28 U.S.C. § 1869 (2024) — Title 28: JUDICIARY AND JUDICIAL PROCEDURE / Chapter 121 / Section 1869: Definitions
Definitions
Status: in_force

For purposes of this chapter—

(a) "clerk" and "clerk of the court" shall mean the clerk of the district court of the United States, any authorized deputy clerk, and any other person authorized by the court to assist the clerk in the performance of functions under this chapter;

(b) "chief judge" shall mean the chief judge of any district court of the United States;

(c) "voter registration lists" shall mean the official records maintained by State or local election officials of persons registered to vote in either the most recent State or the most recent Federal general election, or, in the case of a State or political subdivision thereof that does not require registration as a prerequisite to voting, other official lists of persons qualified to vote in such election. The term shall also include the list of eligible voters maintained by any Federal examiner pursuant to the Voting Rights Act of 1965 where the names on such list have not been included on the official registration lists or other official lists maintained by the appropriate State or local officials. With respect to the districts of Guam and the Virgin Islands, "voter registration lists" shall mean the official records maintained by territorial election officials of persons registered to vote in the most recent territorial general election;

(d) "lists of actual voters" shall mean the official lists of persons actually voting in either the most recent State or the most recent Federal general election;

(e) "division" shall mean: (1) one or more statutory divisions of a judicial district; or (2) in statutory divisions that contain more than one place of holding court, or in judicial districts where there are no statutory divisions, such counties, parishes, or similar political subdivisions surrounding the places where court is held as the district court plan shall determine: Provided, That each county, parish, or similar political subdivision shall be included in some such division;

(f) "district court of the United States", "district court", and "court" shall mean any district court established by chapter 5 of this title, and any court which is created by Act of Congress in a territory and is invested with any jurisdiction of a district court established by chapter 5 of this title;

(g) "jury wheel" shall include any device or system similar in purpose or function, such as a properly programed electronic data processing system or device;

(h) "juror qualification form" shall mean a form prescribed by the Administrative Office of the United States Courts and approved by the Judicial Conference of the United States, which shall elicit the name, address, age, race, occupation, education, length of residence within the judicial district, distance from residence to place of holding court, prior jury service, and citizenship of a potential juror, and whether he should be excused or exempted from jury service, has any physical or mental infirmity impairing his capacity to serve as juror, is able to read, write, speak, and understand the English language, has pending against him any charge for the commission of a State or Federal criminal offense punishable by imprisonment for more than one year, or has been convicted in any State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored. The form shall request, but not require, any other information not inconsistent with the provisions of this title and required by the district court plan in the interests of the sound administration of justice. The form shall also elicit the sworn statement that his responses are true to the best of his knowledge. Notarization shall not be required. The form shall contain words clearly informing the person that the furnishing of any information with respect to his religion, national origin, or economic status is not a prerequisite to his qualification for jury service, that such information need not be furnished if the person finds it objectionable to do so, and that information concerning race is required solely to enforce nondiscrimination in jury selection and has no bearing on an individual's qualification for jury service.

(i) "public officer" shall mean a person who is either elected to public office or who is directly appointed by a person elected to public office;

(j) "undue hardship or extreme inconvenience", as a basis for excuse from immediate jury service under section 1866(c)(1) of this chapter, shall mean great distance, either in miles or traveltime, from the place of holding court, grave illness in the family or any other emergency which outweighs in immediacy and urgency the obligation to serve as a juror when summoned, or any other factor which the court determines to constitute an undue hardship or to create an extreme inconvenience to the juror; and in addition, in situations where it is anticipated that a trial or grand jury proceeding may require more than thirty days of service, the court may consider, as a further basis for temporary excuse, severe economic hardship to an employer which would result from the absence of a key employee during the period of such service; and

(k) "jury summons" shall mean a summons issued by a clerk of court, jury commission, or their duly designated deputies, containing either a preprinted or stamped seal of court, and containing the name of the issuing clerk imprinted in preprinted, type, or facsimile manner on the summons or the envelopes transmitting the summons.

(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 88–139, §2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 90–274, §101, Mar. 27, 1968, 82 Stat. 61; Pub. L. 91–358, title I, §172(b), July 29, 1970, 84 Stat. 590; Pub. L. 92–437, §1, Sept. 29, 1972, 86 Stat. 740; Pub. L. 95–572, §§3(b), 4, Nov. 2, 1978, 92 Stat. 2453; Pub. L. 95–598, title II, §243, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99–650, §3, Nov. 14, 1986, 100 Stat. 3641; Pub. L. 100–702, title VIII, §§802(a), 804, Nov. 19, 1988, 102 Stat. 4657, 4658; Pub. L. 110–406, §5(c), Oct. 13, 2008, 122 Stat. 4292.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §423 (Mar. 3, 1911, ch. 231, §286, 36 Stat. 1166). Changes were made in phraseology.

Editorial Notes

References in Text

The Voting Rights Act of 1965, referred to in subsec. (c), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which was formerly classified generally to subchapters I–A (§1973 et seq.), I–B (§1973aa et seq.), and I–C (§1973bb et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.

Amendments

2008—Subsecs. (j) to (l). Pub. L. 110–406 inserted "and" at end of subsec. (j), redesignated subsec. (l) as (k), and struck out former subsec. (k) which defined "publicly draw".

1988—Subsec. (a). Pub. L. 100–702, §802(a), amended subsec. (a) generally, substituting ", any authorized deputy clerk, and any other person authorized by the court to assist the clerk in the performance of functions under this chapter" for "or any authorized deputy clerk".

Subsec. (f). Pub. L. 100–702, §804, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: " 'district court of the United States', 'district court', and 'court' shall mean courts constituted under chapter 5 of title 28, United States Code, section 22 of the Organic Act of Guam, as amended (64 Stat. 389; 48 U.S.C. 1424), section 21 of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1611), and section 1 of title 3, Canal Zone Code;;".

1986—Subsec. (f). Pub. L. 99–650 struck out "except that for purposes of sections 1861, 1862, 1866(c), 1866(d), and 1867 of this chapter such terms shall include the Superior Court of the District of Columbia" after "Canal Zone Code;".

1978—Subsec. (f). Pub. L. 95–598 directed the amendment of subsec. (f) by inserting "chapter 6 of title 28, United States Code," after "chapter 5 of title 28, United States Code,", 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.

Subsec. (h). Pub. L. 95–572, §3(b), struck out "by pardon or amnesty" after "civil rights restored".

Subsecs. (j) to (l). Pub. L. 95–572, §4, added subsecs. (j) to (l).

1972—Subsec. (h). Pub. L. 92–437 added race and occupation to the particulars to be elicited on the juror qualification form, in provisions distinguishing between information to be requested and information to be required, struck out "race and occupation of a potential juror", and in information to be contained in the form, struck out "race, color" and "occupation" from the particulars, and required additional material to be contained in the form that information concerning race is required solely to enforce nondiscrimination in jury selection and that it has no bearing on an individual's qualification for jury service.

1970—Subsec. (f). Pub. L. 91–358 substituted reference to the Superior Court of the District of Columbia for references to the District of Columbia Court of General Sessions and the Juvenile Court of the District of Columbia.

1968—Pub. L. 90–274 substituted provisions defining "clerk", "clerk of the court", "chief judge", "voter registration lists", "list of actual voters", "division", "district court", "jury wheel", "juror qualification form", and "public officer" for provisions allowing the challenge of a petit juror who had been summoned and attended court as a petit juror at any session held within one year prior to the challenge.

1963—Pub. L. 88–139 substituted "session" for "term".

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–650, §4(a), Nov. 14, 1986, 100 Stat. 3641, provided in part that: "The provisions of this Act [amending this section] shall take effect 180 days after the date of enactment of this Act [Nov. 14, 1986]".

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–572 applicable with respect to any grand or petit juror summoned for service or actually serving on or after Nov. 2, 1978, see section 7(a) of Pub. L. 95–572, set out as an Effective Date note under section 1363 of this title.

Effective Date of 1972 Amendment

Pub. L. 92–437, §2, Sept. 29, 1972, 86 Stat. 741, provided that: "This Act [amending this section] shall take effect on the sixtieth day after the date of its enactment [Sept. 29, 1972]."

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–358 effective first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91–358, set out as a note under section 1257 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–274 effective 270 days after Mar. 27, 1968, except as to cases in which an indictment has been returned or a petit jury empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as a note under section 1861 of this title.

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 Pub. L. 96–70, title II, §§2101, 2202–2203, Sept. 27, 1979, 93 Stat. 493, 494, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
28 U.S.C. § 133 (2024) — Title 28: JUDICIARY AND JUDICIAL PROCEDURE / Chapter 5 / Section 133: Appointment and number of district judges
Appointment and number of district judges
Status: in_force

(a) The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows:

 

DistrictsJudges

Alabama:

Northern 
8  

Middle 
3  

Southern 
3  

Alaska 
3  

Arizona 
13  

Arkansas:

Eastern 
5  

Western 
3  

California:

Northern 
14  

Eastern 
6  

Central 
28  

Southern 
13  

Colorado 
7  

Connecticut 
8  

Delaware 
4  

District of Columbia 
15  

Florida:

Northern 
4  

Middle 
15  

Southern 
18  

Georgia:

Northern 
11  

Middle 
4  

Southern 
3  

Hawaii 
4  

Idaho 
2  

Illinois:

Northern 
22  

Central 
4  

Southern 
4  

Indiana:

Northern 
5  

Southern 
5  

Iowa:

Northern 
2  

Southern 
3  

Kansas 
6  

Kentucky:

Eastern 
5  

Western 
4  

Eastern and Western 
1  

Louisiana:

Eastern 
12  

Middle 
3  

Western 
7  

Maine 
3  

Maryland 
10  

Massachusetts 
13  

Michigan:

Eastern 
15  

Western 
4  

Minnesota 
7  

Mississippi:

Northern 
3  

Southern 
6  

Missouri:

Eastern 
7  

Western 
5  

Eastern and Western 
2  

Montana 
3  

Nebraska 
3  

Nevada 
7  

New Hampshire 
3  

New Jersey 
17  

New Mexico 
7  

New York:

Northern 
5  

Southern 
28  

Eastern 
15  

Western 
4  

North Carolina:

Eastern 
4  

Middle 
4  

Western 
5  

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 
10  

South Dakota 
3  

Tennessee:

Eastern 
5  

Middle 
4  

Western 
5  

Texas:

Northern 
12  

Southern 
19  

Eastern 
8  

Western 
13  

Utah 
5  

Vermont 
2  

Virginia:

Eastern 
11  

Western 
4  

Washington:

Eastern 
4  

Western 
7  

West Virginia:

Northern 
3  

Southern 
5  

Wisconsin:

Eastern 
5  

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 Counselor to the Chief Justice.

