I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/22/93 at 10:55:24. Database: USCODE Search: (28:CITE) ------DocID 36161 Document 1 of 1452------ -CITE- 28 USC TITLE 28 -EXPCITE- TITLE 28 -HEAD- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE -MISC1- THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 646, SEC. 1, 62 STAT. 869 Part Sec. I. Organization of Courts 1 II. Department of Justice 501 III. Court Officers and Employees 601 IV. Jurisdiction and Venue 1251 V. Procedure 1651 VI. Particular Proceedings 2201 AMENDMENTS 1966 - Pub. L. 89-554, Sec. 4(a), Sept. 6, 1966, 80 Stat. 611, substituted 'Department of Justice' for 'United States Attorneys and Marshals' in item for part II. Table Showing Disposition of All Sections of Former Title 28 --------------------------------------------------------------------- Title 28 Former Sections Title 28 New Sections --------------------------------------------------------------------- 1-4bb 132-134 1 nt 133 5 135 5a T. 48 Sec. 1392a 5b Elim. 6, 7 751 8 751, 954 9 604, 755 9a 1915 9a(a) 753, 1920 9a(b) 753 9a(c) 550, 604, 753, 1915 9a(d) 753 9a(e) 1915 9b Rep. See Civ. Proc. R. 75. 10 457 11, 12 Rep. See Civ. Proc. R. 6(c), Cr. Proc. R. 45(c). 13 452 14 Rep. See Cr. Proc. R. 45(c). 15 141 16 140, 296 17 291, 292, 295, 296 18 296 19 Rep. 20 295 21 292 22 291, 296 23 296 24 455 25 144 26 143 27 137 41(1) 1331, 1332, 1341, 1342, 1345, 1354, 1359 41(2) Rep. 41(3) 1333, 1356 41(4) Rep. 41(5) 1340 41(6) 1339 41(7) 1338 41(8) 1337 41(9) 1355 41(10) Rep. 41(11) 1357 41(12-14) 1343 41(15) 1344 41(16) 1348 41(17) 1350 41(18) 1351 41(19) 1334 41(20) 1346, 2401, 2402 41(21) Rep. 41(22) Rep. 41(23) 1337 41(24) 1353 41(25) 1357, 1399 41(26) 1335, 1397, 2361 41(27), (28) 1336 42 1349 43 1398 44 2321 45 Rep. 45a 2323 46 2324 47 1253, 2101, 2284, 2325 47a 1253, 2101, 2284 48 2322 49-51 Rep. 52 Elim. 53 T. 15 Sec. 146a 71 1441, 1445, 1447 72 1446, 1447 73 Rep. 74 1443, 1446, 1447 75 1446 76 1442, 1446, 1447 77 1442 78 1449 79 1450 80 1359, 1447, 1919 81 1447 82 Rep. 83 1447, 1448 101 T. 18 Sec. 3235 102 T. 18 Sec. 3238 103 T. 18 Sec. 3237 104 1395 105 1396 106-108 1395 109 1400, 1694 110 1394 111 1391 112 1391, 1401, 1693, 1695 113 1392 114 1393, 1441 115 Rep. See Civ. Proc. R. 4(f). 116 1392 117 754, 1692 118 1655 119 1404 120 Rep. 121 1405; T. 18 Sec. 3240 122 1656 123 Rep. 124 959; T. 18 Sec. 1911 124a 960 125 959 126 458 127 957 128 604, 752 141 Rep. 142 81 143 82 144 83 145 84 146 85, 140 147 86 148 87 149 89 149a, 149b Rep. 150 90 150a Rep. 151 92 152 93 153 94 154, 155 Rep. 156, 156a 95 157 96 158 97 159 98 160 99 161 Rep. 162 Rep. 163 1404 164 Rep. See Civ. Proc. R. 77. 165 Rep. 166 100 167 101 168 102 169 103 170 104 171 105 172 106 173 107 174 108 175 109 176 110 177 111 178, 178a 112 179 113 179a Elim. 180 114 181 115, 1865 182 116, 138 182a 116 183 117 184 118 184a Elim. 185 120 186 121 186a Elim. 187 122 188 123 189 124 189a Elim. 190 125 191 126 192, 192a 127 193 128 194 129 195 130 196 131 211 41 211a Rep. 212 43, 46 213 44 213a-213h Elim. 214 Rep. 215 42 216 45, 47, 292 216a 45 217 Rep. 218 231, 456 219 2071 220 547 221 711, 956 222 711, 954 222a 604, 712 223 48 224 Rep. 225(a) 1291, 1293 225(b) 1292 225(c) Rep. 225(d) 1294 225(e), (f) Rep. 226 Rep. 227 1292 227a 1292, 2107 228, 228a Rep. See Civ. Proc. R. 73. 229 Rep. 230 2107 231 2108 241 171, 173, 453 242 Rep. 243 174, 175 244 791, 795, 956 245 604 246 952 247 Rep. 248 415, 791 249 T. 18 Sec. 282 250(1) 1491, 1501 250(2) 1503, 2501 250(3) 1496 250a 1497, 2501 250b Rep. 251 Rep. 252 2508 253 2512 254 1493, 2510 255 2510 256 Rep. 257 1492, 2509 258 2412 259 1502 259a T. 25 Sec. 70w (Rep. See T. 28 Sec. 1505). 260 1500 261 2502 262 2501 263 792, 2071 264 459, 953 265 Rep. See Ct. Claims R. 1, 10, 16 et seq. (FOOTNOTE 1) 266 Rep. See Ct. Claims R. 10. (FOOTNOTE 1) 267, 268 Rep. 268a 604, 793 269 792, 2503 270 456, 792, 794 271 Rep. 272 2507 273 Rep. 274 2504 275, 275a 2505 276 2503 277 Rep. See Ct. Claims R. 40 et seq. (FOOTNOTE 1) 278 2503 278a 604, 793 279, 280 2514 281, 282 2515 283 2520 283a 791, 2520 284 2516 285 2517 286 2519 287 1494, 2511 288 1255 289 791 290, 291 Rep. 292 2506 293 Rep. 296 251-254, 456, 1581, 2071, 2639, 2640 296a 456 297 2636 301 211-213, 215, 293, 296 301a 213 301b (See former 301a) 302 214, 452, 456, 604 303 604, 832 304 604, 831, 956, 957, 1926 305 604, 831, 833, 834, 956 306 604, 834 307 211, 2071 308 1256, 1541 309 Rep. 309a 1542 310 2601 311 Rep. 312 216 321 1 322 4 323 3 324 5 325 671-673 326 671, 1737 327 671, 954 328 675 329 6 330 1911 331 672 332, 333 673 334 411 335 412 336 Elim. 337 413 338 2 339, 340 Rep. 341 1251 342 1651 343 1872 344 1257, 2103, 2106 345 Rep. 346, 347 1254 348, 349 Rep. 349a 1252, 2101 350 2101 351 2102 352 Rep. See Sup. Ct. R. 32. 353 Rep. 354 676 371(1) Rep. 371(2) 1355 371(3) 1333 371(4) 1333, 1356 371(5) 1338 371(6) 1334 371(7) 1251 371(8) 1251, 1351 372 453 373 454 374 456 374a Elim. 374b 604 374c, 374d 752 375 136, 294, 371 375a 294, 371 375b-375d 372 375e Rep. 375f 294 375g, 375h 373 376, 377 1651 377a-377c D.C. Code, Sec. 16-3501 to 16-3503 378 Rep. 379 2283 380 1253, 2101, 2281, 2284 380a 1253, 2101, 2282, 2284 381 Rep. See Civ. Proc. R. 65. 382 Rep. See Civ. Proc. R. 65(c). 383 Rep. See Civ. Proc. R. 65(d). 384 Rep. 385 459; T. 18 Sec. 401 386 T. 18 Sec. 402, 3691 387 T. 18 Sec. 402 388 Rep. 389 T. 18 Sec. 402, 3691 390 T. 18 Sec. 3285 390a T. 18 Sec. 402 391 Rep. See Civ. Proc. R. 59, 61; Cr. Proc. R. 33, 52. 392 T. 18 Sec. 3043 393 T. 22 Sec. 258a 394 1654 395 556, 955 396 556, 955 397, 398 Rep. 399 1653 400 2201, 2202 401 2403 402 374 411 1861 412, 412a 1864 413 1865 414 Rep. 415 1861, 1863 416 1867, 1868 417 1866, 1868 417a Rep. See Cr. Proc. R. 24(c). 418 1866 419 T. 18 Sec. 3321 420 Rep. See Cr. Proc. R. 6(c). 421 Rep. See Cr. Proc. R. 6(a), (g). 422 Rep. See Cr. Proc. R. 6(g). 423 1869 424 1870 425 Rep. See Cr. Proc. R. 24(b). 426 Rep. 430, 430a Rep. 431-432a Rep. 433, 434 Rep. 441-443 Rep. 444 601, 603, 606, 608 445 602, 603, 607 446 604, 609 447 604, 605 448 332 449 333, 456 450 333, 604, 610 451-453 2241 454 2242 455-461 2243 462 2252 463(a) 2253 463(b)-(d) Rep. 464 Rep. See Civ. Proc. R. 73-75, 81(a)(2). 465 2251 466 2253 481 501 481a Elim. 482 504 483 502 484 550 485-489 547 490 541 490a Elim. 491 541 492, 493 542 494 543 495 548 496-498 564 499 564, 1737 500-502 564 503 547 504 549 504a T. 18 Sec. 3053 505 550 506 546 507 554 508 555 509, 510 Rep. 511 506, 544, 545 512 951 513, 514 952, 1737 515-517 952 518, 519 Rep. 520 Rep. See Civ. Proc. R. 81(b). 521 Rep. 522 T. 18 Sec. 2076 523 953 523a, 523b 457 524 505, 541, 751 525 636, 953 526 631 527 631, 958 528 638 528a 638, 639 529 Rep. See Cr. Proc. R. 55. 530 413, 414 530a Elim. 531 T. 18 Sec. 1910 541, 542 671 543 1913 544 604, 711, 961, 962 545 604 546 711 547 604, 713 548 Rep. 549 1914 550, 551 Rep. 552 1917 553 1914 554 Rep. 555 1914 556 Rep. 557 604, 751 558 604 559 Rep. 560 604, 962 561, 561a 604 562 604, 962 563 604, 961 564 Rep. 565, 566 604 567-569 751 570 Rep. 571, 572 1923 572a T. 18 Sec. 155 573 Rep. 574 553, 1921 575 Rep. 576 553 577 551, 1929 578 1923 578a 551 578b, 578c Rep. 579 508, 552 580 508 581 Rep. 582, 583 552, 553 584, 584a, 585 553 586 509, 550 586a Rep. 587 509, 553 588, 589 Rep. 590 T. 18 Sec. 203 591 Rep. 592 509 593 510 594 502 595, 596 604, 755 597-597c 635 598-599a 636 600-600b 1871 600c 1821, 1825 600d Rep. 601 Elim. 602 1824 603-604a 1823 605 Rep. 606, 607 T. 44 Sec. 325, 326 (See Rev. T. 44 Table) 608 1825, 1871 609 Rep. 631 Rep. See Civ. Proc. R. 43. 632 T. 18 Sec. 3481 633 Rep. 634 T. 18 Sec. 3486 635 Rep. See Civ. Proc. R. 43(a). 636 Rep. See Civ. Proc. R. 34, 55. 637 2072, 2073 638 1731 639-641 Note prec. 1781 642 Rep. See Civ. Proc. R. 28. 643, 644 Rep. See Civ. Proc. R. 26 et seq. 645 Rep. See Civ. Proc. R. 27(a)(4). 646 Rep. See Civ. Proc. R. 26 et seq. 647 Rep. See Civ. Proc. R. 45; Cr. Proc. R. 17. 648 Rep. See Civ. Proc. R. 45(d); Cr. Proc. R. 17(f). 649-652 1782 653 1781, 1782 654 Rep. See Civ. Proc. R. 45(e)(1); Cr. Proc. R. 17(e). 655 Rep. See Civ. Proc. R. 45; Cr. Proc. R. 17. 656 Rep. See Cr. Proc. R. 17(b). 657 Rep. See Cr. Proc. R. 46(b). 658 Rep. 659 Rep. See Cr. Proc. R. 46(b). 660 Rep. 661-667 1733 668 T. 18 Sec. 3497 669 Rep. 670 1743 671 1733 672 Rep. 673 1744 674 1745 675 Rep. 676 1736 677 1740 678-680 Rep. 681-684 1734 685, 686 1735 687 1738 688 1739 689 1742 690 T. 30 Sec. 53 695 1732 695a T. 18 Sec. 3491 695b T. 18 Sec. 3492 695c T. 18 Sec. 3493 695d T. 18 Sec. 3494 695e 1741 695e-1 T. 22 Sec. 4222 695f T. 18 Sec. 3495 695g T. 18 Sec. 3496 695h Rep. 701 1782 702 1785 703, 704 1782 711-713 1783 714-718 1784 721 1691 722 Rep. See Civ. Proc. R. 4. 723 2071, 2073 723a T. 18 Sec. 3772 723a-1 T. 18 Sec. 3771 723b, 723c 2072 724 Rep. 725 1652 726 Rep. See Civ. Proc. R. 64. 727 Rep. See Civ. Proc. R. 69. 728 Rep. 729 T. 42 Sec. 1988 730 2072, 2073 731 2071 732-734 Rep. 735 Rep. See Civ. Proc. R. 4; Cr. Proc. R. 4, 9; Adm. R. 1. (FOOTNOTE 2) 736 Rep. 737 See 2710 738 See 2711 739 See 2712 740 See 2713 741 See 2714 742 See 2715 743 See 2716 744 See 2717 745 Rep. 746 Rep. See Civ. Proc. R. 64. 747 2463 748-750 2405 751, 752 Rep. 753 Adm. R. 6-8, 10, 12 (FOOTNOTE 2) 754 2464 755-757 Rep. 758 636 759, 760 Rep. 761 2071, 2072 762 1402 763 Rep. See Civ. Proc. R. 4(d), 12(a), 55(e). 764 Rep. See Civ. Proc. R. 52, 75. 765 2411 766 2409 767 Rep. See Civ. Proc. R. 4(h). 768 Rep. See Sup. Ct. R. 20. 769 Rep. See Civ. Proc. R. 40. 770 1873 771 Adm. R. 46 1/2 (FOOTNOTE 2) 772 Rep. See Civ. Proc. R. 39(c), 48. 773 Rep. See Civ. Proc. R. 38 et seq. 774 2406 775 Rep. 776 Rep. See Civ. Proc. R. 46, 63, 75. 777 Rep. See Civ. Proc. R. 1, 15, 61. 778-780 Rep. See Civ. Proc. R. 25, 81. 780a 2404 781 2407 782 Rep. See Civ. Proc. R. 12(a). 783 Rep. 784 T. 19 Sec. 579 785 1874 786 Rep. 787 T. 19 Sec. 580 788 See 2718 789 Rep. 790 Rep. See Civ. Proc. R. 75; Adm. R. 49. (FOOTNOTE 2) 791 2462 792 2284 811 1961 811a Rep. 812 1962 813 Rep. 814 1962 815 Rep. See Civ. Proc. R. 41(d), 42(a), 54(d), 68. 816 Rep. 817 Elim. 818 2465 819 Rep. 820 Rep. 821 1928 822 1918 823, 824 Rep. 825 Rep. See Civ. Proc. R. 42(a). 826 Rep. 827 2465 828 1922 829 1927 830 1920 831 1924 832-836 1915 837 1916 838 Rep. See Civ. Proc. R. 4. 839 2413 840 Rep. See Civ. Proc. R. 59, 62. 841 Rep. See Civ. Proc. R. 62(f). 842 2006 843-845 2007 846 2005 847 2001 848 2004 849 2002 850 2003 851 2041 852 2042 861 Rep. 861a Rep. 861b Elim. 862 Rep. 863 Rep. See Civ. Proc. R. 75; Adm. R. 49. (FOOTNOTE 2) 864 Rep. See Civ. Proc. R. 75(k). 865-867 Rep. 868 Rep. See Sup. Ct. R. 10, 36. 869 Rep. 870 2408 871 2104 872 Rep. See Civ. Proc. R. 73. 873 Rep. 874 Rep. See Civ. Proc. R. 62(d), 73(d); Sup. Ct. R. 36. 875 Rep. See Civ. Proc. R. 46, 52, 73, 75. 876, 877 2106 878 1912 879 2105 880 Rep. 901, 902 2410 903 1444 904, 905 2410 906 Rep. 921 2672 922 2673 931(a) 1346, 1402, 2402, 2411, 2412, 2674 931(b) 2675, 2676 932 1346, 2411 933(a)(1) 1291 933(a)(2) 1504, 2110 933(b) Rep. 934 2677 941 2671 942 2401 943 2680 944 2678 945 2679 946 Elim. ------------------------------- (FOOTNOTE 1) Court of Claims Rules were replaced by U.S. Claims Court Rules effective Oct. 1, 1982. (FOOTNOTE 2) Admiralty Rules were superseded July 1, 1966, by Supplemental Rules for Certain Admiralty and Maritime Claims. ENACTMENT INTO LAW; CITATION Section 1 of act June 25, 1948, ch. 646, 62 Stat. 869, provided in part: 'That title 28 of the United States Code, entitled 'Judicial Code and Judiciary' is hereby revised, codified, and enacted into law, and may be cited as 'Title 28, United States Code, section XXX.' ' LEGISLATIVE CONSTRUCTION Section 33 of act June 25, 1948, ch. 646, 62 Stat. 991, provided that: 'No inference of a legislative construction is to be drawn by reason of the chapter in Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catchlines used in such title.' SEPARABILITY Section 34 of act June 25, 1948, ch. 646, 62 Stat. 991, provided that: 'If any part of Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, shall be held invalid, the remainder shall not be affected thereby.' EFFECTIVE DATE Section 38 of act June 25, 1948, ch. 646, 62 Stat. 992, provided that: 'The provisions of this Act shall take effect on September 1, 1948.' REPEALS; RIGHTS AND LIABILITIES SAVED Section 39 of act June 25, 1948, ch. 646, 62 Stat. 992, repealed the sections or parts thereof of the Revised Statutes of the United States, Statutes at Large, or the Revised Statutes of the District of Columbia covering provisions codified in this title, but saved any rights or liabilities then existing under said sections or parts thereof. R.S. Sec. 1012 as affected by act Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167 (section 880 of former Title 28, Judicial Code and Judiciary), provided that appeals from district courts shall be subject to the same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error. This provision was repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. Section 2 of act Jan. 31, 1928, ch. 14, 45 Stat. 54, as amended Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, Sec. 23, 62 Stat. 990 (section 861b of former Title 28, Judicial Code and Judiciary), 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.' WRITS OF ERROR Act Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54 (section 861a of former Title 28, Judicial Code and Judiciary), provided that: 'The writ of error in cases, civil and criminal, is abolished. All relief which heretofore (Jan. 31, 1928) could be obtained by writ of error shall hereafter be obtainable by appeal.' This provision was omitted from the 1948 Revised Judicial Code as obsolete, and repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. TITLE 28 AS CONTINUATION OF EXISTING LAW; CHANGE OF NAME OF CIRCUIT COURTS OF APPEALS Section 2(b) of act June 25, 1948, ch. 646, 62 Stat. 985, 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.' -CROSS- CROSS REFERENCES District of Columbia, organization of courts, see Title 11 of District of Columbia Code. Territorial courts, see Title 48, Territories and Insular Possessions. United States Tax Court, see section 7441 et seq. of Title 26, Internal Revenue Code. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 9 section 4; title 5 section 8477; title 10 section 1054; title 11 section 105; title 12 section 2244; title 16 sections 18i, 558c, 742l, 823b, 3375; title 22 sections 2702, 4606; title 23 section 307; title 29 section 1706; title 42 sections 233, 300g-3, 300i-1, 300j-23, 3789h, 5055, 8433; title 43 section 1737; title 48 sections 1424-4, 1614, 1694, 1694c. ------DocID 37010 Document 2 of 1452------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 28 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 28. Briefs -STATUTE- (a) Brief of the appellant. - The brief of the appellant shall contain under appropriate headings and in the order here indicated: (1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited. (2) A statement of the issues presented for review. (3) A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the court below. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record (see subdivision (e)). (4) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. (5) A short conclusion stating the precise relief sought. (b) Brief of the appellee. - The brief of the appellee shall conform to the requirements of subdivision (a)(1)-(4), except that a statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant. (c) Reply brief. - The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross appeal. No further briefs may be filed except with leave of court. All reply briefs shall contain a table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the reply brief where they are cited. (d) References in briefs to parties. - Counsel will be expected in their briefs and oral arguments to keep to a minimum references to parties by such designations as 'appellant' and 'appellee'. It promotes clarity to use the designations used in the lower court or in the agency proceedings, or the actual names of parties, or descriptive terms such as 'the employee,' 'the injured person,' 'the taxpayer,' 'the ship,' 'the stevedore,' etc. (e) References in briefs to the record. - References in the briefs to parts of the record reproduced in the appendix filed with the brief of the appellant (see Rule 30(a)) shall be to the pages of the appendix at which those parts appear. If the appendix is prepared after the briefs are filed, references in the briefs to the record shall be made by one of the methods allowed by Rule 30(c). If the record is reproduced in accordance with the provisions of Rule 30(f), or if references are made in the briefs to parts of the record not reproduced, the references shall be to the pages of the parts of the record involved; e.g., Answer p. 7, Motion for Judgment p. 2, Transcript p. 231. Intelligible abbreviations may be used. If reference is made to evidence the admissibility of which is in controversy, reference shall be made to the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected. (f) Reproduction of statutes, rules, regulations, etc. - If determination of the issues presented requires the study of statutes, rules, regulations, etc. or relevant parts thereof, they shall be reproduced in the brief or in an addendum at the end, or they may be supplied to the court in pamphlet form. (g) Length of briefs. - Except by permission of the court, or as specified by local rule of the court of appeals, principal briefs shall not exceed 50 pages, and reply briefs shall not exceed 25 pages, exclusive of pages containing the corporate disclosure statement, table of contents, tables of citations and any addendum containing statutes, rules, regulations, etc. (h) Briefs in cases involving cross appeals. - If a cross appeal is filed, the plaintiff in the court below shall be deemed the appellant for the purposes of this rule and Rules 30 and 31, unless the parties otherwise agree or the court otherwise orders. The brief of the appellee shall contain the issues and argument involved in his appeal as well as the answer to the brief of the appellant. (i) Briefs in cases involving multiple appellants or appellees. - In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs. (j) Citation of supplemental authorities. - When pertinent and significant authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, a party may promptly advise the clerk of the court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall without argument state the reasons for the supplemental citations. Any response shall be made promptly and shall be similarly limited. -SOURCE- (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This rule is based upon Supreme Court Rule 40. For variations in present circuit rules on briefs see 2d Cir. Rule 17, 3d Cir. Rule 24, 5th Cir. Rule 24, and 7th Cir. Rule 17. All circuits now limit the number of pages of briefs, a majority limiting the brief to 50 pages of standard typographic printing. Fifty pages of standard typographic printing is the approximate equivalent of 70 pages of typewritten text, given the page sizes required by Rule 32 and the requirement set out there that text produced by a method other than standard typographic must be double spaced. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT The proposed amendment eliminates the distinction appearing in the present rule between the permissible length in pages of printed and typewritten briefs, investigation of the matter having disclosed that the number of words on the printed page is little if any larger than the number on a page typed in standard elite type. The provision is made subject to local rule to permit the court of appeals to require that typewritten briefs be typed in larger type and permit a correspondingly larger number of pages. Subdivision (j). Proposed new Rule 28(j) makes provision for calling the court's attention to authorities that come to the party's attention after the brief has been filed. It is patterned after the practice under local rule in some of the circuits. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT While Rule 28(g) can be read as requiring that tables of authorities be included in a reply brief, such tables are often not included. Their absence impedes efficient use of the reply brief to ascertain the appellant's response to a particular argument of the appellee or to the appellee's use of a particular authority. The amendment to Rule 28(c) is intended to make it clear that such tables are required in reply briefs. The amendment to Rule 28(j) is technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1989 AMENDMENT The amendment provides that the corporate disclosure statement required by new rule 26.1 shall be treated similarly to tables of contents and tables of citations and shall not be counted for purposes of the number of pages allowed in a brief. -CROSS- CROSS REFERENCES Harmless error, see section 2111 of this title. ------DocID 37072 Document 3 of 1452------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 28 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 28. Persons Before Whom Depositions May Be Taken -STATUTE- (a) Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. The term officer as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29. (b) In Foreign Countries. In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed 'To the Appropriate Authority in (here name the country).' Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules. (c) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES In effect this rule is substantially the same as U.S.C., Title 28, (former) Sec. 639 (Depositions de bene esse; when and where taken; notice). U.S.C., Title 28, (former) Sec. 642 (Depositions, acknowledgements, and affidavits taken by notaries public) does not conflict with subdivision (a). NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The added language (in subdivision (a)) provides for the situation, occasionally arising, when depositions must be taken in an isolated place where there is no one readily available who has the power to administer oaths and take testimony according to the terms of the rule as originally stated. In addition, the amendment affords a more convenient method of securing depositions in the case where state lines intervene between the location of various witnesses otherwise rather closely grouped. The amendment insures that the person appointed shall have adequate power to perform his duties. It has been held that a person authorized to act in the premises, as, for example, a master, may take testimony outside the district of his appointment. Consolidated Fastener Co. v. Columbian Button & Fastener Co., C.C.N.D.N.Y. 1898, 85 Fed. 54; Mathieson Alkali Works v. Arnold Hoffman & Co., C.C.A.1st, 1929, 31 F.2d 1. NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT The amendment of clause (1) is designed to facilitate depositions in foreign countries by enlarging the class of persons before whom the depositions may be taken on notice. The class is no longer confined, as at present, to a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States. In a country that regards the taking of testimony by a foreign official in aid of litigation pending in a court of another country as an infringement upon its sovereignty, it will be expedient to notice depositions before officers of the country in which the examination is taken. See generally Symposium, Letters Rogatory (Grossman ed. 1956); Doyle, Taking Evidence by Deposition and Letters Rogatory and Obtaining Documents in Foreign Territory, Proc. A.B.A., Sec. Int'l & Comp. L. 37 (1959); Heilpern, Procuring Evidence Abroad, 14 Tul.L.Rev. 29 (1939); Jones, International Judicial Assistance: Procedural Chaos and a Program for Reform, 62 Yale L.J. 515, 526-29 (1953); Smit, International Aspects of Federal Civil Procedure, 61 Colum.L.Rev. 1031, 1056-58 (1961). Clause (2) of amended subdivision (b), like the corresponding provision of subdivision (a) dealing with depositions taken in the United States, makes it clear that the appointment of a person by commission in itself confers power upon him to administer any necessary oath. It has been held that a letter rogatory will not be issued unless the use of a notice or commission is shown to be impossible or impractical. See, e.g., United States v. Matles, 154 F.Supp. 574 (E.D.N.Y. 1957); The Edmund Fanning, 89 F.Supp. 282 (E.D.N.Y. 1950); Branyan v. Koninklijke Luchtvaart Maatschappij, 13 F.R.D. 425 (S.D.N.Y. 1953). See also Ali Akber Kiachif v. Philco International Corp., 10 F.R.D. 277 (S.D.N.Y. 1950). The intent of the fourth sentence of the amended subdivision is to overcome this judicial antipathy and to permit a sound choice between depositions under a letter rogatory and on notice or by commission in the light of all the circumstances. In a case in which the foreign country will compel a witness to attend or testify in aid of a letter rogatory but not in aid of a commission, a letter rogatory may be preferred on the ground that it is less expensive to execute, even if there is plainly no need for compulsive process. A letter rogatory may also be preferred when it cannot be demonstrated that a witness will be recalcitrant or when the witness states that he is willing to testify voluntarily, but the contingency exists that he will change his mind at the last moment. In the latter case, it may be advisable to issue both a commission and a letter rogatory, the latter to be executed if the former fails. The choice between a letter rogatory and a commission may be conditioned by other factors, including the nature and extent of the assistance that the foreign country will give to the execution of either. In executing a letter rogatory the courts of other countries may be expected to follow their customary procedure for taking testimony. See United States v. Paraffin Wax, 2255 Bags, 23 F.R.D. 289 (E.D.N.Y. 1959). In many non-common-law countries the judge questions the witness, sometimes without first administering an oath, the attorneys put any supplemental questions either to the witness or through the judge, and the judge dictates a summary of the testimony, which the witness acknowledges as correct. See Jones, supra, at 530-32; Doyle, supra, at 39-41. The last sentence of the amended subdivision provides, contrary to the implications of some authority, that evidence recorded in such a fashion need not be excluded on that account. See The Mandu, 11 F.Supp. 845 (E.D.N.Y. 1935). But cf. Nelson v. United States, 17 Fed.Cas. 1340 (No. 10,116) (C.C.D.Pa. 1816); Winthrop v. Union Ins. Co., 30 Fed.Cas. 376 (No. 17901) (C.C.D.Pa. 1807). The specific reference to the lack of an oath or a verbatim transcript is intended to be illustrative. Whether or to what degree the value or weight of the evidence may be affected by the method of taking or recording the testimony is left for determination according to the circumstances of the particular case, cf. Uebersee Finanz-Korporation, A.G. v. Brownell, 121 F.Supp. 420 (D.D.C. 1954); Danisch v. Guardian Life Ins. Co., 19 F.R.D. 235 (S.D.N.Y. 1956); the testimony may indeed be so devoid of substance or probative value as to warrant its exclusion altogether. Some foreign countries are hostile to allowing a deposition to be taken in their country, especially by notice or commission, or to lending assistance in the taking of a deposition. Thus compliance with the terms of amended subdivision (b) may not in all cases ensure completion of a deposition abroad. Examination of the law and policy of the particular foreign country in advance of attempting a deposition is therefore advisable. See 4 Moore's Federal Practice 28.05-28.08 (2d ed. 1950). NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT The amendments are clarifying. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Certification and filing of depositions by officer, see rule 30. Compensation of person taking deposition, see section 1821 of this title. Foreign witnesses, depositions of, see section 1781 of this title. Letters rogatory, failure to respond, see rule 37. Taking responses to written interrogatories and preparation of record, see rule 31. Waiver as to disqualification of officer, see rule 32. ------DocID 37171 Document 4 of 1452------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 28 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 28. Notice: Condemnation -STATUTE- United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER XX United States of America, Plaintiff v. 1,000 Acres of Land in Notice (here insert a general location as 'City of XX' or 'County of XX'), John Doe et al., and Unknown Owners, Defendants To (here insert the names of the defendants to whom the notice is directed): You are hereby notified that a complaint in condemnation has heretofore been filed in the office of the clerk of the United States District Court for the Southern District of New York, in the United States Court House in New York City, New York, for the taking (here state the interest to be acquired, as 'an estate in fee simple') for use (here state briefly the use, 'as a site for a post-office building') of the following described property in which you have or claim an interest. (Here insert brief description of the property in which the defendants, to whom the notice is directed, have or claim an interest.) The authority for the taking is (here state briefly, as 'the Act of XXX, XXX Stat. XXX, U.S.C., Title XXX, Sec. XXX'.) (FOOTNOTE 1) You are further notified that if you desire to present any objection or defense to the taking of your property you are required to serve your answer on the plaintiff's attorney at the address herein designated within twenty days after XXXXXXXX. (FOOTNOTE 2) Your answer shall identify the property in which you claim to have an interest, state the nature and extent of the interest you claim, and state all of your objections and defenses to the taking of your property. All defenses and objections not so presented are waived. And in case of your failure so to answer the complaint, judgment of condemnation of that part of the above-described property in which you have or claim an interest will be rendered. But without answering, you may serve on the plaintiff's attorney a notice of appearance designating the property in which you claim to be interested. Thereafter you will receive notice of all proceedings affecting it. At the trial of the issue of just compensation, whether or not you have previously appeared or answered, you may present evidence as to the amount of the compensation to be paid for your property, and you may share in the distribution of the award. XXXXXXXXXXXXXXXXX United States Attorney. Address XXXXXXXXXXXXX (Here state an address within the district where the United States Attorney may be served as 'United States Court House, New York, N.Y.'.) Dated XXXX (FOOTNOTE 1) And where appropriate add a citation to any applicable Executive Order. (FOOTNOTE 2) Here insert the words 'personal service of this notice upon you,' if personal service is to be made pursuant to subdivision (d)(3)(i) of this rule (Rule 71A); or, insert the date of the last publication of notice, if service by publication is to be made pursuant to subdivision (d)(3)(ii) of this rule. -SOURCE- (Added May 1, 1951, eff. Aug. 1, 1951.) ------DocID 37457 Document 5 of 1452------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 28 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 28. Persons Before Whom Depositions May Be Taken - Commissions and Letters Rogatory -STATUTE- (a) Within the United States. At any place within the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court. A person so appointed has power to administer oaths and take testimony. (b) In Foreign Countries. In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. (c) Commissions and Letters Rogatory - How Issued - When Issued - Interrogatories - Objections to Interrogatories. (1) A commission or a letter rogatory shall be issued in the name of the President of the United States and under the seal of the court to examine witnesses resident in another country. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. (2) Commissions or letters rogatory to take depositions shall be issued only upon order pursuant to a motion made in writing, after answer is filed, setting forth the names and addresses of the witnesses whose testimony is sought. (3) The proposed interrogatories shall be annexed to the motion for a commission or a letter rogatory. Unless the court orders otherwise, cross-interrogatories shall be served within 15 days after the motion is granted; within 10 days thereafter, redirect interrogatories may be served; and within 10 days thereafter, recross-interrogatories may be served. (4) Objections to all interrogatories may be made at the trial to the same extent and under the same conditions as provided in Rule 32 with respect to depositions on oral examination. Any objections to such interrogatories which are required to be made prior to the issuance of a commission or a letter rogatory shall be served within the time provided for the next succeeding interrogatories, or in the case of recross-interrogatories, within 10 days after service thereof. (d) Commissions and Letters Rogatory - To Whom Issued - Taking of Testimony - Use of Testimony. (1) Commissions may be issued to an American consul, or to a notary public, or other officer authorized to administer oaths by the laws of the country where the deposition is taken. Letters rogatory may be issued to a foreign or international tribunal, officer, or agency and may be addressed 'To the Appropriate Judicial Authority in (here name the country).' (2) Such commissions or letters rogatory, together with all interrogatories, shall be forwarded by the clerk of the court immediately after the time for filing objections to the last interrogatory has expired, or, if objection is made, immediately after the court's ruling on the last interrogatory becomes final, with directions to proceed promptly to take the testimony of the witness in response to all the interrogatories and to prepare, certify, and return the deposition to the clerk of the court, attaching thereto the commission or letter rogatory and all interrogatories. (3) The answers of each witness under oath to all interrogatories shall be in writing and signed by the official commissioned pursuant to paragraph (1) of this subdivision. The testimony so taken may be used in the same manner as prescribed in Rule 32. (e) Return, Notice, Filing of Deposition. Upon the return of the deposition the clerk of the court shall open and file it forthwith and give notice thereof to the parties. Any written motion to suppress such deposition, or any part thereof, shall be served within 30 days after the mailing of the notice. Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it departs from the requirements for depositions taken within the United States under these rules. (f) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) ------DocID 37350 Document 6 of 1452------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 28 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 28. Persons Before Whom Depositions May Be Taken -STATUTE- (a) Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held or before a person appointed by the court. A person so appointed has power to administer oaths and take testimony. The term officer as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29. (b) In Foreign Countries. In a foreign country, depositions may be taken: (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States; or (2) before a person commissioned by the court and a person so commissioned shall have the power by virtue of the person's commission to administer any necessary oath and take testimony; or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed 'To the Appropriate Authority in (here name the country).' Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules. (c) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. (d) Fees. The party at whose instance the deposition is taken shall be responsible for the payment of the officer's fees for taking, transcribing, and returning the deposition. ------DocID 37294 Document 7 of 1452------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 28 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VI -HEAD- Rule 28. Oral Argument -STATUTE- .1. Oral argument should emphasize and clarify the written arguments appearing in the briefs on the merits. Counsel should assume that all Justices of the Court have read the briefs in advance of oral argument. The Court looks with disfavor on oral argument read from a prepared text. .2. The petitioner or appellant is entitled to open and conclude the argument. A cross-writ of certiorari shall be argued with the initial writ of certiorari as one case in the time allowed for that one case and the Court will advise the parties who will open and close. .3. Unless otherwise directed, one-half hour on each side is allowed for argument. Counsel is not required to use all the allotted time. A request for additional time to argue must be presented by a motion to the Court under Rule 21 not later than 15 days after service of the petitioner's or appellant's brief on the merits and shall set forth with specificity and conciseness why the case cannot be presented within the half-hour limitation. Additional time is rarely accorded. .4. Only one attorney will be heard for each side, except by special permission granted upon a request presented not later than 15 days after service of the petitioner's or appellant's brief on the merits. The request must be presented by a motion to the Court under Rule 21 and shall set forth with specificity and conciseness why more than one attorney should argue. Divided argument is not favored. .5. In any case, and regardless of the number of counsel participating, counsel having the opening must present the case fairly and completely and not reserve points of substance for rebuttal. .6. Oral argument will not be allowed on behalf of any party for whom no brief has been filed. .7. By leave of the Court, and subject to paragraph .4 of this Rule, counsel for an amicus curiae whose brief has been duly filed pursuant to Rule 37 may, with the consent of a party, argue orally on the side of that party. In the absence of consent, counsel for an amicus curiae may orally argue only by leave of the Court on a motion particularly setting forth why oral argument is thought to provide assistance to the Court not otherwise available. The motion will be granted only in the most extraordinary circumstances. ------DocID 17770 Document 8 of 1452------ -CITE- 15 USC Sec. 80a-28 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-28. Face-amount certificate companies -STATUTE- (a) Issuance or sale of certificates It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, unless - (1) such company, if organized before March 15, 1940, was actively and continuously engaged in selling face-amount certificates on and before that date, and has outstanding capital stock worth upon a fair valuation of assets not less than $50,000; or if organized on or after March 15, 1940, has capital stock in an amount not less than $250,000 which has been bona fide subscribed and paid for in cash; and (2) such company maintains at all times minimum certificate reserves on all its outstanding face-amount certificates in an aggregate amount calculated and adjusted as follows: (A) the reserves for each certificate of the installment type shall be based on assumed annual, semi-annual, quarterly, or monthly reserve payments according to the manner in which gross payments for any certificate year are made by the holder, which reserve payments shall be sufficient in amount, as and when accumulated at a rate not to exceed 3 1/2 per centum per annum compounded annually, to provide the minimum maturity or face amount of the certificate when due. Such reserve payments may be graduated according to certificate years so that the reserve payment or payments for the first certificate year shall amount to at least 50 per centum of the required gross annual payment for such year and the reserve payment or payments for each of the second to fifth certificate years inclusive shall amount to at least 93 per centum of each such year's required gross annual payment and for the sixth and each subsequent certificate year the reserve payment or payments shall amount to at least 96 per centum of each such year's required gross annual payment: Provided, That such aggregate reserve payments shall amount to at least 93 per centum of the aggregate gross annual payments required to be made by the holder to obtain the maturity of the certificate. The company may at its option take as loading from the gross payment or payments for a certificate year, as and when made by the certificate holder, an amount or amounts equal in the aggregate for such year to not more than the excess, if any, of the gross payment or payments required to be made by the holder for such year, over and above the percentage of the gross annual payment required herein for such year for reserve purposes. Such loading may be taken by the company prior to or after the setting up of the reserve payment or payments for such year and the reserve payment or payments for such year may be graduated and adjusted to correspond with the amount of the gross payment or payments made by the certificate holder for such year less the loading so taken; (B) if the foregoing minimum percentages of the gross annual payments required under the provisions of such certificate should produce reserve payments larger than are necessary at 3 1/2 per centum per annum compounded annually to provide the minimum maturity or face amount of the certificate when due, the reserve shall be based upon reserve payments accumulated as provided under preceding subparagraph (A) of this paragraph except that in lieu of the 3 1/2 per centum rate specified therein, such rate shall be lowered to the minimum rate, expressed in multiples of one-eighth of 1 per centum, which will accumulate such reserve payments to the maturity value when due; (C) if the actual annual gross payment to be made by the certificate holder on any certificate issued prior to or after the effective date of this chapter is less than the amount of any assumed reserve payment or payments for a certificate year, such company shall maintain as a part of such minimum certificate reserves a deficiency reserve equal to the total present value of future deficiencies in the gross payments, calculated at a rate not to exceed 3 1/2 per centum per annum compounded annually; (D) for each certificate of the installment type the amount of the reserve shall at any time be at least equal to (1) the then amount of the reserve payments set up under subparagraphs (A) or (B) of this paragraph; (2) the accumulations on such reserve payments as computed under subparagraphs (A) or (B) of this paragraph; (3) the amount of any deficiency reserve required under subparagraph (C) of this paragraph; and (4) such amount as shall have been credited to the account of each certificate holder in the form of any credit, or any dividend, or any interest in addition to the minimum maturity amount specified in such certificate, plus any accumulations on any amount or amounts so credited, at a rate not exceeding 3 1/2 per centum per annum compounded annually; (E) for each certificate which is fully paid, including any fully paid obligations resulting from or effected upon the maturity of the previously issued certificate, and for each paid-up certificate issued as provided in subsection (f) of this section prior to maturity, the amount of the reserve shall at any time be at least equal to (1) such amount as and when accumulated at a rate not to exceed 3 1/2 per centum per annum compounded annually, will provide the amount or amounts payable when due and (2) such amount as shall have been credited to the account of each such certificate holder in the form of any credit, or any dividend, or any interest in addition to the minimum maturity amount specified in the certificate, plus any accumulations on any amount or amounts so credited, at a rate not exceeding 3 1/2 per centum per annum compounded annually; (F) for each certificate of the installment type under which gross payments have been made by or credited to the holder thereof covering a payment period or periods or any part thereof beyond the then current payment period as defined by the terms of such certificate, and for which period or periods no reserve has been set up under subparagraph (A) or (B) of this paragraph, an advance payment reserve shall be set up and maintained in the amount of the present value of any such unapplied advance gross payments, computed at a rate not to exceed 3 1/2 per centum per annum compounded annually; (G) such appropriate contingency reserves for death and disability benefits and for reinstatement rights on any such certificate providing for such benefits or rights as the Commission shall prescribe by rule, regulation, or order based upon the experience of face-amount companies in relation to such contingencies. At no time shall the aggregate certificate reserves herein required by subparagraphs (A) to (F) of this paragraph, be less than the aggregate surrender values and other amounts to which all certificate holders may be then entitled. For the purpose of this subsection, no certificate of the installment type shall be deemed to be outstanding if before a surrender value has been attained the holder thereof has been in continuous default in making his payments thereon for a period of one year. (b) Asset requirements prior to sale of certificates It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, unless such company has, in cash or qualified investments, assets having a value not less than the aggregate amount of the capital stock requirement and certificate reserves as computed under the provisions of subsection (a) of this section. As used in this subsection, 'qualified investments' means investments of a kind which life-insurance companies are permitted to invest in or hold under the provisions of the Code of the District of Columbia as heretofore or hereafter amended, and such other investments as the Commission shall by rule, regulation, or order authorize as qualified investments. Such investments shall be valued in accordance with the provisions of said Code where such provisions are applicable. Investments to which such provisions do not apply shall be valued in accordance with such rules, regulations, or orders as the Commission shall prescribe for the protection of investors. (c) Certificate reserve requirements The Commission shall by rule, regulation, or order, in the public interest or for the protection of investors, require a registered face-amount certificate company to deposit and maintain, upon such terms and conditions as the Commission shall prescribe and as are appropriate for the protection of investors, with one or more institutions having the qualifications required by paragraph (1) of section 80a-26(a) of this title for a trustee of a unit investment trust, all or any part of the investments maintained by such company as certificate reserve requirements under the provisions of subsection (b) of this section: Provided, however, That where qualified investments are maintained on deposit by such company in respect of its liabilities under certificates issued to or held by residents of any State as required by the statute of such State or by any order, regulation, or requirement of such State or any official or agency thereof, the amount so on deposit, but not to exceed the amount of reserves required by subsection (a) of this section for the certificates so issued or held, shall be deducted from the amount of qualified investments that may be required to be deposited hereunder. Assets which are qualified investments under subsection (b) of this section and which are deposited under or as permitted by this subsection, may be used and shall be considered as a part of the assets required to be maintained under the provisions of said subsection (b). (d) Provisions required in certificate It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, unless such certificate contains a provision or provisions to the effect - (1) that, in respect of any certificate of the installment type, during the first certificate year the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the reserve payments as specified in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this section and at the end of such certificate year, a value payable in cash at least equal to 50 per centum of the amount of the gross annual payment required thereby for such year; (2) that, in respect of any certificate of the installment type, at any time after the expiration of the first certificate year and prior to maturity, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the then amount of the reserve for such certificate required by numbered items (1) and (2) of subparagraph (D) of paragraph (2) of subsection (a) of this section, less a surrender charge that shall not exceed 2 per centum of the face or maturity amount of the certificate, or 15 per centum of the amount of such reserve, whichever is the lesser, but in no event shall such value be less than 50 per centum of the amount of such reserve. The amount of the surrender value for the end of each certificate year shall be set out in the certificate; (3) that, in respect of any certificate of the installment type, the holder of the certificate, upon surrender thereof for cash or upon receipt of a paid-up certificate as provided in subsection (f) of this section, shall be entitled to a value payable in cash equal to the then amount of any advance payment reserve under such certificate required by subparagraph (F) of paragraph (2) of subsection (a) of this section in addition to any other amounts due the holder hereunder; (4) that at any time prior to maturity, in respect of any certificate which is fully paid, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the then amount of the reserve for such certificate required by item (1) of subparagraph (E) of paragraph (2) of subsection (a) of this section, less a surrender charge that shall not exceed 2 per centum of the face or maturity amount of the certificate, or 15 per centum of the amount of such reserve, whichever is the lesser: Provided, however, That such surrender charge shall not apply as to any obligations of a fully paid type resulting from the maturity of a previously issued certificate. The amount of the surrender value for the end of each certificate year shall be set out in the certificate; (5) that in respect of any certificate, the holder of the certificate, upon maturity, upon surrender thereof for cash or upon receipt of a paid-up certificate as provided in subsection (f) of this section, shall be entitled to a value payable in cash equal to the then amount of the reserve, if any, for such certificate required by item (4) of subparagraph (D) of paragraph (2) of subsection (a) of this section or item (2) of subparagraph (E) of paragraph (2) of said subsection (a) in addition to any other amounts due the holder hereunder. The term 'certificate year' as used in this section in respect of any certificate of the installment type means a period or periods for which one year's payment or payments as provided by the certificate have been made thereon by the holder and the certificate maintained in force by such payments for the time for which the same have been made, and in respect of any certificate which is fully paid or paid-up means any year ending on the