temporary Emergency Court of Appeals
created by section 211(b) of the Economic Stabilization Act of 1970
(Pub. L. 91-379, formerly set out as a note under section 1904 of Title
12, Banks and Banking) is abolished, effective 6 months after the date
of the enactment of this Act (Oct. 29, 1992).
''(e) Pending Cases. -- (1) Any appeal which, before the effective
date of abolition described in subsection (d), is pending in the
Temporary Emergency Court of Appeals but has not been submitted to a
panel of such court as of that date shall be assigned to the United
States Court of Appeals for the Federal Circuit as though the appeal had
originally been filed in that court.
''(2) Any case which, before the effective date of abolition
described in subsection (d), has been submitted to a panel of the
Temporary Emergency Court of Appeals and as to which the mandate has not
been issued as of that date shall remain with that panel for all
purposes and, notwithstanding the provisions of sections 291 and 292 of
title 28, United States Code, that panel shall be assigned to the United
States Court of Appeals for the Federal Circuit for the purpose of
deciding such case.''
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
28 USC ( 1296. Repealed. Pub. L. 98-620, title IV, 402(29)(C), Nov.
8, 1984, 98 Stat. 3359)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, added Pub. L. 97-164, title I, 127(a), Apr. 2, 1982, 96
Stat. 39, related to precedence of cases in United States Court of
Appeals for the Federal Circuit.
Repeal not applicable to cases pending on Nov. 8, 1984, see section
403 of Pub. L. 98-620, set out as an Effective Date note under section
1657 of this title.
28 USC CHAPTER 85 -- DISTRICT COURTS; JURISDICTION
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
1330. Actions against foreign states.
1331. Federal question.
1332. Diversity of citizenship; amount in controversy; costs.
1333. Admiralty, maritime and prize cases.
1334. Bankruptcy cases and proceedings.
1335. Interpleader.
1336. Interstate Commerce Commission's orders.
1337. Commerce and antitrust regulations; amount in controversy,
costs.
1338. Patents, plant variety protection, copyrights, mask works,
trade-marks, and unfair competition.
1339. Postal matters.
1340. Internal revenue; customs duties.
1341. Taxes by States.
1342. Rate orders of State agencies.
1343. Civil rights and elective franchise.
1344. Election disputes.
1345. United States as plaintiff.
1346. United States as defendant.
1347. Partition action where United States is joint tenant.
1348. Banking association as party.
1349. Corporation organized under federal law as party.
1350. Alien's action for tort.
1351. Consuls, vice consuls, and members of a diplomatic mission as
defendant.
1352. Bonds executed under federal law.
1353. Indian allotments.
1354. Land grants from different states.
1355. Fine, penalty or forfeiture.
1356. Seizures not within admiralty and maritime jurisdiction.
1357. Injuries under Federal laws.
1358. Eminent domain.
1359. Parties collusively joined or made.
1360. State civil jurisdiction in actions to which Indians are
parties.
1361. Action to compel an officer of the United States to perform
his duty.
1362. Indian tribes.
1363. Jurors' employment rights.
1364. Direct actions against insurers of members of diplomatic
missions and their families.
1365. Senate actions.
1366. Construction of references to laws of the United States or
Acts of Congress.
1367. Supplemental jurisdiction.
1990 -- Pub. L. 101-650, title III, 310(b), Dec. 1, 1990, 104
Stat. 5114, added item 1367.
1988 -- Pub. L. 100-702, title X, 1020(a)(7), Nov. 19, 1988, 102
Stat. 4672, substituted ''Actions'' for ''Action'' in item 1330,
inserted a period after ''question'' in item 1331, substituted ''plant
variety protection, copyrights, mask works, trade-marks,'' for
''copyrights, and trade-marks'' in item 1338, and inserted ''and
elective franchise'' in item 1343.
1986 -- Pub. L. 99-336, 6(a)(1)(A), June 19, 1986, 100 Stat. 638,
renumbered item 1364 ''Senate actions'' and item 1364 ''Construction of
references to laws of the United States or Acts of Congress'' as items
1365 and 1366, respectively.
1984 -- Pub. L. 98-353, title I, 101(b), July 10, 1984, 98 Stat.
333, substituted ''cases'' for ''matters'' in item 1334.
1980 -- Pub. L. 96-486, 2(b), Dec. 1, 1980, 94 Stat. 2369, struck
out ''; amount in controversy; costs.'' after ''question'' in item
1331.
1978 -- Pub. L. 95-598, title II, 238(b), Nov. 6, 1978, 92 Stat.
2668, directed the substitution of ''Bankruptcy appeals'' for
''Bankruptcy matters and proceedings'' in item 1334, 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.
Pub. L. 95-572, 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, added item
1363 and redesignated former item 1363 ''Construction of references to
laws of the United States or Acts of Congress'', as 1364.
Pub. L. 95-521, title VII, 705(f)(2), Oct. 26, 1978, 92 Stat.
1880, added item 1364 ''Senate actions''.
Pub. L. 95-486, 9(c), Oct. 20, 1978, 92 Stat. 1634, substituted
''Commerce and antitrust regulations; amount in controversy, costs''
for ''Commerce and antitrust regulations'' in item 1337.
Pub. L. 95-393, 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat. 810,
substituted ''Consuls, vice consuls, and members of a diplomatic mission
as defendant'' for ''Consuls and vice consuls as defendants'' in item
1351 and added item 1364 ''Direct actions against insurers of members of
diplomatic missions and their families''.
1976 -- Pub. L. 94-583, 2(b), Oct. 21, 1976, 90 Stat. 2891, added
item 1330.
1970 -- Pub. L. 91-358, title I, 172(c)(2), July 29, 1970, 84 Stat.
591, added item 1363.
1966 -- Pub. L. 89-635, 2, Oct. 10, 1966, 80 Stat. 880, added
item 1362.
1962 -- Pub. L. 87-748, 1(b), Oct. 5, 1962, 76 Stat. 744, added
item 1361.
1958 -- Pub. L. 85-554, 4, July 25, 1958, 72 Stat. 415, inserted
''costs'' in items 1331 and 1332.
1953 -- Act Aug. 15, 1953, ch. 505, 3, 67 Stat. 589, added item
1360.
Procedure, generally, in district courts, see Appendix to this title.
Jurisdictional grounds, statement required in claim for relief, see
rule 8.
Parties, see rules 17 to 25.
Process and service, see rules 4 and 5.
Procedure, generally, in district courts, see Title 18, Appendix,
Crimes and Criminal Procedure.
Admiralty and maritime jurisdiction, see section 740 of Title 46,
Appendix, Shipping.
Amendment of pleadings to show jurisdiction, see section 1653 of this
title.
Costs on dismissal for lack of jurisdiction, see section 1919 of this
title.
Criminal jurisdiction of district courts, see section 3231 et seq.
of Title 18, Crimes and Criminal Procedure.
Criminal procedure, see section 3001 et seq. of Title 18.
District of Columbia district court, additional jurisdiction, see
D.C. Code 11-501.
Guam, jurisdiction of district court, see section 1424 of Title 48,
Territories and Insular Possessions.
Immigration, jurisdiction of district courts, see section 1329 of
Title 8, Aliens and Nationality.
Jurisdiction in suits to recover share of expenses against handlers
of agricultural commodities regardless of amount in controversy, see
section 610 of Title 7, Agriculture.
Jurisdiction of district courts in particular matters, see table in
reviser's note for section 1332 of this title.
Naturalization, judicial review by district courts of denial of
application, see section 1421 of Title 8, Aliens and Nationality.
Process, see section 1691 et seq. of this title.
Removal of cases from state courts, see sections 1441 et seq. of
this title.
Virgin Islands, jurisdiction of district court, see sections 1612 and
1613 of Title 48, Territories and Insular Possessions.
28 USC 1330. Actions against foreign states
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction without
regard to amount in controversy of any nonjury civil action against a
foreign state as defined in section 1603(a) of this title as to any
claim for relief in personam with respect to which the foreign state is
not entitled to immunity either under sections 1605-1607 of this title
or under any applicable international agreement.
(b) Personal jurisdiction over a foreign state shall exist as to
every claim for relief over which the district courts have jurisdiction
under subsection (a) where service has been made under section 1608 of
this title.
(c) For purposes of subsection (b), an appearance by a foreign state
does not confer personal jurisdiction with respect to any claim for
relief not arising out of any transaction or occurrence enumerated in
sections 1605-1607 of this title.
(Added Pub. L. 94-583, 2(a), Oct. 21, 1976, 90 Stat. 2891.)
Section effective 90 days after Oct. 21, 1976, see section 8 of Pub.
L. 94-583, set out as a note under section 1602 of this title.
28 USC 1331. Federal question
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of all civil
actions arising under the Constitution, laws, or treaties of the United
States.
(June 25, 1948, ch. 646, 62 Stat. 930; July 25, 1958, Pub. L.
85-554, 1, 72 Stat. 415; Oct. 21, 1976, Pub. L. 94-574, 2, 90 Stat.
2721; Dec. 1, 1980, Pub. L. 96-486, 2(a), 94 Stat. 2369.)
Based on title 28, U.S.C., 1940 ed., 41(1) (Mar. 3, 1911, ch. 231,
24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, 1, 48 Stat. 775;
Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54
Stat. 143).
Jurisdiction of federal questions arising under other sections of
this chapter is not dependent upon the amount in controversy. (See
annotations under former section 41 of title 28, U.S.C.A., and 35
C.J.S., p. 833 et seq., 30-43. See, also, reviser's note under section
1332 of this title.)
Words ''wherein the matter in controversy exceeds the sum or value of
$3,000, exclusive of interest and costs,'' were added to conform to
rulings of the Supreme Court. See construction of provision relating to
jurisdictional amount requirement in cases involving a Federal question
in United States v. Sayward, 16 S.Ct. 371, 160 U.S. 493, 40 L.Ed. 508;
Fishback v. Western Union Tel. Co., 16 S.Ct. 506, 161 U.S. 96, 40
L.Ed. 630; and Halt v. Indiana Manufacturing Co., 1900, 20 S.Ct. 272,
176 U.S. 68, 44 L.Ed. 374.
Words ''all civil actions'' were substituted for ''all suits of a
civil nature, at common law or in equity'' to conform with Rule 2 of the
Federal Rules of Civil Procedure.
Words ''or treaties'' were substituted for ''or treaties made, or
which shall be made under their authority,'' for purposes of brevity.
The remaining provisions of section 41(1) of title 28, U.S.C., 1940
ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359
of this title.
Changes were made in arrangement and phraseology.
1980 -- Pub. L. 96-486 struck out ''; amount in controversy;
costs'' in section catchline, struck out minimum amount in controversy
requirement of $10,000 for original jurisdiction in federal question
cases which necessitated striking the exception to such required minimum
amount that authorized original jurisdiction in actions brought against
the United States, any agency thereof, or any officer or employee
thereof in an official capacity, struck out provision authorizing the
district court except where express provision therefore was made in a
federal statute to deny costs to a plaintiff and in fact impose such
costs upon such plaintiff where plaintiff was adjudged to be entitled to
recover less than the required amount in controversy, computed without
regard to set-off or counterclaim and exclusive of interests and costs,
and struck out existing subsection designations.
1976 -- Subsec. (a). Pub. L. 94-574 struck out $10,000
jurisdictional amount where action is brought against the United States,
any agency thereof, or any officer or employee thereof in his official
capacity.
1958 -- Pub. L. 85-554 included costs in section catchline,
designated existing provisions as subsec. (a), substituted ''$10,000''
for ''$3,000'', and added subsec. (b).
Section 4 of Pub. L. 96-486 provided: ''This Act (amending this
section and section 2072 of Title 15, Commerce and Trade, and enacting
provisions set out as a note under section 1 of this title) shall apply
to any civil action pending on the date of enactment of this Act (Dec.
1, 1980).''
Section 3 of Pub. L. 85-554 provided that: ''This Act (amending
this section and sections 1332 and 1345 of this title) shall apply only
in the case of actions commenced after the date of the enactment of this
Act (July 25, 1958).''
Controversies involving pollution of waters, jurisdiction of actions
by States, see section 466g-1 of Title 33, Navigation and Navigable
Waters.
Convention on the Settlement of Investment Disputes, exclusive
jurisdiction of district courts over actions and proceedings for
enforcement of arbitration awards under the Convention, regardless of
amount in controversy, see section 1650a of Title 22, Foreign Relations
and Intercourse.
Federal Deposit Insurance Corporation as party, see section 1819 of
Title 12, Banks and Banking.
Federal Reserve Bank as party, see section 632 of Title 12.
International Finance Corporation as party, see section 282f of Title
22, Foreign Relations and Intercourse.
International or foreign banking transactions, see section 632 of
Title 12, Banks and Banking.
Reclamation projects, compensation for rights-of-way, see section
945b of Title 43, Public Lands.
title 42 section 405.
28 USC 1332. Diversity of citizenship; amount in controversy; costs
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction of all civil
actions where the matter in controversy exceeds the sum or value of
$50,000, exclusive of interest and costs, and is between --
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state;
(3) citizens of different States and in which citizens or subjects of
a foreign state are additional parties; and
(4) a foreign state, defined in section 1603(a) of this title, as
plaintiff and citizens of a State or of different States.
For the purposes of this section, section 1335, and section 1441, an
alien admitted to the United States for permanent residence shall be
deemed a citizen of the State in which such alien is domiciled.
(b) Except when express provision therefor is otherwise made in a
statute of the United States, where the plaintiff who files the case
originally in the Federal courts is finally adjudged to be entitled to
recover less than the sum or value of $50,000, computed without regard
to any setoff or counterclaim to which the defendant may be adjudged to
be entitled, and exclusive of interest and costs, the district court may
deny costs to the plaintiff and, in addition, may impose costs on the
plaintiff.
(c) For the purposes of this section and section 1441 of this title
--
(1) a corporation shall be deemed to be a citizen of any State by
which it has been incorporated and of the State where it has its
principal place of business, except that in any direct action against
the insurer of a policy or contract of liability insurance, whether
incorporated or unincorporated, to which action the insured is not
joined as a party-defendant, such insurer shall be deemed a citizen of
the State of which the insured is a citizen, as well as of any State by
which the insurer has been incorporated and of the State where it has
its principal place of business; and
(2) the legal representative of the estate of a decedent shall be
deemed to be a citizen only of the same State as the decedent, and the
legal representative of an infant or incompetent shall be deemed to be a
citizen only of the same State as the infant or incompetent.
(d) The word ''States'', as used in this section, includes the
Territories, the District of Columbia, and the Commonwealth of Puerto
Rico.
(June 25, 1948, ch. 646, 62 Stat. 930; July 26, 1956, ch. 740, 70
Stat. 658; July 25, 1958, Pub. L. 85-554, 2, 72 Stat. 415; Aug. 14,
1964, Pub. L. 88-439, 1, 78 Stat. 445; Oct. 21, 1976, Pub. L. 94-583,
3, 90 Stat. 2891; Nov. 19, 1988, Pub. L. 100-702, title II, 201(a),
202(a), 203(a), 102 Stat. 4646.)
Based on title 28, U.S.C., 1940 ed., 41(1) (Mar. 3, 1911, ch. 231,
24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, 1, 48 Stat. 775;
Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54
Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are
incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this
title. (See reviser's notes under said sections.)
Jurisdiction conferred by other sections of this chapter, except
section 1335, is not dependent upon diversity of citizenship. (See
annotations under former section 41 of title 28, U.S.C.A., and 35
C.J.S., p. 833 et seq. 30-43. See, also, reviser's note under section
1331 of this title.) As to citizenship of bank where jurisdiction
depends upon diversity of citizenship, see section 1348 of this title.
Words ''all civil actions'' were substituted for ''all suits of a
civil nature, at common law or in equity'' in order to conform to Rule 2
of the Federal Rules of Civil Procedure.
Words ''or citizens of the District of Columbia, Territory of Hawaii,
or Alaska, and any State or Territory'' which were inserted by the
amendatory act April 20, 1940, are omitted. The word ''States'' is
defined in this section and enumeration of the references is
unnecessary.
The revised section conforms with the views of Philip F. Herrick,
United States Attorney, Puerto Rico, who observed that the act of April
20, 1940, permitted action between a citizen of Hawaii and of Puerto
Rico, but not between a citizen of New York and Puerto Rico, in the
district court.
This changes the law to insure uniformity. The 1940 amendment
applied only to the provision as to controversies between ''citizens of
different States.'' The new definition in subsection (b) extends the
1940 amendment to apply to controversies between citizens of the
Territories or the District of Columbia, and foreign states or citizens
or subjects thereof.
The diversity of citizenship language of section 41(1) of title 28,
U.S.C., 1940 ed., as amended in 1940, was described as ambiguous in
McGarry v. City of Bethlehem, 45 F.Supp. 385, 386. In that case the
1940 amendment was held unconstitutional insofar as it affected the
District of Columbia. However, two other district courts upheld the
amendment. Winkler v. Daniels, D.C.Va. 1942, 43 F.Supp. 265; Glaeser
v. Acacia Mutual Life Ass'n., D.C.Cal. 1944, 55 F.Supp. 925.
This section is intended to cover all diversity of citizenship
instances in civil actions in accordance with the judicial construction
of the language in the original section 41(1) of title 28, U.S.C., 1940
ed. Therefore, the revised language covers civil actions between --
Citizens of a State, and citizens of other States and foreign states
or citizens or subjects thereof;
Citizens of a Territory or the District of Columbia, and foreign
states or citizens or subjects thereof;
Citizens of different States;
Citizens of different Territories;
Citizens of a State, and citizens of Territories;
Citizens of a State or Territory, and citizens of the District of
Columbia;
Citizens of a State, and foreign states or citizens or subjects
thereof.
The revised section removes an uncertainty referred to in the McGarry
case, supra, as to whether Congress intended to permit citizens of the
Territories or the District of Columbia to sue a State or Territory
itself rather than the citizens thereof. The court observed that
''Congress could hardly have had such intention.''
The sentence ''The foregoing provisions as to the sum or value of the
matter in controversy shall not be construed to apply to any of the
cases mentioned in the succeeding paragraphs of this section'' was
omitted as unnecessary. Those paragraphs are (2)-(28) of said section
41 of title 28, U.S.C., 1940 ed., which are revised and incorporated in
this chapter and, except for those relating to actions against the
United States and interpleader, contains no provision as to a sum or
value necessary to confer jurisdiction. Consequently the omitted
sentence is covered by excluding such requirement.
Section 41(1) of title 28, U.S.C., 1940 ed., as originally enacted,
purported to include all jurisdictional provisions relating to the
district courts. Subsequently, many special jurisdictional provisions
were enacted and incorporated in other titles of the U.S.C., 1940 ed.,
as follows:
Title Section
7 209
7 210
7 216
7 292
7 499g
7 608a(6)
7 608c(15)(B)
7 610(b)(2)
7 648
7 1175
7 1365-1367
7 1376
7 1508(c)
8 164
8 701
8 903
9 4
9 8
9 9
11 11(a)
11 46
11 205(a)(l)
11 401
11 511
11 512
11 514-516
11 711
11 712
11 811
11 812
11 1011
11 1012
11 1013
11 1200
12 93
12 195
12 632
15 4
15 9
15 15
15 25
15 26
15 31
15 53
15 68e
15 77t
15 77v
15 77vvv
15 78u(e)
15 78u(f)
15 78aa
15 79k(d)(e)
15 79r(f)(g)
15 80a-25
15 80a-34
15 80a-35
15 80a-41(c)(e)
15 80a-43
15 80b-14
15 97
15 99
15 433
15 715d(c)
15 715i
15 717s
15 717u
16 10
16 583e
16 820
16 825m
16 825n
16 825p
17 26
17 34
21 193
21 332
21 355
25 314
25 345
26 3633
26 3800
27 207
29 101
29 103-109
29 160(e)
29 216
29 217
30 188
31 232
33 495
33 918
33 921
35 63
35 66
35 67
35 72a
35 90
38 445
40 257
40 270b
40 361
41 113(b)(2)
42 405(c)(5)(g)
43 546
43 1062
45 56
45 88
45 89
45 153(p)
45 159
45 185
45 228j4
45 228k
45 268
45 355(f)
46 597
46 688
46 711
46 741 et seq.
46 781 et seq.
46 941(c)
46 951
46 954
46 1114(c)
46 1128d
47 11
47 13
47 33
47 36
47 207
47 401
47 406
47 407
48 242
48 245
49 5(8)
49 9
49 16(2)
49 16(9)
49 16(12)
49 17(9)
49 19a(l)
49 20(9)
49 23
49 26(h)
49 41(1)(3)
49 43
49 181(b)(c)
49 305(g)
49 322(b)
49 647
49 916
49 1017
49 1021
50 23
D.C. Code 11-305 -- 11-307
D.C. Code 11-309
D.C. Code 11-324
1988 -- Subsec. (a). Pub. L. 100-702, 201(a), substituted
''$50,000'' for ''$10,000'' in introductory text.
Pub. L. 100-702, 203(a), inserted at end ''For the purposes of this
section, section 1335, and section 1441, an alien admitted to the United
States for permanent residence shall be deemed a citizen of the State in
which such alien is domiciled.''
Subsec. (b). Pub. L. 100-702, 201(a), substituted ''$50,000'' for
''$10,000''.
Subsec. (c). Pub. L. 100-702, 202(a), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''For the
purposes of this section and section 1441 of this title, a corporation
shall be deemed a citizen of any State by which it has been incorporated
and of the State where it has its principal place of business: Provided
further, That in any direct action against the insurer of a policy or
contract of liability insurance, whether incorporated or unincorporated,
to which action the insured is not joined as a party-defendant, such
insurer shall be deemed a citizen of the State of which the insured is a
citizen, as well as of any State by which the insurer has been
incorporated and of the State where it has its principal place of
business.''
1976 -- Subsec. (a)(2). Pub. L. 94-583 substituted ''and citizens or
subjects of a foreign state;'' for '', and foreign states or citizens or
subjects thereof; and''.
Subsec. (a)(3). Pub. L. 94-583 substituted ''citizens or subjects of
a foreign state are additional parties; and'' for ''foreign states or
citizens or subjects thereof are additional parties''.
Subsec. (a)(4). Pub. L. 94-583 added par. (4).
1964 -- Subsec. (c). Pub. L. 88-439 inserted proviso deeming an
insurer of liability insurance, in an action to which the insurer is not
joined as a party-defendant, a citizen, of the State of which the
insured is a citizen, as well as the State the insurer has been
incorporated by and the State where it has its principal place of
business.
1958 -- Pub. L. 85-554 included costs in section catchline.
Subsec. (a). Pub. L. 85-554 substituted ''$10,000'' for ''$3,000''.
Subsecs. (b) to (d). Pub. L. 85-554 added subsecs. (b) and (c) and
redesignated former subsec. (b) as (d).
1956 -- Subsec. (b). Act July 26, 1956, included the Commonwealth of
Puerto Rico.
Section 201(b) of title II of Pub. L. 100-702 provided that: ''The
amendments made by this section (amending this section) shall apply to
any civil action commenced on or after the 180th day after the date of
enactment of this title (Nov. 19, 1988).''
Section 202(b) of title II of Pub. L. 100-702 provided that: ''The
amendment made by this section (amending this section) shall apply to
any civil action commenced in or removed to a United States district
court on or after the 180th day after the date of enactment of this
title (Nov. 19, 1988).''
Section 203(b) of title II of Pub. L. 100-702 provided that: ''The
amendment made by this section (amending this section) shall apply to
claims in civil actions commenced in or removed to the United States
district courts on or after the 180th day after the date of enactment of
this title (Nov. 19, 1988).''
Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976,
see section 8 of Pub. L. 94-583, set out as an Effective Date note
under section 1602 of this title.
Section 2 of Pub. L. 88-439 provided that: ''The amendment made by
this Act to section 1332(c), title 28, United States Code, applies only
to causes of action arising after the date of enactment of this Act
(Aug. 14, 1964).''
Amendment by Pub. L. 85-554 applicable only in the case of actions
commenced after July 25, 1958, see section 3 of Pub. L. 85-554, set
out as a note under section 1331 of this title.
Defenses and objections, see rule 12, Appendix to this title.
Controversies involving pollution of waters, jurisdiction of actions
by States, see section 466g-1 of Title 33, Navigation and Navigable
Waters.
Removal of cases from State courts, see section 1441 et seq. of this
title.
Venue of actions based on diversity of citizenship, see section 1391
of this title.
sections 1424, 1612, 1694a.
28 USC 1333. Admiralty, maritime and prize cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction, exclusive of
the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to
suitors in all cases all other remedies to which they are otherwise
entitled.
(2) Any prize brought into the United States and all proceedings for
the condemnation of property taken as prize.
(June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, 79,
63 Stat. 101.)
Based on title 28, U.S.C., 1940 ed., 41(3) and 371 (3), (4) (Mar.
3, 1911, ch. 231, 24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160;
Oct. 6, 1917, ch. 97, 1, 2, 40 Stat. 395; June 10, 1922, ch. 216,
1, 2, 42 Stat. 634).
Section consolidates certain provisions of sections 41(3), 371(3) and
371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3)
and 371(4), relating to seizures, are incorporated in section 1356 of
this title. (See reviser's note thereunder.)
The ''saving to suitors'' clause in sections 41(3) and 371(3) of
title 28, U.S.C., 1940 ed., was changed by substituting the words ''any
other remedy to which he is otherwise entitled'' for the words ''the
right of a common law remedy where the common law is competent to give
it.'' The substituted language is simpler and more expressive of the
original intent of Congress and is in conformity with Rule 2 of the
Federal Rules of Civil Procedure abolishing the distinction between law
and equity.
Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on
the 1917 and 1922 amendments, relating to remedies under State workmen's
compensation laws, were deleted. Such amendments were held
unconstitutional by the Supreme Court. (See Knickerbocker Ice Co. v.
Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and State of
Washington v. W. C. Dawson & Co., 1924, 44 S.Ct. 302, 264 U.S. 219, 68
L.Ed. 646.)
Words ''libellant or petitioner'' were substituted for ''suitors'' to
describe moving party in admiralty cases.
Changes were made in phraseology.
This section amends section 1333(a)(1) of title 28, U.S.C., by
substituting ''suitors'' for ''libellant or petitioner'' to conform to
the language of the law in existence at the time of the enactment of the
revision of title 28.
1949 -- Subd. (1). Act May 24, 1949, substituted ''suitors'' for
''libellant or petitioner''.
Admiralty and maritime jurisdiction of cases of damage or injury to
persons or property, caused by a vessel, whether done or consummated on
land, see section 740 of Title 46, Appendix, Shipping.
Admiralty suits against United States, jurisdiction, see sections 741
et seq. and 781 et seq. of Title 46, Appendix.
Jury trial in admiralty cases, see section 1873 of this title.
Limitation of vessel owner's liability, see section 181 et seq. of
Title 46, Appendix.
Prize --
Generally, see section 7651 et seq. of Title 10, Armed Forces.
Jurisdiction, see section 7652 of Title 10.
Seaman, definition of, see section 10101 of Title 46, Shipping.
28 USC 1334. Bankruptcy cases and proceedings
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as provided in subsection (b) of this section, the
district courts shall have original and exclusive jurisdiction of all
cases under title 11.
(b) Notwithstanding any Act of Congress that confers exclusive
jurisdiction on a court or courts other than the district courts, the
district courts shall have original but not exclusive jurisdiction of
all civil proceedings arising under title 11, or arising in or related
to cases under title 11.
(c)(1) Nothing in this section prevents a district court in the
interest of justice, or in the interest of comity with State courts or
respect for State law, from abstaining from hearing a particular
proceeding arising under title 11 or arising in or related to a case
under title 11.
(2) Upon timely motion of a party in a proceeding based upon a State
law claim or State law cause of action, related to a case under title 11
but not arising under title 11 or arising in a case under title 11, with
respect to which an action could not have been commenced in a court of
the United States absent jurisdiction under this section, the district
court shall abstain from hearing such proceeding if an action is
commenced, and can be timely adjudicated, in a State forum of
appropriate jurisdiction. Any decision to abstain or not to abstain
made under this subsection is not reviewable by appeal or otherwise by
the court of appeals under section 158(d), 1291, or 1292 of this title
or by the Supreme Court of the United States under section 1254 of this
title. This subsection shall not be construed to limit the
applicability of the stay provided for by section 362 of title 11,
United States Code, as such section applies to an action affecting the
property of the estate in bankruptcy.
(d) The district court in which a case under title 11 is commenced or
is pending shall have exclusive jurisdiction of all of the property,
wherever located, of the debtor as of the commencement of such case, and
of property of the estate.
(June 25, 1948, ch. 646, 62 Stat. 931; Nov. 6, 1978, Pub. L.
95-598, title II, 238(a), 92 Stat. 2667; July 10, 1984, Pub. L.
98-353, title I, 101(a), 98 Stat. 333; Oct. 27, 1986, Pub. L. 99-554,
title I, 144(e), 100 Stat. 3096; Dec. 1, 1990, Pub. L. 101-650, title
III, 309(b), 104 Stat. 5113.)
Based on title 28, U.S.C., 1940 ed., 41(19) and 371(6) (Mar. 3,
1911, ch. 231, 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160).
Changes in phraseology were made.
1990 -- Subsec. (c)(2). Pub. L. 101-650 inserted in second sentence
''or not to abstain'' after ''to abstain'' and ''by the court of appeals
under section 158(d), 1291, or 1292 of this title or by the Supreme
Court of the United States under section 1254 of this title'' before
period at end.
1986 -- Subsec. (d). Pub. L. 99-554 substituted ''and of property of
the estate'' for ''and of the estate''.
1984 -- Pub. L. 98-353 in amending section generally, substituted
''cases'' for ''matters'' in section catchline, designated existing
provision as subsec. (a), and in subsec. (a) as so designated,
substituted ''Except as provided in subsection (b) of this section, the
district'' for ''The district'' and ''original and exclusive
jurisdiction of all cases under title 11'' for ''original jurisdiction,
exclusive of the courts of the States, of all matters and proceedings in
bankruptcy'', and added subsecs. (b) to (d).
1978 -- Pub. L. 95-598 directed the general amendment of section to
relate to bankruptcy appeals, 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.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
Amendment by Pub. L. 98-353 effective July 10, 1984, except that
subsec. (c)(2) not applicable with respect to cases under Title 11,
Bankruptcy, that are pending on July 10, 1984, or to proceedings arising
in or related to such cases, see section 122(a), (b) of Pub. L. 98-353,
set out as an Effective Date note under section 151 of this title.
Section 115 of Pub. L. 98-353 provided that:
''(a) On the date of the enactment of this Act (July 10, 1984) the
appropriate district court of the United States shall have jurisdiction
of --
''(1) cases, and matters and proceedings in cases, under the
Bankruptcy Act (former Title 11, Bankruptcy) that are pending
immediately before such date in the bankruptcy courts continued by
section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92
Stat. 2687) (formerly set out as a note preceding section 151 of this
title), and
''(2) cases under title 11 of the United States Code, and proceedings
arising under title 11 of the United States Code or arising in or
related to cases under title 11 of the United States Code, that are
pending immediately before such date in the bankruptcy courts continued
by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92
Stat. 2687).
''(b) On the date of the enactment of this Act (July 10, 1984), there
shall be transferred to the appropriate district court of the United
States appeals from final judgments, orders, and decrees of the
bankruptcy courts pending immediately before such date in the bankruptcy
appellate panels appointed under section 405(c) of the Act of November
6, 1978 (Public Law 95-598; 92 Stat. 2685) (formerly set out as a note
preceding section 1471 of this title).''
28 USC 1335. Interpleader
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction of any civil
action of interpleader or in the nature of interpleader filed by any
person, firm, or corporation, association, or society having in his or
its custody or possession money or property of the value of $500 or
more, or having issued a note, bond, certificate, policy of insurance,
or other instrument of value or amount of $500 or more, or providing for
the delivery or payment or the loan of money or property of such amount
or value, or being under any obligation written or unwritten to the
amount of $500 or more, if
(1) Two or more adverse claimants, of diverse citizenship as defined
in section 1332 of this title, are claiming or may claim to be entitled
to such money or property, or to any one or more of the benefits arising
by virtue of any note, bond, certificate, policy or other instrument, or
arising by virtue of any such obligation; and if (2) the plaintiff has
deposited such money or property or has paid the amount of or the loan
or other value of such instrument or the amount due under such
obligation into the registry of the court, there to abide the judgment
of the court, or has given bond payable to the clerk of the court in
such amount and with such surety as the court or judge may deem proper,
conditioned upon the compliance by the plaintiff with the future order
or judgment of the court with respect to the subject matter of the
controversy.