(June 25, 1948, ch. 646, 62 Stat. 895; Aug. 3, 1949, ch. 387, §2(a), 63 Stat. 493; Aug. 14, 1950, ch. 708, 64 Stat. 443; Aug. 29, 1950, ch. 819, §1, 64 Stat. 562; Sept. 5, 1950, ch. 848, §1, 64 Stat. 578; Feb. 10, 1954, ch. 6, §2(a)(3), 68 Stat. 9; Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631; Pub. L. 85–508, §12(c), July 7, 1958, 72 Stat. 348; Pub. L. 86–3, §9(b), Mar. 18, 1959, 73 Stat. 8; Pub. L. 87–36, §2(d), May 19, 1961, 75 Stat. 81; Pub. L. 87–562, §3, July 30, 1962, 76 Stat. 248; Pub. L. 89–242, §1(c), Oct. 7, 1965, 79 Stat. 951; Pub. L. 89–372, §4, Mar. 18, 1966, 80 Stat. 77; Pub. L. 91–272, §1(d), June 2, 1970, 84 Stat. 295; Pub. L. 92–208, §3(d), Dec. 18, 1971, 85 Stat. 742; Pub. L. 95–408, §4(b)(2), Oct. 2, 1978, 92 Stat. 885; Pub. L. 95–486, §1(c), Oct. 20, 1978, 92 Stat. 1630; Pub. L. 97–471, §3, Jan. 14, 1983, 96 Stat. 2601; Pub. L. 98–353, title II, §202(e), July 10, 1984, 98 Stat. 348; Pub. L. 101–650, title II, §203(d), title III, §303, Dec. 1, 1990, 104 Stat. 5101, 5105; Pub. L. 105–53, §4, Oct. 6, 1997, 111 Stat. 1174; Pub. L. 106–113, div. B, §1000(a)(1) [title III, §309(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–37; Pub. L. 106–553, §1(a)(2) [title III, §305(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A–85; Pub. L. 107–273, div. A, title III, §312(a)(2), (b)(2), Nov. 2, 2002, 116 Stat. 1786, 1787; Pub. L. 110–402, §1(b)(1), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 118–203, §2(b), Dec. 23, 2024, 138 Stat. 2693.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §1 and notes; sections 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions; District of Columbia Code, 1940 ed., §11–301 (Apr. 12, 1900, ch. 191, §§34, 35, 31 Stat. 84, 85; Apr. 30, 1900, ch. 339, §86, 31 Stat. 158; Mar. 3, 1901, ch. 854, §60, 31 Stat. 1199; Mar. 3, 1909, ch. 269, §1, 35 Stat. 838; Mar. 3, 1911, ch. 231, §1, 36 Stat. 1087; Jan. 7, 1913, ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38 Stat. 580; Mar. 3, 1915, ch. 100, §1, 38 Stat. 961; Apr. 11, 1916, ch. 64, §1, 39 Stat. 48; Feb. 26, 1917, ch. 120, 39 Stat. 938; Mar. 2, 1917, ch. 145, §§41, 42, 39 Stat. 965, 966; Feb. 26, 1919, ch. 50, §1, 40 Stat. 1183; Mar. 4, 1921, ch. 161, §1, 41 Stat. 1412; July 9, 1921, ch. 42, §313, 42 Stat. 119; Sept. 14, 1922, ch. 306, §1, 42 Stat. 837; Jan. 16, 1925, ch. 83, §3, 43 Stat. 752; Feb. 12, 1925, ch. 220, 43 Stat. 890; Feb. 13, 1925, ch. 229, §§1, 13, 43 Stat. 936, 942; Feb. 16, 1925, ch. 233, §§2, 3, 43 Stat. 946; Mar. 2, 1925, ch. 397, §§1–3, 43 Stat. 1098; Mar. 3, 1927, ch. 297, §1, 44 Stat. 1346; Mar. 3, 1927, ch. 298, 44 Stat. 1347; Mar. 3, 1927, ch. 300, §1, 44 Stat. 1348; Mar. 3, 1927, ch. 332, 44 Stat. 1370; Mar. 3, 1927, ch. 336, §§1, 2, 44 Stat. 1372; Mar. 3, 1927, ch. 338, 44 Stat. 1374; Mar. 3, 1927, ch. 344, 44 Stat. 1380; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54; Apr. 21, 1928, ch. 393, §5, 45 Stat. 439; May 29, 1928, ch. 882, 45 Stat. 974; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Jan. 17, 1929, ch. 72, §1, 45 Stat. 1081; Feb. 26, 1929, ch. 334, 45 Stat. 1317; Feb. 26, 1929, ch. 337, 45 Stat. 1319; Feb. 28, 1929, ch. 358, §1, 45 Stat. 1344; Feb. 28, 1929, ch. 380, 45 Stat. 1409; May 28, 1930, ch. 346, §1, 46 Stat. 431; June 19, 1930, ch. 537, 46 Stat. 785; June 27, 1930, ch. 633, 46 Stat. 819; June 27, 1930, ch. 635, §1, 46 Stat. 820; July 3, 1930, ch. 852, 46 Stat. 1006; Feb. 20, 1931, ch. 244, 46 Stat. 1196; Feb. 20, 1931, ch. 245, 46 Stat. 1197; Feb. 25, 1931, ch. 296, 46 Stat. 1417; May 17, 1932, ch. 190, 47 Stat. 158; May 20, 1932, ch. 196, 47 Stat. 161; Aug. 2, 1935, ch. 425, 49 Stat. 508; Aug. 19, 1935, ch. 558, §§1, 2, 49 Stat. 659; Aug. 28, 1935, ch. 793, 49 Stat. 945; June 5, 1936, ch. 515, 49 Stat. 1476; June 15, 1936, ch. 544, 49 Stat. 1491; June 16, 1936, ch. 585, §1, 49 Stat. 1523; June 22, 1936, ch. 693, 49 Stat. 1804; June 22, 1936, ch. 694, 49 Stat. 1804; June 22, 1936, ch. 696, 49 Stat. 1806; Aug. 25, 1937, ch. 771, §1, 50 Stat. 805; Mar. 18, 1938, ch. 47, 52 Stat. 110; Mar. 26, 1938, ch. 51, §2, 52 Stat. 118; May 31, 1938, ch. 290, §§4, 5, 6, 52 Stat. 584, 585; June 20, 1938, ch. 528, 52 Stat. 780; Jan. 20, 1940, ch. 11, 54 Stat. 16; May 24, 1940, ch. 209, §2(c), 54 Stat. 220; June 8, 1940, ch. 282, 54 Stat. 253; Nov. 27, 1940, ch. 92, §1, 54 Stat. 1216; Nov. 21, 1941, ch. 479, 55 Stat. 773; July 7, 1942, ch. 489, 56 Stat. 648; Dec. 24, 1942, ch. 817, 56 Stat. 1083; Dec. 24, 1942, ch. 827, 56 Stat. 1092; Dec. 7, 1944, ch. 521, 58 Stat. 796; Dec. 22, 1944, ch. 663, 58 Stat. 887; Oct. 16, 1945, ch. 419, §§1, 2, 59 Stat. 545, 546; June 15, 1946, ch. 413, 60 Stat. 260; July 24, 1946, chs. 600, 602, 60 Stat. 654).

Section consolidates provisions of section 1 of title 28, U.S.C., 1940 ed., and sections 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.

Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to residence of judges, are covered by section 134 of this title.

The act of Dec. 7, 1944, amended section 2 of the act of May 24, 1940, 54 Stat. 219, section 1, note, of title 28, U.S.C., 1940 ed., to read as follows: "(a) Provided, That the first vacancy in the office of district judge in each of said districts except in the eastern district of Pennsylvania, shall not be filled."

The act of Dec. 22, 1944, amended the same section to read as follows: "(a) Provided, That the first vacancy occurring in the office of district judge in each of said districts except the district of New Jersey shall not be filled."

The act of July 24, 1946, ch. 600, §1, 60 Stat. 654, amended the proviso in the 1940 act to read as follows: "Provided, That the first vacancy occurring in the office of district judge in each of said districts, except the district of New Jersey and the eastern district of Pennsylvania, shall not be filled."

The following additional but temporary judgeships, authorized by Congress, are not included in the revised section:

 

DistrictsJudges

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 
1

West Virginia, Northern and Southern 
1

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.

Editorial Notes

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, §1, Mar. 30, 1979, 93 Stat. 6, and enacted provisions which are set out as a note under section 93 of this title.

Amendments

2024—Subsec. (a). Pub. L. 118–203 increased number of permanent district judgeships as follows: in Northern District of Alabama from 7 to 8, in Arizona from 12 to 13, in Central District of California from 27 to 28, in Southern District of Florida from 17 to 18, in Hawaii from 3 to 4, in Kansas from 5 to 6, in Eastern District of Missouri from 6 to 7, in New Mexico from 6 to 7, in Western District of North Carolina from 4 to 5, and in Eastern District of Texas from 7 to 8.

2008—Subsec. (b)(2). Pub. L. 110–402 substituted "Counselor" for "administrative assistant".

2002—Subsec. (a). Pub. L. 107–273 increased number of permanent district judgeships as follows: in Southern District of California from 8 to 13, in Central and Southern Districts of Illinois from 3 to 4, in Northern District of New York from 4 to 5, in Western District of North Carolina from 3 to 4, in Western District of Texas from 11 to 13, and in Eastern District of Virginia from 10 to 11.

2000—Subsec. (a). Pub. L. 106–553 increased number of permanent district judgeships as follows: in Arizona from 11 to 12, in Southern District of Florida from 16 to 17, in Eastern District of Kentucky from 4 to 5, in Nevada from 6 to 7, in New Mexico from 5 to 6, in South Carolina from 9 to 10, in Southern District of Texas from 18 to 19, in Western District of Texas from 10 to 11, in Eastern District of Virginia from 9 to 10, and in Eastern District of Wisconsin from 4 to 5.

1999—Subsec. (a). Pub. L. 106–113 increased number of permanent district judgeships in Arizona from 8 to 11, increased number of permanent district judgeships in Middle District of Florida from 11 to 15, and increased number of permanent district judgeships in Nevada from 4 to 6.

1997—Subsec. (a). Pub. L. 105–53 in item relating to Louisiana, reduced number of permanent district judgeships in Eastern District from 13 to 12 and increased number in Middle District from 2 to 3.

1990—Pub. L. 101–650, §303(1), designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 101–650, §203(d), altered number of permanent district judgeships in named districts as follows:

 

StateFormerNew

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, and Western 
2 
1

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:

 

StateFormerNew

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, and Western 
2 
2

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:

 

StateFormerNew

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, and Western 
2 
2

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:

 

StateFormerNew

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: Southern 
1 
2

Wisconsin: Eastern 
2 
3

1966—Pub. L. 89–372 altered the number of permanent district judgeships in the named districts as follows:

 

StateFormerNew

Alabama: Middle and Southern 
0 
1

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, and Southern 
1 
0

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:

 

StateFormerNew

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, and Western 
1 
2

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:

 

StateFormerNew

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:

 

StateFormerNew

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

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–273, div. A, title III, §312(a)(3), Nov. 2, 2002, 116 Stat. 1787, provided that: "This subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on July 15, 2003."

Pub. L. 107–273, div. A, title III, §312(b)(3), Nov. 2, 2002, 116 Stat. 1788, provided that: "With respect to the central or southern district of Illinois, the northern district of New York, or the eastern district of Virginia, this subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on the earlier of—

"(A) the date on which the first vacancy in the office of district judge occurs in such district; or

"(B) July 15, 2003."

Effective Date of 1978 Amendment; Waiver of Standards and Guidelines; Failure To Comply

Pub. L. 95–486, §7, Oct. 20, 1978, 92 Stat. 1633, 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]."

Pub. L. 95–486, §11, Oct. 20, 1978, 92 Stat. 1634, 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

Pub. L. 86–3, §9, Mar. 18, 1959, 73 Stat. 8, 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

Pub. L. 118–203, §2(a), Dec. 23, 2024, 138 Stat. 2693, provided that: "The existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) [set out below] and the existing judgeships for the northern district of Alabama, the district of Arizona, the central district of California, the southern district of Florida, the district of New Mexico, the western district of North Carolina, and the eastern district of Texas authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 133 note) [set out below] shall, as of the effective date of this Act [Dec. 23, 2024], 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 Act."

Pub. L. 109–115, div. A, title IV, §406, Nov. 30, 2005, 119 Stat. 2470, as amended by Pub. L. 113–6, div. F, title III, §1312(b), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, §307(b), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, §306(b), Dec. 16, 2014, 128 Stat. 2351; Pub. L. 114–113, div. E, title III, §306(b), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, §306(b), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, §306(b), Mar. 23, 2018, 132 Stat. 556; Pub. L. 116–6, div. D, title III, §306(b), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, §306(b), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, §306(b), Dec. 27, 2020, 134 Stat. 1401; Pub. L. 117–103, div. E, title III, §306(b), Mar. 15, 2022, 136 Stat. 261; Pub. L. 117–328, div. E, title III, §306(b), Dec. 29, 2022, 136 Stat. 4672; Pub. L. 118–47, div. B, title III, §306(b), Mar. 23, 2024, 138 Stat. 542, provided that: "The existing judgeship for the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5089) [set out below] as amended by Public Law 105–53, as of the effective date of this Act [Nov. 30, 2005], shall be extended. The first vacancy in the office of district judge in this district occurring 31 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created by section 203(c) shall not be filled."

Pub. L. 107–273, div. A, title III, §312(a)(1), Nov. 2, 2002, 116 Stat. 1786, provided that: "The President shall appoint, by and with the advice and consent of the Senate—

"(A) 5 additional district judges for the southern district of California;

"(B) 1 additional district judge for the western district of North Carolina; and

"(C) 2 additional district judges for the western district of Texas."

Pub. L. 107–273, div. A, title III, §312(b)(1), Nov. 2, 2002, 116 Stat. 1787, provided that: "The existing district judgeships for the central district and the southern district of Illinois, the northern district of New York, and the eastern district of Virginia authorized by section 203(c)(3), (4), (9), and (12) of the Judicial Improvements Act of 1990 (Public Law 101–650, 28 U.S.C. 133 note [set out below]) shall be authorized under section 133 of title 28, United States Code, and the incumbents in such offices shall hold the offices under section 133 of title 28, United States Code (as amended by this section)."

