Title 28 USCTitle 28 Online@118-34not31 yes OLRC 2024-01-08T01:42:51 USCConverter 1.7.2  Title 28 JUDICIARY AND JUDICIAL PROCEDURE This title was enacted by act June 25, 1948, ch. 646,  1 62 Stat. 869 Current through 118-34not31    Part Sec.  I. Organization of Courts 1  II. Department of Justice 501  III. Court Officers and Employees 601  IV. Jurisdiction and Venue 1251  V. Procedure 1651  VI. Particular Proceedings 2201  Editorial Notes Amendments 1966 Pub. L. 89554,  4(a) Sept. 6, 1966 80 Stat. 611       Table Showing Disposition of All Sections of Former Title  Title 28 Former Sections Title 28 New Sections  1 Oct. 1, 1982 Dec. 4, 1992  2 July 1, 1966  14bb 132134 1 nt 133 5 135 5a T. 48  1392a 5b Elim. 6, 7 751 8 751, 954 9 604, 755 9a 1915 9a(a) 753, 1920 9a(b) 753 9a(c) 550, 604, 753, 1915 9a(d) 753 9a(e) 1915 9b Rep. See Civ. Proc. R. 75. 10 457 11, 12 Rep. See Civ. Proc. R. 6(c), Cr. Proc. R. 45(c). 13 452 14 Rep. See Cr. Proc. R. 45(c). 15 141 16 140, 296 17 291, 292, 295, 296 18 296 19 Rep. 20 295 21 292 22 291, 296 23 296 24 455 25 144 26 143 27 137 41(1) 1331, 1332, 1341, 1342, 1345, 1354, 1359 41(2) Rep. 41(3) 1333, 1356 41(4) Rep. 41(5) 1340 41(6) 1339 41(7) 1338 41(8) 1337 41(9) 1355 41(10) Rep. 41(11) 1357 41(1214) 1343 41(15) 1344 41(16) 1348 41(17) 1350 41(18) 1351 41(19) 1334 41(20) 1346, 2401, 2402 41(21) Rep. 41(22) Rep. 41(23) 1337 41(24) 1353 41(25) 1357, 1399 41(26) 1335, 1397, 2361 41(27), (28) 1336 42 1349 43 1398 44 2321 45 Rep. 45a 2323 46 2324 47 1253, 2101, 2284, 2325 47a 1253, 2101, 2284 48 2322 4951 Rep. 52 Elim. 53 T. 15  146a 71 1441, 1445, 1447 72 1446, 1447 73 Rep. 74 1443, 1446, 1447 75 1446 76 1442, 1446, 1447 77 1442 78 1449 79 1450 80 1359, 1447, 1919 81 1447 82 Rep. 83 1447, 1448 101 T. 18  3235 102 T. 18  3238 103 T. 18  3237 104 1395 105 1396 106108 1395 109 1400, 1694 110 1394 111 1391 112 1391, 1401, 1693, 1695 113 1392 114 1393, 1441 115 Rep. See Civ. Proc. R. 4(f). 116 1392 117 754, 1692 118 1655 119 1404 120 Rep. 121 1405; T. 18  3240 122 1656 123 Rep. 124 959; T. 18  1911 124a 960 125 959 126 458 127 957 128 604, 752 141 Rep. 142 81 143 82 144 83 145 84 146 85, 140 147 86 148 87 149 89 149a, 149b Rep. 150 90 150a Rep. 151 92 152 93 153 94 154, 155 Rep. 156, 156a 95 157 96 158 97 159 98 160 99 161 Rep. 162 Rep. 163 1404 164 Rep. See Civ. Proc. R. 77. 165 Rep. 166 100 167 101 168 102 169 103 170 104 171 105 172 106 173 107 174 108 175 109 176 110 177 111 178, 178a 112 179 113 179a Elim. 180 114 181 115, 1865 182 116, 138 182a 116 183 117 184 118 184a Elim. 185 120 186 121 186a Elim. 187 122 188 123 189 124 189a Elim. 190 125 191 126 192, 192a 127 193 128 194 129 195 130 196 131 211 41 211a Rep. 212 43, 46 213 44 213a213h Elim. 214 Rep. 215 42 216 45, 47, 292 216a 45 217 Rep. 218 231, 456 219 2071 220 547 221 711, 956 222 711, 954 222a 604, 712 223 48 224 Rep. 225(a) 1291, 1293 225(b) 1292 225(c) Rep. 225(d) 1294 225(e), (f) Rep. 226 Rep. 227 1292 227a 1292, 2107 228, 228a Rep. See Civ. Proc. R. 73. 229 Rep. 230 2107 231 2108 241 171, 173, 453 242 Rep. 243 174, 175 244 791, 795, 956 245 604 246 952 247 Rep. 248 415, 791 249 T. 18  282 250(1) 1491, 1501 250(2) 1503, 2501 250(3) 1496 250a 1497, 2501 250b Rep. 251 Rep. 252 2508 253 2512 254 1493, 2510 255 2510 256 Rep. 257 1492, 2509 258 2412 259 1502 259a T. 25  70w (Rep. See T. 28  1505). 260 1500 261 2502 262 2501 263 792, 2071 264 459, 953 265 Rep. See Ct. Claims R. 1, 10, 16 et seq. 1 266 Rep. See Ct. Claims R. 10. 1 267, 268 Rep. 268a 604, 793 269 792, 2503 270 456, 792, 794 271 Rep. 272 2507 273 Rep. 274 2504 275, 275a 2505 276 2503 277 Rep. See Ct. Claims R. 40 et seq. 1 278 2503 278a 604, 793 279, 280 2514 281, 282 2515 283 2520 283a 791, 2520 284 2516 285 2517 286 2519 287 1494, 2511 288 1255 289 791 290, 291 Rep. 292 2506 293 Rep. 296 251254, 456, 1581, 2071, 2639, 2640 296a 456 297 2636 301 211213, 215, 293, 296 301a 213 301b (See former 301a) 302 214, 452, 456, 604 303 604, 832 304 604, 831, 956, 957, 1926 305 604, 831, 833, 834, 956 306 604, 834 307 211, 2071 308 1256, 1541 309 Rep. 309a 1542 310 2601 311 Rep. 312 216 321 1 322 4 323 3 324 5 325 671673 326 671, 1737 327 671, 954 328 675 329 6 330 1911 331 672 332, 333 673 334 411 335 412 336 Elim. 337 413 338 2 339, 340 Rep. 341 1251 342 1651 343 1872 344 1257, 2103, 2106 345 Rep. 346, 347 1254 348, 349 Rep. 349a 1252, 2101 350 2101 351 2102 352 Rep. See Sup. Ct. R. 32. 353 Rep. 354 676 371(1) Rep. 371(2) 1355 371(3) 1333 371(4) 1333, 1356 371(5) 1338 371(6) 1334 371(7) 1251 371(8) 1251, 1351 372 453 373 454 374 456 374a Elim. 374b 604 374c, 374d 752 375 136, 294, 371 375a 294, 371 375b375d 372 375e Rep. 375f 294 375g, 375h 373 376, 377 1651 377a377c D.C. Code,  163501 to 163503 378 Rep. 379 2283 380 1253, 2101, 2281, 2284 380a 1253, 2101, 2282, 2284 381 Rep. See Civ. Proc. R. 65. 382 Rep. See Civ. Proc. R. 65(c). 383 Rep. See Civ. Proc. R. 65(d). 384 Rep. 385 459; T. 18  401 386 T. 18  402, 3691 387 T. 18  402 388 Rep. 389 T. 18  402, 3691 390 T. 18  3285 390a T. 18  402 391 Rep. See Civ. Proc. R. 59, 61; Cr. Proc. R. 33, 52. 392 T. 18  3043 393 T. 22  258a 394 1654 395 556, 955 396 556, 955 397, 398 Rep. 399 1653 400 2201, 2202 401 2403 402 374 411 1861 412, 412a 1864 413 1865 414 Rep. 415 1861, 1863 416 1867, 1868 417 1866, 1868 417a Rep. See Cr. Proc. R. 24(c). 418 1866 419 T. 18  3321 420 Rep. See Cr. Proc. R. 6(c). 421 Rep. See Cr. Proc. R. 6(a), (g). 422 Rep. See Cr. Proc. R. 6(g). 423 1869 424 1870 425 Rep. See Cr. Proc. R. 24(b). 426 Rep. 430, 430a Rep. 431432a Rep. 433, 434 Rep. 441443 Rep. 444 601, 603, 606, 608 445 602, 603, 607 446 604, 609 447 604, 605 448 332 449 333, 456 450 333, 604, 610 451453 2241 454 2242 455461 2243 462 2252 463(a) 2253 463(b)(d) Rep. 464 Rep. See Civ. Proc. R. 7375, 81(a)(2). 465 2251 466 2253 481 501 481a Elim. 482 504 483 502 484 550 485489 547 490 541 490a Elim. 491 541 492, 493 542 494 543 495 548 496498 564 499 564, 1737 500502 564 503 547 504 549 504a T. 18  3053 505 550 506 546 507 554 508 555 509, 510 Rep. 511 506, 544, 545 512 951 513, 514 952, 1737 515517 952 518, 519 Rep. 520 Rep. See Civ. Proc. R. 81(b). 521 Rep. 522 T. 18  2076 523 953 523a, 523b 457 524 505, 541, 751 525 636, 953 526 631 527 631, 958 528 638 528a 638, 639 529 Rep. See Cr. Proc. R. 55. 530 413, 414 530a Elim. 531 T. 18  1910 541, 542 671 543 1913 544 604, 711, 961, 962 545 604 546 711 547 604, 713 548 Rep. 549 1914 550, 551 Rep. 552 1917 553 1914 554 Rep. 555 1914 556 Rep. 557 604, 751 558 604 559 Rep. 560 604, 962 561, 561a 604 562 604, 962 563 604, 961 564 Rep. 565, 566 604 567569 751 570 Rep. 571, 572 1923 572a T. 18  155 573 Rep. 574 553, 1921 575 Rep. 576 553 577 551, 1929 578 1923 578a 551 578b, 578c Rep. 579 508, 552 580 508 581 Rep. 582, 583 552, 553 584, 584a, 585 553 586 509, 550 586a Rep. 587 509, 553 588, 589 Rep. 590 T. 18  203 591 Rep. 592 509 593 510 594 502 595, 596 604, 755 597597c 635 598599a 636 600600b 1871 600c 1821, 1825 600d Rep. 601 Elim. 602 1824 603604a 1823 605 Rep. 606, 607 T. 44  325, 326 (See Rev. T. 44 Table) 608 1825, 1871 609 Rep. 631 Rep. See Civ. Proc. R. 43. 