(b) Such an action may be entertained although the titles or claims
of the conflicting claimants do not have a common origin, or are not
identical, but are adverse to and independent of one another.
(June 25, 1948, ch. 646, 62 Stat. 931.)
Based on title 28, U.S.C., 1940 ed., 41(26) (Mar. 3, 1911, ch. 231,
24, par. 26, as added Jan. 20, 1936, ch. 13, 1, 49 Stat. 1096).
Words ''civil action'' were substituted for ''suits in equity'';
word ''plaintiff'' was substituted for ''complainant''; and word
''judgment'' was substituted for ''decree,'' in order to make the
language of this section conform with the Federal Rules of Civil
Procedure.
The words ''duly verified'' following ''in the nature of
interpleader,'' near the beginning of the section, were omitted. Under
Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer
required to be verified or accompanied by affidavit unless specially
required by statute. Although verification was specially required by
section 41(26) of title 28, U.S.C., 1940 ed., the need therefor is not
apparent.
Provisions of section 41(26)(b) of title 28, U.S.C., 1940 ed.,
relating to venue are the basis of section 1397 of this title. (See,
also, reviser's note under said section.)
Subsections (c) and (d) of said section 41(26) relating to issuance
of injunctions constitute section 2361 of this title. (See reviser's
note under said section.)
Subsection (e) of such section 41(26), relating to defense in nature
of interpleader and joinder of additional parties, was omitted as
unnecessary, such matters being governed by the Federal Rules of Civil
Procedure.
Changes were made in phraseology.
Interpleader, injunctions and deposit in court, see rules 22, 65, and
67, Appendix to this title.
Form of complaint, see Form 18, Appendix to rules.
Actions on war risk insurance claims, see section 1292 of Title 46,
Appendix, Shipping.
Interpleader actions --
Process and procedure, see section 2361 of this title.
Venue, see section 1397 of this title.
28 USC 1336. Interstate Commerce Commission's orders
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as otherwise provided by Act of Congress, the district
courts shall have jurisdiction of any civil action to enforce, in whole
or in part, any order of the Interstate Commerce Commission, and to
enjoin or suspend, in whole or in part, any order of the Interstate
Commerce Commission for the payment of money or the collection of fines,
penalties, and forfeitures.
(b) When a district court or the United States Court of Federal
Claims refers a question or issue to the Interstate Commerce Commission
for determination, the court which referred the question or issue shall
have exclusive jurisdiction of a civil action to enforce, enjoin, set
aside, annul, or suspend, in whole or in part, any order of the
Interstate Commerce Commission arising out of such referral.
(c) Any action brought under subsection (b) of this section shall be
filed within 90 days from the date that the order of the Interstate
Commerce Commission becomes final.
(June 25, 1948, ch. 646, 62 Stat. 931; Aug. 30, 1964, Pub. L.
88-513, 1, 78 Stat. 695; Jan. 2, 1975, Pub. L. 93-584, 1, 88 Stat.
1917; Apr. 2, 1982, Pub. L. 97-164, title I, 128, 96 Stat. 39; Oct.
29, 1992, Pub. L. 102-572, title IX, 902(b)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 41(27), (28) (Mar. 3, 1911, ch.
231, 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32,
38 Stat. 219).
Words ''Except as otherwise provided by enactment of Congress'' were
inserted because of certain similar cases of which the courts of appeals
are given jurisdiction. (See, for example, section 21 of title 15,
U.S.C., 1940 ed., Commerce and Trade.)
Words ''any civil action'' were substituted for ''all cases'' and
''cases'' in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
1992 -- Subsec. (b). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Subsec. (b). Pub. L. 97-164 substituted ''United States
Claims Court'' for ''Court of Claims''.
1975 -- Subsec. (a). Pub. L. 93-584 substituted provisions that the
district courts shall have jurisdiction of civil actions to enforce, in
whole or in part, orders of the Interstate Commerce Commission, and to
enjoin or suspend, in whole or in part, any order of the Interstate
Commerce Commission for the payment of money or the collection of fines,
penalties, and forfeitures, for provisions that the district courts
shall have jurisdiction of civil actions to enforce, enjoin, set aside,
annul or suspend, in whole or in part, any order of the Interstate
Commerce Commission.
1964 -- Pub. L. 88-513 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 93-584 not applicable to actions commenced on
or before last day of first month beginning after Jan. 2, 1975, and
actions to enjoin or suspend orders of Interstate Commerce Commission
which are pending when this amendment becomes effective shall not be
affected thereby, but shall proceed to final disposition under the law
existing on the date they were commenced, see section 10 of Pub. L.
93-584, set out as a note under section 2321 of this title.
Procedure for enforcement and review of Interstate Commerce
Commission orders, see section 2321 et seq. of this title.
Venue of actions involving Interstate Commerce Commission's order,
see section 1398 of this title.
28 USC 1337. Commerce and antitrust regulations; amount in
controversy, costs
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction of any civil
action or proceeding arising under any Act of Congress regulating
commerce or protecting trade and commerce against restraints and
monopolies: Provided, however, That the district courts shall have
original jurisdiction of an action brought under section 11707 of title
49, only if the matter in controversy for each receipt or bill of lading
exceeds $10,000, exclusive of interest and costs.
(b) Except when express provision therefor is otherwise made in a
statute of the United States, where a plaintiff who files the case under
section 11707 of title 49, originally in the Federal courts is finally
adjudged to be entitled to recover less than the sum or value of
$10,000, computed without regard to any setoff or counterclaim to which
the defendant may be adjudged to be entitled, and exclusive of any
interest and costs, the district court may deny costs to the plaintiff
and, in addition, may impose costs on the plaintiff.
(c) The district courts shall not have jurisdiction under this
section of any matter within the exclusive jurisdiction of the Court of
International Trade under chapter 95 of this title.
(June 25, 1948, ch. 646, 62 Stat. 931; Oct. 20, 1978, Pub. L.
95-486, 9(a), 92 Stat. 1633; Oct. 10, 1980, Pub. L. 96-417, title V,
505, 94 Stat. 1743; Jan. 12, 1983, Pub. L. 97-449, 5(f), 96 Stat.
2442.)
Based on title 28, U.S.C., 1940 ed., 41(8), (23) (Mar. 3, 1911, ch.
231, 24, pars. 8, 23, 36 Stat. 1092, 1093; Oct. 22, 1913, ch. 32, 38
Stat. 219).
Words ''civil action'' were substituted for ''suits'', in view of
Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
1983 -- Pub. L. 97-449 substituted ''section 11707 of title 49'' for
''section 20(11) of part I of the Interstate Commerce Act (49 U.S.C.
20(11)) or section 219 of part II of such Act (49 U.S.C. 319)'' wherever
appearing.
1980 -- Subsec. (c). Pub. L. 96-417 added subsec. (c).
1978 -- Pub. L. 95-486 designated existing provisions as subsec.
(a), inserted proviso giving the district courts original jurisdiction
of actions brought under sections 20(11) and 219 of the Interstate
Commerce Act when the amounts in controversy for each receipt exceed
$10,000, exclusive of interests and costs, and added subsec. (b).
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
28 USC 1338. Patents, plant variety protection, copyrights, mask
works, trade-marks, and unfair competition
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction of any civil
action arising under any Act of Congress relating to patents, plant
variety protection, copyrights and trade-marks. Such jurisdiction shall
be exclusive of the courts of the states in patent, plant variety
protection and copyright cases.
(b) The district courts shall have original jurisdiction of any civil
action asserting a claim of unfair competition when joined with a
substantial and related claim under the copyright, patent, plant variety
protection or trade-mark laws.
(c) Subsections (a) and (b) apply to exclusive rights in mask works
under chapter 9 of title 17 to the same extent as such subsections apply
to copyrights.
(June 25, 1948, ch. 646, 62 Stat. 931; Dec. 24, 1970, Pub. L.
91-577, title III, 143(b), 84 Stat. 1559; Nov. 19, 1988, Pub. L.
100-702, title X, 1020(a)(4), 102 Stat. 4671.)
Based on title 28, U.S.C., 1940 ed., 41(7) and 371(5) (Mar. 3,
1911, ch. 231, 24, par. 7, 256, par. 5, 36 Stat. 1092, 1160).
Section consolidates section 41(7) with section 371 (5) of title 28,
U.S.C., 1940 ed., with necessary changes in phraseology.
Words ''of any civil action'' were substituted for ''all suits at law
or in equity'' and ''cases'' to conform section to Rule 2 of the Federal
Rules of Civil Procedure.
Word ''patents'' was substituted for ''patent-right'' in said section
371 (Fifth) of title 28, U.S.C., 1940 ed.
Similar provisions respecting suits cognizable in district courts,
including those of territories and possessions. (See section 34 of
title 17, U.S.C., 1940 ed., Copyrights.)
Subsection (b) is added and is intended to avoid ''piecemeal''
litigation to enforce common-law and statutory copyright, patent, and
trade-mark rights by specifically permitting such enforcement in a
single civil action in the district court. While this is the rule under
Federal decisions, this section would enact it as statutory authority.
The problem is discussed at length in Hurn v. Oursler (1933, 53 S.Ct.
586, 289 U.S. 238, 77 L.Ed. 1148) and in Musher Foundation v. Alba
Trading Co. (C.C.A. 1942, 127 F.2d 9) (majority and dissenting
opinions).
1988 -- Pub. L. 100-702, 1020(a)(4)(B), amended section catchline
generally, inserting ''mask works,'' after ''copyrights,''.
Subsec. (c). Pub. L. 100-702, 1020(a)(4)(A), added subsec. (c).
1970 -- Pub. L. 91-577 inserted references to ''plant variety
protection'' in section catchline and in subsecs. (a) and (b).
Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section
141 of Pub. L. 91-577, set out as an Effective Date note under section
2321 of Title 7, Agriculture.
Amount in controversy under this section, see Historical and Revision
Notes under section 1331 of this title.
Civil action to obtain patent or in case of interference, see
sections 145 and 146 of Title 35, Patents.
Court of Federal Claims, jurisdiction of claims against United States
for patent infringement, see section 1498 of this title.
Diversity of citizenship under this section, see Historical and
Revision Notes under section 1332 of this title.
Foreign Assistance Act of 1961, jurisdiction and legal remedy for
unauthorized use or disclosure of patents and technical information, see
section 2356 of Title 22, Foreign Relations and Intercourse.
Infringements of --
Copyrights and rights and remedies therefor, see section 501 et seq.
of Title 17, Copyrights.
Patents, see sections 271 et seq. and 281 et seq. of Title 35,
Patents.
Trade-marks, see sections 1057, 1114, 1115, and 1117 of Title 15,
Commerce and Trade.
Jurisdiction of trade-mark actions, see section 1121 of Title 15.
Pleading and proof in patent actions for infringement, see section
282 of Title 35, Patents.
Venue --
Patent or copyright actions, see section 1400 of this title.
Trade-mark infringement action, see section 1391(b) of this title.
28 USC 1339. Postal matters
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action arising under any Act of Congress relating to the postal service.
(June 25, 1948, ch. 646, 62 Stat. 932.)
Based on title 28, U.S.C., 1940 ed., 41(6) (Mar. 3, 1911, ch. 231,
24, par. 6, 36 Stat. 1092).
Changes were made in phraseology.
Amount in controversy immaterial in actions under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Postal laws in general, see Title 39, Postal Service.
28 USC 1340. Internal revenue; customs duties
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action arising under any Act of Congress providing for internal revenue,
or revenue from imports or tonnage except matters within the
jurisdiction of the Court of International Trade.
(June 25, 1948, ch. 646, 62 Stat. 932; Oct. 10, 1980, Pub. L.
96-417, title V, 501(21), 94 Stat. 1742.)
Based on title 28, U.S.C., 1940 ed., 41(5) (Mar. 3, 1911, ch. 231,
24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488, 1, 45 Stat. 1475).
Words ''Customs Court'' were substituted for ''Court of Customs and
Patent Appeals.'' Section 41(5) of title 28, U.S.C., 1940 ed., is based
on the Judicial Code of 1911. At that time the only court, other than
the district courts, having jurisdiction of customs cases, was the Court
of Customs Appeals which became the Court of Customs and Patent Appeals
in 1929. The Customs Court was created in 1926 as a court of original
jurisdiction over customs cases. (See reviser's note preceding section
251 of this title.)
Words ''any civil action'' were substituted for ''all cases'' in view
of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
1980 -- Pub. L. 96-417 redesignated the Customs Court as the Court
of International Trade.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Action by the United States --
Collection of unpaid estate tax, see section 7404 of Title 26,
Internal Revenue Code.
Enforcement of tax lien or subjection of property to payment of tax,
see section 7403 of Title 26.
Recovery of erroneous tax refund, see section 7405 of Title 26.
Action to clear title to property upon which tax lien filed by United
States, see section 7424 of Title 26.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Court of International Trade jurisdiction, see section 1581 et seq.
of this title.
Customs officers' immunity from liability, see section 1513 of Title
19, Customs Duties.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Jurisdiction of action for refund by taxpayer against United States,
see section 1346 of this title.
Prohibition of suits to restrain tax assessment or collection, see
section 7421 of Title 26, Internal Revenue Code.
Venue --
Action for collection of internal revenue taxes, see section 1396 of
this title.
Action for refund brought by taxpayer against collection officer, see
section 1391 of this title.
Action for refund brought by taxpayer against United States, see
section 1402 of this title.
Fines, penalties or forfeitures, generally, see section 1395 of this
title.
Judicial action to enforce forfeiture under internal revenue laws,
see section 7323 of Title 26, Internal Revenue Code.
28 USC 1341. Taxes by States
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall not enjoin, suspend or restrain the
assessment, levy or collection of any tax under State law where a plain,
speedy and efficient remedy may be had in the courts of such State.
(June 25, 1948, ch. 646, 62 Stat. 932.)
Based on title 28, U.S.C., 1940 ed., 41(1) (Mar. 3, 1911, ch. 231,
24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, 1, 48 Stat. 775;
Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54
Stat. 143).
This section restates the last sentence of section 41(1) of title 28,
U.S.C., 1940 ed.
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are
incorporated in sections 1331, 1332, 1342, 1345, 1354, and 1359 of this
title.
Words ''at law or in equity'' before ''in the courts of such State''
were omitted as unnecessary.
Words ''civil action'' were substituted for ''suit'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Words ''under State law'' were substituted for ''imposed by or
pursuant to the laws of any State'' for the same reason.
28 USC 1342. Rate orders of State agencies
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall not enjoin, suspend or restrain the
operation of, or compliance with, any order affecting rates chargeable
by a public utility and made by a State administrative agency or a
rate-making body of a State political subdivision, where:
(1) Jurisdiction is based solely on diversity of citizenship or
repugnance of the order to the Federal Constitution; and,
(2) The order does not interfere with interstate commerce; and,
(3) The order has been made after reasonable notice and hearing;
and,
(4) A plain, speedy and efficient remedy may be had in the courts of
such State.
(June 25, 1948, ch. 646, 62 Stat. 932.)
Based on title 28, U.S.C., 1940 ed., 41(1) (Mar. 3, 1911, ch. 231,
24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, 1, 48 Stat. 775;
Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54
Stat. 143).
This section rearranges and restates the fourth sentence of section
41(1) of title 28, U.S.C., 1940 ed.
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are
incorporated in sections 1331, 1332, 1341, 1345, 1354, and 1359 of this
title.
Words ''at law or in equity'' before ''in the courts of such State''
were omitted as unnecessary.
Words ''civil action'' were substituted for ''suit,'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Word ''operation'' was substituted for ''enforcement, operation or
execution'' for the same reason.
28 USC 1343. Civil rights and elective franchise
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction of any civil
action authorized by law to be commenced by any person:
(1) To recover damages for injury to his person or property, or
because of the deprivation of any right or privilege of a citizen of the
United States, by any act done in furtherance of any conspiracy
mentioned in section 1985 of Title 42;
(2) To recover damages from any person who fails to prevent or to aid
in preventing any wrongs mentioned in section 1985 of Title 42 which he
had knowledge were about to occur and power to prevent;
(3) To redress the deprivation, under color of any State law,
statute, ordinance, regulation, custom or usage, of any right, privilege
or immunity secured by the Constitution of the United States or by any
Act of Congress providing for equal rights of citizens or of all persons
within the jurisdiction of the United States;
(4) To recover damages or to secure equitable or other relief under
any Act of Congress providing for the protection of civil rights,
including the right to vote.
(b) For purposes of this section --
(1) the District of Columbia shall be considered to be a State; and
(2) any Act of Congress applicable exclusively to the District of
Columbia shall be considered to be a statute of the District of
Columbia.
(June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, ch. 1263, 42,
68 Stat. 1241; Sept. 9, 1957, Pub. L. 85-315, part III, 121, 71 Stat.
637; Dec. 29, 1979, Pub. L. 96-170, 2, 93 Stat. 1284.)
Based on title 28, U.S.C., 1940 ed., 41(12), (13), and (14) (Mar.
3, 1911, ch. 231, 24, pars. 12, 13, 14, 36 Stat. 1092).
Words ''civil action'' were substituted for ''suits,'' ''suits at law
or in equity'' in view of Rule 2 of the Federal Rules of Civil
Procedure.
Numerous changes were made in arrangement and phraseology.
1979 -- Pub. L. 96-170 designated existing provisions as subsec.
(a) and added subsec. (b).
1957 -- Pub. L. 85-315 inserted ''and elective franchise'' in
section catchline and added par. (4).
1954 -- Act Sept. 3, 1954, substituted ''section 1985 of Title 42''
for ''section 47 of Title 8'' wherever appearing.
Section 3 of Pub. L. 96-170 provided that: ''The amendments made by
this Act (amending this section and section 1983 of Title 42, The Public
Health and Welfare) shall apply with respect to any deprivation of
rights, privileges, or immunities secured by the Constitution and laws
occurring after the date of the enactment of this Act (Dec. 29, 1979).''
Generally, see section 1981 et seq. of Title 42, The Public Health
and Welfare.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Civil action for deprivation of civil rights, see section 1983 of
Title 42, The Public Health and Welfare.
Civil action or injunction for deprivation of voting rights, see
section 1971 of Title 42.
Conspiracy against rights of citizens constituting federal crime, see
section 241 of Title 18, Crimes and Criminal Procedure.
Conspiracy to interfere with civil rights, see section 1985 of Title
42, The Public Health and Welfare.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
28 USC 1344. Election disputes
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action to recover possession of any office, except that of elector of
President or Vice President, United States Senator, Representative in or
delegate to Congress, or member of a state legislature, authorized by
law to be commenced, where in it appears that the sole question touching
the title to office arises out of denial of the right to vote, to any
citizen offering to vote, on account of race, color or previous
condition of servitude.
The jurisdiction under this section shall extend only so far as to
determine the rights of the parties to office by reason of the denial of
the right, guaranteed by the Constitution of the United States and
secured by any law, to enforce the right of citizens of the United
States to vote in all the States.
(June 25, 1948, ch. 646, 62 Stat. 932.)
Based on title 28, U.S.C., 1940 ed., 41(15) (Mar. 3, 1911, ch. 231,
24, par. 15, 36 Stat. 1092).
Words ''civil action'' were substituted for ''suits,'' in view of
Rule 2 of the Federal Rules of Civil Procedure.
Words ''United States Senator'' were added, as no reason appears for
including Representatives and excluding Senators. Moreover, the
Seventeenth amendment, providing for the popular election of Senators,
was adopted after the passage of the 1911 law on which this section is
based.
Changes were made in phraseology.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Jurisdiction of action for damages for injuries in voting, see
section 1357 of this title.
28 USC 1345. United States as plaintiff
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise provided by Act of Congress, the district courts
shall have original jurisdiction of all civil actions, suits or
proceedings commenced by the United States, or by any agency or officer
thereof expressly authorized to sue by Act of Congress.
(June 25, 1948, ch. 646, 62 Stat. 933.)
Based on title 28, U.S.C., 1940 ed., 41(1) (Mar. 3, 1911, ch. 231,
24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, 1, 48 Stat. 775;
Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54
Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are
incorporated in sections 1331, 1332, 1341, 1342, 1354, and 1359 of this
title.
Words ''civil actions, suits or proceedings'' were substituted for
''suits of a civil nature, at common law or in equity'' in view of Rules
2 and 81(a)(7) of the Federal Rules of Civil Procedure.
Word ''agency'' was inserted in order that this section shall apply
to actions by agencies of the Government and to conform with special
acts authorizing such actions. (See definitive section 451 of this
title.)
The phrase ''Except as otherwise provided by Act of Congress,'' at
the beginning of the section was inserted to make clear that
jurisdiction exists generally in district courts in the absence of
special provisions conferring it elsewhere.
Changes were made in phraseology.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Jurisdiction of --
Action against national banking association, see section 1348 of this
title.
Action for enforcement of fines, penalties, or forfeitures, see
section 1355 of this title.
Bonds executed under federal law, see section 1352 of this title.
District courts in postal matters, see section 1339 of this title.
Third party tort liability for hospital and medical care, see section
2651 et seq. of Title 42, The Public Health and Welfare.
United States as party --
Generally, see section 2401 et seq. of this title.
Interstate Commerce Commission orders, see section 2322 of this
title.
28 USC 1346. United States as defendant
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction, concurrent
with the United States Court of Federal Claims, of:
(1) Any civil action against the United States for the recovery of
any internal-revenue tax alleged to have been erroneously or illegally
assessed or collected, or any penalty claimed to have been collected
without authority or any sum alleged to have been excessive or in any
manner wrongfully collected under the internal-revenue laws;
(2) Any other civil action or claim against the United States, not
exceeding $10,000 in amount, founded either upon the Constitution, or
any Act of Congress, or any regulation of an executive department, or
upon any express or implied contract with the United States, or for
liquidated or unliquidated damages in cases not sounding in tort, except
that the district courts shall not have jurisdiction of any civil action
or claim against the United States founded upon any express or implied
contract with the United States or for liquidated or unliquidated
damages in cases not sounding in tort which are subject to sections
8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. For the
purpose of this paragraph, an express or implied contract with the Army
and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges,
Coast Guard Exchanges, or Exchange Councils of the National Aeronautics
and Space Administration shall be considered an express or implied
contract with the United States.
(b) Subject to the provisions of chapter 171 of this title, the
district courts, together with the United States District Court for the
District of the Canal Zone and the District Court of the Virgin Islands,
shall have exclusive jurisdiction of civil actions on claims against the
United States, for money damages, accruing on and after January 1, 1945,
for injury or loss of property, or personal injury or death caused by
the negligent or wrongful act or omission of any employee of the
Government while acting within the scope of his office or employment,
under circumstances where the United States, if a private person, would
be liable to the claimant in accordance with the law of the place where
the act or omission occurred.
(c) The jurisdiction conferred by this section includes jurisdiction
of any set-off, counterclaim, or other claim or demand whatever on the
part of the United States against any plaintiff commencing an action
under this section.
(d) The district courts shall not have jurisdiction under this
section of any civil action or claim for a pension.
(e) The district courts shall have original jurisdiction of any civil
action against the United States provided in section 6226, 6228(a),
7426, or 7428 (in the case of the United States district court for the
District of Columbia) or section 7429 of the Internal Revenue Code of
1986.
(f) The district courts shall have exclusive original jurisdiction of
civil actions under section 2409a to quiet title to an estate or
interest in real property in which an interest is claimed by the United
States.
(June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, 2(a),
63 Stat. 62; May 24, 1949, ch. 139, 80(a), (b), 63 Stat. 101; Oct.
31, 1951, ch. 655, 50(b), 65 Stat. 727; July 30, 1954, ch. 648, 1,
68 Stat. 589; July 7, 1958, Pub. L. 85-508, 12(e), 72 Stat. 348;
Aug. 30, 1964, Pub. L. 88-519, 78 Stat. 699; Nov. 2, 1966, Pub. L.
89-719, title II, 202(a), 80 Stat. 1148; July 23, 1970, Pub. L.
91-350, 1(a), 84 Stat. 449; Oct. 25, 1972, Pub. L. 92-562, 1, 86
Stat. 1176; Oct. 4, 1976, Pub. L. 94-455, title XII, 1204(c)(1), title
XIII, 1306(b)(7), 90 Stat. 1697, 1719; Nov. 1, 1978, Pub. L. 95-563,
14(a), 92 Stat. 2389; Apr. 2, 1982, Pub. L. 97-164, title I, 129, 96
Stat. 39; Sept. 3, 1982, Pub. L. 97-248, title IV, 402(c)(17), 96
Stat. 669; Oct. 22, 1986, Pub. L. 99-514, 2, 100 Stat. 2095; Oct. 29,
1992, Pub. L. 102-572, title IX, 902(b)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 41(20), 931(a), 932 (Mar. 3,
1911, ch. 231, 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136,
1310(c), 42 Stat. 311; June 2, 1924, ch. 234, 1025(c), 43 Stat. 348;
Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27,
1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, 410(a), 411,
60 Stat. 843).
Section consolidates provisions of section 41(20) conferring
jurisdiction upon the district court, in civil actions against the
United States, with the first sentence of section 931(a) relating to
jurisdiction of the district courts in tort claims cases, and those
provisions of section 932 making the provisions of said section 41(20),
relating to counterclaim and set-off, applicable to tort claims cases,
all of title 28, U.S.C., 1940 ed.
Provision in section 931(a) of title 28, U.S.C., 1940 ed., for trials
without a jury, is incorporated in section 2402 of this revised title.
For other provisions thereof, see Distribution Table.
Words ''commencing an action under this section'' in subsec. (c) of
this revised section cover the provision in section 932 of title 28,
U.S.C., 1940 ed., requiring that the same provisions ''for counterclaim
and set-off'' shall apply to tort claims cases brought in the district
courts.
The phrase in section 931(a) of title 28, U.S.C., 1940 ed.,
''accruing on and after January 1, 1945'' was omitted because executed
as of the date of the enactment of this revised title.
Provisions in section 41(20) of title 28, U.S.C., 1940 ed., relating
to time for commencing action against United States and jury trial
constitute sections 2401 and 2402 of this title. (See reviser's notes
under said sections.)
Words in section 41(20) of title 28, U.S.C., 1940 ed., ''commenced
after passage of the Revenue Act of 1921'' were not included in revised
subsection (a)(1) because obsolete and superfluous. Actions under this
section involving erroneous or illegal assessments by the collector of
taxes would be barred unless filed within the 5-year limitation period
of section 1113(a) of the Revenue Act of 1926, 44 Stat. 9, 116. (See
United States v. A. S. Kreider Co., 1941, 61 S.Ct. 1007, 313 U.S. 443,
85 L.Ed. 1447.)
Words in section 41(20) of title 28, U.S.C., 1940 ed., ''if the
collector of internal revenue is dead or is not in office at the time
such action or proceeding is commenced'' were omitted.
The revised section retains the language of section 41(20) of title
28, U.S.C., 1940 ed., with respect to actions against the United States
if the collector is dead or not in office when action is commenced, and
consequently maintains the long existing distinctions in practice
between actions against the United States and actions against the
collector who made the assessment or collection. In the latter class of
actions either party may demand a jury trial while jury trial is denied
in actions against the United States. See section 2402 of this title.
In reality all such actions are against the United States and not
against local collectors. (See Lowe v. United States, 1938, 58 S.Ct.
896, 304 U.S. 302, 82 L.Ed. 1362; Manseau v. United States, D.C.Mich.
1943, 52 F.Supp. 395, and Combined Metals Reduction Co. v. United
States, D.C.Utah 1943, 53 F.Supp. 739.)
The revised subsection (c)(1) omitted clause: ''but no suit pending
on the 27th day of June 1898 shall abate or be affected by this
provision,'' contained in section 41(20) of title 28, U.S.C., 1940 ed.,
as obsolete and superfluous. The words contained in section 41(20) of
title 28, U.S.C., 1940 ed., ''claims growing out of the Civil War, and
commonly known as 'war-claims,' or to hear and determine other claims
which had been reported adversely prior to the 3d day of March 1887 by
any court, department, or commission authorized to have and determine
the same,'' were omitted for the same reason.
The words ''in a civil action or in admiralty,'' in subsection
(a)(2), were substituted for ''either in a court of law, equity, or
admiralty'' to conform to Rule 2 of the Federal Rules of Civil
Procedure.
Words in section 41(20) ''in respect to which claims the party would
be entitled to redress against the United States, either in a court of
law, equity, or admiralty, if the United States were suable'' were
omitted from subsection (a)(2) of this revised section as unnecessary.
See reviser's note under section 1491 of this title.
For jurisdiction of The Tax Court to review claims for refunds of
processing taxes collected under the unconstitutional Agriculture
Adjustment Act, see sections 644-659 of title 7, U.S.C., 1940 ed.,
Agriculture, and the 1942 Revenue Act, Act Oct. 21, 1942, ch. 610,
title V, 510(a), (c), (d), 56 Stat. 667. (See, also, Lamborn v.
United States, C.C.P.A. 1939, 104 F.2d 75, certiorari denied 60 S.Ct.
115, 308 U.S. 589, 84 L.Ed. 493.)
See, also, reviser's note under section 1491 of this title as to
jurisdiction of the Court of Claims in suits against the United States
generally. For venue of actions under this section, see section 1402 of
this title and reviser's note thereunder.
Minor changes were made in phraseology.
The provision of title 28, U.S.C., 932, which related to application
of the Federal Rules of Civil Procedure, were originally set out in
section 2676 of this revised title, but such section 2676 was eliminated
by Senate amendment. See 80th Congress Senate Report No. 1559,
amendment No. 61.
This section corrects typographical errors in section 1346(a)(1) of
title 28, U.S.C., and in section 1346(b) of such title.
The internal-revenue laws, referred to in subsec. (a)(1), are
classified generally to Title 26, Internal Revenue Code.
Sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978,
referred to in subsec. (a)(2), are classified to sections 607(g)(1) and
609(a)(1) of Title 41, Public Contracts.
Sections 6226, 6228(a), 7426, 7428, and 7429 of the Internal Revenue
Code of 1986, referred to in subsec. (e), are classified to sections
6226, 6228(a), 7426, 7428, and 7429, respectively, of Title 26, Internal
Revenue Code.
1992 -- Subsec. (a). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1986 -- Subsec. (e). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1982 -- Subsec. (a). Pub. L. 97-164 substituted ''United States
Claims Court'' for ''Court of Claims''.
Subsec. (e). Pub. L. 97-248 substituted ''section 6226, 6228(a),
7426, or'' for ''section 7426 or section''.
1978 -- Subsec. (a)(2). Pub. L. 95-563 excluded from the
jurisdiction of district courts civil actions or claims against the
United States founded upon any express or implied contract with the
United States or for damages in cases not sounding in tort subject to
sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978.
1976 -- Subsec. (e). Pub. L. 94-455 inserted ''or section 7429'' and
''or section 7428 (in the case of the United States district court for
the District of Columbia)'', after ''section 7426''.
1972 -- Subsec. (f). Pub. L. 92-562 added subsec. (f).
1970 -- Subsec. (a)(2). Pub. L. 91-350 specified that the term
''express or implied contracts with the United States'' includes express
or implied contracts with the Army and Air Force Exchange Service, Navy
Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange
Councils of the National Aeronautics and Space Administration.
1966 -- Subsec. (e). Pub. L. 89-719 added subsec. (e).
1964 -- Subsec. (d). Pub. L. 88-519 struck out provisions which
prohibited district courts from exercising jurisdiction of civil actions
or claims to recover fees, salary, or compensation for official services
of officers or employees of the United States.
1958 -- Subsec. (b). Pub. L. 85-508 struck out reference to District
Court for Territory of Alaska. See section 81A of this title which
establishes a United States District Court for the State of Alaska.
1954 -- Subsec. (a)(1). Act July 30, 1954, struck out language
imposing jurisdictional limitation of $10,000 on suits to recover taxes.
1951 -- Subsec. (d). Act Oct. 31, 1951, inserted references to
''claim'' and ''employees''.
1949 -- Subsec. (a)(1). Act May 24, 1949, 80(a), inserted '', (i)
if the claim does not exceed $10,000 or (ii)''.
Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, 80(b), made a
technical change to correct ''chapter 173'' to read ''chapter 171'', and
inserted ''on and after January 1, 1945'' after ''for money damages''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-248 applicable to partnership taxable years
beginning after Sept. 3, 1982, with provision for the applicability of
the amendment to any partnership taxable year ending after Sept. 3,
1982, if the partnership, each partner, and each indirect partner
requests such application and the Secretary of the Treasury or his
delegate consents to such application, see section 407(a)(1), (3) of
Pub. L. 97-248, set out as an Effective Date note under section 6221 of
Title 26, Internal Revenue Code.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 95-563 effective with respect to contracts
entered into 120 days after Nov. 1, 1978 and, at the election of the
contractor, with respect to any claim pending at such time before the
contracting officer or initiated thereafter, see section 16 of Pub. L.
