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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
-STATUTE-
(a) Any justice or judge of the United States appointed to hold
office during good behavior who becomes permanently disabled from
performing his duties may retire from regular active service, and
the President shall, by and with the advice and consent of the
Senate, appoint a successor.
Any justice or judge of the United States desiring to retire
under this section shall certify to the President his disability in
writing.
Whenever an associate justice of the Supreme Court, a chief judge
of a circuit or the chief judge of the Court of International
Trade, desires to retire under this section, he shall furnish to
the President a certificate of disability signed by the Chief
Justice of the United States.
A circuit or district judge, desiring to retire under this
section, shall furnish to the President a certificate of disability
signed by the chief judge of his circuit.
A judge of the Court of International Trade desiring to retire
under this section, shall furnish to the President a certificate of
disability signed by the chief judge of his court.
Each justice or judge retiring under this section after serving
ten years continuously or otherwise shall, during the remainder of
his lifetime, receive the salary of the office. A justice or judge
retiring under this section who has served less than ten years in
all shall, during the remainder of his lifetime, receive one-half
the salary of the office.
(b) Whenever any judge of the United States appointed to hold
office during good behavior who is eligible to retire under this
section does not do so and a certificate of his disability signed
by a majority of the members of the Judicial Council of his circuit
in the case of a circuit or district judge, or by the Chief Justice
of the United States in the case of the Chief Judge of the Court of
International Trade, or by the chief judge of his court in the case
of a judge of the Court of International Trade, is presented to the
President and the President finds that such judge is unable to
discharge efficiently all the duties of his office by reason of
permanent mental or physical disability and that the appointment of
an additional judge is necessary for the efficient dispatch of
business, the President may make such appointment by and with the
advice and consent of the Senate. Whenever any such additional
judge is appointed, the vacancy subsequently caused by the death,
resignation, or retirement of the disabled judge shall not be
filled. Any judge whose disability causes the appointment of an
additional judge shall, for purpose of precedence, service as chief
judge, or temporary performance of the duties of that office, be
treated as junior in commission to the other judges of the circuit,
district, or court.
(c)(1) Any person alleging that a circuit, district, or
bankruptcy judge, or a magistrate, has engaged in conduct
prejudicial to the effective and expeditious administration of the
business of the courts, or alleging that such a judge or magistrate
is unable to discharge all the duties of office by reason of mental
or physical disability, may file with the clerk of the court of
appeals for the circuit a written complaint containing a brief
statement of the facts constituting such conduct. In the interests
of the effective and expeditious administration of the business of
the courts and on the basis of information available to the chief
judge of the circuit, the chief judge may, by written order stating
reasons therefor, identify a complaint for purposes of this
subsection and thereby dispense with filing of a written complaint.
(2) Upon receipt of a complaint filed under paragraph (1) of this
subsection, the clerk shall promptly transmit such complaint to the
chief judge of the circuit, or, if the conduct complained of is
that of the chief judge, to that circuit judge in regular active
service next senior in date of commission (hereafter, for purposes
of this subsection only, included in the term chief judge).
The clerk shall simultaneously transmit a copy of the complaint to
the judge or magistrate whose conduct is the subject of the
complaint.
(3) After expeditiously reviewing a complaint, the chief judge,
by written order stating his reasons, may -
(A) dismiss the complaint, if he finds it to be (i) not in
conformity with paragraph (1) of this subsection, (ii) directly
related to the merits of a decision or procedural ruling, or
(iii) frivolous; or
(B) conclude the proceeding if he finds that appropriate
corrective action has been taken or that action on the complaint
is no longer necessary because of intervening events.
The chief judge shall transmit copies of his written order to the
complainant and to the judge or magistrate whose conduct is the
subject of the complaint.
(4) If the chief judge does not enter an order under paragraph
(3) of this subsection, such judge shall promptly -
(A) appoint himself and equal numbers of circuit and district
judges of the circuit to a special committee to investigate the
facts and allegations contained in the complaint;
(B) certify the complaint and any other documents pertaining
thereto to each member of such committee; and
(C) provide written notice to the complainant and the judge or
magistrate whose conduct is the subject of the complaint of the
action taken under this paragraph.