632 T. 18  3481 633 Rep. 634 T. 18  3486 635 Rep. See Civ. Proc. R. 43(a). 636 Rep. See Civ. Proc. R. 34, 55. 637 2072, 2073 638 1731 639641 Note prec. 1781 642 Rep. See Civ. Proc. R. 28. 643, 644 Rep. See Civ. Proc. R. 26 et seq. 645 Rep. See Civ. Proc. R. 27(a)(4). 646 Rep. See Civ. Proc. R. 26 et seq. 647 Rep. See Civ. Proc. R. 45; Cr. Proc. R. 17. 648 Rep. See Civ. Proc. R. 45(d); Cr. Proc. R. 17(f). 649652 1782 653 1781, 1782 654 Rep. See Civ. Proc. R. 45(e)(1); Cr. Proc. R. 17(e). 655 Rep. See Civ. Proc. R. 45; Cr. Proc. R. 17. 656 Rep. See Cr. Proc. R. 17(b). 657 Rep. See Cr. Proc. R. 46(b). 658 Rep. 659 Rep. See Cr. Proc. R. 46(b). 660 Rep. 661667 1733 668 T. 18  3497 669 Rep. 670 1743 671 1733 672 Rep. 673 1744 674 1745 675 Rep. 676 1736 677 1740 678680 Rep. 681684 1734 685, 686 1735 687 1738 688 1739 689 1742 690 T. 30  53 695 1732 695a T. 18  3491 695b T. 18  3492 695c T. 18  3493 695d T. 18  3494 695e 1741 695e1 T. 22  4222 695f T. 18  3495 695g T. 18  3496 695h Rep. 701 1782 702 1785 703, 704 1782 711713 1783 714718 1784 721 1691 722 Rep. See Civ. Proc. R. 4. 723 2071, 2073 723a T. 18  3772 723a1 T. 18  3771 723b, 723c 2072 724 Rep. 725 1652 726 Rep. See Civ. Proc. R. 64. 727 Rep. See Civ. Proc. R. 69. 728 Rep. 729 T. 42  1988 730 2072, 2073 731 2071 732734 Rep. 735 Rep. See Civ. Proc. R. 4; Cr. Proc. R. 4, 9; Adm. R. 1. 2 736 Rep. 737 See 2710 738 See 2711 739 See 2712 740 See 2713 741 See 2714 742 See 2715 743 See 2716 744 See 2717 745 Rep. 746 Rep. See Civ. Proc. R. 64. 747 2463 748750 2405 751, 752 Rep. 753 Adm. R. 68, 10, 12 2 754 2464 755757 Rep. 758 636 759, 760 Rep. 761 2071, 2072 762 1402 763 Rep. See Civ. Proc. R. 4(d), 12(a), 55(e). 764 Rep. See Civ. Proc. R. 52, 75. 765 2411 766 2409 767 Rep. See Civ. Proc. R. 4(h). 768 Rep. See Sup. Ct. R. 20. 769 Rep. See Civ. Proc. R. 40. 770 1873 771 Adm. R. 4612 2 772 Rep. See Civ. Proc. R. 39(c), 48. 773 Rep. See Civ. Proc. R. 38 et seq. 774 2406 775 Rep. 776 Rep. See Civ. Proc. R. 46, 63, 75. 777 Rep. See Civ. Proc. R. 1, 15, 61. 778780 Rep. See Civ. Proc. R. 25, 81. 780a 2404 781 2407 782 Rep. See Civ. Proc. R. 12(a). 783 Rep. 784 T. 19  579 785 1874 786 Rep. 787 T. 19  580 788 See 2718 789 Rep. 790 Rep. See Civ. Proc. R. 75; Adm. R. 49. 2 791 2462 792 2284 811 1961 811a Rep. 812 1962 813 Rep. 814 1962 815 Rep. See Civ. Proc. R. 41(d), 42(a), 54(d), 68. 816 Rep. 817 Elim. 818 2465 819 Rep. 820 Rep. 821 1928 822 1918 823, 824 Rep. 825 Rep. See Civ. Proc. R. 42(a). 826 Rep. 827 2465 828 1922 829 1927 830 1920 831 1924 832836 1915 837 1916 838 Rep. See Civ. Proc. R. 4. 839 2413 840 Rep. See Civ. Proc. R. 59, 62. 841 Rep. See Civ. Proc. R. 62(f). 842 2006 843845 2007 846 2005 847 2001 848 2004 849 2002 850 2003 851 2041 852 2042 861 Rep. 861a Rep. 861b Elim. 862 Rep. 863 Rep. See Civ. Proc. R. 75; Adm. R. 49. 2 864 Rep. See Civ. Proc. R. 75(k). 865867 Rep. 868 Rep. See Sup. Ct. R. 10, 36. 869 Rep. 870 2408 871 2104 872 Rep. See Civ. Proc. R. 73. 873 Rep. 874 Rep. See Civ. Proc. R. 62(d), 73(d); Sup. Ct. R. 36. 875 Rep. See Civ. Proc. R. 46, 52, 73, 75. 876, 877 2106 878 1912 879 2105 880 Rep. 901, 902 2410 903 1444 904, 905 2410 906 Rep. 921 2672 922 2673 931(a) 1346, 1402, 2402, 2411, 2412, 2674 931(b) 2675, 2676 932 1346, 2411 933(a)(1) 1291 933(a)(2) 1504, 2110 933(b) Rep. 934 2677 941 2671 942 2401 943 2680 944 2678 945 2679 946 Elim. Statutory Notes and Related Subsidiaries Enactment Into Law; Citation Section 1 of act June 25, 1948, ch. 646 62 Stat. 869 That title 28 of the United States Code, entitled Judicial Code and Judiciary is hereby revised, codified, and enacted into law, and may be cited as Title 28, United States Code, section ___.  Legislative Construction Section 33 of act June 25, 1948, ch. 646 62 Stat. 991 No inference of a legislative construction is to be drawn by reason of the chapter in Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catchlines used in such title. Separability Section 34 of act June 25, 1948, ch. 646 62 Stat. 991 If any part of Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, shall be held invalid, the remainder shall not be affected thereby. Effective Date Section 38 of act June 25, 1948, ch. 646 62 Stat. 992 The provisions of this Act shall take effect on September 1, 1948 Repeals; Rights and Liabilities Saved Act June 25, 1948, ch. 646,  39 62 Stat. 992 R.S.  1012 as affected by act Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 act June 25, 1948, ch. 646,  39 62 Stat. 992 act Jan. 31, 1928, ch. 14 45 Stat. 54 Apr. 26, 1928, ch. 440 45 Stat. 466 June 25, 1948, ch. 646,  23 62 Stat. 990 Writs of Error Act Jan. 31, 1928, ch. 14,  1 45 Stat. 54 The writ of error in cases, civil and criminal, is abolished. All relief which heretofore [ Jan. 31, 1928 act June 25, 1948, ch. 646,  39 62 Stat. 992 Jan. 31, 1928 act June 25, 1948, ch. 646,  23 62 Stat. 990 June 25, 1948 section 1 of Title 1 Title 28 as Continuation of Existing Law; Change of Name of Circuit Courts of Appeals Act June 25, 1948, ch. 646,  2(b) 62 Stat. 985 The provisions of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act, with respect to the organization of each of the several courts therein provided for and of the Administrative Office of the United States Courts, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on the effective date of this Act [ Sept. 1, 1948 Provided, however PART I ORGANIZATION OF COURTS    Chap. Sec.  1. Supreme Court 1  3. Courts of appeals 41  5. District courts 81  6. Bankruptcy judges 151  7. United States Court of Federal Claims 171  [ 9. Repealed.]  11. Court of International Trade 251  13. Assignment of judges to other courts 291  15. Conferences and councils of judges 331  16. Complaints against judges and judicial discipline 351  17. Resignation and retirement of judges 1 1 Pub. L. 92397 371  19. Distribution of reports and digests 411  21. General provisions applicable to courts and judges 451  23. Civil justice expense and delay reduction plans 471  Editorial Notes Amendments 2002 Pub. L. 107273, div. C, title I,  11042(b) Nov. 2, 2002 116 Stat. 1855 1992 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 1990 Pub. L. 101650, title I,  103(d) Dec. 1, 1990 104 Stat. 5096 1984 Pub. L. 98353, title I,  104(b) July 10, 1984 98 Stat. 342 1982 Pub. L. 97164, title I Apr. 2, 1982 96 Stat. 28 1980 Pub. L. 96417, title V,  501(1) Oct. 10, 1980 94 Stat. 1742 1978 Pub. L. 98598, title II,  201(b) Nov. 6, 1978 92 Stat. 2660 section 402(b) of Pub. L. 95598 section 101 of Title 11 Executive Documents  Executive Order No. 11992 Ex. Ord. No. 11992, May 24, 1977 May 5, 1981 section 1013 of Title 5 CHAPTER 1 SUPREME COURT    Sec.  1. Number of justices; quorum.  2. Terms of court.  3. Vacancy in office of Chief Justice; disability.  4. Precedence of associate justices.  5. Salaries of justices.  6. Records of former court of appeals.  