95-563, set out as an Effective Date note under section 601 of Title 41,
Public Contracts.
Section 2 of Pub. L. 91-350 provided that:
''(a) In addition to granting jurisdiction over suits brought after
the date of enactment of this Act (July 23, 1970), the provisions of
this Act (amending this section and section 1491 of this title and
section 724a of former Title 31, Money and Finance) shall also apply to
claims and civil actions dismissed before or pending on the date of
enactment of this Act if the claim or civil action is based upon a
transaction, omission, or breach that occurred not more than six years
prior to the date of enactment of this Act (July 23, 1970).
''(b) The provisions of subsection (a) of this section shall apply
notwithstanding a determination or judgment made prior to the date of
enactment of this Act that the United States district courts or the
United States Court of Claims did not have jurisdiction to entertain a
suit on an express or implied contract with a nonappropriated fund
instrumentality of the United States described in section 1 of this
Act.''
Section 203 of title II of Pub. L. 89-719 provided that: ''The
amendments made by this title (amending this section and sections 1402
and 2410 of this title) shall apply after the date of the enactment of
this Act (Nov. 2, 1966).''
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of this title and preceding
section 21 of Title 48, Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Costs where United States is party, see rule 54, Appendix to this
title.
Costs where United States is party, see section 2412 of this title.
Court of Federal Claims jurisdiction, see section 1491 et seq. of
this title.
Interest on judgments against United States, see section 2411 of this
title.
Jury trial denied in actions under this section, see section 2402 of
this title.
Nuclear incident involving nuclear reactor of United States warship,
payment of claims or judgments for bodily injury, death, or damage
resulting from, see section 2211 of Title 42, The Public Health and
Welfare.
Remedy under this section for damages caused by operation of motor
vehicles by Government employees to be exclusive of any other civil
action or proceeding, see section 2679 of this title.
Tax Court jurisdiction, see section 7441 et seq. of Title 26,
Internal Revenue Code.
Time for commencing action against United States, see section 2401 of
this title.
Tort claims procedure, see section 2671 et seq. of this title.
Venue of actions against United States, see section 1402 of this
title.
3373, 3374, 8477; title 10 sections 1054, 1089;
title 22 sections 2702, 3761, 4606; title 23 section
307; title 25 sections 640d-17, 1680c; title 26
section 7422; title 29 section 938; title 38
sections 515, 1151, 7316; title 41 sections 113, 602;
title 42 sections 233, 405, 2212,
2221, 2223, 2458a,
4654, 5055; title 43 section 1737; title 46 App.
section 1242; title 47 section 606; title 49 App.
section 1540; title 50 App. sections 9, 2410.
28 USC 1347. Partition action where United States is joint tenant
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action commenced by any tenant in common or joint tenant for the
partition of lands where the United States is one of the tenants in
common or joint tenants.
(June 25, 1948, ch. 646, 62 Stat. 933.)
Based on title 28, U.S.C., 1940 ed., 41(25) (Mar. 3, 1911, ch. 231,
24, par. 25, 36 Stat. 1094).
The venue provision in section 41(25) of title 28, U.S.C., 1940 ed.,
is incorporated in section 1399 of this title.
Words ''civil action'' were substituted for ''suits in equity,'' in
view of Rule 2 of the Federal Rules of Civil Procedure.
A change was made in phraseology.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Venue of action for partition of lands where United States is tenant
in common or joint tenant, see section 1399 of this title.
28 USC 1348. Banking association as party
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action commenced by the United States, or by direction of any officer
thereof, against any national banking association, any civil action to
wind up the affairs of any such association, and any action by a banking
association established in the district for which the court is held,
under chapter 2 of Title 12, to enjoin the Comptroller of the Currency,
or any receiver acting under his direction, as provided by such chapter.
All national banking associations shall, for the purposes of all
other actions by or against them, be deemed citizens of the States in
which they are respectively located.
(June 25, 1948, ch. 646, 62 Stat. 933.)
Based on title 28, U.S.C., 1940 ed., 41(16) (Mar. 3, 1911, ch. 231,
24, par. 16, 36 Stat. 1092).
Words ''any civil action'' were substituted for ''all cases,'' in
view of Rule 2 of the Federal Rules of Civil Procedure.
Words ''real, personal, or mixed, and all suits in equity,'' after
''all other actions by or against them,'' were omitted as superfluous.
Functions vested by any provision of law in the Comptroller of the
Currency, referred to in this section, were not included in the transfer
of functions of officers, agencies and employees of the Department of
the Treasury to the Secretary of the Treasury, made by Reorg. Plan No.
26 of 1950, 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See
section 321(c)(2) of Title 31, Money and Finance.
Amount in controversy --
Immaterial in action other than on diverse citizenship, see
Historical and Revision Notes under section 1331 of this title.
Required in diverse citizenship action under this section, see
Historical and Revision Notes under section 1332 of this title.
Injunction by national bank against Comptroller of Currency denying
failure to redeem notes, see section 195 of Title 12, Banks and Banking.
Jurisdiction of action by or against --
Federal reserve bank, see section 632 of Title 12.
Liquidating agent of national bank, see section 197 of Title 12.
National bank receiver, see section 1345 of this title.
Powers of conservator of national bank, see section 203 of Title 12,
Banks and Banking.
Prohibition on state court from enjoining national bank, see section
91 of Title 12.
Venue of action --
Against national banking association, see section 94 of Title 12.
By banking association to enjoin the Comptroller of the Currency, see
section 1394 of this title.
28 USC 1349. Corporation organized under federal law as party
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall not have jurisdiction of any civil action
by or against any corporation upon the ground that it was incorporated
by or under an Act of Congress, unless the United States is the owner of
more than one-half of its capital stock.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Based on title 28, U.S.C., 1940 ed., 42 (Feb. 13, 1925, ch. 229,
12, 43 Stat. 941).
Words ''civil action'' were substituted for ''action or suit,'' in
view of Rule 2 of the Federal Rules of Civil Procedure.
Minor changes were made in phraseology.
Action arising under law of United States, see section 1331 of this
title.
Action by agency of United States, see section 1345 of this title.
Action by or against --
Federal land banks, see section 2012 of Title 12, Banks and Banking.
Federal reserve banks, see section 632 of Title 12.
National banking association, see section 1348 of this title.
28 USC 1350. Alien's action for tort
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action by an alien for a tort only, committed in violation of the law of
nations or a treaty of the United States.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Based on title 28, U.S.C., 1940 ed., 41(17) (Mar. 3, 1911, ch. 231,
24, par. 17, 36 Stat. 1093).
Words ''civil action'' were substituted for ''suits,'' in view of
Rule 2 of the Federal Rules of Civil Procedure.
Changes in phraseology were made.
Pub. L. 102-256, Mar. 12, 1992, 106 Stat. 73, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Torture Victim Protection Act of
1991'.
''SEC. 2. ESTABLISHMENT OF CIVIL ACTION.
''(a) Liability. -- An individual who, under actual or apparent
authority, or color of law, of any foreign nation --
''(1) subjects an individual to torture shall, in a civil action, be
liable for damages to that individual; or
''(2) subjects an individual to extrajudicial killing shall, in a
civil action, be liable for damages to the individual's legal
representative, or to any person who may be a claimant in an action for
wrongful death.
''(b) Exhaustion of Remedies. -- A court shall decline to hear a
claim under this section if the claimant has not exhausted adequate and
available remedies in the place in which the conduct giving rise to the
claim occurred.
''(c) Statute of Limitations. -- No action shall be maintained under
this section unless it is commenced within 10 years after the cause of
action arose.
''SEC. 3. DEFINITIONS.
''(a) Extrajudicial Killing. -- For the purposes of this Act, the
term 'extrajudicial killing' means a deliberated killing not authorized
by a previous judgment pronounced by a regularly constituted court
affording all the judicial guarantees which are recognized as
indispensable by civilized peoples. Such term, however, does not
include any such killing that, under international law, is lawfully
carried out under the authority of a foreign nation.
''(b) Torture. -- For the purposes of this Act --
''(1) the term 'torture' means any act, directed against an
individual in the offender's custody or physical control, by which
severe pain or suffering (other than pain or suffering arising only from
or inherent in, or incidental to, lawful sanctions), whether physical or
mental, is intentionally inflicted on that individual for such purposes
as obtaining from that individual or a third person information or a
confession, punishing that individual for an act that individual or a
third person has committed or is suspected of having committed,
intimidating or coercing that individual or a third person, or for any
reason based on discrimination of any kind; and
''(2) mental pain or suffering refers to prolonged mental harm caused
by or resulting from --
''(A) the intentional infliction or threatened infliction of severe
physical pain or suffering;
''(B) the administration or application, or threatened administration
or application, of mind altering substances or other procedures
calculated to disrupt profoundly the senses or the personality;
''(C) the threat of imminent death; or
''(D) the threat that another individual will imminently be subjected
to death, severe physical pain or suffering, or the administration or
application of mind altering substances or other procedures calculated
to disrupt profoundly the senses or personality.''
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
28 USC 1351. Consuls, vice consuls, and members of a diplomatic
mission as defendant
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction, exclusive of
the courts of the States, of all civil actions and proceedings against
--
(1) consuls or vice consuls of foreign states; or
(2) members of a mission or members of their families (as such terms
are defined in section 2 of the Diplomatic Relations Act).
(June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139,
80(c), 63 Stat. 101; Sept. 30, 1978, Pub. L. 95-393, 8(a)(1), 92 Stat.
810.)
Based on title 28, U.S.C., 1940 ed., 41(18), 371(8) (Mar. 3, 1911,
ch. 231, 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160).
Words ''civil action'' were substituted for ''suits,'' and ''all
suits and proceedings'' in view of Rule 2 of the Federal Rules of Civil
Procedure.
Changes were made in phraseology.
Section 2 of the Diplomatic Relations Act, referred to in par. (2),
is classified to section 254a of Title 22, Foreign Relations and
Intercourse.
1978 -- Pub. L. 95-393 substituted ''Consuls, vice consuls, and
members of a diplomatic mission as defendant'' for ''Consuls and vice
consuls as defendants'' in section catchline, designated existing
provisions as introductory provision preceding par. (1), and in such
introductory provision as so designated, substituted ''civil actions and
proceedings against -- '' for ''actions and proceedings against consuls
or vice consuls of foreign states'', and added pars. (1) and (2).
1949 -- Act May 24, 1949, substituted ''of all actions and
proceedings'' for ''of any civil action''.
Amendment by Pub. L. 95-393 effective at end of ninety-day period
beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393, set out
as an Effective Date note under section 254a of Title 22, Foreign
Relations and Intercourse.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Judicial power extended in cases affecting consuls, see Const. Art.
3, 2, cl. 1.
28 USC 1352. Bonds executed under federal law
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction, concurrent with
State courts, of any action on a bond executed under any law of the
United States, except matters within the jurisdiction of the Court of
International Trade under section 1582 of this title.
(June 25, 1948, ch. 646, 62 Stat. 934; Oct. 10, 1980, Pub. L.
96-417, title V, 506, 94 Stat. 1743.)
This section is necessary to permit actions in the district courts
upon any bond authorized by a law of the United States. In the absence
of this new provision, such actions could not be maintained except by
the United States, where the amount and other jurisdictional requisites
did not exist. The new section also makes clear that it does not affect
the right to prosecute such actions in State courts.
1980 -- Pub. L. 96-417 inserted exception for matters within the
jurisdiction of the Court of International Trade under section 1582 of
this title.
Amendment by Pub. L. 96-417 applicable with respect to civil actions
commenced on or after the 90th day after Nov. 1, 1980, see section
701(c)(1)(B) of Pub. L. 96-417, set out as a note under section 251 of
this title.
28 USC 1353. Indian allotments
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action involving the right of any person, in whole or in part of Indian
blood or descent, to any allotment of land under any Act of Congress or
treaty.
The judgment in favor of any claimant to an allotment of land shall
have the same effect, when properly certified to the Secretary of the
Interior, as if such allotment had been allowed and approved by him;
but this provision shall not apply to any lands held on or before
December 21, 1911, by either of the Five Civilized Tribes, the Osage
Nation of Indians, nor to any of the lands within the Quapaw Indian
Agency.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Based on title 28, U.S.C., 1940 ed., 41(24) (Mar. 3, 1911, ch. 231,
24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 Stat. 46).
Words ''any civil action'' were substituted for ''all actions, suits,
or proceedings,'' in view of Rule 2 of the Federal Rules of Civil
Procedure.
The sentence ''The right of appeal shall be allowed to either party
as in other cases'' was omitted as covered by section 1291 of this
title, relating to appeals to the court of appeals.
Changes in phraseology were made.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Jurisdiction of action for allotment, see section 345 of Title 25,
Indians.
28 USC 1354. Land grants from different states
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of actions
between citizens of the same state claiming lands under grants from
different states.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Based on title 28, U.S.C., 1940 ed., 41(1) (Mar. 3, 1911, ch. 231,
24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, 1, 48 Stat. 775;
Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54
Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are
incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1359 of this
title.
Changes were made in phraseology.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
28 USC 1355. Fine, penalty or forfeiture
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original jurisdiction, exclusive
of the courts of the States, of any action or proceeding for the
recovery or enforcement of any fine, penalty, or forfeiture, pecuniary
or otherwise, incurred under any Act of Congress, except matters within
the jurisdiction of the Court of International Trade under section 1582
of this title.
(b)(1) A forfeiture action or proceeding may be brought in --
(A) the district court for the district in which any of the acts or
omissions giving rise to the forfeiture occurred, or
(B) any other district where venue for the forfeiture action or
proceeding is specifically provided for in section 1395 of this title or
any other statute.
(2) Whenever property subject to forfeiture under the laws of the
United States is located in a foreign country, or has been detained or
seized pursuant to legal process or competent authority of a foreign
government, an action or proceeding for forfeiture may be brought as
provided in paragraph (1), or in the United States District court /1/
for the District of Columbia.
(c) In any case in which a final order disposing of property in a
civil forfeiture action or proceeding is appealed, removal of the
property by the prevailing party shall not deprive the court of
jurisdiction. Upon motion of the appealing party, the district court or
the court of appeals shall issue any order necessary to preserve the
right of the appealing party to the full value of the property at issue,
including a stay of the judgment of the district court pending appeal or
requiring the prevailing party to post an appeal bond.
(d) Any court with jurisdiction over a forfeiture action pursuant to
subsection (b) may issue and cause to be served in any other district
such process as may be required to bring before the court the property
that is the subject of the forfeiture action.
(June 25, 1948, ch. 646, 62 Stat. 934; Oct. 10, 1980, Pub. L.
96-417, title V, 507, 94 Stat. 1743; Oct. 28, 1992, Pub. L. 102-550,
title XV, 1521, 106 Stat. 4062.)
Based on title 28, U.S.C., 1940 ed., 41(9) and 371(2) (Mar. 3,
1911, ch. 231, 24, par. 9, 256, par. 2, 36 Stat. 1092, 1160).
Word ''fine'' was inserted so that this section will apply to the
many provisions in the United States Code for fines which are
essentially civil. (See, also, section 2461 of this title and reviser's
note thereunder.)
Words ''pecuniary or otherwise'' were added to make this section
expressly applicable to both pecuniary and property forfeitures. The
original section was so construed in Miller v. United States, 1870, 11
Wall. 268, 20 L.Ed. 135; Tyler v. Defrees, 1870, 11 Wall. 331, and
The Rosemary, C.C.A. 1928, 26 F.2d 354, certiorari denied 49 S.Ct. 23,
278 U.S. 619, 73 L.Ed. 542.
Changes were made in phraseology.
1992 -- Pub. L. 102-550 designated existing provisions as subsec.
(a) and added subsecs. (b) to (d).
1980 -- Pub. L. 96-417 inserted exception for matters within the
jurisdiction of the Court of International Trade under section 1582 of
this title.
Amendment by Pub. L. 96-417 applicable with respect to civil actions
commenced on or after the 90th day after Nov. 1, 1980, see section
701(c)(1)(B) of Pub. L. 96-417, set out as a note under section 251 of
this title.
Actions for forfeiture under customs laws, see section 1604 of Title
19, Customs Duties.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Fines, penalties and forfeitures, proceedings, see section 2461 et
seq. of this title.
Venue of action for fine, penalty, or forfeiture see section 1395 of
this title.
/1/ So in original. Probably should be capitalized.
28 USC 1356. Seizures not within admiralty and maritime jurisdiction
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction, exclusive of
the courts of the States, of any seizure under any law of the United
States on land or upon waters not within admiralty and maritime
jurisdiction, except matters within the jurisdiction of the Court of
International Trade under section 1582 of this title.
(June 25, 1948, ch. 646, 62 Stat. 934; Oct. 10, 1980, Pub. L.
96-417, title V, 508, 94 Stat. 1743.)
Based on title 28, U.S.C., 1940 ed., 41(3) and 371(4) (Mar. 3,
1911, ch. 231, 24, par. 3, 256, par. 4, 36 Stat. 1091, 1160; Oct. 6,
1917, ch. 97, 1, 40 Stat. 395; June 10, 1922, ch. 216, 1, 42 Stat.
634).
Section consolidates certain provisions of sections 41(3) and 371(4)
of title 28, U.S.C., 1940 ed. Other provisions of such sections are
incorporated in section 1333 of this title.
Changes were made in arrangement and phraseology.
1980 -- Pub. L. 96-417 inserted exception for matters within the
jurisdiction of the Court of International Trade under section 1582 of
this title.
Amendment by Pub. L. 96-417 applicable with respect to civil actions
commenced on or after the 90th day after Nov. 1, 1980, see section
701(c)(1)(B) of Pub. L. 96-417, set out as a note under section 251 of
this title.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
Jurisdiction of --
Admiralty, maritime and prize cases, see section 1333 of this title.
Fine, penalty, or forfeiture, see section 1355 of this title.
28 USC 1357. Injuries under Federal laws
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action commenced by any person to recover damages for any injury to his
person or property on account of any act done by him, under any Act of
Congress, for the protection or collection of any of the revenues, or to
enforce the right of citizens of the United States to vote in any State.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Based on title 28, U.S.C., 1940 ed., 41(11) (Mar. 3, 1911, ch. 231,
24, par. 11, 36 Stat. 1092.)
Words ''any civil action'' were substituted for ''all suits,'' in
view of Rule 2 of the Federal Rules of Civil Procedure.
Minor changes were made in phraseology.
Amount in controversy immaterial in action under this section, see
Historical and Revision Notes under section 1331 of this title.
Diversity of citizenship immaterial in action under this section, see
Historical and Revision Notes under section 1332 of this title.
28 USC 1358. Eminent domain
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of all
proceedings to condemn real estate for the use of the United States or
its departments or agencies.
(June 25, 1948, ch. 646, 62 Stat. 935.)
Based on section 257 of title 40, U.S.C., 1940 ed., Public Buildings,
Property, and Works (Aug. 1, 1888, ch. 728, 1, 25 Stat. 357; Mar. 3,
1911, ch. 231, 291, 36 Stat. 1167).
The venue provisions of section 257 of title 40, U.S.C., 1940 ed.,
are incorporated in section 1403 of this title.
Other provisions of section 257 of title 40, U.S.C., 1940 ed., are
retained in said title 40.
Changes were made in phraseology.
Procedure in condemnation proceedings, see rule 71A, Appendix to this
title.
Amount in controversy immaterial in proceedings under this section,
see Historical and Revision Notes under section 1331 of this title.
Armed forces, acquisition of property, see section 2663 of Title 10,
Armed Forces.
Coast Guard, acquisition of land, see section 92 of Title 14, Coast
Guard.
Condemnation of property, right of Government officials, see section
257 of Title 40, Public Buildings, Property, and Works.
Declaration of taking proceedings in eminent domain, see section 258a
et seq. of Title 40.
District of Columbia, procedure in condemnation proceedings, see D.C.
Code, 16-1301 et seq.
Irrigation project, acquisition of land, see section 421 of Title 43,
Public Lands.
Lumber production, acquisition of property for, see section 2664 of
Title 10, Armed Forces.
Reclamation projects, compensation for rights-of-way, see section
945b of Title 43, Public Lands.
River and harbor improvements, acquisition of land, see section 591
et seq. of Title 33, Navigation and Navigable Waters.
Tennessee Valley Authority, procedure in condemnation proceedings,
see section 831x of Title 16, Conservation.
Venue of eminent domain proceedings, see section 1403 of this title.
28 USC 1359. Parties collusively joined or made
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A district court shall not have jurisdiction of a civil action in
which any party, by assignment or otherwise, has been improperly or
collusively made or joined to invoke the jurisdiction of such court.
(June 25, 1948, ch. 646, 62 Stat. 935.)
Based on title 28, U.S.C., 1940 ed. 41(1) and 80 (Mar. 3, 1911,
ch. 231, 24(1), 37, 36 Stat. 1091, 1098; May 14, 1934, ch. 283, 1,
48 Stat. 775; Aug. 21, 1937, ch. 726, 1, 50 Stat. 738; Apr. 20, 1940,
ch. 117, 54 Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are
incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1354 of this
title.
Provisions of section 80 of title 28, U.S.C., 1940 ed., for payment
of costs upon dismissal of an action for lack of jurisdiction are
incorporated in section 1919 of this title. Other provisions of said
section 80 appear in section 1447 of this title.
Provisions of section 80 of title 28, U.S.C., 1940 ed., for dismissal
of an action not really and substantially involving a dispute or
controversy within the jurisdiction of a district court, were omitted as
unnecessary. Any court will dismiss a case not within its jurisdiction
when its attention is drawn to the fact, or even on its own motion.
The assignee clause in section 41(1) of title 28, U.S.C., 1940 ed.,
''is a jumble of legislative jargon.'' (For further references to the
consequences of ''its obscure phraseology,'' see, 35 Ill. Law Rev.,
January 1941, pp. 569-571.)
The revised section changes this clause by confining its application
to cases wherein the assignment is improperly or collusively made to
invoke jurisdiction. Furthermore, the difficulty of applying the
original clause is overcome and the original purpose of such clause is
better served by substantially following section 80 of title 28, U.S.C.,
1940 ed.
The assignee clause was incorporated in the original Judiciary Act of
1789. Such section 80 was enacted in 1875. The history of the assignee
clause ''shows clearly that its purpose and effect, at the time of its
enactment were to prevent the conferring of jurisdiction on the Federal
courts, on grounds of diversity of citizenship, by assignment, in cases
where it would not otherwise exist.'' (Sowell v. Federal Reserve Bank,
1925, 45 S.Ct. 528, 529, 268 U.S. 449, 453, 69 L.Ed. 1041, 1048.) Thus
the purpose of the assignee clause was to prevent the manufacture of
Federal jurisdiction by the device of assignment. It achieves this
purpose only partially. For example, the assignee clause excepts two
types of choses in action from its coverage: (1) Foreign bill of
exchange; and (2) corporate bearer paper. But this does not prevent
the use of assignment of these choses in action to create the necessary
diversity or alienage for jurisdictional purposes. Such section 80
does, however, prevent that. (See Bullard v. City of Cisco, 1933, 54
S.Ct. 177, 290 U.S. 179, 78 L.Ed. 254, 93 A.L.R. 141.) Its coverage
against collusive jurisdiction is unlimited, and its approach is direct.
The assignee clause, on the other hand, prevents the bona fide assignee
of a chose in action within its terms from resorting to the Federal
courts unless there is jurisdiction to support the assignee-plaintiff's
case and a showing that there would have been jurisdiction if the
assignor had brought the action in lieu of the assignee-plaintiff.
Since the assignee clause deals with the bona fide assignee, there has
been much litigation to determine the assignments which should or should
not be within the purview of the clause. Thus the courts have thought
it advisable to limit the term ''chose in action'' and exclude from its
scope (1) an implied in law duty or promise, and (2) a transfer of a
property interest; and to exclude an assignment by operation of law
from the coverage of the clause. Intermediate assignments and
reassignment also give difficulty.
Defenses and objections, pleadings allowed and form of motions, see
rules 7 and 12, Appendix to this title.
Parties, see rules 17 to 25.
Amendment of pleadings to show jurisdiction, see section 1653 of this
title.
Costs on dismissal for lack of jurisdiction, see section 1919 of this
title.
Removed cases, remand to State court for lack of jurisdiction, see
section 1447 of this title.
28 USC 1360. State civil jurisdiction in actions to which Indians are
parties
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each of the States listed in the following table shall have
jurisdiction over civil causes of action between Indians or to which
Indians are parties which arise in the areas of Indian country listed
opposite the name of the State to the same extent that such State has
jurisdiction over other civil causes of action, and those civil laws of
such State that are of general application to private persons or private
property shall have the same force and effect within such Indian country
as they have elsewhere within the State:
(b) Nothing in this section shall authorize the alienation,
encumbrance, or taxation of any real or personal property, including
water rights, belonging to any Indian or any Indian tribe, band, or
community that is held in trust by the United States or is subject to a
restriction against alienation imposed by the United States; or shall
authorize regulation of the use of such property in a manner
inconsistent with any Federal treaty, agreement, or statute or with any
regulation made pursuant thereto; or shall confer jurisdiction upon the
State to adjudicate, in probate proceedings or otherwise, the ownership
or right to possession of such property or any interest therein.
(c) Any tribal ordinance or custom heretofore or hereafter adopted by
an Indian tribe, band, or community in the exercise of any authority
which it may possess shall, if not inconsistent with any applicable
civil law of the State, be given full force and effect in the
determination of civil causes of action pursuant to this section.
(Added Aug. 15, 1953, ch. 505, 4, 67 Stat. 589; amended Aug. 24,
1954, ch. 910, 2, 68 Stat. 795; Aug. 8, 1958, Pub. L. 85-615, 2, 72
Stat. 545; Nov. 6, 1978, Pub. L. 95-598, title II, 239, 92 Stat.
2668; July 10, 1984, Pub. L. 98-353, title I, 110, 98 Stat. 342.)
1984 -- Subsec. (a). Pub. L. 98-353 struck out ''or Territories''
after ''Each of the States'', struck out ''or Territory'' after
''State'' in 5 places, and substituted ''within the State'' for ''within
the Territory'' in item relating to Alaska.
1978 -- Subsec. (a). Pub. L. 95-598 directed the amendment of
subsec. (a) by substituting in the item relating to Alaska ''within the
State'' for ''within the Territory'', 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.
1958 -- Subsec. (a). Pub. L. 85-615 gave Alaska jurisdiction over
civil causes of action between Indians or to which Indians are parties
which arise in all Indian country within the Territory of Alaska.
1954 -- Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe
within the provisions of this section.
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Section 6 of act Aug. 15, 1953, provided that: ''Notwithstanding
the provisions of any Enabling Act for the admission of a State, the
consent of the United States is hereby given to the people of any State
to amend, where necessary, their State constitution or existing
statutes, as the case may be, to remove any legal impediment to the
assumption of civil and criminal jurisdiction in accordance with the
provisions of this Act (adding this section and section 1162 of Title
18, Crimes and Criminal Procedure): Provided, That the provisions of
this Act shall not become effective with respect to such assumption of
jurisdiction by any such State until the people thereof have
appropriately amended their State constitution or statutes as the case
may be.''
Act Aug. 15, 1953, ch. 505, 7, 67 Stat. 590, which gave consent
of the United States to any other State not having jurisdiction with
respect to criminal offenses or civil causes of action, or with respect
to both, as provided for in this section and section 1162 of Title 18,
Crimes and Criminal Procedure, to assume jurisdiction at such time and
in such manner as the people of the State shall, by legislative action,
obligate and bind the State to assumption thereof, was repealed by
section 403(b) of Pub. L. 90-284, title IV, Apr. 11, 1968, 82 Stat.
79, such repeal not to affect any cession of jurisdiction made pursuant
to such section prior to its repeal.
Retrocession of jurisdiction by State acquired by State pursuant to
section 7 of Act Aug. 15, 1953, prior to its repeal, see section 1323
of Title 25, Indians.
28 USC 1361. Action to compel an officer of the United States to
perform his duty
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any action in
the nature of mandamus to compel an officer or employee of the United
States or any agency thereof to perform a duty owed to the plaintiff.
(Added Pub. L. 87-748, 1(a), Oct. 5, 1962, 76 Stat. 744.)
Writ of mandamus abolished in United States district courts, but
relief available by appropriate action or motion, see rule 81, Appendix
to this title.
42 sections 300j-9, 5851, 7622.
28 USC 1362. Indian tribes
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of all civil
actions, brought by any Indian tribe or band with a governing body duly
recognized by the Secretary of the Interior, wherein the matter in
controversy arises under the Constitution, laws, or treaties of the
United States.
(Added Pub. L. 89-635, 1, Oct. 10, 1966, 80 Stat. 880.)
28 USC 1363. Jurors' employment rights
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The district courts shall have original jurisdiction of any civil
action brought for the protection of jurors' employment under section
1875 of this title.
(Added Pub. L. 95-572, 6(b)(1), Nov. 2, 1978, 92 Stat. 2457.)
A prior section 1363 was renumbered section 1366 of this title.
Section 7 of Pub. L. 95-572 provided that:
''(a) Except as provided in subsection (b) of this section, the
amendments made by this Act (enacting this section and section 1875,
renumbering section 1363, relating to construction of references to laws
of the United States or Acts of Congress, as section 1364, and amending
sections 1863, 1865, 1866, 1869, and 1871 of this title) shall apply
with respect to any grand or petit juror summoned for service or
actually serving on or after the date of enactment of this Act (Nov. 2,
1978).
''(b) The amendment made by section 5 of this Act (amending section
1871 of this title) shall apply with respect to any grand or petit juror
serving on or after the sixtieth day following the date of enactment of
this Act (Nov. 2, 1978).''
28 USC 1364. Direct actions against insurers of members of diplomatic
missions and their families
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district courts shall have original and exclusive
jurisdiction, without regard to the amount in controversy, of any civil
action commenced by any person against an insurer who by contract has
insured an individual, who is, or was at the time of the tortious act or
omission, a member of a mission (within the meaning of section 2(3) of
the Diplomatic Relations Act (22 U.S.C. 254a(3))) or a member of the
family of such a member of a mission, or an individual described in
section 19 of the Convention on Privileges and Immunities of the United
Nations of February 13, 1946, against liability for personal injury,
death, or damage to property.
(b) Any direct action brought against an insurer under subsection (a)
shall be tried without a jury, but shall not be subject to the defense
that the insured is immune from suit, that the insured is an
indispensable party, or in the absence of fraud or collusion, that the
insured has violated a term of the contract, unless the contract was
cancelled before the claim arose.
(Added Pub. L. 95-393, 7(a), Sept. 30, 1978, 92 Stat. 809; amended
Pub. L. 97-241, title II, 203(b)(4), Aug. 24, 1982, 96 Stat. 291;
Pub. L. 100-204, title I, 138(a), Dec. 22, 1987, 101 Stat. 1347.)
Two other sections 1364 were renumbered sections 1365 and 1366 of
this title.
1987 -- Subsec. (a). Pub. L. 100-204 inserted '', or was at the time
of the tortious act or omission,'' after ''who is''.
1982 -- Subsec. (a). Pub. L. 97-241 substituted ''within the meaning
of section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))''
for ''as defined in the Vienna Convention on Diplomatic Relations''.
Section 138(b) of Pub. L. 100-204 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to the first
tortious act or omission occurring after the date of enactment of this
Act (Dec. 22, 1987).''
Amendment by Pub. L. 97-241 effective Oct. 1, 1982, see section 204
of Pub. L. 97-241, set out as an Effective Date note under section 4301
of Title 22, Foreign Relations and Intercourse.
Section effective at end of ninety-day period beginning on Sept. 30,
1978, see section 9 of Pub. L. 95-393, set out as a note under section
254a of Title 22, Foreign Relations and Intercourse.
28 USC 1365. Senate actions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The United States District Court for the District of Columbia
shall have original jurisdiction, without regard to the amount in
controversy, over any civil action brought by the Senate or any
authorized committee or subcommittee of the Senate to enforce, to secure
a declaratory judgment concerning the validity of, or to prevent a
threatened refusal or failure to comply with, any subpena or order
issued by the Senate or committee or subcommittee of the Senate to any
entity acting or purporting to act under color or authority of State law
or to any natural person to secure the production of documents or other
materials of any kind or the answering of any deposition or
interrogatory or to secure testimony or any combination thereof. This
section shall not apply to an action to enforce, to secure a declaratory
judgment concerning the validity of, or to prevent a threatened refusal
to comply with, any subpena or order issued to an officer or employee of
the Federal Government acting within his official capacity.