anniversary of the date of issuance of the certificate. Any certificate may provide for loans or advances by the company to the certificate holder on the security of such certificate upon terms prescribed therein but at an interest rate not exceeding 6 per centum per annum. The amount of the required reserves, deposits, and the surrender values thereof available to the holder may be adjusted to take into account any unpaid balance on such loans or advances and interest thereon, for the purposes of this subsection and subsections (b) and (c) of this section. Any certificate may provide that the company at its option may, prior to the maturity thereof, defer any payment or payments to the certificate holder to which he may be entitled under this subsection, for a period of not more than thirty days: Provided, That in the event such option is exercised by the company, interest shall accrue on any payment or payments due to the holder, for the period of such deferment at a rate equal to that used in accumulating the reserves for such certificate: And provided further, That the Commission may, by rules and regulations or orders in the public interest or for the protection of investors, make provision for any other deferment upon such terms and conditions as it shall prescribe. (e) Liability of holder to legal action for unpaid amount of certificate It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, which certificate makes the holder liable to any legal action or proceeding for any unpaid amount on such certificate. (f) Optional right to paid up certificate in lieu of cash surrender value It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, (1) unless such face-amount certificate contains a provision or provisions to the effect that the holder shall have an optional right to receive a paid-up certificate in lieu of the then attained cash surrender value provided therein and in the amount of such value plus accumulations thereon at a rate to be specified in the paid-up certificate equal to that used in computing the reserve on the original certificate under subparagraph (A) or (B) of paragraph (2) of subsection (a) of this section, such paid-up certificate to become due and payable at the end of a period equal to the balance of the term of such original certificate before maturity; and during the period prior to maturity such paid-up certificate shall have a cash value upon surrender thereof equal to the then amount of the reserve therefor; and (2) unless such face-amount certificate contains a further provision or provisions to the effect that if the holder be in continuous default in his payments on such certificate for a period of six months without having exercised his option to receive a paid-up certificate, as herein provided, the company at the expiration of such six months shall pay the surrender value in cash if such value is less than $100 or if such value is $100 or more shall issue such paid-up certificate to such holder and such payment or issuance, plus the payment of all other amounts to which he may be then entitled under the original certificate, shall operate to cancel his original certificate: Provided, That in lieu of the issuance of a new paid-up certificate the original certificate may be converted into a paid-up certificate with the same effect; and (3) unless, where such certificate provides, in the event of default, for the deferment of payments thereon by the holder or of the due dates of such payments or of the maturity date of the certificate, it shall also provide in effect for the right of reinstatement by the holder of the certificate after default and for an option in the holder, at the time of reinstatement, to make up the payment or payments for the default period next preceding such reinstatement with interest thereon not exceeding 6 per centum per annum, with the same effect as if no such default in making such payments had occurred. The term 'default' as used in this subsection shall, without restricting its usual meaning, include a failure to make a payment or payments as and when provided by the certificate. (g) Application of section to company issuing certificates only to holders of previously issued certificates The foregoing provisions of this section shall not apply to a face-amount certificate company which on or before the effective date of this chapter has discontinued the offering of face-amount certificates to the public and issues face-amount certificates only to the holders of certificates previously issued pursuant to an obligation expressed or implied in such certificates. (h) Declaration or payment of dividends It shall be unlawful for any registered face-amount certificate company which does not maintain the minimum certificate reserve on all its outstanding face-amount certificates issued prior to the effective date of this chapter, in an aggregate amount calculated and adjusted as provided in this section to declare or pay any dividends on the shares of such company for or during any calendar year which shall exceed one-third of the net earnings for the next preceding calendar year or which shall exceed 10 per centum of the aggregate net earnings for the next preceding five calendar years, whichever is the lesser amount, or any dividend which shall have been forbidden by the Commission pursuant to the provision of the next sentence of this paragraph. At least thirty days before such company shall declare, pay, or distribute any dividend, it shall give the Commission written notice of its intention to declare, pay, or distribute the same; and if at any time it shall appear to the Commission that the declaration, payment or distribution of any dividend for or during any calendar year might impair the financial integrity of such company or its ability to meet its liabilities under its outstanding face-amount certificates, it may by order forbid the declaration, distribution, or payment of any such dividend. (i) Application of section to certificates issued prior to effective date of section The foregoing provisions of this section shall apply to all face-amount certificates issued prior to the effective date of this subsection; to the collection or acceptance of any payment on such certificates; to the issuance of face-amount certificates to the holders of such certificates pursuant to an obligation expressed or implied in such certificates; to the provisions of such certificates; to the minimum certificate reserves and deposits maintained with respect thereto; and to the assets that the issuer of such certificate was and is required to have with respect to such certificates. With respect to all face-amount certificates issued after the effective date of this subsection, the provisions of this section shall apply except as hereinafter provided. (1) Notwithstanding subparagraph (A) of paragraph (2) of subsection (a) of this section, the reserves for each certificate of the installment type shall be based on assumed annual, semiannual, quarterly, or monthly reserve payments according to the manner in which gross payments for any certificate year are made by the holder, which reserve payments shall be sufficient in amount, as and when accumulated at a rate not to exceed 3 1/2 per centum per annum compounded annually, to provide the minimum maturity or face amount of the certificate when due. Such reserve payments may be graduated according to certificate years so that the reserve payment or payments for the first three certificate years shall amount to at least 80 per centum of the required gross annual payment for such years; the reserve payment or payments for the fourth certificate year shall amount to at least 90 per centum of such year's required gross annual payment; the reserve payment or payments for the fifth certificate year shall amount to at least 93 per centum of such year's gross annual payment; and for the sixth and each subsequent certificate year the reserve payment or payments shall amount to at least 96 per centum of each such year's required gross annual payment: Provided, That such aggregate reserve payments shall amount to at least 93 per centum of the aggregate gross annual payments required to be made by the holder to obtain the maturity of the certificate. The company may at its option take as loading from the gross payment or payments for a certificate year, as and when made by the certificate holder, an amount or amounts equal in the aggregate for such year to not more than the excess, if any, of the gross payment or payments required to be made by the holder for such year, over and above the percentage of the gross annual payment required herein for such year for reserve purposes. Such loading may be taken by the company prior to or after the setting up of the reserve payment or payments for such year and the reserve payment or payments for such year may be graduated and adjusted to correspond with the amount of the gross payment or payments made by the certificate holder for such year less the loading so taken. (2) Notwithstanding paragraphs (1) and (2) of subsection (d) of this section, (A) in respect of any certificate of the installment type, during the first certificate year, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than 80 per centum of the amount of the gross payments made on the certificate; and (B) in respect of any certificate of the installment type, at any time after the expiration of the first certificate year and prior to maturity, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the then amount of the reserve for such certificate required by clauses (1) and (2) of subparagraph (D) of paragraph (2) of subsection (a) of this section, less a surrender charge that shall not exceed 2 per centum of the face or maturity amount of the certificate, or 15 per centum of the amount of such reserve, whichever is the lesser, but in no event shall such value be less than 80 per centum of the gross payments made on the certificate. The amount of the surrender value for the end of each certificate year shall be set out in the certificate. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 28, 54 Stat. 829; Dec. 14, 1970, Pub. L. 91-547, Sec. 17, 84 Stat. 1426; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 620, 621, 101 Stat. 1262.) -REFTEXT- REFERENCES IN TEXT For the effective date of this subchapter, referred to in subsecs. (a), (b), (d), (e), and (f), see section 80a-52 of this title. For the effective date of this chapter, referred to in subsecs. (a)(2)(C), (g), and (h), see sections 80a-52 and 80b-21 of this title. For the effective date of this subsection, referred to in subsec. (i), as the day upon expiration of 6 months after Dec. 14, 1970, see section 30(3) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -MISC2- AMENDMENTS 1987 - Subsec. (a)(2)(B). Pub. L. 100-181, Sec. 620, substituted 'paragraph' for 'subsection'. Subsec. (d)(2). Pub. L. 100-181, Sec. 621, inserted 'of' before 'subsection (a)'. 1970 - Subsec. (i). Pub. L. 91-547 added subsec. (i). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of six months after Dec. 14, 1970, see section 30(3) of Pub. L. 91-547, set out as a note under section 80a-2 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Organization of face-amount certificate companies by registered face-amount certificate company, see section 80a-12 of this title. Value as to assets of registered investment companies, definition of, see section 80a-2 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-2, 80a-6, 80a-12 of this title. ------DocID 18457 Document 9 of 1452------ -CITE- 15 USC CHAPTER 28 -EXPCITE- TITLE 15 CHAPTER 28 -HEAD- CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION -MISC1- Sec. 1231. Definitions. 1232. Label and entry requirements. 1232a. Repealed. 1233. Violations and penalties. (a) Failure to affix required label. (b) Failure to endorse required label. (c) Removal, alteration, or illegibility of required label. ------DocID 21121 Document 10 of 1452------ -CITE- 16 USC Sec. 460m-28 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-28. Flow management -STATUTE- (a) Findings The Congress finds that adjustments of flows from Bluestone Lake project during periods of low flow are necessary to respond to the congressional mandate contained in section 460m-23 of this title and that such adjustments could enhance the quality of the recreational experience in the segments of the river below the lake during those periods as well as protect the biological resources of the river. (b) Report to Congress required The Secretary of the Army, in conjunction with the Secretary of the Interior, shall conduct a study and prepare a report under this section. The report shall be submitted to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives not later than December 31, 1989. Before submission of the report to these Committees, a draft of the report shall be made available for public comment. The final report shall include the comments submitted by the Secretary of the Interior and the public, together with the response of the Secretary of the Army to those comments. (c) Contents of study The study under this section shall examine the feasibility of adjusting the timing of daily releases from Bluestone Lake project during periods when flows from the lake are less than three thousand cubic feet per second. The purpose of such adjustment shall be to improve recreation (including, but not limited to, fishing and whitewater recreation) in the New River Gorge National River. Any such adjustments in the timing of flows which are proposed in such report shall be consistent with other project purposes and shall not have significant adverse effects on fishing or on any other form of recreation in Bluestone Lake or in any segment of the river below Bluestone Lake. The study shall assess the effects of such flow adjustments on the quality of recreation on the river in the segments of the river between Hinton and Thurmond and between Thurmond and the downstream boundary of the New River Gorge National River, taking into account the levels of recreational visitation in each of such segments. (d) Test procedures As part of the study under this section, the Secretary of the Army shall conduct test releases from Bluestone Lake project during twenty-four-hour periods during the summer of 1989 when flows are less than three thousand cubic feet per second from the project. All such adjustments shall conform to the criteria specified in subsection (c) of this section. The tests shall provide adjustments in the timing of daily flows from Bluestone Lake project which permit flows higher than the twenty-four-hour average to reach downstream recreational segments of the river during morning and afternoon hours. The tests shall develop specific data on the effects of flow adjustments on the speed of the current and on water surface levels in those segments. No test shall be conducted when flows from the lake are less than one thousand seven hundred cubic feet per second and no test shall reduce flows below that level. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1115, as added Pub. L. 100-534, title I, Sec. 104, Oct. 26, 1988, 102 Stat. 2701.) ------DocID 22894 Document 11 of 1452------ -CITE- 16 USC CHAPTER 28 -EXPCITE- TITLE 16 CHAPTER 28 -HEAD- CHAPTER 28 - WILD AND SCENIC RIVERS -MISC1- Sec. 1271. Congressional declaration of policy. 1272. Congressional declaration of purpose. 1273. National wild and scenic rivers system. (a) Composition; application; publication in Federal Register; expense; administration of federally owned lands. (b) Classification, designation, and administration of rivers. 1274. Component rivers and adjacent lands. (a) Designation. (b) Establishment of boundaries; classification. (c) Public inspection of maps and descriptions. (d) Comprehensive management plan for protection of river values; review of boundaries, classifications, and plans. 1275. Additions to national wild and scenic rivers system. (a) Reports by Secretaries of the Interior and Agriculture; recommendations to Congress; contents of reports. (b) Study of report by affected Federal and State officials; recommendations and comments; transmittal to President and Congress. (c) Publication in Federal Register. (d) Areas comprised by boundaries; scope of study report. 1276. Rivers constituting potential additions to national wild and scenic rivers system. (a) Enumeration of designated rivers. (b) Studies and reports. (c) State participation. (d) Continuing consideration by Federal agencies to potential national, wild, scenic and recreational river areas. 1277. Land acquisition. (a) Grant of authority to acquire; State and Indian lands; use of appropriated funds; acquisition of tracts partially outside component boundaries; disposition of lands. (b) Curtailment of condemnation power in area 50 per centum or more of which is owned in fee title by Federal or State government. (c) Curtailment of condemnation power in urban areas covered by valid and satisfactory zoning ordinances. (d) Exchange of property. (e) Transfer of jurisdiction over federally owned property to appropriate Secretary. (f) Acceptance of donated land, funds, and other property. (g) Retained right of use and occupancy; termination; fair market value; 'improved property' defined. 1278. Restrictions on water resources projects. (a) Construction projects licensed by Federal Energy Regulatory Commission. (b) Construction projects on rivers designated for potential addition to system. (c) Activities in progress affecting river of system; notice to Secretary. (d) Grants under Land and Water Conservation Fund Act of 1965. 1279. Withdrawal of public lands from entry, sale, or other disposition under public land laws. (a) Lands within authorized boundaries of components of system. (b) Lands constituting bed or bank of river; lands within bank area. 1280. Federal mining and mineral leasing laws. (a) Applicability to components of system. (b) Withdrawal from appropriation of minerals in Federal river beds or bank areas; prospecting, leases, licenses, and permits. 1281. Administration. (a) Public use and enjoyment of components; protection of features; management plans. (b) Wilderness areas. (c) Areas administered by National Park Service and Fish and Wildlife Service. (d) Statutory authorities relating to national forests. (e) Cooperative agreements with State and local governments. 1282. Assistance to State and local projects. (a) Assistance of the Secretary of the Interior. (b) Assistance of Secretaries of Interior, Agriculture, or other Federal agency heads; use of Federal facilities, equipment, etc.; conditions on permits or other authorizations. 1283. Management policies. (a) Action of Secretaries and heads of agencies; cooperative agreements. (b) Existing rights, privileges, and contracts affecting Federal lands. (c) Water pollution. 1284. Existing State jurisdiction and responsibilities. (a) Fish and wildlife. (b) Compensation for water rights. (c) Reservation of waters for other purposes or in unnecessary quantities prohibited. (d) State jurisdiction over included streams. (e) Interstate compacts. (f) Rights of access to streams. (g) Easements and rights-of-way. 1285. Claim and allowance of charitable deduction for contribution or gift of easement. 1285a. Lease of Federal lands. (a) Authority of Secretary; restrictive covenants. (b) Offer to prior owner. 1285b. Establishment of boundaries for certain component rivers in Alaska; withdrawal of minerals. 1286. Definitions. 1287. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 460gg-3, 460bbb-3, 544k of this title. ------DocID 25113 Document 12 of 1452------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 28 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 28. Interpreters -STATUTE- The court may appoint an interpreter of its own selection and may fix the reasonable compensation of such interpreter. Such compensation shall be paid out of funds provided by law or by the government, as the court may direct. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, eff. July 1, 1975.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The power of the court to call its own witnesses, though rarely invoked, is recognized in the Federal courts, Young v. United States, 107 F.2d 490 (C.C.A. 5th); Litsinger v. United States, 44 F.2d 45 (C.C.A. 7th). This rule provides a procedure whereby the court may, if it chooses, exercise this power in connection with expert witnesses. The rule is based, in part, on the Uniform Expert Testimony Act, drafted by the Commissioners on Uniform State Laws, Hand Book of the National Conference of Commissioners on Uniform State Laws (1937), 337; see, also, Wigmore - Evidence, 3d Ed., sec. 563; A.L.I. Code of Criminal Procedure, secs. 307-309; National Commission on Law of Observance and Enforcement - Report on Criminal Procedure, 37. Similar provisions are found in the statutes of a number of States: Wisconsin - Wis.Stat. (1941), sec. 357.12; Indiana - Ind.Stat.Ann. (Burns, 1933), sec. 9-1702; California - Cal.Pen.Code (Deering, 1941), sec. 1027. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - The original rule is made a separate subdivision. The amendment permits the court to inform the witness of his duties in writing since it often constitutes an unnecessary inconvenience and expense to require the witness to appear in court for such purpose. Subdivision (b). - This new subdivision authorizes the court to appoint and provide for the compensation of interpreters. General language is used to give discretion to the court to appoint interpreters in all appropriate situations. Interpreters may be needed to interpret the testimony of non-English speaking witnesses or to assist non-English speaking defendants in understanding the proceedings or in communicating with assigned counsel. Interpreters may also be needed where a witness or a defendant is deaf. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (a). This subdivision is stricken, since the subject of court-appointed expert witnesses is covered in Evidence Rule 706 in detail. Subdivision (b). The provisions of subdivision (b) are retained. Although Evidence Rule 703 specifies the qualifications of interpreters and the form of oath to be administered to them, it does not cover their appointment or compensation. EFFECTIVE DATE OF AMENDMENT PROPOSED NOVEMBER 20, 1972 Amendment of this rule embraced by the order entered by the Supreme Court of the United States on November 20, 1972, effective on the 180th day beginning after January 2, 1975, see section 3 of Pub. L. 93-595, Jan. 2, 1975, 88 Stat. 1959, set out as a note under section 3771 of this title. ------DocID 25167 Document 13 of 1452------ -CITE- 19 USC Sec. 26 to 28 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 26 to 28. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(12)-(14), 70 Stat. 947 -MISC1- Section 26, R.S. Sec. 2611; act Feb. 8, 1875, ch. 36, Sec. 11, 18 Stat. 309; related to oath by special examiners of drugs. Functions formerly exercised by the special examiner of drugs are covered by section 381 of Title 21, Food and Drugs. Section 27, acts Feb. 8, 1875, ch. 36, Sec. 11, 18 Stat. 309; Mar. 2, 1895, ch. 177, Sec. 5, 28 Stat. 807; related to oaths by subordinate customs officers. Section 28, act Sept. 24, 1914, ch. 309, 38 Stat. 716, provided that headquarters of customs district of Florida should be at Tampa. Section 2 of this title vests authority in the President to change from time to time the location of headquarters of customs collection district and such authority was delegated to the Secretary of the Treasury by section 1 (a) of Executive Order 10289 of September 17, 1951, set out as a note under section 301 of Title 3, The President. ------DocID 26084 Document 14 of 1452------ -CITE- 20 USC Sec. 28 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 28. Reports to Congress by Department of Education -STATUTE- The Department of Education shall make an annual report to Congress, on or before December 1, on the administration of this chapter and shall include in such report the reports made by the State boards on the administration of this chapter by each State and the expenditure of the money allotted to each State. -SOURCE- (Feb. 23, 1917, ch. 114, Sec. 18, 39 Stat. 936; Ex. Ord. No. 6166, Sec. 15, June 10, 1933; 1939 Reorg. Plan No. I, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301, title V, Sec. 507, 93 Stat. 677, 692.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed. -TRANS- TRANSFER OF FUNCTIONS 'Department of Education' substituted in text for 'Department of Health, Education, and Welfare' pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title. -CROSS- CROSS REFERENCES Department of Education, submission of State board reports to, see section 18 of this title. ------DocID 26609 Document 15 of 1452------ -CITE- 20 USC CHAPTER 28 -EXPCITE- TITLE 20 CHAPTER 28 -HEAD- CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE -MISC1- SUBCHAPTER I - POSTSECONDARY PROGRAMS FOR NONTRADITIONAL STUDENTS Sec. 1001. Findings. 1002. Definitions. 1003. Limitation on contract authority. PART A - PROGRAM AND PLANNING GRANTS 1011. Institutional development. (a) Purpose. (b) Grants. (c) Additional use of funds. (d) Applications for assistance. 1012. Establishment of off-campus program grants. (a) Purpose; off-campus education programs. (b) Uses of funds. (c) Applications for assistance. 1013. Adult and continuing education staff development. (a) Purpose. (b) Grants authorized. (c) Applications for assistance. 1014. Administration of programs by Secretary. 1015. Authorization of appropriations. PART B - NATIONAL PROGRAMS 1016. Adult learning research. (a) Establishment of program. (b) Uses of funds. (c) Application for assistance. 1016a. Authorization limitation. PART C - THE NATIONAL ADVISORY COUNCIL ON CONTINUING EDUCATION 1017. The National Advisory Council on Continuing Education. (a) Establishment and composition. (b) Advisory functions. (c) Functions relating to eliminating duplication. (d) Reports. (e) Use of services. PART D - STUDENT LITERACY CORPS 1018. Purpose. 1018a. Literacy corps program. 1018b. Uses of funds. (a) In general. (b) Limitations. 1018c. Applications. (a) Application required. (b) Contents of application. (c) Waiver. 1018d. Technical assistance and coordination contract. 1018e. Authorization of appropriations. 1018f. Definitions. SUBCHAPTER II - ACADEMIC LIBRARY AND INFORMATION TECHNOLOGY ENHANCEMENT 1021. Authorizing provisions. (a) Congressional declaration of purpose. (b) Authorization of appropriations. (c) Sectarian instruction; religious worship; divinity schools or departments. 1022. Notification of State agency. PART A - COLLEGE LIBRARY RESOURCES 1029. College library resources. (a) Grant authority; amount of grant; eligible institutions in greatest need as recipients in case of insufficiency of funds. (b) Application for grant. (c) Assurance requirement. (d) Waiver of subsection (b)(2) assurance requirement in very unusual circumstances. (e) Waiver of subsection (c) assurance requirement in very unusual circumstances; percentage limitation. (f) Allowable uses for grant funds. 1030. 'Full-time equivalent students' defined. PART B - LIBRARY TRAINING, RESEARCH, AND DEVELOPMENT 1031. Grants authorized. 1032. Library career training. (a) Allowable uses of grant funds. (b) Fellowships and traineeships. 1033. Research and demonstrations. 1034. Repealed. PART C - STRENGTHENING RESEARCH LIBRARY RESOURCES 1041. Eligibility for assistance. (a) Grant authority. (b) Grants as precluding resource development grants. (c) Eligibility for assistance of nonqualifying institutions based on demonstration of significance for scholarly research of particular collection described in grant proposal. 1042. Geographical distribution of grants. PART D - COLLEGE LIBRARY TECHNOLOGY AND COOPERATION GRANTS 1047. Establishment of program. (a) Categories of grantee institutions or organizations. (b) Competitive awards; minimum awards; expenditure period. (c) Approval by Secretary; concurrent expenditure of minimum funds from other sources. (d) Administration by expert in library technology. SUBCHAPTER III - INSTITUTIONAL AID 1051. Findings and purposes. (a) Findings. (b) Purpose. PART A - STRENGTHENING INSTITUTIONS 1057. Program purpose. (a) General authorization. (b) Grants awarded; special consideration. 1058. Definitions; eligibility. (a) Educational and general expenditures. (b) Eligible institution. (c) Enrollment of needy students. (d) Full-time equivalent students. (e) Junior or community college. (f) Historically black college or university. 1059. Duration of grant. (a) General rule. (b) Prohibition. (c) Planning grants. 1059a. Application review process. (a) Review panel. (b) Recommendations of panel. (c) Notification. PART B - STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 1060. Findings and purposes. 1061. Definitions. 1062. Grants to institutions. (a) General authorization; uses of funds. (b) Limitations. 1063. Allotments to institutions. (a) Allotment; Pell Grant basis. (b) Allotment; graduates basis. (c) Allotment; graduate and professional student basis. (d) Minimum allotment. (e) Reallotment. (f) Special merger rule. (g) Special rule for certain District of Columbia eligible institutions. 1063a. Applications. (a) Contents. (b) Approval. 1063b. Professional or graduate institutions. (a) General authorization. (b) Duration. (c) Uses of funds. (d) Application. (e) Eligible professional or graduate institutions. 1063c. Reporting and audit requirements. (a) Recordkeeping. (b) Repayment of unexpended funds. PART C - CHALLENGE GRANTS FOR INSTITUTIONS ELIGIBLE FOR ASSISTANCE UNDER PART A OR PART B 1064. Establishment of challenge grant program. (a) General authorization; eligibility. (b) Uses of funds. (c) Duration of grant. (d) Contents of applications. (e) Notice of approval. (f) Preference. 1065. Endowment challenge grants. (a) Purpose; definitions. (b) Grants authorized. (c) Grant agreement; endowment fund provisions. (d) Repayment provisions. (e) Audit information. (f) Selection criteria. (g) Application. (h) Termination and recovery provisions. PART D - GENERAL PROVISIONS 1066. Applications for assistance. (a) Application required; approval. (b) Contents. (c) Priority criteria publication required. (d) Eligibility data. 1067. Waiver authority and reporting requirement. (a) Waiver requirements; need-based assistance students. (b) Waiver determinations; expenditures. 1068. Application review process. (a) Review panel. (b) Recommendations of panel. (c) Notification. 1069. Cooperative arrangements. (a) General authority. (b) Priority. (c) Duration. 1069a. Special payments rules. (a) Historically Black college payments rule. (b) Other institutions special payment rule. (c) Special rule for unobligated part A and part B funds. 1069b. Assistance to institutions under other programs. (a) Assistance eligibility. (b) Waiver applicability. (c) Limitation. 1069c. Limitations. 1069d. Penalties. 1069e. Challenge Grant application required. 1069f. Authorization of appropriations. (a) Authorizations. (b) Use of multiple year awards. (c) Reservations. (d) Ratable reduction in fiscal years in which amounts appropriated are insufficient. SUBCHAPTER IV - STUDENT ASSISTANCE PART A - GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION 1070. Statement of purpose; program authorization. (a) Purpose. (b) Secretary required to carry out purposes. SUBPART 1 - BASIC EDUCATIONAL OPPORTUNITY GRANTS 1070a. Basic educational opportunity grants: amount and determinations; applications. (a) Program authority and method of distribution. (b) Purpose and amount of grants. (c) Period of eligibility for grants. (d) Applications for grants. (e) Distribution of grants to students. (f) Calculation of eligibility. (g) Adjustments for insufficient appropriations. (h) Use of excess funds. (i) Noncontractor status of institutions. 1070a-1. Family contribution schedule for Pell Grants; data elements. (a) General rule for determination of expected family contribution. (b) Exclusion of forced sale proceeds. 1070a-2. Eligibility determination for dependent students. (a) Computation of student aid index. (b) Contribution from parents' income and assets. (c) Standard contribution from parents' income. (d) Determination of effective family income. (e) Total offsets against income. (f) Assessment of discretionary income. (g) Contribution from parents' assets. (h) Contribution from student's (and spouse's) income. (i) Determination of student's (and spouse's) effective income. (j) Total offsets against student's (and spouse's) income. (k) Assessment of student's (and spouse's) income. (l) Determination of contribution from student's (and spouse's) assets. 1070a-3. Eligibility determination for independent students with dependents other than a spouse. (a) Computation of student aid index. (b) Computing the standard contribution from student's (and spouse's) income. (c) Determination of discretionary income. (d) Total offsets against income. (e) Assessment of discretionary income. (f) Contribution from student's (and spouse's) assets. 1070a-4. Eligibility determination for single independent students or for married independent students without other dependents. (a) Computation of student aid index. (b) Computing the standard contribution from student's (and spouse's) income. (c) Determination of effective family income. (d) Total offsets against income. (e) Assessment of discretionary income. (f) Contribution from student's (and spouse's) assets. 1070a-5. Regulations; updated tables. (a) Authority to prescribe regulations restricted. (b) Provisions governing updated tables. 1070a-6. Definitions; determinations. SUBPART 2 - SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS 1070b. Purpose; appropriations authorized. (a) Purpose of subpart. (b) Authorization of appropriations. 1070b-1. Amount and duration of grants. (a) Amount of grant. (b) Period for receipt of grants; continuing eligibility. (c) Distribution of grant during academic year. 1070b-2. Agreements with institutions; selection of recipients. (a) Institutional eligibility. (b) Eligibility for selection. (c) Selection of individuals and determination of amount of awards. (d) Use of funds for less-than-full-time students. (e) Use and transfer of funds for administrative expenses. 1070b-3. Allocation of funds. (a) Allocation based on previous allocation. (b) Allocation of excess based on pro rata share. (c) Allocation of excess based on fair share. (d) Determination of institution's need. (e) Reallocation of excess allocations. (f) Filing deadlines. SUBPART 3 - GRANTS TO STATES FOR STATE STUDENT INCENTIVES 1070c. Purpose; appropriations authorized. (a) Purpose of subpart. (b) Authorization of appropriations; availability. 1070c-1. Allotment among States. (a) Allotment based on number of eligible students in attendance. (b) Reallotment. (c) Allotments subject to continuing compliance. 1070c-2. Applications for State student incentive grant programs. (a) Submission and contents of applications. (b) Payment of Federal share of grants made by qualified program. (c) Reservation and disbursement of allotments and reallotments. 1070c-3. Administration of State programs; judicial review. (a) Disapproval of applications; suspension of eligibility. (b) Review of decisions. 1070c-4. 'Community service' defined. SUBPART 4 - SPECIAL PROGRAMS FOR STUDENTS FROM DISADVANTAGED BACKGROUNDS 1070d. Program authority; authorization of appropriations. (a) Grants and contracts authorized. (b) Eligible grant and contract recipients. (c) Authorization of appropriations. (d) Definitions. 1070d-1. Talent search. (a) Program authority. (b) Tutorial services. (c) Requirements for approval of applications. 1070d-1a. Upward bound program. (a) Program authority. (b) Permissible services. (c) Requirements for approval of applications. (d) Maximum stipends. 1070d-1b. Student support services. (a) Program authority. (b) Permissible services. (c) Requirements for approval of applications. (d) Ronald E. McNair Post-Baccalaureate Achievement Program. 1070d-1c. Educational opportunity centers. (a) Program authority; services provided. (b) Tutorial and counseling services. (c) Requirements for approval of applications. 1070d-1d. Staff development activities. SUBPART 5 - SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK 1070d-2. Maintenance and expansion of existing programs. (a) Program authority. (b) Services provided by high school equivalency program. (c) Services provided by college assistance migrant program. (d) Management plan required. (e) Three-year grant period; consideration of prior experience. (f) Minimum allocations. (g) Authorization of appropriations. SUBPART 6 - ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM 1070d-31. Statement of purpose. 1070d-32. Definitions. 1070d-33. Scholarships authorized. (a) Program authority. (b) Period of award. (c) Use at any institution permitted. (d) Byrd Scholars. 1070d-34. Allocation among States. 1070d-35. Agreements. 1070d-36. Eligibility of scholars. (a) High school graduation or equivalent and admission to institution required. (b) Selection based on promise of academic achievement. 1070d-37. Selection of scholars. (a) Establishment of criteria. (b) Adoption of procedures. (c) Consultation requirement. 1070d-38. Stipends and scholarship conditions. (a) Amount of award. (b) Use of award. 1070d-39. Awards ceremony. (a) Local ceremony. (b) Timing of selection. 1070d-40. Construction of needs provisions. 1070d-41. Authorization of appropriations. SUBPART 7 - ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION 1070e. Payments to institutions of higher education. (a) Cost of education payments. (b) Computation of amount. (c) Applications; contents and manner of filing. (d) Apportionment of appropriations. (e) Limitation on appropriations. 1070e-1. Veterans education outreach program. (a) Authorization of appropriations. (b) Size and duration of awards. (c) Eligibility for awards. (d) Coordination of programs. (e) Administration of program. (f) Dissemination of information. SUBPART 8 - SPECIAL CHILD CARE SERVICES FOR DISADVANTAGED COLLEGE STUDENTS 1070f. Special child care services for disadvantaged college students. (a) Program authority. (b) Applications. (c) Authorization of appropriations. (d) 'Low-income individual' defined. PART B - ROBERT T. STAFFORD STUDENT LOAN PROGRAM 1071. Statement of purpose; nondiscrimination; and appropriations authorized. (a) Purpose; discrimination prohibited. (b) Authorization of appropriations. (c) Robert B. Stafford Student Loan Program. 1072. Advances for reserve funds of State and nonprofit private loan insurance programs. (a) Purpose of and authority for advances to reserve funds. (b) Limitations on total advances. (c) Advances for insurance obligations. (d) Recovery of advances during fiscal years 1988 and 1989. 1073. Effects of adequate non-Federal programs. (a) Federal insurance barred to lenders with access to State or private insurance. (b) Exceptions. 1074. Scope and duration of Federal loan insurance program. (a) Limitations on amounts of loans covered by Federal insurance. (b) Apportionment of amounts. 1075. Limitations on individual federally insured loans and on Federal loan insurance. (a) Annual and aggregate limits. (b) Level of insurance coverage based on default rate. 1076. Sources of funds. 1077. Eligibility of student borrowers and terms of federally insured student loans. (a) List of requirements. (b) Special rules for multiple disbursement. (c) Minimum repayment rate. 1077a. Applicable interest rates. (a) Rates to be consistent for borrower's entire debt. (b) Reduction for new borrowers after decline in Treasury bill rates. (c) Rates for supplemental loans for students and loans for parents. (d) Interest rates for new borrowers after July 1, 1988. (e) Treatment of excess interest payments on new borrower accounts resulting from decline in Treasury bill rates. (f) Lesser rates permitted. (g) Definitions. 1078. Federal payments to reduce student interest costs. (a) Federal interest subsidies. (b) Insurance program agreements to qualify loans for interest subsidies. (c) Guaranty agreements for reimbursing losses. (d) Usury laws inapplicable. (e) Payments for lender referral services. (f) Payments of certain costs. (g) Action on insurance program and guaranty agreements. (h) Lending by guaranty agencies. (i) Multiple disbursement of loans. (j) Lenders-of-last-resort. (k) Information on defaults. (l) Preclaims assistance and supplemental preclaims assistance. 1078-1. Supplemental loans for students. (a) Authority to borrow. (b) Limitations on amounts of loans. (c) Payment of principal and interest. (d) Refinancing. 1078-2. PLUS loans. (a) Authority to borrow. (b) Limitations on amounts of loans. (c) Payment of principal and interest. (d) Refinancing. 1078-3. Consolidation loans. (a) Agreements with eligible lenders. (b) Contents of agreements, certificates of insurance, and loan notes. (c) Payment of principal and interest. (d) Termination of authority. 1078-4. Commingling of funds. 1078-5. State garnishment law requirements. (a) Requirements for additional cost payments. (b) Hearing requirements. (c) Notice requirements. (d) 'Disposable pay' defined. 1078-6. Default reduction program. (a) Program requirements. (b) Other repayment incentives. 1078-7. Requirements for disbursement of student loans. (a) Multiple disbursement required. (b) Disbursement and endorsement requirements. (c) Method of multiple disbursement. (d) Withholding of second disbursement. (e) Exclusion of PLUS, consolidation, and foreign study loans. (f) Beginning of period of enrollment. 1079. Certificate of Federal loan insurance - effective date of insurance. (a) Loan-by-loan insurance. (b) Comprehensive insurance coverage certificate. (c) Charges for Federal insurance. (d) Assignability of insurance. (e) Consolidation not to affect insurance. 1080. Default of student under Federal loan insurance program. (a) Notice to Secretary and payment of loss. (b) Effect of payment of loss. (c) Forbearance not precluded. (d) Care and diligence required of holders. 1080a. Reports to credit bureaus and institutions of higher education. (a) Agreements to exchange information. (b) Additional information. (c) Contents of agreements. (d) Contractor status of participants. (e) Disclosure to institutions. (f) Duration of authority. 1081. Insurance fund. (a) Establishment. (b) Borrowing authority. 1082. Legal powers and responsibilities. (a) General powers. (b) Financial operations responsibilities. (c) Data collection. (d) Delegation. (e) Use of information on borrowers. (f) Audit of financial transactions. (g) Civil penalties. (h) Authority of the Secretary to impose and enforce limitations, suspensions, and terminations. (i) Authority to sell defaulted loans. (j) Authority of Secretary to take emergency actions against lenders. 1083. Student loan information by eligible lenders. (a) Required disclosure before disbursement. (b) Required disclosure before repayment. (c) Cost of disclosure and consequences of nondisclosure. (d) Separate statement. 1084. Participation by Federal credit unions in Federal, State, and private student loan insurance programs. 1085. Definitions for student loan insurance program. (a) Eligible institution. (b) Institution of higher education. (c) Vocational school. (d) Eligible lender. (e) Line of credit. (f) Due diligence. (g) Temporarily totally disabled. (h) Parental leave. (i) Holder. (j) Guaranty agency. (k) Insurance beneficiary. (l) Default. (m) Cohort default rate. (n) Impact of loss of accreditation. 1086. District of Columbia student loan insurance program. (a) Authority. (b) Binding effect on minors. (c) Appropriations authorized. 1087. Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers. (a) Repayment in full. (b) Repayment of amount discharged. 1087-1. Special allowances. (a) Findings. (b) Computation and payment. (c) Origination fees. (d) Lending from proceeds of tax exempt obligations. (e) Regulations to prevent denial of loans to eligible students. 1087-2. Student Loan Marketing Association. (a) Purpose. (b) Establishment. (c) Board of Directors. (d) Authority of Association. (e) Advances to lenders that do not discriminate. (f) Stock of the Association. (g) Preferred stock. (h) Debt obligations. (i) General corporate powers. (j) Accounting, auditing, and reporting. (k) Report on audits by Treasury. (l) Lawful investment instruments; effect of and exemptions from other laws. (m) Preparation of obligations. (n) Report on operations and activities. (o) Loan consolidations. (p) Advances for direct loans by guaranty agencies. (q) Lender of last resort. PART C - INCOME CONTINGENT DIRECT LOAN DEMONSTRATION PROJECT 1087a. Statement of purpose. 1087b. Demonstration project authorized. (a) General authority. (b) Authorization of appropriations. (c) Allotment; maximum number of grants. 1087c. Agreements with institutions of higher education. 1087d. Terms of loan under pilot program. (a) Conditions, limitations, and requirements. (b) Authority of Secretary to prescribe other terms. 1087e. Feasibility study. (a) Study. (b) Report. PART D - DIRECT LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER EDUCATION 1087aa. Appropriations authorized. (a) Program authority. (b) Authorization of appropriations. (c) Use of appropriations. 1087bb. Allocation of funds. (a) Allocation based on previous allocation. (b) Allocation of excess based on pro rata share. (c) Allocation of excess based on share of excess eligible amounts. (d) Determination of institution's self-help need. (e) Anticipated collections. (f) Default penalty. (g) Applicable maximum default rate. (h) Definition of default rate. (i) Filing deadlines. (j) Reallocation of excess allocations. 1087cc. Agreements with institutions of higher education. (a) Contents of agreements. (b) Administrative expenses. (c) Cooperative agreements with credit bureau organizations. 1087cc-1. Student loan information by eligible institutions. (a) Disclosure required prior to disbursement. (b) Disclosure required prior to repayment. (c) Costs and effects of disclosures. 1087dd. Terms of loans. (a) Terms and conditions. (b) Demonstration of need and eligibility required. (c) Contents of loan agreement. (d) Availability of loan fund to all eligible students. 1087ee. Cancellation of loans for certain public service. (a) Cancellation of percentage of debt based on years of qualifying service. (b) Reimbursement for cancellation. 1087ff. Distribution of assets from student loan funds. (a) In general. (b) Distribution of late collections. (c) Distribution of excess capital. 1087gg. Collection of defaulted loans. (a) Authority of Secretary to collect referred, transferred, or assigned loans. (b) Collection of referred, transferred, or assigned loans. 1087hh. General authority of Secretary. PART E - NEED ANALYSIS 1087kk. Amount of need. 1087ll. Cost of attendance. 1087mm. Family contribution. 1087nn. Data elements used in determining expected family contribution. 1087oo. Family contribution for dependent students. (a) Computation of expected family contribution. (b) Parents' contribution from adjusted available income. (c) Parents' available income. (d) Parents' income supplemental amount from assets. (e) Assessment schedule. (f) Computations in case of separation, divorce, remarriage, or death. (g) Student contribution from available income. (h) Student (and spouse) income supplemental amount from assets. (i) Adjustments for enrollment periods other than 9 months. 1087pp. Family contribution for independent students without dependents. (a) Computation of expected family contribution. (b) Student's contribution from income. (c) Student's income supplemental amount from assets. 1087qq. Family contribution for independent students with dependents. (a) Computation of expected family contribution. (b) Family's available income. (c) Family's income supplemental amount from assets. (d) Assessment schedule. 1087rr. Regulations; updated tables. (a) Authority to prescribe regulations restricted. (b) Standard maintenance allowance. (c) Adjusted net worth of a farm or business. (d) Asset protection allowance. (e) Assessment schedules and rates. (f) 'Consumer Price Index' defined. 1087ss. Simplified needs test. (a) Applicable to all title IV programs. (b) Elements in tests. (c) Simplified application form. 1087tt. Discretion of student financial aid administrators. (a) In general. (b) Adjustments to assets taken into account. (c) Asset adjustment as example. 1087uu. Student assistance and other Federal programs. (a) Attendance costs not treated as income or resources. (b) Attendance costs. 1087uu-1. Native American students. 1087vv. Definitions. (a) Total income. (b) Untaxed income and benefits of parents and independent students with dependents. (c) Untaxed income and benefits of dependent students or independent students without dependents. (d) Independent student. (e) Displaced homemaker. (f) Excludable income. (g) Assets. (h) Net assets. (i) Treatment of income taxes paid to other jurisdictions. PART F - GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS 1088. Definitions. (a) Institution of higher education. (b) Proprietary institution of higher education. (c) Post secondary vocational institution. (d) Academic year. (e) Impact of loss of accreditation. 1089. Master calendar. (a) Secretary required to comply with schedule. (b) Timing for reallocations. (c) Delay of effective date of late publications. (d) Notice to Congress. 1090. Forms and regulations. (a) Common financial aid form and processing. (b) Certification of capability. (c) Information to committees of Congress. (d) Information on eligibility for assistance. (e) Toll-free information. (f) Notice of student aid receipt. 1091. Student eligibility. (a) In general. (b) Eligibility for student loans. (c) Satisfactory progress. (d) Ability to benefit. (e) Certification for GSL eligibility. (f) Verification limitations. (g) Loss of eligiblity for violation of loan limits. (h) Immigration status verification required. (i) Limitations of enforcement actions against institutions. (j) Validity of loan guarantees for loan payments made before immigration status verification completed. 1091a. Statute of limitations. (a) In general. (b) Assessment of costs and other charges. 1092. Institutional and financial assistance information for students. (a) Information dissemination activities. (b) Exit counseling for borrowers. (c) Financial assistance information personnel. (d) Departmental publication of descriptions of assistance programs. (e) Disclosures required with respect to athletically related student aid. (f) Disclosure of campus security policy and campus crime statistics. 1092a. Combined payment plan. (a) Eligibility for plan. (b) Applicability of other requirements. (c) Lender eligibility. (d) Borrower selection of competing offers. (e) Effect of plan. (f) Notes and insurance certificates. (g) Termination of borrower eligibility. (h) Fees and premiums. (i) Commencement of repayment. 1092b. National Student Loan Data System. (a) Development of System. (b) Additional information. (c) Verification. (d) Report to Congress. 1093. Training in financial aid and student support services. (a) Program authority. (b) Use of funds. (c) Authorization of appropriations. 1094. Program participation agreements. (a) Required for programs of assistance; contents. (b) Hearings. (c) Audits; financial responsibility; enforcement of standards. (d) 'Eligible institution' defined. 1095. Transfer of allotments. 1096. Administrative expenses. (a) Amount of payments. (b) Purpose of payments. 