A judge appointed to a special committee under this paragraph may
continue to serve on that committee after becoming a senior judge
or, in the case of the chief judge of the circuit, after his or her
term as chief judge terminates under subsection (a)(3) or (c) of
section 45 of this title. If a judge appointed to a committee
under this paragraph dies, or retires from office under section
371(a) of this title, while serving on the committee, the chief
judge of the circuit may appoint another circuit or district judge,
as the case may be, to the committee.
(5) Each committee appointed under paragraph (4) of this
subsection shall conduct an investigation as extensive as it
considers necessary, and shall expeditiously file a comprehensive
written report thereon with the judicial council of the circuit.
Such report shall present both the findings of the investigation
and the committee's recommendations for necessary and appropriate
action by the judicial council of the circuit.
(6) Upon receipt of a report filed under paragraph (5) of this
subsection, the judicial council -
(A) may conduct any additional investigation which it considers
to be necessary;
(B) shall take such action as is appropriate to assure the
effective and expeditious administration of the business of the
courts within the circuit, including, but not limited to, any of
the following actions:
(i) directing the chief judge of the district of the
magistrate whose conduct is the subject of the complaint to
take such action as the judicial council considers appropriate;
(ii) certifying disability of a judge appointed to hold
office during good behavior whose conduct is the subject of the
complaint, pursuant to the procedures and standards provided
under subsection (b) of this section;
(iii) requesting that any such judge appointed to hold office
during good behavior voluntarily retire, with the provision
that the length of service requirements under section 371 of
this title shall not apply;
(iv) ordering that, on a temporary basis for a time certain,
no further cases be assigned to any judge or magistrate whose
conduct is the subject of a complaint;
(v) censuring or reprimanding such judge or magistrate by
means of private communication;
(vi) censuring or reprimanding such judge or magistrate by
means of public announcement; or
(vii) ordering such other action as it considers appropriate
under the circumstances, except that (I) in no circumstances
may the council order removal from office of any judge
appointed to hold office during good behavior, and (II) any
removal of a magistrate shall be in accordance with section 631
of this title and any removal of a bankruptcy judge shall be in
accordance with section 152 of this title;
(C) may dismiss the complaint; and
(D) shall immediately provide written notice to the complainant
and to such judge or magistrate of the action taken under this
paragraph.
(7)(A) In addition to the authority granted under paragraph (6)
of this subsection, the judicial council may, in its discretion,
refer any complaint under this subsection, together with the record
of any associated proceedings and its recommendations for
appropriate action, to the Judicial Conference of the United
States.
(B) In any case in which the judicial council determines, on the
basis of a complaint and an investigation under this subsection, or
on the basis of information otherwise available to the council,
that a judge appointed to hold office during good behavior may have
engaged in conduct -
(i) which might constitute one or more grounds for impeachment
under article II of the Constitution; or
(ii) which, in the interest of justice, is not amenable to
resolution by the judicial council,
the judicial council shall promptly certify such determination,
together with any complaint and a record of any associated
proceedings, to the Judicial Conference of the United States.
(C) A judicial council acting under authority of this paragraph
shall, unless contrary to the interests of justice, immediately
submit written notice to the complainant and to the judge or
magistrate whose conduct is the subject of the action taken under
this paragraph.
(8)(A) Upon referral or certification of any matter under
paragraph (7) of this subsection, the Judicial Conference, after
consideration of the prior proceedings and such additional
investigation as it considers appropriate, shall by majority vote
take such action, as described in paragraph (6)(B) of this
subsection, as it considers appropriate. If the Judicial
Conference concurs in the determination of the council, or makes
its own determination, that consideration of impeachment may be
warranted, it shall so certify and transmit the determination and
the record of proceedings to the House of Representatives for
whatever action the House of Representatives considers to be
necessary. Upon receipt of the determination and record of
proceedings in the House of Representatives, the Clerk of the House
of Representatives shall make available to the public the
determination and any reasons for the determination.