(b) Upon application by the Senate or any authorized committee or
subcommittee of the Senate, the district court shall issue an order to
an entity or person refusing, or failing to comply with, or threatening
to refuse or not to comply with, a subpena or order of the Senate or
committee or subcommittee of the Senate requiring such entity or person
to comply forthwith. Any refusal or failure to obey a lawful order of
the district court issued pursuant to this section may be held by such
court to be a contempt thereof. A contempt proceeding shall be
commenced by an order to show cause before the court why the entity or
person refusing or failing to obey the court order should not be held in
contempt of court. Such contempt proceeding shall be tried by the court
and shall be summary in manner. The purpose of sanctions imposed as a
result of such contempt proceeding shall be to compel obedience to the
order of the court. Process in any such action or contempt proceeding
may be served in any judicial district wherein the entity or party
refusing, or failing to comply, or threatening to refuse or not to
comply, resides, transacts business, or may be found, and subpenas for
witnesses who are required to attend such proceeding may run into any
other district. Nothing in this section shall confer upon such court
jurisdiction to affect by injunction or otherwise the issuance or effect
of any subpena or order of the Senate or any committee or subcommittee
of the Senate or to review, modify, suspend, terminate, or set aside any
such subpena or order. An action, contempt proceeding, or sanction
brought or imposed pursuant to this section shall not abate upon
adjournment sine die by the Senate at the end of a Congress if the
Senate or the committee or subcommittee of the Senate which issued the
subpena or order certifies to the court that it maintains its interest
in securing the documents, answers, or testimony during such
adjournment.
((c) Repealed. Pub. L. 98-620, title IV, 402(29)(D), Nov. 8, 1984,
98 Stat. 3359.)
(d) The Senate or any committee or subcommittee of the Senate
commencing and prosecuting a civil action or contempt proceeding under
this section may be represented in such action by such attorneys as the
Senate may designate.
(e) A civil action commenced or prosecuted under this section, may
not be authorized pursuant to the Standing Order of the Senate
''authorizing suits by Senate Committees'' (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term ''committee'' includes
standing, select, or special committees of the Senate established by law
or resolution.
(Added Pub. L. 95-521, title VII, 705(f)(1), Oct. 26, 1978, 92 Stat.
1879, 1364; amended Pub. L. 98-620, title IV, 402(29)(D), Nov. 8,
1984, 98 Stat. 3359; renumbered 1365, Pub. L. 99-336, 6(a)(1)(B),
June 19, 1986, 100 Stat. 638.)
1984 -- Subsec. (c). Pub. L. 98-620 struck out subsec. (c) which
provided that in any civil action or contempt proceeding brought
pursuant to this section, the court had to assign the action or
proceeding for hearing at the earliest practicable date and cause the
action or proceeding in every way to be expedited, and that any appeal
or petition for review from any order or judgment in such action or
proceeding had to be expedited in the same manner.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of this title.
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95-521,
set out as a note under section 288 of Title 2, The Congress.
28 USC 1366. Construction of references to laws of the United States
or Acts of Congress
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
For the purposes of this chapter, references to laws of the United
States or Acts of Congress do not include laws applicable exclusively to
the District of Columbia.
(Added Pub. L. 91-358, title I, 172(c)(1), July 29, 1970, 84 Stat.
590, 1363; renumbered 1364, Pub. L. 95-572, 6(b)(1), Nov. 2, 1978,
92 Stat. 2456; renumbered 1366, Pub. L. 99-336, 6(a)(1)(C), June 19,
1986, 100 Stat. 639.)
28 USC 1367. Supplemental jurisdiction
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as provided in subsections (b) and (c) or as expressly
provided otherwise by Federal statute, in any civil action of which the
district courts have original jurisdiction, the district courts shall
have supplemental jurisdiction over all other claims that are so related
to claims in the action within such original jurisdiction that they form
part of the same case or controversy under Article III of the United
States Constitution. Such supplemental jurisdiction shall include
claims that involve the joinder or intervention of additional parties.
(b) In any civil action of which the district courts have original
jurisdiction founded solely on section 1332 of this title, the district
courts shall not have supplemental jurisdiction under subsection (a)
over claims by plaintiffs against persons made parties under Rule 14,
19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by
persons proposed to be joined as plaintiffs under Rule 19 of such rules,
or seeking to intervene as plaintiffs under Rule 24 of such rules, when
exercising supplemental jurisdiction over such claims would be
inconsistent with the jurisdictional requirements of section 1332.
(c) The district courts may decline to exercise supplemental
jurisdiction over a claim under subsection (a) if --
(1) the claim raises a novel or complex issue of State law,
(2) the claim substantially predominates over the claim or claims
over which the district court has original jurisdiction,
(3) the district court has dismissed all claims over which it has
original jurisdiction, or
(4) in exceptional circumstances, there are other compelling reasons
for declining jurisdiction.
(d) The period of limitations for any claim asserted under subsection
(a), and for any other claim in the same action that is voluntarily
dismissed at the same time as or after the dismissal of the claim under
subsection (a), shall be tolled while the claim is pending and for a
period of 30 days after it is dismissed unless State law provides for a
longer tolling period.
(e) As used in this section, the term ''State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(Added Pub. L. 101-650, title III, 310(a), Dec. 1, 1990, 104 Stat.
5113.)
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to this title.
Section 310(c) of Pub. L. 101-650 provided that: ''The amendments
made by this section (enacting this section) shall apply to civil
actions commenced on or after the date of the enactment of this Act
(Dec. 1, 1990).''
28 USC CHAPTER 87 -- DISTRICT COURTS; VENUE
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
1391. Venue generally.
1392. Defendants or property in different districts in same State.
(1393. Repealed.)
1394. Banking association's action against Comptroller of Currency.
1395. Fine, penalty or forfeiture.
1396. Internal revenue taxes.
1397. Interpleader.
1398. Interstate Commerce Commission's orders.
1399. Partition action involving United States.
1400. Patents and copyrights.
1401. Stockholder's derivative action.
1402. United States as defendant.
1403. Eminent domain.
1404. Change of venue.
1405. Creation or alteration of district or division.
1406. Cure or waiver of defects.
1407. Multidistrict litigation.
1408. Venue of cases under title 11.
1409. Venue of proceedings arising under title 11 or arising in or
related to cases under title 11.
1410. Venue of cases ancillary to foreign proceedings.
1411. Jury trials.
1412. Change of venue.
1988 -- Pub. L. 100-702, title X, 1001(a), Nov. 19, 1988, 102
Stat. 4664, struck out item 1393 ''Divisions; single defendant;
defendants in different divisions''.
1984 -- Pub. L. 98-353, title I, 102(b), July 10, 1984, 98 Stat.
335, added items 1408 to 1412.
1978 -- Pub. L. 95-598, title II, 240(b), Nov. 6, 1978, 92 Stat.
2668, directed the addition of item 1408, ''Bankruptcy appeals'', 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.
1968 -- Pub. L. 90-296, 2, Apr. 29, 1968, 82 Stat. 110, added
item 1407.
Venue, see rules 18, 20 to 22, Title 18, Appendix, Crimes and
Criminal Procedure.
Criminal cases, venue, see sections 3235 et seq. of Title 18, Crimes
and Criminal Procedure.
Jurisdiction of district courts, see sections 1331 et seq. of this
title, and Historical and Revision Notes for section 1332 of this title.
Process, see section 1691 et seq. of this title.
28 USC 1391. Venue generally
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A civil action wherein jurisdiction is founded only on diversity
of citizenship may, except as otherwise provided by law, be brought only
in (1) a judicial district where any defendant resides, if all
defendants reside in the same State, (2) a judicial district in which a
substantial part of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the subject of the
action is situated, or (3) a judicial district in which the defendants
are subject to personal jurisdiction at the time the action is
commenced, if there is no district in which the action may otherwise be
brought.
(b) A civil action wherein jurisdiction is not founded solely on
diversity of citizenship may, except as otherwise provided by law, be
brought only in (1) a judicial district where any defendant resides, if
all defendants reside in the same State, (2) a judicial district in
which a substantial part of the events or omissions giving rise to the
claim occurred, or a substantial part of property that is the subject of
the action is situated, or (3) a judicial district in which any
defendant may be found, if there is no district in which the action may
otherwise be brought.
(c) For purposes of venue under this chapter, a defendant that is a
corporation shall be deemed to reside in any judicial district in which
it is subject to personal jurisdiction at the time the action is
commenced. In a State which has more than one judicial district and in
which a defendant that is a corporation is subject to personal
jurisdiction at the time an action is commenced, such corporation shall
be deemed to reside in any district in that State within which its
contacts would be sufficient to subject it to personal jurisdiction if
that district were a separate State, and, if there is no such district,
the corporation shall be deemed to reside in the district within which
it has the most significant contacts.
(d) An alien may be sued in any district.
(e) A civil action in which a defendant is an officer or employee of
the United States or any agency thereof acting in his official capacity
or under color of legal authority, or an agency of the United States, or
the United States, may, except as otherwise provided by law, be brought
in any judicial district in which (1) a defendant in the action resides,
(2) a substantial part of the events or omissions giving rise to the
claim occurred, or a substantial part of property that is the subject of
the action is situated, or (3) the plaintiff resides if no real property
is involved in the action. Additional persons may be joined as parties
to any such action in accordance with the Federal Rules of Civil
Procedure and with such other venue requirements as would be applicable
if the United States or one of its officers, employees, or agencies were
not a party.
The summons and complaint in such an action shall be served as
provided by the Federal Rules of Civil Procedure except that the
delivery of the summons and complaint to the officer or agency as
required by the rules may be made by certified mail beyond the
territorial limits of the district in which the action is brought.
(f) A civil action against a foreign state as defined in section
1603(a) of this title may be brought --
(1) in any judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred, or a substantial
part of property that is the subject of the action is situated;
(2) in any judicial district in which the vessel or cargo of a
foreign state is situated, if the claim is asserted under section
1605(b) of this title;
(3) in any judicial district in which the agency or instrumentality
is licensed to do business or is doing business, if the action is
brought against an agency or instrumentality of a foreign state as
defined in section 1603(b) of this title; or
(4) in the United States District Court for the District of Columbia
if the action is brought against a foreign state or political
subdivision thereof.
(June 25, 1948, ch. 646, 62 Stat. 935; Oct. 5, 1962, Pub. L.
87-748, 2, 76 Stat. 744; Dec. 23, 1963, Pub. L. 88-234, 77 Stat. 473;
Nov. 2, 1966, Pub. L. 89-714, 1, 2, 80 Stat. 1111; Oct. 21, 1976,
Pub. L. 94-574, 3, 90 Stat. 2721; Oct. 21, 1976, Pub. L. 94-583, 5,
90 Stat. 2897; Nov. 19, 1988, Pub. L. 100-702, title X, 1013(a), 102
Stat. 4669; Dec. 1, 1990, Pub. L. 101-650, title III, 311, 104 Stat.
5114; Dec. 9, 1991, Pub. L. 102-198, 3, 105 Stat. 1623; Oct. 29,
1992, Pub. L. 102-572, title V, 504, 106 Stat. 4513.)
Based on title 28, U.S.C., 1940 ed., 111, 112 (Mar. 3, 1911, ch.
231, 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849;
Mar. 4, 1925, ch. 526, 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49
Stat. 1213).
Section consolidates section 111 of title 28, U.S.C., 1940 ed., with
part of section 112 of such title.
The portion of section 112 of title 28, U.S.C., 1940 ed., relating to
venue generally constitutes this section and the parts relating to
arrest of the defendant, venue and process in stockholders' actions
constitute sections 1401, 1693, and 1695 of this title.
Provision in section 111 of title 28, U.S.C., 1940 ed., that a
district court may proceed as to parties before it although one or more
defendants do not reside in the district, and that its judgment shall be
without prejudice to such absent defendants, was omitted as covered by
rule 19(b) of the Federal Rules of Civil Procedure.
Word ''action'' was substituted for ''suit'' in view of Rule 2 of the
Federal Rules of Civil Procedure.
Word ''reside'' was substituted for ''whereof he is an inhabitant''
for clarity inasmuch as ''inhabitant'' and ''resident'' are synonymous.
(See Ex parte Shaw, 1892, 12 S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768;
Standard Stoker Co., Inc. v. Lower, D.C., 1931, 46 F.2d 678; Edgewater
Realty Co. v. Tennessee Coal, Iron & Railroad Co., D.C., 1943, 49
F.Supp. 807.)
Reference to ''all plaintiffs'' and ''all defendants'' were
substituted for references to ''the plaintiff'' and ''the defendant,''
in view of many decisions holding that the singular terms were used in a
collective sense. (See Smith v. Lyon, 1890, 10 S.Ct. 303, 133 U.S.
315, 33 L.Ed. 635; Hooe v. Jamieson, 1897, 17 S.Ct. 596, 166 U.S. 395,
41 L.Ed. 1049; and Fetzer v. Livermore, D.C., 1926, 15 F.2d 462.)
In subsection (c), references to defendants ''found'' within a
district or voluntarily appearing were omitted. The use of the word
''found'' made section 111 of title 28, U.S.C., 1940 ed., ambiguous.
The argument that an action could be brought in the district where one
defendant resided and a nonresident defendant was ''found,'' was
rejected in Camp v. Gress, 1919, 39 S.Ct. 478, 250 U.S. 308, 63 L.Ed.
997. However, this ambiguity will be obviated in the future by the
omission of such reference.
Subsection (d) of this section is added to give statutory recognition
to the weight of authority concerning a rule of venue as to which there
has been a sharp conflict of decisions. (See Sandusky Foundry & Machine
Co. v. DeLavand, 1918, D.C.Ohio, 251 F. 631, 632, and cases cited. See
also Keating v. Pennsylvania Co., 1917, D.C.Ohio, 245 F. 155 and cases
cited.)
Changes were made in phraseology.
The Federal Rules of Civil Procedure, referred to in subsec. (e),
are set out in the Appendix to this title.
1992 -- Subsec. (a)(3). Pub. L. 102-572 inserted before period at
end '', if there is no district in which the action may otherwise be
brought''.
1991 -- Subsec. (b). Pub. L. 102-198 substituted ''in (1)'' for ''if
(1)''.
1990 -- Subsec. (a). Pub. L. 101-650, 311(1), substituted cls. (1)
to (3) for ''the judicial district where all plaintiffs or all
defendants reside, or in which the claim arose''.
Subsec. (b). Pub. L. 101-650, 311(2), substituted ''may, except as
otherwise provided by law, be brought only if'' and cls. (1) to (3) for
''may be brought only in the judicial district where all defendants
reside, or in which the claim arose, except as otherwise provided by
law''.
Subsec. (e). Pub. L. 101-650, 311(3), substituted ''(2) a
substantial part of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the subject of the
action is situated, or (3)'' for ''or (2) the cause of action arose, or
(3) any real property involved in the action is situated, or (4)''.
1988 -- Subsec. (c). Pub. L. 100-702 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ''A corporation may
be sued in any judicial district in which it is incorporated or licensed
to do business or is doing business, and such judicial district shall be
regarded as the residence of such corporation for venue purposes.''
1976 -- Subsec. (e). Pub. L. 94-574 provided that, in actions
against the United States, its agencies, or officers or employees in
their official capacities, additional persons may be joined in
accordance with the Federal Rules of Civil Procedure and with other
venue requirements which would be applicable if the United States, its
agencies, or one of its officers or employees were not a party.
Subsec. (f). Pub. L. 94-583 added subsec. (f).
1966 -- Subsec. (a). Pub. L. 89-714, 1, authorized a civil action
to be brought in the judicial district in which the claim arose.
Subsec. (b). Pub. L. 89-714, 1, authorized a civil action to be
brought in the judicial district in which the claim arose.
Subsec. (f). Pub. L. 89-714, 2, repealed subsec. (f) which
permitted a civil action on a tort claim arising out of the manufacture,
assembly, repair, ownership, maintenance, use, or operation of an
automobile to be brought in the judicial district wherein the act or
omission complained of occurred. Present provisions are now contained
in subsecs. (a) and (b) of this section.
1963 -- Subsec. (f). Pub. L. 88-234 added subsec. (f)
1962 -- Subsec. (e). Pub. L. 87-748 added subsec. (e).
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.
Section 1013(b) of title X of Pub. L. 100-702 provided that: ''The
amendment made by this section (amending this section) takes effect 90
days after the date of enactment of this title (Nov. 19, 1988).''
Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976,
see section 8 of Pub. L. 94-583, set out as an Effective Date note
under section 1602 of this title.
Venue unaffected, see rule 82, Appendix to this title.
Antitrust laws, actions under, see sections 15 and 22 of Title 15,
Commerce and Trade.
Change of venue, see section 1404 of this title.
Diversity of citizenship, jurisdiction of district courts, see
section 1332 of this title.
Place of arrest in civil action, see section 1693 of this title.
Process, see sections 1691 et seq. of this title.
Process in stockholder's derivative action, see section 1695 of this
title.
Residence --
Federal National Mortgage Association as resident of District of
Columbia, see section 1717 of Title 12, Banks and Banking.
International Finance Corporation as inhabitant of Federal judicial
district in which principal office in United States is located, see
section 282f of Title 22, Foreign Relations and Intercourse.
Saint Lawrence Seaway Development Corporation as resident of northern
judicial district of New York, see section 984 of Title 33, Navigation
and Navigable Waters.
Waiver of venue, see section 1406 of this title.
28 USC 1392. Defendants or property in different districts in same
State
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any civil action, not of a local nature, against defendants
residing in different districts in the same State, may be brought in any
of such districts.
(b) Any civil action, of a local nature, involving property located
in different districts in the same State, may be brought in any of such
districts.
(June 25, 1948, ch. 646, 62 Stat. 935.)
Based on title 28, U.S.C., 1940 ed., 113, 116 (Mar. 3, 1911, ch.
231, 52, 55, 36 Stat. 1101, 1102).
Section consolidates section 113 of title 28, U.S.C., 1940 ed., with
section 116 of such title.
Last sentence of section 113 of title 28, U.S.C., 1940 ed., relating
to execution on judgments or decrees, was omitted as covered by section
2001 et seq. of this title.
Words ''civil action'' were substituted for ''suit'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Words of said section 113, ''against a single defendant, inhabitant
of such State, must be brought in the district where he resides'' were
omitted as covered by section 1391 of this title.
Words of section 116 of title 28, U.S.C., 1940 ed., ''land or other
subject matter of a fixed character'' were deleted and the word
''property'' substituted for flexibility and uniformity. (See sections
754, 1692, of this title and reviser's notes thereunder.)
Words of said section 116, ''and the court in which it is brought
shall have jurisdiction to hear and decide it, and to cause mesne or
final process to be issued and executed, as fully as if the said subject
matter were wholly within the district for which such court is
constituted'' were omitted as surplusage and fully covered by Rule 4 of
the Federal Rules of Civil Procedure. Said rule also covers the
following omitted language: ''A duplicate writ may be issued against
the defendants, directed to the marshal of any other district in which
any defendant resides.''
Changes were made in phraseology.
28 USC ( 1393. Repealed. Pub. L. 100-702, title X, 1001(a), Nov. 19,
1988, 102 Stat. 4664)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, act June 25, 1948, ch. 646, 62 Stat. 935, related to
divisional venue in civil cases of a single defendant or defendants in
different divisions.
Section 1001(b) of Pub. L. 100-702 provided that: ''The amendments
made by this section (repealing this section) take effect 90 days after
the date of enactment of this Act (Nov. 19, 1988).''
28 USC 1394. Banking association's action against Comptroller of
Currency
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any civil action by a national banking association to enjoin the
Comptroller of the Currency, under the provisions of any Act of Congress
relating to such associations, may be prosecuted in the judicial
district where such association is located.
(June 25, 1948, ch. 646, 62 Stat. 935.)
Based on title 28, U.S.C., 1940 ed., 110 (Mar. 3, 1911, ch. 231,
49, 36 Stat. 1100).
Words ''Any civil action'' were substituted for ''All proceedings,''
in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Functions vested by any provision of law in the Comptroller of the
Currency, referred to in this section, were not included in the transfer
of functions of officers, agencies and employees of the Department of
the Treasury to the Secretary of the Treasury, made by Reorg. Plan No.
26 of 1950, 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See
section 321(c)(2) of Title 31, Money and Finance.
Jurisdiction of district court in banking association's action
against the Comptroller of the Currency, see section 1348 of this title.
28 USC 1395. Fine, penalty or forfeiture
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A civil proceeding for the recovery of a pecuniary fine, penalty
or forfeiture may be prosecuted in the district where it accrues or the
defendant is found.
(b) A civil proceeding for the forfeiture of property may be
prosecuted in any district where such property is found.
(c) A civil proceeding for the forfeiture of property seized outside
any judicial district may be prosecuted in any district into which the
property is brought.
(d) A proceeding in admiralty for the enforcement of fines, penalties
and forfeitures against a vessel may be brought in any district in which
the vessel is arrested.
(e) Any proceeding for the forfeiture of a vessel or cargo entering a
port of entry closed by the President in pursuance of law, or of goods
and chattels coming from a State or section declared by proclamation of
the President to be in insurrection, or of any vessel or vehicle
conveying persons or property to or from such State or section or
belonging in whole or in part to a resident thereof, may be prosecuted
in any district into which the property is taken and in which the
proceeding is instituted.
(June 25, 1948, ch. 646, 62 Stat. 936.)
Based on title 28, U.S.C., 1940 ed., 104, 106, 107, and 108, and
section 3745(c) of title 26, U.S.C., 1940 ed., Internal Revenue Code
(Mar. 3, 1911, ch. 231, 43, 45, 46, 47, 36 Stat. 1100; Feb. 10, 1939,
ch. 2, 3745(c), 53 Stat. 460).
This section consolidates section 3745(c) of title 26, U.S.C., 1940
ed., with sections 104, 106, 107, and 108 of title 28, U.S.C., 1940 ed.,
relating to venue in civil proceedings to recover and enforce civil
fines, penalties, and forfeitures, pecuniary or otherwise. Subsection
(a) is based on said section 104 of title 28 and said section 3745(c) of
title 26. Subsections (b) and (c) consolidate such sections 106 and 107
of title 28. Subsection (e) is based on such section 108 of title 28.
Subsection (b) substituted words ''may be prosecuted in any district
where such property is found'' for ''shall be prosecuted in the district
where the seizure is made,'' to include not only property seized, but
also all other property subject to forfeiture.
Words ''civil'' and ''fine'' were inserted to make this section
applicable to the many provisions of the United States Code for fines
essentially civil. (See reviser's note under section 1355 of this
title.)
Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that
such suit may be brought ''before any other court of competent
jurisdiction'' were omitted as misleading surplusage, since United
States district courts, under section 1355 of this title, have exclusive
jurisdiction.
Subsection (d) was added for completeness and clarity.
Changes were made in phraseology.
While section 3745(c) of Title 26, U.S.C., Internal Revenue Code, is
one of the sources of this section, it was eliminated from the schedule
of repeals by Senate amendment. Therefore, such section 3745(c) remains
in Title 26. See 80th Congress Senate Report No. 1559.
Jurisdiction of district court in action to recover fines, penalties,
or forfeitures, see section 1355 of this title.
881; title 26 section 7410.
28 USC 1396. Internal revenue taxes
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any civil action for the collection of internal revenue taxes may be
brought in the district where the liability for such tax accrues, in the
district of the taxpayer's residence, or in the district where the
return was filed.
(June 25, 1948, ch. 646, 62 Stat. 936.)
Based on title 28, U.S.C., 1940 ed., 105, and section 3744 of title
26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231,
44, 36 Stat. 1100; Feb. 10, 1939, ch. 2, 3744, 53 Stat. 460).
Section consolidates section 3744 of title 26, U.S.C., 1940 ed.,
Internal Revenue Code, with section 105 of title 28, U.S.C., 1940 ed.
Words ''or in the district where the return was filed'' are new.
This extension of venue will permit of an action in a district easily
determinable for collection of revenue earned in several districts, or
States, but the return for which is filed with one collector.
Changes were made in phraseology.
While section 3744 of Title 26, U.S.C., Internal Revenue Code (1939),
is one of the sources of this section, it was eliminated from the
schedule of repeals by Senate amendment. Therefore, it remains in Title
26 (I.R.C. 1939). See 80th Congress Senate Report No. 1559.
Jurisdiction of district courts in actions or proceedings under
internal-revenue laws, see section 7402 of Title 26, Internal Revenue
Code.
28 USC 1397. Interpleader
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any civil action of interpleader or in the nature of interpleader
under section 1335 of this title may be brought in the judicial district
in which one or more of the claimants reside.
(June 25, 1948, ch. 646, 62 Stat. 936.)
Based on title 28, U.S.C., 1940 ed., 41(26) (Mar. 3, 1911, ch. 231,
24, par. 26, as added Jan. 20, 1936, ch. 13, 1, 49 Stat. 1096).
Provisions of section 41(26) of title 28, U.S.C., 1940 ed., relating
to jurisdiction are the basis of section 1335 of this title and other
provisions thereof are incorporated in section 2361 of this title.
Words ''civil action'' were substituted for ''suit,'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Process and procedure in interpleader actions, see section 2361 of
this title.
28 USC 1398. Interstate Commerce Commission's orders
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as otherwise provided by law, a civil action brought under
section 1336(a) of this title shall be brought only in a judicial
district in which any of the parties bringing the action resides or has
its principal office.
(b) A civil action to enforce, enjoin, set aside, annul, or suspend,
in whole or in part, an order of the Interstate Commerce Commission made
pursuant to the referral of a question or issue by a district court or
by the United States Court of Federal Claims, shall be brought only in
the court which referred the question or issue.
(June 25, 1948, ch. 646, 62 Stat. 936; Aug. 30, 1964, Pub. L.
88-513, 2, 78 Stat. 695; Jan. 2, 1975, Pub. L. 93-584, 2, 88 Stat.
1917; Apr. 2, 1982, Pub. L. 97-164, title I, 130, 96 Stat. 39; Oct.
29, 1992, Pub. L. 102-572, title IX, 902(b)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 43 (Oct. 22, 1913, ch. 32, 38
Stat. 219).
This section is completely rewritten to give effect to changes
recommended by the Judicial Conference of the United States.
Section 43 of title 28, U.S.C., 1940 ed., is as follows:
'' 43. Venue of suits relating to orders of Interstate Commerce
Commission.
''The venue of any suit brought to enforce, suspend, or set aside, in
whole or in part, any order of the Interstate Commerce Commission shall
be in the judicial district wherein is the residence of the party or any
of the parties upon whose petition the order was made, except that where
the order does not relate to transportation or is not made upon the
petition of any party the venue shall be in the district where the
matter complained of in the petition before the commission arises, and
except that where the order does not relate either to transportation or
to a matter so complained of before the commission the matter covered by
the order shall be deemed to arise in the district where one of the
petitioners in court has either its principal office or its principal
operating office. In case such transportation relates to a through
shipment the term 'destination' shall be construed as meaning final
destination of such shipment.'' The amendment of section 207 of title
28, U.S.C., 1940 ed., proposed by the Judicial Conference is:
''Except as otherwise provided in the Act entitled 'An Act to
Regulate Commerce', approved February 4, 1887, as amended, the venue of
any suit brought to enforce, suspend, or set aside, in whole or in part,
any order of the Interstate Commerce Commission shall be in the judicial
district wherein is the residence of the party or any of the parties
bringing the suit or wherein such party or any of such parties has its
principal office.''
The revised section substitutes the words ''Except as otherwise
provided by law'' for the words of the conference bill, ''in the act
entitled 'An Act to Regulate Commerce, approved February 4, 1887, as
amended'''. (See section 16 of title 49, U.S.C., 1940 ed., which
provides for jurisdiction and venue of actions to enforce Interstate
Commerce Commission orders for the payment of money.)
1992 -- Subsec. (b). Pub. L. 102-572 substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Subsec. (b). Pub. L. 97-164 substituted ''United States
Claims Court'' for ''Court of Claims''.
1975 -- Subsec. (a). Pub. L. 93-584 substituted provisions that
civil actions under section 1336(a) of this title shall be brought only
in a judicial district in which any of the parties bringing the action
resides or has its principal office, for provisions that civil actions
to enforce, suspend, or set aside in whole or in part orders of the
Interstate Commerce Commission shall be brought in such judicial
district.
1964 -- Pub. L. 88-513 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 93-584 not applicable to actions commenced on
or before last day of first month beginning after Jan. 2, 1975, and
actions to enjoin or suspend orders of Interstate Commerce Commission
which are pending when this amendment becomes effective shall not be
affected thereby, but shall proceed to final disposition under the law
existing on the date they were commenced, see section 10 of Pub. L.
93-584, set out as a note under section 2321 of this title.
Enforcement and review of Interstate Commerce Commission's orders,
see section 2321 et seq. of this title.
Jurisdiction of district courts in actions involving Interstate
Commerce Commission's orders, see section 1336 of this title.
28 USC 1399. Partition action involving United States
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any civil action by any tenant in common or joint tenant for the
partition of lands, where the United States is one of the tenants in
common or joint tenants, may be brought only in the judicial district
where such lands are located or, if located in different districts in
the same State, in any of such districts.
(June 25, 1948, ch. 646, 62 Stat. 936.)
Based on title 28, U.S.C., 1940 ed., 41(25) (Mar. 3, 1911, ch. 231,
24, par. 25, 36 Stat. 1094).
Provisions of section 41(25) of title 28, U.S.C., 1940 ed., relating
to jurisdiction are the basis of section 1347 of this title.
Words ''civil action'' were substituted for ''suits in equity,'' in
view of Rule 2 of the Federal Rules of Civil Procedure.
Provision with respect to property in different districts was added
to conform with section 1392 of this title.
Changes were made in phraseology.
Jurisdiction of district court in partition action where United
States is tenant in common or joint tenant, see section 1347 of this
title.
28 USC 1400. Patents and copyrights
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Civil actions, suits, or proceedings arising under any Act of
Congress relating to copyrights or exclusive rights in mask works may be
instituted in the district in which the defendant or his agent resides
or may be found.
(b) Any civil action for patent infringement may be brought in the
judicial district where the defendant resides, or where the defendant
has committed acts of infringement and has a regular and established
place of business.
(June 25, 1948, ch. 646, 62 Stat. 936; Nov. 19, 1988, Pub. L.
100-702, title X, 1020(a)(5), 102 Stat. 4671.)
Based on title 28, U.S.C., 1940 ed., 109, and section 35 of title
17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, 35, 35 Stat.
1084; Mar. 3, 1911, ch. 231, 48, 36 Stat. 1100).
Section consolidates section 35 of title 17, U.S.C., 1940 ed., with
part of section 109 of title 28, U.S.C., 1940 ed., with necessary
changes in phraseology.
Subsection (b) is based on section 109 of title 28, U.S.C., 1940 ed.,
with the following changes:
Words ''civil action'' were substituted for ''suit,'' and words ''in
law or in equity,'' after ''shall have jurisdiction'' were deleted, in
view of Rule 2 of the Federal Rules of Civil Procedure.
Words in subsection (b) ''where the defendant resides'' were
substituted for ''of which the defendant is an inhabitant.'' A
corresponding change was made in subsection (a). Words ''inhabitant''
and ''resident,'' as respects venue, are synonymous. (See reviser's
note under section 1391 of this title.)
Words ''whether a person, partnership, or corporation'' before ''has
committed'' were omitted as surplusage.
The provisions of section 109 of title 28, U.S.C., 1940 ed., relating
to process are incorporated in section 1694 of this title.
Jurisdiction and venue of patent suits against residents of foreign
countries or persons residing in plurality of districts, see section 72a
of title 35, U.S.C., 1940 ed., Patents.
Title 17 of the United States Code was enacted into positive law by
act July 30, 1947, ch. 391, 61 Stat. 652, and, in such enactment,
section 35 of the prior title became section 111 of the new title, and
all Acts from which sections of the prior title had been derived, were
repealed. Therefore, this paragraph should read: ''Based on Title 28,
U.S.C., 1940 ed., 109 (Mar. 3, 1911, ch. 231, 48, 36 Stat. 1100), and
section 111 of Title 17, U.S.C., 1946 ed., Copyrights.'' By Senate
amendment, section 111 of Title 17 U.S.C., is included in the schedule
of repeals. See 80th Congress Senate Report No. 1559.
1988 -- Subsec. (a). Pub. L. 100-702 inserted ''or exclusive rights
in mask works'' after ''copyrights''.
Process, see rule 4, Appendix to this title.
Jurisdiction and venue of patent suits against residents of foreign
countries or persons residing in plurality of districts, see sections
146 and 291 of Title 35, Patents.
Jurisdiction of district courts in patent or copyright actions, see
section 1338 of this title.