1. Number of justices; quorum  The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum. ( June 25, 1948, ch. 646 62 Stat. 869  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  321 ( Mar. 3, 1911, ch. 231,  215 36 Stat. 1152 Appointment of judges of the Supreme Court by the President by and with the advice and consent of the Senate is provided by U.S. Constitution art. 2,  2, cl. 2. Statutory Notes and Related Subsidiaries Short Title of 2023 Amendment Pub. L. 117354,  1 Jan. 5, 2023 136 Stat. 6270 This Act [enacting section 540D of this title section 20306 of Title 34 section 20306 of Title 34 Short Title of 2022 Amendment Pub. L. 117252,  1 Dec. 20, 2022 136 Stat. 2359 This Act [amending provisions set out as a note preceding section 81 of this title Short Title of 2021 Amendment Pub. L. 116325,  1 Jan. 12, 2021 134 Stat. 5086 This Act [amending sections 375, 589a, and 1930 of this title and section 330 of Title 11 section 330 of Title 11 Short Title of 2019 Amendment Pub. L. 11673,  1 Nov. 26, 2019 133 Stat. 1154 This Act [amending section 83 of this title section 83 of this title Short Title of 2018 Amendment Pub. L. 115332,  1 Dec. 19, 2018 132 Stat. 4487 This Act [amending section 1631 of this title Short Title of 2017 Amendment Pub. L. 11572, div. B,  1001 Oct. 26, 2017 131 Stat. 1229 This division [enacting section 1232 of Title 11 section 1930 of this title section 1222 of Title 11 Short Title of 2016 Amendment Pub. L. 114319,  1 Dec. 16, 2016 130 Stat. 1618 This Act [amending section 1605 of this title section 1605 of this title Short Title of 2015 Amendment Pub. L. 11474, title VII,  701(a) Nov. 2, 2015 129 Stat. 599 This section [amending and repealing provisions set out as notes under section 2461 of this title Short Title of 2012 Amendment Pub. L. 112188,  1 Oct. 5, 2012 126 Stat. 1433 This Act [amending sections 104 and 105 of this title and enacting provisions set out as a note under section 104 of this title Pub. L. 112121,  1 May 25, 2012 126 Stat. 346 This Act [amending sections 589a and 1930 of this title, enacting provisions set out as notes under sections 152, 589a, and 1931 of this title, and amending provisions set out as a note under section 1931 of this title Short Title of 2011 Amendment Pub. L. 11263,  1(a) Dec. 7, 2011 125 Stat. 758 This Act [enacting sections 1390 and 1455 of this title, amending sections 1332, 1391, 1404, 1441, 1446, and 1453 of this title, repealing section 1392 of this title Pub. L. 11262,  1 Nov. 29, 2011 125 Stat. 756 This Act [amending section 2107 of this title section 2107 of this title Pub. L. 11251,  1 Nov. 9, 2011 125 Stat. 545 This Act [amending sections 1442, 1446, and 1447 of this title] may be cited as the Removal Clarification Act of 2011. Pub. L. 111369,  1 Jan. 4, 2011 124 Stat. 4068 This Act [amending section 534 of this title Short Title of 2010 Amendment Pub. L. 111342,  1 Dec. 22, 2010 124 Stat. 3607 This Act [amending section 2467 of this title Pub. L. 111223,  1 Aug. 10, 2010 124 Stat. 2380 This Act [enacting chapter 181 of this title and provisions set out as a note under section 4101 of this title Short Title of 2009 Amendment Pub. L. 111122,  1 Dec. 22, 2009 123 Stat. 3480 This Act [enacting section 509B of this title section 1182 of Title 8 Short Title of 2008 Amendment Pub. L. 110406,  1(a) Oct. 13, 2008 122 Stat. 4291 This Act [enacting section 2045 of this title section 104 of Title 11 Pub. L. 110177,  1 Jan. 7, 2008 121 Stat. 2534 This Act [see Tables for classification] may be cited as the Court Security Improvement Act of 2007. Short Title of 2007 Amendment Pub. L. 11034,  1 June 14, 2007 121 Stat. 224 This Act [amending section 546 of this title section 546 of this title Short Title of 2005 Amendments Pub. L. 10963,  1 Sept. 9, 2005 119 Stat. 1993 This Act [amending sections 48, 141, 152, and 636 of this title] may be cited as the Federal Judiciary Emergency Special Sessions Act of 2005. Pub. L. 1098, title XII,  1223(a) Apr. 20, 2005 119 Stat. 196 This section [amending section 152 of this title section 152 of this title Pub. L. 1092,  1(a) Feb. 18, 2005 119 Stat. 4 This Act [enacting chapter 114 and section 1453 of this title Short Title of 2002 Amendment Pub. L. 107273, div. C, title I,  11020(a) Nov. 2, 2002 116 Stat. 1826 This section [enacting sections 1369, 1697, and 1785 of this title, amending sections 1391 and 1441 of this title, and enacting provisions set out as a note under section 1369 of this title Pub. L. 107273, div. C, title I,  11041 Nov. 2, 2002 116 Stat. 1848 This subtitle [subtitle C ( 1104111044) of title I of div. C of Pub. L. 107273 section 7253 of Title 38 section 351 of this title Short Title of 2000 Amendment Pub. L. 106518,  1(a) Nov. 13, 2000 114 Stat. 2410 This Act [enacting sections 179 and 613 of this title, amending sections 117, 175, 332, 371, 376, 604, 611, 612, 627, 631, 636, 797, 996, 1865, 1930, and 2671 of this title, sections 3102 and 5551 of Title 5, Government Organization and Employees, section 1228 of Title 11 section 2520 of this title Short Title of 1998 Amendment Pub. L. 105315,  1 Oct. 30, 1998 112 Stat. 2993 This Act [amending sections 651 to 658 of this title, enacting provisions set out as notes under section 651 of this title section 652 of this title Short Title of 1996 Amendment Pub. L. 104317,  1(a) Oct. 19, 1996 110 Stat. 3847 This Act [enacting sections 258 and 1932 of this title, amending sections 112, 125, 134, 251, 253, 331, 332, 371, 376, 601, 621, 627, 636, 753, 954, 1332, 1404, 1406, 1442, 1446, 1827, 1914, 1931, and 1963 of this title, sections 3154, 3401, and 3603 of Title 18, Crimes and Criminal Procedure, sections 1983 and 1988 of Title 42, The Public Health and Welfare, and sections 719, 743, 745, 1104, and 1105 of Title 45, Railroads, enacting provisions set out as notes under sections 258, 1332, 1404, 1827, 1914, 1931, and 2412 of this title and section 719 of Title 45 Short Title of 1994 Amendments Pub. L. 103420,  1 Oct. 25, 1994 108 Stat. 4343 This Act [amending section 612 of this title section 651 of this title Pub. L. 103383,  1 Oct. 20, 1994 108 Stat. 4063 This Act [enacting section 1738B of this title section 1738B of this title Pub. L. 103270,  1 June 30, 1994 108 Stat. 732 This Act [amending sections 591 to 596 and 599 of this title and enacting provisions set out as notes under section 591 of this title section 113 of Title 3 Short Title of 1992 Amendments Pub. L. 102572,  1 Oct. 29, 1992 106 Stat. 4506 This Act [see Tables for classification] may be cited as the Federal Courts Administration Act of 1992. Pub. L. 102572, title IX,  901 Oct. 29, 1992 106 Stat. 4516 This title [see Tables for classification] may be cited as the Court of Federal Claims Technical and Procedural Improvements Act of 1992. Pub. L. 102559,  1 Oct. 28, 1992 106 Stat. 4227 This Act [enacting chapter 178 of this title and provisions set out as a note under section 3701 of this title Pub. L. 102417,  1 Oct. 14, 1992 106 Stat. 2138 This Act [amending section 1821 of this title section 1821 of this title