1097. Criminal penalties. (a) In general. (b) Assignment of loans. (c) Inducements to lend or assign. (d) Obstruction of justice. 1098. Advisory Committee on Student Financial Assistance. (a) Establishment and purpose. (b) Independence of Advisory Committee. (c) Membership. (d) Functions of the Committee. (e) Operations of the Committee. (f) Submission to Department for comment. (g) Compensation and expenses. (h) Personnel and resources. (i) Availability of funds. (j) Special institutional lender study. 1099. Exemption from State disclosure requirements. SUBCHAPTER V - EDUCATOR RECRUITMENT, RETENTION, AND DEVELOPMENT 1101. Statement of purpose; applicability. 1101a. Authorization of appropriations. (a) Mid-career teacher training programs. (b) School, college, and university partnerships. (c) Professional development and leadership programs. (d) Teacher scholarships and fellowships. (e) Task forces on teacher education. PART A - MIDCAREER TEACHER TRAINING FOR NONTRADITIONAL STUDENTS 1103. Statement of purpose. 1103a. Selection procedures. 1103b. Applications. (a) Contents of applications. (b) Review of applications. 1103c. Amount of grants. 1103d. Reports and information. PART B - SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS 1105. Purpose. 1105a. Partnership agreement. (a) Partnership agreement. (b) Contents of agreement. 1105b. Grants. (a) Division between school-year and summer programs. (b) Amount and use of grants. (c) Preferences. 1105c. Application for grants. (a) Application required. (b) Contents of application. 1105d. Community college pilot project. (a) Program authorized. (b) Partnership agreements. (c) Amount and use of grants. (d) Application. (e) Award of grants. (f) Eligible institutions. (g) Reports and information. PART C - PROFESSIONAL DEVELOPMENT AND LEADERSHIP PROGRAMS SUBPART 1 - PROFESSIONAL DEVELOPMENT RESOURCE CENTERS 1107. Program authority and purpose. (a) Authority. (b) Purpose. 1107a. Geographical distribution of grants. 1107b. Grant requirements. (a) Eligible applicants. (b) 'Professional development resource centers' defined. (c) Use of funds. 1107c. Professional development policy board. 1107d. Submission and approval of applications. (a) Submission. (b) Minimum requirements. (c) Selection procedures. (d) Subcontracting. (e) Reservation for direct expenditures. SUBPART 2 - LEADERSHIP IN EDUCATIONAL ADMINISTRATION DEVELOPMENT 1109. Purpose; intention; regulations. (a) Purpose. (b) Intention. (c) Regulations. 1109a. Allocation of appropriations. 1109b. Technical assistance centers. (a) Eligible grants recipients. (b) Grant requirements. (c) Selection of grantees. 1109c. General criteria for grants. (a) Grant requirements. (b) Duration of grant. 1109d. Definitions. PART D - TEACHER SCHOLARSHIPS AND FELLOWSHIPS SUBPART 1 - CONGRESSIONAL TEACHER SCHOLARSHIP PROGRAMS 1111. Purpose. (a) Purpose. (b) Designation. 1111a. Allocation among States. (a) Per capita allocation. (b) Use of census data. 1111b. Grant applications. (a) Submission of applications. (b) Content of applications. (c) Selection criteria and procedures. (d) Solicitation of views on selection criteria and procedures. 1111c. Amount and duration of and relation to other assistance. (a) Limitations on amount and duration. (b) Consideration of award in other programs. (c) Assistance not to exceed need. (d) Assistance not to exceed cost of attendance. 1111d. Selection of Congressional Teacher Scholars. (a) Selection by statewide panels. (b) Eligibility for selection; selection criteria and procedures. 1111e. Scholarship conditions. 1111f. Scholarship repayment provisions. 1111g. Exceptions to repayment provisions. (a) Deferral during certain periods. (b) Forgiveness if permanently totally disabled. 1111h. Federal administration of State programs; judicial review. (a) Disapproval hearing required. (b) Suspension of eligibility. (c) Court review. SUBPART 2 - CHRISTA MC AULIFFE FELLOWSHIP PROGRAM 1113. Declaration of purpose; designation. (a) Purpose. (b) Designation. 1113a. Use of funds for fellowships and administration. 1113b. Christa McAuliffe fellowships. (a) Award distribution and amounts. (b) Use of awards. 1113c. Selection of Christa McAuliffe teacher fellowships. 1113d. Evaluation of applications. (a) Submission to and review by statewide panel. (b) Public announcement. 1113e. Fellowship repayment provisions. PART E - STATE TASK FORCES ON TEACHER TRAINING 1115. State task forces on teacher training. (a) In general. (b) Task force. (c) Membership of task force. (d) Alternative membership. (e) Long-range planning. (f) Disposition of funds to States. (g) State applications. SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS PART A - INTERNATIONAL AND FOREIGN LANGUAGE STUDIES 1121. Findings and purposes. 1122. Graduate and undergraduate language and area centers. (a) Grant authority. (b) Stipends and allowances. (c) Travel expenses. 1123. Language resource centers. 1124. Undergraduate international studies and foreign language programs. (a) Grant authority; projects and activities. (b) Model programs; applications for grants; eligible institutions; computation of total number of students; criteria; annual report. (c) Nonprofit agencies and organizations. 1124a. Intensive summer language institutes. 1125. Research; studies; annual report. (a) Research and studies. (b) Annual report. 1125a. Periodicals published outside the United States. (a) Additional authorization of appropriations. (b) Grant purposes. (c) Approval of grant recipients. (d) Copyrights. 1125b. Selection of grant recipients. (a) Basis for awards. (b) Excellence in meeting objectives. (c) Equitable distribution of assistance. 1126. Equitable distribution of funds. (a) Excellence as criterion. (b) Equitable distribution within criterion of excellence. 1127. Authorization of appropriations. PART B - BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS 1130. Congressional findings and declaration of purposes. 1130-1. Centers for international business education. (a) Grants for establishing and operating centers; purposes. (b) Costs covered by Federal share. (c) Scope of programs and activities. (d) Center advisory council; functions, membership, etc. (e) Duration of grants; allotment of Federal and non-Federal shares. (f) Conditions for grants. 1130a. Education and training programs. (a) Grant and contract authority. (b) Eligible activities. (c) Application for grant or contract. (d) Federal share. 1130b. Authorization of appropriations. PART C - GENERAL PROVISIONS 1131. Repealed. 1132. Definitions. SUBCHAPTER VII - CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF ACADEMIC FACILITIES 1132a. Purposes. (a) In general. (b) Priority on renovation. 1132a-1. Appropriations authorized. (a) Parts A and B. (b) Other programs. PART A - GRANTS FOR THE CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF UNDERGRADUATE ACADEMIC FACILITIES 1132b. State plan. (a) Submission and contents of plan. (b) Hearing required before disapproval. (c) Suspension for noncompliance. 1132b-1. Basic criteria. (a) Secretary to prescribe criteria. (b) Rulemaking procedures required. 1132b-2. Allotment of funds. (a) Use for public community colleges and technical institutes; others. (b) Allotment for public community colleges and technical institutes. (c) Allotment for other institutions. (d) Aggregate limits and ratable reductions. (e) Reallocation. (f) Use for construction, reconstruction, renovation. (g) Use for maintenance. PART B - GRANTS FOR CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF GRADUATE ACADEMIC FACILITIES 1132c. Grants. (a) Grant to institutions; State limitation. (b) Peer review required. (c) Cost limitations. (d) Use for maintenance. PART C - LOANS FOR CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF ACADEMIC FACILITIES 1132d. Eligibility conditions, amounts, and terms. (a) Selection of recipients. (b) Terms of loans. (c) Use for maintenance. 1132d-1. General provisions for loan program. (a) Conclusiveness of Secretary's transactions. (b) General authority. (c) Computation of allowable discounts. (d) Nondiscrimination between borrowers in offering discounted prepayment. 1132d-2. Revolving loan fund. (a) Establishment. (b) Management of fund. PART D - GRANTS TO PAY INTEREST ON DEBT 1132e. Annual interest grants. (a) Grant authority. (b) Limits on grants. (c) State allocation limits. (d) Requirements for grants. PART E - COLLEGE CONSTRUCTION LOAN INSURANCE ASSOCIATION 1132f. Congressional declaration of purpose; definition; incorporation. (a) Purpose. (b) Status as non-governmental entity. (c) Corporate powers and limitations. (d) 'Education facilities purpose' defined. 1132f-1. Criteria for guarantees and insurance. (a) General rule. (b) Allocation of reinsurance capacity. (c) Direct insurance and guarantee activities; limitations. (d) Notice of services. (e) Nondiscrimination required. 1132f-2. Process of organization. 1132f-3. Operation and election of Board of Directors. (a) In general. (b) Cumulative voting. 1132f-4. Initial capital. (a) Authority to issue common stock. (b) Subscription by Secretary. (c) Subscription by Association. (d) Annual issuance. 1132f-5. Issue of nonvoting stock and debt to public. 1132f-6. Obligations not federally guaranteed; no Federal priority. 1132f-7. Authority of Secretary to sell common stock; right of first refusal. (a) Authority to sell. (b) Purchase price. (c) Board of Directors elected after majority buy-out. (d) Right of first refusal to Association. (e) Authority of Association with respect to Corporation. 1132f-8. Use of stock sale proceeds. 1132f-9. Audits; reports to President and Congress. (a) Accounting. (b) Reports. PART F - HOUSING AND OTHER EDUCATIONAL FACILITIES LOANS 1132g. Federal assistance in form of loans. (a) Authority and conditions for loans. (b) Use of loans for previously made contracts. (c) Amount and conditions of loans. (d) Use of funds from title IV of Housing Act of 1950. (e) Use of funds. (f) Appropriation to cover notes and obligations not covered by loan repayment. 1132g-1. General provisions. (a) Budget and accounting. (b) Use of funds. (c) Legal powers. (d) Computation of allowable discounts. (e) Nondiscrimination between borrowers in offering discounted prepayment. (f) Contracts for supplies or services. (g) Applicability of Government Corporation Control Act. (h) Wage rates. (i) Limitation. 1132g-2. Apportionment; priorities. (a) Apportionment. (b) Priorities. 1132g-3. Definitions. (a) Housing. (b) Educational institution. (c) Undergraduate academic facilities. (d) Development cost. (e) Faculties. (f) Other educational facilities. PART G - SPECIAL PROGRAMS 1132h. Welch Hall. (a) Program authority. (b) Application. (c) Authorization of appropriations. 1132h-1. Academic Health Education Center authorized. (a) Assistance authorized. (b) Terms and conditions. (c) Authorization of appropriations. 1132h-2. Estey Hall. (a) Program authority. (b) Application. (c) Authorization of appropriations. 1132h-3. Electronic instructional network for gifted and talented students. (a) Assistance authorized. (b) Application. (c) Authorization of appropriations. 1132h-4. Mary McLeod Bethune Memorial Fine Arts Center. (a) General authority. (b) Application. (c) Uses. (d) Authorization of appropriations. 1132h-5. University of Connecticut Behavioral Science Facility. (a) General authority. (b) Application. (c) Authorization of appropriations. 1132h-6. University of Rhode Island business administration program. (a) General authority. (b) Application. (c) Authorization of appropriations. PART H - GENERAL 1132i. Recovery of payments. (a) Public benefit. (b) Recovery upon cessation of public benefit. (c) Prohibition on use for religion. 1132i-1. Definitions. 1132i-2. Sales of obligations required. PART I - AGRICULTURE, STRATEGIC METALS, MINERALS, FORESTRY AND OCEANS COLLEGE AND UNIVERSITY RESEARCH FACILITIES AND INSTRUMENTATION MODERNIZATION PROGRAM 1132j. Program authority. (a) Purpose. (b) Financial assistance authorized. (c) Program requirements. (d) Matching requirements. (e) Selection criteria. (f) Set-aside. (g) Consultations for rulemaking. (h) Authorization of appropriations. SUBCHAPTER VIII - COOPERATIVE EDUCATION 1133. Appropriations authorized; reservations. (a) Appropriations authorized. (b) Reservations. (c) Availability of appropriations. 1133a. Grants for cooperative education programs. (a) Grants authorized; maximum amount of grant. (b) Applications. (c) Duration of grants; Federal share. (d) Factors for special consideration of applications. 1133b. Demonstration and innovation projects; training and resource centers; and research. (a) Authorization. (b) Administrative provision. (c) Supplement not supplant. SUBCHAPTER IX - GRADUATE PROGRAMS PART A - GRANTS TO INSTITUTIONS TO ENCOURAGE MINORITY PARTICIPATION IN GRADUATE EDUCATION 1134. Program authorized. 1134a. Submission and contents of applications. (a) Required information. (b) Selection requirements. 1134b. Use of funds. PART B - PATRICIA ROBERTS HARRIS FELLOWSHIPS 1134d. Statement of purpose; designation of awards. (a) Purpose. (b) Designation. 1134e. Program authorized. (a) Grants by Secretary. (b) Distribution and amounts of grants. (c) Applications. (d) Selection of applications. (e) Priorities for fellowships. (f) Institutional payments. (g) Use for religious purposes prohibited. 1134f. Award of fellowships. (a) Awards based on need. (b) Requirements for award. PART C - JACOB K. JAVITS FELLOWS PROGRAM 1134h. Award of Jacob K. Javits Fellowships. (a) Number and timing of awards. (b) Designation of fellows. (c) Interruptions of study. 1134i. Allocation of fellowships. (a) Fellowship Board. (b) Use of selection panels. (c) Fellowship portability. 1134j. Stipends. (a) Award by Secretary. (b) Institutional payments. 1134k. Fellowship conditions. (a) Requirements for receipt. (b) Reports from recipients. PART D - GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED 1134l. Purpose. 1134m. Grants to academic departments and programs of institutions. (a) Grant authority. (b) Award and duration of grants. (c) Preference to continuing grant recipients. 1134n. Institutional eligibility. (a) Eligibility criteria. (b) Designation of areas of national need. 1134o. Criteria for applications. (a) Selection of applications. (b) Contents of applications. 1134p. Awards to graduate students. (a) Commitments to graduate students. (b) Amount of stipends. (c) Academic progress required. 1134q. Additional assistance for cost of education. (a) Use for tuition and fees. (b) Use for overhead prohibited. PART E - ASSISTANCE FOR TRAINING IN THE LEGAL PROFESSION 1134r. Program authorized. (a) Grants and contracts. (b) Use of funds. PART F - LAW SCHOOL CLINICAL EXPERIENCE PROGRAMS 1134s. Program authorization. (a) Grant and contract purposes. (b) Use of funds. (c) Limitations on amounts. (d) 'Accredited law school' defined. 1134t. Applications. (a) Requirements. (b) Distribution of grants and contracts. PART G - AUTHORIZATION OF APPROPRIATIONS 1134u. Amount and duration of authorization. (a) Part A. (b) Part B. (c) Part C. (d) Part D. (e) Part E. (f) Part F. (g) Limitation on appropriations for parts A and D. SUBCHAPTER X - POSTSECONDARY IMPROVEMENT PROGRAMS PART A - FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION 1135. Authorization of program. 1135a. Consultation. 1135a-1. National Board of the Fund for the Improvement of Postsecondary Education. (a) Establishment. (b) Chairman; membership. (c) Functions. (d) Information and assistance. 1135a-2. Administrative provisions. (a) Appointment of technical employees. (b) Review and evaluation procedures. 1135a-3. Authorization of appropriations. PART B - MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAMS SUBPART 1 - MINORITY SCIENCE IMPROVEMENT PROGRAM 1135b. Purpose; authority. (a) Congressional declaration of purpose. (b) Grant authority. 1135b-1. Grant recipient selection. (a) Establishment of criteria. (b) Priorities to be given in criteria. (c) Required criteria. 1135b-2. Use of funds. (a) Types of grants. (b) Authorized uses for each type of grant. 1135b-3. Administration. SUBPART 2 - SCIENCE AND ENGINEERING ACCESS PROGRAMS 1135c. Minority support in science and engineering programs. 1135c-1. Special service projects program. 1135c-2. Supportable activities. SUBPART 3 - ADMINISTRATIVE AND GENERAL PROVISIONS 1135d. Eligibility for grants. 1135d-1. Grant application. (a) Submission and contents of applications. (b) Approval based on likelihood of progress. 1135d-2. Cross program and cross agency cooperation. 1135d-3. Administrative provisions. (a) Technical staff. (b) Procedures for grant review. 1135d-4. Advisory provisions. (a) Advisory Board for the Minority Science and Engineering Improvement Programs. (b) Purposes of the Board. (c) Constitution of Board. (d) Compensation of the Board. 1135d-5. Definitions. 1135d-6. Authorization of appropriations. (a) Authorizations. (b) Appropriation limitation. (c) Additional authorization. PART C - INNOVATIVE PROJECTS FOR COMMUNITY SERVICES AND STUDENT FINANCIAL INDEPENDENCE 1135e. Statement of purpose. 1135e-1. Innovative projects for community services and student financial independence. (a) General authority. (b) Applications. (c) Applicable procedures. 1135e-2. Authorization of appropriations. (a) Authorization. (b) Requisite concurrent appropriations. SUBCHAPTER XI - PARTNERSHIPS FOR ECONOMIC DEVELOPMENT AND URBAN COMMUNITY SERVICE PART A - PARTNERSHIPS FOR ECONOMIC DEVELOPMENT 1136. Findings and purpose. (a) Findings. (b) Purpose. 1136a. Use of economic development funds. (a) Allowable activities. (b) Special projects authorized. (c) Dissemination projects. (d) Maximum grant. 1136b. Requirements for economic development grant applications. (a) Local involvement. (b) General conditions. (c) Special consideration. PART B - URBAN COMMUNITY SERVICE 1137. Purpose. 1137a. Use of urban community service funds. (a) Allowable activities. (b) Priority needs. 1137b. Contents for applications for urban community services projects. (a) Evaluation and selection of applications. (b) Selection priorities. PART C - GENERAL PROVISIONS 1138. Administrative provisions. (a) Peer review. (b) Duration of grants. (c) Geographic distribution. (d) Non-Federal match required. (e) Waiver of matching requirement. 1138a. Authorization of appropriations. 1138b. Definitions. PART D - WAGNER INSTITUTE OF URBAN PUBLIC POLICY 1139. Purpose; designation. 1139a. Application for and use of funds. (a) Application. (b) Use of funds. 1139b. Authorization of appropriations. SUBCHAPTER XII - GENERAL PROVISIONS 1141. Definitions. 1142. Antidiscrimination requirements for institutions of higher education receiving Federal assistance; exception. 1142a, 1142b. Repealed. 1143. Federal-State relationships; State agreements. (a) Agreements required between States and Secretary. (b) Terms and conditions of agreements. (c) Adequacy of information and assurances. (d) Modification of agreements; failure to comply. (e) Entities authorized to act on behalf of States. (f) 'Applicable program' defined. 1144. Federal control over education prohibited. 1144a. Treatment of territories and territorial student assistance. (a) Waiver of eligibility criteria. (b) Promulgation of regulations; adaptation or modification of programs to needs of territories. (c) Authorization of appropriations. 1145. National Advisory Committee on Accreditation and Institutional Eligibility. (a) Establishment; membership; Chairman. (b) Term of office. (c) Committee functions. (d) Meetings. (e) Annual report to Congress. (f) Termination. 1145a. Commission to study postsecondary institutional and programmatic recognition process. (a) Establishment. (b) Membership and composition. (c) Appointment of members; conditions; effect of vacancies; compensation and travel expenses of members. (d) Study of institutional and programmatic recognition process for eligibility determinations. (e) Submission of information by interested parties. (f) Narrative and statistical reports. (g) Additional reports. (h) Appointment, compensation and travel expenses of support personnel; office space, supplies and equipment; authority of Commission in conducting study; assistance, support and detail of personnel from other agencies; contracts, technical assistance etc. (i) Report and recommendations to Congressional committees. (j) Authorization of appropriations. 1145b. Student representation. 1145c. Financial responsibility of foreign students. 1145d. Disclosures of foreign gifts. (a) Disclosure reports. (b) Contents of reports. (c) Additional disclosures on receipt of restricted or conditional gifts or contracts. (d) Reports required by other laws; filing of copy with Secretary. (e) Public availability of reports. (f) Action to compel compliance; reimbursement of costs. (g) Promulgation of regulations. (h) Definitions. 1145d-1. Application of peer review process. 1145e. Aggregate limit of authorization of appropriations. 1145f. Technology transfer centers. (a) Appropriations; establishment and purposes of centers. (b) Awarding of financial assistance. (c) Operation of centers; establishment of affiliate centers. (d) Contents of application. (e) Operation of center by consortium; mechanism for assessing percentage of operating costs paid by members; definition. (f) Board; establishment, functions, and membership. (g) Awarding of grants; duration and renewal of grants; non-Federal sources of grants. (h) Funding and operation of affiliate center. (i) Regional centers; establishment and priorities. 1145g. Drug and alcohol abuse prevention. (a) Certification requirements. (b) Availability to Secretary and public of annual distributions and biennial reviews. (c) Regulations; sanctions. (d) Procedures applicable upon termination of financial assistance. 1146. Contract authority. 1146a. Contracting authority subject to appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1203a, 1206a, 1234i, 2397e, 3441 of this title; title 11 sections 362, 541; title 25 sections 13, 13d-2, 309b, 640c-2, 1809; title 26 sections 144, 150; title 38 section 246; title 42 section 294a. ------DocID 29024 Document 16 of 1452------ -CITE- 22 USC Sec. 277d-28 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-28. Authorization of appropriations -STATUTE- There is authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, not in excess of $300,000 for the initial cost of the work authorized in sections 277d-26 to 277d-28 of this title, and not to exceed $30,000 based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein, annually thereafter for necessary maintenance. -SOURCE- (Pub. L. 88-411, Sec. 3, Aug. 10, 1964, 78 Stat. 386; Pub. L. 93-126, Sec. 7(b), Oct. 18, 1973, 87 Stat. 452; Pub. L. 95-105, title V, Sec. 514(b), Aug. 17, 1977, 91 Stat. 862.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-105 inserted 'based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,' after '$30,000'. 1973 - Pub. L. 93-126 substituted '$30,000' for '$20,000'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-105 effective Oct. 1, 1977, see section 514(d) of Pub. L. 95-105, set out as a note under section 277d-3 of this title. ------DocID 30004 Document 17 of 1452------ -CITE- 22 USC CHAPTER 28 -EXPCITE- TITLE 22 CHAPTER 28 -HEAD- CHAPTER 28 - INTERNATIONAL ATOMIC ENERGY AGENCY PARTICIPATION -MISC1- Sec. 2021. Agency appointments by President. (a) Representative and deputy representative; terms; functions. (b) Specified sessions. (c) Designation of other persons. (d) Compensation; allowances and benefits. 2022. Purpose of participation; reports to Congress. 2023. Actions and votes of representatives. 2024. Authorization of appropriations for payment of expenses. 2025. Effect of employment on retirement, insurance, and other civil service rights and privileges. (a) Federal employees. (b) Presidential appointees or elected officers. (c) Regulations. 2026. Termination of authority and participation in Agency. -CROSS- CROSS REFERENCES Atomic Energy Act of 1954, see section 2011 et seq. of Title 42, The Public Health and Welfare. ------DocID 31506 Document 18 of 1452------ -CITE- 24 USC Sec. 26 to 28 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 26 to 28. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 26, acts Mar. 3, 1919, ch. 98, Sec. 1, 40 Stat. 1302; Aug. 9, 1921, ch. 57, Sec. 7, 42 Stat. 149; July 3, 1930, ch. 863, Sec. 1, 46 Stat. 1016, provided for additional hospital and sanatorium facilities. See sections 249, 251, and 253 of Title 42, The Public Health and Welfare, and section 763c of Title 33, Navigation and Navigable Waters. Section 26a, R.S. Sec. 4803; acts June 26, 1884, ch. 121, Sec. 15, 23 Stat. 57; Mar. 3, 1905, ch. 1484, Sec. 1, 33 Stat. 1217; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; 1939 Reorg. Plan No. I, Sec. 201, 205(b), eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425, provided for use of certain funds for the relief of sick and disabled seamen. See section 249 of Title 42, The Public Health and Welfare. Section 27, act Mar. 3, 1919, ch. 98, Sec. 2, 40 Stat. 1302, provided for transfer of hospitals to Treasury Department for the Public Health Service. See section 248 of Title 42. Section 28, acts Mar. 3, 1919, ch. 98, Sec. 3, 40 Stat. 1303; Mar. 4, 1921, ch. 156, 41 Stat. 1365, provided for transfer of property and equipment by Secretary of War to the Treasury Department for use of the Public Health Service. RENUMBERING OF REPEALING ACT For renumbering of act July 1, 1944, which repealed these sections, see note set out under sections 1, 2 of this title. ------DocID 31703 Document 19 of 1452------ -CITE- 25 USC Sec. 28 to 31 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 28 to 31. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 634 -MISC1- Section 28, R.S. Sec. 2056; act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 87, fixed term of office for Indian Agents. Section 29, R.S. Sec. 2057, provided for a bond by Indian Agents. Section 30, R.S. Sec. 2060, prescribed limits of residence of Indian Agents. Section 31, R.S. Sec. 2058, related to duties of Indian Agents. ------DocID 32428 Document 20 of 1452------ -CITE- 25 USC Sec. 640d-28 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-28. Life estates -STATUTE- (a) Omitted (b) Application for lease; contents; filing date; extension Any Navajo head of household who desires to do so may submit an application for a life estate lease to the Commissioner. Such application shall contain such information as the Commissioner may prescribe by regulation, such regulation to be promulgated by the Commissioner within ninety days of July 8, 1980. To be considered, such application must be filed with the Commissioner on or before April 1, 1981: Provided, That the Commissioner may, for good cause, grant an extension of one hundred and eighty days. (c) Application groupings Upon receipt of applications filed pursuant to this section, the Commissioner shall group them in the following order: (A) Applicants who are determined to be at least 50 per centum disabled as certified by a physician approved by the Commissioner. Such applicants shall be ranked in the order of the severity of their disability. (B) Applicants who are not at least 50 per centum disabled shall be ranked in order of their age with oldest listed first and the youngest listed last: Provided, That, if any applicant physically resides in quarter quad Nos. 78 NW, 77 NE, 77 NW, 55 SW, or 54 SE as designated on the Mediator's partition map, such applicant shall be given priority over another applicant of equal age. (C) Applicants who did not, as of December 22, 1974, and continuously thereafter, maintain a separate place of abode and actually remain domiciled on Hopi partitioned lands, and who, but for this subsection would be required to relocate, shall be rejected by the Commissioner. (D) Applicants who were not at least forty-nine years of age on December 22, 1974, or are not at least 50 per centum disabled, shall also be rejected by the Commissioner. (d) Number of leases; priorities The Commissioner shall have authority to award life estate leases to not more than one hundred and twenty applicants with first priority being given to applicants listed pursuant to subsection (c)(A) of this section and the next priority being given to the applicants listed pursuant to subsection (c)(B) of this section, in order of such listing. (e) Area; allowable livestock; assistance by Secretary in feeding livestock Each life estate lease shall consist of a fenced area not exceeding ninety acres of land which shall include the life tenant's present residence and may be used by the life tenant to feed not to exceed twenty-five sheep units per year or equivalent livestock. The Secretary, under existing authority, shall make available to life estate tenants such assistance during that tenure, as may be necessary to enable such tenant to feed such livestock at an adequate nutritional level. (f) Individuals permitted to reside; regulations No person may reside on a life estate other than the life tenant, his or her spouse, and minor dependents, and/or such persons who are necessarily present to provide for the care of the life tenant. The Commissioner shall promulgate regulations to carry out the intent of this subsection. (g) Termination The life estate tenure shall end by voluntary relinquishment, or at the death of the life tenant or the death of his or her spouse, whichever occurs last: Provided, That each survivorship right shall apply only to those persons who were lawfully married to each other on or before July 8, 1980. (h) Relocation benefits upon voluntary relinquishment; compensation upon death of life tenant or surviving spouse; relocation of dependents Nothing in this section shall be construed as prohibiting any such applicant who receives a life estate lease under this section from relinquishing, prior to its termination, such estate at any time and voluntarily relocating. Upon voluntary relinquishment of such estate, by such means or instrument as the Secretary shall prescribe, such applicant shall be entitled to relocation benefits from the Secretary comparable to those provided by section 640d-14 of this title. For life estates terminated by the death of the life tenant or his or her surviving spouse, compensation shall be paid to the estate of the deceased life tenant or surviving spouse based on the fair market value of the habitation and improvements at the time of the expiration of such tenure and not before. Such payment shall be in lieu of any other payment pursuant to subsection (a) of section 640d-14 of this title. Assistance provided pursuant to section 640d-14(b) of this title, shall be paid to any head of household lawfully residing on such life estate pursuant to subsection (f) of this section who is required to move by the termination of such life estate by the death of the life tenant and his or her surviving spouse and who does not maintain a residence elsewhere. Compensation under section 640d-14(a) of this title shall be paid and distributed in accordance with the last will and testament of the life tenant or surviving spouse or, in the event no valid last will and testament is left, compensation shall be paid and distributed to his or her heirs in accordance with existing Federal law. Upon termination of a life estate by whatever means, the dependents residing with the individuals having such life estate so terminated shall have ninety days following such termination within which to relocate. (i) Payment of fair market rental value The Secretary shall pay, on an annual basis, the fair market rental value of such life estate leases to the tribe to whom the lands leased were partitioned. (j) Improvements Nothing in this subchapter or any other law shall be construed to prevent a life tenant from making reasonable improvements on the life estate which are related to the residence and agricultural purposes of the life tenancy. (k) Additional leases for Hopi heads of household The Commissioner is authorized to grant not to exceed ten additional life estate leases to Hopi heads of household residing on Navajo-partitioned lands under such terms of this section as may be appropriate. -SOURCE- (Pub. L. 93-531, Sec. 30, as added Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat. 934, and amended Pub. L. 100-666, Sec. 4(b), Nov. 16, 1988, 102 Stat. 3930.) -COD- CODIFICATION Subsec. (a) provided for the repeal of section 640d-4(a)(4) of this title. -MISC3- AMENDMENTS 1988 - Subsecs. (b) to (d), (f), (k). Pub. L. 100-666 substituted 'Commissioner' for 'Commission' wherever appearing. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 640d-9, 640d-24 of this title. ------DocID 33407 Document 21 of 1452------ -CITE- 25 USC CHAPTER 28 -EXPCITE- TITLE 25 CHAPTER 28 -HEAD- CHAPTER 28 - INDIAN EDUCATION PROGRAM -MISC1- SUBCHAPTER I - FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF INDIAN CHILDREN Sec. 2601. Declaration of policy. 2602. Grants to local educational agencies. (a) In general. (b) Amount of grants. (c) Grants to schools that are not, or have not been, local educational agencies. (d) Grants for demonstration projects. 2603. Uses of Federal funds. 2604. Applications for grants; conditions for approval. (a) In general. (b) Approval of applications. (c) Amendments of applications. (d) Eligibility forms. (e) Auditing; penalties for false information. 2605. Payments. (a) In general. (b) Denial of payments if payments taken into account by State. (c) Reduction for failure to maintain fiscal effort. 2606. Authorization of appropriations; adjustments. (a) In general. (b) Reallocations. SUBCHAPTER II - SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 2621. Improvement of educational opportunities for Indian children. (a) In general. (b) Demonstration projects. (c) Services and programs to improve educational opportunities. (d) Training. (e) Grants for evaluation and technical assistance. (f) Applications for grants. (g) Authorization of appropriations. 2622. Special educational training programs for teachers of Indian children. (a) In general. (b) Fellowships and traineeships. (c) Authorization of appropriations. 2623. Fellowships for Indian students. (a) In general. (b) Stipends. (c) Payments to institutions in lieu of tuition. (d) Special rules. (e) Authorization of appropriations. 2624. Gifted and talented. (a) Establishment of centers. (b) Demonstration projects. (c) Additional grants. (d) Information network. (e) Authorization of appropriations. SUBCHAPTER III - SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS 2631. Improvement of educational opportunities for adult Indians. (a) In general. (b) Educational services. (c) Information and evaluation. (d) Applications. (e) Authorization of appropriations. SUBCHAPTER IV - PROGRAM ADMINISTRATION 2641. Office of Indian Education. (a) In general. (b) Director. (c) Indian preference. 2642. National Advisory Council on Indian Education. (a) In general. (b) Functions. (c) Contracting. (d) Funding. 2643. Authorization of appropriations. SUBCHAPTER V - MISCELLANEOUS 2651. Definitions. ------DocID 33540 Document 22 of 1452------ -CITE- 26 USC Sec. 28 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart B -HEAD- Sec. 28. Clinical testing expenses for certain drugs for rare diseases or conditions -STATUTE- (a) General rule There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified clinical testing expenses for the taxable year. (b) Qualified clinical testing expenses For purposes of this section - (1) Qualified clinical testing expenses (A) In general Except as otherwise provided in this paragraph, the term 'qualified clinical testing expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B). (B) Modifications For purposes of subparagraph (A), subsection (b) of section 41 shall be applied - (i) by substituting 'clinical testing' for 'qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and (ii) by substituting '100 percent' for '65 percent' in paragraph (3)(A) of such subsection. (C) Exclusion for amounts funded by grants, etc. The term 'qualified clinical testing expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). (D) Special rule For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after December 31, 1991. (2) Clinical testing (A) In general The term 'clinical testing' means any human clinical testing - (i) which is carried out under an exemption for a drug being tested for a rare disease or condition under section 505(i) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section), (ii) which occurs - (I) after the date such drug is designated under section 526 of such Act, and (II) before the date on which an application with respect to such drug is approved under section 505(b) or 507 of such Act or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Service Act; (FOOTNOTE 1) and (FOOTNOTE 1) So in original. The semicolon probably should be a comma. (iii) which is conducted by or on behalf of the taxpayer to whom the designation under such section 526 applies. (B) Testing must be related to use for rare disease or condition Human clinical testing shall be taken into account under subparagraph (A) only to the extent such testing is related to the use of a drug for the rare disease or condition for which it was designated under section 526 of the Federal Food, Drug, and Cosmetic Act. (c) Coordination with credit for increasing research expenditures (1) In general Except as provided in paragraph (2), any qualified clinical testing expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. (2) Expenses included in determining base period research expenses Any qualified clinical testing expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. (d) Definition and special rules (1) Rare disease or condition For purposes of this section, the term 'rare disease or condition' means any disease or condition which - (A) affects less than 200,000 persons in the United States, or (B) affects more than 200,000 persons in the United States but for which there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug. Determinations under the preceding sentence with respect to any drug shall be made on the basis of the facts and circumstances as of the date such drug is designated under section 526 of the Federal Food, Drug, and Cosmetic Act. (2) Limitation based on amount of tax The credit allowed by this section for any taxable year shall not exceed the excess (if any) of - (A) the regular tax (reduced by the sum of the credits allowable under subpart A and section 27), over (B) the tentative minimum tax for the taxable year. (3) Special limitations on foreign testing (A) In general No credit shall be allowed under this section with respect to any clinical testing conducted outside the United States unless - (i) such testing is conducted outside the United States because there is an insufficient testing population in the United States, and (ii) such testing is conducted by a United States person or by any other person who is not related to the taxpayer to whom the designation under section 526 of the Federal Food, Drug, and Cosmetic Act applies. (B) Special limitation for corporations to which section 936 applies No credit shall be allowed under this section with respect to any clinical testing conducted by a corporation to which an election under section 936 applies. (4) Certain rules made applicable Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. (5) Election This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. (e) Termination This section shall not apply to any amount paid or incurred after December 31, 1991. -SOURCE- (Added Pub. L. 97-414, Sec. 4(a), Jan. 4, 1983, 96 Stat. 2053, Sec. 44H, and renumbered Sec. 28 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(g), title VI, Sec. 612(e)(1), July 18, 1984, 98 Stat. 826, 831, 912; Pub. L. 99-514, title II, Sec. 231(d)(3)(A), 232, title VII, Sec. 701(c)(2), title XII, Sec. 1275(c)(4), title XVIII, Sec. 1879(b)(1), (2), Oct. 22, 1986, 100 Stat. 2178, 2180, 2340, 2599, 2905; Pub. L. 100-647, title I, Sec. 1018(q)(1), title IV, Sec. 4008(c)(1), Nov. 10, 1988, 102 Stat. 3585, 3653; Pub. L. 101-239, title VII, Sec. 7110(a)(3), Dec. 19, 1989, 103 Stat. 2323; Pub. L. 101-508, title XI, Sec. 11402(b)(2), 11411, Nov. 5, 1990, 104 Stat. 1388-473, 1388-479.) -REFTEXT- REFERENCES IN TEXT Sections 505(b), (i), 507, and 526 of the Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (b)(2)(A) and (d)(1), (3)(A)(ii), are classified to sections 355(b), (i), 357, and 360bb, respectively, of Title 21, Food and Drugs. Section 351 of the Public Health Service Act, referred to in subsec. (b)(2)(A)(ii)(II), is classified to section 262 of Title 42, The Public Health and Welfare. -MISC2- AMENDMENTS 1990 - Subsec. (b)(1)(D). Pub. L. 101-508, Sec. 11402(b)(2), substituted 'December 31, 1991' for 'December 31, 1990'. Subsec. (e). Pub. L. 101-508, Sec. 11411, substituted 'December 31, 1991' for 'December 31, 1990'. 1989 - Subsec. (b)(1)(D). Pub. L. 101-239 substituted '1990' for '1989'. 1988 - Subsec. (b)(1)(D). Pub. L. 100-647, Sec. 4008(c)(1), substituted '1989' for '1988'. Subsec. (b)(2)(A)(ii)(II). Pub. L. 100-647, Sec. 1018(q)(1), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: 'before the date on which an application with respect to such drug is approved under section 505(b) of such Act or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Services Act, and'. 1986 - Subsec. (b)(1). Pub. L. 99-514, Sec. 231(d)(3)(A)(i), (iv), substituted '41' for '30' in subpars. (A), (B), and (D), and substituted '1988' for '1985' in subpar. (D). Subsec. (b)(2)(A)(ii)(I). Pub. L. 99-514, Sec. 1879(b)(1)(A), substituted 'the date such drug' for 'the date of such drug'. Subsec. (b)(2)(A)(ii)(II). Pub. L. 99-514, Sec. 1879(b)(1)(B), inserted 'or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Services Act'. Subsec. (c). Pub. L. 99-514, Sec. 231(d)(3)(A)(i), (ii), substituted '41' for '30' in pars. (1) and (2) and '41(b)' for '30(b)' in par. (2). Subsec. (d)(1). Pub. L. 99-514, Sec. 1879(b)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'For purposes of this section, the term 'rare disease or condition' means any disease or condition which occurs so infrequently in the United States that there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug. Determinations under the preceding sentence with respect to any drug shall be made on the basis of the facts and circumstances as of the date such drug is designated under section 526 of the Federal Food, Drug, and Cosmetic Act.' Subsec. (d)(2). Pub. L. 99-514, Sec. 701(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'The credit allowed by this section for any taxable year shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 26(b)), reduced by the sum of the credits allowable under subpart A and section 27.' Subsec. (d)(3)(B). Pub. L. 99-514, Sec. 1275(c)(4), struck out '934(b) or' before '936' in heading and amended text generally. Prior to amendment, text read as follows: 'No credit shall be allowed under this section with respect to any clinical testing conducted by a corporation to which section 934(b) applies or to which an election under section 936 applies.' Subsec. (d)(4). Pub. L. 99-514, Sec. 231(d)(3)(A)(iii), substituted 'section 41(f)' for 'section 30(f)'. Subsec. (e). Pub. L. 99-514, Sec. 232, substituted '1990' for '1987'. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44H of this title as this section. Subsec. (b)(1)(A), (B), (D). Pub. L. 98-369, Sec. 474(g)(1)(A), substituted 'section 30' for 'section 44F'. Subsec. (c)(1). Pub. L. 98-369, Sec. 474(g)(1)(A), substituted 'section 30' for 'section 44F'. Subsec. (c)(2). Pub. L. 98-369, Sec. 474(g)(1)(A), (B), substituted 'section 30' for 'section 44F' and 'section 30(b)' for 'section 44F(b)'. Subsec. (d)(2). Pub. L. 98-369, Sec. 612(e)(1), substituted 'section 26(b)' for 'section 25(b)'. Pub. L. 98-369, Sec. 474(g)(2), amended par. (2) generally, substituting 'shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 25(b), reduced by the sum of the credits allowable under subpart A and section 27' for 'shall not exceed the amount of the tax imposed by this chapter for the taxable year reduced by the sum of the credits allowable under a section of this subpart having a lower number or letter designation than this section, other than the credits allowable by sections 31, 39, and 43. For purposes of the preceding sentence, the term 'tax imposed by this chapter' shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a)'. Subsec. (d)(4). Pub. L. 98-369, Sec. 474(g)(1)(C), substituted 'section 30(f)' for 'section 44F(f)'. EFFECTIVE DATE OF 1990 AMENDMENT Section 11402(c) of Pub. L. 101-508 provided that: 'The amendments made by this section (amending this section and section 41 of this title and repealing provisions set out as a note under section 41 of this title) shall apply to taxable years beginning after December 31, 1989.' EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1018(q)(1) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. Amendment by section 4008(c)(1) of Pub. L. 100-647 applicable to taxable years beginning after Dec. 31, 1988, see section 4008(d) of Pub. L. 100-647, set out as a note under section 41 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 231(d)(3)(A) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1985, see section 231(g) of Pub. L. 99-514, set out as a note under section 41 of this title. Amendment by section 701(c)(2) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title. Amendment by section 1275(c)(4) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 1277 of Pub. L. 99-514, set out as a note under section 931 of this title. Section 1879(b)(3) of Pub. L. 99-514 provided that: 'The amendments made by this subsection (amending this section) shall apply to amounts paid or incurred after December 31, 1982, in taxable years ending after such date.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(g) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Amendment by section 612(e)(1) of Pub. L. 98-369, applicable to interest paid or accrued after December 31, 1984, on indebtedness incurred after December 31, 1984, see section 612(g) of Pub. L. 98-369, set out as an Effective Date note under section 25 of this title. EFFECTIVE DATE Section 4(d) of Pub. L. 97-414 provided that: 'The amendments made by this section (enacting this section and amending sections 280C and 6096 of this title) shall apply to amounts paid or incurred after December 31, 1982, in taxable years ending after such date.' APPLICABILITY OF CERTAIN AMENDMENTS BY PUBLIC LAW 99-514 IN RELATION TO TREATY OBLIGATIONS OF UNITED STATES For applicability of amendment by section 701(c)(2) of Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under section 861 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 29, 53, 55, 280C of this title; title 42 section 236. ------DocID 6935 Document 23 of 1452------ -CITE- 2 USC Sec. 28 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28. Parliamentary precedents of House of Representatives -STATUTE- (a) Periodic compilation; other useful materials; index digest; date of completion The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89-90), and at the beginning of each fifth fiscal year thereafter, shall commence the compilation and preparation for printing of the parliamentary precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediately following the fiscal year in which such work is commenced. (b) Form, number, and distribution of compilation As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determine and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing. (c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies For the purpose of carrying out each such compilation and preparation, the Parliamentarian may - (1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) clerical and other personnel and fix their respective rates of pay; and (2) utilize the services of personnel of the Library of Congress and the Government Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 331, Oct. 26, 1970, 84 Stat. 1186.) -REFTEXT- REFERENCES IN TEXT The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89-90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables. -MISC2- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. -CROSS- CROSS REFERENCES Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title. ------DocID 36162 Document 24 of 1452------ -CITE- 28 USC PART I -EXPCITE- TITLE 28 PART I -HEAD- PART I - ORGANIZATION OF COURTS -MISC1- Chap. Sec. 1. Supreme Court 1 3. Courts of appeals 41 5. District courts 81 6. Bankruptcy judges 151 7. United States Claims Court 171 (9. Repealed.) 11. Court of International Trade 251 13. Assignment of judges to other courts 291 15. Conferences and councils of judges 331 17. Resignation and retirement of judges (FOOTNOTE 1) 371 (FOOTNOTE 1) Chapter heading amended by Pub. L. 92-397 without corresponding amendment of analysis. 19. Distribution of reports and digests 411 21. General provisions applicable to courts and judges 451 23. Civil justice expense and delay reduction plans 471 AMENDMENTS 1990 - Pub. L. 101-650, title I, Sec. 103(d), Dec. 1, 1990, 104 Stat. 5096, added item for chapter 23. 1984 - Pub. L. 98-353, title I, Sec. 104(b), July 10, 1984, 98 Stat. 342, added item for chapter 6. 1982 - Pub. L. 97-164, title I, Sec. 105(b), 106, Apr. 2, 1982, 96 Stat. 28, substituted 'United States Claims Court' for 'Court of Claims' in item for chapter 7 and struck out item for chapter 9 'Court of Customs and Patent Appeals'. 1980 - Pub. L. 96-417, title V, Sec. 501(1), Oct. 10, 1980, 94 Stat. 1742, substituted 'Court of International Trade' for 'Customs Court' in item for chapter 11. 1978 - Pub. L. 98-598, title II, Sec. 201(b), Nov. 6, 1978, 92 Stat. 2660, directed amendment of analysis of chapters comprising part I by adding item for chapter 6 '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. -EXEC- EXECUTIVE ORDER NO. 11992 Ex. Ord. No. 11992, May 24, 1977, 42 F.R. 27195, which established Committee on Selection of Federal Judicial Officers and provided for its membership, functions, etc., was revoked, and Committee terminated, 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. ------DocID 36163 Document 25 of 1452------ -CITE- 28 USC CHAPTER 1 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- CHAPTER 1 - SUPREME COURT -MISC1- Sec. 1. Number of justices; quorum. 2. Terms of court. 3. Vacancy in office of Chief Justice; disability. 4. Precedence of associate justices. 5. Salaries of justices. 