Jurisdiction and legal remedy for unauthorized use or disclosure of
patents and technical information, see section 2356 of Title 22, Foreign
Relations and Intercourse.
Process in patent infringement action, see section 1694 of this
title.
28 USC 1401. Stockholder's derivative action
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any civil action by a stockholder on behalf of his corporation may be
prosecuted in any judicial district where the corporation might have
sued the same defendants.
(June 25, 1948, ch. 646, 62 Stat. 936.)
Based on title 28, U.S.C., 1940 ed., 112 (part) (Mar. 3, 1911, ch.
231, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar.
4, 1925, ch. 526, 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat.
1213).
For disposition of other provisions of section 112 of title 28,
U.S.C., 1940 ed., see reviser's note under section 1391 of this title.
Words ''civil action'' were substituted for ''suit,'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Words ''other than said corporation,'' after ''same defendants,''
were omitted as superfluous. Obviously a corporation would not be suing
itself.
Changes were made in phraseology.
Citizenship of corporations for purposes of diversity of citizenship
and removability of actions, see section 1332 of this title.
Process in stockholder's derivative action, see section 1695 of this
title.
28 USC 1402. United States as defendant
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Any civil action in a district court against the United States
under subsection (a) of section 1346 of this title may be prosecuted
only:
(1) Except as provided in paragraph (2), in the judicial district
where the plaintiff resides;
(2) In the case of a civil action by a corporation under paragraph
(1) of subsection (a) of section 1346, in the judicial district in which
is located the principal place of business or principal office or agency
of the corporation; or if it has no principal place of business or
principal office or agency in any judicial district (A) in the judicial
district in which is located the office to which was made the return of
the tax in respect of which the claim is made, or (B) if no return was
made, in the judicial district in which lies the District of Columbia.
Notwithstanding the foregoing provisions of this paragraph a district
court, for the convenience of the parties and witnesses, in the interest
of justice, may transfer any such action to any other district or
division.
(b) Any civil action on a tort claim against the United States under
subsection (b) of section 1346 of this title may be prosecuted only in
the judicial district where the plaintiff resides or wherein the act or
omission complained of occurred.
(c) Any civil action against the United States under subsection (e)
of section 1346 of this title may be prosecuted only in the judicial
district where the property is situated at the time of levy, or if no
levy is made, in the judicial district in which the event occurred which
gave rise to the cause of action.
(d) Any civil action under section 2409a to quiet title to an estate
or interest in real property in which an interest is claimed by the
United States shall be brought in the district court of the district
where the property is located or, if located in different districts, in
any of such districts.
(June 25, 1948, ch. 646, 62 Stat. 937; Sept. 2, 1958, Pub. L.
85-920, 72 Stat. 1770; Nov. 2, 1966, Pub. L. 89-719, title II, 202(b),
80 Stat. 1149; Oct. 25, 1972, Pub. L. 92-562, 2, 86 Stat. 1176; Apr.
2, 1982, Pub. L. 97-164, title I, 131, 96 Stat. 39.)
Based on title 28, U.S.C., 1940 ed., 762, 931(a) (Mar. 3, 1887, ch.
359, 5, 24 Stat. 506; Aug. 2, 1946, ch. 753, 410(a), 60 Stat. 843).
Section consolidates the venue provisions of section 762 of title 28,
U.S.C., 1940 ed., with the venue provisions of section 931(a) of such
title, the latter provisions relating to tort claims cases. The
jurisdictional provisions of such section 931(a) are incorporated in
section 1346(b) of this title. For other provisions thereof, see
Distribution Table.
Provisions of section 762 of title 28, U.S.C., 1940 ed., relating to
the verification and contents of a petition filed against the United
States were omitted as unnecessary. Section 265 of title 28, U.S.C.,
1940 ed., relative to the petition in cases filed in the Court of Claims
was also omitted from the revised title. (See, also, Rule 11 of the
Federal Rules of Civil Procedure.)
Words ''civil action'' were substituted for ''suit'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
1982 -- Subsec. (a). Pub. L. 97-164 inserted ''in a district court''
after ''civil action'' in introductory provisions preceding par. (1).
The phrase ''civil action'' also appeared in par. (2), but no change
was made to reflect the probable intent of Congress as indicated on page
79 of House Report No. 97-312.
1972 -- Subsec. (d). Pub. L. 92-562 added subsec. (d).
1966 -- Subsec. (c). Pub. L. 89-719 added subsec. (c).
1958 -- Subsec. (a). Pub. L. 85-920 provided for venue and change of
venue in tax refund suits by corporation.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966, see
section 203 of Pub. L. 89-719, set out as a note under section 1346 of
this title.
Actions on war risk insurance claims, see section 1292 of Title 46,
Appendix, Shipping.
Jurisdiction and legal remedy for unauthorized use or disclosure of
patents and technical information, see section 2356 of Title 22, Foreign
Relations and Intercourse.
28 USC 1403. Eminent domain
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Proceedings to condemn real estate for the use of the United States
or its departments or agencies shall be brought in the district court of
the district where the land is located or, if located in different
districts in the same State, in any of such districts.
(June 25, 1948, ch. 646, 62 Stat. 937.)
Based on section 257 of title 40, U.S.C., 1940 ed., Public Buildings,
Property, and Works (Aug. 1, 1888, ch. 728, 1, 25 Stat. 357; Mar. 3,
1911, ch. 231, 291, 36 Stat. 1167).
Section constitutes the first clause of the second sentence of
section 257, of title 40, U.S.C., 1940 ed. The revised section is
expressive of the purpose of such section 257 with necessary changes in
phraseology.
The jurisdiction provision of section 257 of title 40, U.S.C., 1940
ed., is incorporated in section 1358 of this title.
The remainder of section 257 of title 40, U.S.C., 1940 ed., is
retained in said title 40.
Provision with respect to property in different districts was added
to conform with section 1392 of this title.
See, also, section 1392 of this title which fixes venue of an action
involving property in different districts in the same State.
Jurisdiction of district courts in eminent domain proceedings, see
section 1358 of this title.
Venue of action involving property in different districts in same
state, see section 1392 of this title.
28 USC 1404. Change of venue
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) For the convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to any other
district or division where it might have been brought.
(b) Upon motion, consent or stipulation of all parties, any action,
suit or proceeding of a civil nature or any motion or hearing thereof,
may be transferred, in the discretion of the court, from the division in
which pending to any other division in the same district. Transfer of
proceedings in rem brought by or on behalf of the United States may be
transferred under this section without the consent of the United States
where all other parties request transfer.
(c) A district court may order any civil action to be tried at any
place within the division in which it is pending.
(d) As used in this section, ''district court'' includes the United
States District Court for the District of the Canal Zone; and
''district'' includes the territorial jurisdiction of that court.
(June 25, 1948, ch. 646, 62 Stat. 937; Oct. 18, 1962, Pub. L.
87-845, 9, 76A Stat. 699.)
Based on title 28, U.S.C., 1940 ed., 119, 163 (Mar. 3, 1911, ch.
231, 58, 36 Stat. 1103; Sept. 8, 1916, ch. 475, 5, 39 Stat. 851).
Section consolidates sections 119 and 163 of title 28, U.S.C., 1940
ed., with necessary changes in phraseology and substance.
Section 119 of title 28, U.S.C., 1940 ed., related only to transfer
of cases from one division to another on stipulation of the parties.
Subsection (a) was drafted in accordance with the doctrine of forum
non conveniens, permitting transfer to a more convenient forum, even
though the venue is proper. As an example of the need of such a
provision, see Baltimore & Ohio R. Co. v. Kepner, 1941, 62 S.Ct. 6, 314
U.S. 44, 86 L.Ed. 28, which was prosecuted under the Federal Employer's
Liability Act in New York, although the accident occurred and the
employee resided in Ohio. The new subsection requires the court to
determine that the transfer is necessary for convenience of the parties
and witnesses, and further, that it is in the interest of justice to do
so.
Sections 143, 172, 177, and 181 of title 28, U.S.C., 1940 ed.,
relating to the district courts of Arizona, Montana, New Mexico, and
Ohio, contained special provisions similar to subsection (b), applicable
to those States. To establish uniformity, the general language of such
subsection has been drafted and the special provisions of those sections
omitted.
Subsection (b) is based upon section 163 of title 28, U.S.C., 1940
ed., which applied only to the district of Maine. This revised
subsection extends to all judicial districts and permits transfer of
cases between divisions. Criminal cases may be transferred pursuant to
Rules 19-21 of the new Federal Rules of Criminal Procedure, and the
criminal provisions of said section 163 are therefore omitted.
1962 -- Subsec. (d). Pub. L. 87-845 added subsec. (d).
Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section 25
of Pub. L. 87-845, set out as a note under section 14 of Title 18,
Crimes and Criminal Procedure.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Venue and transfer of criminal prosecutions, see rule 18 et seq.,
Title 18, Appendix, Crimes and Criminal Procedure.
Equal employment opportunity provisions, judicial district of
principal office as district in which action might have been brought,
see section 2000e-5 of Title 42, The Public Health and Welfare.
28 USC 1405. Creation or alteration of district or division
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Actions or proceedings pending at the time of the creation of a new
district or division or transfer of a county or territory from one
division or district to another may be tried in the district or division
as it existed at the institution of the action or proceeding, or in the
district or division so created or to which the county or territory is
so transferred as the parties shall agree or the court direct.
(June 25, 1948, ch. 646, 62 Stat. 937.)
Based on title 28, U.S.C., 1940 ed., 121 (Mar. 3, 1911, ch. 231,
59, 36 Stat. 1103).
Enforcement of liens in like circumstances is provided by section
1656 of this title.
Remainder of section 121 of title 28, U.S.C., 1940 ed., is
incorporated in section 3240 of revised title 18, Crimes and Criminal
Procedure (H.R. 1600, 80th Cong.).
Changes were made in phraseology.
28 USC 1406. Cure or waiver of defects
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The district court of a district in which is filed a case laying
venue in the wrong division or district shall dismiss, or if it be in
the interest of justice, transfer such case to any district or division
in which it could have been brought.
(b) Nothing in this chapter shall impair the jurisdiction of a
district court of any matter involving a party who does not interpose
timely and sufficient objection to the venue.
(c) As used in this section, ''district court'' includes the United
States District Court for the District of the Canal Zone; and
''district'' includes the territorial jurisdiction of that court.
(June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ch. 139, 81,
63 Stat. 101; Sept. 13, 1960, Pub. L. 86-770, 1, 74 Stat. 912; Oct.
18, 1962, Pub. L. 87-845, 10, 76A Stat. 699; Apr. 2, 1982, Pub. L.
97-164, title I, 132, 96 Stat. 39.)
Subsection (a) provides statutory sanction for transfer instead of
dismissal, where venue is improperly laid.
Subsection (b) is declaratory of existing law. (See Panama R.R. Co.
v. Johnson, 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It makes
clear the intent of Congress that venue provisions are not
jurisdictional but may be waived.
This section removes an ambiguity in section 1406(a) of title 28,
U.S.C., by substituting ''may'' for ''shall'', thus making it clear that
the court may decline to transfer a case brought in the wrong district
under circumstances where it would not be in the interest of justice to
make such transfer.
1982 -- Subsecs. (c), (d). Pub. L. 97-164 redesignated subsec. (d)
as (c). Former subsec. (c), which provided that if a case within the
exclusive jurisdiction of the Court of Claims were filed in a district
court, the district court, if it were in the interest of justice, was
required to transfer the case to the Court of Claims where the case
would proceed as if it had been filed in the Court of Claims on the date
that it was filed in the district court, was struck out.
1962 -- Subsec. (d). Pub. L. 87-845 added subsec. (d).
1960 -- Subsec. (c). Pub. L. 86-770 added subsec. (c).
1949 -- Subsec. (a). Act May 24, 1949, inserted ''dismiss, or if it
be in the interest of justice''.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 87-845 effective Jan. 2, 1962, see section 25
of Pub. L. 87-845, set out as a note under section 14 of Title 18,
Crimes and Criminal Procedure.
Section 4 of Pub. L. 86-770 provided in part that: ''The amendments
made by sections 1 and 2 of this Act (adding subsec. (c) of this section
and section 1506 of this title) shall apply to any case or proceeding
pending on, or brought after, the date of enactment of this Act (Sept.
13, 1960) in the district courts or the Court of Claims.''
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the
30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Equal employment opportunity provisions, judicial district of
principal office as district in which action might have been brought,
see section 2000e-5 of Title 42, The Public Health and Welfare.
28 USC 1407. Multidistrict litigation
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) When civil actions involving one or more common questions of fact
are pending in different districts, such actions may be transferred to
any district for coordinated or consolidated pretrial proceedings. Such
transfers shall be made by the judicial panel on multidistrict
litigation authorized by this section upon its determination that
transfers for such proceedings will be for the convenience of parties
and witnesses and will promote the just and efficient conduct of such
actions. Each action so transferred shall be remanded by the panel at
or before the conclusion of such pretrial proceedings to the district
from which it was transferred unless it shall have been previously
terminated: Provided, however, That the panel may separate any claim,
cross-claim, counter-claim, or third-party claim and remand any of such
claims before the remainder of the action is remanded.
(b) Such coordinated or consolidated pretrial proceedings shall be
conducted by a judge or judges to whom such actions are assigned by the
judicial panel on multidistrict litigation. For this purpose, upon
request of the panel, a circuit judge or a district judge may be
designated and assigned temporarily for service in the transferee
district by the Chief Justice of the United States or the chief judge of
the circuit, as may be required, in accordance with the provisions of
chapter 13 of this title. With the consent of the transferee district
court, such actions may be assigned by the panel to a judge or judges of
such district. The judge or judges to whom such actions are assigned,
the members of the judicial panel on multidistrict litigation, and other
circuit and district judges designated when needed by the panel may
exercise the powers of a district judge in any district for the purpose
of conducting pretrial depositions in such coordinated or consolidated
pretrial proceedings.
(c) Proceedings for the transfer of an action under this section may
be initiated by --
(i) the judicial panel on multidistrict litigation upon its own
initiative, or
(ii) motion filed with the panel by a party in any action in which
transfer for coordinated or consolidated pretrial proceedings under this
section may be appropriate. A copy of such motion shall be filed in the
district court in which the moving party's action is pending.
The panel shall give notice to the parties in all actions in which
transfers for coordinated or consolidated pretrial proceedings are
contemplated, and such notice shall specify the time and place of any
hearing to determine whether such transfer shall be made. Orders of the
panel to set a hearing and other orders of the panel issued prior to the
order either directing or denying transfer shall be filed in the office
of the clerk of the district court in which a transfer hearing is to be
or has been held. The panel's order of transfer shall be based upon a
record of such hearing at which material evidence may be offered by any
party to an action pending in any district that would be affected by the
proceedings under this section, and shall be supported by findings of
fact and conclusions of law based upon such record. Orders of transfer
and such other orders as the panel may make thereafter shall be filed in
the office of the clerk of the district court of the transferee district
and shall be effective when thus filed. The clerk of the transferee
district court shall forthwith transmit a certified copy of the panel's
order to transfer to the clerk of the district court from which the
action is being transferred. An order denying transfer shall be filed
in each district wherein there is a case pending in which the motion for
transfer has been made.
(d) The judicial panel on multidistrict litigation shall consist of
seven circuit and district judges designated from time to time by the
Chief Justice of the United States, no two of whom shall be from the
same circuit. The concurrence of four members shall be necessary to any
action by the panel.
(e) No proceedings for review of any order of the panel may be
permitted except by extraordinary writ pursuant to the provisions of
title 28, section 1651, United States Code. Petitions for an
extraordinary writ to review an order of the panel to set a transfer
hearing and other orders of the panel issued prior to the order either
directing or denying transfer shall be filed only in the court of
appeals having jurisdiction over the district in which a hearing is to
be or has been held. Petitions for an extraordinary writ to review an
order to transfer or orders subsequent to transfer shall be filed only
in the court of appeals having jurisdiction over the transferee
district. There shall be no appeal or review of an order of the panel
denying a motion to transfer for consolidated or coordinated
proceedings.
(f) The panel may prescribe rules for the conduct of its business not
inconsistent with Acts of Congress and the Federal Rules of Civil
Procedure.
(g) Nothing in this section shall apply to any action in which the
United States is a complainant arising under the antitrust laws.
''Antitrust laws'' as used herein include those acts referred to in the
Act of October 15, 1914, as amended (38 Stat. 730; 15 U.S.C. 12), and
also include the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13,
13a, and 13b) and the Act of September 26, 1914, as added March 21, 1938
(52 Stat. 116, 117; 15 U.S.C. 56); but shall not include section 4A of
the Act of October 15, 1914, as added July 7, 1955 (69 Stat. 282; 15
U.S.C. 15a).
(h) Notwithstanding the provisions of section 1404 or subsection (f)
of this section, the judicial panel on multidistrict litigation may
consolidate and transfer with or without the consent of the parties, for
both pretrial purposes and for trial, any action brought under section
4C of the Clayton Act.
(Added Pub. L. 90-296, 1, Apr. 29, 1968, 82 Stat. 109; amended Pub.
L. 94-435, title III, 303, Sept. 30, 1976, 90 Stat. 1396.)
The Federal Rules of Civil Procedure, referred to in subsec. (f),
are set out in the Appendix to this title.
Section 4C of the Clayton Act, referred to in subsec. (h), is
section 4C of act Oct. 15, 1914, ch. 323, as added by Pub. L.
94-435, title III, 301, Sept. 30, 1976, 90 Stat. 1394, which is
classified to section 15c of Title 15, Commerce and Trade.
1976 -- Pub. L. 94-435 added subsec. (h).
1105.
28 USC RULES OF PROCEDURE OF THE JUDICIAL PANEL ON MULTIDISTRICT
LITIGATION
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Rule
1. Definitions.
2. Place of Keeping Records and Files.
3. Place of Filing of Papers.
4. Failure to Comply with Rules.
5. Practice.
6. Admission to Practice Before the Panel and Representation in
Transferred Actions.
7. Manner of Filing Papers.
8. Service of Papers Filed.
9. Form of Papers Filed.
10. Motion Practice.
11. Show Cause Orders.
12. Conditional Transfer Orders for ''Tag-Along Actions''.
13. Miscellaneous Provisions Concerning ''Tag-Along Actions''.
14. Termination and Remand.
15. Applications for Extensions of Time.
16. Hearings.
17. Notice of Presentation or Waiver of Oral Argument, and Matters
Submitted on the Briefs.
18. Effect of the Pendency of an Action Before the Panel.
19. Transfer of Files.
20. Filing of Notices.
21. Accompaniments to Notices.
22. Service of Notices.
23. Form of Notices.
24. Random Selection.
25. Service of Panel Consolidation Order.
28 USC I. GENERAL RULES
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC Rule 1. Definitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
As used in these Rules ''Panel'' means the members of the Judicial
Panel on Multidistrict Litigation appointed by the Chief Justice of the
United States pursuant to Section 1407, Title 28, United States Code.
''Clerk of the Panel'' means the official appointed by the Panel to
act as Clerk of the Panel and shall include those deputized by the Clerk
of the Panel to perform or assist in the performance of the duties of
the Clerk of the Panel.
''Chairman'' means the Chairman of the Judicial Panel on
Multidistrict Litigation appointed by the Chief Justice of the United
States pursuant to Section 1407, or the member of the Panel designated
by the Panel to act as Chairman in the absence or inability of the
appointed Chairman.
A ''tag-along action'' refers to a civil action pending in a district
court and involving common questions of fact with actions previously
transferred under Section 1407.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 2. Place of Keeping Records and Files
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The records and files of the Panel shall be kept by the Clerk of the
Panel at the offices of the Panel. Records and files may be temporarily
or permanently removed to such places at such times as the Panel or the
Chairman of the Panel shall direct. The Clerk of the Panel may charge
fees, as prescribed by the Judicial Conference of the United States, for
duplicating records and files. Records and files shall be transferred
to the Federal Records Center pursuant to Government Services
Administration Authority to Dispose Records.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 3. Place of Filing of Papers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
All papers for consideration by the Panel shall be submitted for
filing to the Clerk of the Panel by mailing or delivering to:
Clerk of the Panel
Judicial Panel on Multidistrict Litigation
1120 Vermont Avenue, N.W.
Suite 1002
Washington, D.C. 20005
No papers shall be left with or mailed to a Judge of the Panel.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 4. Failure to Comply with Rules
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The Clerk of the Panel may, when a paper submitted for filing is not
in compliance with the provisions of these Rules, refuse to file such
paper until full compliance is accomplished.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 5. Practice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Where not fixed by statute or rule, the practice shall be that
heretofore customarily followed by the Panel.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC II. RULES FOR MULTIDISTRICT LITIGATION UNDER 28 U.S.C. 1407
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC Rule 6. Admission to Practice Before the Panel and
Representation in Transferred Actions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Every member in good standing of the Bar of any district court of the
United States is entitled without condition to practice before the
Judicial Panel on Multidistrict Litigation. Any attorney of record in
any action transferred under Section 1407 may continue to represent his
or her client in any district court of the United States to which such
action is transferred. Parties to any action transferred under Section
1407 are not required to obtain local counsel in the district to which
such action is transferred.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 7. Manner of Filing Papers
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) An original of the following papers shall be submitted for filing
to the Clerk of the Panel: a proof of service pursuant to Rule 8(a) and
(b) of these Rules, a notice of appearance pursuant to Rule 8(c) of
these Rules, a status notice pursuant to Rules 10(e), 11(e) and 12(b) of
these Rules, a notice of opposition pursuant to Rules 12(c) and
14(f)(ii) of these Rules, a notice of related action pursuant to Rule
13(e) of these Rules, an application for extension of time pursuant to
Rule 15 of these Rules, or a notice of presentation or waiver of oral
argument pursuant to Rule 17(a) of these Rules. An original and eleven
copies of all other papers shall be submitted for filing to the Clerk of
the Panel. The Clerk of the Panel may require that additional copies
also be submitted for filing.
(b) When papers are submitted for filing in compliance with the
provisions of these Rules, the Clerk of the Panel shall endorse thereon
the date for filing.
(c) Copies of motions for transfer of an action or actions pursuant
to 28 U.S.C. 1407 shall be filed in each district court in which an
action is pending that will be affected by the motion. Copies of a
motion for remand pursuant to 28 U.S.C. 1407 shall be filed in the
Section 1407 transferee district court in which any action affected by
the motion is pending.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 8. Service of Papers Filed
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) All papers filed with the Clerk of the Panel shall be accompanied
by proof of service on all other parties in all actions involved in the
litigation. Service and proof of service shall be made as provided in
Rules 5 and 6 of the Federal Rules of Civil Procedure. The proof of
service shall indicate the name and address of each person served and
shall indicate the party represented by each. If a party is not
represented by counsel, the proof of service shall indicate the name of
the party and his last known address. The proof of service shall
indicate why any person named as a party in a constituent complaint was
not served with the Section 1407 pleading. The original proof of
service shall be filed with the Clerk of the Panel and copies thereof
shall be sent to each person included within the proof of service.
After the ''Panel Service List'' described in subsection (d) of this
Rule has been received from the Clerk of the Panel, the ''Panel Service
List'' shall be utilized for service of responses to motions and all
other filings. In such instances, the ''Panel Service List'' shall be
attached to the proof of service and shall be supplemented in the proof
of service in the event of the presence of additional parties or
successor counsel.
(b) The proof of service pertaining to motions for the transfer of
actions pursuant to 28 U.S.C. 1407 shall certify that copies of the
motions have been mailed or otherwise delivered for filing to the clerk
of each district court in which an action is pending that will be
affected by the motion. The proof of service pertaining to a motion for
remand pursuant to 28 U.S.C. 1407 shall certify that a copy of the
motion has been mailed or otherwise delivered for filing to the clerk of
the Section 1407 transferee district court in which any action affected
by the motion is pending.
(c) Within eleven days of filing of a motion to transfer, an order to
show cause or a conditional transfer order, each party or designated
attorney shall notify the Clerk of the Panel, in writing, of the name
and address of the attorney designated to receive service of all
pleadings, notices, orders and other papers relating to practice before
the Judicial Panel on Multidistrict Litigation. Only one attorney shall
be designated for each party. Any party not represented by counsel
shall be served by mailing such pleadings to the party's last known
address. Requests for an extension of time to file the designation of
attorney shall not be granted except in extraordinary circumstances.
(d) In order to facilitate compliance with subsection (a) of this
Rule, the Clerk of the Panel shall prepare and serve on all counsel and
parties not represented by counsel, a ''Panel Service List'' containing
the names and addresses of the designated attorneys and the party or
parties they represent and the names and addresses of the parties not
represented by counsel.
(e) If following transfer of any group of multidistrict litigation,
the transferee district court appoints liaison counsel, this Rule shall
be satisfied by serving each party in each affected action and all
liaison counsel. Liaison counsel designated by the transferee district
court shall receive copies of all Panel orders concerning their
particular litigation and shall be responsible for distribution to the
parties for whom he or she serves as liaison counsel.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 9. Form of Papers Filed
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Averments in any motion seeking action by the Panel shall be made
in numbered paragraphs, each of which shall be limited, as far as
practicable, to a statement of a single factual averment.
(b) Responses to averments in motions shall be made in numbered
paragraphs, each of which shall correspond to the number of the
paragraph of the motion to which the responsive paragraph is directed.
Each responsive paragraph shall admit or deny wholly or in part the
averment of the motion, and shall contain the respondent's version of
the subject matter when the averment or the motion is not wholly
admitted.
(c) Each pleading filed shall be
(i) flat and unfolded;
(ii) plainly written, typed in double space, printed or prepared by
means of a duplicating process, without erasures or interlineations
which materially deface it;
(iii) on opaque, unglazed, white paper (not onionskin);
(iv) approximately 8 1/2 11 inches in size; and
(v) secured on the left margin.
(d) The heading on the first page of each pleading shall commence not
less than three inches from the top of the page. Each pleading shall
bear the heading ''Before the Judicial Panel on Multidistrict
Litigation,'' the identification ''MDL Docket No. XX'' and the
appropriate descriptive title of the litigation involved.
(e) The final page of each pleading shall contain the name, address
and telephone number of the attorney or party in active charge of the
case.
(f) Except with the approval of the Panel, each brief submitted for
filing with the Panel shall be limited to twenty pages, exclusive of
exhibits.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 10. Motion Practice
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) All requests for action by the Panel under 28 U.S.C. 1407 shall
be made by written motion. Every motion shall be accompanied by:
(i) a brief in support thereof in which the background of the
litigation and factual and legal contentions of the movant shall be
concisely stated in separate portions of the brief with citation of
applicable authorities; and
(ii) a schedule giving
(A) the complete name of each action involved;
(B) the district court in which each action is pending;
(C) the civil action number of each action; and
(D) the name of the judge assigned each action, if known.
(b) The Clerk of the Panel shall notify recipients of a motion of the
filing date, caption, MDL docket number, briefing schedule and pertinent
Panel policies.
(c) Within twenty days after filing of a motion, all other parties
shall file a response thereto. Failure of a party to respond to a
motion shall be treated as that party's acquiescence to the action
requested in the motion.
(d) The movant may, within five days after the lapse of the time
period for filing responsive briefs, file a single brief in reply to any
opposition.
(e) Motions, their accompaniments, responses, and replies shall also
be governed by Rules 7, 8 and 9 of these Rules.
(f) With respect to any action that is the subject of Panel
consideration, counsel shall notify the Clerk of the Panel of any
development that would partially or completely moot the matter before
the Panel.
(g) A joinder in a motion shall not add any action to the previous
motion.
(h) Once a motion is filed, any responsive pleading that purports to
be a ''motion'' in the docket shall be filed by the Clerk of the Panel
as a response unless the ''motion'' adds an action. The Clerk of the
Panel, upon designating such a pleading as a motion, shall acknowledge
that designation by the distribution of a briefing schedule to all
parties in the docket. Response time resulting from an additional
motion shall ordinarily be extended only to those parties directly
affected by the additional motion. An accelerated briefing schedule for
the additional motion may be set by the Clerk of the Panel to conform
with the hearing schedule established by the Chairman.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 11. Show Cause Orders
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) When transfer of multidistrict litigation is being considered on
the initiative of the Panel pursuant to 28 U.S.C. 1407(c)(i), an order
shall be filed by the Clerk of the Panel directing the parties to show
cause why the action or actions should not be transferred for
coordinated or consolidated pretrial proceedings. Any party or counsel
in such actions shall notify the Clerk of the Panel of any other federal
district court actions related to the litigation encompassed by the show
cause order. This notification shall include not only additional
actions pending at the time of the issuance of the show cause order but
also all future-filed related federal actions.
(b) Any party may file a response to the show cause order within
twenty days of the filing of said order unless otherwise provided for in
the order. Failure of a party to respond to a show cause order shall be
treated as that party's acquiescence to the Panel action contemplated in
the order.
(c) Within five days after the lapse of the time period for filing a
response, any party may file a reply limited to new matters.
(d) Responses and replies shall be filed and served in conformity
with Rules 7, 8 and 9 of these Rules.
(e) With respect to any action that is the subject of Panel
consideration, counsel shall notify the Clerk of the Panel of any
development that would partially or completely moot the matter before
the Panel.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 12. Conditional Transfer Orders for ''Tag-Along Actions''
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Upon learning of the pendency of a potential ''tag-along
action,'' as defined in Rule 1 of these Rules, an order may be entered
by the Clerk of the Panel transferring that action to the previously
designated transferee district court on the basis of the prior hearing
or hearings and for the reasons expressed in previous opinions and
orders of the Panel in the litigation. The Clerk of the Panel shall
serve this order on each party to the litigation but, in order to afford
all parties the opportunity to oppose transfer, shall not send the order
to the clerk of the transferee district court for fifteen days from the
entry thereof.
(b) Parties to an action subject to a conditional transfer order
shall notify the Clerk of the Panel within the fifteen-day period if
that action is no longer pending in its transferor district court.
(c) Any party opposing the transfer shall file a notice of opposition
with the Clerk of the Panel within the fifteen-day period. If a notice
of opposition is received by the Clerk of the Panel within this
fifteen-day period, the Clerk of the Panel shall not transmit said order
to the clerk of the transferee district court until further order of the
Panel.
(d) Within fifteen days of the filing of its notice of opposition,
the party opposing transfer shall file a motion to vacate the
conditional transfer order and brief in support thereof. The Clerk of
the Panel shall set the motion for hearing at the next appropriate
session of the Panel. Failure to file and serve a motion and brief
shall be treated as withdrawal of the opposition and the Clerk of the
Panel shall forthwith transmit the order to the clerk of the transferee
district court.
(e) Conditional transfer orders do not become effective unless and
until they are filed with the clerk of the transferee district court.
(f) Notices of opposition and motions to vacate orders of the Panel
and responses thereto shall be governed by Rules 7, 8, 9 and 10 of these
Rules.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 13. Miscellaneous Provisions Concerning ''Tag-Along
Actions''
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Potential ''tag-along actions'' filed in the transferee district
require no action on the part of the Panel and requests for assignment
of such actions to the Section 1407 transferee judge should be made in
accordance with local rules for the assignment of related actions.
(b) Upon learning of the pendency of a potential ''tag-along action''
and having reasonable anticipation of opposition to transfer of that
action, the Panel may direct the Clerk of the Panel to file a show cause
order, in accordance with Rule 11 of these Rules, instead of a
conditional transfer order.
(c) Failure to serve one or more of the defendants in a potential
''tag-along action'' with the complaint and summons as required by Rule
4 of the Federal Rules of Civil Procedure does not preclude transfer of
such action under Section 1407. Such failure, however, may be submitted
by such a defendant as a basis for opposing the proposed transfer. The
inability of the Clerk of the Panel to serve a conditional transfer
order on all defendants or their counsel shall not render the transfer
of the action void but can be submitted by such a defendant as a basis
for moving to remand as to such defendant.
(d) A civil action apparently involving common questions of fact with
actions under consideration by the Panel for transfer under Section
1407, which was filed or came to the attention of the Panel either after
the initial hearing before it or too late to be included in the initial
hearing, will be treated by the Panel as a potential ''tag-along
action.''
(e) Any party or counsel in actions previously transferred under
Section 1407 or under consideration by the Panel for transfer under
Section 1407 shall notify the Clerk of the Panel of any potential
''tag-along actions'' in which that party is also named or in which that
counsel appears.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 14. Termination and Remand
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
In the absence of unusual circumstances --
(a) Actions terminated in the transferee district court by valid
judgment, including but not limited to summary judgment, judgment of
dismissal and judgment upon stipulation, shall not be remanded by the
Panel and shall be dismissed by the transferee district court. The
clerk of the transferee district court shall send a copy of the order
terminating the action to the Clerk of the Panel but shall retain the
original files and records unless otherwise directed by the transferee
judge or by the Panel.