(B) If a judge or magistrate has been convicted of a felony and
has exhausted all means of obtaining direct review of the
conviction, or the time for seeking further direct review of the
conviction has passed and no such review has been sought, the
Judicial Conference may, by majority vote and without referral or
certification under paragraph (7), transmit to the House of
Representatives a determination that consideration of impeachment
may be warranted, together with appropriate court records, for
whatever action the House of Representatives considers to be
necessary.
(9)(A) In conducting any investigation under this subsection, the
judicial council, or a special committee appointed under paragraph
(4) of this subsection, shall have full subpoena powers as provided
in section 332(d) of this title.
(B) In conducting any investigation under this subsection, the
Judicial Conference, or a standing committee appointed by the Chief
Justice under section 331 of this title, shall have full subpoena
powers as provided in that section.
(10) A complainant, judge, or magistrate aggrieved by a final
order of the chief judge under paragraph (3) of this subsection may
petition the judicial council for review thereof. A complainant,
judge, or magistrate aggrieved by an action of the judicial council
under paragraph (6) of this subsection may petition the Judicial
Conference of the United States for review thereof. The Judicial
Conference, or the standing committee established under section 331
of this title, may grant a petition filed by a complainant, judge,
or magistrate under this paragraph. Except as expressly provided
in this paragraph, all orders and determinations, including denials
of petitions for review, shall be final and conclusive and shall
not be judicially reviewable on appeal or otherwise.
(11) Each judicial council and the Judicial Conference may
prescribe such rules for the conduct of proceedings under this
subsection, including the processing of petitions for review, as
each considers to be appropriate. Such rules shall contain
provisions requiring that -
(A) adequate prior notice of any investigation be given in
writing to the judge or magistrate whose conduct is the subject
of the complaint;
(B) the judge or magistrate whose conduct is the subject of the
complaint be afforded an opportunity to appear (in person or by
counsel) at proceedings conducted by the investigating panel, to
present oral and documentary evidence, to compel the attendance
of witnesses or the production of documents, to cross-examine
witnesses, and to present argument orally or in writing; and
(C) the complainant be afforded an opportunity to appear at
proceedings conducted by the investigating panel, if the panel
concludes that the complainant could offer substantial
information.
Any such rule shall be made or amended only after giving
appropriate public notice and an opportunity for comment. Any rule
promulgated under this subsection shall be a matter of public
record, and any such rule promulgated by a judicial council may be
modified by the Judicial Conference. No rule promulgated under this
subsection may limit the period of time within which a person may
file a complaint under this subsection.
(12) No judge or magistrate whose conduct is the subject of an
investigation under this subsection shall serve upon a special
committee appointed under paragraph (4) of this subsection, upon a
judicial council, upon the Judicial Conference, or upon the
standing committee established under section 331 of this title,
until all related proceedings under this subsection have been
finally terminated.
(13) No person shall be granted the right to intervene or to
appear as amicus curiae in any proceeding before a judicial council
or the Judicial Conference under this subsection.
(14) Except as provided in paragraph (8), all papers, documents,
and records of proceedings related to investigations conducted
under this subsection shall be confidential and shall not be
disclosed by any person in any proceeding except to the extent that
-
(A) the judicial council of the circuit in its discretion
releases a copy of a report of a special investigative committee
under paragraph (5) to the complainant whose complaint initiated
the investigation by that special committee and to the judge or
magistrate whose conduct is the subject of the complaint;
(B) the judicial council of the circuit, the Judicial
Conference of the United States, or the Senate or the House of
Representatives by resolution, releases any such material which
is believed necessary to an impeachment investigation or trial of
a judge under article I of the Constitution; or
(C) such disclosure is authorized in writing by the judge or
magistrate who is the subject of the complaint and by the chief
judge of the circuit, the Chief Justice, or the chairman of the
standing committee established under section 331 of this title.
(15) Each written order to implement any action under paragraph
(6)(B) of this subsection, which is issued by a judicial council,
the Judicial Conference, or the standing committee established
under section 331 of this title, shall be made available to the
public through the appropriate clerk's office of the court of
appeals for the circuit. Unless contrary to the interests of
justice, each such order issued under this paragraph shall be
accompanied by written reasons therefor.