6. Records of former court of appeals. -CROSS- RULES OF THE SUPREME COURT See Appendix to this title. CROSS REFERENCES Allotment of Supreme Court Justices to circuits, see section 42 of this title. Circuit justices competent to sit as judges of the courts of appeals, see section 43 of this title. Jurisdiction of Supreme Court, see section 1251 et seq. of this title. ------DocID 36164 Document 26 of 1452------ -CITE- 28 USC Sec. 1 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 1. Number of justices; quorum -STATUTE- The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 321 (Mar. 3, 1911, ch. 231, Sec. 215, 36 Stat. 1152). Appointment of 'judges of the Supreme Court' by the President by and with the advice and consent of the Senate is provided by U.S. Constitution art. 2, Sec. 2, cl. 2. SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-650, Sec. 1, Dec. 1, 1990, 104 Stat. 5089, provided: 'That this Act (see Tables for classification) may be cited as the 'Judicial Improvements Act of 1990'.' Pub. L. 101-650, title I, Sec. 101, Dec. 1, 1990, 104 Stat. 5089, provided that: 'This title (enacting chapter 23 of this title and provisions set out as notes under section 471 of this title) may be cited as the 'Civil Justice Reform Act of 1990'.' Pub. L. 101-650, title II, Sec. 201, Dec. 1, 1990, 104 Stat. 5098, provided that: 'This title (amending sections 44 and 133 of this title and enacting provisions set out as notes under sections 44, 133, and 331 of this title) may be cited as the 'Federal Judgeship Act of 1990'.' Pub. L. 101-650, title III, Sec. 301, Dec. 1, 1990, 104 Stat. 5104, provided that: 'This title (enacting sections 178, 1367, and 1658 of this title and section 8440b of Title 5, Government Organization and Employees, amending sections 108, 112, 122, 133, 152, 158, 332, 333, 375, 376, 377, 601, 602, 604, 631, 636, 995, 996, 1334, 1391, 1441, 1452, 1499, 1605, 1610, 1821, 1871, and 2072 of this title, sections 8331, 8334, 8336, 8339, and 8402 of Title 5, provisions set out in the Appendix to Title 5, and section 305 of Title 11, Bankruptcy, renumbering section 15 of Title 9, Arbitration, as section 16 of Title 9, enacting provisions set out as notes under sections 376, 620, 631, 1367, and 1658 of this title, section 8331 of Title 5, section 307 of Title 11, and sections 3006A and 3551 of Title 18, Crimes and Criminal Procedure, and amending provisions set out as notes under sections 533 and 581 of this title) may be cited as the 'Federal Courts Study Committee Implementation Act of 1990'.' Pub. L. 101-650, title IV, Sec. 401, Dec. 1, 1990, 104 Stat. 5122, provided that: 'This title (amending sections 332, 372, 453, and 2077 of this title and provisions set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 332 and 372 of this title) may be cited as the 'Judicial Discipline and Removal Reform Act of 1990'.' Pub. L. 101-647, title XXXVI, Sec. 3601, Nov. 29, 1990, 104 Stat. 4933, provided that: 'This title (enacting chapter 176 and section 2044 of this title, amending sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 3001 of this title) may be cited as the 'Federal Debt Collection Procedures Act of 1990'.' SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-702, Sec. 1, Nov. 19, 1988, 102 Stat. 4642, provided that: 'This Act (see Tables for classification) may be cited as the 'Judicial Improvements and Access to Justice Act'.' Pub. L. 100-702, title VII, Sec. 701, Nov. 19, 1988, 102 Stat. 4654, provided that: 'This title (amending section 1827 of this title and enacting provisions set out as notes under section 1827 of this title) may be cited as the 'Court Interpreter Amendments Act of 1988'.' Pub. L. 100-694, Sec. 1, Nov. 18, 1988, 102 Stat. 4563, provided that: 'This Act (enacting section 831c-2 of Title 16, Conservation, amending sections 2671, 2674, and 2679 of this title, and enacting provisions set out as notes under sections 2671 and 2679 of this title) may be cited as the 'Federal Employees Liability Reform and Tort Compensation Act of 1988'.' Pub. L. 100-659, Sec. 1, Nov. 15, 1988, 102 Stat. 3910, provided that: 'This Act (enacting section 377 of this title and section 8440a 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 sections 376 and 377 of this title) may be cited as the 'Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988'.' SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-191, Sec. 1, Dec. 15, 1987, 101 Stat. 1293, provided that: 'This Act (enacting section 599 of this title, amending sections 49 and 591 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 591 of this title, and amending provisions set out as a note under section 591 of this title) may be cited as the 'Independent Counsel Reauthorization Act of 1987'.' SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99-657, Sec. 1, Nov. 14, 1986, 100 Stat. 3670, provided that: 'This Act (amending sections 90 and 121 of this title and enacting provisions set out as a note under section 121 of this title) may be cited as the 'Judicial Housekeeping Act of 1986'.' Pub. L. 99-570, Sec. 1151, Oct. 27, 1986, 100 Stat. 3207-12, provided that: 'This subtitle (subtitle D (Sec. 1151-1153) of title I of Pub. L. 99-570, amending section 524 of this title, section 1963 of Title 18, Crimes and Criminal Procedure, section 1613a of Title 19, Customs Duties, and section 853 of Title 21, Food and Drugs, and repealing section 1613b of Title 19) may be cited as the 'Department of Justice Assets Forfeiture Fund Amendments Act of 1986'.' Pub. L. 99-363, Sec. 1, July 11, 1986, 100 Stat. 770, provided that: 'This Act (amending section 994 of this title) may be cited as the 'Sentencing Guidelines Act of 1986'.' Pub. L. 99-336, Sec. 1, June 19, 1986, 100 Stat. 633, provided that: 'This Act (amending sections 376, 620, 1441, 1914, and 2342 of this title, section 288d of Title 2, The Congress, and sections 8706, 8714a, 8714b, and 8714c of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 376, 620, 1441, 1914, and 2342 of this title, and section 8706 of Title 5) may be cited as the 'Judicial Improvements Act of 1985'.' SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98-620, Sec. 404, Nov. 8, 1984, 98 Stat. 3361, provided that: 'This subtitle (subtitle B (Sec. 404-411) of title IV of Pub. L. 98-620, amending sections 85, 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 85, 90, 93, and 124 of this title) may be cited as the 'Federal District Court Organization Act of 1984'.' Pub. L. 98-620, prec. Sec. 412, Nov. 8, 1984, 98 Stat. 3362, provided that: 'This subtitle (subtitle C (Sec. 412-416) of title IV of Pub. L. 98-620, enacting section 798 of this title, amending section 1292 of this title, section 1071 of Title 15, Commerce and Trade, section 1337 of Title 19, Customs Duties, and sections 142 to 144 of Title 35, Patents, and enacting provisions set out as notes under section 713 of this title and section 142 of Title 35) may be cited as the 'Technical Amendments to the Federal Courts Improvement Act of 1982'.' For short title of Pub. L. 98-353 as the Bankruptcy Amendments and Federal Judgeship Act of 1984, see section 1 of Pub. L. 98-353, set out as a note under section 151 of this title. SHORT TITLE OF 1983 AMENDMENT Pub. L. 97-409, Sec. 1, Jan. 3, 1983, 96 Stat. 2039, provided: 'That this Act (amending sections 49, 591, and 592 to 598 of this title and amending provisions set out as a note under section 591 of this title) may be cited as the 'Ethics in Government Act Amendments of 1982'.' SHORT TITLE OF 1982 AMENDMENTS For short title of sections 2 to 6 of Pub. L. 97-394 as the Indian Claims Limitation Act of 1982, see section 1 of Pub. L. 97-394, set out as a note under section 2415 of this title. Pub. L. 97-292, Sec. 1, Oct. 12, 1982, 96 Stat. 1259, provided: 'That this Act (amending section 534 of this title) may be cited as the 'Missing Children Act'.' Pub. L. 97-164, Sec. 1, Apr. 2, 1982, 96 Stat. 25, provided: 'That this Act (see Tables for classification) may be cited as the 'Federal Courts Improvement Act of 1982'.' SHORT TITLE OF 1980 AMENDMENTS Pub. L. 96-486, Sec. 1, Dec. 1, 1980, 94 Stat. 2369, provided: 'That this Act (amending section 1331 of this title and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1331 of this title) may be cited as the 'Federal Question Jurisdictional Amendments Act of 1980'.' Pub. L. 96-462, Sec. 1, Oct. 15, 1980, 94 Stat. 2053, provided that: 'This Act (amending sections 84, 95, 105, 113, and 124 of this title and enacting provisions set out as notes under sections 84, 95, 105, and 113 of this title) may be cited as the 'Federal District Court Organization Act of 1980'.' Pub. L. 96-458, Sec. 1, Oct. 15, 1980, 94 Stat. 2035, provided that: 'This Act (amending sections 331, 332, 372, and 604 of this title and enacting provisions set out as notes under section 331 of this title) may be cited as the 'Judicial Councils Reform and Judicial Conduct and Disability Act of 1980'.' Pub. L. 96-452, Sec. 1, Oct. 14, 1980, 94 Stat. 1994, provided: 'That this Act (amending sections 41, 44, and 48 of this title and enacting provisions set out as notes under section 41 of this title) may be cited as the 'Fifth Circuit Court of Appeals Reorganization Act of 1980'.' Pub. L. 96-417, Sec. 1, Oct. 10, 1980, 94 Stat. 1727, provided: 'That this Act (see Tables for classification) may be cited as the 'Customs Courts Act of 1980'.' SHORT TITLE OF 1979 AMENDMENT For short title of Pub. L. 96-82, as the 'Federal Magistrate Act of 1979', see section 1 of Pub. L. 96-82, set out as a note under section 631 of this title. SHORT TITLE OF 1978 AMENDMENTS For short title of Pub. L. 95-572 as the 'Jury System Improvements Act of 1978', see section 1 of Pub. L. 95-572, set out as a note under section 1861 of this title. Pub. L. 95-539, Sec. 1, Oct. 28, 1978, 92 Stat. 2040, provided: 'That this Act (enacting sections 1827 and 1828 of this title, amending sections 602 to 604 and 1920 of this title, enacting provisions set out as notes under section 602 of this title, and repealing a provision set out as a note under section 602 of this title) may be cited as the 'Court Interpreters Act'.' Pub. L. 95-408, Sec. 1, Oct. 2, 1978, 92 Stat. 883, provided that: 'This Act (amending sections 89, 93, 97, 98, 104, 112, 114, 133 of this title and enacting provisions set out as a note under section 89 of this title) may be cited as the 'Federal District Court Organization Act of 1978'.' SHORT TITLE OF 1976 AMENDMENTS Pub. L. 94-583, Sec. 1, Oct. 21, 1976, 90 Stat. 2891, provided: 'That this Act (enacting sections 1330 and 1602 to 1611 of this title, amending sections 1332, 1391, and 1441 of this title, and enacting provisions set out as notes under section 1602 of this title) may be cited as the 'Foreign Sovereign Immunities Act of 1976'.' Pub. L. 94-554, Sec. 1, Oct. 19, 1976, 90 Stat. 2603, provided: 'That this Act (amending section 376 of this title and enacting provisions set out as notes under section 376 of this title) may be cited as the 'Judicial Survivors' Annuities Reform Act'.' SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-271, title I, Sec. 101, June 2, 1970, 84 Stat. 274, provided that: 'This title (enacting sections 256 and 257 of this title, amending sections 253 to 255, 1541, 1582, 2601, 2602, and 2631 to 2639 of this title, repealing sections 1583 and 2640 to 2642 of this title, and enacting provisions set out as notes under sections 1 and 256 of this title) may be cited as 'The Customs Courts Act of 1970'.' SHORT TITLE OF 1966 AMENDMENT Pub. L. 89-504, title II, Sec. 201, July 18, 1966, 80 Stat. 293, provided that: 'This title (enacting provisions set out as notes under sections 603, 604, and 753 of this title) may be cited as the 'Federal Judicial Salary Act of 1966'.' SHORT TITLE OF 1964 AMENDMENT Pub. L. 88-426, title IV, Sec. 401, Aug. 14, 1964, 78 Stat. 433, provided that: 'This title (amending sections 5, 44, 135, 173, 213, 252, 603, and 792 of this title, section 867 of Title 10, Armed Forces, section 68 of former Title 11, Bankruptcy, and section 7443 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 603, 604 and 753 of this title) may be cited as the 'Federal Judicial Salary Act of 1964'.' -CROSS- RULES OF THE SUPREME COURT Quorum, see rule 4, Appendix to this title. CROSS REFERENCES Appointment of Supreme Court Justices, see Const., Art. 2, Sec. 2, cl. 2. Creation of Supreme Court, see Const., Art. 3, Sec. 1. Justices to hold office during good behavior, see Const., Art. 3, Sec. 1. Oath of Justice, see section 453 of this title. Official station of Supreme Court Justices, see section 456 of this title. ------DocID 36165 Document 27 of 1452------ -CITE- 28 USC Sec. 2 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 2. Terms of court -STATUTE- The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 338 (Mar. 3, 1911, ch. 231, Sec. 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, Sec. 1, 39 Stat. 726). Minor changes in phraseology were made. -CROSS- RULES OF THE SUPREME COURT Term, see rule 3, Appendix to this title. CROSS REFERENCES Courts always open, see section 452 of this title. Official station of Supreme Court Justices, see section 456 of this title. Seat of the Government, see chapter 3 of Title 4, Flag and Seal, Seat of Government, and the States. ------DocID 36166 Document 28 of 1452------ -CITE- 28 USC Sec. 3 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 3. Vacancy in office of Chief Justice; disability -STATUTE- Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 323 (Mar. 3, 1911, ch. 231, Sec. 217, 36 Stat. 1152). The sentence, 'This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice', was omitted as covered by last portion of revised section. Minor changes were made in phraseology. For seniority of commissions, see section 4 of this title. ------DocID 36167 Document 29 of 1452------ -CITE- 28 USC Sec. 4 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 4. Precedence of associate justices -STATUTE- Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 322 (Mar. 3, 1911, ch. 231, Sec. 216, 36 Stat. 1152). Minor changes in phraseology were made. ------DocID 36168 Document 30 of 1452------ -CITE- 28 USC Sec. 5 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 5. Salaries of justices -STATUTE- The Chief Justice and each associate justice shall each receive a salary at annual 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, Sec. 1(a), 69 Stat. 9; Aug. 14, 1964, Pub. L. 88-426, title IV, Sec. 403(a), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 205(b)(1), 89 Stat. 422.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 324 (Mar. 3, 1911, ch. 231, Sec. 218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716). The provision 'to be paid monthly' was omitted since the time of payment of salaries is a matter of administrative convenience. (See 20 Comp. Gen. 834.) Minor changes in phraseology were made. -REFTEXT- REFERENCES IN TEXT 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 (Sec. 351 et seq.) of Title 2, The Congress. -MISC2- AMENDMENTS 1975 - Pub. L. 94-82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively. 1964 - Pub. L. 88-426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500. 1955 - Act Mar. 2, 1955, increased salary of Chief Justice from $25,500 to $35,500 and salaries of Associate Justices from $25,000 to $35,000 a year. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT 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. SALARY INCREASES 1991 - Salaries of Chief Justice and Associate Justices increased to $160,600 and $153,600 per annum, respectively, 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, set out as a note under section 5332 of Title 5, Government Organization and Employees. 1990 - Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum, and increased to $124,000 and $118,600, respectively, 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 Chief Justice and Associate Justices increased in the amount of 25 percent of their respective rates (as last in effect before the increase), effective Jan. 1, 1991, see Pub. L. 101-194, title VII, Sec. 703(a)(3), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5. Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 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 Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 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 Chief Justice and Associate Justices increased respectively to $115,000 and $110,000 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 Chief Justice and Associate Justices increased to $111,700 and $107,200, respectively, 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 Chief Justice and Associate Justices increased to $108,400 and $104,100, respectively, 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 Chief Justice and Associate Justices increased to $104,700 and $100,600, 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 Chief Justice and Associate Justices increased to $100,700 and $96,700, 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 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 $96,800 for the Chief Justice and $93,000 for the Associate Justices. Maximum rates payable after Dec. 17, 1982, increased from $96,800 and $93,000 to $100,700 and $96,700, respectively, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1941, 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 Chief Justice and Associate Justices increased to $96,800 and $93,000, 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. 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 Chief Justice and Associate Justices increased to $92,400 and $88,700, 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 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 $79,125 for the Chief Justice and $75,960 for the Associate Justices. 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 Chief Justice and Associate Justices increased to $84,700 and $81,300, respectively, 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 $79,125 for the Chief Justice and $75,960 for the Associate Justices. 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 Chief Justice and Associate Justices increased to $79,100 and $76,000, respectively, 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 Sec. 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 $75,000 for the Chief Justice and $72,000 for the Associate Justices. 1977 - Salaries of Chief Justice and Associate Justices increased respectively to $75,000 and $72,000 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 Chief Justice and Associate Justices increased to $68,800 and $66,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1976, by Ex. Order 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 $65,600 for the Chief Justice and $63,000 for the Associate Justices. 1975 - Salaries of Chief Justice and Associate Justices increased to $65,600 and $63,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1975, by Ex. Order No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note under section 5332 of Title 5. 1969 - Salaries of Chief Justice and Associate Justices increased respectively from $40,000 and $39,500 to $62,500 and $60,000 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 Justice was increased from $20,500 to $25,500 a year, and salaries of associate justices were increased from $20,000 to $25,000 a year, by act July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716. 1926 - Salary of Chief Justice was increased from $15,000 to $20,500 a year, and salaries of associate justices were increased from $14,500 to $20,000 a year, by act Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919. 1911 - Salary of Chief Justice was set at $15,000 a year and salaries of associate justices were set at $14,500 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1152. -CROSS- CROSS REFERENCES Compensation not to be diminished during continuance in office, see Const. Art. 3, Sec. 1. Payment of salaries by marshal of Supreme Court, see section 672 of this title. Retirement of Justices, see section 371 et seq. of this title. Traveling and subsistence expenses of Justices, payment of, see section 456 of this title. ------DocID 36169 Document 31 of 1452------ -CITE- 28 USC Sec. 6 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 6. Records of former court of appeals -STATUTE- The records and proceedings of the court of appeals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 870; Oct. 25, 1951, ch. 562, Sec. 4(7), 65 Stat. 640.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 329 (Mar. 3, 1911, ch. 231, Sec. 222, 36 Stat. 1153). In a letter dated August 8, 1944, the clerk of the Supreme Court advised that many of the early records mentioned in this section were destroyed by fire. Others are on file in the Clerk's office. Minor changes in phraseology were made. AMENDMENTS 1951 - Act Oct. 25, 1951, inserted 'until deposited with the National Archives of the United States' in first sentence. -CROSS- CROSS REFERENCES Management and disposition of records, see sections 2101 et seq., 2301 et seq., 2501 et seq., 2901 et seq., 3101 et seq., and 3301 et seq. of Title 44, Public Printing and Documents. ------DocID 36170 Document 32 of 1452------ -CITE- 28 USC CHAPTER 3 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- CHAPTER 3 - COURTS OF APPEALS -MISC1- Sec. 41. Number and composition of circuits. 42. Allotment of Supreme Court justices to circuits. 43. Creation and composition of courts. 44. Appointment, tenure, residence and salary of circuit judges. 45. Chief judges; precedence of judges. 46. Assignment of judges; panels; hearings; quorum. 47. Disqualification of trial judge to hear appeal. 48. Terms of court. 49. Assignment of judges to division to appoint independent counsels. AMENDMENTS 1983 - Pub. L. 97-409, Sec. 2(b)(2), Jan. 3, 1983, 96 Stat. 2039, substituted 'independent counsels' for 'special prosecutors' in item 49. 1978 - Pub. L. 95-521, title VI, Sec. 602(b), Oct. 26, 1978, 92 Stat. 1874, added item 49. Pub. L. 95-486, Sec. 5(c), Oct. 20, 1978, 92 Stat. 1633, substituted 'panels' for 'divisions' in item 46. -CROSS- CROSS REFERENCES Jurisdiction of courts of appeals, see section 1291 et seq. of this title. ------DocID 36171 Document 33 of 1452------ -CITE- 28 USC Sec. 41 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 41. Number and composition of circuits -STATUTE- The thirteen judicial circuits of the United States are constituted as follows: --------------------------------------------------------------------- Circuits Composition --------------------------------------------------------------------- District of Columbia District of Columbia. First Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island. Second Connecticut, New York, Vermont. Third Delaware, New Jersey, Pennsylvania, Virgin Islands. Fourth Maryland, North Carolina, South Carolina, Virginia, West Virginia. Fifth District of the Canal Zone, Louisiana, Mississippi, Texas. Sixth Kentucky, Michigan, Ohio, Tennessee. Seventh Illinois, Indiana, Wisconsin. Eighth Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. Ninth Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii. Tenth Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming. Eleventh Alabama, Florida, Georgia. Federal All Federal judicial districts. ------------------------------- -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 870; Oct. 31, 1951, ch. 655, Sec. 34, 65 Stat. 723; Oct. 14, 1980, Pub. L. 96-452, Sec. 2, 94 Stat. 1994; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 101, 96 Stat. 25.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C. 1940 ed., Sec. 211, and section 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, Sec. 35, 31 Stat. 85; Mar. 3, 1911, ch. 231, Sec. 116, 36 Stat. 1131; Jan. 28, 1915, ch. 22, Sec. 1, 2, 38 Stat. 803; Mar. 2, 1917, ch. 145, Sec. 42, 39 Stat. 966; Feb. 13, 1925, ch. 229, Sec. 1, 13, 43 Stat. 936, 942; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; Feb. 28, 1929, ch. 363, Sec. 1, 45 Stat. 1346; May 17, 1932, ch. 190, 47 Stat. 158). Form of section was simplified. The District of Columbia was added as a separate circuit. This is in accord with the decision of the Supreme Court of the United States which held the Court of Appeals for the District of Columbia to be a circuit court of appeals within the Transfer Act of Sept. 14, 1922, ch. 305, 42 Stat. 837, incorporated in the Judicial Code as Sec. 238(a), but repealed by act Feb. 13, 1925, ch. 229, Sec. 13, 43 Stat. 942. (See Swift and Co. v. U.S., 1928, 48 S.Ct. 311, 276 U.S. 311, 72 L.Ed. 587.) In recognizing the District of Columbia as a separate circuit, the Supreme Court recently used this language: '* * * the eleven circuits forming the single federal judicature * * *'. Comm'r. v. Bedford's Estate, 65 S.Ct. 1157, at page 1160, 325 U.S. 283, 89 L.Ed. 611. See section 17 of title 28, U.S.C., 1940 ed., providing, 'For the purposes of sections 17-23 of this title, the District of Columbia shall be deemed to be a judicial circuit * * *', and act Dec. 23, 1944, ch. 724, 58 Stat. 925, which amended section 215 of title 28, U.S.C., 1940 ed., incorporated in section 42 of this title. Such amendment provided that for the purposes of said section 215 'the District of Columbia shall be deemed to be a judicial circuit.' Many other acts of Congress have recognized the District of Columbia as a separate circuit. (See the following acts; Aug. 24, 1937, ch. 754, 50 Stat. 751; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433, 53 Stat. 1204; Aug. 7, 1939, ch. 501, 53 Stat. 1223; Dec. 29, 1942, ch. 835, 56 Stat. 1094; May 11, 1944, ch. 192, 58 Stat. 218; Dec. 23, 1944, ch. 724, 58 Stat. 925.) See also the following acts recognizing the Court of Appeals for the District of Columbia as a circuit court of appeals: Aug. 15, 1921, ch. 64, 42 Stat. 162; July 5, 1935, ch. 372, 49 Stat. 454; Aug. 24, 1937, ch. 754, 50 Stat. 751; Apr. 6, 1942, ch. 210, 56 Stat. 198; May 9, 1942, ch. 295, 56 Stat. 271. See also Rule 81(d) Federal Rules of Civil Procedure. In the following cases the Supreme Court of the United States has recognized the status of the Court of Appeals of the District of Columbia as a permanent establishment within the federal judicial system: O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356; Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972; Claiborne-Annapolis Ferry v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808; United States v. California Canneries, 1929, 49 S.Ct. 423, 279 U.S. 553, 73 L.Ed. 838. Alaska, Canal Zone, and Virgin Islands were added to the 9th, 5th, and 3rd Circuits, respectively, to conform to section 1294 of this title. Some of the provisions of section 864 of title 48, U.S.C., 1940 ed., have been retained in said title. For those which were incorporated in other sections of this revised title, see Distribution Table. AMENDMENTS 1982 - Pub. L. 97-164 increased number of judicial circuits from twelve to thirteen through addition of Federal circuit composed of all Federal judicial districts. 1980 - Pub. L. 96-452 substituted 'twelve' for 'eleven' in text preceding table, substituted 'District of the Canal Zone' for 'Alabama, Canal Zone, Florida, Georgia' in item relating to fifth circuit, and added new item relating to eleventh circuit. 1951 - Act Oct. 31, 1951, inserted reference to Guam in that part relating to composition of Ninth judicial circuit. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT Section 12 of Pub. L. 96-452 provided that: 'This Act and the amendments made by this Act (amending this section and sections 44 and 48 of this title, and enacting provisions set out as notes under this section) shall take effect on October 1, 1981.' -TRANS- TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE 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. -MISC5- NORTHERN MARIANA ISLANDS Pub. L. 95-157, Sec. 1(a), Nov. 8, 1977, 91 Stat. 1265, provided that the Northern Mariana Islands be part of the same judicial circuit as Guam, i.e., the Ninth Circuit. See section 1694(a) of Title 48, Territories and Insular Possessions. ASSIGNMENT OF JUDGES AND PROCEDURE FOR ADMINISTRATION OF PENDING CASES WITH REGARD TO REORGANIZATION OF THE FIFTH CIRCUIT COURT OF APPEALS Sections 5 to 10 of Pub. L. 96-452 provided that: 'Sec. 5. Each circuit judge in regular active service of the former fifth circuit whose official station on the day before the effective date of this Act (Oct. 1, 1981) - '(1) is in Louisiana, Mississippi, or Texas is assigned as a circuit judge of the new fifth circuit; and '(2) is in Alabama, Florida, or Georgia is assigned as a circuit judge of the eleventh circuit. 'Sec. 6. Each judge who is a senior judge of the former fifth circuit on the day before the effective date of this Act (Oct. 1, 1981) may elect to be assigned to the new fifth circuit or to the eleventh circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. 'Sec. 7. The seniority of each judge - '(1) who is assigned under section 5 of this Act; or '(2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former fifth circuit. 'Sec. 8. The eleventh circuit is authorized to hold terms or sessions of court at New Orleans, Louisiana, until such time as adequate facilities for such court are provided in Atlanta, Georgia. 'Sec. 9. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act (Oct. 1, 1981), an appeal or other proceeding has been filed with the former fifth circuit: '(1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act (amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section) had not been enacted. '(2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. '(3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act (Oct. 1, 1981), or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. 'Sec. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the term - '(1) 'former fifth circuit' means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act (Oct. 1, 1981); '(2) the term 'new fifth circuit' means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act (amending item relating to the fifth circuit in this section); and '(3) the term 'eleventh circuit' means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act (adding item relating to the eleventh circuit in this section).' ADMINISTRATIVE ACTION BY FIFTH CIRCUIT COURT OF APPEALS; TERMINATION OF COURT Section 11 of Pub. L. 96-452 provided that: 'The court of appeals for the fifth circuit as constituted on the day before the effective date of this Act (Oct. 1, 1981) may take such administrative action as may be required to carry out this Act (amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section). Such court shall cease to exist for administrative purposes on July 1, 1984.' APPEALS COURT ADMINISTRATIVE UNITS Pub. L. 95-486, Sec. 6, Oct. 20, 1978, 92 Stat. 1633, provided that: 'Any court of appeals having more than 15 active judges may constitute itself into administrative units complete with such facilities and staff as may be prescribed by the Administrative Office of the United States Courts, and may perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals.' COMMISSION ON REVISION OF THE FEDERAL APPELLATE SYSTEM Pub. L. 92-489, Oct. 13, 1972, 86 Stat. 807, as amended by Pub. L. 93-420, Sept. 19, 1974, 88 Stat. 1153, provided for the establishment, membership, travel expenses, personnel, experts and consultants, administrative and research services, cooperation of other governmental agencies, and appropriations of not to exceed $606,000 of a Commission on Revision of the Federal Court Appellate System which Commission was to study the geographical division of the judicial circuits and the structure and internal procedures of the appellate court system and to report to the President, Congress, and the Chief Justice its recommendations for changes in the geographical boundaries of the circuits to expedite disposition of judicial business and for changes in the appellate court structure to expedite disposition of the appellate courts caseload in a manner consistent with fundamental concepts of fairness and due process. The Commission was to cease existence ninety days after submission of its final report, which report was submitted June 20, 1975. CONTINUATION OF ORGANIZATION OF COURT Section 2(b) of act June 25, 1948, ch. 646, 62 Stat. 985, 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 each of the several courts therein provided, 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 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. -CROSS- CROSS REFERENCES Circuits in which decisions are reviewable, see section 1294 of this title. ------DocID 36172 Document 34 of 1452------ -CITE- 28 USC Sec. 42 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 42. Allotment of Supreme Court justices to circuits -STATUTE- The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 870.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 215 (Mar. 3, 1911, ch. 231, Sec. 119, 36 Stat. 1131; Dec. 23, 1944, ch. 724, 58 Stat. 925). The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase 'whenever by reason of death or resignation, no Justice is allotted to a circuit.' The provision in section 215 of Title 28, U.S.C., 1940 ed., that, for the purposes of said section, the 'District of Columbia shall be deemed to be a judicial circuit,' was omitted, since the District of Columbia is made a judicial circuit by section 41 of this title. The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible. Changes were made in phraseology. ------DocID 36173 Document 35 of 1452------ -CITE- 28 USC Sec. 43 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 43. Creation and composition of courts -STATUTE- (a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit. (b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 870; Nov. 13, 1963, Pub. L. 88-176, Sec. 1(a), 77 Stat. 331.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 212 (Mar. 3, 1911, ch. 231, Sec. 117, 36 Stat. 1131). The provision in section 212 of title 28, U.S.C., 1940 ed., for a three-judge court of appeals was permissive and did not limit the power of the court to sit in banc. Thus, subsection (b) reflects present status of law, namely, that court is composed of not only circuit judges of the circuit in active service, of whom there may be more than three, but the circuit justice or justices and judges who may be assigned or designated to the court. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser's Notes under section 46 of this title.) Words 'with appellate jurisdiction, as hereinafter limited and established' were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals. The term 'court of appeals' was substituted in this section and throughout this title for the term 'circuit court of appeals.' Provision for a quorum of the court is now covered by section 46(d) of this title. AMENDMENTS 1963 - Subsec. (b). Pub. L. 88-176 inserted 'regular' before 'active service'. -CHANGE- CHANGE OF NAME OF COURT Section 2(b) of act June 25, 1948, provided in part that each circuit court of appeals should, after Sept. 1, 1948, be known as a United States Court of Appeals, but that the enactment of act June 25, 1948 should in no way entail any loss of rights, interruption of jurisdiction, or prejudice to matters pending in any such courts on Sept. 1, 1948. -CROSS- CROSS REFERENCES Assignment of circuit judges and judges of Court of Claims to other circuits or courts, see section 291 et seq. of this title. Authority to create courts inferior to Supreme Court, see Const., Art. 3, Sec. 1. ------DocID 36174 Document 36 of 1452------ -CITE- 28 USC Sec. 44 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 44. Appointment, tenure, residence and salary of circuit judges -STATUTE- (a) The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows: --------------------------------------------------------------------- Circuits Number of Judges --------------------------------------------------------------------- District of Columbia 12 First 6 Second 13 Third 14 Fourth 15 Fifth 17 Sixth 16 Seventh 11 Eighth 11 Ninth 28 Tenth 12 Eleventh 12 Federal 12. ------------------------------- (b) Circuit judges shall hold office during good behavior. (c) Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of this Act, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. (d) Each circuit 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 871; Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493; Feb. 10, 1954, ch. 6, Sec. 1, 68 Stat. 8; Mar. 2, 1955, ch. 9, Sec. 1(b), 69 Stat. 10; May 19, 1961, Pub. L. 87-36, Sec. 1(b), 75 Stat. 80; Aug. 14, 1964, Pub. L. 88-426, title IV, Sec. 403(b), 78 Stat. 434; Mar. 18, 1966, Pub. L. 89-372, Sec. 1(b), 80 Stat. 75; June 18, 1968, Pub. L. 90-347, Sec. 3, 82 Stat. 184; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 205(b)(2), 89 Stat. 422; Oct. 20, 1978, Pub. L. 95-486, Sec. 3(b), 92 Stat. 1632; Oct. 14, 1980, Pub. L. 96-452, Sec. 3, 94 Stat. 1994; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 102, 96 Stat. 25; July 10, 1984, Pub. L. 98-353, title II, Sec. 201(b), 98 Stat. 346; Dec. 1, 1990, Pub. L. 101-650, title II, Sec. 202(b), 104 Stat. 5099.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 213, and sections 11-201, 11-202, District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, Sec. 1, 27 Stat. 434; Mar. 3, 1901, ch. 854, Sec. 221, 222, 31 Stat. 1224; Mar. 3, 1911, ch. 231, Sec. 118, 36 Stat. 1131; Jan. 13, 1912, ch. 9, 37 Stat. 52; Feb. 25, 1919, ch. 29, Sec. 2, 40 Stat. 1156; Sept. 14, 1922, ch. 306, Sec. 6, 42 Stat. 840; Mar. 3, 1925, ch. 437, 43 Stat. 1116; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Feb. 28, 1929, ch. 363, Sec. 2, 45 Stat. 1347; Mar. 1, 1929, ch. 413, Sec. 1, 2, 45 Stat. 1414; June 10, 1930, ch. 437, 46 Stat. 538; June 10, 1930, ch. 438, 46 Stat. 538; June 19, 1930, ch. 538, 46 Stat. 785; June 16, 1933, ch. 102, 48 Stat. 310; Aug. 2, 1935, ch. 425, Sec. 1, 49 Stat. 508; June 24, 1936, ch. 735, Sec. 1, 49 Stat. 1903; Apr. 14, 1937, ch. 80, 50 Stat. 64; May 31, 1938, ch. 290, Sec. 1, 3, 52 Stat. 584, 585; May 24, 1940, ch. 209, Sec. 1, 54 Stat. 219; Dec. 14, 1942, ch. 731, 56 Stat. 1050; Dec. 7, 1944, ch. 521, Sec. 1, 58 Stat. 796; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716). This section includes the members of the United States Court of Appeals for the District of Columbia and designates them as 'judges' rather than as 'justices', thus harmonizing it with the provisions of section 41 of this title, which specifically designates the District of Columbia as a judicial circuit of the United States. In doing so it consolidates sections 11-201, 11-202 of the District of Columbia Code, 1940 ed., which provided for one 'chief justice' and five associate 'justices.' Act February 9, 1893, established a court of appeals for the District of Columbia to consist of one chief justice and two associate justices whose jurisdiction was almost entirely to review the judgments of the Supreme Court of the District of Columbia, the name of which was changed in 1936 to the District Court of the United States for the District of Columbia. Circuit courts were established by the first Judiciary Act of September 24, 1789, Sec. 4, and R.S. Sec. 608, enacted June 22, 1874. R.S. Sec. 605 provided that the words 'circuit justice' and 'justice of a circuit' should designate the justice of the Supreme Court of the United States allotted to any circuit; that 'judge' when applied to any circuit included such justice. The Judiciary Appropriation Act, 1945, Act June 26, 1944, ch. 277, Sec. 202, 58 Stat. 358, provided that as used in that Act, 'the term 'circuit court of appeals' includes the United States Court of Appeals for the District of Columbia; the term 'senior circuit judge' includes the Chief Justice of the United States Court of Appeals for the District of Columbia; and the term 'circuit judge' includes associate justice of the United States Court of Appeals for the District of Columbia; and the term 'judge' includes justice.' Provisions in section 11-202 of the District of Columbia Code, 1940 ed., and section 213 of title 28, U.S.C., 1940 ed., for payment of salaries in monthly installments were omitted, since time of payment is a matter of administrative convenience (20 Comp. Gen. 834). The exception in subsection (c) extends to circuit judges in the District of Columbia the effect of the recent decision in U.S. ex rel. Laughlin v. Eicher, D.C. 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 134 of this title.) The provision in section 213 of the title 28, U.S.C., 1940 ed., that 'it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law,' was omitted as unnecessary since the duty to serve is implied by the creation and composition of the court in section 43 of this title. Last sentence, providing that nothing in section 213 of title 28, U.S.C., 1940 ed., should prevent a circuit judge from holding district court as provided by law, was omitted as unnecessary. (See section 291 of this title authorizing assignments to district courts.) Subsection (b) was added in conformity with the U.S. Constitution, art. 3. Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT The effective date of this Act, referred to in subsec. (c), is the effective date of Pub. L. 97-164, Oct. 1, 1982. See Effective Date of 1982 Amendment note set out under section 171 of this title. Section 225 of the Federal Salary Act of 1967, referred to in subsec. (d), is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat. 642, as amended, which is classified to chapter 11 (Sec. 351 et seq.) of Title 2, The Congress. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-650 altered number of permanent circuit judgeships in named circuits as follows: --------------------------------------------------------------------- Circuits Former New --------------------------------------------------------------------- Third 12 14 Fourth 11 15 Fifth 16 17 Sixth 15 16 Eighth 10 11 Tenth 10 12 ------------------------------- 1984 - Subsec. (a). Pub. L. 98-353 altered number of permanent circuit judgeships in named circuits as follows: --------------------------------------------------------------------- Circuits Former New --------------------------------------------------------------------- District of Columbia 11 12 First 4 6 Second 11 13 Third 10 12 Fourth 10 11 Fifth 14 16 Sixth 11 15 Seventh 9 11 Eighth 9 10 Ninth 23 28 Tenth 8 10 Eleventh 12 12 Federal 12 12 ------------------------------- 1982 - Subsec. (a). Pub. L. 97-164, Sec. 102(a), inserted item relating to Federal circuit with 12 judges. Subsec. (c). Pub. L. 97-164, Sec. 102(b), inserted provision relating to requirement that judges of Federal judicial circuit reside within fifty miles of the District of Columbia. 1980 - Subsec. (a). Pub. L. 96-452 substituted '14' for '26' in item relating to fifth circuit, and added item relating to eleventh circuit. 1978 - Subsec. (a). Pub. L. 95-486 altered number of permanent circuit judgeships in the named circuits as follows: --------------------------------------------------------------------- Circuits Former New --------------------------------------------------------------------- District of Columbia 9 11 First 3 4 Second 9 11 Third 9 10 Fourth 7 10 Fifth 15 26 Sixth 9 11 Seventh 8 9 Eighth 8 9 Ninth 13 23 Tenth 7 8 ------------------------------- 1975 - Subsec. (d). Pub. L. 94-82 substituted provision that each circuit 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 circuit judge shall receive a salary of $33,000 a year. 1968 - Subsec. (a). Pub. L. 90-347 increased the number of circuit judges in the enumerated circuits as follows: Third Circuit, eight to nine; Fifth Circuit, nine to fifteen; Sixth Circuit, eight to nine; Ninth Circuit, nine to thirteen, and Tenth Circuit, six to seven. 1966 - Subsec. (a). Pub. L. 89-372 increased the number of circuit judges in the enumerated circuits as follows: Fourth Circuit, five to seven; Sixth Circuit, six to eight; Seventh Circuit, seven to eight; Eighth Circuit, seven to eight. 1964 - Subsec. (d). Pub. L. 88-426 increased the salary of the circuit judges from $25,500 to $33,000. 1961 - Subsec. (a). Pub. L. 87-36 increased the number of circuit judges in the enumerated circuits, as follows: Second Circuit, six to nine; Third Circuit, seven to eight; Fourth Circuit, three to five; Fifth Circuit, seven to nine; Seventh Circuit, six to seven; and Tenth Circuit, five to six. 1955 - Subsec. (d). Act Mar. 2, 1955, increased the salary of circuit judges from '$17,500' a year to '$25,500'. 1954 - Subsec. (a). Act Feb. 10, 1954, increased the number of circuit judges in the Fifth Circuit from six to seven, and in the Ninth Circuit from seven to nine. 1949 - Subsec. (a). Act Aug. 3, 1949, increased the number of circuit judges for the District of Columbia from six to nine, for the third circuit from six to seven, for the seventh circuit from five to six, and for the tenth circuit from four to five. EFFECTIVE DATE OF 1990 AMENDMENT Section 206 of title II of Pub. L. 101-650 provided that: 'This title (amending this section and section 133 of this title and enacting provisions set out as notes under this section and sections 133 and 331 of this title) shall take effect on the date of the enactment of this title (Dec. 1, 1990).' EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-452 effective Oct. 1, 1981, see section 12 of Pub. L. 96-452, set out as a note under section 41 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT 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. NOMINATION TO FEDERAL JUDGESHIP ON NONDISCRIMINATORY BASIS Section 211 of Pub. L. 98-353 provided that: 'It is the sense of the Congress that the President, in selecting individuals for nomination to the Federal judgeships created by this Act (see Short Title of 1984 Amendment note set out under section 151 of this title), shall give due consideration to qualified individuals without regard to race, color, sex, religion, or national origin.' CONTINUED SERVICE OF JUDGES OF COURT OF CLAIMS AND COURT OF CUSTOMS AND PATENT APPEALS AS JUDGES OF COURT OF APPEALS FOR THE FEDERAL CIRCUIT Section 165 of Pub. L. 97-164 provided that: 'The judges of the United States Court of Claims and of the United States Court of Customs and Patent Appeals in regular active service on the effective date of this Act (Oct. 1, 1982) shall continue in office as judges of the United States Court of Appeals for the Federal Circuit. Senior judges of the United States Court of Claims and of the United States Court of Customs and Patent Appeals on the effective date of this Act shall continue in office as senior judges of the United States Court of Appeals for the Federal Circuit.' CONGRESSIONAL STATEMENT REGARDING APPOINTMENT OF JUDGES OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT AND UNITED STATES CLAIMS COURT Section 168 of Pub. L. 97-164 provided that: 'The Congress - '(1) takes notice of the fact that the quality of the Federal judiciary is determined by the competence and experience of its judges; and '(2) suggests that the President, in nominating individuals to judgeships on the United States Court of Appeals for the Federal Circuit and the United States Claims Court, select from a broad range of qualified individuals.' SALARY INCREASES 1991 - Salaries of circuit judges increased to $132,700 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, set out as a note under section 5332 of Title 5, Government Organization and Employees. 1990 - Salaries of circuit judges continued at $95,000 per annum, and increased to $102,500, 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 circuit 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, Sec. 703(a)(3), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5. Salaries of circuit judges continued at $95,000 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 circuit judges continued at $95,000 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 circuit judges increased to $95,000 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 circuit judges increased to $85,700 effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 55 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. 1985 - Salaries of circuit judges increased to $83,200 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 circuit judges increased to $80,400 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 circuit judges increased to $77,300 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 $74,300. Maximum rate payable after Dec. 17, 1982, increased from $74,300 to $77,300, see Pub. L. 97-377, title I, Sec. 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 circuit 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 circuit 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 circuit judges increased to $65,000 effective on first day of first applicable 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 for circuit 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 circuit 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, Sec. 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 circuit 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 circuit judges increased to $46,800 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 $44,600. 1975 - Salaries of circuit judges increased to $44,600 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 circuit judge 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 - Salaries of circuit judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716. 1926 - Salaries of circuit judges increased from $8,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919. 1919 - Salaries of circuit judges increased from $7,000 to $8,500 a year by act Feb. 25, 1919, ch. 29, Sec. 1, 40 Stat. 1156. 1911 - Salaries of circuit court judges had been set at $7,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1131. ADDITIONAL JUDGES Since 1925, the appointment of additional judges was authorized by the following acts: Second circuit. Act May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584. Third circuit. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493; act Dec. 7, 1944, ch. 521, Sec. 1, 58 Stat. 796; act June 10, 1930, ch. 438, 46 Stat. 538; act June 24, 1936, ch. 735, Sec. 1, 49 Stat. 1903, repealed by act May 31, 1938, ch. 290, Sec. 3, 52 Stat. 585. Fifth circuit. Act Dec. 14, 1942, ch. 731, 56 Stat. 1050; act May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584; act June 10, 1930, ch. 437, 46 Stat. 538. Sixth circuit. Act May 24, 1940, ch. 209, Sec. 1, 54 Stat. 219; act May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584. Seventh circuit. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493; act May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584. Eighth circuit. Act May 24, 1940, ch. 209, Sec. 1, 54 Stat. 219; act Mar. 3, 1925, ch. 436, 43 Stat. 1116. Ninth circuit. Act Apr. 14, 1937, ch. 80, 50 Stat. 64; act Aug. 2, 1935, ch. 425, Sec. 1, 49 Stat. 508; act June 16, 1933, ch. 102, 48 Stat. 310 (removing limitation on filling of vacancy); act Mar. 1, 1929, ch. 413, 45 Stat. 1414. Tenth circuit. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493. District of Columbia Court of Appeals. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493; act May 31, 1938, ch. 290, Sec. 2, 52 Stat. 584; act June 19, 1930, ch. 538, 46 Stat. 785. Act Feb. 28, 1929, ch. 363, Sec. 2, 45 Stat. 1346, 1347 provided that 'There shall be in the sixth, seventh, and tenth circuits, respectively, four circuit judges; and in the second and eighth circuits, respectively, five circuit judges; and, in each of the other circuits three circuit judges, to be appointed by the President, by and with the advice and consent of the Senate.' Another part of section 1 of act Feb. 10, 1954, which amended subsec. (a) of 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 Fifth and Ninth Circuits, provided for in such amendment. Section 1(a) of Pub. L. 87-36 provided that: 'The President shall appoint, by and with the advice and consent of the Senate, three additional circuit judges for the second circuit, one additional circuit judge for the third circuit, two additional circuit judges for the fourth circuit, two additional circuit judges for the fifth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the tenth circuit.' Section 1(a) of Pub. L. 89-372 provided that: 'The President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the fourth circuit, two additional circuit judges for the sixth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the eighth circuit.' Section 1(c) of Pub. L. 89-372, as amended by Pub. L. 90-347, Sec. 2, June 18, 1968, 82 Stat. 183, provided that: 'The President shall appoint, by and with the advice and consent of the Senate, four additional circuit judges for the fifth circuit.' The second sentence of section 1(c) of Pub. L. 89-372 which provided that the first four vacancies occurring in the office of circuit judge in the fifth circuit shall not be filled was deleted by section 2 of Pub. L. 90-347, which also made those judgeships permanent and further provided that the present incumbents of such judgeships shall henceforth hold their offices under this section. Section 1 of Pub. L. 90-347 provided: 'That the President shall appoint, by and with the advice and consent of the Senate, one additional circuit judge for the third circuit, two additional circuit judges for the fifth circuit, one additional circuit judge for the sixth circuit, four additional circuit judges for the ninth circuit, and one additional circuit judge for the tenth circuit.' Section 3(a) of Pub. L. 95-486 provided that: 'The President shall appoint, by and with the advice and consent of the Senate, one additional circuit judgeship for the first circuit, two additional circuit judgeships for the second circuit, one additional circuit judgeship for the third circuit, three additional circuit judgeships for the fourth circuit, eleven additional circuit judgeships for the fifth circuit, two additional circuit judgeships for the sixth circuit, one additional circuit judgeship for the seventh circuit, one additional circuit judgeship for the eighth circuit, ten additional circuit judgeships for the ninth circuit, one additional circuit judgeship for the tenth circuit, and two additional circuit judgeships for the District of Columbia.' Section 201(a) of Pub. L. 98-353 provided that: '(1) Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals. '(2) The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985.' Section 202(a) of Pub. L. 101-650 provided that: 'The President shall appoint, by and with the advice and consent of the Senate - '(1) 2 additional circuit judges for the third circuit court of appeals; '(2) 4 additional circuit judges for the fourth circuit court of appeals; '(3) 1 additional circuit judge for the fifth circuit court of appeals; '(4) 1 additional circuit judge for the sixth circuit court of appeals; '(5) 1 additional circuit judge for the eighth circuit court of appeals; and '(6) 2 additional circuit judges for the tenth circuit court of appeals.' -EXEC- EXECUTIVE ORDER NO. 11972 Ex. Ord. No. 11972, Feb. 14, 1977, 42 F.R. 9659, as amended by Ex. Ord. No. 11993, May 24, 1977, 42 F.R. 27197, which related to the United States Circuit Judge Nominating Commission, was revoked by Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, formerly set out as a note below. EXECUTIVE ORDER NO. 12059 Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, as amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 Stat. 52455, which established the United States Circuit Judge Nominating Commission 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. -CROSS- CROSS REFERENCES Assignment of circuit judges to other circuits or courts, see section 291 et seq. of this title. Compensation not to be diminished during continuance in office, see Const., Art. 3, Sec. 1. Judges to hold office during good behavior, see Const., Art. 3, Sec. 1. Oath of judge, see section 453 of this title. Official station of circuit judges, see section 456 of this title. Retirement of judges, see section 371 et seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 992 of this title. ------DocID 36175 Document 37 of 1452------ -CITE- 28 USC Sec. 45 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 45. Chief judges; precedence of judges -STATUTE- (a)(1) The chief judge of the circuit shall be the circuit 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 circuit judge; and (C) have not served previously as chief judge. (2)(A) In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit 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 circuit 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 circuit. (B) Except as provided in subparagraph (C), a circuit 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 circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit 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 of the court which he attends. Other circuit judges of the court in regular active service 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. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends. (c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a). (d) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 871; Oct. 31, 1951, ch. 655, Sec. 35, 65 Stat. 723; Aug. 6, 1958, Pub. L. 85-593, Sec. 1, 72 Stat. 497; Apr. 2, 1982, Pub. L. 97-164, title II, Sec. 201, 204, 96 Stat. 51, 53.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 216 and 216a of title 28, U.S.C., 1940 ed. (Mar. 3, 1911, ch. 231, Sec. 120, 36 Stat. 1132; May 23, 1934, ch. 339, 48 Stat. 796). Subsection (a), providing for 'chief judge,' is new. Such term is adopted to replace the term 'senior circuit judge' in recognition of the great increase in administrative duties of such judge. Subsection (b) conforms with section 4 of this title relating to precedence of associate justices of the Supreme Court, and consolidates the provisions of the second and third sentences of section 216 of title 28, U.S.C., 1940 ed. The designation when filed in the court of appeals will not only record the transfer of function from the relieved chief judge to his successor, but will also determine the question of willingness of the successor to serve. Other provisions of section 216 of title 28, U.S.C., 1940 ed., are covered by section 47 of this title. Subsection (c) is new. Subsection (d) is based on section 216a of title 28, U.S.C., 1940 ed. The official status of the Chief Justice of the Court of Appeals for the District of Columbia holding office on the effective date of the act is preserved by section 2 of the bill to enact revised Title 28. Changes were made in phraseology. AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164, Sec. 201(a), designated existing first sentence of subsec. (a) as par. (1), substituted 'The chief judge of the circuit shall be the circuit 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 circuit judge; and (C) have not served previously as chief judge' for 'The circuit judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the circuit' in par. (1) as so designated, designated existing second sentence of subsec. (a) as par. (2)(A), substituted 'In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge' for 'If all the circuit 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 circuit judge for one year' in par. (2)(A) as so designated, and added pars. (2)(B) and (3). Subsec. (b). Pub. L. 97-164, Sec. 204, inserted 'of the court in regular active service' after 'circuit judges' in second sentence. Subsec. (c). Pub. L. 97-164, Sec. 201(b), amended subsec. (c) generally, substituting 'the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a)' for 'the circuit judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the circuit'. 1958 - Subsec. (a). Pub. L. 85-593 provided that chief judges of circuit courts cease to serve as such upon reaching the age of seventy, that the youngest circuit judge act as chief judge where all circuit judges in regular active service are seventy years or older until a judge under seventy has been appointed and qualified, and that circuit judge must have served one year before acting as chief judge. 1951 - Subsec. (a). Act Oct. 31, 1951, inserted 'in active service who is'. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1958 AMENDMENT Section 3 of Pub. L. 85-593, as amended by Pub. L. 95-486, Sec. 4, Oct. 20, 1978, 92 Stat. 1632, provided that: 'The amendments to sections 45 and 136 of title 28 of the United States Code made by this Act shall take effect at the expiration of one year from the date of enactment of this Act (Aug. 6, 1958).' SAVINGS PROVISION Section 203 of part A of title II of Pub. L. 97-164 provided that: '(a) The amendments to section 45 of title 28, United States Code, and to section 136 of such title, made by sections 201 and 202 of this Act, shall not apply to or affect any person serving as chief judge on the effective date of this Act (Oct. 1, 1982). '(b) The provisions of section 45(a) of title 28, United States Code, as in effect on the day before the effective date of this Act (Oct. 1, 1982), shall apply to the chief judge of a circuit serving on such effective date. The provisions of section 136(a) of title 28, United States Code, as in effect on the day before the effective date of this part (Oct. 1, 1982), shall apply to the chief judge of a district court serving on such effective date.' APPOINTMENT OF CHIEF JUDGE OF COURT OF APPEALS FOR THE FEDERAL CIRCUIT Section 166 of Pub. L. 97-164 provided that: 'Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States Court of Customs and Patent Appeals, whoever has served longer as chief judge of his court. Notwithstanding section 45 of title 28, United States Code, whichever of the two chief judges does not become the first chief judge of the United States Court of Appeals for the Federal Circuit under the preceding sentence shall, while in active service, have precedence and be deemed senior in commission over all the circuit judges of the United States Court of Appeals for the Federal Circuit (other than the first chief judge of that circuit). When the person who first serves as chief judge of the United States Court of Appeals for the Federal Circuit vacates that position, the position shall be filled in accordance with section 45(a) of title 28, United States Code, as modified by the preceding sentence of this section.' CHIEF JUDGE OF COURT OF APPEALS FOR DISTRICT OF COLUMBIA Section 2(a) of act June 25, 1948, provided in part that the Chief Justice of the Court of Appeals for the District of Columbia in office on Sept. 1, 1948, shall thereafter be known as the Chief Judge. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 372 of this title. ------DocID 36176 Document 38 of 1452------ -CITE- 28 USC Sec. 46 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 46. Assignment of judges; panels; hearings; quorum -STATUTE- (a) Circuit judges shall sit on the court and its panels in such order and at such times as the court directs. (b) In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel. (c) Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of Public Law 95-486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member. (d) A majority of the number of judges authorized to constitute a court or panel thereof, as provided in paragraph (c), shall constitute a quorum. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 871; Nov. 13, 1963, Pub. L. 88-176, Sec. 1(b), 77 Stat. 331; Oct. 20, 1978, Pub. L. 95-486, Sec. 5(a), (b), 92 Stat. 1633; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 103, title II, Sec. 205, 96 Stat. 25, 53.) -MISC1- HISTORICAL AND REVISION NOTES Based in part on title 28, U.S.C., 1940 ed., Sec. 212 (Mar. 3, 1911, ch. 231, Sec. 117, 36 Stat. 1131). Subsections (a)-(c) authorize the establishment of divisions of the court and provide for the assignment of circuit judges for hearings and rehearings in banc. The Supreme Court of the United States has ruled that, notwithstanding the three-judge provision of section 212 of title 28, U.S.C., 1940 ed., a court of appeals might lawfully consist of a greater number of judges, and that the five active circuit judges of the third circuit might sit in banc for the determination of an appeal. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1941, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249.) The Supreme Court in upholding the unanimous view of the five judges as to their right to sit in banc, notwithstanding the contrary opinion in Langs Estate v. Commissioner of Internal Revenue, 1938, 97 F.2d 867, said in the Textile Mills case: 'There are numerous functions of the court, as a 'court of record, with appellate jurisdiction', other than hearing and deciding appeals. Under the Judicial Code these embrace: prescribing the form of writs and other process and the form and style of its seal (28 U.S.C., Sec. 219); the making of rules and regulations (28 U.S.C., Sec. 219); the appointment of a clerk (28 U.S.C., Sec. 221) and the approval of the appointment and removal of deputy clerks (28 U.S.C., Sec. 222); and the fixing of the 'times' when court shall be held (28 U.S.C., Sec. 223). Furthermore, those various sections of the Judicial Code provide that each of these functions shall be performed by the court.' This section preserves the interpretation established by the Textile Mills case but provides in subsection (c) that cases shall be heard by a court of not more than three judges unless the court has provided for hearing in banc. This provision continues the tradition of a three-judge appellate court and makes the decision of a division, the decision of the court, unless rehearing in banc is ordered. It makes judges available for other assignments, and permits a rotation of judges in such manner as to give to each a maximum of time for the preparation of opinions. Whether divisions should sit simultaneously at the same or different places in the circuit is a matter for each court to determine. -REFTEXT- REFERENCES IN TEXT Section 6 of Public Law 95-486 (92 Stat. 1633), referred to in subsec. (c), is section 6 of Pub. L. 95-486, Oct. 20, 1978, 92 Stat. 1633, which is set out as an Appeals Court Administrative Units note under section 41 of this title. -MISC2- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164, Sec. 103(a), substituted 'panels' for 'divisions'. Subsec. (b). Pub. L. 97-164, Sec. 103(b), substituted 'panels' for 'divisions' wherever appearing and inserted provisions requiring that at least a majority of the panels of each circuit be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness, and that the United States Court of Appeals for the Federal Circuit determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and determine by rule the number of judges, not less than three, who constitute a panel. Subsec. (c). Pub. L. 97-164, Sec. 103(c), 205, inserted provision that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide and that, as an alternative to the requirement that a court in banc consist of all circuit judges in regular active service, such a court may consist of such number of judges as may be prescribed in accordance with section 6 of Public Law 95-486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member. Subsec. (d). Pub. L. 97-164, Sec. 103(d), substituted 'panel' for 'division'. 1978 - Pub. L. 95-486, Sec. 5(b), substituted 'panels' for 'divisions' in section catchline. Subsec. (c). Pub. L. 95-486, Sec. 5(a), substituted 'panel' for 'division' and struck out provision authorizing a retired circuit judge to sit as a judge of the court in banc in the rehearing of a case if he sat in the court or division in the original hearing of such case. 1963 - Subsec. (c). Pub. L. 88-176 inserted 'regular' before 'active service' wherever appearing, and provided that a retired circuit judge shall be competent to sit as a judge of the court in banc, in a rehearing if he sat in at the original hearing. EFFECTIVE DATE OF 1982 AMENDMENT 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. ------DocID 36177 Document 39 of 1452------ -CITE- 28 USC Sec. 47 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 47. Disqualification of trial judge to hear appeal -STATUTE- No judge shall hear or determine an appeal from the decision of a case or issue tried by him. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 872.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 216, and District of Columbia Code, 1940 ed., Sec. 11-205 (Feb. 9, 1893, ch. 74, Sec. 6, 27 Stat. 435; July 30, 1894, ch. 172, Sec. 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, Sec. 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, Sec. 120, 36 Stat. 1132). The provision in section 11-205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section 216 of title 28, U.S.C., 1940 ed. The consolidation simplifies the language without change of substance. References in said section 11-205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure. Said section 11-205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law. Other provisions of said section 11-205 are incorporated in section 48 of this title. The provision of section 216 of title 28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section 43 of this title. Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice. The provision of said section 216 with respect to assignment of district judges was omitted as covered by section 291 et seq. of this title. Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title. ------DocID 36178 Document 40 of 1452------ -CITE- 28 USC Sec. 48 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 48. Terms of court -STATUTE- (a) The courts of appeals shall hold regular sessions at the places listed below, and at such other places within the respective circuit as each court may designate by rule. --------------------------------------------------------------------- Circuits Places --------------------------------------------------------------------- District of Columbia Washington. First Boston. Second New York. Third Philadelphia. Fourth Richmond, Asheville. Fifth New Orleans, Fort Worth, Jackson. Sixth Cincinnati. Seventh Chicago. Eighth St. Louis, Kansas City, Omaha, St. Paul. Ninth San Francisco, Los Angeles, Portland, Seattle. Tenth Denver, Wichita, Oklahoma City. Eleventh Atlanta, Jacksonville, Montgomery. Federal District of Columbia, and in any other place listed above as the court by rule directs. ------------------------------- (b) Each court of appeals may hold special sessions at any place within its circuit as the nature of the business may require, and upon such notice as the court orders. The court may transact any business at a special session which it might transact at a regular session. (c) Any court of appeals may pretermit, with the consent of the Judicial Conference of the United States, any regular session of court at any place for insufficient business or other good cause. (d) The times and places of the sessions of the Court of Appeals for the Federal Circuit shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the court with as little inconvenience and expense to citizens as is practicable. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 872; Oct. 31, 1951, ch. 655, Sec. 36, 65 Stat. 723; Oct. 14, 1980, Pub. L. 96-452, Sec. 4, 94 Stat. 1994; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 104, 96 Stat. 26.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 223 and Sec. 11-205 District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, Sec. 6, 27 Stat. 435; July 30, 1894, ch. 172, Sec. 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, Sec. 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, Sec. 126, 36 Stat. 1132; July 17, 1916, ch. 246, 39 Stat. 385; Jan. 8, 1925, ch. 57, 43 Stat. 729; July 3, 1926, ch. 735, 44 Stat. 809; Feb. 28, 1929, ch. 363, Sec. 3, 45 Stat. 1347; May 17, 1932, ch. 190, 47 Stat. 158). This section consolidates section 223 of title 28, U.S.C., 1940 ed., with part of section 11-205 of the District of Columbia Code. Reference to San Juan as a place for holding court in the First Circuit was omitted. The revised section will permit the holding of terms at San Juan when the public interest requires. The phrase 'and at such other places within the respective circuits as may be designated by rule of court' was added to enable each court of appeals to hold such additional regular terms as changing circumstances might require. The provisions of such section 223, for furnishing suitable rooms and accommodation at Oakland City, were omitted as obsolete since the erection of a new Federal building there. The provisions as to fixed times for holding court in the Fifth Circuit was omitted as inconsistent with the practice in the other circuits. Words 'San Francisco, Los Angeles, Portland, Seattle' were substituted for 'San Francisco and two other places designated by the court' to conform with the practice in the Ninth Circuit. Changes were made in phraseology. SENATE REVISION AMENDMENT By Senate amendment, Jacksonville (Fla.) was added as a place for holding a regular session of the Court of Appeals for the Fifth Circuit. See 80th Congress Senate Report No. 1559. AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164, Sec. 104(a), (b), designated introductory provisions and table of circuits as subsec. (a) and substituted provisions directing the courts of appeals to hold regular sessions at the places listed in the table and at such other places within the circuits as each court might designate by rule, for provisions which directed that terms or sessions of courts of appeals be held annually at the places listed in the table and at such other places as the courts might designate by rule and authorized each court of appeals to hold special terms at any place within its circuit, and added to the table an item for the Federal circuit, with sessions to be held in the District of Columbia and in any other place listed elsewhere in the table as the Federal circuit court might by rule direct. Subsec. (b). Pub. L. 97-164, Sec. 104(c), added subsec. (b). Subsec. (c). Pub. L. 97-164, Sec. 104(c), designated existing provisions following table of circuits as subsec. (c) and substituted 'regular session' for 'regular term or session'. Subsec. (d). Pub. L. 97-164, Sec. 104(c), added subsec. (d). 1980 - Pub. L. 96-452 substituted 'New Orleans, Fort Worth, Jackson' for 'New Orleans, Atlanta, Fort Worth, Jacksonville, Montgomery' in item relating to fifth circuit, and added item relating to eleventh circuit. 1951 - Act Oct. 31, 1951, inserted last par. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-452 effective Oct. 1, 1981, see section 12 of Pub. L. 96-452, set out as a note under section 41 of this title. SURVEY OF JUDICIAL BUSINESS IN ALASKA Section 23(a) of Pub. L. 86-70, June 25, 1959, 73 Stat. 147, provided that: 'The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice.' -CROSS- CROSS REFERENCES Courts always open, see section 452 of this title. ------DocID 36179 Document 41 of 1452------ -CITE- 28 USC Sec. 49 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 49. Assignment of judges to division to appoint independent counsels -STATUTE- (a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court. (b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division. (c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices. (d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court. (e) Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made. (f) Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel's official duties, regardless of whether such independent counsel is still serving in that office. -SOURCE- (Added Pub. L. 95-521, title VI, Sec. 602(a), Oct. 26, 1978, 92 Stat. 1873, and amended Pub. L. 97-409, Sec. 2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99-554, title I, Sec. 144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100-191, Sec. 4, 5(a), Dec. 15, 1987, 101 Stat. 1307.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978. -MISC2- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-191, Sec. 4, inserted at end: 'The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.' Subsec. (f). Pub. L. 100-191, Sec. 5(a), substituted 'involving an independent counsel' for 'involving a independent counsel'. 1986 - Subsec. (f). Pub. L. 99-554 substituted 'chapter 40' for 'chapter 39' in two places. 1983 - Pub. L. 97-409, Sec. 2(b)(1)(B), substituted 'independent counsels' for 'special prosecutors' in section catchline. Subsec. (a). Pub. L. 97-409, Sec. 2(b)(1)(B), substituted 'independent counsels' for 'special prosecutors'. Subsec. (f). Pub. L. 97-409, Sec. 2(b)(1)(A), (C), substituted 'independent counsel' for 'special prosecutor' wherever appearing and 'independent counsel's' for 'special prosecutor's'. EFFECTIVE DATE OF 1986 AMENDMENT 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. EFFECTIVE DATE Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521, set out as a note under section 591 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 593, 595 of this title. ------DocID 36180 Document 42 of 1452------ -CITE- 28 USC CHAPTER 5 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- CHAPTER 5 - DISTRICT COURTS -MISC1- Sec. 81. Alabama. 81A. Alaska. 82. Arizona. 83. Arkansas. 84. California. 85. Colorado. 86. Connecticut. 87. Delaware. 88. District of Columbia. 89. Florida. 90. Georgia. 91. Hawaii. 92. Idaho. 93. Illinois. 94. Indiana. 95. Iowa. 96. Kansas. 97. Kentucky. 98. Louisiana. 99. Maine. 100. Maryland. 101. Massachusetts. 102. Michigan. 103. Minnesota. 104. Mississippi. 105. Missouri. 106. Montana. 107. Nebraska. 108. Nevada. 109. New Hampshire. 110. New Jersey. 111. New Mexico. 112. New York. 113. North Carolina. 114. North Dakota. 115. Ohio. 116. Oklahoma. 117. Oregon. 118. Pennsylvania. 119. Puerto Rico. 120. Rhode Island. 121. South Carolina. 122. South Dakota. 123. Tennessee. 124. Texas. 125. Utah. 126. Vermont. 127. Virginia. 128. Washington. 129. West Virginia. 130. Wisconsin. 131. Wyoming. 132. Creation and composition of district courts. 133. Appointment and number of district judges. 134. Tenure and residence of district judges. 135. Salaries of district judges. 136. Chief judges; precedence of district judges. 137. Division of business among district judges. 138. Terms abolished. 139. Times for holding regular sessions. 140. Adjournment. 141. Special sessions; places; notice. (142. Repealed.) 143. Vacant judgeship as affecting proceedings. 144. Bias or prejudice of judge. HISTORICAL AND REVISION NOTES Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945. All references to dates were omitted as unnecessary. All references to fixed terms of holding court were also omitted in order to vest in each district court a wider discretion and greater flexibility in the disposition of its business. Such times will now be determined by rule of court rather than by statute. See sections 138 and 141 of this title. AMENDMENTS 1982 - Pub. L. 97-164, title I, Sec. 115(c)(3), Apr. 2, 1982, 96 Stat. 32, struck out item 142 'Accommodations at places for holding court'. 1963 - Pub. L. 88-139, Sec. 3(a), Oct. 16, 1963, 77 Stat. 248, substituted 'Terms abolished' for 'Times for holding regular terms' in item 138, 'Times for holding regular sessions' for 'Term continued until terminated' in item 139, and 'sessions' for 'terms' in item 141. 1958 - Pub. L. 85-508, Sec. 12(a), July 7, 1958, 72 Stat. 348, added item 81A. SHORT TITLE OF 1978 AMENDMENT For short title of Pub. L. 95-408, Oct. 2, 1978, 92 Stat. 883, as 'Federal District Court Organization Act of 1978', see note set out under section 1 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE See Appendix to this title. CROSS REFERENCES Guam and Virgin Islands district courts, see sections 1424, 1424b, and 1611 et seq. of Title 48, Territories and Insular Possessions. Jurisdiction and venue of district courts, see sections 1331 et seq. and 1391 et seq. of this title. Northern Mariana Islands district court, see sections 1694 to 1694e of Title 48, Territories and Insular Possessions. Three-judge courts, composition, see section 2284 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 451, 1827, 1869 of this title; title 18 section 3006A; title 22 section 1623. ------DocID 36181 Document 43 of 1452------ -CITE- 28 USC Sec. 81 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 81. Alabama -STATUTE- Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama. NORTHERN DISTRICT (a) The Northern District comprises seven divisions. (1) The Northwestern Division comprises the counties of Colbert, Franklin, and Lauderdale. Court for the Northwestern Division shall be held at Florence. (2) The Northeastern Division comprises the counties of Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan. Court for the Northeastern Division shall be held at Huntsville and Decatur. (3) The Southern Division comprises the counties of Blount, Jefferson, and Shelby. Court for the Southern Division shall be held at Birmingham. (4) The Eastern Division comprises the counties of Calhoun, Clay, Cleburne, and Talladega. Court for the Eastern Division shall be held at Anniston. (5) The Western Division comprises the counties of Bibb, Greene, Pickens, Sumter, and Tuscaloosa. Court for the Western Division shall be held at Tuscaloosa. (6) The Middle Division comprises the counties of Cherokee, De Kalb, Etowah, Marshall, and Saint Clair. Court for the Middle Division shall be held at Gadsden. (7) The Jasper Division comprises the counties of Fayette, Lamar, Marion, Walker, and Winston. Court for the Jasper Division shall be held at Jasper. MIDDLE DISTRICT (b) The Middle District comprises three divisions. (1) The Northern Division comprises the counties of Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike. Court for the Northern Division shall be held at Montgomery. (2) The Southern Division comprises the counties of Coffee, Dale, Geneva, Henry, and Houston. Court for the Southern Division shall be held at Dothan. (3) The Eastern Division comprises the counties of Chambers, Lee, Macon, Randolph, Russell, and Tallapoosa. Court for the Eastern Division shall be held at Opelika. SOUTHERN DISTRICT (c) The Southern District comprises two divisions. (1) The Northern Division comprises the counties of Dallas, Hale, Marengo, Perry, and Wilcox. Court for the Northern Division shall be held at Selma. (2) The Southern Division comprises the counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington. Court for the Southern Division shall be held at Mobile. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 873; May 19, 1961, Pub. L. 87-36, Sec. 3(a), 75 Stat. 83.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed. Sec. 142 (Mar. 3, 1911, ch. 231, Sec. 70, 36 Stat. 1105; Feb. 28, 1913, ch. 89, 37 Stat. 698; June 27, 1922, ch. 247, 42 Stat. 667). Provisions relating to the places for the maintenance of the clerks' offices were omitted as covered by section 751 of this title, providing that deputy clerks may be designated to reside and maintain offices at such places for holding court as the judge may determine. Provisions that the offices of the court shall be kept open at all times were omitted as covered by section 452 of this title. A provision requiring the district judge for the northern district to reside at Birmingham was omitted as incongruous with section 134 of this title, requiring every district judge to reside within the district for which he is appointed. Likewise the provision of section 142 of title 28, U.S.C., 1940 ed., requiring the court to remain in session at Birmingham at least 6 months in each calendar year was omitted as unnecessary and not in harmony with provisions respecting other districts. The provisions for furnishing rooms and accommodations at Florence, Gadsden, Jasper and Opelika 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 each of these places. Changes in arrangement and phraseology were made. AMENDMENTS 1961 - Subsec. (a)(2). Pub. L. 87-36 provided for holding court at Decatur. ------DocID 36182 Document 44 of 1452------ -CITE- 28 USC Sec. 81A -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 81A. Alaska -STATUTE- Alaska constitutes one judicial district. Court shall be held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome. -SOURCE- (Added Pub. L. 85-508, Sec. 12(b), July 7, 1958, 72 Stat. 348, and amended Pub. L. 86-70, Sec. 23(b), June 25, 1959, 73 Stat. 147.) -MISC1- AMENDMENTS 1959 - Pub. L. 86-70 inserted 'Ketchikan,'. EFFECTIVE DATE OF 1959 AMENDMENT Section 12 of Pub. L. 85-508 provided in part that this section, and the amendments to sections 133, 333, 373, 376, 460, 610, 753, 1252, 1291, 1292, 1294, 1346, 1963, 2072, 2201 and 2410 of this title, section 341b of Title 5, Government Organization and Employees, and sections 3241, 3401, 3771 and 3772 of Title 18, Crimes and Criminal Procedure, are effective on the admission of Alaska into the Union. Admission as a State was accomplished Jan. 3, 1959 upon 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. See notes set out preceding section 21 of Title 48, Territories and Insular Possessions. CONTINUATION OF SUITS Section 13 of Pub. L. 85-508 provided that: 'No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. 'All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska.' APPEALS Section 14 of Pub. L. 85-508 provided that: 'All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgement has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby.' TRANSFER OF CASES Section 15 of Pub. L. 85-508 provided that: 'All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts.' SUCCESSION OF COURTS Section 16 of Pub. L. 85-508 provided that: 'Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court.' PENDING CASES Section 17 of Pub. L. 85-508 provided that: 'All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States.' TERMINATION OF JURISDICTION OF DISTRICT COURT FOR THE TERRITORY OF ALASKA Section 18 of Pub. L. 85-508 provided that: 'The provisions of the preceding sections with respect to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act (see section 8(b) of Pub. L. 85-508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions), unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Executive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section.' SCHEDULE OF FEES, MILEAGE, OR OTHER COMPENSATION Section 23(c) of Pub. L. 86-70, June 25, 1959, 73 Stat. 147, provided that: 'Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 (48 U.S.C. 25) shall continue to be exercised by him after the court created by section 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) (this section), providing for the admission of the State of Alaska into the Union, is established.' -EXEC- EX. ORD. NO. 10867. ASSUMPTION OF FUNCTIONS BY UNITED STATES DISTRICT COURT FOR DISTRICT OF ALASKA Ex. Ord. No. 10867, Feb. 20, 1960, 25 F.R. 1584, provided: WHEREAS the act of July 7, 1958, 72 Stat. 339 (set out as a note preceding section 21 of Title 48, Territories and Insular Possessions), relating to the admission of the State of Alaska into the Union, provides that the United States District Court for the Territory of Alaska shall continue to function as theretofore for a period of three years after the effective date of that act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of that act, is prepared to assume the functions imposed upon it; and WHEREAS that act further provides that its provisions relating to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of the rights of litigants in suits before such courts shall not be effective until the expiration of the above-mentioned three-year period or until such Executive order is issued; and that the tenure of the judges, the United States Attorneys, Marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function; and WHEREAS, I have appointed, by and with the advice and consent of the Senate, and commissioned the Honorable Walter N. Hodge to be United States District Judge for the District of Alaska, and he has taken his oath of office; and WHEREAS Judge Hodge has appointed an acting United States Attorney, an acting United States Marshal, and other court officers; and WHEREAS the United States District Court for the District of Alaska is now prepared to assume the functions imposed upon it: NOW, THEREFORE, by virtue of the authority vested in me by section 18 of the said act of July 7, 1958 (set out as a note above), I hereby proclaim that the United States District Court for the District of Alaska is prepared to assume the functions imposed upon it. Accordingly, the jurisdiction of the District Court for the Territory of Alaska and the tenure of the judges, the United States Attorneys, Marshals, and other officers of that court are now terminated. Dwight D. Eisenhower. ------DocID 36183 Document 45 of 1452------ -CITE- 28 USC Sec. 82 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 82. Arizona -STATUTE- Arizona constitutes one judicial district. Court shall be held at Globe, Phoenix, Prescott, and Tucson. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 874.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 143 (June 20, 1910, ch. 310, Sec. 31, 36 Stat. 576; Oct. 3, 1913, ch. 17, Sec. 1, 2, 38 Stat. 203). A provision for transfer of causes, civil or criminal, from one place for holding court to another was omitted. 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, relating to venue. A provision for making an interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, rule 77(b). A provision requiring the clerk to keep his office at the State capital was omitted as covered by section 751 of this title. Changes in arrangement and phraseology were made. ------DocID 36184 Document 46 of 1452------ -CITE- 28 USC Sec. 83 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 83. Arkansas -STATUTE- Arkansas is divided into two judicial districts to be known as the Eastern and Western Districts of Arkansas. EASTERN DISTRICT (a) The Eastern District comprises five divisions. (1) The Eastern Division comprises the counties of Cross, Lee, Monroe, Phillips, Saint Francis, and Woodruff. Court for the Eastern Division shall be held at Helena. (2) The Western Division comprises the counties of Conway, Faulkner, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, White and Yell. Court for the Western Division shall be held at Little Rock. (3) The Pine Bluff Division comprises the counties of Arkansas, Chicot, Cleveland, Dallas, Desha, Drew, Grant, Jefferson, and Lincoln. Court for the Pine Bluff Division shall be held at Pine Bluff. (4) The Northern Division comprises the counties of Cleburne, Fulton, Independence, Izard, Jackson, Sharp, and Stone. Court for the Northern Division shall be held at Batesville. (5) The Jonesboro Division comprises the counties of Clay, Craighead, Crittenden, Greene, Lawrence, Mississippi, Poinsett, and Randolph. Court for the Jonesboro Division shall be held at Jonesboro. WESTERN DISTRICT (b) The Western District comprises six divisions. (1) The Texarkana Division comprises the counties of Hempstead, Howard, Lafayette, Little River, Miller, Nevada, and Sevier. Court for the Texarkana Division shall be held at Texarkana. (2) The El Dorado Division comprises the counties of Ashley, Bradley, Calhoun, Columbia, Ouachita, and Union. Court for the El Dorado Division shall be held at El Dorado. (3) The Fort Smith Division comprises the counties of Crawford, Franklin, Johnson, Logan, Polk, Scott, and Sebastian. Court for the Fort Smith Division shall be held at Fort Smith. (4) The Harrison Division comprises the counties of Baxter, Boone, Carroll, Marion, Newton, and Searcy. Court for the Harrison Division shall be held at Harrison. (5) The Fayetteville Division comprises the counties of Benton, Madison, and Washington. Court for the Fayetteville Division shall be held at Fayetteville. (6) The Hot Springs Division comprises the counties of Clark, Garland, Hot Springs, Montgomery, and Pike. Court for the Hot Springs Division shall be held at Hot Springs. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 874; May 19, 1961, Pub. L. 87-36, Sec. 5, 75 Stat. 84.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 144 (Mar. 3, 1911, ch. 231, Sec. 71, 36 Stat. 1106; Apr. 12, 1924, ch. 87, Sec. 1, 43 Stat. 90; Feb. 17, 1925, ch. 252, 43 Stat. 948; Apr. 16, 1926, ch. 147, Sec. 1, 44 Stat. 296; Apr. 21, 1926, ch. 168, 44 Stat. 304; Feb. 7, 1928, ch. 29, Sec. 1, 45 Stat. 58; Apr. 17, 1940, ch. 100, 54 Stat. 109; June 11, 1940, ch. 321, Sec. 1, 54 Stat. 302). A provision making inoperative the terms of the last paragraph of this section, whenever court accommodations shall be provided in Federal buildings was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title, provide court accommodations therein. Provisions relating to places for maintenance of clerks' offices and requiring said offices to be kept open at all times were omitted as covered by sections 452 and 751 of this title. The provision authorizing the referee in bankruptcy for the western division of the eastern district to serve by appointment in the Hot Springs division of the western district is to be transferred to title 11, U.S.C., 1940 ed., Bankruptcy. The provision with reference to court accommodations at Fayetteville and Hot Springs was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1961 - Subsec. (a). Pub. L. 87-36 struck out from enumeration in par. (1) the parish of Desha and in par. (2) the parishes of Arkansas, Chicot, Cleveland, Dallas, Drew, Grant, Jefferson, and Lincoln, added par. (3) consisting of such parishes, and redesignated former par. (3) and (4) as (4) and (5), respectively. ------DocID 36185 Document 47 of 1452------ -CITE- 28 USC Sec. 84 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 84. California -STATUTE- California is divided into four judicial districts to be known as the Northern, Eastern, Central, and Southern Districts of California. NORTHERN DISTRICT (a) The Northern District comprises the counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma. Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose. EASTERN DISTRICT (b) The Eastern District comprises the counties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. Court for the Eastern District shall be held at Fresno, Redding, and Sacramento. CENTRAL DISTRICT (c) The Central District comprises the counties of Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura. Court for the Central District shall be held at Los Angeles and Santa Ana. SOUTHERN DISTRICT (d) The Southern District comprises the counties of Imperial and San Diego. Court for the Southern District shall be held at San Diego. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875; Mar. 18, 1966, Pub. L. 89-372, Sec. 3(a), 80 Stat. 75; Oct. 15, 1980, Pub. L. 96-462, Sec. 2, 94 Stat. 2053.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 145 and section 76 of title 16, Conservation (Mar. 3, 1911, ch. 231, Sec. 72, 36 Stat. 1107; May 16, 1916, ch. 122, 39 Stat. 122; June 2, 1920, ch. 218, Sec. 2, 41 Stat. 731; Mar. 1, 1929, ch. 421, 45 Stat. 1424). A provision relating to the place for maintenance of a clerk's office, and requiring such office to be kept open at all times, was omitted as covered by sections 452 and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1980 - Subsec. (c). Pub. L. 96-462 inserted 'and Santa Ana' after 'at Los Angeles'. 1966 - Pub. L. 89-372 expanded the number of judicial districts in California from two to four by creating an Eastern and a Central District in addition to the existing Northern and Southern Districts, removed the provisions separating the Northern and Southern Districts into divisions, transferred to the newly created Eastern Division the counties of Alpine, Almador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba from the Northern District and Fresno, Inyo Kern, Kings, Madera, Mariposa, Merced, and Tulare from the Southern District, transferred to the newly created Central District the counties of Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo, Santa Barbara, and Ventura from the Southern District, substituted Eureka, Oakland, San Francisco, and San Jose for Eureka, Sacramento, and San Francisco as places for holding court for the Northern District, removed Fresno and Los Angeles from the list of places for holding court for the Southern District leaving San Diego as the only place for holding of court in the Southern District, and provided for the holding of court in Los Angeles for the Central District and in Fresno, Redding, and Sacramento for the Eastern District. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION Section 7 of Pub. L. 96-462 provided that: '(a) This Act and the amendments made by this Act (amending sections 84, 95, 105, 113, and 124 of this title and enacting provisions set out as notes under sections 84, 95, 105, and 113 of this title) shall take effect on October 1, 1981. '(b) Nothing in this Act shall 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 (Oct. 1, 1981).' EFFECTIVE DATE OF 1966 AMENDMENT Section 3(i) of Pub. L. 89-372 provided that: 'The provisions of this section (amending this section and enacting provisions set out as a note under this section and section 133 of this title) shall become effective six months after the date of enactment of this Act (Mar. 18, 1966).' STUDY OF JUDICIAL BUSINESS IN CENTRAL DISTRICT, CALIFORNIA AND EASTERN DISTRICT, NEW YORK AND RECOMMENDATIONS FOR CREATION OF NEW JUDICIAL DISTRICTS Pub. L. 95-573, Sec. 5, Nov. 2, 1978, 92 Stat. 2458, required the Director of the Administrative Office of the United States Courts to conduct a study of the judicial business of the Central District of California and the Eastern District of New York, within one year of Nov. 2, 1978, and to make recommendations to Congress with respect to the need for creation of new judicial districts. CREATION OF EASTERN AND CENTRAL DISTRICTS: TRANSFER OF DISTRICT JUDGES; TRANSFER AND APPOINTMENT OF UNITED STATES ATTORNEYS AND UNITED STATES MARSHALS Section 3(b)-(g) of Pub. L. 89-372 provided that: '(b) The two district judges for the northern district of California holding office on the day before the effective date of this section (see Effective Date fo 1966 Amendment note above) and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California. '(c) The district judge for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section (see Effective Date of 1966 Amendment note above), shall, on and after such date, be a district judge for the eastern district of California. The two district judges for the southern district of California holding office on the day before the effective date of this section (see Effective Date of 1966 Amendment note above), and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the central district of California. '(d) Nothing in this Act (amending sections 44, 84, and 133 of this title and enacting provisions set out as notes under sections 44, 84, and 133 of this title) shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the northern district of California who are in office on the effective date of this section (see Effective Date of 1966 Amendment note above), and who shall be during the remainder of their present terms of office the United States attorney and marshal for such district as constituted by this Act. '(e) Nothing in this Act (amending sections 44, 84, and 133 of this title and enacting provisions set out as notes under sections 44, 84, and 133 of this title) shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the southern district of California who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the central district of California. '(f) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the southern district of California. '(g) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the eastern district of California.' ------DocID 36186 Document 48 of 1452------ -CITE- 28 USC Sec. 85 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 85. Colorado -STATUTE- Colorado constitutes one judicial district. Court shall be held at Boulder, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 409, 98 Stat. 3362.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 146 (Mar. 3, 1911, ch. 231, Sec. 73, 36 Stat. 1108; June 12, 1916, ch. 143, 39 Stat. 225; May 29, 1924, ch. 209, 43 Stat. 243). A provision for furnishing rooms and accommodations at Sterling was omitted as obsolete upon advice from the Director of the Administrative Office of the United States Courts that Federal accommodations are now available. A provision authorizing adjournment at Denver when there is not business for terms at other places, is incorporated in section 138 of this title. Provisions as to clerk's and marshal's deputies and maintenance of offices were deleted as covered by sections 541 (see 561), 542 (see 561), and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1984 - Pub. L. 98-620 provided for holding court at Boulder. EFFECTIVE DATE OF 1984 AMENDMENT Section 411 of Pub. L. 98-620 provided that: '(a) The amendments made by this subtitle (subtitle B (Sec. 404-411) of title IV of Pub. L. 98-620, amending sections 85, 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 1, 90, 93, and 124 of this title) shall take effect on January 1, 1985. '(b) The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle (Jan. 1, 1985).' ------DocID 36187 Document 49 of 1452------ -CITE- 28 USC Sec. 86 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 86. Connecticut -STATUTE- Connecticut constitutes one judicial district. Court shall be held at Bridgeport, Hartford, New Haven, New London, and Waterbury. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875; May 19, 1961, Pub. L. 87-36, Sec. 3(b), 75 Stat. 83; Sept. 7, 1966, Pub. L. 89-558, 80 Stat. 705.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 147 (Mar. 3, 1911, ch. 231, Sec. 74, 36 Stat. 1108; Feb. 27, 1921, ch. 74, 41 Stat. 1146; June 15, 1933, ch. 80, 48 Stat. 148; Dec. 28, 1945, ch. 599, 59 Stat. 663). Changes in arrangement and phraseology were made. AMENDMENTS 1966 - Pub. L. 89-558 provided for holding court at New London. 1961 - Pub. L. 87-36 provided for holding court at Bridgeport and Waterbury. ------DocID 36188 Document 50 of 1452------ -CITE- 28 USC Sec. 87 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 87. Delaware -STATUTE- Delaware constitutes one judicial district. Court shall be held at Wilmington. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 148 (Mar. 3, 1911, ch. 231, Sec. 75, 36 Stat. 1108). Minor changes in phraseology were made. ------DocID 36189 Document 51 of 1452------ -CITE- 28 USC Sec. 88 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 88. District of Columbia -STATUTE- The District of Columbia constitutes one judicial district. Court shall be held at Washington. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875.) -MISC1- HISTORICAL AND REVISION NOTES This section expressly makes the District of Columbia a judicial district of the United States. Section 41 of this title also makes the District of Columbia a judicial circuit of the United States. Section 11-305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States. It is consonant with the ruling of the Supreme Court in O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals 'shall hereafter be known as the United States Court of Appeals for the District of Columbia' (Act of June 7, 1934, 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia to 'district court of the United States for the District of Columbia' (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972, the Supreme Court ruled: '* * * The parallelism between the Supreme Court of the District (of Columbia) and the Court of Appeals of the District (of Columbia), on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete.' See also to the same effect Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808. ------DocID 36190 Document 52 of 1452------ -CITE- 28 USC Sec. 89 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 89. Florida -STATUTE- Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida. NORTHERN DISTRICT (a) The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington. Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee. MIDDLE DISTRICT (b) The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia. Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa. SOUTHERN DISTRICT (c) The Southern District comprises the counties of Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie. Court for the Southern District shall be held at Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66 Stat. 757; May 19, 1961, Pub. L. 87-36, Sec. 3(f), 75 Stat. 83; July 30, 1962, Pub. L. 87-562, Sec. 1, 76 Stat. 247; June 2, 1970, Pub. L. 91-272, Sec. 10, 84 Stat. 298; Oct. 2, 1978, Pub. L. 95-408, Sec. 4(a), 92 Stat. 884; Nov. 19, 1988, Pub. L. 100-702, title X, Sec. 1021(a), 102 Stat. 4672.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 149 (Mar. 3, 1911, ch. 231, Sec. 76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147; Aug. 25, 1937, ch. 763, Sec. 1, 50 Stat. 800). A provision requiring rooms and accommodations to be furnished at Orlando without cost to the United States was omitted as obsolete, upon advice of the Director of the Administrative Office for the United States Courts that Federal accommodations are now available in Orlando. A provision requiring court to be open at all times was omitted as covered by section 452 of this title. A provision that no deputy clerk or deputy marshal should be appointed at Fort Pierce, was omitted as incongruous with other sections of this title. See sections 541 (see 561), 542 (see 561), and 751 of this title. The provision respecting court accommodations at Fort Pierce and Panama City was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-702, Sec. 1021(a)(1), added Collier, Glades, and Hendry to the counties comprising the Middle District. Subsec. (c). Pub. L. 100-702, Sec. 1021(a)(2), struck out Collier, Glades, and Hendry from the counties comprising the Southern District. 1978 - Subsec. (a). Pub. L. 95-408, Sec. 4(a)(1), added Madison to the counties comprising the Northern District. Subsec. (b). Pub. L. 95-408, Sec. 4(a)(2), struck out Madison from the counties comprising the Middle District. 1970 - Subsec. (c). Pub. L. 91-272 provided for holding court at Fort Lauderdale. 1962 - Pub. L. 87-562 struck out provisions which authorized court for the Northern District to be held at Live Oak, and for the Southern District at Fernandina, Fort Myers, Jacksonville, Ocala, Orlando, and Tampa, and removed the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval, Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Lee, Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Saint Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia from the Southern District and created the Middle District to comprise such counties. 1961 - Subsec. (a). Pub. L. 87-36 provided for holding court at Live Oak. 1952 - Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach. EFFECTIVE DATE OF 1988 AMENDMENT Section 1021(b), (c) of title X of Pub. L. 100-702 provided that: '(b) Effective Date. - (1) The amendments made by this section (amending this section) shall take effect 90 days after the date of enactment of this title (Nov. 19, 1988). '(2) The amendments made by subsection (a) (amending this section) shall apply to any action commenced in the United States District Court for the Middle District of Florida, or in the United States District Court for the Southern District of Florida, on or after the effective date of this title (probably should be effective date of this section), and shall not affect any action pending in either such court on such effective date. '(c) Juries. - The amendments made by this section (amending this section) 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 this title (probably should be effective date of this section).' EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION Section 5 of Pub. L. 95-408 provided that: '(a) The amendments made by this Act (amending this section and sections 93, 97, 98, 104, 112, 114, and 133 of this title and enacting provisions set out as a note under section 81 of this title) shall take effect 180 days after the date of enactment of this Act (Oct. 2, 1978). '(b) Nothing in this Act shall 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.' EFFECTIVE DATE OF 1962 AMENDMENT Section 5 of Pub. L. 87-562 provided that: 'This Act (amending this section and section 133 of this title and enacting provisions set out as notes under sections 89 and 142 of this title) shall become effective ninety days after the date of enactment (July 30, 1962).' DISTRICT JUDGES, UNITED STATES ATTORNEYS, AND UNITED STATES MARSHALS DESIGNATIONS; TENURE; APPOINTMENTS Section 2 of Pub. L. 87-562 provided that: '(a) The district judge appointed September 26, 1950, the district judge appointed August 13, 1955, and the district judge appointed March 8, 1961, all for the Southern District of Florida, shall hereafter be designated as district judges for the Middle District of Florida. '(b) The district judge for the Northern and Southern Districts of Florida shall hereafter be designated as the district judge for the Northern, Middle, and Southern Districts of Florida. '(c) Nothing in this Act (amending this section and section 133 of this title, and enacting provisions set out as notes under this section and section 142 of this title) shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Northern District of Florida who are in office at the time of the enactment of this Act (July 30, 1962), and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for such district as constituted by this Act. '(d) Nothing in this Act (amending sections 89 and 133 of this title, and enacting provisions set out as notes under sections 89 and 142 of this title) shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Southern District of Florida who are in office at the time of the enactment of this Act (July 30, 1962), and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for the Middle District of Florida as constituted by this Act. '(e) The President is authorized to appoint, by and with the advice and consent of the Senate, a United States Attorney and a United States Marshal for the Southern District of Florida.' ELIMINATION OF DISTRICT JUDGESHIP FOR NORTHERN, MIDDLE, AND SOUTHERN DISTRICTS OF FLORIDA District judgeship for northern, middle, and southern districts changed to district judgeship for middle district only, see section 2(b) of Pub. L. 89-372, set out as a note under section 133 of this title. ------DocID 36191 Document 53 of 1452------ -CITE- 28 USC Sec. 90 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 90. Georgia -STATUTE- Georgia is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Georgia. NORTHERN DISTRICT (a) The Northern District comprises four divisions. (1) The Gainesville Division comprises the counties of Banks, Barrow, Dawson, Fannin, Forsyth, Gilmer, Habersham, Hall, Jackson, Lumpkin, Pickens, Rabun, Stephens, Towns, Union, and White. Court for the Gainesville Division shall be held at Gainesville. (2) The Atlanta Division comprises the counties of Cherokee, Clayton, Cobb, De Kalb, Douglas, Fulton, Gwinnett, Henry, Newton, and Rockdale. Court for the Atlanta Division shall be held at Atlanta. (3) The Rome Division comprises the counties of Bartow, Catoosa, Chattooga, Dade, Floyd, Gordon, Murray, Paulding, Polk, Walker, and Whitfield. Court for the Rome Division shall be held at Rome. (4) The Newnan Division comprises the counties of Carroll, Coweta, Fayette, Haralson, Heard, Meriwether, Pike, Spalding, and Troup. Court for the Newnan Division shall be held at Newnan. MIDDLE DISTRICT (b) The Middle District comprises seven divisions. (1) The Athens Division comprises the counties of Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan, Oconee, Oglethorpe, and Walton. Court for the Athens Division shall be held at Athens. (2) The Macon Division comprises the counties of Baldwin, Bibb, Bleckley, Butts, Crawford, Hancock, Houston, Jasper, Jones, Lamar, Monroe, Peach, Pulaski, Putnam, Twiggs, Upson, Washington, and Wilkinson. Court for the Macon Division shall be held at Macon. (3) The Columbus Division comprises the counties of Chattahoochee, Clay, Harris, Marion, Muscogee, Quitman, Randolph, Stewart, Talbot, and Taylor. Court for the Columbus Division shall be held at Columbus. (4) The Americus Division comprises the counties of Ben Hill, Crisp, Dooly, Lee, Macon, Schley, Sumter, Terrell, Webster, and Wilcox. Court for the Americus Division shall be held at Americus. (5) The Albany Division comprises the counties of Baker, Calhoun, Dougherty, Early, Miller, Mitchell, Turner, and Worth. Court for the Albany Division shall be held at Albany. (6) The Valdosta Division comprises the counties of Berrien, Clinch, Cook, Echols, Irwin, Lanier, Lowndes, and Tift. Court for the Valdosta Division shall be held at Valdosta. (7) The Thomasville Division comprises the counties of Brooks, Colquitt, Decatur, Grady, Seminole, and Thomas. Court for the Thomasville Division shall be held at Thomasville. SOUTHERN DISTRICT (c) The Southern District comprises six divisions. (1) The Augusta Division comprises the Counties of Burke, Columbia, Glascock, Jefferson, Lincoln, McDuffie, Richmond, Taliaferro, Warren, and Wilkes. Court for the Augusta Division shall be held at Augusta. (2) The Dublin Division comprises the counties of Dodge, Johnson, Laurens, Montgomery, Telfair, Treutlen, and Wheeler. Court for the Dublin Division shall be held at Dublin. (3) The Savannah Division comprises the counties of Bryan, Chatham, Effingham, and Liberty. Court for the Savannah Division shall be held at Savannah. (4) The Waycross Division comprises the counties of Atkinson, Bacon, Brantley, Charlton, Coffee, Pierce, and Ware. Court for the Waycross Division shall be held at Waycross. (5) The Brunswick Division comprises the counties of Appling, Camden, Glynn, Jeff Davis, Long, McIntosh, and Wayne. Court for the Brunswick Division shall be held at Brunswick. (6) The Statesboro Division comprises the counties of Bulloch, Candler, Emanuel, Evans, Jenkins, Screven, Tattnall, and Toombs. Court for the Statesboro Division shall be held at Statesboro. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 876; Aug. 16, 1949, ch. 444, 63 Stat. 610; Oct. 31, 1951, ch. 655, Sec. 36a, 65 Stat. 723; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 408(a)-(c), 98 Stat. 3362; Nov. 14, 1986, Pub. L. 99-657, Sec. 3, 100 Stat. 3670.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 150 (Mar. 3, 1911, ch. 231, Sec. 77, 36 Stat. 1108; May 28, 1926, ch. 414, Sec. 1, 2, 44 Stat. 670; Aug. 22, 1935, ch. 603, Sec. 1-3, 49 Stat. 680, 681; June 20, 1936, ch. 639, 49 Stat. 1561; Aug. 21, 1937, ch. 728, Sec. 1, 2, 50 Stat. 739, 740; Mar. 6, 1942, ch. 153, Sec. 1-3, 56 Stat. 139; Oct. 29, 1945, ch. 435, 59 Stat. 550). Provisions for furnishing rooms and accommodations at Americus and Dublin 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 each of those places. The provisions respecting court accommodations at Brunswick, Newnan, or Thomasville were omitted as covered by section 142 of this title. Since the latest amendment of section 150 of title 28, U.S.C., 1940 ed., the former counties of Campbell and Milton were merged with Fulton County in the Atlanta Division of the Northern District. Changes in arrangement and phraseology were made. AMENDMENTS 1986 - Subsec. (c)(1). Pub. L. 99-657, Sec. 3(1), substituted 'Jefferson, Lincoln' for 'Lincoln'. Subsec. (c)(3). Pub. L. 99-657, Sec. 3(2), substituted 'and Liberty' for 'Evans, Liberty, Screven, and Tattnall'. Subsec. (c)(6). Pub. L. 99-657, Sec. 3(3), substituted 'Evans, Jenkins, Screven, Tattnall' for 'Jefferson, Jenkins'. 1984 - Subsec. (a)(1). Pub. L. 98-620, Sec. 408(a), added Fannin, Gilmer, and Pickens to the counties comprising the Gainesville Division of the Northern District. Subsec. (a)(2). Pub. L. 98-620, Sec. 408(b), struck out Fannin, Gilmer, and Pickens from the counties comprising the Atlanta Division of the Northern District. Subsec. (c)(6). Pub. L. 98-620, Sec. 408(c), substituted 'Statesboro' for 'Swainsboro' in three places. 1951 - Subsec. (c)(6). Act Oct. 31, 1951, struck out 'Washington,'. 1949 - Subsec. (c). Act Aug. 16, 1949, created a Swainsboro division and provided for holding court there. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-657 effective 90 days after Nov. 14, 1986, and not to affect any action commenced before and pending on such effective date, or to affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on such date, see section 4 of Pub. L. 99-657, set out as a note under section 121 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Section 408(d) of Pub. L. 98-620 provided that: 'The amendments made by this section (amending this section) shall apply to any action commenced in the United States District Court for the Northern District of Georgia 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. ------DocID 36192 Document 54 of 1452------ -CITE- 28 USC Sec. 91 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 91. Hawaii -STATUTE- Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island: Provided, That the inclusion of Canton and Enderbury Islands in such judicial district shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common. Court shall be held at Honolulu. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 877; May 24, 1949, ch. 139, Sec. 64a, 63 Stat. 99; Mar. 18, 1959, Pub. L. 86-3, Sec. 14(i), 73 Stat. 11; July 12, 1960, Pub. L. 86-624, Sec. 19, 74 Stat. 416.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 641 and 642a of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; July 9, 1921, ch. 42, Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Aug. 13, 1940, ch. 662, 54 Stat. 784). Section consolidates parts of sections 641 and 642a of title 48, U.S.C., 1940 ed. The provisions of section 641 of title 48, U.S.C., 1940 ed., with reference to regular and special terms and the times of holding same were omitted as covered by sections 138 and 141 of this title. Provisions of section 642a of title 48, U.S.C., 1940 ed., relating to jurisdiction of civil actions and criminal offenses, were omitted as covered by the general jurisdictional provisions of this title and revised title 18 (H. R. 3190, 80th Cong.). Provisions of section 642a of title 48, U.S.C., 1940 ed., as to appeals were omitted as covered by section 1295 of this title. Provisions of said section 642a with reference to juries and jury trials were omitted as covered by chapter 121 of this title. Other provisions of section 641 of title 48, U.S.C., 1940 ed., are incorporated in sections 132 and 133 of this title. Changes were made in phraseology. AMENDMENTS 1960 - Pub. L. 86-624 struck out Kure Island. 1959 - Pub. L. 86-3 included Palmyra Island. 1949 - Act May 24, 1949, inserted provisions relating to inclusion of Canton and Enderbury Islands. EFFECTIVE DATE OF 1959 AMENDMENT Section 14 of Pub. L. 86-3 provided that the amendments of sections 91, 373, 1252, 1293, and 1294 of this title, sections 3771 and 3772 of Title 18, Crimes and Criminal Procedure, and section 644a of Title 48, Territories and Insular Possessions, the repeal of sections 536, 539, 634, 634a, and 645 of title 48, and notes set out under sections 371 and 373 of this title, are effective on admission of the State of Hawaii into the Union. See Admission of Hawaii as State note below. CANTON AND ENDERBURY ISLANDS; SOVEREIGNTY OF KIRIBATI By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983, the United States recognized the sovereignty of Kiribati over Canton Island and Enderbury Island. ADMISSION OF HAWAII AS STATE 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 section 491 of Title 48, Territories and Insular Possessions. COURT OF THE UNITED STATES; DISTRICT JUDGES Section 9(a) of Pub. L. 86-3 provided that: 'The United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall thence forth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however, That the terms of office of the district judges for the district of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior.' Section 9 of Pub. L. 86-3 provided in part that subsec. (a) of that section should be effective upon the admission of the State of Hawaii into the Union. CONTINUATION OF SUITS Section 12 of Pub. L. 86-3 provided that: 'No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law. 'All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii.' APPEALS Section 13 of Pub. L. 86-3 provided that: 'Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union.' EXTENSION OF JURISDICTION OF UNITED STATES DISTRICT COURT FOR DISTRICT OF HAWAII AND OF CIVIL AND CRIMINAL LAWS TO MIDWAY, WAKE, JOHNSON, SAND, ETC., ISLANDS The jurisdiction of the United States District Court for the District of Hawaii and the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States were extended to the Midway Islands, Wake, Johnson, Sand, etc., Islands by section 644a of Title 48, Territories and Insular Possessions. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Application of rules, see note by Advisory Committee under rule 54, Title 18, Appendix, Crimes and Criminal Procedure. ------DocID 36193 Document 55 of 1452------ -CITE- 28 USC Sec. 92 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 92. Idaho -STATUTE- Idaho, exclusive of Yellowstone National Park, constitutes one judicial district. Court shall be held at Boise, Coeur d'Alene, Moscow, and Pocatello. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 877; June 2, 1970, Pub. L. 91-272, Sec. 5, 84 Stat. 297.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 151 (Mar. 3, 1911, ch. 231, Sec. 78, 36 Stat. 1109; May 11, 1939, ch. 121, 53 Stat. 738). All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Idaho are accordingly excluded from the judicial district of Idaho. A provision as to the places for maintenance of the clerk's offices, and requiring that they be open at all times, was omitted as covered by sections 452-751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1970 - Pub. L. 91-272 struck out provisions which had divided the judicial district of Idaho into a Northern Division, a Central Division, a Southern Division, and an Eastern Division. ------DocID 36194 Document 56 of 1452------ -CITE- 28 USC Sec. 93 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 93. Illinois -STATUTE- Illinois is divided into three judicial districts to be known as the Northern, Central, and Southern Districts of Illinois. NORTHERN DISTRICT (a) The Northern District comprises two divisions. (1) The Eastern Division comprises the counties of Cook, Du Page, Grundy, Kane, Kendall, Lake, La Salle, and Will. Court for the Eastern Division shall be held at Chicago. (2) The Western Division comprises the counties of Boone, Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, and Winnebago. Court for the Western Division shall be held at Freeport and Rockford. CENTRAL DISTRICT (b) The Central District comprises the counties of Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Kankakee, Knox, Livingston, Logan, McDonough, McLean, Macoupin, Macon, Marshall, Mason, Menard, Mercer, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Putnam, Rock Island, Sangamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion, Warren, and Woodford. Court for the Central District shall be held at Champaign/Urbana, Danville, Peoria, Quincy, Rock Island, and Springfield. SOUTHERN DISTRICT (c) The Southern District comprises the counties of Alexander, Bond, Calhoun, Clark, Clay, Clinton, Crawford, Cumberland, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Jersey, Johnson, Lawrence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wabash, Washington, Wayne, White, and Williamson. Court for the Southern District shall be held at Alton, Benton, Cairo, and East Saint Louis. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 878; Aug. 10, 1950, ch. 675, Sec. 1, 64 Stat. 438; May 19, 1961, Pub. L. 87-36, Sec. 3(c), 75 Stat. 83; June 2, 1970, Pub. L. 91-272, Sec. 8, 84 Stat. 297; Oct. 2, 1978, Pub. L. 95-408, Sec. 4(b)(1), 92 Stat. 884; Nov. 2, 1978, Pub. L. 95-573, Sec. 1, 92 Stat. 2458; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 406(a), (c), 98 Stat. 3361.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 152 (Mar. 3, 1911, ch. 231, Sec. 79, 36 Stat. 1110; Aug. 12, 1937, ch. 594, 50 Stat. 624; June 6, 1940, ch. 247, 54 Stat. 237). Provisions relating to appointment of deputy marshals and maintenance of offices by deputy marshals and deputy clerks were omitted as covered by sections 452, 541 (see 561), 542 (see 561), and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1984 - Subsec. (a)(1). Pub. L. 98-620, Sec. 406(a)(1), struck out De Kalb and McHenry from the counties comprising the Eastern Division of the Northern District. Subsec. (a)(2). Pub. L. 98-620, Sec. 406(a)(2), added De Kalb and McHenry to the counties comprising the Western Division of the Northern District. Subsec. (b). Pub. L. 98-620, Sec. 406(c), provided for holding court at Champaign/Urbana. 1978 - Pub. L. 95-408 substituted in introductory provisions 'Northern, Central, and Southern Districts of Illinois' for 'Northern, Southern, and Eastern Districts of Illinois'. Subsec. (a)(1). Pub. L. 95-573, Sec. 1(1), struck out Kankakee from the counties comprising the Eastern Division of the Northern District. Pub. L. 95-408 added Kankakee to the counties comprising the Eastern Division of the Northern District. Subsec. (b). Pub. L. 95-573, Sec. 1(2), added Kankakee to the counties comprising the Central District. Pub. L. 95-408 substituted 'Central District' for 'Southern District' in heading, struck out subsec. (b)(1) and (2) designations, which divided Southern District into a Northern and Southern Division, and in such newly created Central District, added counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, and Vermilion to, and struck out counties of Bond, Calhoun, Jersey, and Madison from, those counties comprising the new Central District, and substituted provisions for holding of a term of Court for Central District at Danville, Peoria, Quincy, Rock Island, and Springfield for provisions for holding of a term of Court for Northern Division of the former Southern District at Peoria and Rock Island and for Southern Division of former Southern District at Alton, Quincy, and Springfield. Subsec. (c). Pub. L. 95-408 substituted 'Southern District' for 'Eastern District' in heading, and in such Southern District added counties of Bond, Calhoun, Jersey, and Madison to, and struck out counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kankakee, Moultrie, Piatt, Shelby and Vermilion from, those counties comprising Southern District, and substituted provisions for holding of a term of Court for Southern District at Alton, Benton, Cairo, and East Saint Louis for provisions for holding of a term of Court for Eastern District at Benton, Cairo, Danville, and East Saint Louis. 1970 - Subsec. (a)(2). Pub. L. 91-272 provided for holding court at Rockford. 1961 - Subsec. (b)(2). Pub. L. 87-36 provided for holding court at Alton. 1950 - Subsec. (b)(1). Act Aug. 10, 1950, provided for holding court at Rock Island. EFFECTIVE DATE OF 1984 AMENDMENT Section 406(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 Northern District of Illinois 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. EFFECTIVE DATE OF 1978 AMENDMENT Section 6 of Pub. L. 95-573, as amended by Pub. L. 96-4, Sec. 2, Mar. 30, 1979, 93 Stat. 7, provided that: '(a) Except as provided in subsection (b) of this section, the provisions of this Act (amending this section and sections 99, 112, and 118 of this title and enacting a provision set out as a note under section 84 of this title) shall take effect 180 days after the date of enactment of this Act (Nov. 2, 1978). '(b)(1) The provisions of section 5 of this Act (set out as a note under section 84 of this title) shall take effect on the date of enactment of this Act (Nov. 2, 1978). '(2) The provisions of the first section of this Act (amending this section) shall take effect on March 31, 1979. '(c) Nothing in this Act (amending this section and sections 99, 112, and 118 of this title and enacting provisions set out as a note under section 84 of this title) shall 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.' EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. DISTRICT JUDGES, UNITED STATES ATTORNEYS, ASSISTANT UNITED STATES ATTORNEYS, AND UNITED STATES MARSHALS FOR CENTRAL AND SOUTHERN DISTRICTS; DESIGNATION; TENURE; APPOINTMENT; GRAND JURY Pub. L. 95-408, Sec. 4(b)(2)-(4), as added Pub. L. 96-4, Sec. 1, Mar. 30, 1979, 93 Stat. 6, provided that: '(2) The district judge for the Eastern District of Illinois in office on the effective date of this Act (180 days after Oct. 2, 1978) who is senior in commission shall, on and after the effective date of this Act, be a district judge for the Southern District of Illinois. The remaining district judge for the Eastern District of Illinois who is in office on the effective date of this Act and the district judges for the Southern District of Illinois who are in office on the effective date of this Act shall, on and after the effective date of this Act, be district judges for the Central District of Illinois. The President shall appoint, by and with the advice and consent of the Senate, a second district judge for the Southern District of Illinois. '(3) This section does not in any manner affect the tenure of the United States attorney, the assistant United States attorneys, or the United States marshal for the Eastern District of Illinois or for the Southern District of Illinois who are in office on the effective date of this Act (180 days after Oct. 2, 1978). The United States attorney, the assistant United States attorneys, and the United States marshal for the Eastern District and for the Southern District of Illinois shall, on the effective date of this Act, become the United States attorney, the assistant United States attorneys, and the United States marshal for the Southern District and for the Central District of Illinois, respectively. '(4) Notwithstanding section 3240 of title 18, United States Code, any grand jury impaneled on or after the effective date of this Act (180 days after Oct. 2, 1978) by a district court for the Central District or the Southern District of Illinois may inquire into and return indictments charging offenses against the criminal laws of the United States alleged to have been committed anywhere within the territory of the respective judicial districts as such districts were constituted before or after the effective date of this Act.' ------DocID 36195 Document 57 of 1452------ -CITE- 28 USC Sec. 94 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 94. Indiana -STATUTE- Indiana is divided into two judicial districts to be known as the Northern and Southern Districts of Indiana. NORTHERN DISTRICT (a) The Northern District comprises three divisions. (1) The Fort Wayne Division comprises the counties of Adams, Allen, Blackford, De Kalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley. Court for the Fort Wayne Division shall be held at Fort Wayne. (2) The South Bend Division comprises the counties of Cass, Elkhart, Fulton, Kosciusko, La Porte, Marshall, Miami, Pulaski, St. Joseph, Starke, and Wabash. Court for the South Bend Division shall be held at South Bend. (3) The Hammond Division comprises the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White. Court for the Hammond Division shall be held at Hammond and Lafayette. SOUTHERN DISTRICT (b) The Southern District comprises four divisions. (1) The Indianapolis Division comprises the counties of Bartholomew, Boone, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tipton, Union, and Wayne. Court for the Indianapolis Division shall be held at Indianapolis and Richmond. (2) The Terre Haute Division comprises the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo. Court for the Terre Haute Division shall be held at Terre Haute. (3) The Evansville Division comprises the counties of Davies, Dubois, Gibson, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick. Court for the Evansville Division shall be held at Evansville. (4) The New Albany Division comprises the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington. Court for the New Albany Division shall be held at New Albany. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 878; Feb. 10, 1954, ch. 6, Sec. 2(b)(7), 68 Stat. 11; June 2, 1970, Pub. L. 91-272, Sec. 9, 84 Stat. 298.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 153 (Mar. 3, 1911, ch. 231, Sec. 80, 36 Stat. 1110; Apr. 21, 1928, ch. 393, 45 Stat. 437). Words 'when the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin on the next day following,' were omitted as within the discretion of the court and coverable by rule of court. A provision that terms should not be limited to any particular number of days, and that a term about to commence in another division might be adjourned until the business of the court in session was concluded, was omitted as covered by section 140 of this title. A provision authorizing indictments for offenses committed in divisions other than that wherein a grand jury is sitting was omitted as covered by Federal Rules of Criminal Procedure, Rules 6, 7. Provisions as to maintenance of clerks' offices were omitted as covered by sections 452 and 751 of this title. The following provisions were omitted as either executed or covered by section 501 (now 541) et seq. and section 541 (now 561) et seq. of this title, containing similar provisions as to United States attorneys and marshals: 'A. The senior district judge for the district of Indiana in office immediately prior to April 21, 1928, shall be the district judge for the southern district as constituted by this section; the junior district judge for the district of Indiana immediately prior to April 21, 1928, shall be the district judge for the northern district as constituted by this section; and the district attorney and marshal for the district of Indiana in office immediately prior to April 21, 1928, shall be during the remainder of their present terms of office the district attorney and marshal for the southern district as constituted by this section. 'B. The President is authorized and directed to appoint, by and with the advice and consent of the Senate, a district attorney and a marshal for the United States District Court for the Northern District of Indiana.' Changes in arrangement and phraseology were made. AMENDMENTS 1970 - Subsec. (b)(1). Pub. L. 91-272 provided for holding court at Richmond. 1954 - Subsec. (a)(3). Act Feb. 10, 1954, provided for holding court at Lafayette. ------DocID 36196 Document 58 of 1452------ -CITE- 28 USC Sec. 95 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 95. Iowa -STATUTE- Iowa is divided into two judicial districts to be known as the Northern and Southern Districts of Iowa. NORTHERN DISTRICT (a) The Northern District comprises four divisions. (1) The Cedar Rapids Division comprises the counties of Benton, Cedar, Grundy, Hardin, Iowa, Jones, Linn, and Tama. Court for the Cedar Rapids Division shall be held at Cedar Rapids. (2) The Eastern Division comprises the counties of Allamakee, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Floyd, Howard, Jackson, Mitchell, and Winneshiek. Court for the Eastern Division shall be held at Dubuque and Waterloo. (3) The Western Division comprises the counties of Buena Vista, Cherokee, Clay, Crawford, Dickinson, Ida, Lyon, Monona, O'Brien, Osceola, Plymouth, Sac, Sioux, and Woodbury. Court for the Western Division shall be held at Sioux City. (4) The Central Division comprises the counties of Butler, Calhoun, Carroll, Cerro Gordo, Emmet, Franklin, Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahontas, Webster, Winnebago, Worth and Wright. Court for the Central Division shall be held at Fort Dodge and Mason City. SOUTHERN DISTRICT (b) The Southern District comprises six divisions. (1) The Central Division comprises the counties of Boone, Dallas, Greene, Guthrie, Jasper, Madison, Marion, Marshall, Polk, Poweshiek, Story, and Warren. Court for the Central Division shall be held at Des Moines. (2) The Eastern Division comprises the counties of Des Moines, Henry, Lee, Louisa, and Van Buren. Court for the Eastern Division shall be held at Keokuk. (3) The Western Division comprises the counties of Audubon, Cass, Fremont, Harrison, Mills, Montgomery, Page, Pottawattamie, and Shelby. Court for the Western Division shall be held at Council Bluffs. (4) The Southern Division comprises the counties of Adair, Adams, Clarke, Decatur, Lucas, Ringgold, Taylor, Union, and Wayne. Court for the Southern Division shall be held at Creston. (5) The Davenport Division comprises the counties of Clinton, Johnson, Muscatine, Scott, and Washington. Court for the Davenport Division shall be held at Davenport. (6) The Ottumwa Division comprises the counties of Appanoose, Davis, Jefferson, Keokuk, Mahaska, Monroe, and Wapello. Court for the Ottumwa Division shall be held at Ottumwa. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 877; Oct. 15, 1980, Pub. L. 96-462, Sec. 3(a), 94 Stat. 2053.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 156 and 156a (Mar. 3, 1911, ch. 231, Sec. 81, 36 Stat. 1111; Mar. 3, 1913, ch. 122, 37 Stat. 734; Feb. 23, 1916, ch. 32, 39 Stat. 12; Apr. 27, 1916, ch. 90, 39 Stat. 55; Mar. 4, 1923, ch. 256, 42 Stat. 1483; Jan. 28, 1925, ch. 104, 43 Stat. 794; July 5, 1937, ch. 428, 50 Stat. 474). A provision relating to the maintenance of clerk's office was omitted as covered by section 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1980 - Subsec. (b)(3). Pub. L. 96-462, Sec. 3(a)(1), added Fremont and Page counties to Western Division of Southern District. Subsec. (b)(4). Pub. L. 96-462, Sec. 3(a)(2), struck out references to Fremont and Page counties in list of counties comprising Southern Division of Southern District. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION 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 3(b) of Pub. L. 96-462 provided that: 'The amendments made by subsection (a) (amending this section) shall not apply to any action commenced before the effective date of such amendments (Oct. 1, 1981) and pending in the United States District Court for the Southern District of Iowa on such date.' ------DocID 36197 Document 59 of 1452------ -CITE- 28 USC Sec. 96 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 96. Kansas -STATUTE- Kansas constitutes one judicial district. Court shall be held at Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 880; Aug. 27, 1949, ch. 516, 63 Stat. 666; Oct. 27, 1986, Pub. L. 99-554, title I, Sec. 141, 100 Stat. 3096.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 157 (Mar. 3, 1911, ch. 231, Sec. 82, 36 Stat. 1112; Sept. 6, 1916, ch. 447, 39 Stat. 725; June 7, 1924, ch. 319, 43 Stat. 607; June 13, 1938, ch. 349, 52 Stat. 673). Provisions as to the appointment and residence of deputy marshals and deputy clerks and maintenance of offices by them were omitted. See sections 541 (see 561), 542 (see 561), and 751 of this title. A provision making inoperative the terms of the last paragraph of this section, whenever, upon the recommendation of the Attorney General, court accommodations should be provided in Federal buildings, was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title, provide court accommodations therein. The provision respecting court accommodations at Hutchinson was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1986 - Pub. L. 99-554 provided for holding court at Lawrence. 1949 - Act Aug. 27, 1949, abolished the three divisions which constituted the judicial district, and added Dodge City as an additional place for holding court. EFFECTIVE DATE OF 1986 AMENDMENT 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. ------DocID 36198 Document 60 of 1452------ -CITE- 28 USC Sec. 97 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 97. Kentucky -STATUTE- Kentucky is divided into two judicial districts to be known as the Eastern and Western Districts of Kentucky. EASTERN DISTRICT (a) The Eastern District comprises the counties of Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Carroll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jackson, Jessamine, Johnson, Kenton, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Mercer, Montgomery, Morgan, Nicholas, Owen, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, Shelby, Trimble, Wayne, Whitley, Wolfe, and Woodford. Court for the Eastern District shall be held at Ashland, Catlettsburg, Covington, Frankfort, Jackson, Lexington, London, Pikeville, and Richmond. WESTERN DISTRICT (b) The Western District comprises the counties of Adair, Allen, Ballard, Barren, Breckenridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Casey, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon, McCracken, McLean, Marion, Marshall, Meade, Metcalfe, Monroe, Muhlenberg, Nelson, Ohio, Oldham, Russell, Simpson, Spencer, Taylor, Todd, Trigg, Union, Warren, Washington, and Webster. Court for the Western District shall be held at Bowling Green, Louisville, Owensboro, and Paducah. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 880; Oct. 2, 1978, Pub. L. 95-408, Sec. 2(a), 92 Stat. 883.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 158 (Mar. 3, 1911, ch. 231, Sec. 83, 36 Stat. 1112; Jan. 29, 1920, ch. 57, 41 Stat. 400; June 22, 1936, ch. 707, 49 Stat. 1822). Last paragraph of section 158 of title 28, U.S.C., 1940 ed., relating to process, was omitted as covered by Rule 4 of the Federal Rules of Civil Procedure. Provisions relating to maintenance of clerk's offices were omitted as covered by sections 452 and 751 of this title. Provisions for furnishing rooms and accommodations at Lexington and Pikeville were omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places. 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. McCreary County of the Eastern District was formed from parts of the counties of Pulaski, Wayne, and Whitley since the latest amendment of the Judicial Code. Changes in arrangement and phraseology were made. AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-408 provided for holding court at Ashland. EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. ------DocID 36199 Document 61 of 1452------ -CITE- 28 USC Sec. 98 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 98. Louisiana -STATUTE- Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana. EASTERN DISTRICT (a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington. Court for the Eastern District shall be held at New Orleans, and Houma. MIDDLE DISTRICT (b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana. Court for the Middle District shall be held at Baton Rouge. WESTERN DISTRICT (c) The Western District comprises the parishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, and Winn. Court for the Western District shall be held at Alexandria, Lafayette, Lake Charles, Monroe, Opelousas, and Shreveport. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 881; May 19, 1961, Pub. L. 87-36, Sec. 4, 75 Stat. 83; Dec. 18, 1971, Pub. L. 92-208, Sec. 3(a), 85 Stat. 741; Oct. 2, 1978, Pub. L. 95-408, Sec. 3(a), 92 Stat. 883; July 10, 1984, Pub. L. 98-353, title II, Sec. 203(b), 98 Stat. 350.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 159 (Mar. 3, 1911, ch. 231, Sec. 84, 36 Stat. 1113). Provisions relating to the maintenance of offices by the clerks were omitted as covered by sections 452 and 751 of this title. The parishes of Allen, Beauregard, and Jefferson Davis of the Lake Charles Division of the Western District were formed out of part of Calcasieu Parish since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-353 inserted ', and Houma' after 'New Orleans'. 1978 - Subsec. (c). Pub. L. 95-408 struck out par. (1) to (6) designations which had divided the parishes of Western District into six divisions. 1971 - Pub. L. 92-208 created a Middle District consisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up New Orleans Division of Eastern District. 1961 - Pub. L. 87-36 struck out from enumeration in subsec. (a)(1) the parishes of Iberia and Saint Mary, in subsec. (b)(1) Lafayette, Saint Martin and Vermilion, and in subsec. (b)(5) Acadia, and created sixth division of subsec. (b), consisting of such parishes. EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. EFFECTIVE DATE OF 1971 AMENDMENT Section 3(f) of Pub. L. 92-208 provided that: 'The provisions of this section (amending this section and sections 133 and 134 of this title and enacting provisions set out below) shall become effective one hundred and twenty days after the date of enactment of this Act (Dec. 18, 1971).' DISTRICT JUDGE, UNITED STATES ATTORNEY, AND UNITED STATES MARSHAL FOR MIDDLE DISTRICT; DESIGNATION; TENURE; APPOINTMENT Section 3(b), (c) of Pub. L. 92-208 provided that: '(b) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section (see Effective Date of 1971 Amendment Note above), and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section. '(c)(1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section. '(2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana.' ------DocID 36200 Document 62 of 1452------ -CITE- 28 USC Sec. 99 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 99. Maine -STATUTE- Maine constitutes one judicial district. Court shall be held at Bangor and Portland. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 881; Nov. 2, 1978, Pub. L. 95-573, Sec. 2, 92 Stat. 2458.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 160 (Mar. 3, 1911, ch. 231, Sec. 85, 36 Stat. 1114; Dec. 22, 1911, ch. 7, 37 Stat. 51; Sept. 8, 1916, ch. 475, Sec. 1, 3, 39 Stat. 850; Mar. 4, 1923, ch. 279, 42 Stat. 1506). Changes in arrangement and phraseology were made. AMENDMENTS 1978 - Pub. L. 95-573 struck out provision for two separate divisions, (1) the Northern Division comprising the counties of Aroostook, Hancock, Penobscot, Piscataquis, Somerset, Waldo, and Washington and (2) the Southern Division comprising the counties of Androscoggin, Cumberland, Franklin, Kennebec, Knox, Lincoln, Oxford, Sagadahoc, and York. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-573 effective 180 days after Nov. 2, 1978, see section 6 of Pub. L. 95-573, set out as a note under section 93 of this title. ------DocID 36201 Document 63 of 1452------ -CITE- 28 USC Sec. 100 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 100. Maryland -STATUTE- Maryland constitutes one judicial district comprising two divisions. (1) The Northern Division comprises the counties of Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Queen Anne's, Somerset, Talbot, Washington, Wicomico, and Worcester, and the City of Baltimore. Court for the Northern Division shall be held at Baltimore, Cumberland, and Denton. (2) The Southern Division comprises the counties of Calvert, Charles, Montgomery, Prince George's, and St. Mary's. Court for the Southern Division shall be held at a suitable site in Montgomery or Prince George's County not more than five miles from the boundary of Montgomery and Prince George's Counties. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 882; Dec. 14, 1970, Pub. L. 91-546, Sec. 4, 84 Stat. 1412; Oct. 14, 1988, Pub. L. 100-487, Sec. 1, 102 Stat. 2431.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 166 (Mar. 3, 1911, ch. 231, Sec. 86, 36 Stat. 1114; Mar. 3, 1925, ch. 422, 43 Stat. 1106). Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541 (see 561), 542 (see 561), and 751 of this title. The provisions respecting court accommodations at Denton were omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1988 - Pub. L. 100-702 amended section generally. Prior to amendment, section provided that Maryland constituted one judicial district and that court be held at Baltimore, Cumberland, Denton, and at a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties. 1970 - Pub. L. 91-546 added a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties to the list of enumerated places for holding court in Maryland. EFFECTIVE DATE OF 1988 AMENDMENT Section 2 of Pub. L. 100-487 provided that: '(a) In General. - This Act and the amendments made by this Act (amending this section) shall take effect 180 days after the date of the enactment of this Act (Oct. 14, 1988). '(b) Pending Cases Not Affected. - This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of Maryland on such date. '(c) Juries Not Affected. - This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of Maryland on the effective date of this Act.' ------DocID 36202 Document 64 of 1452------ -CITE- 28 USC Sec. 101 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 101. Massachusetts -STATUTE- Massachusetts constitutes one judicial district. Court shall be held at Boston, New Bedford, Springfield, and Worcester. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 882.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 167 (Mar. 3, 1911, ch. 231, Sec. 87, 36 Stat. 1114; May 1, 1922, ch. 173, 42 Stat. 503; May 17, 1926, ch. 306, 44 Stat. 559). Words 'and the terms at Boston shall not be terminated or affected by the terms at Springfield, New Bedford, or Worcester,' were omitted as covered by section 138 of this title. Provisions relating to appointment of deputy clerks and deputy marshals, and maintenance of office by said deputies were omitted as covered by sections 541 (see 561), 542 (see 561), and 751 of this title. Provisions for furnishing rooms and accommodations at Springfield and Worcester were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that federal accommodations have been provided at such places. A provision requiring the return of all process to the terms at Boston and the keeping of all court papers in the clerk's office at Boston, unless otherwise specially ordered by the court, was omitted, since such matters can be regulated more appropriately by court rule or order. See Federal Rules of Civil Procedure, Rule 4(g). The provision respecting court accommodations at New Bedford was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. ------DocID 36203 Document 65 of 1452------ -CITE- 28 USC Sec. 102 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 102. Michigan -STATUTE- Michigan is divided into two judicial districts to be known as the Eastern and Western Districts of Michigan. EASTERN DISTRICT (a) The Eastern District comprises two divisions. (1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne. Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron. (2) The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola. Court for the Northern Division shall be held at Bay City. WESTERN DISTRICT (b) The Western District comprises two divisions. (1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, Lansing, and Traverse City. (2) The Northern Division comprises of counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. Court for the Northern Division shall be held at Marquette and Sault Sainte Marie. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 882; Feb. 10, 1954, ch. 6 Sec. 2(b)(8), 68 Stat. 11; May 19, 1961, Pub. L. 87-36, Sec. 3(d), 75 Stat. 83; Oct. 6, 1964, Pub. L. 88-627, 78 Stat. 1003; June 2, 1970, Pub. L. 91-272, Sec. 11, 84 Stat. 298.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 168 (Mar. 3, 1911, ch. 231, Sec. 88, 36 Stat. 1114; July 9, 1912, ch. 222, 37 Stat. 190; Mar. 31, 1930, ch. 101, 46 Stat. 138). Provisions of section 168 of title 28, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 1391 et seq. of this title. A provision for a special or adjourned term at Bay City for the hearing of admiralty cases, beginning in February of each year, was omitted. Adequate provision is made for such terms by section 141 of this title. Words 'and mileage on service of process in said northern division shall be computed from Bay City,' at the end of the section, were omitted as covered by section 553 of this title. Provisions relating to appointment and residence of deputy clerks and deputy marshals and maintenance of offices by such deputies were omitted as covered by sections 541 (see 561), 542 (see 561), and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1970 - Subsec. (b)(1). Pub. L. 91-272 provided for holding court at Traverse City. 1964 - Subsec. (a). Pub. L. 88-627 transferred counties of Genesee and Shiawassee from Northern Division to Southern Division, added Ann Arbor and Flint as places of court for Southern Division, and struck out Flint as a place for holding court. 1961 - Subsec. (b)(1). Pub. L. 87-36 provided for holding court at Lansing instead of Mason. 1954 - Subsec. (a)(1). Act Feb. 10, 1954, Sec. 2(b)(8)(a), struck out counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to Southern Division of Eastern District. Subsec. (a)(2). Act Feb. 10, 1954, Sec. 2(b)(8)(b), substituted 'Flint' for 'Port Huron', as a place for holding court. Subsec. (b)(1). Act Feb. 10, 1954, Sec. 2(b)(8)(c), inserted a reference to counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to composition of Southern Division of the Western District, and provided for holding court at Kalamazoo and Mason. ------DocID 36204 Document 66 of 1452------ -CITE- 28 USC Sec. 103 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 103. Minnesota -STATUTE- Minnesota constitutes one judicial district comprising six divisions. (1) The First Division comprises the counties of Dodge, Fillmore, Houston, Mower, Olmsted, Steele, Wabasha, and Winona. Court for the First Division shall be held at Winona. (2) The Second Division comprises the counties of Blue Earth, Brown, Cottonwood, Faribault, Freeborn, Jackson, Lac qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Waseca, Watonwan, and Yellow Medicine. Court for the Second Division shall be held at Mankato. (3) The Third Division comprises the counties of Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, and Washington. Court for the Third Division shall be held at Saint Paul. (4) The Fourth Division comprises the counties of Anoka, Carver, Chippewa, Hennepin, Isanti, Kandiyohi, McLeod, Meeker, Renville, Sherburne, Swift, and Wright. Court for the Fourth Division shall be held at Minneapolis. (5) The Fifth Division comprises the counties of Aitkin, Benton, Carlton, Cass, Cook, Crow Wing, Itasca, Kanabec, Koochiching, Lake, Mille Lacs, Morrison, Pine, and Saint Louis. Court for the Fifth Division shall be held at Duluth. (6) The Sixth Division comprises the counties of Becker, Beltrami, Big Stone, Clay, Clearwater, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stearns, Stevens, Todd, Traverse, Wadena, and Wilkin. Court for the Sixth Division shall be held at Fergus Falls. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 882.