Pub. L. 102361,  1 Aug. 26, 1992 106 Stat. 965 This Act [amending section 152 of this title section 152 of this title Short Title of 1990 Amendments Pub. L. 101650,  1 Dec. 1, 1990 104 Stat. 5089 That this Act [see Tables for classification] may be cited as the Judicial Improvements Act of 1990. Pub. L. 101650, title I,  101 Dec. 1, 1990 104 Stat. 5089 This title [enacting chapter 23 of this title and provisions set out as notes under section 471 of this title Pub. L. 101650, title II,  201 Dec. 1, 1990 104 Stat. 5098 This title [amending sections 44 and 133 of this title and enacting provisions set out as notes under sections 44, 133, and 331 of this title] may be cited as the Federal Judgeship Act of 1990. Pub. L. 101650, title III,  301 Dec. 1, 1990 104 Stat. 5104 This title [enacting sections 178, 1367, and 1658 of this title and section 8440b of Title 5 section 305 of Title 11 section 15 of Title 9 section 16 of Title 9 section 8331 of Title 5 section 307 of Title 11 Pub. L. 101650, title IV,  401 Dec. 1, 1990 104 Stat. 5122 This title [amending sections 332, 372, 453, and 2077 of this title and provisions set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 332 and 372 of this title] may be cited as the Judicial Discipline and Removal Reform Act of 1990. Pub. L. 101647, title XXXVI,  3601 Nov. 29, 1990 104 Stat. 4933 This title [enacting chapter 176 and section 2044 of this title section 523 of Title 11 section 3001 of this title Short Title of 1988 Amendments Pub. L. 100702,  1 Nov. 19, 1988 102 Stat. 4642 This Act [see Tables for classification] may be cited as the Judicial Improvements and Access to Justice Act. Pub. L. 100702, title VII,  701 Nov. 19, 1988 102 Stat. 4654 This title [amending section 1827 of this title section 1827 of this title Pub. L. 100694,  1 Nov. 18, 1988 102 Stat. 4563 This Act [enacting section 831c2 of Title 16 Pub. L. 100659,  1 Nov. 15, 1988 102 Stat. 3910 This Act [enacting section 377 of this title section 8440a of Title 5 Short Title of 1987 Amendment Pub. L. 100191,  1 Dec. 15, 1987 101 Stat. 1293 This Act [enacting section 599 of this title Pub. L. 95521 section 202 of Title 18 section 591 of this title section 591 of this title Short Title of 1986 Amendments Pub. L. 99657,  1 Nov. 14, 1986 100 Stat. 3670 This Act [amending sections 90 and 121 of this title and enacting provisions set out as a note under section 121 of this title Pub. L. 99570,  1151 Oct. 27, 1986 100 Stat. 320712 This subtitle [subtitle D ( 11511153) of title I of Pub. L. 99570 section 524 of this title section 1963 of Title 18 section 1613a of Title 19 section 853 of Title 21 section 1613b of Title 19 Pub. L. 99363,  1 July 11, 1986 100 Stat. 770 This Act [amending section 994 of this title Pub. L. 99336,  1 June 19, 1986 100 Stat. 633 This Act [amending sections 376, 620, 1441, 1914, and 2342 of this title, section 288d of Title 2 section 8706 of Title 5 Short Title of 1984 Amendments Pub. L. 98620, title IV,  404 Nov. 8, 1984 98 Stat. 3361 This subtitle [subtitle B ( 404411) of title IV of Pub. L. 98620 Pub. L. 98620, title IV Nov. 8, 1984 98 Stat. 3362 This subtitle [subtitle C ( 412416) of title IV of Pub. L. 98620 section 798 of this title section 1292 of this title section 1071 of Title 15 section 1337 of Title 19 section 713 of this title section 142 of Title 35 For short title of Pub. L. 98353 section 1 of Pub. L. 98353 section 151 of this title Short Title of 1983 Amendment Pub. L. 97409,  1 Jan. 3, 1983 96 Stat. 2039 That this Act [amending sections 49, 591, and 592 to 598 of this title and amending provisions set out as a note under section 591 of this title Short Title of 1982 Amendments For short title of sections 2 to 6 of Pub. L. 97394 section 1 of Pub. L. 97394 section 2415 of this title Pub. L. 97292,  1 Oct. 12, 1982 96 Stat. 1259 That this Act [amending section 534 of this title Pub. L. 97164,  1 Apr. 2, 1982 96 Stat. 25 That this Act [see Tables for classification] may be cited as the Federal Courts Improvement Act of 1982. Short Title of 1980 Amendments Pub. L. 96486,  1 Dec. 1, 1980 94 Stat. 2369 That this Act [amending section 1331 of this title section 2072 of Title 15 section 1331 of this title Pub. L. 96462,  1 Oct. 15, 1980 94 Stat. 2053 This Act [amending sections 84, 95, 105, 113, and 124 of this title and enacting provisions set out as notes under sections 84, 95, 105, and 113 of this title] may be cited as the Federal District Court Organization Act of 1980. Pub. L. 96458,  1 Oct. 15, 1980 94 Stat. 2035 This Act [amending sections 331, 332, 372, and 604 of this title and enacting provisions set out as notes under section 331 of this title Pub. L. 96452,  1 Oct. 14, 1980 94 Stat. 1994 That this Act [amending sections 41, 44, and 48 of this title and enacting provisions set out as notes under section 41 of this title Pub. L. 96417,  1 Oct. 10, 1980 94 Stat. 1727 That this Act [see Tables for classification] may be cited as the Customs Courts Act of 1980. Short Title of 1979 Amendment For short title of Pub. L. 9682 section 1 of Pub. L. 9682 section 631 of this title Short Title of 1978 Amendments For short title of Pub. L. 95572 section 1 of Pub. L. 95572 section 1861 of this title Pub. L. 95539,  1 Oct. 28, 1978 92 Stat. 2040 That this Act [enacting sections 1827 and 1828 of this title, amending sections 602 to 604 and 1920 of this title, enacting provisions set out as notes under section 602 of this title section 602 of this title Pub. L. 95408,  1 Oct. 2, 1978 92 Stat. 883 This Act [amending sections 89, 93, 97, 98, 104, 112, 114, 133 of this title and enacting provisions set out as a note under section 89 of this title Short Title of 1976 Amendments Pub. L. 94583,  1 Oct. 21, 1976 90 Stat. 2891 That this Act [enacting sections 1330 and 1602 to 1611 of this title, amending sections 1332, 1391, and 1441 of this title, and enacting provisions set out as notes under section 1602 of this title Pub. L. 94554,  1 Oct. 19, 1976 90 Stat. 2603 That this Act [amending section 376 of this title section 376 of this title Short Title of 1970 Amendment Pub. L. 91271, title I,  101 June 2, 1970 84 Stat. 274 This title [enacting sections 256 and 257 of this title, amending sections 253 to 255, 1541, 1582, 2601, 2602, and 2631 to 2639 of this title, repealing sections 1583 and 2640 to 2642 of this title, and enacting provisions set out as a note under section 256 of this title Short Title of 1966 Amendment Pub. L. 89504, title II,  201 July 18, 1966 80 Stat. 293 This title [enacting provisions set out as notes under sections 603, 604, and 753 of this title] may be cited as the Federal Judicial Salary Act of 1966. Short Title of 1964 Amendment Pub. L. 88426, title IV,  401 Aug. 14, 1964 78 Stat. 433 This title [amending sections 5, 44, 135, 173, 213, 252, 603, and 792 of this title, section 867 of Title 10 section 7443 of Title 26 Gifts to the United States Supreme Court Pub. L. 108356,  3 Oct. 21, 2004 118 Stat. 1416 The Chief Justice or his designee is authorized to accept, hold, administer, and utilize gifts and bequests of personal property pertaining to the history of the United States Supreme Court or its justices, but gifts or bequests of money shall be covered into the Treasury.  