(16) Upon the request of a judge or magistrate whose conduct is
the subject of a complaint under this subsection, the judicial
council may, if the complaint has been finally dismissed under
paragraph (6)(C), recommend that the Director of the Administrative
Office of the United States Courts award reimbursement, from funds
appropriated to the Federal judiciary, for those reasonable
expenses, including attorneys' fees, incurred by that judge or
magistrate during the investigation which would not have been
incurred but for the requirements of this subsection.
(17) Except as expressly provided in this subsection, nothing in
this subsection shall be construed to affect any other provision of
this title, the Federal Rules of Civil Procedure, the Federal Rules
of Criminal Procedure, the Federal Rules of Appellate Procedure, or
the Federal Rules of Evidence.
(18) The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal
Circuit shall each prescribe rules, consistent with the foregoing
provisions of this subsection, establishing procedures for the
filing of complaints with respect to the conduct of any judge of
such court and for the investigation and resolution of such
complaints. In investigating and taking action with respect to any
such complaint, each such court shall have the powers granted to a
judicial council under this subsection.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, Sec.
67, 63 Stat. 99; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12;
Sept. 2, 1957, Pub. L. 85-261, 71 Stat. 586; Oct. 10, 1980, Pub. L.
96-417, title V, Sec. 501(9), 94 Stat. 1742; Oct. 15, 1980, Pub. L.
96-458, Sec. 3(a), (b), 94 Stat. 2036, 2040; Apr. 2, 1982, Pub. L.
97-164, title I, Sec. 112, 96 Stat. 29; July 10, 1984, Pub. L.
98-353, title I, Sec. 107, 98 Stat. 342; Nov. 19, 1988, Pub. L.
100-702, title IV, Sec. 403(c), 102 Stat. 4651; Dec. 1, 1990, Pub.
L. 101-650, title IV, Sec. 402, 104 Stat. 5122; Oct. 29, 1992, Pub.
L. 102-572, title IX, Sec. 902(b)(1), 106 Stat. 4516.)
-MISC1-
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Sec. 375b, 375c, and 375d
(Aug. 5, 1939, ch. 433, Sec. 1-3, 53 Stat. 1204, 1205).
This section consolidates sections 375b, 375c, and 375d of title
28, U.S.C., 1940 ed.
Section 375e of title 28, U.S.C., 1940 ed. providing that term
senior circuit judge includes the Chief Justice of the United
States Court of Appeals for the District of Columbia, and the term
judicial circuit includes the District of Columbia, was omitted
from this revision as unnecessary. Such district is included as a
judicial circuit by section 41 of this title.
Words justice or judge of the United States were used to
describe members of all courts who hold office during good
behavior. (See reviser's note under section 371 of this title.)
Term chief judge was substituted for Chief Justice of the
Court of Claims, presiding judge of the Court of Customs and
Patent Appeals and senior circuit judge. (See Reviser's Note
under section 136 of this title.)
For clarity and convenience the requirement that certificates of
disability be submitted to the President, was made explicit.
The revised section requires a judge of the Customs Court to
furnish a certificate of disability signed by the chief judge of
his court, instead of by the chief judge of the Court of Customs
and Patent Appeals as in said section 375c of title 28, U.S.C.,
1940 ed. This change insures signing of the certificate of
disability by the chief judge possessing knowledge of the facts.
Changes were made in phraseology and arrangement.
1949 ACT
Subsection (a) of this section amends section 372 of title 28,
U.S.C., to express the requirement that appointment of successors
to justices or judges must be made with confirmation by the Senate.
Subsection (b) of this section clarifies the intent of section 372
of title 28, U.S.C., and conforms with the language of section 371
of such title.
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, the Federal Rules of
Appellate Procedure, and the Federal Rules of Evidence, referred to
in subsec. (c)(17), are set out in the Appendix to this title.
The Federal Rules of Criminal Procedure, referred to in subsec.
(c)(17), are set out in the Appendix to Title 18, Crimes and
Criminal Procedure.