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 169 (Mar. 3, 1911, ch. 231, Sec. 89, 36 Stat. 1115; Apr. 10, 1926, ch. 113, 44 Stat. 238). Provisions relating to the appointment and residence of deputy clerks and the maintenance of offices by them were omitted as covered by section 751 of this title. The counties of Pennington and Lake of the Woods, in the Sixth Division, were created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. ------DocID 36205 Document 67 of 1452------ -CITE- 28 USC Sec. 104 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 104. Mississippi -STATUTE- Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi. NORTHERN DISTRICT (a) The northern district comprises four divisions. (1) Eastern division comprises the counties of Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, and Winston. Court for the eastern division shall be held at Aberdeen, Ackerman, and Corinth. (2) The western division comprises the counties of Benton, Calhoun, Grenada, Lafayette, Marshall, Montgomery, Pontotoc, Tippah, Union, Webster, and Yalobusha. Court for the Western division shall be held at Oxford. (3) The Delta division comprises the counties of Bolivar, Coahoma, De Soto, Panola, Quitman, Tallahatchie, Tate, and Tunica. Court for the Delta division shall be held at Clarksdale. (4) The Greenville division comprises the counties of Carroll, Humphreys, Leflore, Sunflower, and Washington. Court for the Greenville division shall be held at Greenville. SOUTHERN DISTRICT (b) The southern district comprises five divisions. (1) The Jackson division comprises the counties of Amite, Copiah, Franklin, Hinds, Holmes, Leake, Lincoln, Madison, Pike, Rankin, Scott, Simpson, and Smith. Court for the Jackson division shall be held at Jackson. (2) The eastern division comprises the counties of Clarke, Jasper, Kemper, Lauderdale, Neshoba, Newton, Noxubee, and Wayne. Court for the eastern division shall be held at Meridian. (3) The western division comprises the counties of Adams, Claiborne, Issaquena, Jefferson, Sharkey, Warren, Wilkinson, and Yazoo. Court for the western division shall be held at Natchez and Vicksburg: Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States. (4) The southern division comprises the counties of George, Hancock, Harrison, Jackson, Pearl River, and Stone. Court for the southern division shall be held at Biloxi and Gulfport. (5) The Hattiesburg division comprises the counties of Covington, Forrest, Greene, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, and Walthall. Court for the Hattiesburg division shall be held at Hattiesburg. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 883; Aug. 7, 1950, ch. 601, 64 Stat. 415; Sept. 27, 1967, Pub. L. 90-92, 81 Stat. 229; Dec. 14, 1970, Pub. L. 91-546, Sec. 2, 3, 84 Stat. 1412; Oct. 2, 1978, Pub. L. 95-408, Sec. 2(b), 92 Stat. 883.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 170 (Mar. 3, 1911, ch. 231, Sec. 90, 36 Stat. 1116; Feb. 5, 1912, ch. 28, 37 Stat. 59; May 27, 1912, ch. 136, 37 Stat. 118; Feb. 12, 1925, ch. 212, 43 Stat. 882; May 19, 1936, ch. 428, 49 Stat. 1362; May 8, 1939, ch. 116, Sec. 1, 53 Stat. 684). Provisions relating to the maintenance of offices by the clerks and marshals were omitted as covered by sections 452, 541 (see 561), 542 (see 561), and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1978 - Subsec. (a)(1). Pub. L. 95-408 provided for holding court at Corinth. 1970 - Subsec. (b)(3). Pub. L. 91-546, Sec. 3, provided for holding court at Natchez if suitable quarters and accommodations are furnished at no cost to the United States. Subsec. (b)(4). Pub. L. 91-546, Sec. 2, provided for holding court at Gulfport. 1967 - Subsec. (a)(1). Pub. L. 90-92 provided for holding court at Ackerman. 1950 - Act Aug. 7, 1950, created Greenville division in the northern district with terms of courts to be held at Greenville. EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. ------DocID 36206 Document 68 of 1452------ -CITE- 28 USC Sec. 105 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 105. Missouri -STATUTE- Missouri is divided into two judicial districts to be known as the Eastern and Western Districts of Missouri. EASTERN DISTRICT (a) The Eastern District comprises three divisions. (1) The Eastern Division comprises the counties of Crawford, Dent, Franklin, Gasconade, Iron, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Genevieve, Saint Louis, Warren, and Washington, and the city of Saint Louis. Court for the Eastern Division shall be held at Saint Louis. (2) The Northern Division comprises the counties of Adair, Audrain, Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, and Shelby. Court for the Northern Division shall be held at Hannibal. (3) The Southeastern Division comprises the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Scott, Shannon, Stoddard, and Wayne. Court for the Southeastern Division shall be held at Cape Girardeau. WESTERN DISTRICT (b) The Western District comprises five divisions. (1) The Western Division comprises the counties of Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Ray, Saint Clair, and Saline. Court for the Western Division shall be held at Kansas City. (2) The Southwestern Division comprises the counties of Barton, Barry, Jasper, Lawrence, McDonald, Newton, Stone, and Vernon. Court for the Southwestern Division shall be held at Joplin. (3) The Saint Joseph Division comprises the counties of Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth. Court for the Saint Joseph Division shall be held at Saint Joseph. (4) The Central Division comprises the counties of Benton, Boone, Callaway, Camden, Cole, Cooper, Hickory, Howard, Miller, Moniteau, Morgan, Osage, and Pettis. Court for the Central Division shall be held at Jefferson City. (5) The Southern Division comprises the counties of Cedar, Christian, Dade, Dallas, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright. Court for the Southern Division shall be held at Springfield. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 884; May 31, 1962, Pub. L. 87-461, 76 Stat. 85; Oct. 15, 1980, Pub. L. 96-462, Sec. 4(a), 94 Stat. 2053.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 171 (Mar. 3, 1911, ch. 231, Sec. 91, 36 Stat. 1117; Dec. 22, 1911, ch. 8, 37 Stat. 51). Provisions for furnishing rooms and accommodations at Chillicothe were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such place. 'Rolla' was omitted as a place for holding court in the Eastern Division of the Eastern District, and the provision for furnishing quarters there without cost to the United States was also omitted on advice from the clerk of court that no term of court has been held there since 1920. All cases arising in Phelps county in which Rolla is situated are heard at St. Louis. Provisions relating to the maintenance of offices by the clerks and marshals or their deputies were omitted as covered by sections 452, 541 (see 561), 542 (see 561), and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1980 - Subsec. (a)(1). Pub. L. 96-462, Sec. 4(a)(1), struck out references to Audrain and Montgomery counties in the list of counties comprising the Eastern Division of the Eastern District. Subsec. (a)(2). Pub. L. 96-462, Sec. 4(a)(2), added Audrain and Montgomery counties to the Northern Division of the Eastern District. 1962 - Subsec. (b). Pub. L. 87-461 transferred the counties of Caldwell, Grundy, Livingston, Mercer, Putnam, and Sullivan from the Western Division to the Saint Joseph Division, and omitted Chillicothe as a place for holding court. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION 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 4(b) of Pub. L. 96-462 provided that: 'The amendments made by subsection (a) (amending this section) shall not apply to any action commenced before the effective date of such amendments (Oct. 1, 1981) and pending in the United States District Court for the Eastern District of Missouri on such date.' ------DocID 36207 Document 69 of 1452------ -CITE- 28 USC Sec. 106 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 106. Montana -STATUTE- Montana, exclusive of Yellowstone National Park, constitutes one judicial district. Court shall be held at Billings, Butte, Glasgow, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, and Missoula. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 884.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 172 (Mar. 3, 1911, ch. 231, Sec. 92, 36 Stat. 1118; July 3, 1926, ch. 748, 44 Stat. 825; July 5, 1937, ch. 430, 50 Stat. 474; Aug. 26, 1937, ch. 819, Sec. 2, 50 Stat. 837; Aug. 7, 1939, ch. 506, 53 Stat. 1236). All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Montana are accordingly excluded from the judicial district of Montana. A provision for furnishing rooms and accommodations at Havre was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there. A provision for transfer of causes, civil or criminal, from one place of holding court to another was omitted. 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, relating to venue. A provision for the making of any interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, Rule 77-(b). The provisions respecting court accommodations at Kalispell, Lewistown, and Livingston were omitted as covered by section 142 of this title. Changes were made in arrangement and phraseology. ------DocID 36208 Document 70 of 1452------ -CITE- 28 USC Sec. 107 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 107. Nebraska -STATUTE- Nebraska constitutes one judicial district. Court shall be held at Lincoln, North Platte, and Omaha. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 884; Aug. 9, 1955, ch. 627, Sec. 1, 69 Stat. 546.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 173 (Mar. 3, 1911, ch. 231, Sec. 93, 36 Stat. 1118). Provisions for furnishing rooms and accommodations at the various places for holding court were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. A provision relating to the appointment and residence of deputy clerks and the places for keeping offices was omitted as covered by section 751 of this title. The county of Arthur in the North Platte Division was created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. AMENDMENTS 1955 - Act Aug. 9, 1955, struck out the separate divisions of the district and reduced the number of places of holding terms. EFFECTIVE DATE OF 1955 AMENDMENT Section 2 of act Aug. 9, 1955, provided that: 'The amendment made by the first section of this Act (amending this section) shall take effect on September 1, 1955.' ------DocID 36209 Document 71 of 1452------ -CITE- 28 USC Sec. 108 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 108. Nevada -STATUTE- Nevada constitutes one judicial district. Court shall be held at Carson City, Elko, Las Vegas, Reno, Ely, and Lovelock. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 885; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 324(a)(1), 104 Stat. 5120.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 174 (Mar. 3, 1911, ch. 231, Sec. 94, 36 Stat. 1118; June 24, 1930, ch. 595, 46 Stat. 806; Nov. 15, 1945, ch. 482, 59 Stat. 582). Changes in arrangement and phraseology were made. AMENDMENTS 1990 - Pub. L. 101-650 substituted ', Reno, Ely, and Lovelock' for 'and Reno'. ------DocID 36210 Document 72 of 1452------ -CITE- 28 USC Sec. 109 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 109. New Hampshire -STATUTE- New Hampshire constitutes one judicial district. Court shall be held at Concord and Littleton. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 885.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 175 (Mar. 3, 1911, ch. 231, Sec. 95, 36 Stat. 1119; Aug. 23, 1912, ch. 344, 37 Stat. 357; Feb. 20, 1926, ch. 23, 44 Stat. 8). Changes in arrangement and phraseology were made. ------DocID 36211 Document 73 of 1452------ -CITE- 28 USC Sec. 110 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 110. New Jersey -STATUTE- New Jersey constitutes one judicial district. Court shall be held at Camden, Newark and Trenton. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 885.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 176 (Mar. 3, 1911, ch. 231, Sec. 96, 36 Stat. 1119; Aug. 9, 1912, ch. 277, 37 Stat. 265; Feb. 14, 1913, ch. 53, 37 Stat. 674; May 17, 1926, ch. 311, 44 Stat. 561). Provisions relating to maintenance of offices by the clerk and marshal were omitted as covered by sections 452, 541 (see 561), 542 (see 561), and 751 of this title. Changes in arrangement and phraseology were made. ------DocID 36212 Document 74 of 1452------ -CITE- 28 USC Sec. 111 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 111. New Mexico -STATUTE- New Mexico constitutes one judicial district. Court shall be held at Albuquerque, Las Cruces, Las Vegas, Roswell, Santa Fe, and Silver City. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 885.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 177 (June 20, 1910, ch. 310, Sec. 13, 36 Stat. 565; Mar. 4, 1921, ch. 149, 41 Stat. 1361; June 7, 1924, ch. 332, 43 Stat. 642). The reference to Raton as a place of holding court was omitted on advice of the clerk that court is no longer held there. Provisions for furnishing rooms and accommodations at Las Vegas were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available. Provision for adjournment or continuance in case of insufficient business by orders made anywhere in the district was omitted as covered by section 138 of this title. Provisions for transfer of causes, civil or criminal, from one place of holding court to another were omitted. Such provisions, as to civil cases, are covered by section 1404 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. Provisions for appointment of deputy clerks and deputy marshals and maintenance of offices at various cities were omitted as covered by sections 541 (see 561), 542 (see 561), and 751 of this title. The provision respecting court accommodations at Silver City was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. ------DocID 36213 Document 75 of 1452------ -CITE- 28 USC Sec. 112 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 112. New York -STATUTE- New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York. NORTHERN DISTRICT (a) The Northern District comprises the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington. Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Syracuse, Utica, and Watertown. SOUTHERN DISTRICT (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. EASTERN DISTRICT (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). WESTERN DISTRICT (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. -SOURCE- (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, Sec. 1, 84 Stat. 1412; Apr. 28, 1978, Pub. L. 95-271, Sec. 1, 92 Stat. 221; Oct. 2, 1978, Pub. L. 95-408, Sec. 4(c), 92 Stat. 885; Nov. 2, 1978, Pub. L. 95-573, Sec. 3, 92 Stat. 2458; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 405, 98 Stat. 3361; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 324(a)(2), 104 Stat. 5120.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 178 and 178a (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 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, Sec. 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, Sec. 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. EFFECTIVE DATE OF 1984 AMENDMENT 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. EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. PRETERMISSION OF REGULAR SESSION OF COURT AT HEMPSTEAD AND HOLDING OF SPECIAL SESSION AT WESTBURY; PROCEDURES APPLICABLE, APPROPRIATIONS, ETC. 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.' ------DocID 36214 Document 76 of 1452------ -CITE- 28 USC Sec. 113 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 113. North Carolina -STATUTE- North Carolina is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of North Carolina. EASTERN DISTRICT (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 Clinton, Elizabeth City, Fayetteville, New Bern, Raleigh, Washington, Wilmington, and Wilson. MIDDLE DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (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, Sec. 5(a)-(c), 94 Stat. 2053, 2054.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 179 (Mar. 3, 1911, ch. 231, Sec. 98, 36 Stat. 1120; Oct. 7, 1914, ch. 318, 38 Stat. 728; Mar. 17, 1920, ch. 101, Sec. 1, 41 Stat. 531; June 7, 1924, ch. 359, Sec. 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, Sec. 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. AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-462, Sec. 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, Sec. 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, Sec. 5(c), added Alleghany, Ashe, Watauga, and Wilkes counties to the Western District. 1965 - Pub. L. 89-319 provided for holding court at Clinton. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISIONS 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.' ------DocID 36215 Document 77 of 1452------ -CITE- 28 USC Sec. 114 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 114. North Dakota -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 886; Oct. 2, 1978, Pub. L. 95-408, Sec. 3(b), 92 Stat. 883.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 180 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1978 - Par. (2). Pub. L. 95-408, Sec. 3(b)(1), struck out Sheridan and Wells from the counties comprising the Southeastern Division. Par. (3). Pub. L. 95-408, Sec. 3(b)(2), struck out Bottineau, McHenry and Pierce from the counties comprising the Northeastern Division. Par. (4). Pub. L. 95-408, Sec. 3(b)(3), added Bottineau, McHenry, Pierce, Sheridan and Wells to those counties comprising the Northwestern Division. EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. ------DocID 36216 Document 78 of 1452------ -CITE- 28 USC Sec. 115 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 115. Ohio -STATUTE- Ohio is divided into two judicial districts to be known as the Northern and Southern Districts of Ohio. NORTHERN DISTRICT (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. SOUTHERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 887; Feb. 10, 1954, ch. 6, Sec. 2(b)(9), 68 Stat. 11.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 181 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1954 - Subsec. (a)(1). Act Feb. 10, 1954, provided for holding court at Akron. ------DocID 36217 Document 79 of 1452------ -CITE- 28 USC Sec. 116 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 116. Oklahoma -STATUTE- Oklahoma is divided into three judicial districts to be known as the Northern, Eastern, and Western Districts of Oklahoma. NORTHERN DISTRICT (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. EASTERN DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 887; Aug. 4, 1966, Pub. L. 89-526, Sec. 1, 80 Stat. 335.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 182, 182a (Mar. 3, 1911, ch. 231, Sec. 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, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1966 AMENDMENT 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).' ------DocID 36218 Document 80 of 1452------ -CITE- 28 USC Sec. 117 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 117. Oregon -STATUTE- Oregon constitutes one judicial district. Court shall be held at Coquille, Eugene, Klamath Falls, Medford, Pendleton, and Portland. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 888; Aug. 3, 1950, ch. 514, 64 Stat. 393; June 2, 1970, Pub. L. 91-272, Sec. 7, 84 Stat. 297.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 183 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1970 - Pub. L. 91-272 provided for holding court at Coquille. 1950 - Act Aug. 3, 1950, provided for holding court at Eugene. ------DocID 36219 Document 81 of 1452------ -CITE- 28 USC Sec. 118 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 118. Pennsylvania -STATUTE- Pennsylvania is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Pennsylvania. EASTERN DISTRICT (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, Reading, and Philadelphia. MIDDLE DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 888; June 2, 1970, Pub. L. 91-272, Sec. 6, 84 Stat. 297; Nov. 2, 1978, Pub. L. 95-573, Sec. 4, 92 Stat. 2458.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 184 (Mar. 3, 1911, ch. 231, Sec. 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. SENATE REVISION AMENDMENT 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. AMENDMENTS 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. ------DocID 36220 Document 82 of 1452------ -CITE- 28 USC Sec. 119 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 119. Puerto Rico -STATUTE- Puerto Rico constitutes one judicial district. Court shall be held at Mayaguez, Ponce, and San Juan. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 889.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 863 and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, Sec. 34, 35, 31 Stat. 84, 85; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2, 1917, ch. 145, Sec. 41, 42, 39 Stat. 965, 966; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; Feb. 13, 1925, ch. 229, Sec. 1, 13, 43 Stat. 936, 942; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Mar. 26, 1938, ch. 51, Sec. 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. ------DocID 36221 Document 83 of 1452------ -CITE- 28 USC Sec. 120 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 120. Rhode Island -STATUTE- Rhode Island constitutes one judicial district. Court shall be held at Providence. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 889.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 185 (Mar. 3, 1911, ch. 231, Sec. 104, 36 Stat. 1123; Feb. 1, 1912, ch. 27, 37 Stat. 59). Changes in phraseology were made. ------DocID 36222 Document 84 of 1452------ -CITE- 28 USC Sec. 121 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 121. South Carolina -STATUTE- 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, Barnwell, and Hampton. 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 and Jasper. Court for the Beaufort Division shall be held at Beaufort. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 889; Oct. 7, 1965, Pub. L. 89-242, Sec. 1(a), 79 Stat. 951; Nov. 14, 1986, Pub. L. 99-657, Sec. 2, 100 Stat. 3670.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 186 (Mar. 3, 1911, ch. 231, Sec. 105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60; Mar. 3, 1915, ch. 100, Sec. 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, Sec. 1-3, 44 Stat. 773; June 20, 1936, ch. 637, Sec. 1-3, 49 Stat. 1558, 1559; June 12, 1940, ch. 335, 54 Stat. 344; June 28, 1943, ch. 173, title II, Sec. 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. AMENDMENTS 1986 - Pub. L. 99-657, Sec. 2(1), substituted 'eleven divisions' for 'ten divisions' in introductory text. Par. (1). Pub. L. 99-657, Sec. 2(2), struck out 'Beaufort,' after 'counties of' and substituted 'and Georgetown' for 'Georgetown, and Jasper'. Par. (11). Pub. L. 99-657, Sec. 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. EFFECTIVE DATE OF 1986 AMENDMENT 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.' EFFECTIVE DATE OF 1965 AMENDMENT 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).' CONSOLIDATION OF SOUTH CAROLINA INTO A SINGLE JUDICIAL DISTRICT 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. ------DocID 36223 Document 85 of 1452------ -CITE- 28 USC Sec. 122 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 122. South Dakota -STATUTE- 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. -SOURCE- (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, Sec. 324(b), 104 Stat. 5120.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 187 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1990 - Par. (3). Pub. L. 101-650, Sec. 324(b)(1), struck out 'Jackson,' after 'Hyde,'. Par. (4). Pub. L. 101-650, Sec. 324(b)(2), inserted 'Jackson,' after 'Harding,' and substituted 'and Shannon' for 'Shannon, Washabaugh, and Washington'. 1972 - Par. (2). Pub. L. 92-376, Sec. 1(a), removed Gregory County from the Southern Division. Par. (3). Pub. L. 92-376, Sec. 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, Sec. 1(c), removed Mellette, Todd, and Tripp counties from the Western Division. 1966 - Pub. L. 89-638 provided for holding court at Rapid City. ------DocID 36224 Document 86 of 1452------ -CITE- 28 USC Sec. 123 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 123. Tennessee -STATUTE- Tennessee is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Tennessee. EASTERN DISTRICT (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. MIDDLE DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 890; May 19, 1961, Pub. L. 87-36, Sec. 3(e), 75 Stat. 83; July 11, 1961, Pub. L. 87-86, 75 Stat. 203; June 2, 1970, Pub. L. 91-272, Sec. 12, 84 Stat. 298.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 188 (Mar. 3, 1911, ch. 231, Sec. 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, Sec. 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. AMENDMENTS 1970 - Subsec. (c)(1). Pub. L. 91-272, Sec. 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, Sec. 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. ------DocID 36225 Document 87 of 1452------ -CITE- 28 USC Sec. 124 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 124. Texas -STATUTE- Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas. NORTHERN DISTRICT (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. SOUTHERN DISTRICT (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. EASTERN DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 891; Feb. 10, 1954, ch. 6, Sec. 2(b)(9)(a), (b), 68 Stat. 11; Sept. 4, 1957, Pub. L. 85-298, Sec. 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, Sec. 6, 94 Stat. 2054; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 407(a), 98 Stat. 3362.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 189 (Mar. 3, 1911, ch. 231, Sec. 108, 36 Stat. 1125; May 29, 1912, ch. 144, 37 Stat. 120; Feb. 5, 1913, ch. 28, Sec. 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, Sec. 1, 2, 42 Stat. 1373; Apr. 3, 1924, ch. 82, 43 Stat. 64; May 29, 1924, ch. 211, Sec. 1, 2, 43 Stat. 244; May 26, 1928, ch. 752, Sec. 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, Sec. 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. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-620, Sec. 407(a)(1), substituted 'seven' for 'six' in provisions preceding par. (1). Subsec. (b)(4). Pub. L. 98-620, Sec. 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, Sec. 407(a)(3), added par. (7). 1980 - Subsec. (b)(2). Pub. L. 96-462, Sec. 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, Sec. 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, Sec. 1(4), enlarged from six to seven the number of divisions comprising Western District. Subsec. (d)(3). Pub. L. 90-216, Sec. 1(1), transferred counties of Brewster, Culberson, Hudspeth, and Presidio from El Paso Division to Pecos Division. Subsec. (d)(6). Pub. L. 90-216, Sec. 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, Sec. 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, Sec. 1(a), struck out Austin, Fort Bend, and Wharton counties from list comprising Galveston Division. Subsec. (b)(2). Pub. L. 88-282, Sec. 1(b), added Austin, Fort Bend, and Wharton counties to list comprising Houston Division. Subsec. (c)(4). Pub. L. 88-512, Sec. 1(a), added county of Hopkins to Paris Division. Subsec. (c)(5). Pub. L. 88-512, Sec. 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, Sec. 2, inserted Shelby County in list of counties comprising Tyler Division. Subsec. (c)(2). Pub. L. 85-298, Sec. 1, struck out Shelby County from list of counties comprising Beaumont Division. 1954 - Subsec. (d)(4). Act Feb. 10, 1954, Sec. 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, Sec. 2(b)(9)(b), inserted Edwards County in list of counties comprising Del Rio Division of Western District. EFFECTIVE DATE OF 1984 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION 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. ------DocID 36226 Document 88 of 1452------ -CITE- 28 USC Sec. 125 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 125. Utah -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 893.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 190 (Mar. 3, 1911, ch. 231, Sec. 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. ------DocID 36227 Document 89 of 1452------ -CITE- 28 USC Sec. 126 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 126. Vermont -STATUTE- Vermont constitutes one judicial district. Court shall be held at Bennington, Brattleboro, Burlington, Montpelier, Rutland, Saint Johnsbury, and Windsor. -SOURCE- (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, Sec. 410, 98 Stat. 3362.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 191 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1984 AMENDMENT 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. ------DocID 36228 Document 90 of 1452------ -CITE- 28 USC Sec. 127 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 127. Virginia -STATUTE- Virginia is divided into two judicial districts, to be known as the Eastern and Western districts of Virginia. EASTERN DISTRICT (a) The Eastern District comprises the counties of Accomac, Amelia, Arlington, Brunswick, Caroline, Charles City, Chesterfield, Culpeper, 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, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Orange, 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. WESTERN DISTRICT (b) The Western District comprises the counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 893; July 5, 1968, Pub. L. 90-383, 82 Stat. 292.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 192 and 192a, and section 403c-2 of title 16, U.S.C., 1940 ed., Conservation (Mar. 3, 1911, ch. 231, Sec. 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, Sec. 1, 46 Stat. 56; Aug. 19, 1937, ch. 703, Sec. 2, 50 Stat. 701; June 13, 1938, ch. 350, 52 Stat. 674; Oct. 31, 1945, ch. 443, Sec. 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. SENATE REVISION AMENDMENT 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. AMENDMENTS 1968 - Subsec. (c). Pub. L. 90-383 added subsec. (c). ------DocID 36229 Document 91 of 1452------ -CITE- 28 USC Sec. 128 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 128. Washington -STATUTE- Washington is divided into two judicial districts to be known as the Eastern and Western Districts of Washington. EASTERN DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (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, Sec. 4, 84 Stat. 297.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 193 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1970 - Subsec. (a). Pub. L. 91-272, Sec. 4(a), struck out provisions which had divided Eastern District into a Northern Division and a Southern Division. Subsec. (b). Pub. L. 91-272, Sec. 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. ------DocID 36230 Document 92 of 1452------ -CITE- 28 USC Sec. 129 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 129. West Virginia -STATUTE- West Virginia is divided into two judicial districts to be known as the Northern and Southern Districts of West Virginia. NORTHERN DISTRICT (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. SOUTHERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 894; Jan. 14, 1983, Pub. L. 97-471, Sec. 1, 96 Stat. 2601.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 194 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1983 - Subsec. (a). Pub. L. 97-471, Sec. 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, Sec. 1(2), struck out references to Braxton, Pocahontas, and Webster counties and inserted references to Parkersburg, Wirt, and Wood counties. ------DocID 36231 Document 93 of 1452------ -CITE- 28 USC Sec. 130 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 130. Wisconsin -STATUTE- Wisconsin is divided into two judicial districts to be known as the Eastern and Western districts of Wisconsin. EASTERN DISTRICT (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. WESTERN DISTRICT (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 894; Aug. 6, 1962, Pub. L. 87-573, 76 Stat. 307.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 195 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1962 - Subsec. (a). Pub. L. 87-573 inserted reference to Menominee county. ------DocID 36232 Document 94 of 1452------ -CITE- 28 USC Sec. 131 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 131. Wyoming -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 895; July 10, 1984, Pub. L. 98-353, title II, Sec. 203(a), 98 Stat. 350.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 27 of title 16, U.S.C., 1940 ed., Conservation, and title 28, U.S.C., 1940 ed., Sec. 196 (May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, Sec. 115, 291, 36 Stat. 1130, 1167; June 5, 1924, ch. 260, 43 Stat. 388; June 28, 1938, ch. 778, Sec. 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. AMENDMENTS 1984 - Pub. L. 98-353 provided for holding court at Jackson. ------DocID 36233 Document 95 of 1452------ -CITE- 28 USC Sec. 132 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 132. Creation and composition of district courts -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 895; Nov. 13, 1963, Pub. L. 88-176, Sec. 2, 77 Stat. 331.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 1, and section 641 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, Sec. 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. AMENDMENTS 1963 - Subsec. (b). Pub. L. 88-176 inserted 'regular' before 'active service'. CONTINUATION OF ORGANIZATION OF COURT 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. -CROSS- CROSS REFERENCES 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, Sec. 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. ------DocID 36234 Document 96 of 1452------ -CITE- 28 USC Sec. 133 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 133. Appointment and number of district judges -STATUTE- (a) The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: --------------------------------------------------------------------- Districts Judges --------------------------------------------------------------------- Alabama: Northern 7 Middle 3 Southern 3 Alaska 3 Arizona 8 Arkansas: Eastern 5 Western 3 California: Northern 14 Eastern 6 Central 27 Southern 8 Colorado 7 Connecticut 8 Delaware 4 District of Columbia 15 Florida: Northern 4 Middle 11 Southern 16 Georgia: Northern 11 Middle 4 Southern 3 Hawaii 3 Idaho 2 Illinois: Northern 22 Central 3 Southern 3 Indiana: Northern 5 Southern 5 Iowa: Northern 2 Southern 3 Kansas 5 Kentucky: Eastern 4 Western 4 Eastern and Western 1 Louisiana: Eastern 13 Middle 2 Western 7 Maine 3 Maryland 10 Massachusetts 13 Michigan: Eastern 15 Western 4 Minnesota 7 Mississippi: Northern 3 Southern 6 Missouri: Eastern 6 Western 5 Eastern and Western 2 Montana 3 Nebraska 3 Nevada 4 New Hampshire 3 New Jersey 17 New Mexico 5 New York: Northern 4 Southern 28 Eastern 15 Western 4 North Carolina: Eastern 4 Middle 4 Western 3 North Dakota 2 Ohio: Northern 11 Southern 8 Oklahoma: Northern 3 Eastern 1 Western 6 Northern, Eastern, and Western 1 Oregon 6 Pennsylvania: Eastern 22 Middle 6 Western 10 Puerto Rico 7 Rhode Island 3 South Carolina 9 South Dakota 3 Tennessee: Eastern 5 Middle 4 Western 5 Texas: Northern 12 Southern 18 Eastern 7 Western 10 Utah 5 Vermont 2 Virginia: Eastern 9 Western 4 Washington: Eastern 4 Western 7 West Virginia: Northern 3 Southern 5 Wisconsin: Eastern 4 Western 2 Wyoming 3. ------------------------------- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 895; Aug. 3, 1949, ch. 387, Sec. 2(a), 63 Stat. 493; Aug. 14, 1950, ch. 708, 64 Stat. 443; Aug. 29, 1950, ch. 819, Sec. 1, 64 Stat. 562; Sept. 5, 1950, ch. 848, Sec. 1, 64 Stat. 578; Feb. 10, 1954, ch. 6, Sec. 2(a)(3), 68 Stat. 9; Sept. 7, 1957, Pub. L. 85-310, 71 Stat. 631; July 7, 1958, Pub. L. 85-508, Sec. 12(c), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86-3, Sec. 9(b), 73 Stat. 8; May 19, 1961, Pub. L. 87-36, Sec. 2(d), 75 Stat. 81; July 30, 1962, Pub. L. 87-562, Sec. 3, 76 Stat. 248; Oct. 7, 1965, Pub. L. 89-242, Sec. 1(c), 79 Stat. 951; Mar. 18, 1966, Pub. L. 89-372, Sec. 4, 80 Stat. 77; June 2, 1970, Pub. L. 91-272, Sec. 1(d), 84 Stat. 295; Dec. 18, 1971, Pub. L. 92-208, Sec. 3(d), 85 Stat. 742; Oct. 2, 1978, Pub. L. 95-408, Sec. 4(b)(2), 92 Stat. 885; Oct. 20, 1978, Pub. L. 95-486, Sec. 1(c), 92 Stat. 1630; Jan. 14, 1983, Pub. L. 97-471, Sec. 3, 96 Stat. 2601; July 10, 1984, Pub. L. 98-353, title II, Sec. 202(e), 98 Stat. 348; Dec. 1, 1990, Pub. L. 101-650, title II, Sec. 203(d), title III, Sec. 303, 104 Stat. 5101, 5105.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 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., Sec. 11-301 (Apr. 12, 1900, ch. 191, Sec. 34, 35, 31 Stat. 84, 85; Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1901, ch. 854, Sec. 60, 31 Stat. 1199; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 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, Sec. 1, 38 Stat. 961; Apr. 11, 1916, ch. 64, Sec. 1, 39 Stat. 48; Feb. 26, 1917, ch. 120, 39 Stat. 938; Mar. 2, 1917, ch. 145, Sec. 41, 42, 39 Stat. 965, 966; Feb. 26, 1919, ch. 50, Sec. 1, 40 Stat. 1183; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; July 9, 1921, ch. 42, Sec. 313, 42 Stat. 119; Sept. 14, 1922, ch. 306, Sec. 1, 42 Stat. 837; Jan. 16, 1925, ch. 83, Sec. 3, 43 Stat. 752; Feb. 12, 1925, ch. 220, 43 Stat. 890; Feb. 13, 1925, ch. 229, Sec. 1, 13, 43 Stat. 936, 942; Feb. 16, 1925, ch. 233, Sec. 2, 3, 43 Stat. 946; Mar. 2, 1925, ch. 397, Sec. 1-3, 43 Stat. 1098; Mar. 3, 1927, ch. 297, Sec. 1, 44 Stat. 1346; Mar. 3, 1927, ch. 298, 44 Stat. 1347; Mar. 3, 1927, ch. 300, Sec. 1, 44 Stat. 1348; Mar. 3, 1927, ch. 332, 44 Stat. 1370; Mar. 3, 1927, ch. 336, Sec. 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, Sec. 1, 45 Stat. 54; Apr. 21, 1928, ch. 393, Sec. 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, Sec. 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, Sec. 1, 45 Stat. 1344; Feb. 28, 1929, ch. 380, 45 Stat. 1409; May 28, 1930, ch. 346, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1, 50 Stat. 805; Mar. 18, 1938, ch. 47, 52 Stat. 110; Mar. 26, 1938, ch. 51, Sec. 2, 52 Stat. 118; May 31, 1938, ch. 290, Sec. 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, Sec. 2(c), 54 Stat. 220; June 8, 1940, ch. 282, 54 Stat. 253; Nov. 27, 1940, ch. 92, Sec. 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, Sec. 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, Sec. 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: --------------------------------------------------------------------- Districts Judges --------------------------------------------------------------------- Delaware 1 Florida, Northern and Southern 1 Georgia, Northern 1 Kansas 1 Missouri, Eastern and Western 1 Ohio, Northern 1 Oklahoma, Western 1 Pennsylvania, Eastern, Middle and Western West Virginia, Northern and Southern ------------------------------- 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. SENATE REVISION AMENDMENT 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. -COD- CODIFICATION 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, Sec. 1, Mar. 30, 1979, 93 Stat. 6, and enacted provisions which are set out as a note under section 93 of this title. -MISC3- AMENDMENTS 1990 - Pub. L. 101-650, Sec. 303(1), designated existing provisions as subsec. (a) and added subsec. (b). Pub. L. 101-650, Sec. 203(d), altered number of permanent district judgeships in named districts as follows: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- Alabama: Northern 7 7 Middle 3 3 Southern 3 3 Alaska 3 3 Arizona 8 8 Arkansas: Eastern 3 5 Western 1 3 Eastern and Western 2 0 California: Northern 12 14 Eastern 6 6 Central 22 27 Southern 7 8 Colorado 7 7 Connecticut 6 8 Delaware 4 4 District of Columbia 15 15 Florida: Northern 3 4 Middle 9 11 Southern 15 16 Georgia: Northern 11 11 Middle 3 4 Southern 3 3 Hawaii 3 3 Idaho 2 2 Illinois: Northern 20 22 Central 3 3 Southern 3 3 Indiana: Northern 4 5 Southern 5 5 Iowa: Northern 1 2 Southern 2 3 Northern and Southern 1 0 Kansas 5 5 Kentucky: Eastern 4 4 Western 4 4 Eastern and Western 1 1 Louisiana: Eastern 13 13 Middle 2 2 Western 6 7 Maine 2 3 Maryland 10 10 Massachusetts 11 13 Michigan: Eastern 15 15 Western 4 4 Minnesota 7 7 Mississippi: Northern 3 3 Southern 5 6 Missouri: Eastern 5 6 Western 5 5 Eastern and Western 2 2 Montana 3 3 Nebraska 3 3 Nevada 4 4 New Hampshire 2 3 New Jersey 14 17 New Mexico 4 5 New York: Northern 4 4 Southern 27 28 Eastern 12 15 Western 3 4 North Carolina: Eastern 3 4 Middle 3 4 Western 3 3 North Dakota 2 2 Ohio: Northern 10 11 Southern 7 8 Oklahoma: Northern 2 3 Eastern 1 1 Western 4 6 Northern, Eastern, 2 1 and Western Oregon 5 6 Pennsylvania: Eastern 19 22 Middle 5 6 Western 10 10 Puerto Rico 7 7 Rhode Island 3 3 South Carolina 8 9 South Dakota 3 3 Tennessee: Eastern 4 5 Middle 3 4 Western 4 5 Texas: Northern 10 12 Southern 13 18 Eastern 6 7 Western 7 10 Utah 4 5 Vermont 2 2 Virginia: Eastern 9 9 Western 4 4 Washington: Eastern 3 4 Western 6 7 West Virginia: Northern 2 3 Southern 4 5 Wisconsin: Eastern 4 4 Western 2 2 Wyoming 2 3 ------------------------------- 1984 - Pub. L. 98-353 altered number of permanent district judgeships in named districts as follows: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- Alabama: Northern 7 7 Middle 3 3 Southern 2 3 Alaska 2 3 Arizona 8 8 Arkansas: Eastern 3 3 Western 1 1 Eastern and Western 2 2 California: Northern 12 12 Eastern 6 6 Central 17 22 Southern 7 7 Colorado 6 7 Connecticut 5 6 Delaware 3 4 District of Columbia 15 15 Florida: Northern 3 3 Middle 9 9 Southern 12 15 Georgia: Northern 11 11 Middle 2 3 Southern 3 3 Hawaii 2 3 Idaho 2 2 Illinois: Northern 16 20 Central 3 3 Southern 2 3 Indiana: Northern 4 4 Southern 5 5 Iowa: Northern 1 1 Southern 2 2 Northern and Southern 1 1 Kansas 5 5 Kentucky: Eastern 4 4 Western 3 4 Eastern and Western 1 1 Louisiana: Eastern 13 13 Middle 2 2 Western 5 6 Maine 2 2 Maryland 9 10 Massachusetts 10 11 Michigan: Eastern 13 15 Western 4 4 Minnesota 5 7 Mississippi: Northern 2 3 Southern 3 5 Missouri: Eastern 4 5 Western 5 5 Eastern and Western 2 2 Montana 2 3 Nebraska 3 3 Nevada 3 4 New Hampshire 2 2 New Jersey 11 14 New Mexico 4 4 New York: Northern 3 4 Southern 27 27 Eastern 10 12 Western 3 3 North Carolina: Eastern 3 3 Middle 3 3 Western 3 3 North Dakota 2 2 Ohio: Northern 9 10 Southern 6 7 Oklahoma: Northern 2 2 Eastern 1 1 Western 3 4 Northern, Eastern, 2 2 and Western Oregon 5 5 Pennsylvania: Eastern 19 19 Middle 5 5 Western 10 10 Puerto Rico 7 7 Rhode Island 2 3 South Carolina 8 8 South Dakota 3 3 Tennessee: Eastern 3 4 Middle 3 3 Western 3 4 Texas: Northern 9 10 Eastern 4 6 Southern 13 13 Western 6 7 Utah 3 4 Vermont 2 2 Virginia: Eastern 8 9 Western 4 4 Washington: Eastern 2 3 Western 5 6 West Virginia: Northern 2 2 Southern 4 4 Wisconsin: Eastern 4 4 Western 2 2 Wyoming 1 2 ------------------------------- 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: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- Alabama: Northern 4 7 Middle 2 3 Southern 2 2 Alaska 2 2 Arizona 5 8 Arkansas: Eastern 1 3 Western 1 1 Eastern and Western 2 2 California: Northern 11 12 Eastern 3 6 Central 16 17 Southern 5 7 Colorado 4 6 Connecticut 4 5 Delaware 3 3 District of Columbia 15 15 Florida: Northern 2 3 Middle 6 9 Southern 7 12 Georgia: Northern 6 11 Middle 2 2 Southern 2 3 Hawaii 2 2 Idaho 2 2 Illinois: Northern 13 16 Central 2 3 Southern 2 2 Indiana: Northern 3 4 Southern 4 5 Iowa: Northern 1 1 Southern 1 2 Northern and Southern 1 1 Kansas 4 5 Kentucky: Eastern 2 4 Western 3 3 Eastern and Western 1 1 Louisiana: Eastern 9 13 Middle 1 2 Western 4 5 Maine 1 2 Maryland 7 9 Massachusetts 6 10 Michigan: Eastern 10 13 Western 2 4 Minnesota 4 5 Mississippi: Northern 2 2 Southern 3 3 Missouri: Eastern 3 4 Western 3 5 Eastern and Western 2 2 Montana 2 2 Nebraska 3 3 Nevada 2 3 New Hampshire 1 2 New Jersey 9 11 New Mexico 3 4 New York: Northern 2 3 Southern 27 27 Eastern 9 10 Western 3 3 North Carolina: Eastern 2 3 Western 2 3 Middle 2 3 North Dakota 2 2 Ohio: Northern 8 9 Southern 5 6 Oklahoma: Northern 1 2 Eastern 1 1 Western 2 3 Northern, Eastern, 2 2 and Western Oregon 3 5 Pennsylvania: Eastern 19 19 Middle 3 5 Western 10 10 Puerto Rico 3 7 Rhode Island 2 2 South Carolina 5 8 South Dakota 2 3 Tennessee: Eastern 3 3 Middle 2 3 Western 3 3 Texas: Northern 6 9 Southern 8 13 Eastern 3 4 Western 5 6 Utah 2 3 Vermont 2 2 Virginia: Eastern 6 8 Western 2 4 Washington: Eastern 1 2 Western 3 5 West Virginia: Northern 1 1 Southern 2 3 Northern and Southern 1 1 Wisconsin: Eastern 3 4 Western 1 2 Wyoming 1 1 ------------------------------- 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: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- Alabama: Northern 3 4 Middle 1 2 Southern 1 2 Middle and Southern 1 0 Arizona 4 5 California: Northern 9 11 Central 13 16 Southern 2 5 Colorado 3 4 Florida: Middle 5 6 Southern 5 7 Georgia: Northern 3 6 Southern 1 2 Illinois: Northern 11 13 Kansas 3 4 Kentucky: Eastern 1 2 Western 2 3 Louisiana: Eastern 8 10 Western 3 4 Maryland 5 7 Michigan: Eastern 8 10 Missouri: Eastern 2 3 Nebraska 2 3 New Jersey 8 9 New Mexico 2 3 New York: Southern 24 27 Eastern 8 9 Ohio: Northern 7 8 Southern 4 5 Pennsylvania: Eastern 11 19 Western 8 10 Puerto Rico 2 3 South Carolina 4 5 Tennessee: Western 2 3 Texas: Northern 5 6 Southern 7 8 Eastern 2 3 Western 4 5 Virginia: Eastern 5 6 West Virginia: 1 2 Southern Wisconsin: Eastern 2 3 ------------------------------- 1966 - Pub. L. 89-372 altered the number of permanent district judgeships in the named districts as follows: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- Alabama: Middle and 0 1 Southern Arizona 3 4 California: Northern 9 9 Eastern 0 3 Central 0 13 Southern 13 2 Florida: Northern 1 2 Middle 3 5 Southern 3 5 Northern, Middle, 1 0 and Southern Illinois: Northern 10 11 Indiana: Southern 3 4 Louisiana: Eastern 4 8 Maryland 4 5 Mississippi: Northern 1 2 Southern 2 3 New York: Western 2 3 Ohio: Northern 6 7 Southern 3 4 Rhode Island 1 2 Texas: Southern 5 7 Western 3 4 Vermont 1 2 Virginia: Eastern 3 5 ------------------------------- 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: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- Alabama: Northern 2 3 Alaska 1 2 Arizona 2 3 Arkansas: Eastern and Western 1 2 California: Northern 7 9 Southern 11 13 Colorado 2 3 Connecticut 2 4 Florida: Southern 4 6 Georgia: Northern 2 3 Middle 1 2 Illinois: Northern 8 10 Indiana: Northern 2 3 Southern 2 3 Iowa: Northern and Southern 0 1 Kansas 2 3 Louisiana: Eastern 2 4 Western 2 3 Maryland 2 4 Massachusetts 5 6 Michigan: Eastern 6 8 Mississippi: Southern 1 2 Missouri: Western 2 3 Nevada 1 2 New Jersey 7 8 New Mexico 1 2 New York: Southern 18 24 Eastern 6 8 North Carolina: Eastern 1 2 Western 1 2 Middle 1 2 Ohio: Northern 5 6 Oklahoma: Northern, Eastern, 1 2 and Western Pennsylvania: Eastern 8 11 Middle 2 3 Western 5 8 Puerto Rico 1 2 South Carolina: Eastern and Western 1 2 Tennessee: Eastern 2 3 Middle 1 2 Western 1 2 Texas: Northern 3 5 Southern 4 5 Western 2 3 Utah 1 2 Washington: Western 2 3 ------------------------------- 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: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- California: Southern 10 11 Delaware 2 3 Florida: Southern 3 4 Idaho 1 2 Indiana: Northern 1 2 Southern 1 2 Kentucky: Western 1 2 Massachusetts 4 5 Michigan: Eastern 5 6 Western 1 2 Missouri: Eastern and Western 1 2 New Jersey 6 7 New York: Southern 16 18 North Dakota 1 2 Ohio: Northern 4 5 Pennsylvania: Eastern 7 8 Western 4 5 Texas: Southern 3 4 Eastern 1 2 Virginia: Eastern 2 3 West Virginia: Northern and Southern 0 1 Wisconsin: Eastern 1 2 ------------------------------- 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: --------------------------------------------------------------------- State Former New --------------------------------------------------------------------- California: Northern 5 7 Southern 8 10 District of Columbia 12 15 Florida: Northern and Southern 0 1 Georgia: Northern 1 2 Kansas 1 2 New Jersey 5 6 New York: Southern 12 16 Ohio: Northern 3 4 Oklahoma: Western 1 2 Oregon 2 3 Pennsylvania: Eastern 5 7 Texas: Southern 2 3 ------------------------------- EFFECTIVE DATE OF 1978 AMENDMENT; WAIVER OF STANDARDS 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.' EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION 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. EFFECTIVE DATE OF 1971 AMENDMENT 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. EFFECTIVE DATE OF 1965 AMENDMENT 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. EFFECTIVE DATE OF 1962 AMENDMENT 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. EFFECTIVE DATE OF 1959 AMENDMENT 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. EFFECTIVE DATE OF 1958 AMENDMENT 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. ADDITIONAL JUDGESHIPS 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(a)(3). Utah. - Act Feb. 10, 1954, ch. 6, Sec. 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, Sec. 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, Sec. 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. NOMINATION OF WOMEN AND BLACKS TO FEDERAL JUDGESHIPS 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.' RESIDENCE OF ADDITIONAL JUDGE FOR KANSAS 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.' -EXEC- EXECUTIVE ORDER NO. 12084 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. EXECUTIVE ORDER NO. 12097 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. -CROSS- CROSS REFERENCES 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, Sec. 1 and section 134 of this title. Oath of judge, see section 453 of this title. ------DocID 36235 Document 97 of 1452------ -CITE- 28 USC Sec. 134 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 134. Tenure and residence of district judges -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 896; Aug. 3, 1949, ch. 387, Sec. 2(b)(1), 63 Stat. 495; Feb. 10, 1954, ch. 6, Sec. 2(b)(13)(a), 68 Stat. 12; Mar. 18, 1959, Pub. L. 86-3, Sec. 9(c), 73 Stat. 8; May 19, 1961, Pub. L. 87-36, Sec. 2(e)(3), 75 Stat. 83; Sept. 12, 1966, Pub. L. 89-571, Sec. 1, 80 Stat. 764; Dec. 18, 1971, Pub. L. 92-208, Sec. 3(e), 85 Stat. 742.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 1 and section 863 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 84; Mar. 3, 1911, ch. 231, Sec. 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, Sec. 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; Sept. 14, 1922, ch. 306, Sec. 1, 42 Stat. 837; Mar. 26, 1938, ch. 51, Sec. 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. AMENDMENTS 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). EFFECTIVE DATE OF 1971 AMENDMENT 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. EFFECTIVE DATE OF 1959 AMENDMENT 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. TENURE AND SALARY RIGHTS OF JUDGES IN PUERTO RICO IN OFFICE ON SEPTEMBER 12, 1966 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).' APPLICABILITY OF ORDERS UNDER 1954 AMENDMENT 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).' -CROSS- CROSS REFERENCES 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, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 992 of this title. ------DocID 36236 Document 98 of 1452------ -CITE- 28 USC Sec. 135 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 135. Salaries of district judges -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897; Mar. 2, 1955, ch. 9, Sec. 1(c), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, Sec. 403(c), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 205(b)(3), 89 Stat. 422.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 5, and District of Columbia Code, 1940 ed., Sec. 11-302 (Mar. 3, 1911, ch. 231, Sec. 2, 36 Stat. 1087; Feb. 25, 1919, ch. 29, Sec. 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, Sec. 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. -REFTEXT- REFERENCES IN TEXT 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 (Sec. 351 et seq.) of Title 2, The Congress. -MISC2- AMENDMENTS 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. EFFECTIVE DATE OF 1964 AMENDMENT 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. EFFECTIVE DATE OF 1955 AMENDMENT 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. SALARY INCREASES 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, set out as a note under section 5332 of Title 5, Government Organization and Employees. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1, 30 Stat. 1199, and increased to $7,500 a year by act Feb. 25, 1919, ch. 29, Sec. 