2. Terms of court  The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary. ( June 25, 1948, ch. 646 62 Stat. 869  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  338 ( Mar. 3, 1911, ch. 231,  230 36 Stat. 1156 Sept. 6, 1916, ch. 448,  1 39 Stat. 726 Minor changes in phraseology were made.  3. Vacancy in office of Chief Justice; disability  Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. ( June 25, 1948, ch. 646 62 Stat. 869  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  323 ( Mar. 3, 1911, ch. 231,  217 36 Stat. 1152 The sentence, This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice, was omitted as covered by last portion of revised section. Minor changes were made in phraseology. For seniority of commissions, see section 4 of this title  4. Precedence of associate justices  Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age. ( June 25, 1948, ch. 646 62 Stat. 869  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  322 ( Mar. 3, 1911, ch. 231,  216 36 Stat. 1152 Minor changes in phraseology were made.  5. Salaries of justices  The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 ( 2 U.S.C. 351361 section 461 of this title ( June 25, 1948, ch. 646 62 Stat. 870 Mar. 2, 1955, ch. 9,  1(a) 69 Stat. 9 Pub. L. 88426, title IV,  403(a) Aug. 14, 1964 78 Stat. 434 Pub. L. 9482, title II,  205(b)(1) Aug. 9, 1975 89 Stat. 422  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  324 ( Mar. 3, 1911, ch. 231,  218 36 Stat. 1152 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 July 31, 1946, ch. 704,  1 60 Stat. 716 The provision to be paid monthly was omitted since the time of payment of salaries is a matter of administrative convenience. (See 20 Comp. Gen. 834.) Minor changes in phraseology were made. Editorial Notes  References in Text Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90206 Dec. 16, 1967 81 Stat. 642 Amendments 1975 Pub. L. 9482 section 461 of this title 1964 Pub. L. 88426 1955Act Mar. 2, 1955 Statutory Notes and Related Subsidiaries Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426 Effective Date of 1955 Amendment Amendment by act Mar. 2, 1955 Mar. 1, 1955 Mar. 2, 1955 section 4501 of Title 2 Statutory Notes and Executive Documents Salary Increases For adjustment of salaries of Chief Justice and Associate Justices under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5 For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2 For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5 Salary of Chief Justice increased from $20,500 to $25,500 a year, and salaries of associate justices increased from $20,000 to $25,000 a year, by act July 31, 1946, ch. 704,  1 60 Stat. 716 Salary of Chief Justice increased from $15,000 to $20,500 a year, and salaries of associate justices increased from $14,500 to $20,000 a year, by act Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Salary of Chief Justice set at $15,000 a year and salaries of associate justices set at $14,500 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231,  1 36 Stat. 1152  6. Records of former court of appeals  The records and proceedings of the court of appeals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court. ( June 25, 1948, ch. 646 62 Stat. 870 Oct. 25, 1951, ch. 562,  4(7) 65 Stat. 640  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  329 ( Mar. 3, 1911, ch. 231,  222 36 Stat. 1153 In a letter dated August 8, 1944 Minor changes in phraseology were made. Editorial Notes Amendments 1951Act Oct. 25, 1951 CHAPTER 3 COURTS OF APPEALS    Sec.  41. Number and composition of circuits.  42. Allotment of Supreme Court justices to circuits.  43. Creation and composition of courts.  44. Appointment, tenure, residence and salary of circuit judges.  45. Chief judges; precedence of judges.  46. Assignment of judges; panels; hearings; quorum.  47. Disqualification of trial judge to hear appeal.  48. Terms of court.  49. Assignment of judges to division to appoint independent counsels.  Editorial Notes Amendments 1983 Pub. L. 97409,  2(b)(2) Jan. 3, 1983 96 Stat. 2039 1978 Pub. L. 95521, title VI,  602(b) Oct. 26, 1978 92 Stat. 1874 Pub. L. 95486,  5(c) Oct. 20, 1978 92 Stat. 1633  41. Number and composition of circuits  The thirteen judicial circuits of the United States are constituted as follows:     Circuits Composition  District of Columbia District of Columbia. First Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island. Second Connecticut, New York, Vermont. Third Delaware, New Jersey, Pennsylvania, Virgin Islands. Fourth Maryland, North Carolina, South Carolina, Virginia, West Virginia. Fifth District of the Canal Zone, Louisiana, Mississippi, Texas. Sixth Kentucky, Michigan, Ohio, Tennessee. Seventh Illinois, Indiana, Wisconsin. Eighth Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. Ninth Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii. Tenth Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming. Eleventh Alabama, Florida, Georgia. Federal All Federal judicial districts. ( June 25, 1948, ch. 646 62 Stat. 870 Oct. 31, 1951, ch. 655,  34 65 Stat. 723 Pub. L. 96452,  2 Oct. 14, 1980 94 Stat. 1994 Pub. L. 97164, title I,  101 Apr. 2, 1982 96 Stat. 25  Historical and Revision Notes Based on title 28, U.S.C. 1940 ed.,  211, and section 864 of title 48 Apr. 12, 1900, ch. 191,  35 31 Stat. 85 Mar. 3, 1911, ch. 231,  116 36 Stat. 1131 Jan. 28, 1915, ch. 22 38 Stat. 803 Mar. 2, 1917, ch. 145,  42 39 Stat. 966 Feb. 13, 1925, ch. 229 43 Stat. 936 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Feb. 28, 1929, ch. 363,  1 45 Stat. 1346 May 17, 1932, ch. 190 47 Stat. 158 Form of section was simplified. The District of Columbia was added as a separate circuit. This is in accord with the decision of the Supreme Court of the United States which held the Court of Appeals for the District of Columbia to be a circuit court of appeals within the Transfer Act of Sept. 14, 1922, ch. 305 42 Stat. 837 act Feb. 13, 1925, ch. 229,  13 43 Stat. 942 Swift and Co. v. U.S In recognizing the District of Columbia as a separate circuit, the Supreme Court recently used this language: * * * the eleven circuits forming the single federal judicature * * *. Commr. v. Bedfords Estate See section 17 of title 28 act Dec. 23, 1944, ch. 724 58 Stat. 925 section 215 of title 28 section 42 of this title Many other acts of Congress have recognized the District of Columbia as a separate circuit. (See the following acts; Aug. 24, 1937, ch. 754 50 Stat. 751 Feb. 11, 1938, ch. 25 52 Stat. 28 Aug. 5, 1939, ch. 433 53 Stat. 1204 Aug. 7, 1939, ch. 501 53 Stat. 1223 Dec. 29, 1942, ch. 835 56 Stat. 1094 May 11, 1944, ch. 192 58 Stat. 218 Dec. 23, 1944, ch. 724 58 Stat. 925 See also the following acts recognizing the Court of Appeals for