-MISC2-
AMENDMENTS
1992 - Subsec. (c)(18). Pub. L. 102-572 substituted United
States Court of Federal Claims for United States Claims
Court.
1990 - Subsec. (c)(1). Pub. L. 101-650, Sec. 402(a), inserted at
end In the interests of the effective and expeditious
administration of the business of the courts and on the basis of
information available to the chief judge of the circuit, the chief
judge may, by written order stating reasons therefor, identify a
complaint for purposes of this subsection and thereby dispense with
filing of a written complaint.
Subsec. (c)(3)(B). Pub. L. 101-650, Sec. 402(f), inserted before
period at end or that action on the complaint is no longer
necessary because of intervening events.
Subsec. (c)(4). Pub. L. 101-650, Sec. 402(b), inserted at end A
judge appointed to a special committee under this paragraph may
continue to serve on that committee after becoming a senior judge
or, in the case of the chief judge of the circuit, after his or her
term as chief judge terminates under subsection (a)(3) or (c) of
section 45 of this title. If a judge appointed to a committee
under this paragraph dies, or retires from office under section
371(a) of this title, while serving on the committee, the chief
judge of the circuit may appoint another circuit or district judge,
as the case may be, to the committee.
Subsec. (c)(6). Pub. L. 101-650, Sec. 402(g), added subpar. (C)
and redesignated former subpar. (C) as (D).
Subsec. (c)(7)(B). Pub. L. 101-650, Sec. 402(i)(1), substituted
may have engaged in conduct for has engaged in conduct in
introductory provisions and article II for article I in cl.
(i).
Subsec. (c)(8). Pub. L. 101-650, Sec. 402(d), designated existing
provisions as subpar. (A) and added subpar. (B).
Pub. L. 101-650, Sec. 402(c)(1), inserted at end Upon receipt
of the determination and record of proceedings in the House of
Representatives, the Clerk of the House of Representatives shall
make available to the public the determination and any reasons for
the determination.
Subsec. (c)(11). Pub. L. 101-650, Sec. 402(e), inserted at end
No rule promulgated under this subsection may limit the period of
time within which a person may file a complaint under this
subsection.
Subsec. (c)(14). Pub. L. 101-650, Sec. 402(c)(2)(A), (B),
substituted Except as provided in paragraph (8), all for
All and except to the extent that for unless in
introductory provisions.
Subsec. (c)(14)(A). Pub. L. 101-650, Sec. 402(c)(2)(E), added
subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (c)(14)(B). Pub. L. 101-650, Sec. 402(c)(2)(D),
redesignated subpar. (A) as (B). Former subpar. (B) redesignated
(C).
Pub. L. 101-650, Sec. 402(c)(2)(C), inserted such disclosure
is before authorized.
Subsec. (c)(14)(C). Pub. L. 101-650, Sec. 402(c)(2)(D), (i)(2),
redesignated subpar. (B) as (C) and substituted subject of the
complaint for subject to the complaint.
Subsec. (c)(16) to (18). Pub. L. 101-650, Sec. 402(h), added par.
(16) and redesignated former pars. (16) and (17) as (17) and (18),
respectively.
1988 - Subsec. (c)(11). Pub. L. 100-702 inserted before last
sentence Any such rule shall be made or amended only after giving
appropriate public notice and an opportunity for comment.
1984 - Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted
section 152 for section 153.
1982 - Subsec. (a). Pub. L. 97-164, Sec. 112(a), struck out
Court of Claims, Court of Customs and Patent Appeals, or before
Court of International Trade in third and fifth pars.
Subsec. (b). Pub. L. 97-164, Sec. 112(b), struck out Court of
Claims, Court of Customs and Patent Appeals, or before Court of
International Trade wherever appearing.
Subsec. (c)(17). Pub. L. 97-164, Sec. 112(c), substituted
United States Claims Court, the Court of International Trade, and
the Court of Appeals for the Federal Circuit for Court of
Claims, the Court of Customs and Patent Appeals, and the Customs
Court.
1980 - Pub. L. 96-458, Sec. 3(b), inserted judicial
discipline in section catchline.
Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court
as the Court of International Trade.
Subsec. (c). Pub. L. 96-458, Sec. 3(a), added subsec. (c).
1957 - Subsec. (b). Pub. L. 85-261 added subsec. (b).
1954 - Act Feb. 10, 1954, inserted ; substitute judge on
failure to retire in section catchline (but without adding any
provisions on such subject to the text of the section, see 1957
amendment), and inserted under this section after retire in
third, fourth, and fifth pars.
1949 - Act May 24, 1949, amended section to include provision
that appointment of successors to justices or judges must be made
with consent of Senate, and inserted continuously or otherwise
after Each justice or judge in last par.
-CHANGE-
CHANGE OF NAME
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of this title.
-MISC4-
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,
1990, see section 407 of Pub. L. 101-650, set out as a note under
section 332 of this title.
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 1984 AMENDMENT
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
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 AMENDMENTS
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7
of Pub. L. 96-458, set out as a note under section 331 of this
title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and
applicable with respect to civil actions pending on or commenced on
or after such date, see section 701(a) of Pub. L. 96-417, set out
as a note under section 251 of this title.
NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL
Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118,
provided in part that: Notwithstanding the requirement of section
415 of Public Law 101-650 (set out below) to submit the report
mandated by said section not later than one year after the date of
the Commission's first meeting, the National Commission on Judicial
Discipline and Removal shall submit to each House of Congress, the
Chief Justice of the United States, and the President, the report
mandated in said section no later than August 1, 1993.
Subtitle II of title IV of Pub. L. 101-650, as amended by Pub. L.
102-198, Sec. 8(a), (b)(2), Dec. 9, 1991, 105 Stat. 1625, 1626,
provided that:
SEC. 408. SHORT TITLE.
This subtitle may be cited as the 'National Commission on
Judicial Discipline and Removal Act'.
SEC. 409. ESTABLISHMENT.
There is hereby established a commission to be known as the
'National Commission on Judicial Discipline and Removal'
(hereinafter in this subtitle referred to as the 'Commission').
SEC. 410. DUTIES OF COMMISSION.
The duties of the Commission are -
(1) to investigate and study the problems and issues involved
in the tenure (including discipline and removal) of an article
III judge;
(2) to evaluate the advisability of proposing alternatives to
current arrangements with respect to such problems and issues,
including alternatives for discipline or removal of judges that
would require amendment to the Constitution; and
(3) to prepare and submit to the Congress, the Chief Justice
of the United States, and the President a report in accordance
with section 415.
SEC. 411. MEMBERSHIP.
(a) Number and Appointment. - The Commission shall be composed
of 13 members as follows:
(1) Three appointed by the President pro tempore of the
Senate.
(2) Three appointed by the Speaker of the House of
Representatives.
(3) Three appointed by the Chief Justice of the United
States.
(4) Three appointed by the President.
(5) One appointed by the Conference of Chief Justices of the
States of the United States.
(b) Term. - Members of the Commission shall be appointed for
the life of the Commission.
(c) Quorum. - Six members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
(d) Chairman. - The members of the Commission shall select one
of the members to be the Chairman.
(e) Vacancy. - A vacancy on the Commission resulting from the
death or resignation of a member shall not affect its powers and
shall be filled in the same manner in which the original
appointment was made.
(f) Continuation of Membership. - If any member of the
Commission who was appointed to the Commission as a Member of
Congress or as an officer or employee of a government leaves that
office, or if any member of the Commission who was appointed from
persons who are not officers or employees of a government becomes
an officer or employee of a government, the member may continue as
a member of the Commission for not longer than the 90-day period
beginning on the date the member leaves that office or becomes such
an officer or employee, as the case may be.
SEC. 412. COMPENSATION OF THE COMMISSION.
(a) Pay. - (1) Except as provided in paragraph (2), each member
of the Commission who is not otherwise employed by the United
States Government shall be entitled to receive the daily equivalent
of the annual rate of basic pay payable for GS-18 of the General
Schedule under section 5332 of title 5, United States Code, for
each day (including travel time) during which he or she is engaged
in the actual performance of duties as a member of the Commission.