(b) Each transferred action that has not been terminated in the
transferee district court shall be remanded by the Panel to the
transferor district for trial, unless ordered transferred by the
transferee judge to the transferee or other district under 28 U.S.C.
1404(a) or 28 U.S.C. 1406. In the event that the transferee judge so
transfers an action under 28 U.S.C. 1404(a) or 1406, no further action
of the Panel shall be necessary to authorize further proceedings
including trial. Actions that were originally filed in the transferee
district require no action by the Panel to be reassigned to another
judge in the transferee district at the conclusion of the coordinated or
consolidated pretrial proceedings affecting those actions.
(c) The Panel shall consider remand of each transferred action or any
separable claim, cross-claim, counterclaim or third-party claim at or
before the conclusion of coordinated or consolidated pretrial
proceedings on
(i) motion of any party,
(ii) suggestion of the transferee district court, or
(iii) the Panel's own initiative, by entry of an order to show cause,
a conditional remand order or other appropriate order.
(d) The Panel is reluctant to order remand absent a suggestion of
remand from the transferee district court. If remand is sought be
motion of a party, the motion shall be accompanied by:
(i) an affidavit reciting
(A) whether the movant has requested a suggestion of remand from the
transferee district court, how the court responded to any request, and,
if no such request was made, why;
(B) whether all common discovery and other pretrial proceedings have
been completed in the action sought to be remanded, and if not, what
remains to be done; and
(C) whether all orders of the transferee district court have been
satisfactorily complied with, and if not, what remains to be done; and
(ii) a copy of the transferee district court's final pretrial order,
where such order has been entered.
Motions to remand and responses thereto shall be governed by Rules 7,
8, 9 and 10 of these Rules.
(e) When an order to show cause why an action or actions should not
be remanded is entered pursuant to subsection (c), paragraph (iii) of
this Rule, any party may file a response within twenty days of the
filing of said order unless otherwise provided for in the order. Within
five days of filing of a party's response, any party may file a reply
brief limited to new matters. Failure of a party to respond to a show
cause order regarding remand shall be treated as that party's
acquiescence to the remand. Responses and replies shall be filed and
served in conformity with Rules 7, 8 and 9 of these Rules.
(f) Conditional Remand Orders
(i) When the Panel has been advised by the transferee district judge,
or otherwise has reason to believe, that pretrial proceedings in the
litigation assigned to the transferee district judge are concluded or
that remand of an action or actions is otherwise appropriate, an order
may be entered by the Clerk of the Panel remanding the action or actions
to the transferor district court. The Clerk of the Panel shall serve
this order on each party to the litigation but, in order to afford all
parties the opportunity to oppose remand, shall not send the order to
the clerk of the transferee district court for fifteen days from the
entry thereof.
(ii) Any party opposing the remand shall file a notice of opposition
with the Clerk of the Panel within the fifteen-day period. If a notice
of opposition is received by the Clerk of the Panel within this
fifteen-day period, the Clerk of the Panel shall not transmit said order
to the clerk of the transferee district court until further order of the
Panel.
(iii) Within fifteen days of the filing of its notice of opposition,
the party opposing remand shall file a motion to vacate the conditional
remand order and brief in support thereof. The Clerk of the Panel shall
set the motion for hearing at the next appropriate session of the Panel.
Failure to file and serve a motion and brief shall be treated as a
withdrawal of the opposition and the Clerk of the Panel shall forthwith
transmit the order to the clerk of the transferee district court.
(iv) Conditional remand orders do not become effective unless and
until they are filed with the clerk of the transferee district court.
(v) Notices of opposition and motions to vacate such orders of the
Panel and responses thereto shall be governed by Rules 7, 8, 9 and 10 of
these Rules.
(g) Upon receipt of an order to remand from the Clerk of the Panel,
the parties shall furnish forthwith to the transferee district clerk a
stipulation or designation of the contents of the record or part thereof
to be remanded and furnish the transferee district clerk all necessary
copies of any pleading or other matter filed so as to enable the
transferee district clerk to comply with the order of remand.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 15. Applications for Extensions of Time
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any application for an extension of time to file a pleading or
perform an act required by these Rules must be in writing, must request
a specific number of additional days and may be acted upon by the Clerk
of the Panel. Such an application will be evaluated in relation to the
impact on the Panel's calendar as well as on the basis of the reasons
set forth in support of the application. Any party aggrieved by the
Clerk of the Panel's action on such application may submit its
objections to the Panel for consideration. All applications for
extensions of time shall be filed and served in conformity with Rules 7,
8 and 9 of these Rules.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 16. Hearings
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Hearings shall be held as ordered by the Panel. The Panel shall
convene whenever and wherever desirable or necessary in the judgment of
the Chairman. The Chairman shall determine which matters shall be set
for hearing at each session and the Clerk of the Panel shall give notice
to counsel for all parties involved in the litigation of the time, place
and subject matter of such hearing.
(b) No transfer or remand determination regarding any action pending
in district court shall be made by the Panel when any party timely
opposes such transfer or remand unless a hearing has been held or unless
the matter has been submitted on the briefs in accordance with Rule 17
of these Rules. Unless otherwise ordered by the Panel, all other
matters before the Panel, such as a motion for reconsideration, shall be
considered and determined upon the basis of the papers filed.
(c) Except for leave of the Panel on a showing of good cause, only
those parties who have filed a motion or written response to a motion or
order shall be permitted to appear before the Panel and present oral
argument.
(d) When the Panel is hearing oral argument regarding whether to
transfer a potential tag-along action, or whether to remand a previously
transferred action, ordinarily only the parties in that action will be
permitted to present oral argument, regardless of whether papers have
been filed by other interested parties.
(e) Counsel for those supporting transfer or remand under Section
1407 and counsel for those opposing such transfer or remand are to
confer separately prior to the hearing for the purpose of organizing
their arguments and selecting representatives to present all views
without duplication.
(f) Unless otherwise ordered by the Panel, a maximum of thirty
minutes shall be allotted for argument in each new group of actions
being considered for Section 1407 treatment and a maximum of twenty
minutes shall be allotted for arguments in all other matters. The time
shall be divided equally among those with varying viewpoints. Counsel
for the moving party or parties shall generally be heard first.
(g) So far as practicable and consistent with the purposes of Section
1407, the offering of oral testimony before the Panel shall be avoided.
Accordingly, oral testimony shall not be received except upon notice,
motion and order of the Panel expressly providing for it. Proof may be
submitted as provided in the Federal Rules of Civil Procedure.
(h) After an action or group of actions has been set for hearing, it
may only be continued by order of the Panel on good cause shown.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 17. Notice of Presentation or Waiver of Oral Argument, and
Matters Submitted on the Briefs
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) At such time in advance of the date of the hearing as required by
the Clerk of the Panel in the notice of hearing, counsel shall notify
the Clerk of the Panel in writing of one of the following: (1) counsel
will waive oral argument, if all other counsel in the matter set for
hearing waive oral argument; (2) counsel will present oral argument,
regardless of whether any other counsel in the matter set for hearing
presents oral argument; or (3) counsel waives oral argument. All
notices of presentation or waiver of oral argument shall be filed and
served in conformity with Rules 7 and 8 of these Rules.
(b) If all parties to a matter set for hearing waive oral argument,
the matter shall be submitted for decision by the Panel on the basis of
the papers filed. If a party is not present when a matter to be heard
is called at the hearing, the matter shall not be rescheduled and that
party's position shall be treated as submitted for decision by the Panel
on the basis of the papers filed, unless otherwise ordered by the Panel.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 18. Effect of the Pendency of an Action Before the Panel
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The pendency of a motion, order to show cause, conditional transfer
order or conditional remand order before the Panel concerning transfer
or remand of an action pursuant to 28 U.S.C. 1407 does not affect or
suspend orders and pretrial proceedings in the district court in which
the action is pending and does not in any way limit the pretrial
jurisdiction of that court. A transfer or remand pursuant to 28 U.S.C.
1407 shall be effective when the transfer or remand order is filed in
the office of the clerk of the district court of the transferee
district.
(As amended June 14, 1988, eff. July 6, 1988.)
28 USC Rule 19. Transfer of Files
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Upon receipt of a certified copy of a transfer order from the
clerk of the transferee district court, the clerk of the transferor
district court shall forward to the clerk of the transferee district
court the complete original file and a certified copy of the docket
sheet for each transferred action.
(b) If an appeal is pending, or a notice of appeal has been filed, or
leave to appeal has been sought under 28 U.S.C. 1292(b) or a petition
for an extraordinary writ is pending, in any action included in an order
of transfer under 28 U.S.C. 1407, and the original file or parts
thereof have been forwarded to the court of appeals, the clerk of the
transferor district court shall notify the clerk of the court of appeals
of the order of transfer and secure the original file long enough to
prepare and transmit to the clerk of the transferee district court a
certified copy of the docket sheet.
(c) If the transfer order provides for the separation and
simultaneous remand of any claim, cross-claim, counterclaim, or
third-party claim, the clerk of the transferor district court shall
retain the original file and shall prepare and transmit to the clerk of
the transferee district court a certified copy of the docket sheet and
copies of all papers except those relating exclusively to separated and
remanded claims.
(d) Upon receipt of an order to remand from the Clerk of the Panel,
the transferee district court shall prepare and send to the clerk of the
transferor district court the following:
(i) a certified copy of the individual docket sheet for each action
being remanded;
(ii) a certified copy of the master docket sheet, if applicable;
(iii) the entire file for each action being remanded;
(iv) a certified copy of the final pretrial order, if applicable;
and
(v) a ''record on remand'' to be composed of those parts of the files
and records produced during coordinated or consolidated pretrial
proceedings which have been stipulated to or designated by counsel as
being necessary for any or all proceedings to be conducted following
remand. It shall be the responsibility of counsel originally preparing
or filing any document to be included in the ''record on remand'' to
furnish on request sufficient copies to the clerk of the transferee
district court.
(e) The Clerk of the Panel shall be notified when any files have been
transmitted pursuant to this Rule.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC III. RULES FOR MULTICIRCUIT PETITIONS FOR REVIEW UNDER 28 U.S.C.
2112(a)(3)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
28 USC Rule 20. Filing of Notices
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) An original of a notice of multicircuit petitions for review
pursuant to 28 U.S.C. 2112(a)(3) shall be submitted for filing to the
Clerk of the Panel by the affected agency, board, commission or officer.
The term ''agency'' as used in Section III of these Rules shall include
agency, board, commission or officer.
(b) All notices of multicircuit petitions for review submitted by the
affected agency for filing with the Clerk of the Panel shall embrace
exclusively petitions for review filed in the courts of appeals within
ten days after issuance of an agency order and received by the affected
agency from the petitioners within that ten day period.
(c) When a notice of multicircuit petitions for review is submitted
for filing to the Clerk of the Panel, and the Clerk of the Panel
determines that the submission is in compliance with the provisions of
these Rules, the Clerk of the Panel shall file the notice and endorse
thereon the date of filing.
(d) Copies of notices of multicircuit petitions for review shall be
filed by the affected agency with the clerk of each circuit court of
appeals in which a petition for review is pending that is included in
the notice.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC Rule 21. Accompaniments to Notices
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) All notices of multicircuit petitions for review shall be
accompanied by:
(i) a copy of each involved petition for review as the petition for
review is defined in 28 U.S.C. 2112(a)(2); and
(ii) a schedule giving
(A) the date of the relevant agency order;
(B) the case name of each petition for review involved;
(C) the circuit court of appeals in which each petition for review is
pending;
(D) the appellate docket number of each petition for review;
(E) the date of filing by the court of appeals of each petition for
review; and
(F) the date of receipt by the agency of each petition for review.
(b) The schedule in Subsection (a)(ii) of this Rule shall also be
governed by Rules 20, 22 and 23(a) of these Rules.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC Rule 22. Service of Notices
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) All notices of multicircuit petitions for review shall be
accompanied by proof of service by the affected agency on all other
parties in all petitions for review included in the notice. Service and
proof of service shall be made as provided in Rule 25 of the Federal
Rules of Appellate Procedure. The proof of service shall state the name
and address of each person served and shall indicate the party
represented by each. If a party is not represented by counsel, the
proof of service shall indicate the name of the party and his or her
last known address. The original proof of service shall be submitted by
the affected agency for filing with the Clerk of the Panel and copies
thereof shall be sent by the affected agency to each person included
within the proof of service.
(b) The proof of service pertaining to notices of multicircuit
petitions for review shall certify that copies of the notices have been
mailed or otherwise delivered by the affected agency for filing to the
clerk of each circuit court of appeals in which a petition for review is
pending that is included in the notice.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC Rule 23. Form of Notices
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Each notice of multicircuit petitions for review shall be
(i) flat and unfolded;
(ii) plainly written, typed in double space, printed or prepared by
means of a duplicating process, without erasures or interlineations
which materially deface it;
(iii) on opaque, unglazed, white paper (not onionskin);
(iv) approximately 8 1/2 11 inches in size; and
(v) secured on the left margin.
(b) The heading on the first page of each notice of multicircuit
petitions for review shall commence not less than three inches from the
top of the page. Each notice shall bear the heading ''Notice to the
Judicial Panel on Multidistrict Litigation of Multicircuit Petitions for
Review.''
(c) The final page of each notice of multicircuit petitions for
review shall contain the name, address and telephone number of the
individual or individuals who submitted the notice on behalf of the
agency.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC Rule 24. Random Selection
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Upon filing a notice of multicircuit petitions for review, the
Clerk of the Panel or designated deputy shall randomly select a circuit
court of appeals from a drum containing an entry for each circuit
wherein a constituent petition for review is pending. Multiple
petitions for review pending in a single circuit shall be allotted only
a single entry in the drum. This random selection shall be witnessed by
the Clerk of the Panel or a designated deputy other than the random
selector. Thereafter, an order on behalf of the Panel shall be issued,
signed by the random selector and the witness,
(i) consolidating the petitions for review in the court of appeals
for the circuit that was randomly selected; and
(ii) designating that circuit as the one in which the record is to be
filed pursuant to Rules 16 and 17 of the Federal Rules of Appellate
Procedure.
(b) A consolidation of petitions for review shall be effective when
the Panel's consolidation order is filed at the offices of the Panel by
the Clerk of the Panel.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC Rule 25. Service of Panel Consolidation Order
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) The Clerk of the Panel shall serve the Panel's consolidation
order on the affected agency through the individual or individuals, as
identified in Rule 23(c) of these Rules, who submitted the notice of
multicircuit petitions for review on behalf of the agency.
(b) That individual or individuals, or anyone else designated by the
agency, shall promptly serve the Panel's consolidation order on all
other parties in all petitions for review included in the Panel's
consolidation order, and shall promptly submit a proof of that service
to the Clerk of the Panel. Service and proof of that service shall also
be governed by Rule 22 of these Rules.
(c) The Clerk of the Panel shall serve the Panel's consolidation
order on the clerks of all circuit courts of appeals that were among the
candidates for the Panel's random selection.
(Added June 14, 1988, eff. July 6, 1988.)
28 USC 1408. Venue of cases under title 11
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as provided in section 1410 of this title, a case under title
11 may be commenced in the district court for the district --
(1) in which the domicile, residence, principal place of business in
the United States, or principal assets in the United States, of the
person or entity that is the subject of such case have been located for
the one hundred and eighty days immediately preceding such commencement,
or for a longer portion of such one-hundred-and-eighty-day period than
the domicile, residence, or principal place of business, in the United
States, or principal assets in the United States, of such person were
located in any other district; or
(2) in which there is pending a case under title 11 concerning such
person's affiliate, general partner, or partnership.
(Added Pub. L. 98-353, title I, 102(a), July 10, 1984, 98 Stat.
334.)
A prior section 1408, added by Pub. L. 95-598, title II, 240(a),
Nov. 6, 1978, 92 Stat. 2668, which related to bankruptcy appeals, 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.
Section effective July 10, 1984, see section 122(a) of Pub. L.
98-353, set out as a note under section 151 of this title.
28 USC 1409. Venue of proceedings arising under title 11 or arising in
or related to cases under title 11
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as otherwise provided in subsections (b) and (d), a
proceeding arising under title 11 or arising in or related to a case
under title 11 may be commenced in the district court in which such case
is pending.
(b) Except as provided in subsection (d) of this section, a trustee
in a case under title 11 may commence a proceeding arising in or related
to such case to recover a money judgment of or property worth less than
$1,000 or a consumer debt of less than $5,000 only in the district court
for the district in which the defendant resides.
(c) Except as provided in subsection (b) of this section, a trustee
in a case under title 11 may commence a proceeding arising in or related
to such case as statutory successor to the debtor or creditors under
section 541 or 544(b) of title 11 in the district court for the district
where the State or Federal court sits in which, under applicable
nonbankruptcy venue provisions, the debtor or creditors, as the case may
be, may have commenced an action on which such proceeding is based if
the case under title 11 had not been commenced.
(d) A trustee may commence a proceeding arising under title 11 or
arising in or related to a case under title 11 based on a claim arising
after the commencement of such case from the operation of the business
of the debtor only in the district court for the district where a State
or Federal court sits in which, under applicable nonbankruptcy venue
provisions, an action on such claim may have been brought.
(e) A proceeding arising under title 11 or arising in or related to a
case under title 11, based on a claim arising after the commencement of
such case from the operation of the business of the debtor, may be
commenced against the representative of the estate in such case in the
district court for the district where the State or Federal court sits in
which the party commencing such proceeding may, under applicable
nonbankruptcy venue provisions, have brought an action on such claim, or
in the district court in which such case is pending.
(Added Pub. L. 98-353, title I, 102(a), July 10, 1984, 98 Stat.
334.)
Section effective July 10, 1984, see section 122(a) of Pub. L.
98-353, set out as a note under section 151 of this title.
28 USC 1410. Venue of cases ancillary to foreign proceedings
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A case under section 304 of title 11 to enjoin the commencement
or continuation of an action or proceeding in a State or Federal court,
or the enforcement of a judgment, may be commenced only in the district
court for the district where the State or Federal court sits in which is
pending the action or proceeding against which the injunction is sought.
(b) A case under section 304 of title 11 to enjoin the enforcement of
a lien against a property, or to require the turnover of property of an
estate, may be commenced only in the district court for the district in
which such property is found.
(c) A case under section 304 of title 11, other than a case specified
in subsection (a) or (b) of this section, may be commenced only in the
district court for the district in which is located the principal place
of business in the United States, or the principal assets in the United
States, of the estate that is the subject of such case.
(Added Pub. L. 98-353, title I, 102(a), July 10, 1984, 98 Stat.
335.)
Section effective July 10, 1984, see section 122(a) of Pub. L.
98-353, set out as a note under section 151 of this title.
28 USC 1411. Jury trials
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as provided in subsection (b) of this section, this
chapter and title 11 do not affect any right to trial by jury that an
individual has under applicable nonbankruptcy law with regard to a
personal injury or wrongful death tort claim.
(b) The district court may order the issues arising under section 303
of title 11 to be tried without a jury.
(Added Pub. L. 98-353, title I, 102(a), July 10, 1984, 98 Stat.
335.)
Section effective July 10, 1984, except that subsec. (a) not
applicable with respect to cases under Title 11, Bankruptcy, that are
pending on July 10, 1984, or to proceedings arising in or related to
such cases, see section 122(a), (b) of Pub. L. 98-353, set out as a
note under section 151 of this title.
28 USC 1412. Change of venue
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A district court may transfer a case or proceeding under title 11 to
a district court for another district, in the interest of justice or for
the convenience of the parties.
(Added Pub. L. 98-353, title I, 102(a), July 10, 1984, 98 Stat.
335.)
Section effective July 10, 1984, see section 122(a) of Pub. L.
98-353, set out as a note under section 151 of this title.
28 USC CHAPTER 89 -- DISTRICT COURTS; REMOVAL OF CASES FROM STATE
COURTS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
1441. Actions removable generally.
1442. Federal officers sued or prosecuted.
1442a. Members of armed forces sued or prosecuted.
1443. Civil rights cases.
1444. Foreclosure action against United States.
1445. Nonremovable actions.
1446. Procedure for removal.
1447. Procedure after removal generally.
1448. Process after removal.
1449. State court record supplied.
1450. Attachment or sequestration; securities.
1451. Definitions.
1452. Removal of claims related to bankruptcy cases.
1984 -- Pub. L. 98-353, title I, 103(b), July 10, 1984, 98 Stat.
335, added item 1452.
1970 -- Pub. L. 91-358, title I, 172(d)(2), July 29, 1970, 84 Stat.
591, added item 1451.
1958 -- Pub. L. 85-554, 5(b), July 25, 1958, 72 Stat. 416,
substituted ''Nonremovable actions'' for ''Carriers; non-removable
actions'' in item 1445.
1956 -- Act Aug. 10, 1956, ch. 1041, 19(b), 70A Stat. 627, added
item 1442a.
Puerto Rico, removal of causes to United States District Court of
Puerto Rico, see section 864 of Title 48, Territories and Insular
Possessions.
28 USC 1441. Actions removable generally
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Except as otherwise expressly provided by Act of Congress, any
civil action brought in a State court of which the district courts of
the United States have original jurisdiction, may be removed by the
defendant or the defendants, to the district court of the United States
for the district and division embracing the place where such action is
pending. For purposes of removal under this chapter, the citizenship of
defendants sued under fictitious names shall be disregarded.
(b) Any civil action of which the district courts have original
jurisdiction founded on a claim or right arising under the Constitution,
treaties or laws of the United States shall be removable without regard
to the citizenship or residence of the parties. Any other such action
shall be removable only if none of the parties in interest properly
joined and served as defendants is a citizen of the State in which such
action is brought.
(c) Whenever a separate and independent claim or cause of action
within the jurisdiction conferred by section 1331 of this title is
joined with one or more otherwise non-removable claims or causes of
action, the entire case may be removed and the district court may
determine all issues therein, or, in its discretion, may remand all
matters in which State law predominates.
(d) Any civil action brought in a State court against a foreign state
as defined in section 1603(a) of this title may be removed by the
foreign state to the district court of the United States for the
district and division embracing the place where such action is pending.
Upon removal the action shall be tried by the court without jury. Where
removal is based upon this subsection, the time limitations of section
1446(b) of this chapter may be enlarged at any time for cause shown.
(e) The court to which such civil action is removed is not precluded
from hearing and determining any claim in such civil action because the
State court from which such civil action is removed did not have
jurisdiction over that claim.
(June 25, 1948, ch. 646, 62 Stat. 937; Oct. 21, 1976, Pub. L.
94-583, 6, 90 Stat. 2898; June 19, 1986, Pub. L. 99-336, 3(a), 100
Stat. 637; Nov. 19, 1988, Pub. L. 100-702, title X, 1016(a), 102 Stat.
4669; Dec. 1, 1990, Pub. L. 101-650, title III, 312, 104 Stat. 5114;
Dec. 9, 1991, Pub. L. 102-198, 4, 105 Stat. 1623.)
Based on title 28, U.S.C., 1940 ed., 71, 114 (Mar. 3, 1911, ch.
231, 28, 53, 36 Stat. 1094, 1101; Jan. 20, 1914, ch. 11, 38 Stat.
278; Jan. 31, 1928, ch. 14, 1, 45 Stat. 54).
Section consolidates removal provisions of sections 71 and 114 of
title 28, U.S.C., 1940 ed., and is intended to resolve ambiguities and
conflicts of decisions.
Phrases such as ''in suits of a civil nature, at law or in equity,''
the words ''case,'' ''cause,'' ''suit,'' and the like have been omitted
and the words ''civil action'' substituted in harmony with Rules 2 and
81(c) of the Federal Rules of Civil Procedure.
Ambiguous phrases such as ''the District Court of the United States
for the proper district'' have been clarified by the substitution of the
phrase ''the district and division embracing the place where such action
is pending.'' (See General Investment Co. v. Lake Shore & M.S. Ry. Co.,
1922, 43 S.Ct. 107, 112, 260 U.S. 261, 67 L.Ed. 244 and cases cited
therein.)
All the provisions with reference to removal of controversies between
citizens of different States because of inability, from prejudice or
local influence, to obtain justice, have been discarded. These
provisions, born of the bitter sectional feelings engendered by the
Civil War and the Reconstruction period, have no place in the
jurisprudence of a nation since united by three wars against foreign
powers. Indeed, the practice of removal for prejudice or local
influence has not been employed much in recent years.
Subsection (c) has been substituted for the provision in section 71
of title 28, U.S.C., 1940 ed., ''and when in any suit mentioned in this
section, there shall be a controversy which is wholly between citizens
of different States, and which can be fully determined as between them,
then either one or more of the defendants actually interested in such
controversy may remove said suit into the district court of the United
States.''
This quoted language has occasioned much confusion. The courts have
attempted to distinguish between separate and separable controversies, a
distinction which is sound in theory but illusory in substance. (See 41
Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.)
Subsection (c) permits the removal of a separate cause of action but
not of a separable controversy unless it constitutes a separate and
independent claim or cause of action within the original jurisdiction of
United States District Courts. In this respect it will somewhat
decrease the volume of Federal litigation.
Rules 18, 20, and 23 of the Federal Rules of Civil Procedure permit
the most liberal joinder of parties, claims, and remedies in civil
actions. Therefore there will be no procedural difficulty occasioned by
the removal of the entire action. Conversely, if the court so desires,
it may remand to the State court all nonremovable matters.
The provisions of section 71 of title 28, U.S.C., 1940 ed., with
respect to removal of actions under the Federal Employer's Liability Act
(U.S.C., 1940 ed., title 45, Railroads, 51-60) and actions against a
carrier for loss, damage, or delay to shipments under section 20 of
title 49, U.S.C., 1940 ed., Transportation, are incorporated in section
1445 of this title.
1991 -- Subsec. (c). Pub. L. 102-198 struck out comma after
''title'' and substituted ''may'' for ''may may'' before ''remand''.
1990 -- Subsec. (c). Pub. L. 101-650 substituted ''within the
jurisdiction conferred by section 1331 of this title'' for '', which
would be removable if sued upon alone'' and ''may remand all matters in
which State law predominates'' for ''remand all matters not otherwise
within its original jurisdiction''.
1988 -- Subsec. (a). Pub. L. 100-702 inserted at end ''For purposes
of removal under this chapter, the citizenship of defendants sued under
fictitious names shall be disregarded.''
1986 -- Subsec. (e). Pub. L. 99-336 added subsec. (e).
1976 -- Subsec. (d). Pub. L. 94-583 added subsec. (d).
Section 3(b) of Pub. L. 99-336 provided that: ''The amendment made
by this section (amending this section) shall apply with respect to
claims in civil actions commenced in State courts on or after the date
of the enactment of this section (June 19, 1986).''
Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976,
see section 8 of Pub. L. 94-583, set out as an Effective Date note
under section 1602 of this title.
Application of Rules of Civil Procedure, see rule 81, Appendix to
this title.
Asian Development Bank, removal of actions against, see section 285f
of Title 22, Foreign Relations and Intercourse.
Citizenship of corporations for purposes of this section, see section
1332 of this title.
Federal Reserve banks and banking transactions, removal of actions
involving, see section 632 of Title 12, Banks and Banking.
Inter-American Development Bank, removal of actions against, see
section 283f of Title 22, Foreign Relations and Intercourse.
International Finance Corporation, removal of actions against, see
section 282f of Title 22.
International Monetary Fund and International Bank for Reconstruction
and Development, removal of actions against, see section 286g of Title
22.
International or foreign banking, removal of suits arising out of,
see section 632 of Title 12, Banks and Banking.
Securities Act, cases not removable, see section 77v of Title 15,
Commerce and Trade.
Stay of State court proceedings, see section 2283 of this title.
28 USC 1442. Federal officers sued or prosecuted
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A civil action or criminal prosecution commenced in a State court
against any of the following persons may be removed by them to the
district court of the United States for the district and division
embracing the place wherein it is pending:
(1) Any officer of the United States or any agency thereof, or person
acting under him, for any act under color of such office or on account
of any right, title or authority claimed under any Act of Congress for
the apprehension or punishment of criminals or the collection of the
revenue.
(2) A property holder whose title is derived from any such officer,
where such action or prosecution affects the validity of any law of the
United States.
(3) Any officer of the courts of the United States, for any act under
color of office or in the performance of his duties;
(4) Any officer of either House of Congress, for any act in the
discharge of his official duty under an order of such House.
(b) A personal action commenced in any State court by an alien
against any citizen of a State who is, or at the time the alleged action
accrued was, a civil officer of the United States and is a nonresident
of such State, wherein jurisdiction is obtained by the State court by
personal service of process, may be removed by the defendant to the
district court of the United States for the district and division in
which the defendant was served with process.
(June 25, 1948, ch. 646, 62 Stat. 938.)
Based on title 28, U.S.C., 1940 ed., 76 and 77 (Mar. 3, 1911, ch.
231, 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat.
532).
Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed.
The revised subsection (a)(1) is extended to apply to all officers
and employees of the United States or any agency thereof. Section 76 of
title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in
the enforcement of the criminal or revenue laws.
The procedural provisions of section 76 of title 28, U.S.C., 1940
ed., are incorporated in sections 1446 and 1447 of this title. (See
reviser's notes under those sections.)
Changes were made in phraseology.
Application of Rules of Civil Procedure to removed actions, see rule
81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory Committee
under rule 81.
Senate or House, suits against officers of, removal provisions
applicable, see section 118 of Title 2, The Congress.
Stay of State court proceedings, see section 2283 of this title.
28 USC 1442a. Members of armed forces sued or prosecuted
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
A civil or criminal prosecution in a court of a State of the United
States against a member of the armed forces of the United States on
account of an act done under color of his office or status, or in
respect to which he claims any right, title, or authority under a law of
the United States respecting the armed forces thereof, or under the law
of war, may at any time before the trial or final hearing thereof be
removed for trial into the district court of the United States for the
district where it is pending in the manner prescribed by law, and it
shall thereupon be entered on the docket of the district court, which
shall proceed as if the cause had been originally commenced therein and
shall have full power to hear and determine the cause.
(Added Aug. 10, 1956, ch. 1041, 19(a), 70A Stat. 626.)
Section was from the Uniform Code of Military Justice, act May 5,
1950, ch. 169, 9, 64 Stat. 146, which was based on Article 117,
Articles of War, act June 4, 1920, ch. 227, subch. II, 1, 41 Stat.
811, as amended June 24, 1948, ch. 625, title II, 242, 62 Stat. 642.
28 USC 1443. Civil rights cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any of the following civil actions or criminal prosecutions,
commenced in a State court may be removed by the defendant to the
district court of the United States for the district and division
embracing the place wherein it is pending:
(1) Against any person who is denied or cannot enforce in the courts
of such State a right under any law providing for the equal civil rights
of citizens of the United States, or of all persons within the
jurisdiction thereof;
(2) For any act under color of authority derived from any law
providing for equal rights, or for refusing to do any act on the ground
that it would be inconsistent with such law.
(June 25, 1948, ch. 646, 62 Stat. 938.)
Based on title 28, U.S.C., 1940 ed., 74 (Mar. 3, 1911, ch. 231, 31,
36 Stat. 1096).
Other provisions of section 74 of title 28, U.S.C., 1940 ed., are
incorporated in sections 1446 and 1447 of this title.
Words ''or in the part of the State where such suit or prosecution is
pending'' after ''courts of such States,'' were omitted as unnecessary.
Changes were made in phraseology.
Application of rules, see rule 81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory Committee
under rule 81.
Stay of State court proceedings, see section 2283 of this title.
28 USC 1444. Foreclosure action against United States
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any action brought under section 2410 of this title against the
United States in any State court may be removed by the United States to
the district court of the United States for the district and division in
which the action is pending.
(June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949, ch. 139, 82,
63 Stat. 101.)
Based on title 28, U.S.C., 1940 ed., 903 (Mar. 4, 1931, ch. 515, 3,
46 Stat. 1529).
The procedural provisions of section 903 of title 28, U.S.C., 1940
ed., were omitted as covered by section 1446 of this title.
Changes were made in phraseology.
This section corrects typographical errors in section 1444 of title
28, U.S.C.
1949 -- Act May 24, 1949, inserted ''court'' between ''State'' and
''may'', and substituted ''division'' for ''divisions''.
Actions affecting property on which United States has a lien, see
section 2410 of this title.
Stay of State court proceedings, see section 2283 of this title.
28 USC 1445. Nonremovable actions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A civil action in any State court against a railroad or its
receivers or trustees, arising under sections 51-60 of Title 45, may not
be removed to any district court of the United States.