the District of Columbia as a circuit court of appeals: Aug. 15, 1921, ch. 64 42 Stat. 162 July 5, 1935, ch. 372 49 Stat. 454 Aug. 24, 1937, ch. 754 50 Stat. 751 Apr. 6, 1942, ch. 210 56 Stat. 198 May 9, 1942, ch. 295 56 Stat. 271 In the following cases the Supreme Court of the United States has recognized the status of the Court of Appeals of the District of Columbia as a permanent establishment within the federal judicial system: ODonoghue v. United States Federal Trade Commission v. Klesner Claiborne-Annapolis Ferry v. United States United States v. California Canneries Alaska, Canal Zone, and Virgin Islands were added to the 9th, 5th, and 3rd Circuits, respectively, to conform to section 1294 of this title Some of the provisions of section 864 of title 48 Editorial Notes Amendments 1982 Pub. L. 97164 1980 Pub. L. 96452 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Pub. L. 96452,  12 Oct. 14, 1980 94 Stat. 1996 This Act and the amendments made by this Act [amending this section and sections 44 and 48 of this title, and enacting provisions set out as notes under this section] shall take effect on October 1, 1981  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493 Commission on Structural Alternatives for the Federal Courts of Appeals Pub. L. 105119, title III,  305 Nov. 26, 1997 111 Stat. 2491 Assignment of Judges and Procedure for Administration of Pending Cases With Regard to Reorganization of the Fifth Circuit Court of Appeals Pub. L. 96452 Oct. 14, 1980 94 Stat. 1994  Sec. 5. Each circuit judge in regular active service of the former fifth circuit whose official station on the day before the effective date of this Act [ Oct. 1, 1981 (1) is in Louisiana, Mississippi, or Texas is assigned as a circuit judge of the new fifth circuit; and (2) is in Alabama, Florida, or Georgia is assigned as a circuit judge of the eleventh circuit. Sec. 6. Each judge who is a senior judge of the former fifth circuit on the day before the effective date of this Act [ Oct. 1, 1981 Sec. 7. The seniority of each judge (1) who is assigned under section 5 of this Act; or (2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former fifth circuit. Sec. 8. The eleventh circuit is authorized to hold terms or sessions of court at New Orleans, Louisiana, until such time as adequate facilities for such court are provided in Atlanta, Georgia. Sec. 9. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act [ Oct. 1, 1981 (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act [amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section] had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act [ Oct. 1, 1981 Sec. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the term (1) former fifth circuit means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act [ Oct. 1, 1981 (2) the term new fifth circuit means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act [amending item relating to the fifth circuit in this section]; and (3) the term eleventh circuit means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act [adding item relating to the eleventh circuit in this section]. Administrative Action by Fifth Circuit Court of Appeals; Termination of Court Pub. L. 96452,  11 Oct. 14, 1980 94 Stat. 1996 The court of appeals for the fifth circuit as constituted on the day before the effective date of this Act [ Oct. 1, 1981 July 1, 1984 Appeals Court Administrative Units Pub. L. 95486,  6 Oct. 20, 1978 92 Stat. 1633 Any court of appeals having more than 15 active judges may constitute itself into administrative units complete with such facilities and staff as may be prescribed by the Administrative Office of the United States Courts, and may perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals. Northern Mariana Islands Pub. L. 95157,  1(a) Nov. 8, 1977 91 Stat. 1265 section 1694(a) of Title 48 Commission on Revision of the Federal Appellate System Pub. L. 92489 Oct. 13, 1972 86 Stat. 807 Pub. L. 93420 Sept. 19, 1974 88 Stat. 1153 June 20, 1975 Continuation of Organization of Court Act June 25, 1948, ch. 646,  2(b) 62 Stat. 985 June 25, 1948 Sept. 1, 1948  42. Allotment of Supreme Court justices to circuits  The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit. ( June 25, 1948, ch. 646 62 Stat. 870  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  215 ( Mar. 3, 1911, ch. 231,  119 36 Stat. 1131 Dec. 23, 1944, ch. 724 58 Stat. 925 The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase whenever by reason of death or resignation, no Justice is allotted to a circuit. The provision in section 215 of Title 28 section 41 of this title The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible. Changes were made in phraseology.  43. Creation and composition of courts (a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit. (b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court. ( June 25, 1948, ch. 646 62 Stat. 870 Pub. L. 88176,  1(a) Nov. 13, 1963 77 Stat. 331  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  212 ( Mar. 3, 1911, ch. 231,  117 36 Stat. 1131 The provision in section 212 of title 28 Textile Mills Securities Corporation v. Commissioner of Internal Revenue section 46 of this title Words with appellate jurisdiction, as hereinafter limited and established were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals. The term court of appeals was substituted in this section and throughout this title for the term circuit court of appeals. Provision for a quorum of the court is now covered by section 46(d) of this title Editorial Notes Amendments 1963Subsec. (b). Pub. L. 88176 Statutory Notes and Related Subsidiaries  Change of Name of Court Act June 25, 1948, ch. 646,  2(b) 62 Stat. 985 Sept. 1, 1948 June 25, 1948 Sept. 1, 1948  44. Appointment, tenure, residence and salary of circuit judges (a) The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows:     Circuits Number of Judges  District of Columbia 11 First 6 Second 13 Third 14 Fourth 15 Fifth 17 Sixth 16 Seventh 11 Eighth 11 Ninth 29 Tenth 12 Eleventh 12 Federal 12. (b) Circuit judges shall hold office during good behavior. (c) Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state 1 1 (d) Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 ( 2 U.S.C. 351361 section 461 of this title ( June 25, 1948, ch. 646 62 Stat. 871 Aug. 3, 1949, ch. 387,  1 63 Stat. 493 Feb. 10, 1954, ch. 6,  1 68 Stat. 8 Mar. 2, 1955, ch. 9,  1(b) 69 Stat. 10 Pub. L. 8736,  1(b) May 19, 1961 75 Stat. 80 Pub. L. 88426, title IV,  403(b) Aug. 14, 1964 78 Stat. 434 Pub. L. 89372,  1(b) Mar. 18, 1966 80 Stat. 75 Pub. L. 90347,  3 June 18, 1968 82 Stat. 184 Pub. L. 9482, title II,  205(b)(2) Aug. 9, 1975 89 Stat. 422 Pub. L. 95486,  3(b) Oct. 20, 1978 92 Stat. 1632 Pub. L. 96452,  3 Oct. 14, 1980 94 Stat. 1994 Pub. L. 97164, title I,  102 Apr. 2, 1982 96 Stat. 25 Pub. L. 98353, title II,  201(b) July 10, 1984 98 Stat. 346 Pub. L. 101650, title II,  202(b) Dec. 1, 1990 104 Stat. 5099 Pub. L. 102198,  10(c) Dec. 9, 1991 105 