(2) A member of the Commission who is an officer or employee of
the United States Government shall serve without additional
compensation.
(b) Travel. - All members of the Commission shall be reimbursed
for travel, subsistence, and other necessary expenses incurred by
them in the performance of their duties.
SEC. 413. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
CONSULTANTS.
(a) Director. - The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall
be appointed by the Chairman and who shall be paid at a rate not to
exceed the rate of basic pay payable for level V of the Executive
Schedule under section 5316 of such title.
(b) Staff. - The Chairman of the Commission may appoint and fix
the pay of such additional personnel as the Chairman finds
necessary to enable the Commission to carry out its duties. Such
personnel may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates,
except that the annual rate of pay for any individual so appointed
may not exceed a rate equal to the annual rate of basic pay payable
for GS-18 of the General Schedule under section 5332 of such title.
(c) Experts and Consultants. - The Commission may procure
temporary and intermittent services of experts and consultants
under section 3109(b) of title 5, United States Code.
SEC. 414. POWERS OF COMMISSION.
(a) Hearings and Sessions. - The Commission or, on
authorization of the Commission, a member of the Commission may,
for the purpose of carrying out this subtitle, hold such hearings,
sit and act at such times and places, take such testimony, and
receive such evidence, as the Commission considers appropriate.
The Commission may administer oaths or affirmations to witnesses
appearing before it.
(b) Obtaining Official Data. - The Commission may secure
directly from any department, agency, or entity within the
executive or judicial branch of the Federal Government information
necessary to enable it to carry out this subtitle. Upon request of
the Chairman of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Facilities and Support Services. - The Administrator of
General Services shall provide to the Commission on a reimbursable
basis such facilities and support services as the Commission may
request. Upon request of the Commission, the head of any Federal
agency is authorized to make any of the facilities and services of
such agency available to the Commission to assist the Commission in
carrying out its duties under this subtitle.
(d) Expenditures and Contracts. - The Commission or, on
authorization of the Commission, a member of the Commission may
make expenditures and enter into contracts for the procurement of
such supplies, services, and property as the Commission or member
considers appropriate for the purposes of carrying out the duties
of the Commission. Such expenditures and contracts may be made only
to such extent or in such amounts as are provided in appropriation
Acts.
(e) Mails. - The Commission may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the United States.
(f) Gifts. - The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 415. REPORT.
The Commission shall submit to each House of Congress, the
Chief Justice of the United States, and the President a report not
later than one year after the date of its first meeting. The
report shall contain a detailed statement of the findings and
conclusions of the Commission, together with its recommendations
for such legislative or administrative action as it considers
appropriate.
SEC. 416. TERMINATION.
The Commission shall cease to exist on the date 30 days after
the date it submits its report to the President and the Congress
under section 415.
SEC. 417. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated the sum of $750,000 to
carry out the provisions of this subtitle.
SEC. 418. EFFECTIVE DATE.
This subtitle shall take effect on the date of the enactment of
this Act (Dec. 1, 1990).
(References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.)
COMPUTATION OF JUDICIAL SERVICE, DISTRICT OF ALASKA
Inclusion of service as judge of the District Court for the
Territory of Alaska in the computation of years of judicial service
for judges of the United States District Court for the District of
Alaska, see Pub. L. 89-70, set out as a note under section 371 of
this title.
JUDICIAL SERVICE IN HAWAII
Certain judicial service in Hawaii included within computation of
aggregate years of judicial service, see section 14(d) of Pub. L.
86-3, set out as a note under section 371 of this title.
-CROSS-
CROSS REFERENCES
Assignment of retired justices or judges to active duty, see
section 294 of this title.
Justices and judges appointed to hold office during good behavior
-
Court of International Trade, see section 252 of this title.
Courts of Appeals, see Const., Art. 3, Sec. 1.
District Courts, see Const., Art. 3, Sec. 1.
Supreme Court, see Const., Art. 3, Sec. 1.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 178, 294, 331, 332, 375,
376, 377, 604 of this title; title 5 sections 8440a, 8701; title 38
section 7253.
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