(b) A civil action in any State court against a common carrier or its
receivers or trustees to recover damages for delay, loss, or injury of
shipments, arising under section 11707 of title 49, may not be removed
to any district court of the United States unless the matter in
controversy exceeds $10,000, exclusive of interest and costs.
(c) A civil action in any State court arising under the workmen's
compensation laws of such State may not be removed to any district court
of the United States.
(June 25, 1948, ch. 646, 62 Stat. 939; July 25, 1958, Pub. L.
85-554, 5, 72 Stat. 415; Oct. 17, 1978, Pub. L. 95-473, 2(a)(3)(A),
92 Stat. 1465; Oct. 20, 1978, Pub. L. 95-486, 9(b), 92 Stat. 1634.)
Based on title 28, U.S.C., 1940 ed., 71 (Mar. 3, 1911, ch. 231, 28,
36 Stat. 1094; Jan. 20, 1914, ch. 11, 38 Stat. 278; Jan. 31, 1928, ch.
14, 1, 45 Stat. 54).
The words ''or its receivers or trustees'' were inserted in both
subsections to make clear that nonremovable actions against a carrier do
not become removable under section 1442 of this title when filed against
court receivers or trustees.
This was the unquestioned rule prior to the act of Aug. 23, 1916,
ch. 399, 39 Stat. 532, amending section 76 of title 28, U.S.C., 1940
ed., and permitting removal of actions against officers of United States
courts. The cases are in conflict as to whether under that amendment
the case becomes removable when the carrier is in receivership or
undergoing reorganization. The revised section resolves the conflict by
denying the right of removal to receivers and trustees where it would be
nonexistent if the carrier were the party defendant. Thus the subject
matter rather than legalistic distinctions as to the identity of the
parties is made determinative consideration.
A reference in section 71 of title 28, U.S.C., 1940 ed., to sections
51-59 of title 45, U.S.C., 1940 ed., Railroads, was changed to
''51-60.'' Such sections 51-59 embraced all of chapter 2 of said title
45 when the law on which such section 71 is based was enacted, but a new
section (60) was added in 1939.
Other provisions of section 71 of title 28, U.S.C., 1940 ed., appear
in section 1441 of this title.
Changes were made in phraseology.
Sections 51-60 of Title 45, referred to in subsec. (a), are based on
act Apr. 22, 1908, ch. 149, 35 Stat. 65, as amended, which is
popularly known as the Employer's Liability Act.
1978 -- Subsec. (b). Pub. L. 95-486 substituted ''$10,000'' for
''$3,000''.
Pub. L. 95-473 substituted ''section 11707 of title 49'' for
''section 20 of Title 49''.
1958 -- Pub. L. 85-554 substituted ''Nonremovable actions'' for
''Carriers; nonremovable actions'' in section catchline and added
subsec. (c).
Amendment by Pub. L. 85-554 applicable only in the case of actions
commenced after July 25, 1958, see section 3 of Pub. L. 85-554, set
out as a note under section 1331 of this title.
Stay of State court proceedings, see section 2283 of this title.
28 USC 1446. Procedure for removal
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A defendant or defendants desiring to remove any civil action or
criminal prosecution from a State court shall file in the district court
of the United States for the district and division within which such
action is pending a notice of removal signed pursuant to Rule 11 of the
Federal Rules of Civil Procedure and containing a short and plain
statement of the grounds for removal, together with a copy of all
process, pleadings, and orders served upon such defendant or defendants
in such action.
(b) The notice of removal of a civil action or proceeding shall be
filed within thirty days after the receipt by the defendant, through
service or otherwise, of a copy of the initial pleading setting forth
the claim for relief upon which such action or proceeding is based, or
within thirty days after the service of summons upon the defendant if
such initial pleading has then been filed in court and is not required
to be served on the defendant, whichever period is shorter.
If the case stated by the initial pleading is not removable, a notice
of removal may be filed within thirty days after receipt by the
defendant, through service or otherwise, of a copy of an amended
pleading, motion, order or other paper from which it may first be
ascertained that the case is one which is or has become removable,
except that a case may not be removed on the basis of jurisdiction
conferred by section 1332 of this title more than 1 year after
commencement of the action.
(c)(1) A notice of removal of a criminal prosecution shall be filed
not later than thirty days after the arraignment in the State court, or
at any time before trial, whichever is earlier, except that for good
cause shown the United States district court may enter an order granting
the petitioner leave to file the notice at a later time.
(2) A notice of removal of a criminal prosecution shall include all
grounds for such removal. A failure to state grounds which exist at the
time of the filing of the notice shall constitute a waiver of such
grounds, and a second notice may be filed only on grounds not existing
at the time of the original notice. For good cause shown, the United
States district court may grant relief from the limitations of this
paragraph.
(3) The filing of a notice of removal of a criminal prosecution shall
not prevent the State court in which such prosecution is pending from
proceeding further, except that a judgment of conviction shall not be
entered unless the prosecution is first remanded.
(4) The United States district court in which such notice is filed
shall examine the notice promptly. If it clearly appears on the face of
the notice and any exhibits annexed thereto that removal should not be
permitted, the court shall make an order for summary remand.
(5) If the United States district court does not order the summary
remand of such prosecution, it shall order an evidentiary hearing to be
held promptly and after such hearing shall make such disposition of the
prosecution as justice shall require. If the United States district
court determines that removal shall be permitted, it shall so notify the
State court in which prosecution is pending, which shall proceed no
further.
(d) Promptly after the filing of such notice of removal of a civil
action the defendant or defendants shall give written notice thereof to
all adverse parties and shall file a copy of the notice with the clerk
of such State court, which shall effect the removal and the State court
shall proceed no further unless and until the case is remanded.
(e) If the defendant or defendants are in actual custody on process
issued by the State court, the district court shall issue its writ of
habeas corpus, and the marshal shall thereupon take such defendant or
defendants into his custody and deliver a copy of the writ to the clerk
of such State court.
(June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, 83,
63 Stat. 101; Sept. 29, 1965, Pub. L. 89-215, 79 Stat. 887; July 30,
1977, Pub. L. 95-78, 3, 91 Stat. 321; Nov. 19, 1988, Pub. L. 100-702,
title X, 1016(b), 102 Stat. 4669; Dec. 9, 1991, Pub. L. 102-198,
10(a), 105 Stat. 1626.)
Based on title 28, U.S.C., 1940 ed., 72, 74, 75, 76 (May 3, 1911,
ch. 231, 29, 31, 32, 33, 36 Stat. 1095, 1097; Aug. 23, 1916, ch. 399,
39 Stat. 532; July 30, 1977, Pub. L. 95-78, 3, 91 Stat. 321.)
Section consolidates portions of sections 74, 75, and 76 with section
72 of title 28, U.S.C., 1940 ed., with important changes of substance
and phraseology.
Subsection (a), providing for the filing of the removal petition in
the district court, is substituted for the requirement of sections 72
and 74 of title 28, U.S.C., 1940 ed., that the petition be filed in the
State court. This conforms to the method prescribed by section 76 of
title 28, U.S.C., 1940 ed., and to the recommendation of United States
District Judges Calvin W. Chesnut and T. Waties Warring approved by
the Committee of the Judicial Conference on the Revision of the Judicial
Code.
Subsection (b) makes uniform the time for filing petitions to remove
all civil actions within twenty days after commencement of action or
service of process whichever is later, instead of ''at any time before
the defendant is required by the laws of the State or the rule of the
State court in which such suit is brought to answer or plead'' as
required by section 72 of title 28, U.S.C., 1940 ed. As thus revised,
the section will give adequate time and operate uniformly throughout the
Federal jurisdiction. The provisions of sections 74 and 76 of title 28,
U.S.C., 1940 ed., for filing at any time ''before trial or final
hearing'' in civil rights cases and cases involving revenue officers,
court officers and officers of either House of Congress were omitted.
Subsection (c) embodies the provisions of sections 74 and 76 of title
28, U.S.C., 1940 ed., for filing the removal petition before trial and
makes them applicable to all criminal prosecutions but not to civil
actions. This provision was retained to protect Federal officers
enforcing revenue or criminal laws from being rushed to trial in State
courts before petition for removal could be filed. Words ''or final
hearing'' following the words ''before trial,'' were omitted for
purposes of clarity and simplification of procedure.
The provision of said section 76 of title 28, U.S.C., 1940 ed., for
certificate of counsel that he has examined the proceedings and
carefully inquired into all matters set forth in the petition and
believes them to be true, was omitted as unnecessary and inconsistent
with Rule 11 of the Federal Rules of Civil Procedure.
Subsection (d) is derived from sections 72 and 74 of title 28,
U.S.C., 1940 ed., but the requirement for cost bond is limited to civil
actions in conformity with the more enlightened trend of modern
procedure to remove all unnecessary impediments to the administration of
criminal justice. Provisions of said section 72 as to the conditions of
the bond were rewritten because inappropriate when the petition for
removal is filed in the Federal court.
Subsection (e) provides for notice to the adverse parties and for the
filing in the State court of a copy of the petition for removal in
substitution for the requirements of sections 72 and 74 of title 28,
U.S.C., 1940 ed., for the filing of the removal petition in the State
court. The last sentence of subsection (e) is derived from sections 72,
74 and 76 of title 28, U.S.C., 1940 ed.
Subsection (f) is derived from sections 75 and 76 of title 28,
U.S.C., 1940 ed.
Since the procedure in removal cases is now governed by the Federal
Rules of Civil Procedure (Rule 81(c)) and Federal Rules of Criminal
Procedure (Rule 54(b)), the detailed directions of the various sections
with respect to such procedure were omitted as unnecessary.
Thus the provision of section 72 of title 28, U.S.C., 1940 ed., with
respect to appearance, special bail and filing the record were omitted
as covered by the Federal Rules of Civil Procedure, Rules 64, 81(c).
The provisions of section 74 of title 28, U.S.C., 1940 ed., as to the
effect of security and other proceedings and remedies in the State court
were omitted as covered by section 1450 of this title.
The requirements of section 74 of title 28, U.S.C., 1940 ed., that
the clerk of the State court shall furnish copies of pleadings and
proceedings to the petitioner and that the petitioner shall file the
same in the district court are covered by section 1447 of this title.
The provisions of section 74 of title 28, U.S.C., 1940 ed., requiring
the adverse parties to plead anew in the district court were omitted as
unnecessary in view of Federal Rules of Civil Procedure, Rule 81(c).
The last sentence of such section was omitted as covered by section
1447(d) of this title.
Subsection (b) of section 1446 of title 28, U.S.C., as revised, has
been found to create difficulty in those States, such as New York, where
suit is commenced by the service of a summons and the plaintiff's
initial pleading is not required to be served or filed until later.
The first paragraph of the amendment to subsection (b) corrects this
situation by providing that the petition for removal need not be filed
until 20 days after the defendant has received a copy of the plaintiff's
initial pleading.
This provision, however, without more, would create further
difficulty in those States, such as Kentucky, where suit is commenced by
the filing of the plaintiff's initial pleading and the issuance and
service of a summons without any requirement that a copy of the pleading
be served upon or otherwise furnished to the defendant. Accordingly the
first paragraph of the amendment provides that in such cases the
petition for removal shall be filed within 20 days after the service of
the summons.
The first paragraph of the amendment conforms to the amendment of
rule 81(c) of the Federal Rules of Civil Procedure, relating to removed
actions, adopted by the Supreme Court on December 29, 1948, and reported
by the Court to the present session of Congress.
The second paragraph of the amendment to subsection (b) is intended
to make clear that the right of removal may be exercised at a later
stage of the case if the initial pleading does not state a removable
case but its removability is subsequently disclosed. This is
declaratory of the existing rule laid down by the decisions. (See for
example, Powers v. Chesapeake etc., Ry. Co., 169 U.S. 92.)
In addition, this amendment clarifies the intent of section 1446(e)
of title 28, U.S.C., to indicate that notice need not be given
simultaneously with the filing, but may be given promptly thereafter.
The Federal Rules of Civil Procedure, referred to in subsec. (a),
are set out in the Appendix to this title.
1991 -- Subsec. (c)(1). Pub. L. 102-198, 10(a)(1), (4), substituted
''notice of'' for ''petition for'' and ''the notice'' for ''the
petition''.
Subsec. (c)(2). Pub. L. 102-198, 10(a)(1), (4), substituted ''notice
of'' for ''petition for'' and substituted ''notice'' for ''petition'' in
three places.
Subsec. (c)(3). Pub. L. 102-198, 10(a)(1), (2), substituted ''notice
of'' for ''petition for'' and ''prosecution is first remanded'' for
''petition is first denied''.
Subsec. (c)(4), (5). Pub. L. 102-198, 10(a)(3), added pars. (4)
and (5) and struck out former pars. (4) and (5) which read as follows:
''(4) The United States district court to which such petition is
directed shall examine the petition promptly. If it clearly appears on
the face of the petition and any exhibits annexed thereto that the
petition for removal should not be granted, the court shall make an
order for its summary dismissal.
''(5) If the United States district court does not order the summary
dismissal of such petition, it shall order an evidentiary hearing to be
held promptly and after such hearing shall make such disposition of the
petition as justice shall require. If the United States district court
determines that such petition shall be granted, it shall so notify the
State court in which prosecution is pending, which shall proceed no
further.''
Subsec. (d). Pub. L. 102-198, 10(a)(1), (4), (5), substituted
''notice of removal'' for ''petition for the removal'', struck out ''and
bond'' after ''civil action'', and substituted ''notice with'' for
''petition with''.
1988 -- Subsec. (a). Pub. L. 100-702, 1016(b)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ''A
defendant or defendants desiring to remove any civil action or criminal
prosecution from a State court shall file in the district court of the
United States for the district and division within which such action is
pending a verified petition containing a short and plain statement of
the facts which entitle him or them to removal together with a copy of
all process, pleadings and orders served upon him or them in such
action.''
Subsec. (b). Pub. L. 100-702, 1016(b)(2), substituted ''notice of
removal'' for ''petition for removal'' in two places and inserted before
period at end of second par. '', except that a case may not be removed
on the basis of jurisdiction conferred by section 1332 of this title
more than 1 year after commencement of the action''.
Subsecs. (d) to (f). Pub. L. 100-702, 1016(b)(3), redesignated
subsecs. (e) and (f) as (d) and (e), respectively, and struck out
former subsec. (d) which read as follows: ''Each petition for removal
of a civil action or proceeding, except a petition in behalf of the
United States, shall be accompanied by a bond with good and sufficient
surety conditioned that the defendant or defendants will pay all costs
and disbursements incurred by reason of the removal proceedings should
it be determined that the case was not removable or was improperly
removed.''
1977 -- Subsec. (c). Pub. L. 95-78, 3(a), designated existing
provisions as par. (1), set a period of 30 days as the maximum
allowable time prior to commencement of trial and following arraignment
during which time a petition for removal can be filed, provided for the
grant of additional time for good cause shown, and added pars. (2) to
(5).
Subsec. (e). Pub. L. 95-78, 3(b), inserted ''for the removal of a
civil action'' after ''filing of such petition''.
1965 -- Subsec. (b). Pub. L. 89-215 substituted ''thirty days'' for
''twenty days'' wherever appearing.
1949 -- Subsec. (b). Act May 24, 1949, 83(a), provided that the
petition for removal need not be filed until 20 days after the defendant
has received a copy of the plaintiff's initial pleading, and provided
that the petition for removal shall be filed within 20 days after the
service of summons.
Subsec. (e). Act May 24, 1949, 83(b), indicated that notice need not
be given simultaneously with the filing, but may be made promptly
thereafter.
Amendment by Pub. L. 95-78 effective Oct. 1, 1977, see section 4 of
Pub. L. 95-78, set out as an Effective Date of Pub. L. 95-78 note
under section 3771 of Title 18, Crimes and Criminal Procedure.
Application of Rules of Civil Procedure, see rule 81, Appendix to
this title.
Continuation of section under rule 81, see note by Advisory Committee
under rule 81.
Stay of State court proceedings, see section 2283 of this title.
title 25 sections 487, 610c, 642, 670; title 42
section 2210.
28 USC 1447. Procedure after removal generally
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) In any case removed from a State court, the district court may
issue all necessary orders and process to bring before it all proper
parties whether served by process issued by the State court or
otherwise.
(b) It may require the removing party to file with its clerk copies
of all records and proceedings in such State court or may cause the same
to be brought before it by writ of certiorari issued to such State
court.
(c) A motion to remand the case on the basis of any defect in removal
procedure must be made within 30 days after the filing of the notice of
removal under section 1446(a). If at any time before final judgment it
appears that the district court lacks subject matter jurisdiction, the
case shall be remanded. An order remanding the case may require payment
of just costs and any actual expenses, including attorney fees, incurred
as a result of the removal. A certified copy of the order of remand
shall be mailed by the clerk to the clerk of the State court. The State
court may thereupon proceed with such case.
(d) An order remanding a case to the State court from which it was
removed is not reviewable on appeal or otherwise, except that an order
remanding a case to the State court from which it was removed pursuant
to section 1443 of this title shall be reviewable by appeal or
otherwise.
(e) If after removal the plaintiff seeks to join additional
defendants whose joinder would destroy subject matter jurisdiction, the
court may deny joinder, or permit joinder and remand the action to the
State court.
(June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, 84,
63 Stat. 102; July 2, 1964, Pub. L. 88-352, title IX, 901, 78 Stat.
266; Nov. 19, 1988, Pub. L. 100-702, title X, 1016(c), 102 Stat. 4670;
Dec. 9, 1991, Pub. L. 102-198, 10(b), 105 Stat. 1626.)
Based on title 28, U.S.C., 1940 ed., 71, 72, 74, 76, 80, 81 and 83
(Mar. 3, 1911, ch. 231, 28, 29, 31, 33, 37 and 38, 36 Stat.
1094-1098; Jan. 20, 1914, ch. 11, 39 Stat. 278; Aug. 23, 1916, ch.
399, 39 Stat. 532; Apr. 16, 1920, ch. 146, 41 Stat. 554; Jan. 31,
1928, ch. 14, 1, 45 Stat. 54).
Section consolidates procedural provisions of sections 71, 72, 74,
76, 80, 81 and 83 of title 28, U.S.C., 1940 ed., with important changes
in substance and phraseology.
Subsection (a) is derived from sections 72, 76, 81 and 83 of title
28, U.S.C., 1940 ed. The remaining provisions of said section 83 are
the basis of section 1448 of this title.
Subsection (b) is derived from sections 72, 74, 76 and 83 of title
28, U.S.C., 1940 ed., which have been rewritten to provide the utmost
simplicity and flexibility of procedure in bringing the State court
record to the district court.
(Editorial Note. -- Subsecs. (c), (d) and (e) as originally revised
and incorporated in this section read as follows:
''(c) It may order the pleadings recast and the parties realigned
according to their real interest.
''(d) If any party fails to comply with its lawful orders, the
district court may enter such further orders and judgments as justice
requires.
''(e) If at any time before final judgment it appears that the case
was removed improvidently and without jurisdiction, the district court
shall remand the case. A certified copy of the order of remand shall be
mailed by its clerk to the clerk of the State court. The State court
may thereupon proceed with such case.'')
Subsections (c) and (d) are substituted for unnecessary and
inconsistent procedural provisions.
Subsection (e) (now subsec. (c)) is derived from sections 71 and 80
of title 28, U.S.C., 1940 ed. Such subsection is rewritten to eliminate
the cumbersome procedure of remand. Under this chapter as revised, the
petition for removal under section 1446 of this chapter will be filed in
the Federal court in the first instance and the right of removal
determined in that court before the petition is granted.
The provisions in section 80 of title 28, U.S.C., 1940 ed., relating
to actions commenced in district courts, as distinguished from actions
removed thereto, are incorporated in section 1359 of this title. Other
provisions of said section 80 appear in section 1919 of this title.
This section strikes out subsections (c) and (d) of section 1447 of
title 28, U.S.C., as covered by the Federal Rules of Civil Procedure,
and adds a new subsection to such section 1447 to remove any doubt that
the former law as to the finality of an order of remand to a State court
is continued. This section also amends renumbered subsection (c) to
remove any doubt that the former law authorizing the district court upon
remand to order payment of costs is continued.
1991 -- Subsec. (b). Pub. L. 102-198 substituted ''removing party''
for ''petitioner''.
1988 -- Subsec. (c). Pub. L. 100-702, 1016(c)(1), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows: ''If
at any time before final judgment it appears that the case was removed
improvidently and without jurisdiction, the district court shall remand
the case, and may order the payment of just costs. A certified copy of
the order of remand shall be mailed by its clerk to the clerk of the
State court. The State court may thereupon proceed with such case.''
Subsec. (e). Pub. L. 100-702, 1016(c)(2), added subsec. (e).
1964 -- Subsec. (d). Pub. L. 88-352, inserted exception provision.
1949 -- Subsec. (c). Act May 24, 1949, 84(a), struck out former
subsecs. (c) and (d), renumbered former subsec. (e) to be subsec. (c)
and inserted at end of first sentence of new subsec. (c) ''and may
order the payment of just costs''.
Subsec. (d). Act May 24, 1949, 84(b), added subsec. (d).
Act Aug. 4, 1947, ch. 458, 3(c), 61 Stat. 732, provides in part
that the United States shall have the right to appeal from any order of
remand entered in any case removed to a United States district court
pursuant to the provisions of act Apr. 12, 1926, ch. 115, 44 Stat.
239. These acts referred to herein relate to restrictions on land of the
Five Civilized Tribes of Oklahoma and are set out as notes under section
355 of Title 25, Indians.
Application of Rules, see rule 81, Appendix to this title.
Amendment of pleadings to show jurisdiction, see section 1653 of this
title.
Parties collusively joined or made, see section 1359 of this title.
Stay of State court proceedings, see section 2283 of this title.
28 USC 1448. Process after removal
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
In all cases removed from any State court to any district court of
the United States in which any one or more of the defendants has not
been served with process or in which the service has not been perfected
prior to removal, or in which process served proves to be defective,
such process or service may be completed or new process issued in the
same manner as in cases originally filed in such district court.
This section shall not deprive any defendant upon whom process is
served after removal of his right to move to remand the case.
(June 25, 1948, ch. 646, 62 Stat. 940.)
Based on title 28, U.S.C., 1940 ed., 83 (Apr. 16, 1920, ch. 146, 41
Stat. 554).
Words ''district court of the United States'' were substituted for
''United States Court,'' because only the district courts now possess
jurisdiction over removed civil and criminal cases.
Changes were made in phraseology.
Application of Rules, see rule 81, Appendix to this title.
Power of district court to bring before it proper parties, whether or
not served with State court process, see section 1447 of this title.
28 USC 1449. State court record supplied
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Where a party is entitled to copies of the records and proceedings in
any suit or prosecution in a State court, to be used in any district
court of the United States, and the clerk of such State court, upon
demand, and the payment or tender of the legal fees, fails to deliver
certified copies, the district court may, on affidavit reciting such
facts, direct such record to be supplied by affidavit or otherwise.
Thereupon such proceedings, trial, and judgment may be had in such
district court, and all such process awarded, as if certified copies had
been filed in the district court.
(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, 85,
63 Stat. 102.)
Based on title 28, U.S.C., 1940 ed., 78 (Mar. 3, 1911, ch. 231, 35,
36 Stat. 1098).
Changes were made in phraseology.
This section corrects a typographical error by eliminating from
section 1449 of title 28, U.S.C., the words ''any attachment or
sequestration of the'', which had been inadvertently included, and
inserting in lieu thereof the words, ''and the clerk of such State
court, upon''.
1949 -- Act May 24, 1949, substituted ''and the clerk of such State
court, upon'' for ''any attachment or sequestration of the''.
Continuation of former sections 78 and 82, see note by Advisory
Committee under rule 81, Appendix to this title.
Writs of certiorari to State courts, see section 1447 of this title.
28 USC 1450. Attachment or sequestration; securities
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Whenever any action is removed from a State court to a district court
of the United States, any attachment or sequestration of the goods or
estate of the defendant in such action in the State court shall hold the
goods or estate to answer the final judgment or decree in the same
manner as they would have been held to answer final judgment or decree
had it been rendered by the State court.
All bonds, undertakings, or security given by either party in such
action prior to its removal shall remain valid and effectual
notwithstanding such removal.
All injunctions, orders, and other proceedings had in such action
prior to its removal shall remain in full force and effect until
dissolved or modified by the district court.
(June 25, 1948, ch. 646, 62 Stat. 940.)
Based on title 28, U.S.C., 1940 ed., 79 (Mar. 3, 1911, ch. 231, 36,
36 Stat. 1098).
Changes were made in phraseology.
Attachment or sequestration in federal court after removal, see rule
64, Appendix to this title.
Continuation of section, see note by Advisory Committee under rule
81.
Jury trial in removal actions, see rule 81.
28 USC 1451. Definitions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
For purposes of this chapter --
(1) The term ''State court'' includes the Superior Court of the
District of Columbia.
(2) The term ''State'' includes the District of Columbia.
(Added Pub. L. 91-358, title I, 172(d)(1), July 29, 1970, 84 Stat.
591.)
Section effective first day of seventh calendar month which begins
after July 29, 1970, see section 199(a) of Pub. L. 91-358, set out as
an Effective Date of 1970 Amendment note under section 1257 of this
title.
28 USC 1452. Removal of claims related to bankruptcy cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) A party may remove any claim or cause of action in a civil action
other than a proceeding before the United States Tax Court or a civil
action by a governmental unit to enforce such governmental unit's police
or regulatory power, to the district court for the district where such
civil action is pending, if such district court has jurisdiction of such
claim or cause of action under section 1334 of this title.
(b) The court to which such claim or cause of action is removed may
remand such claim or cause of action on any equitable ground. An order
entered under this subsection remanding a claim or cause of action, or a
decision to not remand, is not reviewable by appeal or otherwise by the
court of appeals under section 158(d), 1291, or 1292 of this title or by
the Supreme Court of the United States under section 1254 of this title.
(Added Pub. L. 98-353, title I, 103(a), July 10, 1984, 98 Stat.
335; amended Pub. L. 101-650, title III, 309(c), Dec. 1, 1990, 104
Stat. 5113.)
1990 -- Subsec. (b). Pub. L. 101-650 inserted before period at end
''by the court of appeals under section 158(d), 1291, or 1292 of this
title or by the Supreme Court of the United States under section 1254 of
this title''.
Section effective July 10, 1984, see section 122(a) of Pub. L.
98-353, set out as a note under section 151 of this title.
28 USC (CHAPTER 90 -- OMITTED)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Chapter 90, consisting of sections 1471 to 1482, which was added by
Pub. L. 95-598, title II, 241(a), Nov. 6, 1978, 92 Stat. 2668, and
which related to district courts and bankruptcy courts, 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.
Pub. L. 95-598, title IV, 409, Nov. 6, 1978, 92 Stat. 2687, as
amended by Pub. L. 98-249, 1(d), Mar. 31, 1984, 98 Stat. 116; Pub.
L. 98-271, 1(d), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, 1(d),
May 25, 1984, 98 Stat. 214; Pub. L. 98-325, 1(d), June 20, 1984, 98
Stat. 268; Pub. L. 98-353, title I, 121(d), July 10, 1984, 98 Stat.
346, which provided for transfer to the new court system of cases, and
matters and proceedings in cases, under the Bankruptcy Act (former Title
11) pending at the end of Sept. 30, 1983, in the courts of bankruptcy
continued under section 404(a) of Pub. L. 95-598, with certain
exceptions, and cases and proceedings arising under or related to cases
under Title 11 pending at the end of July 9, 1984, and directed that
civil actions pending on July 9, 1984, over which a bankruptcy court had
jurisdiction on July 9, 1984, not abate, but continuation of such
actions not finally determined before Apr. 1, 1985, be removed to a
bankruptcy court under this chapter, and that all law books,
publications, etc., furnished bankruptcy judges as of July 9, 1984, be
transferred to the United States bankruptcy courts under the supervision
of the Director of the Administrative Office of the United States
Courts, was repealed by Pub. L. 98-353, title I, 122(a), July 10,
1984, 98 Stat. 343, 346, eff. July 10, 1984.
28 USC CHAPTER 91 -- UNITED STATES COURT OF FEDERAL CLAIMS
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Sec.
1491. Claims against United States generally; actions involving
Tennessee Valley Authority.
1492. Congressional reference cases.
(1493. Repealed.)
1494. Accounts of officers, agents or contractors.
1495. Damages for unjust conviction and imprisonment; claim against
United States.
1496. Disbursing officers' claims.
1497. Oyster growers' damages from dredging operations.
1498. Patent and copyright cases.
1499. Liquidated damages withheld from contractors under Contract
Work Hours and Safety Standards Act.
1500. Pendency of claims in other courts.
1501. Pensions.
1502. Treaty cases.
1503. Set-offs.
(1504. Repealed.)
1505. Indian claims.
(1506. Repealed.)
1507. Jurisdiction for certain declaratory judgments.
1508. Jurisdiction for certain partnership proceedings.
1509. No jurisdiction in cases involving refunds of tax shelter
promoter and understatement penalties.
This section inserts in the analysis of chapter 91 of title 28,
U.S.C., item 1505, corresponding to new section 1505.
1992 -- Pub. L. 102-572, title IX, 902(a)(1), Oct. 29, 1992, 106
Stat. 4516, substituted ''UNITED STATES COURT OF FEDERAL CLAIMS'' for
''UNITED STATES CLAIMS COURT'' as chapter heading.
1984 -- Pub. L. 98-369, div. A, title VII, 714(g)(3), July 18,
1984, 98 Stat. 962, added item 1509.
1982 -- Pub. L. 97-248, title IV, 402(c)(18)(B), Sept. 3, 1982, 96
Stat. 669, added item 1508.
Pub. L. 97-164, title I, 133(e)(2)(B), (f), (h), (j)(2), Apr. 2,
1982, 96 Stat. 41, substituted ''UNITED STATES CLAIMS COURT'' for
''COURT OF CLAIMS'' in chapter heading, substituted ''Liquidated damages
withheld from contractors under Contract Work Hours and Safety Standards
Act'' for ''Penalties imposed against contractors under eight hour law''
in item 1499, and struck out items 1504 ''Tort Claims'' and 1506
''Transfer to cure defect of jurisdiction''.
1976 -- Pub. L. 94-455, title XIII, 1306(b)(9)(B), Oct. 4, 1976,
90 Stat. 1720, added item 1507.
1960 -- Pub. L. 86-770, 2(b), Sept. 13, 1960, 74 Stat. 912, added
item 1506.
Pub. L. 86-726, 4, Sept. 8, 1960, 74 Stat. 856, substituted
''Patent and copyright cases'' for ''Patent cases'' in item 1498.
1954 -- Act Sept. 3, 1954, ch. 1263, 43, 68 Stat. 1241, inserted
''; actions involving Tennessee Valley Authority'' in item 1491 and
struck out item 1493 ''Departmental reference cases''.
1949 -- Act May 24, 1949, ch. 139, 86, 63 Stat. 102, added item
1505.
See Appendix to this title.
District courts, concurrent jurisdiction of actions or claims not
exceeding $10,000, see section 1346 of this title.
Organization of Court of Federal Claims, see section 171 et seq. of
this title.
Procedure in Court of Federal Claims, see section 2501 et seq. of
this title.
28 USC 1491. Claims against United States generally; actions
involving Tennessee Valley Authority
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a)(1) The United States Court of Federal Claims shall have
jurisdiction to render judgment upon any claim against the United States
founded either upon the Constitution, or any Act of Congress or any
regulation of an executive department, or upon any express or implied
contract with the United States, or for liquidated or unliquidated
damages in cases not sounding in tort. For the purpose of this
paragraph, an express or implied contract with the Army and Air Force
Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard
Exchanges, or Exchange Councils of the National Aeronautics and Space
Administration shall be considered an express or implied contract with
the United States.
(2) To provide an entire remedy and to complete the relief afforded
by the judgment, the court may, as an incident of and collateral to any
such judgment, issue orders directing restoration to office or position,
placement in appropriate duty or retirement status, and correction of
applicable records, and such orders may be issued to any appropriate
official of the United States. In any case within its jurisdiction, the
court shall have the power to remand appropriate matters to any
administrative or executive body or official with such direction as it
may deem proper and just. The Court of Federal Claims shall have
jurisdiction to render judgment upon any claim by or against, or dispute
with, a contractor arising under section 10(a)(1) of the Contract
Disputes Act of 1978, including a dispute concerning termination of a
contract, rights in tangible or intangible property, compliance with
cost accounting standards, and other nonmonetary disputes on which a
decision of the contracting officer has been issued under section 6 of
that Act.