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, Sec. 1, 36 Stat. 1087. -CROSS- CROSS REFERENCES Compensation not to be diminished during continuance in office, see Const. Art. 3, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 153, 634 of this title; title 26 section 7443. ------DocID 36237 Document 99 of 1452------ -CITE- 28 USC Sec. 136 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 136. Chief judges; precedence of district judges -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, Sec. 37, 65 Stat. 723; Aug. 6, 1958, Pub. L. 85-593, Sec. 2, 72 Stat. 497; Apr. 2, 1982, Pub. L. 97-164, title II, Sec. 202, 96 Stat. 52.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 375 and District of Columbia Code, 1940 ed., Sec. 11-301 (Mar. 3, 1901, ch. 854, Sec. 60, 61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Mar. 3, 1911, ch. 231, Sec. 289, 32 Stat. 1167; Feb. 25, 1919, ch. 29, Sec. 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, Sec. 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. AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164, Sec. 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, Sec. 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'. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1958 AMENDMENT 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. SAVINGS PROVISION 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. ------DocID 36238 Document 100 of 1452------ -CITE- 28 USC Sec. 137 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 137. Division of business among district judges -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 27 (Mar. 3, 1911, ch. 231, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 48 section 1614. ------DocID 36239 Document 101 of 1452------ -CITE- 28 USC Sec. 138 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 138. Terms abolished -STATUTE- The district court shall not hold formal terms. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, Sec. 1, 77 Stat. 248.) -MISC1- HISTORICAL AND REVISION NOTES 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. AMENDMENTS 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. ------DocID 36240 Document 102 of 1452------ -CITE- 28 USC Sec. 139 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 139. Times for holding regular sessions -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, Sec. 1, 77 Stat. 248.) -MISC1- HISTORICAL AND REVISION NOTES 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. AMENDMENTS 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. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE District courts always open, see rule 77, Appendix to this title. CROSS REFERENCES 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. ------DocID 36241 Document 103 of 1452------ -CITE- 28 USC Sec. 140 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 140. Adjournment -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, Sec. 1, 77 Stat. 248.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 16, 146, 182 (Mar. 3, 1911, ch. 231, Sec. 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, Sec. 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. AMENDMENTS 1963 - Subsecs. (a), (b). Pub. L. 88-139 substituted 'session' for 'term'. ------DocID 36242 Document 104 of 1452------ -CITE- 28 USC Sec. 141 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 141. Special sessions; places; notice -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, Sec. 1, 77 Stat. 248.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 15 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 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. -CROSS- CROSS REFERENCES Virgin Islands district courts, times for holding sessions, see section 1615 of Title 48, Territories and Insular Possessions. ------DocID 36243 Document 105 of 1452------ -CITE- 28 USC Sec. 142 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- (Sec. 142. Repealed. Pub. L. 97-164, title I, Sec. 115(c)(3), Apr. 2, 1982, 96 Stat. 32) -MISC1- 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. EFFECTIVE DATE OF REPEAL 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. WAIVER OF LIMITATIONS AND RESTRICTIONS 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, Sec. 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, Sec. 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, Sec. 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. ------DocID 36244 Document 106 of 1452------ -CITE- 28 USC Sec. 143 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 143. Vacant judgeship as affecting proceedings -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 898.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 26 (Mar. 3, 1911, ch. 231, Sec. 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. ------DocID 36245 Document 107 of 1452------ -CITE- 28 USC Sec. 144 -EXPCITE- TITLE 28 PART I CHAPTER 5 -HEAD- Sec. 144. Bias or prejudice of judge -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, Sec. 65, 63 Stat. 99.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 25 (Mar. 3, 1911, ch. 231, Sec. 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. 1949 ACT 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. AMENDMENTS 1949 - Act May. 24, 1949, substituted 'in any case' for 'as to any judge' in second sentence of second par. ABOLITION OF TERMS For abolition of formal terms of the court and replacement by sessions, see sections 138 and 139 of this title. ------DocID 36246 Document 108 of 1452------ -CITE- 28 USC CHAPTER 6 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- CHAPTER 6 - BANKRUPTCY JUDGES -MISC1- Sec. 151. Designation of bankruptcy courts. 152. Appointment of bankruptcy judges. 153. Salaries; character of service. 154. Division of business; chief judge. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 155. Temporary transfer of bankruptcy judges. 156. Staff; expenses. 157. Procedures. 158. Appeals. PRIOR PROVISIONS A prior chapter 6, consisting of sections 151 to 160, which was added by Pub. L. 95-598, title II, Sec. 201(a), Nov. 6, 1978, 92 Stat. 2657, as amended by Pub. L. 97-164, title I, Sec. 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. COURTS DURING TRANSITION Pub. L. 95-598, title IV, Sec. 404, Nov. 6, 1978, 92 Stat. 2683, as amended by Pub. L. 98-249, Sec. 1(b), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98-271, Sec. 1(b), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, Sec. 1(b), May 25, 1984, 98 Stat. 214; Pub. L. 98-325, Sec. 1(b), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I, Sec. 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, Sec. 114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. TRANSITION STUDY Pub. L. 95-598, title IV, Sec. 406, Nov. 6, 1978, 92 Stat. 2686, as amended by Pub. L. 98-249, Sec. 1(c), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98-271, Sec. 1(c), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, Sec. 1(c), May 25, 1984, 98 Stat. 214; Pub. L. 98-325, Sec. 1(c), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I, Sec. 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, Sec. 114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. JUDICIAL ADMINISTRATION DURING TRANSITION Pub. L. 95-598, title IV, Sec. 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, Sec. 114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. EXTENSION AND TERMINATION OF TERM OF OFFICE OF BANKRUPTCY JUDGE SERVING ON JUNE 27, 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, Sec. 2, June 20, 1984, 98 Stat. 268. Pub. L. 98-299, Sec. 2, May 25, 1984, 98 Stat. 214. Pub. L. 98-271, Sec. 2, Apr. 30, 1984, 98 Stat. 163. Pub. L. 98-249, Sec. 2, Mar. 31, 1984, 98 Stat. 116. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 375 of this title; title 11 section 105; title 18 section 6001. ------DocID 36247 Document 109 of 1452------ -CITE- 28 USC Sec. 151 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 151. Designation of bankruptcy courts -STATUTE- 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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 336.) -MISC1- EFFECTIVE DATE 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.' SHORT TITLE OF 1984 AMENDMENT 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'.' SEPARABILITY 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.' ------DocID 36248 Document 110 of 1452------ -CITE- 28 USC Sec. 152 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 152. Appointment of bankruptcy judges -STATUTE- (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: --------------------------------------------------------------------- Districts Judges --------------------------------------------------------------------- Alabama: Northern 5 Middle 2 Southern 2 Alaska 2 Arizona 5 Arkansas: Eastern and Western 3 California: Northern 9 Eastern 6 Central 19 Southern 4 Colorado 5 Connecticut 2 Delaware 1 District of Columbia 1 Florida: Northern 1 Middle 4 Southern 3 Georgia: Northern 6 Middle 2 Southern 2 Hawaii 1 Idaho 2 Illinois: Northern 10 Central 3 Southern 1 Indiana: Northern 3 Southern 4 Iowa: Northern 2 Southern 2 Kansas 4 Kentucky: Eastern 2 Western 3 Louisiana: Eastern 2 Middle 1 Western 3 Maine 2 Maryland 3 Massachusetts 4 Michigan: Eastern 4 Western 3 Minnesota 4 Mississippi: Northern 1 Southern 2 Missouri: Eastern 3 Western 3 Montana 1 Nebraska 2 Nevada 3 New Hampshire 1 New Jersey 7 New Mexico 2 New York: Northern 2 Southern 7 Eastern 6 Western 3 North Carolina: Eastern 2 Middle 2 Western 2 North Dakota 1 Ohio: Northern 8 Southern 7 Oklahoma: Northern 2 Eastern 1 Western 3 Oregon 5 Pennsylvania: Eastern 3 Middle 2 Western 4 Puerto Rico 2 Rhode Island 1 South Carolina 2 South Dakota 2 Tennessee: Eastern 3 Middle 2 Western 3 Texas: Northern 5 Eastern 2 Southern 6 Western 4 Utah 3 Vermont 1 Virginia: Eastern 4 Western 3 Washington: Eastern 2 Western 5 West Virginia: Northern 1 Southern 1 Wisconsin: Eastern 4 Western 2 Wyoming 1. ------------------------------- (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. (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 336, and amended Pub. L. 99-554, title I, Sec. 101, Oct. 27, 1986, 100 Stat. 3088; Pub. L. 100-587, Nov. 3, 1988, 102 Stat. 2982; Pub. L. 101-650, title III, Sec. 304, Dec. 1, 1990, 104 Stat. 5105.) -MISC1- AMENDMENTS 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'. EFFECTIVE DATE OF 1986 AMENDMENT 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. EXTENSION AND TERMINATION OF TERM OF OFFICE OF PART-TIME BANKRUPTCY JUDGE SERVING ON JULY 2, 1986, IN DISTRICT OF OREGON, WESTERN DISTRICT OF MICHIGAN, AND EASTERN DISTRICT OF OKLAHOMA 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.' EXTENSION AND TERMINATION OF TERM OF OFFICE OF BANKRUPTCY JUDGE AND PART-TIME BANKRUPTCY JUDGE SERVING ON JULY 10, 1984; PRACTICE OF LAW BY PART-TIME BANKRUPTCY 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.' APPOINTMENT TO FILL VACANCIES; NOMINATIONS; QUALIFICATIONS Section 120 of Pub. L. 98-353, as amended by Pub. L. 99-554, title I, Sec. 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158, 372, 377 of this title; title 5 section 8331. ------DocID 36249 Document 111 of 1452------ -CITE- 28 USC Sec. 153 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 153. Salaries; character of service -STATUTE- (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 338, and amended Pub. L. 100-202, Sec. 101(a), (title IV, Sec. 408(a)), Dec. 22, 1987, 101 Stat. 1329, 1329-26; Pub. L. 100-702, title X, Sec. 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.) -MISC1- AMENDMENTS 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.' EFFECTIVE DATE OF 1987 AMENDMENT Section 101(a) (title IV, Sec. 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).' TRANSITION PROVISIONS 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.' CONTINUATION OF SALARIES OF BANKRUPTCY JUDGES IN EFFECT ON JUNE 27, 1984 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.' PART-TIME BANKRUPTCY JUDGES 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. SALARY INCREASES 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, Sec. 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. ------DocID 36250 Document 112 of 1452------ -CITE- 28 USC Sec. 154 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 154. Division of businesses; chief judge -STATUTE- (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 339.) ------DocID 36251 Document 113 of 1452------ -CITE- 28 USC Sec. 155 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 155. Temporary transfer of bankruptcy judges -STATUTE- (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 339, and amended Pub. L. 99-651, title II, Sec. 202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100-659, Sec. 4(a), Nov. 15, 1988, 102 Stat. 3918.) -MISC1- AMENDMENTS 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. EFFECTIVE DATE OF 1988 AMENDMENT 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. EFFECTIVE DATE OF 1986 AMENDMENT 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 374, 375, 377 of this title. ------DocID 36252 Document 114 of 1452------ -CITE- 28 USC Sec. 156 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 156. Staff; expenses -STATUTE- (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 339, and amended Pub. L. 99-554, title I, Sec. 103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100-702, title X, Sec. 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.) -MISC1- AMENDMENTS 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, Sec. 103, added subsec. (d). Subsecs. (e), (f). Pub. L. 99-554, Sec. 142, 144(a), added subsecs. (e) and (f). EFFECTIVE DATE OF 1986 AMENDMENT 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1930 of this title. ------DocID 36253 Document 115 of 1452------ -CITE- 28 USC Sec. 157 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 157. Procedures -STATUTE- (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 340, and amended Pub. L. 99-554, title I, Sec. 143, 144(b), Oct. 27, 1986, 100 Stat. 3096.) -MISC1- AMENDMENTS 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'. EFFECTIVE DATE OF 1986 AMENDMENT 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 158 of this title. ------DocID 36254 Document 116 of 1452------ -CITE- 28 USC Sec. 158 -EXPCITE- TITLE 28 PART I CHAPTER 6 -HEAD- Sec. 158. Appeals -STATUTE- (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. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat. 341, and amended Pub. L. 101-650, title III, Sec. 305, Dec. 1, 1990, 104 Stat. 5105.) -REFTEXT- REFERENCES IN TEXT The Bankruptcy Rules, referred to in subsec. (c), are set out in the Appendix to Title 11, Bankruptcy. -MISC2- AMENDMENTS 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 157, 1334, 1452 of this title; title 11 section 305. ------DocID 36255 Document 117 of 1452------ -CITE- 28 USC CHAPTER 7 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- CHAPTER 7 - UNITED STATES CLAIMS COURT -MISC1- 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. AMENDMENTS 1990 - Pub. L. 101-650, title III, Sec. 306(a)(2), Dec. 1, 1990, 104 Stat. 5109, added item 178. 1982 - Pub. L. 97-164, title I, Sec. 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, Sec. 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, Sec. 38, 68 Stat. 1240, inserted '; character of court' in item 171. -CROSS- RULES OF THE UNITED STATES CLAIMS COURT See Appendix to this title. CROSS REFERENCES Jurisdiction of Claims Court, see section 1491 et seq. of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 375 of this title; title 5 section 8331. ------DocID 36256 Document 118 of 1452------ -CITE- 28 USC Sec. 171 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 171. Appointment and number of judges; character of court; designation of chief judge -STATUTE- (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 Claims Court. 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 Claims Court 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat 898; July 28, 1953, ch. 253, Sec. 1, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(a), 68 Stat. 1240; May 11, 1966, Pub. L. 89-425, Sec. 1(b), 80 Stat. 140; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 105(a), 96 Stat. 27.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed. Sec. 241 (Mar. 3, 1911, ch. 231, Sec. 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, Sec. 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1982 AMENDMENT 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.' CONTINUED SERVICE OF COMMISSIONERS OF COURT OF CLAIMS AS JUDGES OF UNITED STATES CLAIMS COURT Section 167 of Pub. L. 97-164 provided that: '(a) Notwithstanding the provisions of section 171(a) of title 28, United States Code, as amended by this Act, a commissioner of the United States Court of Claims serving immediately prior to the effective date of this Act (Oct. 1, 1982) shall become a judge of the United States Claims Court on the effective date of this Act. '(b) Notwithstanding the provisions of section 172(a) of title 28, United States Code, as amended by this Act, the initial term of office of a person who becomes a judge of the United States Claims Court under subsection (a) of this section shall expire fifteen years after the date of his or her employment with the United States Court of Claims, or on October 1, 1986, whichever occurs earlier. Any such judge shall continue in office until a successor is sworn or until reappointed. No such individual shall serve as a judge after reaching the age of seventy years. '(c) Notwithstanding the provisions of section 172(b) of title 28, United States Code, as amended by this Act, until such time as a change in the salary rate of a judge of the United States Claims Court occurs in accordance with such section 172(b), the salary of such judge shall be equal to the salary of a Commissioner of the Court of Claims.' TENNESSEE VALLEY AUTHORITY LEGAL REPRESENTATION 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.' TRANSITION PROVISIONS: TRANSFER OF PENDING CASES Section 403 of Pub. L. 97-164 provided that: '(a) Any case pending before the Court of Claims on the effective date of this Act (Oct. 1, 1982) in which a report on the merits has been filed by a commissioner, or in which there is pending a request for review, and upon which the court has not acted, shall be transferred to the United States Court of Appeals for the Federal Circuit. '(b) Any matter pending before the United States Court of Customs and Patent Appeals on the effective date of this Act (Oct. 1, 1982) shall be transferred to the United States Court of Appeals for the Federal Circuit. '(c) Any petition for rehearing, reconsideration, alteration, modification, or other change in any decision of the United States Court of Claims or the United States Court of Customs and Patent Appeals rendered prior to the effective date of this Act (Oct. 1, 1982) that has not been determined by either of those courts on that date, or that is filed after that date, shall be determined by the United States Court of Appeals for the Federal Circuit. '(d) Any matter pending before a commissioner of the United States Court of Claims on the effective date of this Act (Oct. 1, 1982), or any pending dispositive motion that the United States Court of Claims has not determined on that date, shall be determined by the United States Claims Court. '(e) Any case in which a notice of appeal has been filed in a district court of the United States prior to the effective date of this Act (Oct. 1, 1982) shall be decided by the court of appeals to which the appeal was taken.' APPOINTMENT OF UNITED STATES CLAIMS COURT JUDGES For Congressional suggestion that the President select nominees for judgeships on the Claims Court 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178, 797 of this title. ------DocID 36257 Document 119 of 1452------ -CITE- 28 USC Sec. 172 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 172. Tenure and salaries of judges -STATUTE- (a) Each judge of the United States Claims Court 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 898; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 105(a), 96 Stat. 27; Nov. 19, 1988, Pub. L. 100-702, title X, Sec. 1023, 102 Stat. 4673.) -MISC1- HISTORICAL AND REVISION NOTES 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.) AMENDMENTS 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. EFFECTIVE DATE OF 1982 AMENDMENT 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. INITIAL TERM OF CLAIMS COURT JUDGES; SALARIES For provisions directing that the initial terms of office of former Court of Claims commissioners who become judges of the United States Claims Court expire 15 years after the date of his or her employment with the United States Court of Claims or Oct. 1, 1986, whichever occurs earlier, and setting the salary of such judges, see section 167 of Pub. L. 97-164, set out as a note under section 171 of this title. SALARY INCREASES 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, set out as a note under section 5332 of Title 5, Government Organization and Employees. 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, Sec. 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 Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1, 36 Stat. 1135. ------DocID 36258 Document 120 of 1452------ -CITE- 28 USC Sec. 173 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 173. Times and places of holding court -STATUTE- The principal office of the United States Claims Court shall be in the District of Columbia, but the Claims Court 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 Claims Court shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the Claims Court with as little inconvenience and expense to citizens as is practicable. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 898; Mar. 2, 1955, ch. 9, Sec. 1(d), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, Sec. 403(d), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 205(b)(4), 89 Stat. 422; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 105(a), 96 Stat. 27.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 241 (Mar. 3, 1911, ch. 231, Sec. 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, Sec. 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; July 31, 1946, ch. 704, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1964 AMENDMENT 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. EFFECTIVE DATE OF 1955 AMENDMENT 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. -CROSS- RULES OF THE UNITED STATES CLAIMS COURT Court always open; term, see rule 77, Appendix to this title. CROSS REFERENCES Courts always open, see section 452 of this title. ------DocID 36259 Document 121 of 1452------ -CITE- 28 USC Sec. 174 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 174. Assignment of judges; decisions -STATUTE- (a) The judicial power of the United States Claims Court 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 Claims Court shall be preserved and open to inspection. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 898; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 105(a), 96 Stat. 27.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 243 (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1982 AMENDMENT 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. ------DocID 36260 Document 122 of 1452------ -CITE- 28 USC Sec. 175 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 175. Official duty station; residence -STATUTE- (a) The official duty station of each judge of the United States Claims Court 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. -SOURCE- (Added Pub. L. 89-425, Sec. 2, May 11, 1966, 80 Stat. 140, and amended Pub. L. 97-164, title I, Sec. 105(a), Apr. 2, 1982, 96 Stat. 27.) -MISC1- PRIOR PROVISIONS 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. AMENDMENTS 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. EFFECTIVE DATE OF 1982 AMENDMENT 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. -CROSS- CROSS REFERENCES Official duty stations, see section 456 of this title. ------DocID 36261 Document 123 of 1452------ -CITE- 28 USC Sec. 176 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 176. Removal from office -STATUTE- (a) Removal of a judge of the United States Claims Court 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 Claims Court 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. -SOURCE- (Added Pub. L. 97-164, title I, Sec. 105(a), Apr. 2, 1982, 96 Stat. 28.) -MISC1- EFFECTIVE DATE 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 177 of this title. ------DocID 36262 Document 124 of 1452------ -CITE- 28 USC Sec. 177 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 177. Disbarment of removed judges -STATUTE- A judge of the United States Claims Court removed from office in accordance with section 176 of this title shall not be permitted at any time to practice before the Claims Court. -SOURCE- (Added Pub. L. 97-164, title I, Sec. 105(a), Apr. 2, 1982, 96 Stat. 28.) -MISC1- EFFECTIVE DATE 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. ------DocID 36263 Document 125 of 1452------ -CITE- 28 USC Sec. 178 -EXPCITE- TITLE 28 PART I CHAPTER 7 -HEAD- Sec. 178. Retirement of judges of the Claims Court -STATUTE- (a) A judge of the United States Claims Court 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 Claims Court 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 Claims Court 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 Claims Court judges in regular active service, if - (1) such judge has served at least 1 full term as judge of the Claims Court, 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 Claims Court. (c) A judge of the Claims Court 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 Claims Court 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 Claims Court 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 Claims Court to perform such judicial duties with the Claims Court 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 Claims Court 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 Claims Court 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 Claims Court (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, 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 4096 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 Claims Court 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 Claims Court 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 Claims Court 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 (2), any judge of the Claims Court 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 so practices law. (2) If a judge of the Claims Court 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 Claims Court who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than 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 (FOOTNOTE 1) Administrative Office of the United States Courts. (FOOTNOTE 1) So in original. Probably should be 'of the'. (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 Claims Court 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 Claims Court 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 Claims Court 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 'Claims Court 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 Claims Court 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 Claims Court 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 Claims Court 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. -SOURCE- (Added Pub. L. 101-650, title III, Sec. 306(a)(1), Dec. 1, 1990, 104 Stat. 5105.) -REFTEXT- REFERENCES IN TEXT 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. -MISC2- EFFECTIVE DATE Section applicable to judges of, and senior judges in active service with, the United States Claims Court on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101-650, set out as an Effective Date of 1990 Amendment note under section 8331 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 376, 604 of this title; title 5 sections 8334, 8402, 8440b. ------DocID 36264 Document 126 of 1452------ -CITE- 28 USC (CHAPTER 9 -EXPCITE- TITLE 28 PART I (CHAPTER 9 -HEAD- (CHAPTER 9 - REPEALED) ------DocID 36265 Document 127 of 1452------ -CITE- 28 USC Sec. 211 to 216 -EXPCITE- TITLE 28 PART I (CHAPTER 9 -HEAD- (Sec. 211 to 216. Repealed. Pub. L. 97-164, title I, Sec. 106, Apr. 2, 1982, 96 Stat. 28) -MISC1- Section 211, acts June 25, 1948, ch. 646, 62 Stat. 899; Aug. 25, 1958, Pub. L. 85-755, Sec. 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, Sec. 1(e), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, Sec. 403(e), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 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. EFFECTIVE DATE OF REPEAL 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. TRANSFER OF MATTERS AND PETITIONS PENDING IN UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS ON OCTOBER 1, 1982 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, set out as a note under section 171 of this title. ------DocID 36266 Document 128 of 1452------ -CITE- 28 USC CHAPTER 11 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- CHAPTER 11 - COURT OF INTERNATIONAL TRADE -MISC1- 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. HISTORICAL AND REVISION NOTES The 'Board of General Appraisers' was designated 'United States Customs Court' by act May 28, 1926, ch. 411, Sec. 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, Sec. 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.) HISTORY OF COURT 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, Sec. 518, 42 Stat. 972, which established the Board of General Appraisers, designated the 'United States Customs Court' by act May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669. Provisions similar to these were contained in act Sept. 21, 1922, ch. 356, title IV, Sec. 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, Sec. 28, 36 Stat. 98, which combined and amended Customs Administrative Act June 10, 1890, ch. 407, Sec. 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, Sec. 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. Sec. 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, Sec. 29, 26 Stat. 141. R.S. Sec. 2609 provided for the appointment of merchant appraisers. R.S. Sec. 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, Sec. 642, 42 Stat. 989. R.S. Sec. 2945, which contained a provision similar to that of R.S. Sec. 2610, was repealed, without mention of section 2610, by said Customs Administrative Act of June 10, 1890, ch. 407, Sec. 29, 26 Stat. 141, and was again repealed by section 642 of act Sept. 21, 1922. R.S. Sec. 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, Sec. 12, 13, 26 Stat. 136, as amended by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, Sec. 28. R.S. Sec. 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. AMENDMENTS 1980 - Pub. L. 96-417, title V, Sec. 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, Sec. 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. -CROSS- RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE See Appendix to this title. CROSS REFERENCES Jurisdiction of Court of International Trade, see section 1581 et seq. of this title. ------DocID 36267 Document 129 of 1452------ -CITE- 28 USC Sec. 251 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 251. Appointment and number of judges; offices -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 899; July 14, 1956, ch. 589, Sec. 1, 70 Stat. 532; Oct. 10, 1980, Pub. L. 96-417, title I, Sec. 101, 94 Stat. 1727.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch. 231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1980 AMENDMENT Section 701 of Pub. L. 96-417, as amended by Pub. L. 96-542, Sec. 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.) REFERENCES TO CERTAIN COURTS DEEMED REFERENCES TO THE UNITED STATES COURT OF INTERNATIONAL TRADE 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.' EFFECT ON CUSTOMS COURT JUDGES 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).' EFFECT ON PENDING CASES 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).' TENNESSEE VALLEY AUTHORITY LEGAL REPRESENTATION 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.' LIMITATION OR ALTERATION OF JURISDICTION 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.' CONTINUATION OF ORGANIZATION OF COURT 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. -CROSS- CROSS REFERENCES Oath of judge, see sections 453 of this title. Official station of Court of International Trade judges, see section 456 of this title. ------DocID 36268 Document 130 of 1452------ -CITE- 28 USC Sec. 252 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 252. Tenure and salaries of judges -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, Sec. 1(f), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, Sec. 403(f), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 205(b)(6), 89 Stat. 423; Oct. 10, 1980, Pub. L. 96-417, title V, Sec. 502, 94 Stat. 1742.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch. 231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat. 1101; July 31, 1946, ch. 704, Sec. 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, Sec. 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. -REFTEXT- REFERENCES IN TEXT 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 (Sec. 351 et seq.) of Title 2, The Congress. -MISC2- AMENDMENTS 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. EFFECTIVE DATE OF 1980 AMENDMENT 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. EFFECTIVE DATE OF 1964 AMENDMENT 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. EFFECTIVE DATE OF 1955 AMENDMENT 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. SALARY INCREASES 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, set out as a note under section 5332 of Title 5, Government Organization and Employees. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 518, 46 Stat. 737. -CROSS- CROSS REFERENCES Retirement of judges, see section 371 et seq. of this title. ------DocID 36269 Document 131 of 1452------ -CITE- 28 USC Sec. 253 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 253. Duties of chief judge; precedence of judges -STATUTE- (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; (FOOTNOTE 1) (FOOTNOTE 1) So in original. The semicolon probably should be a period. (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 900; Sept. 9, 1959, Pub. L. 86-243, Sec. 3, 73 Stat. 474; June 2, 1970, Pub. L. 91-271, title I, Sec. 105, 84 Stat. 276; Oct. 10, 1980, Pub. L. 96-417, title V, Sec. 501(3), 94 Stat. 1742.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch. 231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 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. AMENDMENTS 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. EFFECTIVE DATE OF 1980 AMENDMENT 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. EFFECTIVE DATE OF 1970 AMENDMENT 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. SAVINGS PROVISION 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. ------DocID 36270 Document 132 of 1452------ -CITE- 28 USC Sec. 254 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 254. Single-judge trials -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, Sec. 66, 63 Stat. 99; June 2, 1970, Pub. L. 91-271, title I, Sec. 106, 84 Stat. 277; Oct. 10, 1980, Pub. L. 96-417, title V, Sec. 501(4), 94 Stat. 1742.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch. 231, 187(a), as added Oct. 10, 1940, ch. 843, Sec. 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 acccord with present practice. Changes were made in arrangement and phraseology. 1949 ACT This amendment clarifies section 254 of title 28, U.S.C., by restoring language of the original law. PRIOR PROVISIONS 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. AMENDMENTS 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. EFFECTIVE DATE OF 1980 AMENDMENT 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. EFFECTIVE DATE OF 1970 AMENDMENT 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. ------DocID 36271 Document 133 of 1452------ -CITE- 28 USC Sec. 255 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 255. Three-judge trials -STATUTE- (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. -SOURCE- (Added Pub. L. 91-271, title I, Sec. 108, June 2, 1970, 84 Stat. 277; Pub. L. 96-417, title V, Sec. 501(5), Oct. 10, 1980, 94 Stat. 1742.) -MISC1- PRIOR PROVISIONS A prior section 255 was renumbered section 257 of this title. AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade. EFFECTIVE DATE OF 1980 AMENDMENT 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. EFFECTIVE DATE Section effective Oct. 1, 1970, see section 122 of Pub. L. 91-271, set out as a note under section 256 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 254 of this title. ------DocID 36272 Document 134 of 1452------ -CITE- 28 USC Sec. 256 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 256. Trials at ports other than New York -STATUTE- (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. -SOURCE- (Added Pub. L. 91-271, title I, Sec. 109, June 2, 1970, 84 Stat. 277, and amended Pub. L. 97-164, title I, Sec. 107, Apr. 2, 1982, 96 Stat. 28.) -MISC1- AMENDMENTS 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'. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1292 of this title. ------DocID 36273 Document 135 of 1452------ -CITE- 28 USC Sec. 257 -EXPCITE- TITLE 28 PART I CHAPTER 11 -HEAD- Sec. 257. Publication of decisions -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 900, Sec. 255; renumbered Sec. 257, and amended June 2, 1970, Pub. L. 91-271, title I, Sec. 107, 84 Stat. 277; Oct. 10, 1980, Pub. L. 96-417, title V, Sec. 501(6), 94 Stat. 1742.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1519 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 519, 46 Stat. 739). Changes in phraseology were made. AMENDMENTS 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'. EFFECTIVE DATE OF 1980 AMENDMENT 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. EFFECTIVE DATE OF 1970 AMENDMENT 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. -CROSS- RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE Opinions and judgments, see rules 54 and 58, Appendix to this title. ------DocID 36274 Document 136 of 1452------ -CITE- 28 USC CHAPTER 13 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -MISC1- 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. (FOOTNOTE 1) (FOOTNOTE 1) Section catchline amended by Pub. L. 85-755 without corresponding amendment of analysis. 295. Conditions upon designation and assignment. 296. Powers upon designation and assignment. 297. Assignment of judges to courts of the freely associated compact states. AMENDMENTS 1988 - Pub. L. 100-702, title X, Sec. 1022(2), Nov. 19, 1988, 102 Stat. 4673, added item 297. 1982 - Pub. L. 97-164, title I, Sec. 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, Sec. 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. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 175, 456, 1407 of this title. ------DocID 36275 Document 137 of 1452------ -CITE- 28 USC Sec. 291 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 291. Circuit judges -STATUTE- (a) 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. (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, Sec. 2, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(b), 68 Stat. 1240; July 9, 1956, ch. 517, Sec. 1(a), 70 Stat. 497; Aug. 25, 1958, Pub. L. 85-755, Sec. 2, 72 Stat. 848; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 202, 92 Stat. 2660; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 108, 96 Stat. 28.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 17, 22 (Mar. 3, 1911, ch. 231, Sec. 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203; Sept. 14, 1922, ch. 306, Sec. 3, 5, 42 Stat. 839; Mar. 2, 1929, ch. 488, Sec. 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, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 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. AMENDMENTS 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). EFFECTIVE DATE OF 1982 AMENDMENT 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 UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS 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.' -CROSS- CROSS REFERENCES 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. ------DocID 36276 Document 138 of 1452------ -CITE- 28 USC Sec. 292 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 292. District judges -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, Sec. 3, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(c), 68 Stat. 1240; July 9, 1956, ch. 517, Sec. 1(b), 70 Stat. 497; July 14, 1956, ch. 589, Sec. 2, 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, Sec. 3, 72 Stat. 848; July 29, 1970, Pub. L. 91-358, title I, Sec. 172(e), 84 Stat. 591; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 203, 204, 92 Stat. 2660; Oct. 10, 1980, Pub. L. 96-417, title V, Sec. 501(7), 94 Stat. 1742; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 109, 96 Stat. 28.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 17, 21 and 216 (Mar. 3, 1911, ch. 231, Sec. 13, 17, 120, 36 Stat. 1089, 1132; Sept. 14, 1922, ch. 306, Sec. 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 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. AMENDMENTS 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). EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT 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. EFFECTIVE DATE OF 1970 AMENDMENT 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. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS 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. LIMITATION OR ALTERATION OF JURISDICTION 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. -CROSS- CROSS REFERENCES 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. ------DocID 36277 Document 139 of 1452------ -CITE- 28 USC Sec. 293 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 293. Judges of the Court of International Trade -STATUTE- (a) (FOOTNOTE 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. (FOOTNOTE 1) There is no subsec. (b). -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, Sec. 3(a), 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, Sec. 4, 72 Stat. 848; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 205, 92 Stat. 2660; Oct. 10, 1980, Pub. L. 96-417, title I, Sec. 102, title V, Sec. 501(8), 94 Stat. 1727, 1742; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 110(a), (b), 96 Stat. 29.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 301 (Mar. 3, 1911, ch. 231, Sec. 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, Sec. 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. AMENDMENTS 1982 - Pub. L. 97-164, Sec. 110(b), substituted 'the Court of International Trade' for 'other courts' in section catchline. Subsec. (a). Pub. L. 97-164, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 501(8), redesignated the Customs Court as the Court of International Trade. Subsec. (d). Pub. L. 96-417, Sec. 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. EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT 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. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS 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. LIMITATION OR ALTERATION OF JURISDICTION 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. ------DocID 36278 Document 140 of 1452------ -CITE- 28 USC Sec. 294 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 294. Assignment of retired Justices or judges to active duty -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, Sec. 1(c), 70 Stat. 497; Aug. 29, 1957, Pub. L. 85-219, 71 Stat. 495; Aug. 25, 1958, Pub. L. 85-755, Sec. 5, 72 Stat. 849; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 206, 92 Stat. 2660.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 375, 375a, and 375f (Mar. 3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, Sec. 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, Sec. 5, as added May 11, 1944, ch. 192, Sec. 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. AMENDMENTS 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. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 46 of this title; title 26 section 3121; title 42 section 409. ------DocID 36279 Document 141 of 1452------ -CITE- 28 USC Sec. 295 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 295. Conditions upon designation and assignment -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263, Sec. 39(d), 68 Stat. 1240; July 14, 1956, ch. 589, Sec. 3(b), 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, Sec. 6, 72 Stat. 850; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 207, 92 Stat. 2660.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 17, 20 (Mar. 3, 1911, ch. 231, Sec. 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, Sec. 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 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. AMENDMENTS 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. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS 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. LIMITATION OR ALTERATION OF JURISDICTION 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. ------DocID 36280 Document 142 of 1452------ -CITE- 28 USC Sec. 296 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 296. Powers upon designation and assignment -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 17, 18, 22, 23, 301 (Mar. 3, 1911, ch. 231, Sec. 13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct. 3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, Sec. 2, 5, 40 Stat. 1156, 1157; Sept. 14, 1922, ch. 306, Sec. 3, 4, 5, 42 Stat. 839; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, Sec. 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, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 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. ------DocID 36281 Document 143 of 1452------ -CITE- 28 USC Sec. 297 -EXPCITE- TITLE 28 PART I CHAPTER 13 -HEAD- Sec. 297. Assignment of judges to courts of the freely associated compact states -STATUTE- (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. -SOURCE- (Added Pub. L. 100-702, title X, Sec. 1022(1), Nov. 19, 1988, 102 Stat. 4672.) ------DocID 36282 Document 144 of 1452------ -CITE- 28 USC CHAPTER 15 -EXPCITE- TITLE 28 PART I CHAPTER 15 -HEAD- CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES -MISC1- 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. AMENDMENTS 1986 - Pub. L. 99-466, Sec. 2(b), Oct. 14, 1986, 100 Stat. 1190, added item 335. 1980 - Pub. L. 96-458, Sec. 2(d)(2), Oct. 15, 1980, 94 Stat. 2036, inserted 'of circuits' in item 332. 1958 - Pub. L. 85-752, Sec. 2, Aug. 25, 1958, 72 Stat. 845, added item 334. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2109 of this title. ------DocID 36283 Document 145 of 1452------ -CITE- 28 USC Sec. 331 -EXPCITE- TITLE 28 PART I CHAPTER 15 -HEAD- Sec. 331. Judicial Conference of the United States -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, Sec. 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, Sec. 1, 2, 75 Stat. 521; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 208, 92 Stat. 2660; Oct. 15, 1980, Pub. L. 96-458, Sec. 4, 94 Stat. 2040; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 111, 96 Stat. 29; Oct. 14, 1986, Pub. L. 99-466, Sec. 1, 100 Stat. 1190; Nov. 19, 1988, Pub. L. 100-702, title IV, Sec. 402(b), 102 Stat. 4650.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 218 (Sept. 14, 1922, ch. 306, Sec. 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. -REFTEXT- REFERENCES IN TEXT Rule 45(c) of the Federal Rules of Civil Procedure, referred to in fourth paragraph, is set out in the Appendix to this title. -MISC2- AMENDMENTS 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, Sec. 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, Sec. 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, Sec. 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. EFFECTIVE DATE OF 1988 AMENDMENT 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. EFFECTIVE DATE OF 1986 AMENDMENT 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).' EFFECTIVE DATE OF 1982 AMENDMENT 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. EFFECTIVE DATE OF 1980 AMENDMENT 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.' POLICIES, PROCEDURES, AND METHODOLOGIES USED IN RECOMMENDATION FOR CREATION OF ADDITIONAL FEDERAL JUDGESHIPS; STUDY BY GENERAL ACCOUNTING OFFICE AND REPORT TO CONGRESS Pub. L. 101-650, title II, Sec. 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.' FEDERAL COURTS STUDY COMMITTEE Title I of Pub. L. 100-702 provided that: TITLE I - FEDERAL COURTS STUDY COMMITTEE '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.' AUTHORIZATION OF APPROPRIATIONS 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).' -CROSS- CROSS REFERENCES 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 372 of this title. ------DocID 36284 Document 146 of 1452------ -CITE- 28 USC Sec. 332 -EXPCITE- TITLE 28 PART I CHAPTER 15 -HEAD- Sec. 332. Judicial councils of circuits -STATUTE- (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 member (FOOTNOTE 1) is determined by majority vote of all such judges of the circuit in regular active services. (FOOTNOTE 2) (FOOTNOTE 1) So in original. Probably should be 'number'. (FOOTNOTE 2) So in original. Probably should be '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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 902; Nov. 13, 1963, Pub. L. 88-176, Sec. 3, 77 Stat. 331; Jan. 5, 1971, Pub. L. 91-647, 84 Stat. 1907; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 209, 92 Stat. 2661; Oct. 15, 1980, Pub. L. 96-458, Sec. 2(a)-(d)(1), 94 Stat. 2035, 2036; Oct. 1, 1988, Pub. L. 100-459, title IV, Sec. 407, 102 Stat. 2213; Nov. 19, 1988, Pub. L. 100-702, title IV, Sec. 403(a)(2), (b), title X, Sec. 1018, 1020(a)(1), 102 Stat. 4651, 4670, 4671; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 323, 325(b)(1), title IV, Sec. 403, 104 Stat. 5120, 5121, 5124.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 448 (Mar. 3, 1911, ch. 231, Sec. 306, as added Aug. 7, 1939, ch. 501, Sec. 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. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title. -MISC2- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-650, Sec. 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, Sec. 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, Sec. 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, Sec. 325(b)(1), substituted 'under section 5315 of title 5' for '(5 U.S.C. 5316)'. 1988 - Subsec. (c). Pub. L. 100-702, Sec. 1020(a)(1), substituted 'semiannual' for 'semi-annually'. Subsec. (d)(1). Pub. L. 100-702, Sec. 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, Sec. 403(a)(2), added par. (4). Subsec. (e). Pub. L. 100-702, Sec. 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, Sec. 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, Sec. 2(d)(1), substituted 'Judicial councils of circuits' for 'Judicial councils' in section catchline. Subsec. (a). Pub. L. 96-458, Sec. 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, Sec. 2(b), substituted 'semiannually' for 'quarterly'. Subsec. (d). Pub. L. 96-458, Sec. 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. EFFECTIVE DATE OF 1990 AMENDMENT Section 407 of Pub. L. 101-650 provided that: 'The amendments made by this subtitle (subtitle I (Sec. 402-407) of title IV of