Stat. 1626 Pub. L. 105119, title III,  307 Nov. 26, 1997 111 Stat. 2493 Pub. L. 110177, title V,  509(a) Jan. 7, 2008 121 Stat. 2543  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  213, and sections 11201, 11202, District of Columbia Code, 1940 ed. ( Feb. 9, 1893, ch. 74,  1 27 Stat. 434 Mar. 3, 1901, ch. 854 31 Stat. 1224 Mar. 3, 1911, ch. 231,  118 36 Stat. 1131 Jan. 13, 1912, ch. 9 37 Stat. 52 Feb. 25, 1919, ch. 29,  2 40 Stat. 1156 Sept. 14, 1922, ch. 306,  6 42 Stat. 840 Mar. 3, 1925, ch. 437 43 Stat. 1116 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Feb. 28, 1929, ch. 363,  2 45 Stat. 1347 Mar. 1, 1929, ch. 413 45 Stat. 1414 June 10, 1930, ch. 437 46 Stat. 538 June 10, 1930, ch. 438 46 Stat. 538 June 19, 1930, ch. 538 46 Stat. 785 June 16, 1933, ch. 102 48 Stat. 310 Aug. 2, 1935, ch. 425,  1 49 Stat. 508 June 24, 1936, ch. 735,  1 49 Stat. 1903 Apr. 14, 1937, ch. 80 50 Stat. 64 May 31, 1938, ch. 290 52 Stat. 584 May 24, 1940, ch. 209,  1 54 Stat. 219 Dec. 14, 1942, ch. 731 56 Stat. 1050 Dec. 7, 1944, ch. 521,  1 58 Stat. 796 July 31, 1946, ch. 704,  1 60 Stat. 716 This section includes the members of the United States Court of Appeals for the District of Columbia and designates them as judges rather than as justices, thus harmonizing it with the provisions of section 41 of this title Act February 9, 1893 September 24, 1789 June 22, 1874 The Judiciary Appropriation Act, 1945, Act June 26, 1944, ch. 277,  202 58 Stat. 358 Provisions in section 11202 of the District of Columbia Code, 1940 ed., and section 213 of title 28 The exception in subsection (c) extends to circuit judges in the District of Columbia the effect of the recent decision in U.S. ex rel. Laughlin v. Eicher section 1 of title 28 section 134 of this title The provision in section 213 of the title 28, U.S.C., 1940 ed., that it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law, was omitted as unnecessary since the duty to serve is implied by the creation and composition of the court in section 43 of this title Last sentence, providing that nothing in section 213 of title 28 section 291 of this title Subsection (b) was added in conformity with the U.S. Constitution, art. 3. Changes were made in phraseology.  References in Text The effective date of the Federal Courts Improvement Act of 1982, referred to in subsec. (c), is the effective date of Pub. L. 97164 Oct. 1, 1982 section 171 of this title Section 225 of the Federal Salary Act of 1967, referred to in subsec. (d), is section 225 of Pub. L. 90206 Dec. 16, 1967 81 Stat. 642 Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110177,  509(a)(2) Pub. L. 110177,  509(a)(1) 1997Subsec. (c). Pub. L. 105119 1991Subsec. (c). Pub. L. 102198 1990Subsec. (a). Pub. L. 101650     Circuits Former New  Third 12 14 Fourth 11 15 Fifth 16 17 Sixth 15 16 Eighth 10 11 Tenth 10 12 1984Subsec. (a). Pub. L. 98353     Circuits Former New  District of Columbia 11 12 First 4 6 Second 11 13 Third 10 12 Fourth 10 11 Fifth 14 16 Sixth 11 15 Seventh 9 11 Eighth 9 10 Ninth 23 28 Tenth 8 10 Eleventh 12 12 Federal 12 12 1982Subsec. (a). Pub. L. 97164,  102(a) Subsec. (c). Pub. L. 97164,  102(b) 1980Subsec. (a). Pub. L. 96452 1978Subsec. (a). Pub. L. 95486     Circuits Former New  District of Columbia 9 11 First 3 4 Second 9 11 Third 9 10 Fourth 7 10 Fifth 15 26 Sixth 9 11 Seventh 8 9 Eighth 8 9 Ninth 13 23 Tenth 7 8 1975Subsec. (d). Pub. L. 9482 section 461 of this title 1968Subsec. (a). Pub. L. 90347 1966Subsec. (a). Pub. L. 89372 1964Subsec. (d). Pub. L. 88426 1961Subsec. (a). Pub. L. 8736 1955Subsec. (d). Act Mar. 2, 1955 1954Subsec. (a). Act Feb. 10, 1954 1949Subsec. (a). Act Aug. 3, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Pub. L. 110177, title V,  509(b) Jan. 7, 2008 121 Stat. 2543 The amendments made by subsection (a)(2) [amending this section] shall take effect on January 21, 2009 Effective Date of 1990 Amendment Pub. L. 101650, title II,  206 Dec. 1, 1990 104 Stat. 5104 This title [amending this section and section 133 of this title Dec. 1, 1990 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96452 Oct. 1, 1981 section 12 of Pub. L. 96452 section 41 of this title Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426 Effective Date of 1955 Amendment Amendment by act Mar. 2, 1955 Mar. 1, 1955 Mar. 2, 1955 section 4501 of Title 2 Nomination to Federal Judgeship on Nondiscriminatory Basis Pub. L. 98353, title II,  211 July 10, 1984 98 Stat. 351 It is the sense of the Congress that the President, in selecting individuals for nomination to the Federal judgeships created by this Act [see Short Title of 1984 Amendment note set out under section 151 of this title Continued Service of Judges Pub. L. 97164, title I,  165 Apr. 2, 1982 96 Stat. 50 Oct. 1, 1982 Oct. 1, 1982 Congressional Statement Regarding Appointment of Judges Pub. L. 97164, title I,  168 Apr. 2, 1982 96 Stat. 51  The Congress (1) takes notice of the fact that the quality of the Federal judiciary is determined by the competence and experience of its judges; and (2) suggests that the President, in nominating individuals to judgeships on the United States Court of Appeals for the Federal Circuit and the United States Claims Court [now United States Court of Federal Claims], select from a broad range of qualified individuals. Salary Increases For adjustment of salaries of circuit judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5 For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2 For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5 Salaries of circuit judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704,  1 60 Stat. 716 Salaries of circuit judges increased from $8,500 to $12,500 a year by act Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Salaries of circuit judges increased from $7,000 to $8,500 a year by act Feb. 25, 1919, ch. 29,  1 40 Stat. 1156 Salaries of circuit court judges set at $7,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231,  1 36 Stat. 1131 Additional Judges Since 1925, the appointment of additional judges was authorized by the following acts: Second circuit. Act May 31, 1938, ch. 290,  1 52 Stat. 584 Third circuit. Act Aug. 3, 1949, ch. 387,  1 63 Stat. 493 act Dec. 7, 1944, ch. 521,  1 58 Stat. 796 act June 10, 1930, ch. 438 46 Stat. 538 act June 24, 1936, ch. 735,  1 49 Stat. 1903 act May 31, 1938, ch. 290,  3 52 Stat. 585 Fifth circuit. Act Dec. 14, 1942, ch. 731 56 Stat. 1050 act May 31, 1938, ch. 290,  1 52 Stat. 584 act June 10, 1930, ch. 437 46 Stat. 538 Sixth circuit. Act May 24, 1940, ch. 209,  1 54 Stat. 219 act May 31, 1938, ch. 290,  1 52 Stat. 584 Seventh circuit. Act Aug. 3, 1949, ch. 387,  1 63 Stat. 493 act May 31, 1938, ch. 290,  1 52 Stat. 584 Eighth circuit. Act May 24, 1940, ch. 209,  1 54 Stat. 219 act Mar. 3, 1925, ch. 436 43 Stat. 1116 Ninth circuit. Act Apr. 14, 1937, ch. 80 50 Stat. 64 act Aug. 2, 1935, ch. 425,  1 49 Stat. 508 act June 16, 1933, ch. 102 48 Stat. 310 act Mar. 1, 1929, ch. 413 45 Stat. 1414 Tenth