Pub. L. 107–273, div. A, title III, §312(c), Nov. 2, 2002, 116 Stat. 1788, as amended by Pub. L. 113–6, div. F, title III, §1312(c), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, §307(c), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, §306(c), Dec. 16, 2014, 128 Stat. 2352; Pub. L. 114–113, div. E, title III, §306(c), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, §306(c), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, §306(c), Mar. 23, 2018, 132 Stat. 556; Pub. L. 116–6, div. D, title III, §306(c), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, §306(c), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, §306(c), Dec. 27, 2020, 134 Stat. 1401; Pub. L. 117–103, div. E, title III, §306(c), Mar. 15, 2022, 136 Stat. 262; Pub. L. 117–328, div. E, title III, §306(c), Dec. 29, 2022, 136 Stat. 4672; Pub. L. 118–47, div. B, title III, §306(c), Mar. 23, 2024, 138 Stat. 542, provided that:

"(1) In general.—The President shall appoint, by and with the advice and consent of the Senate—

"(A) 1 additional district judge for the northern district of Alabama;

"(B) 1 additional judge for the district of Arizona;

"(C) 1 additional judge for the central district of California;

"(D) 1 additional judge for the southern district of Florida;

"(E) 1 additional district judge for the district of New Mexico;

"(F) 1 additional district judge for the western district of North Carolina; and

"(G) 1 additional district judge for the eastern district of Texas.

"(2) Vacancies not filled.—The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, except in the case of the central district of California and the western district of North Carolina, occurring 22 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. The first vacancy in the office of district judge in the central district of California occurring 21 years and 6 months or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of North Carolina occurring 20 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled.

"(3) Effective date.—This subsection shall take effect on July 15, 2003."

Pub. L. 106–553, §1(a)(2) [title III, §305(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A–84, provided that: "The President shall appoint, by and with the advice and consent of the Senate—

"(1) 1 additional district judge for the district of Arizona;

"(2) 1 additional district judge for the southern district of Florida;

"(3) 1 additional district judge for the eastern district of Kentucky;

"(4) 1 additional district judge for the district of Nevada;

"(5) 1 additional district judge for the district of New Mexico;

"(6) 1 additional district judge for the district of South Carolina;

"(7) 1 additional district judge for the southern district of Texas;

"(8) 1 additional district judge for the western district of Texas;

"(9) 1 additional district judge for the eastern district of Virginia; and

"(10) 1 additional district judge for the eastern district of Wisconsin."

Pub. L. 106–113, div. B, §1000(a)(1) [title III, §309(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–37, provided that: "The President shall appoint, by and with the advice and consent of the Senate—

"(1) three additional district judges for the district of Arizona;

"(2) four additional district judges for the middle district of Florida; and

"(3) two additional district judges for the district of Nevada."

Pub. L. 101–650, title II, §203(a)–(c), Dec. 1, 1990, 104 Stat. 5099–5101, as amended by Pub. L. 104–60, §1, Nov. 28, 1995, 109 Stat. 635; Pub. L. 104–317, title III, §304, Oct. 19, 1996, 110 Stat. 3852; Pub. L. 105–53, §3, Oct. 6, 1997, 111 Stat. 1173; Pub. L. 107–273, div. A, title III, §312(d)(1), Nov. 2, 2002, 116 Stat. 1788; Pub. L. 109–289, div. B, title II, §21056, as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 55; Pub. L. 110–161, div. D, title III, §309, Dec. 26, 2007, 121 Stat. 1990; Pub. L. 111–8, div. D, title III, §309, Mar. 11, 2009, 123 Stat. 649; Pub. L. 111–117, div. C, title III, §307, Dec. 16, 2009, 123 Stat. 3177; Pub. L. 112–10, div. B, title V, §1530, Apr. 15, 2011, 125 Stat. 134; Pub. L. 112–74, div. C, title III, §306, Dec. 23, 2011, 125 Stat. 902; Pub. L. 113–6, div. F, title III, §1312(a), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, §307(a), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, §306(a), Dec. 16, 2014, 128 Stat. 2351; Pub. L. 114–113, div. E, title III, §306(a), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, §306(a), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, §306(a), Mar. 23, 2018, 132 Stat. 555; Pub. L. 116–6, div. D, title III, §306(a), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, §306(a), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, §306(a), Dec. 27, 2020, 134 Stat. 1400; Pub. L. 117–103, div. E, title III, §306(a), Mar. 15, 2022, 136 Stat. 261; Pub. L. 117–328, div. E, title III, §306(a); Pub. L. 118–47, div. B, title III, §306(a), Mar. 23, 2024, 138 Stat. 542, Dec. 29, 2022, 136 Stat. 4671, 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 eastern district of California;

"(2) 1 additional district judge for the district of Hawaii;

"(3) 1 additional district judge for the central district of Illinois;

"(4) 1 additional district judge for the southern district of Illinois;

"(5) 1 additional district judge for the district of Kansas;

"(6) 1 additional district judge for the western district of Michigan;

"(7) 1 additional district judge for the eastern district of Missouri;

"(8) 1 additional district judge for the district of Nebraska;

"(9) 1 additional district judge for the northern district of New York;

"(10) 1 additional district judge for the northern district of Ohio;

"(11) 1 additional district judge for the eastern district of Pennsylvania; and

"(12) 1 additional district judge for the eastern district of Virginia.

Except with respect to the district of Kansas, the western district of Michigan, the eastern district of Pennsylvania, the district of Hawaii, and the northern district of Ohio, the first vacancy in the office of district judge in each of the judicial districts named in this subsection, occurring 10 years or more after the confirmation date of the judge named to fill the temporary judgeship created by this subsection, shall not be filled. The first vacancy in the office of district judge in the district of Kansas occurring 33 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of Michigan, occurring after December 1, 1995, shall not be filled. The first vacancy in the office of district judge in the eastern district of Pennsylvania, occurring 5 years or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the northern district of Ohio occurring 19 years or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. The first vacancy in the office of the district judge in the district of Hawaii occurring 30 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. For districts named in this subsection for which multiple judgeships are created by this Act, the last of those judgeships filled shall be the judgeships created under this section."

[Pub. L. 107–273, div. A, title III, §312(d)(2), Nov. 2, 2002, 116 Stat. 1788, provided that: "The amendments made by this subsection [amending section 203(c) of Pub. L. 101–650, set out above] shall take effect on the date of enactment of this Act [Nov. 2, 2002]."]

Pub. L. 98–353, title II, §202(a)–(d), July 10, 1984, 98 Stat. 347, 348, 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."

Pub. L. 95–486, §1(a), Oct. 20, 1978, 92 Stat. 1629, 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."

Pub. L. 95–486, §2, Oct. 20, 1978, 92 Stat. 1632, 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."

Pub. L. 91–272, §1(a), June 2, 1970, 84 Stat. 294, 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."

Pub. L. 89–372, §2(a), Mar. 18, 1966, 80 Stat. 75, 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."

Pub. L. 87–36, §2(a), May 19, 1961, 75 Stat. 80, 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 act Feb. 10, 1954, ch. 6, §2, 68 Stat. 8, 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.—Pub. L. 91–272, §1(b), June 2, 1970, 84 Stat. 294, 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.—Pub. L. 89–372, §3(h), Mar. 18, 1966, 80 Stat. 77, 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 act Sept. 5, 1950, ch. 848, §2, 64 Stat. 578, 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.—Pub. L. 89–372, §2(b), Mar. 18, 1966, 80 Stat. 75, provided that: "The existing district judgeship for the northern, middle and southern districts of Florida heretofore provided for by section 133 of title 28, United States Code, shall hereafter be a district judgeship for the middle district of Florida only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act."

Georgia.—Act Mar. 29, 1949, ch. 37, 63 Stat. 16, which authorized the appointment of an additional judge for the middle district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Mar. 29, 1949, should henceforth hold his office under this section, as amended by Pub. L. 87–36, §2(d).

Kansas.—Pub. L. 89–372, §5(a), 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 act Feb. 10, 1954, ch. 6, §2(a)(2), 68 Stat. 9, which by section 2(b)(10) of act Feb. 10, 1954 provided that the incumbent of the judgeship created by act Dec. 24, 1942, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, §2(a)(3).

Nevada.—Act Feb. 10, 1954, ch. 6, §2(b)(2), 68 Stat. 10, 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.—Pub. L. 91–272, §2(a), June 2, 1970, 84 Stat. 296, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of New Jersey. The first vacancy occurring in the office of district judge in that district shall not be filled."

New Mexico.—Act Feb. 10, 1954, ch. 6, §2(b)(1), 68 Stat. 10, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87–36, §2(d).

North Carolina.—Pub. L. 91–272, §2(c), June 2, 1970, 84 Stat. 296, 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 act Aug. 3, 1949, ch. 387, §2(e), 63 Stat. 495, which also provided that the incumbent of the judgeship created by act May 1, 1941, should henceforth hold his office under this section, as amended by act Aug. 3, 1949, §2(a).

Pub. L. 87–36, §2(e)(1), (2), May 19, 1961, 75 Stat. 83, provided that:

"(1) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.

"(2) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled."

Oklahoma.—Act May 24, 1940, ch. 209, §2(a), 54 Stat. 219, providing for additional judgeships was amended by act Aug. 3, 1949, ch. 387, §2(b), 63 Stat. 495, to strike out "western district of Oklahoma", and to make the incumbent of the judgeship created by act May 24, 1940, henceforth hold his office under this section, as amended by act Aug. 3, 1949, §2(a).

Pennsylvania.—Pub. L. 91–272, §2(b), June 2, 1970, 84 Stat. 296, 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."

Pub. L. 89–372, §5(b), Mar. 18, 1966, 80 Stat. 78, as amended by Pub. L. 90–90, Sept. 23, 1967, 81 Stat. 228, which authorized the appointment of three additional district judges for the eastern district of Pennsylvania and which provided that the second, third, and fourth vacancies occurring after Mar. 18, 1966, in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272, June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeships be permanent judgeships and that the present incumbents henceforth hold their offices under this section, as amended by section 1(d) of Pub. L. 81–272.

Act Feb. 10, 1954, ch. 6, §2(b)(5), 68 Stat. 10, which authorized the appointment of an additional judge for the western district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87–36, §2(d).

Act July 24, 1946, ch. 600, §2, 60 Stat. 654, as amended by act Feb. 10, 1954, ch. 6, §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."

Act Aug. 3, 1949, ch. 387, §2(c), 63 Stat. 495, which provided for an additional temporary judgeship for the western district of Pennsylvania was repealed by act Aug. 29, 1950, ch. 848, §2, 64 Stat. 578, 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.—Pub. L. 89–242, §1(b), Oct. 7, 1965, 79 Stat. 951, 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, Sept. 7, 1957, 71 Stat. 631, 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]."

Act Feb. 10, 1954, ch. 6, §2(b)(3), 68 Stat. 10, as amended by Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631, 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.—Act Feb. 10, 1954, ch. 6, §2(b)(4), 68 Stat. 10, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Tennessee. The first vacancy occurring in the office of district judge in said district shall not be filled."

Texas.—Act Aug. 3, 1949, ch. 387, §2(d), 63 Stat. 495, which authorized the appointment of an additional judge for the Southern district, was repealed by act Feb. 10, 1954, ch. 6, §2(b)(11), 68 Stat. 11, which by section 2(a)(2) of act Feb. 10, 1954, made the additional judgeship permanent. Section 2(b)(11) of act Feb. 10, 1954 also provided that the incumbent of the judgeship created by section 2(d) of act Aug. 3, 1949, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, §2(a)(3).

Utah.—Act Feb. 10, 1954, ch. 6, §2(b)(6), 68 Stat. 11, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should hence forth hold his office under this section, as amended by Pub. L. 87–36, §2(d).

Virgin Islands.—Pub. L. 91–272, §3(a), June 2, 1970, 84 Stat. 296, 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.—Pub. L. 95–486, §1(b), Oct. 20, 1978, 92 Stat. 1630, 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, §2(c), May 19, 1961, 75 Stat. 81, 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.—Pub. L. 97–471, §2, Jan. 14, 1983, 96 Stat. 2601, 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 act Feb. 10, 1954, ch. 6, §2(a)(2), 68 Stat. 9, which by section 2(b)(12) of act Feb. 10, 1954, provided that the incumbent of the judgeship created by act June 22, 1936, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, §2(a)(3).

Wisconsin.—Pub. L. 89–372, §5(c), 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

Pub. L. 95–486, §8, Oct. 20, 1978, 92 Stat. 1633, 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

Act Aug. 3, 1949, ch. 387, §2(b)(2), 63 Stat. 495, 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."

Executive Documents

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, formerly set out as a note under section 1013 of 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.
28 U.S.C. § 3902 (2024) — Title 28: JUDICIARY AND JUDICIAL PROCEDURE / Chapter 179 / Section 3902: Judicial review of regulations
Judicial review of regulations
Status: in_force

In any proceeding under section 1296 or 1346(g) of this title in which the application of a regulation issued under chapter 5 of title 3 is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.