(3) To afford complete relief on any contract claim brought before
the contract is awarded, the court shall have exclusive jurisdiction to
grant declaratory judgments and such equitable and extraordinary relief
as it deems proper, including but not limited to injunctive relief. In
exercising this jurisdiction, the court shall give due regard to the
interests of national defense and national security.
(b) Nothing herein shall be construed to give the United States Court
of Federal Claims jurisdiction of any civil action within the exclusive
jurisdiction of the Court of International Trade, or of any action
against, or founded on conduct of, the Tennessee Valley Authority, or to
amend or modify the provisions of the Tennessee Valley Authority Act of
1933 with respect to actions by or against the Authority.
(June 25, 1948, ch. 646, 62 Stat. 940; July 28, 1953, ch. 253, 7,
67 Stat. 226; Sept. 3, 1954, ch. 1263, 44(a), (b), 68 Stat. 1241;
July 23, 1970, Pub. L. 91-350, 1(b), 84 Stat. 449; Aug. 29, 1972, Pub.
L. 92-415, 1, 86 Stat. 652; Nov. 1, 1978, Pub. L. 95-563, 14(i), 92
Stat. 2391; Oct. 10, 1980, Pub. L. 96-417, title V, 509, 94 Stat.
1743; Apr. 2, 1982, Pub. L. 97-164, title I, 133(a), 96 Stat. 39;
Oct. 29, 1992, Pub. L. 102-572, title IX, 902(a), 907(b)(1), 106 Stat.
4516, 4519.)
Based on title 28, U.S.C., 1940 ed., 250(1) (Mar. 3, 1911, ch. 231;
145, 36 Stat. 1136).
District courts are given concurrent jurisdiction of certain claims
against the United States under section 1346 of this title. (See also
reviser's note under that section and section 1621 of this title
relating to jurisdiction of the Tax Court.)
The proviso in section 250(1) of title 28, U.S.C., 1940 ed., relating
to claims growing out of the Civil War, commonly known as ''war
claims,'' and other claims which had been reported adversely before
March 3, 1887 by any court, department, or commission authorized to
determine them, were omitted as obsolete.
The exception in section 250(1) of title 28, U.S.C., 1940 ed., as to
pension claims appears in section 1501 of this title.
Words ''in respect of which claims the party would be entitled to
redress against the United States either in a court of law, equity, or
admiralty, if the United States were suable'' were omitted as
unnecessary since the Court of Claims manifestly, under this section
will determine whether a petition against the United States states a
cause of action. In any event, the Court of Claims has no admiralty
jurisdiction, but the Suits in Admiralty Act, sections 741-752 of title
46, U.S.C., 1940 ed., Shipping, vests exclusive jurisdiction over suits
in admiralty against the United States in the district courts. Sanday &
Co. v. U.S., 1932, 76 Ct.Cl. 370.
For additional provisions respecting jurisdiction of the court of
claims in war contract settlement cases see section 114b of Title 41,
U.S.C., 1940 ed., Public Contracts.
Changes were made in phraseology.
Sections 6 and 10(a)(1) of the Contract Disputes Act of 1978,
referred to in subsec. (a)(2), are classified to sections 605 and
609(a)(1), respectively, of Title 41, Public Contracts.
The Tennessee Valley Authority Act of 1933, referred to in subsec.
(b), is act May 18, 1933, ch. 32, 48 Stat. 58, as amended, which is
classified generally to chapter 12A ( 831 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
section 831 of Title 16 and Tables.
1992 -- Subsec. (a)(1). Pub. L. 102-572, 902(a)(1), substituted
''United States Court of Federal Claims'' for ''United States Claims
Court''.
Subsec. (a)(2). Pub. L. 102-572, 907(b)(1), inserted before period
at end '', including a dispute concerning termination of a contract,
rights in tangible or intangible property, compliance with cost
accounting standards, and other nonmonetary disputes on which a decision
of the contracting officer has been issued under section 6 of that
Act''.
Pub. L. 102-572, 902(a)(2), substituted ''Court of Federal Claims''
for ''Claims Court''.
Subsec. (b). Pub. L. 102-572, 902(a)(1), substituted ''United States
Court of Federal Claims'' for ''United States Claims Court''.
1982 -- Subsec. (a)(1). Pub. L. 97-164 designated first two
sentences of existing first undesignated paragraph as subsec. (a)(1)
and substituted ''United States Claims Court'' for ''Court of Claims''.
Subsec. (a)(2). Pub. L. 97-164 designated third, fourth, and fifth
sentences of existing first undesignated paragraph as par. (2) and
substituted ''The Claims Court'' for ''The Court of Claims'' and
''arising under section 10(a)(1) of the Contract Disputes Act of 1978''
for ''arising under the Contract Disputes Act of 1978''.
Subsec. (a)(3). Pub. L. 97-164 added par. (3).
Subsec. (b). Pub. L. 97-164 designated existing second undesignated
paragraph as subsec. (b) and substituted ''United States Claims Court''
for ''Court of Claims'', ''conduct of, the Tennessee Valley Authority,
or'' for ''actions of, the Tennessee Valley Authority, nor'',
''Tennessee Valley Authority Act of 1933'' for ''Tennessee Valley
Authority Act of 1933, as amended,'', and ''actions by or against the
Authority'' for ''suits by or against the Authority''.
1980 -- Pub. L. 96-417 substituted ''Court of Claims of any civil
action within the exclusive jurisdiction of the Court of International
Trade, or of any action'' for ''in suits'' in second par.
1978 -- Pub. L. 95-563 provided that the Court of Claims would have
jurisdiction to render judgment upon any claim by or against, or dispute
with, a contractor arising under the Contract Disputes Act of 1978.
1972 -- Pub. L. 92-415 inserted provisions authorizing the court to
issue orders directing restoration to office or position, placement in
appropriate duty or retirement status and correction of applicable
records and to issue such orders to any United States official and to
remand appropriate matters to administrative and executive bodies with
proper directions.
1970 -- Pub. L. 91-350 specified that the term ''express or implied
contracts with the United States'' includes express or implied contracts
with the Army and Air Force Exchange Service, Navy Exchanges, Marine
Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the
National Aeronautics and Space Administration.
1954 -- Act Sept. 3, 1954, inserted ''; actions involving Tennessee
Valley Authority'' in section catchline and altered the form of first
par. to spell out the general jurisdiction of the Court in paragraph
form rather than as clauses of the par.
1953 -- Act July 28, 1953, substituted ''United States Court of
Claims'' for ''Court of Claims'' near beginning of section, and inserted
last par.
Amendment by section 902(a) of Pub. L. 102-572 effective Oct. 29,
1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Section 907(b)(2) of Pub. L. 102-572 provided that: ''The amendment
made by paragraph (1) (amending this section) shall be effective with
respect to all actions filed before, on, or after the date of the
enactment of this Act (Oct. 29, 1992), except for those actions which,
before such date of enactment, have been the subject of --
''(A) a final judgment of the United States Claims Court, if the time
for appeal of that judgment has expired without an appeal having been
filed, or
''(B) a final judgment of the Court of Appeals for the Federal
Circuit.''
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Amendment by Pub. L. 95-563 effective with respect to contracts
entered into 120 days after Nov. 1, 1978, and, at the election of the
contractor, with respect to any claim pending at such time before the
contracting officer or initiated thereafter, see section 16 of Pub. L.
95-563, set out as an Effective Date note under section 601 of Title 41,
Public Contracts.
Section 2 of Pub. L. 92-415 provided that: ''This Act (amending
this section) shall be applicable to all judicial proceedings pending on
or instituted after the date of its enactment (Aug. 29, 1972).''
Amendment by Pub. L. 91-350 applicable to claims and civil actions
dismissed before or pending on July 23, 1970, if the claim or civil
action was based upon a transaction, omission, or breach that occurred
not more than six years prior to July 23, 1970, notwithstanding a
determination or judgment made prior to July 23, 1970, that the United
States district courts or the United States Court of Claims did not have
jurisdiction to entertain a suit on an express or implied contract with
a nonappropriated fund instrumentality of the United States, see section
2 of Pub. L. 91-350, set out as a note under section 1346 of this
title.
See Appendix to this title.
Admiralty suits against United States, jurisdiction of district
courts, see sections 741 et seq. and 781 et seq. of Title 46,
Appendix, Shipping.
Costs, where United States is party, see section 2412 of this title.
District courts, concurrent jurisdiction of actions or claims not
exceeding $10,000, see section 1346 of this title.
Limitation of actions, see section 2501 of this title.
Procedure in Court of Federal Claims, see section 2501 et seq. of
this title.
Railroads, government-aided, action to recover freight withheld, see
section 87 of Title 45, Railroads.
Tax Court jurisdiction, see section 7441 et seq. of Title 26,
Internal Revenue Code.
Tennessee Valley Authority, use of patents by, see section 831r of
Title 16, Conservation.
War contracts, jurisdiction and procedure to enforce termination
claim, see sections 113, 114 of Title 41, Public Contracts.
1132f; title 25 sections 1300i-11, 3001; title 41
sections 114, 602; title 42 section 4654; title 45
ction 1018; title 46 App. section
1242; title 47 section 606.
28 USC 1492. Congressional reference cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Any bill, except a bill for a pension, may be referred by either
House of Congress to the chief judge of the United States Court of
Federal Claims for a report in conformity with section 2509 of this
title.
(June 25, 1948, ch. 646, 62 Stat. 941; Oct. 15, 1966, Pub. L.
89-681, 1, 80 Stat. 958; Apr. 2, 1982, Pub. L. 97-164, title I,
133(b), 96 Stat. 40; Oct. 29, 1992, Pub. L. 102-572, title IX,
902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 257 (Mar. 3, 1911, ch. 231,
151, 36 Stat. 1138).
This section contains only the jurisdictional provision of section
257 of title 28, U.S.C., 1940 ed. The procedural provisions are
incorporated in section 2509 of this title.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''chief judge of the United
States Claims Court'' for ''chief commissioner of the Court of Claims''.
1966 -- Pub. L. 89-681 substituted provisions allowing any bill,
except a bill for a pension, to be referred by either House of Congress
to the chief commissioner of the Court of Claims for a report in
conformity with section 2509 of this title for provisions giving the
Court of Claims jurisdiction to report to either House of Congress on
any bill referred by such House, except a bill for a pension, and to
render judgment if the claim against the United States represented by
the referred bill was one over which the court had jurisdiction under
other Acts of Congress.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC ( 1493. Repealed. July 28, 1953, ch. 253, 8, 67 Stat. 226)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, act June 25, 1948, ch. 646, 62 Stat. 941, authorized Court
of Claims to give legal advice to heads of executive departments in
matters referred to it by the heads, if Court had jurisdiction over the
matters.
28 USC 1494. Accounts of officers, agents or contractors
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction to
determine the amount, if any, due to or from the United States by reason
of any unsettled account of any officer or agent of, or contractor with,
the United States, or a guarantor, surety or personal representative of
any such officer, agent or contractor, and to render judgment thereof,
/1/ where --
(1) claimant or the person he represents has applied to the proper
department of the Government for settlement of the account;
(2) three years have elapsed from the date of such application
without settlement; and
(3) no suit upon the same has been brought by the United States.
(June 25, 1948, ch. 646, 62 Stat. 941; July 28, 1953, ch. 253, 9,
67 Stat. 226; Sept. 3, 1954, ch. 1263, 44(c), 68 Stat. 1242; Apr. 2,
1982, Pub. L. 97-164, title I, 133(c)(1), 96 Stat. 40; Oct. 29, 1992,
Pub. L. 102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 287 (Mar. 3, 1911, ch. 231,
180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, 3, 43 Stat. 939).
Only the jurisdictional provisions of section 287 of title 28,
U.S.C., 1940 ed., are contained in this section. The procedural
provisions are incorporated in section 2511 of this title.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
1954 -- Act Sept. 3, 1954, struck out ''United States'' from name of
Court of Claims.
1953 -- Act July 28, 1953, substituted ''United States Court of
Claims'' for ''Court of Claims'', inserted ''to or from'' after ''due'',
and inserted ''and to render judgment thereon,''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Procedure on accounts of officers, agents, or contractors, see
section 2511 of this title.
/1/ So in original. Probably should be ''thereon,''.
28 USC 1495. Damages for unjust conviction and imprisonment; claim
against United States
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim for damages by any person unjustly
convicted of an offense against the United States and imprisoned.
(June 25, 1948, ch. 646, 62 Stat. 941; Apr. 2, 1982, Pub. L.
97-164, title I, 133(c)(1), 96 Stat. 40; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on section 729 of title 18, U.S.C., 1940 ed., Crimes and
Criminal Procedure (May 24, 1938, ch. 266, 1-4, 52 Stat. 438).
Only the jurisdictional provision of section 729 of title 18, U.S.C.,
1940 ed., appears in this section. The remainder is incorporated in
section 2513 of this title.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Procedure on claims for damages for unjust conviction and
imprisonment, see section 2513 of this title.
28 USC 1496. Disbursing officers' claims
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim by a disbursing officer of the United
States or by his administrator or executor for relief from
responsibility for loss, in line of duty, of Government funds, vouchers,
records or other papers in his charge.
(June 25, 1948, ch. 646, 62 Stat. 941; Apr. 2, 1982, Pub. L.
97-164, title I, 133(c)(1), 96 Stat. 40; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 250(3) (Mar. 3, 1911, ch. 231,
145, 36 Stat. 1136; June 10, 1921, ch. 18, 304, 42 Stat. 24).
Words ''paymaster, quartermaster, commissary of subsistence, or
other,'' preceding ''disbursing officer of the United States,'' were
omitted. See Henderson v. United States, 1907, 42 Ct.Cl. 449 and Hobbs
v. United States, 1881, 17 Ct.Cl. 189, holding that the term ''other
disbursing officer'' extends to any disbursing officer of the executive
departments of the Government.
Words ''by capture or otherwise'' were omitted as surplusage.
Words ''and for which such officer was and is held responsible,'' at
the end of section 250(3) of title 28, U.S.C., 1940 ed., were omitted as
surplusage.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Allowance of credit in settlement of disbursing officers' accounts,
see section 2512 of this title.
28 USC 1497. Oyster growers' damages from dredging operations
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim for damages to oyster growers on private
or leased lands or bottoms arising from dredging operations or use of
other machinery and equipment in making river and harbor improvements
authorized by Act of Congress.
(June 25, 1948, ch. 646, 62 Stat. 941; Apr. 2, 1982, Pub. L.
97-164, title I, 133(c), 96 Stat. 40; Oct. 29, 1992, Pub. L. 102-572,
title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 250a (Aug. 30, 1935, ch. 831,
13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).
The proviso at the end of section 250a of title 28, U.S.C., 1940 ed.,
is incorporated in section 2501 of this title.
Words ''river and harbor improvements'' were substituted for ''such
improvements'', in view of Dixon v. U.S., 103 Ct. Cl. 160, holding
that words, ''such improvements'' were not limited to the specific
improvements listed in the 1935 act, but applied to any river and harbor
improvements.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''growers''' for ''growers,'' in
section catchline, and ''United States Claims Court'' for ''Court of
Claims'' in text.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Time for filing petition by oyster growers, see section 2501 of this
title.
28 USC 1498. Patent and copyright cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
(a) Whenever an invention described in and covered by a patent of the
United States is used or manufactured by or for the United States
without license of the owner thereof or lawful right to use or
manufacture the same, the owner's remedy shall be by action against the
United States in the United States Court of Federal Claims for the
recovery of his reasonable and entire compensation for such use and
manufacture.
For the purposes of this section, the use or manufacture of an
invention described in and covered by a patent of the United States by a
contractor, a subcontractor, or any person, firm, or corporation for the
Government and with the authorization or consent of the Government,
shall be construed as use or manufacture for the United States.
The court shall not award compensation under this section if the
claim is based on the use or manufacture by or for the United States of
any article owned, leased, used by, or in the possession of the United
States prior to July 1, 1918.
A Government employee shall have the right to bring suit against the
Government under this section except where he was in a position to
order, influence, or induce use of the invention by the Government.
This section shall not confer a right of action on any patentee or any
assignee of such patentee with respect to any invention discovered or
invented by a person while in the employment or service of the United
States, where the invention was related to the official functions of the
employee, in cases in which such functions included research and
development, or in the making of which Government time, materials or
facilities were used.
(b) Hereafter, whenever the copyright in any work protected under the
copyright laws of the United States shall be infringed by the United
States, by a corporation owned or controlled by the United States, or by
a contractor, subcontractor, or any person, firm, or corporation acting
for the Government and with the authorization or consent of the
Government, the exclusive remedy of the owner of such copyright shall be
by action against the United States in the Court of Federal Claims for
the recovery of his reasonable and entire compensation as damages for
such infringement, including the minimum statutory damages as set forth
in section 504(c) of title 17, United States Code: Provided, That a
Government employee shall have a right of action against the Government
under this subsection except where he was in a position to order,
influence, or induce use of the copyrighted work by the Government:
Provided, however, That this subsection shall not confer a right of
action on any copyright owner or any assignee of such owner with respect
to any copyrighted work prepared by a person while in the employment or
service of the United States, where the copyrighted work was prepared as
a part of the official functions of the employee, or in the preparation
of which Government time, material, or facilities were used: And
provided further, That before such action against the United States has
been instituted the appropriate corporation owned or controlled by the
United States or the head of the appropriate department or agency of the
Government, as the case may be, is authorized to enter into an agreement
with the copyright owner in full settlement and compromise for the
damages accruing to him by reason of such infringement and to settle the
claim administratively out of available appropriations.
Except as otherwise provided by law, no recovery shall be had for any
infringement of a copyright covered by this subsection committed more
than three years prior to the filing of the complaint or counterclaim
for infringement in the action, except that the period between the date
of receipt of a written claim for compensation by the Department or
agency of the Government or corporation owned or controlled by the
United States, as the case may be, having authority to settle such claim
and the date of mailing by the Government of a notice to the claimant
that his claim has been denied shall not be counted as a part of the
three years, unless suit is brought before the last-mentioned date.
(c) The provisions of this section shall not apply to any claim
arising in a foreign country.
(d) Hereafter, whenever a plant variety protected by a certificate of
plant variety protection under the laws of the United States shall be
infringed by the United States, by a corporation owned or controlled by
the United States, or by a contractor, subcontractor, or any person,
firm, or corporation acting for the Government, and with the
authorization and consent of the Government, the exclusive remedy of the
owner of such certificate shall be by action against the United States
in the Court of Federal Claims for the recovery of his reasonable and
entire compensation as damages for such infringement: Provided, That a
Government employee shall have a right of action against the Government
under this subsection except where he was in a position to order,
influence, or induce use of the protected plant variety by the
Government: Provided, however, That this subsection shall not confer a
right of action on any certificate owner or any assignee of such owner
with respect to any protected plant variety made by a person while in
the employment or service of the United States, where such variety was
prepared as a part of the official functions of the employee, or in the
preparation of which Government time, material, or facilities were used:
And provided further, That before such action against the United States
has been instituted, the appropriate corporation owned or controlled by
the United States or the head of the appropriate agency of the
Government, as the case may be, is authorized to enter into an agreement
with the certificate owner in full settlement and compromise, for the
damages accrued to him by reason of such infringement and to settle the
claim administratively out of available appropriations.
(e) Subsections (b) and (c) of this section apply to exclusive rights
in mask works under chapter 9 of title 17 to the same extent as such
subsections apply to copyrights.
(June 25, 1948, ch. 646, 62 Stat. 941; May 24, 1949, ch. 139, 87,
63 Stat. 102; Oct. 31, 1951, ch. 655, 50(c), 65 Stat. 727; July 17,
1952, ch. 930, 66 Stat. 757; Sept. 8, 1960, Pub. L. 86-726, 1, 4, 74
Stat. 855, 856; Dec. 24, 1970, Pub. L. 91-577, title III, 143(d), 84
Stat. 1559; Oct. 19, 1976, Pub. L. 94-553, title I, 105(c), 90 Stat.
2599; Apr. 2, 1982, Pub. L. 97-164, title I, 133(d), 96 Stat. 40;
Nov. 19, 1988, Pub. L. 100-702, title X, 1020(a)(6), 102 Stat. 4671;
Oct. 29, 1992, Pub. L. 102-572, title IX, 902(a), 106 Stat. 4516.)
Based on section 68 of title 35, U.S.C., 1940 ed., Patents (June 25,
1910, ch. 423, 36 Stat. 851; July 1, 1918, ch. 114, 40 Stat. 705).
Provisions contained in the second proviso of section 68 of title 35,
U.S.C., 1940 ed., relating to right of the United States to any general
or special defense available to defendants in patent infringement suits
were omitted as unnecessary. In the absence of statutory restriction,
any defense available to a private party is equally available to the
United States.
Changes in phraseology were made.
This amendment clarifies section 1498 of title 28, U.S.C., by
restating its first paragraph to conform more closely with the original
law.
Hereafter, referred to in subsec. (b), probably means the date of
enactment of Pub. L. 86-726, which was approved on Sept. 8, 1960.
The copyright laws of the United States, referred to in subsec. (b),
are classified generally to Title 17, Copyrights.
Hereafter, referred to in subsec. (d), probably means after the date
of enactment of Pub. L. 91-577, which was approved on Dec. 24, 1970.
1992 -- Subsec. (a). Pub. L. 102-572, 902(a)(1), substituted
''United States Court of Federal Claims'' for ''United States Claims
Court''.
Subsecs. (b), (d). Pub. L. 102-572, 902(a)(2), substituted ''Court
of Federal Claims'' for ''Claims Court''.
1988 -- Subsec. (e). Pub. L. 100-702 added subsec. (e).
1982 -- Subsec. (a). Pub. L. 97-168, 133(d)(1), substituted
''United States Claims Court'' for ''Court of Claims''.
Subsecs. (b), (d). Pub. L. 97-164, 133(d)(2), substituted ''Claims
Court'' for ''Court of Claims''.
1976 -- Subsec. (b). Pub. L. 94-553 substituted ''section 504(c) of
title 17'' for ''section 101(b) of title 17''.
1970 -- Subsec. (d). Pub. L. 91-577 added subsec. (d).
1960 -- Pub. L. 86-726, 4, substituted ''Patent and copyright
cases'' for ''Patent cases'' in section catchline.
Pub. L. 86-726, 1, designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
1952 -- Act July 17, 1952, allowed Government employees to maintain
patent suits against the United States in certain instances.
1951 -- Act Oct. 31, 1951, inserted second par.
1949 -- Act May 29, 1949, conformed first par. of section to
original law.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section 102
of Pub. L. 94-553, set out as an Effective Date note preceding section
101 of Title 17, Copyrights.
Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section
141 of Pub. L. 91-577, set out as an Effective Date note under section
2321 of Title 7, Agriculture.
Section 2 of Pub. L. 86-726 provided that: ''Nothing in this Act
(amending this section and section 2386 of Title 10, Armed Forces) shall
be construed to in any way waive any immunity provided for Members of
Congress under article I of section 6 of the Constitution of the United
States.''
Actions for unauthorized use of patents or disclosure of information,
see section 2356 of Title 22, Foreign Relations and Intercourse.
Government interests in patents, see section 267 of Title 35,
Patents.
Patented inventions incorporated in space vehicles launched by United
States Government for other persons not considered use or manufacture by
or for United States within subsec. (a) of this section, see section
2457(l) of Title 42, The Public Health and Welfare.
Use of patents by Tennessee Valley Authority, see section 831r of
Title 16, Conservation.
35 section 183; title 42 section 2457.
28 USC 1499. Liquidated damages withheld from contractors under
Contract Work Hours and Safety Standards Act
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim for liquidated damages withheld from a
contractor or subcontractor under section 104 of the Contract Work Hours
and Safety Standards Act.
(June 25, 1948, ch. 646, 62 Stat. 942; Aug. 13, 1962, Pub. L.
87-581, title II, 202(a), 76 Stat. 360; Apr. 2, 1982, Pub. L. 97-164,
title I, 133(e)(1), (2)(A), 96 Stat. 40, 41; Dec. 1, 1990, Pub. L.
101-650, title III, 325(b)(7), 104 Stat. 5121; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on section 324 of title 40, U.S.C., 1940 ed., Public Buildings,
Property and Works (June 19, 1912, ch. 174, 1, 37 Stat. 137).
This section contains only the jurisdictional provision in the last
clause of section 324 of title 40, U.S.C., 1940 ed.
Changes in phraseology were made.
Contract Work Hours and Safety Standards Act, referred to in section
catchline and text, is title I of Pub. L. 87-581, Aug. 13, 1962, 76
Stat. 357, as amended, which is classified generally to subchapter II (
327 et seq.) of chapter 5 of Title 40, Public Buildings, Property, and
Works. Section 104 of the Act is classified to section 330 of Title 40.
For complete classification of this Act to the Code, see Short Title
note set out under section 327 of Title 40 and Tables.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1990 -- Pub. L. 101-650 substituted ''Hours and Safety Standards''
for ''Hours Standards'' in text.
1982 -- Pub. L. 97-164 substituted ''Contract Work Hours and Safety
Standards Act'' for ''Contract Work Hours Standards Act'' in section
catchline and ''United States Claims Court'' for ''Court of Claims'' in
text.
1962 -- Pub. L. 87-581 amended section generally, substituting
''Liquidated damages withheld from contractors under Contract Work Hours
Standards Act'' for ''Penalties imposed against contractors under eight
hour law'' in section catchline, and ''liquidated damages withheld from
a contractor or subcontractor under section 104 of the Contract Work
Hours Standards Act'' for ''a penalty withheld from a contractor or
subcontractor under section 324 of Title 40'' in text.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Amendment by Pub. L. 87-581 effective 60 days after Aug. 13, 1962,
but shall not affect contracts existing or thereafter entered into
pursuant to invitations for bids outstanding on Aug. 13, 1962, see
section 204 of Pub. L. 87-581, set out as an Effective Date note under
section 327 of Title 40, Public Buildings, Property, and Works.
Section 202(b) of Pub. L. 87-581 provided that: ''The Court of
Claims (now United States Court of Federal Claims) shall continue to
have jurisdiction to render judgment upon any claim for a penalty
withheld from a contractor or subcontractor under section 324 of title
40, United States Code, in connection with any contract subject to said
section existing on the effective date of this Act (see Effective Date
note set out under section 327 of Title 40, Public Buildings, Property,
and Works), or thereafter entered into pursuant to invitations for bids
that are outstanding at the time of the enactment of this Act (Aug. 13,
1962).''
Time for filing claim, see section 330 of Title 40, Public Buildings,
Property, and Works.
28 USC 1500. Pendency of claims in other courts
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall not have jurisdiction
of any claim for or in respect to which the plaintiff or his assignee
has pending in any other court any suit or process against the United
States or any person who, at the time when the cause of action alleged
in such suit or process arose, was, in respect thereto, acting or
professing to act, directly or indirectly under the authority of the
United States.
(June 25, 1948, ch. 646, 62 Stat. 942; Apr. 2, 1982, Pub. L.
97-164, title I, 133(e)(1), 96 Stat. 40; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 260 (Mar. 3, 1911, ch. 231,
154, 36 Stat. 1138).
Words ''or in the Supreme Court on appeal therefrom'' were omitted as
unnecessary.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC 1501. Pensions
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall not have jurisdiction
of any claim for a pension.
(June 25, 1948, ch. 646, 62 Stat. 942; Apr. 2, 1982, Pub. L.
97-164, title I, 133(e)(1), 96 Stat. 40; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 250(1) (Mar. 3, 1911, ch. 231,
145, 36 Stat. 1136).
Section constitutes the exception in section 250(1) of title 28,
U.S.C., 1940 ed.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
28 USC 1502. Treaty cases
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Except as otherwise provided by Act of Congress, the United States
Court of Federal Claims shall not have jurisdiction of any claim against
the United States growing out of or dependent upon any treaty entered
into with foreign nations.
(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, 88,
63 Stat. 102; Apr. 2, 1982, Pub. L. 97-164, title I, 133(e)(1), 96
Stat. 40; Oct. 29, 1992, Pub. L. 102-572, title IX, 902(a)(1), 106
Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 259 (Mar. 3, 1911, ch. 231,
153, 36 Stat. 1138).
Phrase ''Except as otherwise provided by enactment of Congress'' was
inserted to cover cases where special Acts confer jurisdiction. (See
Sioux Tribe of Indians v. United States, 1943, 97 Ct.Cl. 613, certiorari
denied 63 S.Ct. 992, 318 U.S. 789, 87 L.Ed. 1155, and In re United
States, 1873, 17 Wall. 439, 443, 21 L.Ed. 696.)
Words ''not pending therein on December 1, 1862,'' were omitted as
obsolete.
Changes in phraseology were made.
This section, in amending section 1502 of title 28, U.S.C., conforms
with the provisions of act of August 13, 1946 (ch. 959, 25, 60 Stat.
1056), which affected section 153 of the Judicial Code of 1911 by
striking therefrom the words ''or with Indian tribes.'' Such section 153
of the Judicial Code was the source of such section 1502.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
1949 -- Act May 24, 1949, struck out ''or with Indian tribes'' after
''foreign nations''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Jurisdiction of court over Indian claims after Aug. 13, 1946, see
section 1505 of this title.
28 USC 1503. Set-offs
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any set-off or demand by the United States against
any plaintiff in such court.
(June 25, 1948, ch. 646, 62 Stat. 942; Apr. 2, 1982, Pub. L.
97-164, title I, 133(e)(1), 96 Stat. 40; Oct. 29, 1992, Pub. L.
102-572, title IX, 902(a)(1), 106 Stat. 4516.)
Based on title 28, U.S.C., 1940 ed., 250(2) (Mar. 3, 1911, ch. 231,
145, 36 Stat. 1136).
The second subsection of section 250 of title 28, U.S.C., 1940 ed.,
is incorporated in this section. The proviso, relating to suits for
fees due officers of the United States, has been incorporated in section
2501 of this title.
Changes were made in phraseology.
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Counterclaims, see rule 13, Appendix to this title.
28 USC ( 1504. Repealed. Pub. L. 97-164, title I, 133(f), Apr. 2,
1982, 96 Stat. 41)
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
Section, act June 25, 1948, ch. 646, 62 Stat. 942, directed that
the Court of Claims have jurisdiction to review by appeal final
judgments in the district courts in civil actions based on tort claims
brought under section 1346(b) of this title if the notice of appeal
filed in the district court had affixed to it a written consent on
behalf of the appellees that the appeal be taken to the Court of Claims.
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
28 USC 1505. Indian claims
TITLE 28 -- JUDICIARY AND JUDICIAL PROCEDURE
The United States Court of Federal Claims shall have jurisdiction of
any claim against the United States accruing after August 13, 1946, in
favor of any tribe, band, or other identifiable group of American
Indians residing within the territorial limits of the United States or
Alaska whenever such claim is one arising under the Constitution, laws
or treaties of the United States, or Executive orders of the President,
or is one which otherwise would be cognizable in the Court of Federal
Claims if the claimant were not an Indian tribe, band or group.
(Added May 24, 1949, ch. 139, 89(a), 63 Stat. 102; amended Apr. 2,
1982, Pub. L. 97-164, title I, 133(g), 96 Stat. 41; Oct. 29, 1992,
Pub. L. 102-572, title IX, 902(a), 106 Stat. 4516.)
Section 1505 is added to title 28, U.S.C., by this amendment to
incorporate the act of August 13, 1946 (ch. 959, 24, 60 Stat. 1055),
which was originally classified to title 28, U.S.C., but was later
transferred to title 25 of such code. Since such section 24 deals with
jurisdiction of the Court of Claims it should be in title 28.
This amendatory section omits as surplusage all provisions of said
section 24 except the first sentence, as being fully covered by the
express provisions of sections 1503 and 2501 and other provisions of
chapter 165 of title 28, U.S.C., relating to Court of Claims procedure.
The proviso of such section 24 is omitted as unnecessary since the
provision conferring jurisdiction cannot in any view alter the
relationship of the Government with its Indians.
The omitted language is as follows: ''In any suit brought under the
jurisdiction conferred by this section the claimant shall be entitled to
recover in the same manner, to the same extent, and subject to the same
conditions and limitations, and the United States shall be entitled to
the same defenses, both at law and in equity, and to the same offsets,
counterclaims, and demands, as in cases brought in the Court of Claims
under section 250 of this title: Provided, however, That nothing
contained in this section shall be construed as altering the fiduciary
or other relations between the United States and the several Indian
tribes, bands, or groups.''
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' and ''Court of Federal
Claims'' for ''Claims Court''.
1982 -- Pub. L. 97-164 substituted ''The United States Claims Court
shall have jurisdiction'' for ''The Court of Claims shall have
jurisdiction'' and ''cognizable in the Claims Court'' for ''cognizable
in the Court of Claims''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.