(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.
28 U.S.C. § 376 (2024) — Title 28: JUDICIARY AND JUDICIAL PROCEDURE / Chapter 17 / Section 376: Annuities for survivors of certain judicial officials of the United States
Annuities for survivors of certain judicial officials of the United States
Status: in_force

(a) For the purposes of this section—

(1) "judicial official" means:

(A) a Justice or judge of the United States, as defined by section 451 of this title;

(B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands;

(C) a Director of the Administrative Office of the United States Courts, after he or she has filed a waiver under subsection (a) of section 611 of this title;

(D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (a) of section 627 of this title;

(E) a Counselor to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title;

(F) a full-time bankruptcy judge or a full-time United States magistrate judge; or

(G) a judge of the United States Court of Federal Claims;

who notifies the Director of the Administrative Office of the United States Courts in writing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, (iii) January 1, 1977, (iv) October 1, 1986, (v) the date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate judge in active service on that date, (vi) the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, in the case of a full-time judge of the Court of Federal Claims in active service on that date, or (vii) the date of the enactment of the Federal Courts Administration Act of 1992;

(2) "retirement salary" means:

(A) in the case of a Justice or judge of the United States, as defined by section 451 of this title, salary paid (i) after retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of this title, or (ii) after retirement from office by resignation on salary under subsection (a) of section 371 of this title;

(B) in the case of a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands, (i) an annuity paid under subsection (a) of section 373 of this title or (ii) compensation paid under paragraph (4) of subsection (c) of section 373 of this title;

(C) in the case of a Director of the Administrative Office of the United States Courts, an annuity paid under subsection (b) or (c) of section 611 of this title;

(D) in the case of a Director of the Federal Judicial Center, an annuity paid under subsection (b) or (c) of section 627 of this title;

(E) in the case of a Counselor to the Chief Justice of the United States, an annuity paid in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title;

(F) in the case of a bankruptcy judge or United States magistrate judge, an annuity paid under section 377 of this title; and

(G) in the case of a judge of the United States Court of Federal Claims, an annuity paid under section 178 of this title;

(3) "widow" means the surviving wife of a "judicial official", who:

(A) has been married to him for at least one year on the day of his death; or

(B) is the mother of issue by that marriage;

(4) "widower" means the surviving husband of a "judicial official", who:

(A) has been married to her for at least one year on the day of her death; or

(B) is the father of issue by that marriage;

(5) "child" means:

(A) an unmarried child under eighteen years of age, including (i) an adopted child and (ii) a stepchild or recognized natural child who lived with the judicial official in a regular parent-child relationship;

(B) such unmarried child between eighteen and twenty-two years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable educational institution. A child whose twenty-second birthday occurs before July 1, or after August 31, of a calendar year, and while he or she is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July immediately following that birthday. A child who is a student is deemed not to have ceased being a student during an interim period between school years, if that interim period lasts no longer than five consecutive months and if that child shows, to the satisfaction of the Director of the Administrative Office of the United States Courts, that he or she has a bona fide intention of continuing to pursue a course of study or training in the same or a different school during the school semester, or other period into which the school year is divided, immediately following that interim period; or

(C) such unmarried child, regardless of age, who is incapable of self-support because of a mental or physical disability incurred either (i) before age eighteen, or (ii) in the case of a child who is receiving an annuity as a full-time student under paragraph (5)(B) of this subsection, before the termination of that annuity;

(6) "former spouse" means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months; and

(7) "assassinated" and "assassination" mean the killing of a judicial official described in paragraph (1)(A), (B), (F), or (G) of this subsection that is motivated by the performance by that judicial official of his or her official duties.

(b)(1) Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary—

(A) of a justice or judge of the United States retired from regular active service under section 371(b) or section 372(a) of this title,

(B) of a judge of the United States Court of Federal Claims retired under section 178 of this title, or

(C) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of this title,

shall be an amount equal to 2.2 percent of retirement salary.

(2) A judicial official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary on a later date shall file, within 90 days before leaving office, a written notification of his or her intention to remain within the purview of this section under such conditions and procedures as may be determined by the Director of the Administrative Office of the United States Courts. Every judicial official who files a written notification in accordance with this paragraph shall be deemed to consent to contribute, during the period before such a judicial official begins to receive his or her retirement salary, a sum equal to 3.5 percent of the deferred retirement salary which that judicial official is entitled to receive. Any judicial official who fails to file a written notification under this paragraph shall be deemed to have revoked his or her election under subsection (a) of this section.

(3) The amounts deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection shall, in accordance with such procedures as may be prescribed by the Comptroller General of the United States, be covered into the Treasury of the United States and credited to the "Judicial Survivors' Annuities Fund" established by section 3 of the Judicial Survivors' Annuities Reform Act. Such fund shall be used for the payment of annuities, refunds, and allowances as provided by this section. Payment of such salary less such deductions (and any deductions made under section 178 or 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5) shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all services rendered by such judicial official during the period covered by such payment, except the rights to those benefits to which such judicial official, or his or her survivors, shall be entitled under the provisions of this section (and under section 178 or 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5).

(c)(1) There shall also be deposited to the credit of the Judicial Survivors' Annuities Fund, in accordance with such procedures as the Comptroller General of the United States may prescribe, amounts required to reduce to zero the unfunded liability of the Judicial Survivors' Annuities Fund: Provided, That such amounts shall not exceed the equivalent of 9 percent of salary or retirement salary. Such deposits shall, subject to appropriations Acts, be taken from the fund used to pay the compensation of the judicial official, and shall immediately become an integrated part of the Judicial Survivors' Annuities Fund for any use required under this section.

(2) For purposes of paragraph (1), the term "unfunded liability" means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, United States Code, of the present value of all benefits payable from the Judicial Survivors' Annuities Fund, over the sum of—

(A) the present value of deductions to be withheld from the future basic pay of judicial officials; plus

(B) the balance in the Fund as of the date the unfunded liability is determined.

In making any determination under this paragraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, United States Code, with respect to the judicial survivors' annuities plan established by this section.

(3) There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

(d) Each judicial official shall deposit, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the credit of the "Judicial Survivors' Annuities Fund":

(1) a sum equal to 3.5 percent of that salary, including "retirement salary", which he or she has received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section prior to the date upon which he or she filed notice of an intention to come within the purview of this section with the Director of the Administrative Office of the United States Courts; and

(2) a sum equal to 3.5 percent of the basic salary, pay, or compensation which he or she has received for serving as a Senator, Representative, Delegate, or Resident Commissioner in Congress, or for serving as an "employee", as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section.

The interest otherwise required by this subsection shall not be required for any period during which a judicial official was separated from all such service and was not receiving any retirement salary.

Each such judicial official may elect to make such deposits in installments, during the continuance of his or her service in those offices designated in paragraph (1) of subsection (a) of this section, in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts: Provided, That, in each instance in which a judicial official does elect to make such deposits in installments, the Director shall require (i) that the first installment payment made shall be in an amount no smaller than that amount necessary to cover at least the last eighteen months of prior creditable civilian service, and (ii) that at least one additional installment payment shall be made every eighteen months thereafter until the total of all such deposits have been made.

Notwithstanding the failure of any such judicial official to make all such deposits or installment payments, credit shall be allowed for the service rendered, but the annuity of that judicial official's widow or widower shall be reduced by an amount equal to 10 percent of the amount of such deposits, computed as of the date of the death of such judicial official, unless such widow or widower shall elect to eliminate such service entirely from credit under subsection (k) of this section: Provided, That no deposit shall be required from any such judicial official for any honorable active duty service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, or for any other creditable service rendered prior to August 1, 1920.

(e) The amounts deducted and withheld in accordance with subsection (b) of this section, and the amounts deposited in accordance with subsection (d) of this section, shall be credited to individual accounts in the name of each judicial official from whom such amounts are received, for credit to the "Judicial Survivors' Annuities Fund".

(f) The Secretary of the Treasury shall invest, from time to time, in interest bearing securities of the United States or Federal farm loan bonds, those portions of the "Judicial Survivors' Annuities Fund" which in his judgment may not be immediately required for the payment of annuities, refunds, and allowances as provided in this section. The income derived from such investments shall constitute a part of such fund for the purposes of paying annuities and carrying out the provisions of subsections (g), (h), (m), (o), (p), and (q) of this section.

(g) If any judicial official leaves office and is ineligible to receive a retirement salary or leaves office and is entitled to a deferred retirement salary but fails to make an election under subsection (b)(2) of this section, all amounts credited to his or her account established under subsection (e), together with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, minus a sum equal to 2.2 percent of salary for service while deductions were withheld under subsection (b) or for which a deposit was made by the judicial official under subsection (d), shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this section, a "reasonable period of time" shall be presumed to be no longer than 1 year following the date upon which such judicial official relinquishes his or her office.

(h) Annuities payable under this section shall be paid only in accordance with the following provisions:

(1) In any case in which a judicial official dies while in office, while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section (A) after having completed at least eighteen months of creditable civilian service, as computed in accordance with subsection (k) of this section, for the last eighteen months of which the salary deductions provided by subsection (b) of this section or, in lieu thereof, the deposits required by subsection (d) of this section have actually been made, or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made—

(i) if such judicial official is survived by a widow or widower, but not by a child, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (l) of this section; or

(ii) if such judicial official is survived by a widow or widower and a child or children, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (l) of this section, and there shall also be paid to or on behalf of each such child an immediate annuity equal to:

(I) 10 percent of the average annual salary determined under subsection (l)(1) of this section; or

(II) 20 percent of such average annual salary, divided by the number of children;

whichever is smallest; or

(iii) if such judicial official leaves no surviving widow or widower, but does leave a surviving child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to:

(I) the amount of the annuity to which the judicial official's widow or widower would have been entitled under clause (i) of this paragraph, had such widow or widower survived the judicial official, divided by the number of children; or

(II) 20 percent of the average annual salary determined under subsection (l)(1) of this section; or

(III) 40 percent of such average annual salary amount, divided by the number of children;

whichever is smallest.

(2) An annuity payable to a widow or widower under clause (i) or (ii) of paragraph (1) of this subsection shall be terminated upon his or her death or remarriage before attaining age 55, subject to subsection (w).

(3) An annuity payable to a child under this subsection shall terminate:

(A) if such child is receiving an annuity based upon his or her status under paragraph (5)(A) of subsection (a) of this section, on the last day of the month during which he or she becomes eighteen years of age;

(B) if such child is receiving an annuity based upon his or her status under paragraph (5)(B) of subsection (a) of this section, either (i) on the first day of July immediately following his or her twenty-second birthday or (ii) on the last day of the month during which he or she ceases to be a full-time student in accordance with paragraph (5)(B) of subsection (a) of this section, whichever occurs first: Provided, That if such child is rendered incapable of self-support because of a mental or physical disability incurred while receiving that annuity, that annuity shall not terminate, but shall continue without interruption and shall be deemed to have become, as of the date of disability, an annuity based upon his or her status under clause (ii) of paragraph (5)(C) of subsection (a) of this section;

(C) if such child is receiving an annuity based upon his or her status under paragraph (5)(C) of subsection (a) of this section, on the last day of the month during which he or she ceases to be incapable of self-support because of mental or physical disability; or

(D) on the last day of the month during which such child dies or marries.

(4) An annuity payable to a child or children under paragraph (1)(ii) of this subsection shall be recomputed and paid as provided in paragraph (1)(iii) of this subsection upon the death, but not upon the remarriage, of the widow or widower who is receiving an annuity under paragraph (1)(ii) of this subsection.

(5) In any case in which the annuity of a child is terminated, the annuity of each remaining child which is based upon the service of the same judicial official shall be recomputed and paid as though the child whose annuity has been terminated had not survived that judicial official.

(6) In the case of the survivor or survivors of a judicial official to whom paragraph (1)(B) applies, there shall be deducted from the annuities otherwise payable under this section an amount equal to the amount of salary deductions that would have been made if such deductions had been made for 18 months prior to the judicial official's death.

(i)(1) All questions of dependency and disability arising under this section shall be determined by the Director of the Administrative Office of the United States Courts, subject to review only by the Judicial Conference of the United States, and the decision of the Judicial Conference of the United States shall be final and conclusive. The Director may order or direct at any time such medical or other examinations as he deems necessary to determine the facts relative to the nature and degree of disability of any child who is an annuitant, or an applicant for an annuity, under this section, and may suspend or deny any such annuity for failure to submit to any such examination.

(2) The Director of the Administrative Office of the United States Courts shall determine whether the killing of a judicial official was an assassination, subject to review only by the Judicial Conference of the United States. The head of any Federal agency that investigates the killing of a judicial official shall provide information to the Director that would assist the Director in making such determination.

(j) In any case in which a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability, as determined by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian or other fiduciary of such claimant by the laws of the State of residence of such claimant, or to any other person who is otherwise legally vested with the care of the claimant or of the claimant's estate, and need not be made directly to such claimant. The Director of the Administrative Office of the United States Courts may, at his or her discretion, determine whether such payment is made directly to such claimant or to such guardian, fiduciary, or other person legally vested with the care of such claimant or the claimant's estate. Where no guardian or other fiduciary of such minor or such person under legal disability has been appointed under the laws of the State of residence of such claimant, the Director of the Administrative Office of the United States Courts shall determine the person who is otherwise legally vested with the care of the claimant or of the claimant's estate.

(k) The years of service rendered by a judicial official which may be creditable in calculating the amount of an annuity for such judicial official's widow or widower under subsection (l) of this section shall include—

(1) those years during which such judicial official served in any of the offices designated in paragraph (1) of subsection (a) of this section, including in the case of a Justice or judge of the United States those years during which he or she continued to hold office following retirement from regular active service under section 371 or subsection (a) of section 372 of this title;

(2) those years during which such judicial official served as a Senator, Representative, Delegate, or Resident Commissioner in Congress, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section;

(3) those years during which such judicial official honorably served on active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section: Provided, That those years of such military service for which credit has been allowed for the purposes of retirement or retired pay under any other provision of law shall not be included as allowable years of such service under this section;

(4) those years during which such judicial official served as an "employee", as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section,1 and

(5) those years during which such judicial official had deductions withheld from his or her retirement salary in accordance with subsection (b)(1) or (2) of this section.

For the purposes of this subsection the term "years" shall mean full years and twelfth parts thereof, excluding from the aggregate any fractional part of a month which numbers less than fifteen full days and including, as one full month, any fractional part of a month which numbers fifteen full days or more. Nothing in this subsection shall be interpreted as waiving or canceling that reduction in the annuity of a widow or widower which is required by subsection (d) of this section due to the failure of a judicial official to make those deposits required by subsection (d) of this section.

(l) The annuity of a widow or widower of a judicial official shall be an amount equal to the sum of—

(1) 1.5 percent of the average annual salary, including retirement salary, which such judicial official received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section (i) during those three years of such service, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary was greatest, or (ii) if such judicial official has so served less than three years, then during the total period of such service prior to his or her death, multiplied by the total of:

(A) the number of years of creditable service tabulated in accordance with paragraph (1) of subsection (k) of this section; plus

(B) the number of years of creditable service tabulated in accordance with paragraph (2) of subsection (k) of this section; plus

(C) the number of years of creditable service tabulated in accordance with paragraph (3) of subsection (k) of this section; plus

(D) the number of years during which the judicial official had deductions withheld from his or her retirement salary under subsection (b)(1) or (2) of this section; plus

(E) the number of years up to, but not exceeding, fifteen of creditable service tabulated in accordance with paragraph (4) of subsection (k) of this section,

plus:

(2) three-fourths of 1 percent of such average annual salary, multiplied by the number of years of any prior creditable service, as tabulated in accordance with subsection (k) of this section, not applied under paragraph (1) of this subsection;

except that such annuity shall not exceed an amount equal to 50 percent of such average annual salary, nor be less than an amount equal to 25 percent of such average annual salary. Any annuity determined in accordance with the provisions of this subsection shall be reduced to the extent required by subsection (d) of this section, and by the amount of any annuity payable to a former spouse under subsection (t).

(m) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, each annuity payable from the Judicial Survivors' Annuities Fund shall be increased at the same time by the same percentage by which annuities are increased under that section.

(n) Each annuity authorized under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. No annuity authorized under this section shall be assignable, either in law or in equity, except as provided in subsections (s) and (t), or subject to execution, levy, attachment, garnishment, or other legal process.

(o)(1) In any case in which a judicial official dies while in office, while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section, and;

(A) subject to paragraph (2) of this subsection, before having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which the salary deductions provided by subsection (b) of this section or the deposit required by subsection (d) of this section have actually been made; or

(B) after having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which all such deductions or deposits have been made, but without a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section; or

(C) the rights of all persons entitled to receive the annuity benefits provided by subsection (h) or (t) of this section terminate before a valid claim therefor has been established;

the total amount credited to the individual account of that judicial official, established under subsection (e) of this section, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official's death, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence:

First, to the beneficiary or beneficiaries whom that judicial official may have designated in a writing received by the Administrative Office of the United States Courts prior to his or her death;

Second, if there be no such beneficiary, to the widow or widower of such judicial official;

Third, if none of the above, to the child or children of such judicial official and the descendants of any deceased children by representation;

Fourth, if none of the above, to the parents of such judicial official or the survivor of them;

Fifth, if none of the above, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such judicial official;

Sixth, if none of the above, to such other next of kin of such judicial official, as may be determined by the Director of the Administrative Office of the United States Courts to be entitled to such payment, under the laws of the domicile of such judicial official, at the time of his or her death.

Such payment shall be a bar to recovery by any other person. For the purposes of this subsection only, a determination that an individual is a widow, widower, or child of a judicial official may be made by the Director of the Administrative Office of the United States Courts without regard to the definitions of those terms contained in paragraphs (3), (4), and (5) of subsection (a) of this section.

(2) In cases in which a judicial official dies as a result of assassination and leaves a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section, paragraph (1)(A) of this subsection shall not apply.

(p) In any case in which all the annuities which are authorized by this section and based upon the service of a given official terminate before the aggregate amount of annuity payments received by the annuitant or annuitants equals the total amount credited to the individual account of such judicial official, established under subsection (e) of this section with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official's death, the difference between such total amount, with such interest, and such aggregate amount shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (o) of this section.

(q) Any accrued annuity benefits remaining unpaid upon the termination of an annuity, other than by the death of an annuitant, shall be paid to that annuitant. Any accrued annuity benefits remaining unpaid upon the death of an annuitant shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such annuitant;

Second, if there is no such executor, executrix, administrator, or administratrix, payments shall be made, after the expiration of sixty days from the date of death of such annuitant, to such individual or individuals as may appear, in the judgment of the Director of the Administrative Office of the United States Courts, to be legally entitled thereto, and such payment shall be a bar to recovery by any other individual.

(r) Nothing contained in this section shall be interpreted to prevent a widow or widower eligible for an annuity under this section from simultaneously receiving such an annuity while also receiving any other annuity to which such widow or widower may also be entitled under any other law without regard to this section: Provided, That service used in the computation of the annuity conferred by this section shall not also be credited in computing any such other annuity.

(s) A judicial official who has a former spouse may elect, under procedures prescribed by the Director of the Administrative Office of the United States Courts, to provide a survivor annuity for such former spouse under subsection (t). An election under this subsection shall be made at the time of retirement, or, if later, within 2 years after the date on which the marriage of the former spouse to the judicial official is dissolved. An election under this subsection—

(1) shall not be effective to the extent that it—

(A) conflicts with—

(i) any court order or decree referred to in subsection (t)(1), which was issued before the date of such election, or

(ii) any agreement referred to in such subsection which was entered into before such date; or

(B) would cause the total of survivor annuities payable under subsections (h) and (t) based on the service of the judicial official to exceed 55 percent of the average annual salary (as such term is used in subsection (l)) of such official; and

(2) shall not be effective, in the case of a judicial official who is then married, unless it is made with the spouse's written consent.

The Director of the Administrative Office of the United States Courts shall provide by regulation that paragraph (2) of this subsection may be waived if the judicial official establishes to the satisfaction of the Director that the spouse's whereabouts cannot be determined, or that, due to exceptional circumstances, requiring the judicial official to seek the spouse's consent would otherwise be inappropriate.

(t)(1) Subject to paragraphs (2) through (4) of this subsection, a former spouse of a deceased judicial official is entitled to a survivor annuity under this section if and to the extent expressly provided for in an election under subsection (s), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.

(2) The annuity payable to a former spouse under this subsection may not exceed the difference between—

(A) the maximum amount that would be payable as an annuity to a widow or widower under subsection (l), determined without taking into account any reduction of such annuity caused by payment of an annuity to a former spouse; and

(B) the amount of any annuity payable under this subsection to any other former spouse of the judicial official, based on an election previously made under subsection (s), or a court order previously issued.

(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—

(A) shall not commence before—

(i) the day after the judicial official dies, or

(ii) the first day of the second month beginning after the date on which the Director of the Administrative Office of the United States Courts receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Director may prescribe,

whichever is later, and

(B) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.

(4) For purposes of this section, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective—

(A) if such modification is made after the retirement of the judicial official concerned, and

(B) to the extent that such modification involves an annuity under this subsection.

(u) In the case of a judicial official who is assassinated, an annuity shall be paid under this section notwithstanding a survivor's eligibility for or receipt of benefits under chapter 81 of title 5, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of title 5 for any year would exceed the current salary for that year of the office of the judicial official.

(v) Subject to the terms of a decree, court order, or agreement described in subsection (t)(1), if any judicial official ceases to be married after making the election under subsection (a), he or she may revoke such election in writing by notifying the Director of the Administrative Office of the United States Courts. The judicial official shall also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director of the Administrative Office of the United States Courts shall by regulation prescribe. The Director may provide under such regulations that the notification requirement may be waived with respect to a spouse or former spouse if the judicial official establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined.

(w) In the case of a widow or widower whose annuity under clause (i) or (ii) of subsection (h)(1) is terminated because of remarriage before attaining 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—

(1) the widow or widower elects to receive this annuity instead of any other survivor annuity to which such widow or widower may be entitled, under this chapter or under another retirement system for Government employees, by reason of the remarriage; and

(2) any payment made to such widow or widower under subsection (o) or (p) on termination of the annuity is returned to the Judicial Survivors' Annuities Fund.

(x) For each year of Federal judicial service completed, judicial officials who are enrolled in the Judicial Survivors' Annuities System on the date of enactment of the Judicial Survivors Protection Act of 2009 may purchase, in 3-month increments, up to an additional year of service credit, under the terms set forth in this section. In the case of judicial officials who elect to enroll in the Judicial Survivors' Annuities System during the statutory open enrollment period authorized under the Judicial Survivors Protection Act of 2009, for each year of Federal judicial service completed, such an official may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in section 4(a) of that Act.

(Added Aug. 3, 1956, ch. 944, §2, 70 Stat. 1021; amended Pub. L. 85–508, §12(n), July 7, 1958, 72 Stat. 348; Pub. L. 90–219, title II, §202, Dec. 20, 1967, 81 Stat. 668; Pub. L. 90–466, §1(a), Aug. 8, 1968, 82 Stat. 662; Pub. L. 92–397, §§2, 3(c), Aug. 22, 1972, 86 Stat. 579, 580; Pub. L. 94–554, §2, Oct. 19, 1976, 90 Stat. 2603; Pub. L. 95–598, title II, §211, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 99–336, §2(a), (d)(1)–(3), (e), June 19, 1986, 100 Stat. 633, 635–637; Pub. L. 99–396, §21(b), Aug. 27, 1986, 100 Stat. 846; Pub. L. 100–659, §3(a), Nov. 15, 1988, 102 Stat. 3917; Pub. L. 100–702, title X, §1017(a), Nov. 19, 1988, 102 Stat. 4670; Pub. L. 101–650, title III, §§306(b), 321, 322(a)–(f), (g)[(h)], Dec. 1, 1990, 104 Stat. 5109, 5117–5120; Pub. L. 102–572, title II, §201(a)–(i), title IX, §902(b), Oct. 29, 1992, 106 Stat. 4508–4510, 4516; Pub. L. 104–317, title III, §§302, 308, Oct. 19, 1996, 110 Stat. 3851, 3853; Pub. L. 106–518, title III, §312(b), Nov. 13, 2000, 114 Stat. 2421; Pub. L. 110–402, §1(b)(2), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 110–428, §3(a), (b), Oct. 15, 2008, 122 Stat. 4840; Pub. L. 111–49, §6, Aug. 12, 2009, 123 Stat. 1977; Pub. L. 112–234, §2(b), Dec. 28, 2012, 126 Stat. 1624.)

Editorial Notes

References in Text

The date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (a)(1)(v), is the date of the enactment of Pub. L. 100–659, which was approved Nov. 15, 1988.

The date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, referred to in subsec. (a)(1)(vi), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.

The date of the enactment of the Federal Courts Administration Act of 1992, referred to in subsec. (a)(1)(vii), is the date of enactment of Pub. L. 102–572, which was approved Oct. 29, 1992.

Section 3 of the Judicial Survivors' Annuities Reform Act, referred to in subsec. (b)(3), is section 3 of Pub. L. 94–554, which is set out as a note below.

The date of enactment of the Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is the date of enactment of Pub. L. 111–49, which was approved Aug. 12, 2009.

The Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is Pub. L. 111–49, Aug. 12, 2009, 123 Stat. 1976, which amended this section and enacted provisions set out as a note under this section. Section 4(a) of the Act is set out in a note under this section. For complete classification of this Act to the Code, see Tables.

Amendments

2012—Subsec. (h)(2). Pub. L. 112–234, §2(b)(2), substituted "subsection (w)" for "subsection (x)".

Subsecs. (w) to (y). Pub. L. 112–234, §2(b)(1), redesignated subsecs. (x) and (y) as (w) and (x), respectively, and struck out former subsec. (w) which read as follows: "The Comptroller General of the United States shall, at the end of each 3-fiscal year period, determine whether the contributions by judicial officials under subsection (b) during that 3-year period accounted for 50 percent of the costs of the Judicial Survivors' Annuities Fund and if not, then what adjustments in the contribution rates under subsection (b) should be made to achieve that 50 percent figure. The Comptroller General shall report the results of each determination under this subsection to the Congress."

2009—Subsec. (y). Pub. L. 111–49 added subsec. (y).

2008—Subsec. (a)(1)(E), (2)(E). Pub. L. 110–402 substituted "a Counselor" for "an administrative assistant".

Subsec. (h)(2). Pub. L. 110–428, §3(b), substituted ", subject to subsection (x)." for period at end.

Subsec. (x). Pub. L. 110–428, §3(a), added subsec. (x).

2000—Subsec. (a)(1)(D). Pub. L. 106–518, §312(b)(1), substituted "subsection (a)" for "subsection (b)".

Subsec. (a)(2)(D). Pub. L. 106–518, §312(b)(2), substituted "subsection (b) or (c)" for "subsection (c) or (d)".

1996—Subsec. (b)(1). Pub. L. 104–317, §308, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary, a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary—

"(A) of a justice or judge of the United States retired from regular active service who is described in section 371(b)(1) of this title,

"(B) of a justice or judge of the United States retired under section 372(a) of this title who is willing and able to perform judicial duties in accordance with section 294 of this title,

"(C) of a judge of the United States Court of Federal Claims retired under section 178(a) or (b) of this title who meets the requirements of section 178(d) of this title, or

"(D) of a judicial official on recall under section 155(b), 797, 373(c)(4), 375, or 636(h) of this title,

shall be an amount equal to 2.2 percent of retirement salary."

Subsec. (o)(1). Pub. L. 104–317, §302, substituted "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section," for "or while receiving 'retirement salary'," in introductory provisions.

1992—Subsec. (a)(1). Pub. L. 102–572, §§201(a), 902(b)(2), in concluding provisions substituted "Court of Federal Claims" for "Claims Court" in cl. (vi) and added cl. (vii).

Subsec. (a)(1)(G), (2)(G). Pub. L. 102–572, §902(b)(1), substituted "United States Court of Federal Claims" for "United States Claims Court".

Subsec. (b). Pub. L. 102–572, §201(b), designated first sentence as par. (1), substituted "a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary." and second sentence for "including any 'retirement salary', a sum equal to 5 percent of that salary.", added par. (2), designated last 3 sentences as par. (3), and substituted "deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection" for "so deducted and withheld from the salary of each such judicial official".

Subsec. (d)(1), (2). Pub. L. 102–572, §201(c), substituted "3.5 percent" for "5 percent".

Subsec. (g). Pub. L. 102–572, §201(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "If any judicial official resigns from office without receiving any 'retirement salary,' all amounts credited to his or her individual account, together with interest at 4 percent per annum to December 31, 1947; and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this subsection a 'reasonable period of time' shall be presumed to be no longer than one year following the date upon which such judicial official relinquished his or her office."

Subsec. (h)(1). Pub. L. 102–572, §201(e), substituted "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section" for "or while receiving 'retirement salary,' ".

Subsec. (k)(5). Pub. L. 102–572, §201(f), added par. (5).

Subsec. (l)(1). Pub. L. 102–572, §201(g), substituted ", or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary" for "in which his or her annual salary" in cl. (i) of introductory provisions, added subpar. (D), and redesignated former subpar. (D) as (E).

Subsec. (v). Pub. L. 102–572, §201(h), added subsec. (v).

Subsec. (w). Pub. L. 102–572, §201(i), added subsec. (w).

1990—Subsec. (a)(1). Pub. L. 101–650, §306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end.

Subsec. (a)(2)(G). Pub. L. 101–650, §306(b)(2), added subpar. (G).

Subsec. (a)(5)(C). Pub. L. 101–650, §322(g)(2), substituted "paragraph" for "subparagraph".

Subsec. (a)(7). Pub. L. 101–650, §322(b), added par. (7).

Subsec. (b). Pub. L. 101–650, §306(b)(3), substituted "section 178 or 377" for "section 377" in two places.

Subsec. (h)(1). Pub. L. 101–650, §322(a)(1)–(4), inserted "(A)" before "after having completed", inserted ", or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made" after "have actually been made", redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (iii) redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, and in subcl. (I) substituted "clause (i) of this paragraph" for "subparagraph (1)(A) of this subsection".

Subsec. (h)(2). Pub. L. 101–650, §322(g)(1)(A), substituted "clause (i) or (ii) of paragraph (1)" for "subparagraphs (1)(A) or (1)(B)".

Subsec. (h)(3). Pub. L. 101–650, §322(g)(1)(B), substituted "paragraph" for "subparagraph" wherever appearing.

Subsec. (h)(4). Pub. L. 101–650, §322(g)(1)(C), substituted "paragraph (1)(ii)" for "subparagraph (1)(B)" in two places and "paragraph (1)(iii)" for "subparagraph (1)(C)".

Subsec. (h)(6). Pub. L. 101–650, §322(a)(5), added par. (6).

Subsec. (i). Pub. L. 101–650, §322(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (l)(1)(ii). Pub. L. 101–650, §322(d), struck out "but more than eighteen months," after "less than three years,".

Subsec. (o). Pub. L. 101–650, §322(e), inserted "(1)" after "(o)", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, inserted "subject to paragraph (2) of this subsection," before "before having completed" in subpar. (A), and added par. (2).

Subsec. (u). Pub. L. 101–650, §322(f), added subsec. (u).

1988—Subsec. (a)(1). Pub. L. 100–659, §3(a)(1), added subpar. (F) and substituted ", (iv) October 1, 1986, or (v) the date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate in active service on that date;" for "; or (iv) October 1, 1986;" in concluding provisions.

Subsec. (a)(2)(F). Pub. L. 100–659, §3(a)(2), added subpar. (F).

Subsec. (b). Pub. L. 100–659, §3(a)(3), inserted "(and any deductions made under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)" after "deductions" and "(and under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)" before period at end of last sentence.

Subsec. (m). Pub. L. 100–702 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: "Whenever the salary paid for service in one of the offices designated in paragraph (1) of subsection (a) of this section is increased, each annuity payable from the 'Judicial Survivors' Annuities Fund', which is based, in whole or in part, upon a deceased judicial official having rendered some portion of his or her final eighteen months of service in that same office, shall also be increased. The actual amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each 5 percent by which such salary has been increased. In the event that such salary is increased by less than 5 percent, there shall be no increase in such annuity."

1986—Subsec. (a)(1). Pub. L. 99–336, §2(a)(1), substituted "she marries, (iii) January 1, 1977; or (iv) October 1, 1986" for "she marries, or (iii) the date upon which the Judicial Survivors' Annuities Reform Act becomes effective" in concluding provision.

Subsec. (a)(1)(B). Pub. L. 99–396, §21(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands;".

Subsec. (a)(2)(B). Pub. L. 99–396, §21(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, salary paid after retirement from office (i) by resignation on salary under section 373 of this title or (ii) by removal or failure of reappointment after not less than ten years' judicial service;".

Subsec. (a)(6). Pub. L. 99–336, §2(d)(1), added par. (6).

Subsec. (b). Pub. L. 99–336, §2(a)(2), substituted "5 percent" for "4.5 percent".

Subsec. (c). Pub. L. 99–336, §2(a)(3), in amending subsec. (c) generally, designated existing provisions as par. (1), substituted provisions which related to amounts deposited to credit of Judicial Survivors' Annuities Fund to reduce unfunded liability of Fund to zero, for provisions which related to deposit of amounts matching those deducted and withheld in accordance with subsec. (b), and added pars. (2) and (3).

Subsec. (d). Pub. L. 99–336, §2(a)(2), substituted "5 percent" for "4.5 percent" in pars. (1) and (2).

Subsec. (h)(1)(B). Pub. L. 99–336, §2(a)(4)(A), substituted "10 percent of the average annual salary determined under subsection (l)(1) of this section" for "$1,548" in cl. (i) and "20 percent of such average annual salary" for "$4,644" in cl. (ii).

Subsec. (h)(1)(C). Pub. L. 99–336, §2(a)(4)(B), substituted "20 percent of the average annual salary determined under subsection (l)(1) of this section" for "$1,860" in cl. (ii) and "40 percent of such average annual salary amount" for "$5,580" in cl. (iii).

Subsec. (h)(2). Pub. L. 99–336, §2(a)(4)(C), inserted "before attaining age 55" after "or remarriage".

Subsec. (k)(1). Pub. L. 99–336, §2(e), struck out "under subsection (b) of" before "section 371".

Subsec. (l). Pub. L. 99–336, §2(a)(5)(C), (d)(3)(A), substituted provisions which set annuity limit not to exceed 50 percent of, nor be less than 25 percent of, average annual salary, for provisions which set annuity limit not to exceed 40 percent of average annual salary, and inserted provision that annuity determined in accordance with provisions of subsec. (l) be reduced by the amount of any annuity payable to a former spouse under subsection (t).

Subsec. (l)(1). Pub. L. 99–336, §2(a)(5)(A), substituted "1.5 percent" for "1¼ percent".

Subsec. (l)(2). Pub. L. 99–336, §2(a)(5)(B), substituted "of this subsection;" for "of this subsection:".

Subsec. (n). Pub. L. 99–336, §2(d)(3)(B), inserted "except as provided in subsections (s) and (t)," after "in equity," in last sentence.

Subsec. (o)(2), (3). Pub. L. 99–336, §2(d)(3)(C), inserted "or (t)" after "subsection (h)".

Subsecs. (s), (t). Pub. L. 99–336, §2(d)(2), added subsecs. (s) and (t).

1978—Subsec. (a)(2)(A). Pub. L. 95–598 directed the amendment of subpar. (A) by adding cl. (iii) relating to bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

1976—Pub. L. 94–554 amended section generally so as to reform and update the existing judicial survivors' annuity program providing benefits for surviving spouses and children of all Federal Justices and judges who elect to join the program by placing the program in an actuarially sound fiscal condition, providing more liberal eligibility standards and reasonable increases in existing annuity amounts made necessary by increases in the cost of living since existing annuities were commenced, and by establishing a method for providing future periodic increases in annuity amounts by keying them into increases in judicial salaries.

1972—Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o). Pub. L. 92–397 substituted "of justices and judges of the United States" for "of judges" in section catchline and substituted "justice or judge" for "judge" and "justice's or judge's" for "judge's" wherever appearing.

1968—Subsec. (a). Pub. L. 90–466 struck out "(or within six months after the enactment of this section)" after "takes office" and authorized Federal judges to elect within six months of marriage to participate in the judicial survivors annuity system.

1967—Subsecs. (r), (s). Pub. L. 90–219 added subsecs. (r) and (s).

1958—Subsec. (q). Pub. L. 85–508 struck out provisions which related to the judge of the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

Statutory Notes and Related Subsidiaries

Change of Name

Words "magistrate judge" and "United States magistrate judge" substituted for "magistrate" and "United States magistrate", respectively, wherever appearing in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.

Effective Date of 2008 Amendment

Pub. L. 110–428, §3(c), Oct. 15, 2008, 122 Stat. 4840, as amended by Pub. L. 111–32, title V, §501(a), June 24, 2009, 123 Stat. 1879, provided that:

"(1) In general.—This section [amending this section] and the amendments made by this section shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act [Oct. 15, 2008] and shall apply in the case of a remarriage which is dissolved by death, divorce, or annulment on or after such first day.

"(2) Limited retroactive effect.—

"(A) In general.—In the case of a remarriage which is dissolved by death, divorce, or annulment within the 5-year period ending on the day before the effective date of this section, the amendments made by this section shall apply only if the widow or widower satisfies the requirements of paragraphs (1) and (2) of section 376(x) [now 376(w)] of title 28, United States Code (as amended by this section) before—

"(i) the end of the 2-year period beginning on the effective date of this section; or

"(ii) such later date as Director of the Administrative Office of the United States Courts may by regulation prescribe.

"(B) Restoration.—If the requirements of paragraph (1) are satisfied, the survivor annuity shall be restored, commencing on the date the remarriage was dissolved by death, annulment, or divorce, at the rate which was in effect when the annuity was terminated.

"(C) Lump-sum payment.—Any amounts becoming payable to the widow or widower under this subsection for the period beginning on the date on which the annuity was terminated and ending on the date on which periodic annuity payments resume shall be payable in a lump-sum payment."

[Pub. L. 111–32, title V, §501(b), June 24, 2009, 123 Stat. 1879, provided that: "The amendments made by subsection (a) [amending section 3(c) of Pub. L. 110–428, set out above] shall take effect as if included in the enactment of Public Law 110–428."]

Effective Date of 1992 Amendment

Pub. L. 102–572, title II, §202, Oct. 29, 1992, 106 Stat. 4511, provided that: "This title [amending this section and enacting provisions set out below] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 29, 1992]."

Amendment by section 902(b) of Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1990 Amendment; Transition Provisions

Amendment by section 306(b) of Pub. L. 101–650 applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101–650, as amended, set out as a note under section 8331 of Title 5, Government Organization and Employees.

Pub. L. 101–650, title III, §322(g), Dec. 1, 1990, 104 Stat. 5119, provided that:

"(1) Effective date.—Subject to paragraph (2), the amendments made by this Act [probably should be "section", which amended this section] shall apply to all judicial officials assassinated on or after May 28, 1979.

"(2) Rules for retroactive application.—(A) In the case of a judicial official who was assassinated on or after May 28, 1979, and before the date of the enactment of this Act [Dec. 1, 1990], if the salary deductions provided by subsection (b) of section 376 of title 28, United States Code, or the deposits required by subsection (d) of such section, have been withdrawn pursuant to subsection (o) of such section, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount so withdrawn, with interest on the amount withdrawn at 3 percent per annum compounded on December 31 of each year.

"(B) In the case of the survivor or survivors of a judicial official to whom this paragraph applies who had less than 18 months of service before being assassinated, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount of salary deductions that would have been made if such deductions [had] been made for 18 months before the judicial official's death, plus interest as described in subparagraph (A).

"(C) Subject to subparagraphs (A) and (B), the survivor or survivors of a judicial official to whom this paragraph applies shall be entitled to the payment of annuities they would have received under section 376 of title 28, United States Code, for the period beginning on the date such judicial official was assassinated and ending the date of the enactment of this Act. The Secretary of the Treasury shall pay into the Judicial Survivors' Annuities fund, out of any money in the Treasury not otherwise appropriated, the amount of the annuities to which the survivor or survivors are entitled under this subparagraph.

"(3) Definition.—For purposes of this subsection, the term—

"(A) 'assassinated' has the meaning given that term in section 376(a)(7) of title 28, United States Code, as added by this section; and

"(B) 'judicial official' has the meaning given that term in section 376(a)(1)(A) and (B) of title 28, United States Code."

Effective Date of 1988 Amendments

Pub. L. 100–702, title X, §1017(c), Nov. 19, 1988, 102 Stat. 4670, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to increases in annuities which are made under section 8340(b) of title 5, United States Code, on or after the date of enactment of this title [Nov. 19, 1988]."

Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–396 not to affect the amount payable to a judge who retired in accordance with the provisions of section 373 of this title in effect on the day before Aug. 27, 1986, see section 21(c) of Pub. L. 99–396, set out as a note under section 373 of this title.

Pub. L. 99–336, §2(f), June 19, 1986, 100 Stat. 637, provided that: "This section [amending this section and enacting provisions set out below] shall take effect on October 1, 1986."

Effective Date of 1976 Amendment

Pub. L. 94–554, §8, Oct. 19, 1976, 90 Stat. 2612, provided: "That this Act [amending this section and enacting provisions set out below] shall become effective on the first day of the third month following the month in which it is enacted [Jan. 1, 1977], or on October 1, 1976, whichever occurs last."

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. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

Retroactive Effect of 1967 Amendment

The provisions of section 611(a) of this title, the first paragraph of section 611(b) of this title, and subsec. (s) of this section, as added by Pub. L. 90–219, applicable to a Director or former Director of the Administrative Office of the United States Courts who was first appointed prior to Dec. 20, 1967 if at the time such Director or former Director left or leaves such office he had, or shall have, attained the age of sixty-five years and completed fifteen years of service as Director of the Administrative Office of the United States Courts and if, on or before the expiration of six months following Dec. 20, 1967, he makes the election referred to in section 611(a) of this title or subsec. (s) of this section, or both, as the case may be, see section 205(b) of Pub. L. 90–219, set out as a Retroactive Effect note under section 611 of this title.

Savings Provision

Pub. L. 94–554, §6, Oct. 19, 1976, 90 Stat. 2611, provided: "That the benefits conferred by this Act shall, on the date upon which this Act becomes effective [Jan. 1, 1977], immediately become available to any individual then receiving an annuity under section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended: Provided, That although the rights of any judicial official electing to come within the purview of section 376 of title 28, United States Code, on or after the date upon which this Act becomes effective, shall be determined exclusively under the provisions of that section as amended by this Act, nothing in this Act shall be interpreted to cancel, abrogate, or diminish any rights to which an individual or his or her survivors may be entitled by virtue of that individuals having contributed to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) as amended, before the date upon which this Act becomes effective."

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Judicial Survivors Protection

Pub. L. 111–49, Aug. 12, 2009, 123 Stat. 1976, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Judicial Survivors Protection Act of 2009'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) The term 'judicial official' refers to incumbent officials defined under section 376(a) of title 28, United States Code.

"(2) The term 'Judicial Survivors' Annuities Fund' means the fund established under section 3 of the Judicial Survivors' Annuities Reform Act (28 U.S.C. 376 note; Public Law 94–554; 90 Stat. 2611).

"(3) The term 'Judicial Survivors' Annuities System' means the program established under section 376 of title 28, United States Code.

"SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL SURVIVORS' ANNUITIES SYSTEM.

"(a) Election of Judicial Survivors' Annuities System Coverage.—An eligible judicial official may elect to participate in the Judicial Survivors' Annuities System during the open enrollment period specified in subsection (d).

"(b) Manner of Making Elections.—An election under this section shall be made in writing, signed by the person making the election, and received by the Director of the Administrative Office of the United States Courts before the end of the open enrollment period.

"(c) Effective Date for Elections.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Director.

"(d) Open Enrollment Period Defined.—The open enrollment period under this section is the 6-month period beginning 30 days after the date of enactment of this Act [Aug. 12, 2009].

"SEC. 4. JUDICIAL OFFICERS' CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION.

"(a) Contribution Rate.—Every active judicial official who files a written notification of his or her intention to participate in the Judicial Survivors' Annuities System during the open enrollment period shall be deemed thereby to consent and agree to having deducted from his or her salary a sum equal to 2.75 percent of that salary or a sum equal to 3.5 percent of his or her retirement salary, except that the deduction from any retirement salary—

"(1) of a justice or judge of the United States retired from regular active service under section 371(b) or 372(a) of title 28, United States Code;

"(2) of a judge of the United States Court of Federal Claims retired under section 178 of title 28, United States Code; or

"(3) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of title 28, United States Code,

shall be an amount equal to 2.75 percent of retirement salary.

"(b) Contributions To Be Credited to Judicial Survivors' Annuities Fund.—Contributions made under subsection (a) shall be credited to the Judicial Survivors' Annuities Fund.

"SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE.

"(a) Lump Sum Deposit.—Any judicial official who files a written notification of his or her intention to participate in the Judicial Survivors' Annuities System during the open enrollment period may make a deposit equaling 2.75 percent of salary, plus 3 percent annual, compounded interest, for the last 18 months of prior service, to receive the credit for prior judicial service required for immediate coverage and protection of the official's survivors. Any such deposit shall be made on or before the closure of the open enrollment period.

"(b) Deposits To Be Credited to Judicial Survivors' Annuities Fund.—Deposits made under subsection (a) shall be credited to the Judicial Survivors' Annuities Fund.

"SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY.

"[Amended this section.]

"SEC. 7. EFFECTIVE DATE.

"This Act, including the amendment made by section 6, shall take effect on the date of enactment of this Act [Aug. 12, 2009]."

Credit for Contributions Prior to 1992 Amendment at Higher Rate

Pub. L. 102–572, title II, §201(j), Oct. 29, 1992, 106 Stat. 4510, provided that: "Notwithstanding any other provision of law, the contribution under section 376(b)(1) or (2) of title 28, United States Code (as amended by this section), of any judicial official who is within the purview of such section 376 on the effective date of this title [Oct. 29, 1992] shall be reduced by 0.5 percent for a period of time equal to the number of years of service for which the judicial official has made contributions or deposits before the enactment of this Act [Oct. 29, 1992] to the credit of the Judicial Survivors' Annuities Fund or for 18 months, whichever is less, if such contributions or deposits were never returned to the judicial official. For purposes of this subsection, the term 'years' shall mean full years and twelfth parts thereof."

Redeposit of Contributions Prior to 1992 Amendment

Pub. L. 102–572, title II, §201(k), Oct. 29, 1992, 106 Stat. 4510, provided that: "Any judicial official as defined in section 376(a)(1) of title 28, United States Code, who makes an election under section 376(b) of title 28, United States Code, may make a redeposit, as required by section 7 of Public Law 94–554 [set out below] and section 2(c)(2) of Public Law 99–336 [set out below], to the credit of the Judicial Survivors' Annuities Fund in installments, in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts. If a judicial official elects to make a redeposit in installments—

"(1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to that judicial official in a lump-sum payment; and

"(2) the election under section 376(b) of title 28, United States Code, shall be effective upon payment of the first such installment."

Audit by GAO

Pub. L. 102–572, title II, §201(l), Oct. 29, 1992, 106 Stat. 4511, required that the Comptroller General conduct an audit of the judicial survivors' annuities program under section 376 of title 28 for the 3-year period beginning on Oct. 29, 1992, and report to Congress on the results of such audit, comparing such program to other survivors' annuities programs within the Federal Government, not later than 60 days after the end of that 3-year period.

Increase for Existing Annuitants

Pub. L. 100–702, title X, §1017(b), Nov. 19, 1988, 102 Stat. 4670, provided that: "Each annuity payable from the Judicial Survivors' Annuities Fund under section 376 of title 28, United States Code, on the date of the enactment of this title [Nov. 19, 1988] shall be increased by 10 percent, effective on such date of enactment."

Survivors' Annuities for Incumbents

Pub. L. 100–659, §3(b), Nov. 15, 1988, 102 Stat. 3918, as amended by Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 517, provided that: "In the case of a bankruptcy judge or magistrate judge who elects an annuity under section 2(c) [28 U.S.C. 377 note], only service for which an annuity under subsection (b) or (c) and subsection (g) of section 377 of title 28, United States Code, as added by section 2 of this Act, is calculated under section 2(c) may be used in the computation of an annuity under section 376 of title 28, United States Code, as amended by subsection (a) of this section."

Covered Beneficiaries Under Pub. L. 99–336

Pub. L. 99–336, §2(b), June 19, 1986, 100 Stat. 634, provided that: "The benefits conferred by section 376 of title 28, United States Code, by reason of the amendments made by this section shall apply only to individuals who become eligible for annuities under such section on or after the effective date of this section [Oct. 1, 1986], except that—

"(1) such annuities shall be computed in accordance with the provisions of section 376 of title 28, United States Code, as amended by this section, notwithstanding contributions or deposits made in accordance with applicable law at lower rates; and

"(2) no additional liability shall be created with respect to deposits made in accordance with applicable law before the effective date of this section, or after such effective date pursuant to an agreement entered into before such effective date."

Revocation of Election; Eligibility Subsequent to Revocation

Pub. L. 99–336, §2(c), June 19, 1986, 100 Stat. 634, provided that:

"(1) Within 180 days after the effective date of this section [Oct. 1, 1986], any judicial official who, before such effective date, made an election under section 376 of title 28, United States Code, to come within the purview of that section, shall be entitled to revoke that election. Such revocation shall constitute a complete withdrawal from the judicial survivors' annuities program provided for in such section 376. No such revocation shall be effective unless it is submitted in writing to the Director of the Administrative Office of the United States Courts, and until such writing is received by the Director. Upon receipt by the Director of such writing, any rights to survivorship benefits for the survivors of such judicial official shall terminate, and all amounts credited to the individual account of such judicial official under section 376(e), together with interest at 3 percent per annum, compounded on December 31 of each year to such date of revocation, shall be returned to that judicial official in a lump-sum payment.

"(2) Any judicial official who makes a revocation under paragraph (1) of this subsection and who thereafter becomes eligible to make an election under section 376(b) of title 28, United States Code, may make such election only if such judicial official redeposits, to the credit of the Judicial Survivors' Annuities Fund, the full amount of the lump-sum payment made to such judicial official under paragraph (1) of this subsection, together with interest at 3 percent per annum, compounded on December 31 of each year from the date of such revocation until the date upon which that amount is so redeposited.

"(3) Any judicial official who fails to revoke an election in accordance with paragraph (1) of this subsection shall be deemed to have irrevocably waived the right to make that revocation."

Payment of Retirement Salary Pursuant to Court Decree of Divorce, Etc.

Pub. L. 99–336, §2(d)(4), June 19, 1986, 100 Stat. 636, provided that: "Payments of retirement salary as defined in section 376(a)(2) of title 28, United States Code, which would otherwise be made to the judicial official upon whose service the retirement salary is based, shall be paid (in whole or in part) to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. This paragraph shall apply only to payments made after the date of receipt by the Director of the Administrative Office of [the] United States Courts of written notice of such decree, order, or agreement, and such additional information and documentation as the Director may prescribe. As used in this paragraph, 'court' means any court of any State or the District of Columbia."

Annuity Payment to Surviving Spouses of Judges Who Died Before October 19, 1976

Pub. L. 96–504, §3, Dec. 5, 1980, 94 Stat. 2741, provided that:

"(a) As of the first pay period beginning after the effective date of this Act [Dec. 5, 1980], a surviving spouse, other than a surviving spouse who has remarried, of any Justice of the United States (as defined by section 451 of title 28, United States Code), who died before October 19, 1976, shall be paid an annuity in accordance with the provisions of section 376 of title 28, United States Code, at a rate of $20,000 per year as if such Justice had elected to come within the provisions of, and having made the full deposit required by, section 376(d) of title 28, United States Code.

"(b) Notwithstanding the provisions of section 376(h) of title 28, United States Code, such annuity shall be payable as provided in section 376(m) of title 28, United States Code, until the date of the death of any such spouse."

Judicial Survivors' Annuity Fund; Authorization of Appropriations

Pub. L. 96–504, §4, Dec. 5, 1980, 94 Stat. 2742, required the Secretary of the Treasury in consultation with the Director of the Administrative Office of the United States Courts to determine as of Dec. 5, 1980, and deposit as soon as possible thereafter, the amount necessary to offset any actuarial deficiency in the Judicial Survivors Annuities Fund.

Judicial Survivors' Annuities Fund

Pub. L. 94–554, §3, Oct. 19, 1976, 90 Stat. 2611, provided: "That on the date upon which this Act becomes effective [Jan. 1, 1977] there shall be established on the books of the Treasury a fund which shall be known as 'The Judicial Survivors' Annuities Fund, and all money credited to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended, shall be transferred to the credit of the Judicial Survivors' Annuities Fund established by this section."

Compensation for Actuarial Deficiency in the Annuities Fund

Pub. L. 94–554, §4, Oct. 19, 1976, 90 Stat. 2611, provided: "That on the date upon which this Act becomes effective [Jan. 1, 1977] the Secretary of the Treasury shall ascertain from the Director of the Administrative Office of the United States Courts the amount of the actuarial deficiency in the fund transferred by section 3 of this Act [see Judicial Survivors' Annuities Fund note above] on the date of that fund's transfer and, at the earliest time thereafter at which appropriated funds in that amount shall become available, the Secretary shall deposit such funds, in a single payment, into the Judicial Survivors' Annuities Fund established by section 3 of this Act. Such funds as are necessary to carry out this section are hereby authorized to be appropriated."

Increases in Widows' Annuities Paid Under Section 2 of Act August 3, 1956

Pub. L. 94–554, §5, Oct. 19, 1976, 90 Stat. 2611, provided: "That on the date upon which this Act becomes effective [Jan. 1, 1977] each annuity then being paid to a widow from the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended, shall be increased by an amount equal to one-fifth of 1 percent of the amount of such annuity multiplied by the number of months which have passed since the commencement of that annuity. For the purposes of this section, any fractional part of a month which numbers less than fifteen full days shall be excluded from the Computation of the number of months and any fractional part of a month which numbers fifteen full days or more shall be included in the computation as one full month. Such funds as are necessary to carry out this section are authorized to be appropriated and, upon appropriation, shall be deposited by the Secretary of the Treasury, in a single payment, to credit of the Judicial Survivors' Annuities Fund established by section 3 of this Act [see Judicial Survivors' Annuities Fund note above]."

Revocation of Election To Participate in Annuities Program

Pub. L. 94–554, §7, Oct. 19, 1976, 90 Stat. 2612, provided: "That, at any time within one hundred and eighty days after the date upon which this Act becomes effective [Jan. 1, 1977], any judicial official who has, prior to that date, already participated in the judicial survivors annuity program created by the Act of August 3, 1956 (70 Stat. 1021) [enacting this section] as amended, shall be entitled to revoke his or her earlier election to participate in that program and thereby completely withdraw from participation in the judicial survivors' annuities program created by this Act: Provided, That (a) any such revocation may be effected only by means of a writing filed with the Director of the Administrative Office of the United States Courts, (b) any such writing shall be deemed to have become effective no sooner than the date upon which that writing is received by the Director, (c) upon receipt of such a writing by the Director, any and all rights to survivorship benefits for such judicial official's survivors shall terminate, and all amounts credited to such judicial official's individual account, together with interest at 3 percent per annum, compounded on December 31 of each year to that date of revocation, shall thereafter be returned to that judicial official in a lump-sum refund payment, and (d) any judicial official who effects such a revocation and who subsequently again becomes eligible and elects to join the judicial survivors annuities program created by this Act under the provisions of section 376 of title 28, United States Code as amended by this Act, shall be permitted to do so only upon the redeposit of the full amount of the refund obtained under this section plus interest at 3 percent per annum, compounded on December 31 of each year from the date of the revocation until the date upon which that amount is redeposited. Any judicial official who fails to effect a revocation in accordance with the right conferred by this section within one hundred and eighty days after the date upon which this Act becomes effective shall be deemed to have irrevocably waived the right to that revocation."

Judge Taking Office on August 8, 1968

Pub. L. 90–466, §1(b), Aug. 8, 1968, 82 Stat. 662, provided that: "For the purpose of the amendment made by subsection (a) [amending subsec. (a) of this section], a judge who is in office on the date of enactment of this Act [Aug. 8, 1968] shall be deemed to have taken office on that date."

Preservation of Rights of Judges of the District Court for the Territory of Alaska

Pub. L. 85–508, §12(n), July 7, 1958, 72 Stat. 348, provided in part that the amendment of subsec. (q) of this section by Pub. L. 85–508 shall not affect the rights under this section of any present or former judge of the District Court for the Territory of Alaska or his survivors.

Appropriations

Act Aug. 3, 1956, ch. 944, §5, 70 Stat. 1026, provided that: "Funds necessary to carry out the provisions of this Act [enacting this section and provisions set out as notes below, and amending sections 375, 604, and 605 of this title] may be appropriated out of any money in the Treasury not otherwise appropriated."

Resigned, Removed, and Retired Judges

Act Aug. 3, 1956, ch. 944, §6, 70 Stat. 1026, provided that: "A judge who resigned prior to the date of enactment of this Act [Aug. 3, 1956] and who on that date is receiving salary under section 371(a) of title 28, United States Code, or who resigned, was removed or failed of reappointment prior to the date of enactment of this Act and who on that date is receiving salary under section 373 of title 28, United States Code, shall be considered a judge within the meaning of section 376 of title 28, United States Code, as added by section 2 of this Act, and as such shall be entitled within six months after the date of enactment of this Act to make the election authorized by and to receive the benefits of that section. A judge who retired from regular active service under section 260 of the Judicial Code of 1911 or the Act of August 5, 1939, chapter 433, and who is living on the date of enactment of this Act shall be deemed for the purposes of this Act to have retired from regular active service under section 371(b) or 372(a), as the case may be, of title 28, United States Code."

Prior Death of Judge

Act Aug. 3, 1956, ch. 944, §7, 70 Stat. 1026, provided that: "In the case of a living widow of a judge of the United States as defined in section 451 of title 28, United States Code, who died prior to the date of enactment of this Act [Aug. 3, 1956], an annuity shall be paid as provided in section 376 of title 28, United States Code, as added by section 2 of this Act, as if such judge had died on such date and had elected to bring himself within the purview of such section 376, but had not made the deposit provided for by subsection (c) of the said section: Provided, (a) That such widow has not remarried; and (b) that the amount of such annuity and the reduction therein because of such deposit not having been made shall be computed on the basis of the actual length of judicial and other allowable service of such judge: And provided further, That notwithstanding the provisions of subsection (g) of such section 376 such annuity shall be payable even though such judge had not rendered five years of civilian service prior to his death. In the case of a judge of the United States as defined in section 451 of title 28, United States Code, who dies within 6 months after the date of enactment of this Act after having rendered at least 5 years of civilian service computed as prescribed in subsection (o) of section 376 of title 28, United States Code, as added by section 2 of this Act, but without having made an election as provided in such section 376 to bring himself within the purview of that section, an annuity shall be paid to his widow and surviving dependent children as provided in such section 376 as if such judge had elected on the day of his death to bring himself within the purview of such section 376 but had not made the deposit provided for by subsection (c) of the said section. An annuity shall be payable under this section computed on the basis of the actual length of judicial and other allowable service of the judge and subject to the reduction required by subsection (c) of such section 376 even though no deposit has been made, as required by subsection (g) of such section 376, with respect to any of such service."

1 So in original. Comma probably should be a semicolon.
28 U.S.C. § 1361 (2024) — Title 28: JUDICIARY AND JUDICIAL PROCEDURE / Chapter 85 / Section 1361: Action to compel an officer of the United States to perform his duty
Action to compel an officer of the United States to perform his duty
Status: in_force

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

(Added Pub. L. 87–748, §1(a), Oct. 5, 1962, 76 Stat. 744.)
28 U.S.C. § 953 (2024) — Title 28: JUDICIARY AND JUDICIAL PROCEDURE / Chapter 57 / Section 953: Administration of oaths and acknowledgments
Administration of oaths and acknowledgments
Status: in_force

Each clerk of court and his deputies may administer oaths and affirmations and take acknowledgments.

(June 25, 1948, ch. 646, 62 Stat. 926.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§264, 523 and 525, section 1114(a) of title 26, U.S.C., 1940 ed., Internal Revenue Code, and District of Columbia Code, 1940 ed., §11–402 (R.S. §799; May 28, 1896, ch. 252, §19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1901, ch. 854, §178, 31 Stat. 1219; June 30, 1902, ch. 1329, 32 Stat. 527; Mar. 3, 1911, ch. 231, §§158, 291, 36 Stat. 1139, 1167; Feb. 10, 1939, ch. 2, §1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, §504(a)(c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, §503, 58 Stat. 72).

This section consolidates a part of section 525, sections 264 and 523 of title 28, U.S.C., 1940 ed., part of section 1114(a) of title 26, U.S.C., 1940 ed., section 11–402 of the District of Columbia Code, 1940 ed.,

As respects acknowledgments, sections 264, 523 and 525 of title 28, U.S.C., 1940 ed., and section 11–402 of District of Columbia Code, 1940 ed., referred only to the Court of Claims and the District Court for the District of Columbia. However, section 555 of said title 28, before amendment in 1944, provided for the collection of a fee by district court clerks for taking acknowledgments. The 1944 amendment provided for the fixing of fees by the Judicial Conference of the United States. If notaries and other minor officials may take acknowledgments there seems to be no reason why clerks of Federal courts and their deputies should not have such power.

Words "Except as provided in section 591 of this title," in section 525 of title 28, U.S.C., 1940 ed., were omitted. Under such section 591, the provisions of such section 525 were inapplicable to the Territory of Alaska, but a later act of June 6, 1900, ch. 786, §7, 31 Stat. 324, section 106 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, provided that clerks of the District Court for Alaska should perform the duties required or authorized to be performed by clerks of United States courts in other districts.

Provisions of section 525 of title 28, U.S.C., 1940 ed., relating to United States commissioners are incorporated in section 637 of this title.

Provisions of section 264 of title 28, U.S.C., 1940 ed., and section 1114(a) of title 26, U.S.C., 1940 ed., relating to administration of oaths and acknowledgments by judges, are incorporated in section 459 of this title. For distribution of other provisions of such section 1114(a) of title 26, see Distribution Table.

Changes in phraseology were made.

Senate Revision Amendment

Those provisions of this section which related to the Tax Court were eliminated by Senate amendment, therefore section 1114(a) of Title 26, U.S.C., Internal Revenue Code, was not a part of the source of this section upon final enactment. The Senate amendments also eliminated section 1114(a) of the Internal Revenue Code from the schedule of repeals. See 80th Congress Senate Report No. 1559.