circuit. Act Aug. 3, 1949, ch. 387,  1 63 Stat. 493 District of Columbia Court of Appeals. Act Aug. 3, 1949, ch. 387,  1 63 Stat. 493 act May 31, 1938, ch. 290,  2 52 Stat. 584 act June 19, 1930, ch. 538 46 Stat. 785 Act Feb. 28, 1929, ch. 363,  2 45 Stat. 1346 Another part of act Feb. 10, 1954, ch. 6,  1 68 Stat. 8 Pub. L. 8736,  1(a) May 19, 1961 75 Stat. 80 The President shall appoint, by and with the advice and consent of the Senate, three additional circuit judges for the second circuit, one additional circuit judge for the third circuit, two additional circuit judges for the fourth circuit, two additional circuit judges for the fifth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the tenth circuit. Pub. L. 89372,  1(a) Mar. 18, 1966 80 Stat. 75 The President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the fourth circuit, two additional circuit judges for the sixth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the eighth circuit. Pub. L. 89372,  1(c) Mar. 18, 1966 80 Stat. 75 Pub. L. 90347,  2 June 18, 1968 82 Stat. 183 The President shall appoint, by and with the advice and consent of the Senate, four additional circuit judges for the fifth circuit. section 1(c) of Pub. L. 89372 section 2 of Pub. L. 90347 Pub. L. 90347,  1 June 18, 1968 82 Stat. 184 That the President shall appoint, by and with the advice and consent of the Senate, one additional circuit judge for the third circuit, two additional circuit judges for the fifth circuit, one additional circuit judge for the sixth circuit, four additional circuit judges for the ninth circuit, and one additional circuit judge for the tenth circuit. Pub. L. 95486,  3(a) Oct. 20, 1978 92 Stat. 1632 The President shall appoint, by and with the advice and consent of the Senate, one additional circuit judgeship for the first circuit, two additional circuit judgeships for the second circuit, one additional circuit judgeship for the third circuit, three additional circuit judgeships for the fourth circuit, eleven additional circuit judgeships for the fifth circuit, two additional circuit judgeships for the sixth circuit, one additional circuit judgeship for the seventh circuit, one additional circuit judgeship for the eighth circuit, ten additional circuit judgeships for the ninth circuit, one additional circuit judgeship for the tenth circuit, and two additional circuit judgeships for the District of Columbia. Pub. L. 98353, title II,  201(a) July 10, 1984 98 Stat. 346  (1) Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals. (2) The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985 Pub. L. 101650, title II,  202(a) Dec. 1, 1990 104 Stat. 5098  The President shall appoint, by and with the advice and consent of the Senate (1) 2 additional circuit judges for the third circuit court of appeals; (2) 4 additional circuit judges for the fourth circuit court of appeals; (3) 1 additional circuit judge for the fifth circuit court of appeals; (4) 1 additional circuit judge for the sixth circuit court of appeals; (5) 1 additional circuit judge for the eighth circuit court of appeals; and (6) 2 additional circuit judges for the tenth circuit court of appeals. Executive Documents  Executive Order No. 11972 Ex. Ord. No. 11972, Feb. 14, 1977 May 24, 1977 May 11, 1978  Executive Order No. 12059 Ex. Ord. No. 12059, May 11, 1978 Nov. 8, 1978 May 5, 1981 section 1013 of Title 5  Ex. Ord. No. 13300. Facilitating the Administration of Justice in the Federal Courts Ex. Ord. No. 13300, May 9, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the prompt appointment of judges to the Federal courts, it is hereby ordered as follows: Section Policy Sec Plan October 30, 2002 Sec Responsibilities Sec Reservation of Authority Sec Judicial Review  George W. Bush.  45. Chief judges; precedence of judges (a) (1) The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who (A) are sixty-four years of age or under; (B) have served for one year or more as a circuit judge; and (C) have not served previously as chief judge. (2) (A) In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. (3) (A) Except as provided in subparagraph (C), the chief judge of the circuit appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the circuit. (B) Except as provided in subparagraph (C), a circuit judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). (C) No circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit under paragraph (1) or is qualified to act as chief judge under paragraph (2). (b) The chief judge shall have precedence and preside at any session of the court which he attends. Other circuit judges of the court in regular active service shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends. (c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a). (d) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence. ( June 25, 1948, ch. 646 62 Stat. 871 Oct. 31, 1951, ch. 655,  35 65 Stat. 723 Pub. L. 85593,  1 Aug. 6, 1958 72 Stat. 497 Pub. L. 97164, title II Apr. 2, 1982 96 Stat. 51  Historical and Revision Notes Based on sections 216 and 216a of title 28, U.S.C., 1940 ed. ( Mar. 3, 1911, ch. 231,  120 36 Stat. 1132 May 23, 1934, ch. 339 48 Stat. 796 Subsection (a), providing for chief judge, is new. Such term is adopted to replace the term senior circuit judge in recognition of the great increase in administrative duties of such judge. Subsection (b) conforms with section 4 of this title section 216 of title 28 Other provisions of section 216 of title 28 section 47 of this title Subsection (c) is new. Subsection (d) is based on section 216a of title 28 The official status of the Chief Justice of the Court of Appeals for the District of Columbia holding office on the effective date of the act is preserved by section 2 of the bill to enact revised Title 28. Changes were made in phraseology. Editorial Notes Amendments 1982Subsec. (a). Pub. L. 97164,  201(a) Subsec. (b). Pub. L. 97164,  204 Subsec. (c). Pub. L. 97164,  201(b) 1958Subsec. (a). Pub. L. 85593 1951Subsec. (a). Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1958 Amendment Pub. L. 85593,  3 Aug. 6, 1958 72 Stat. 497 Pub. L. 95486,  4 Oct. 20, 1978 92 Stat. 1632 The amendments to sections 45 and 136 of title 28 of the United States Code made by this Act shall take effect at the expiration of one year from the date of enactment of this Act [ Aug. 6, 1958 Savings Provision Pub. L. 97164, title II,  203 Apr. 2, 1982 96 Stat. 53  (a) The amendments to section 45 of title 28 Oct. 1, 1982 (b) The provisions of section 45(a) of title 28 Oct. 1, 1982 section 136(a) of title 28 Oct. 1, 1982 Appointment of Chief Judge of Court of Appeals for the Federal Circuit Pub. L. 97164, title I,  166 Apr. 2, 1982 96 Stat. 50 Notwithstanding the provisions of section 45(a) of title 28 section 45 of title 28 section 45(a) of title 28 Chief Judge of Court of Appeals for District of Columbia Act June 25, 1948, ch. 646,  2(a) 62 Stat. 985 Sept. 1, 1948  46. Assignment of judges; panels; hearings; quorum (a) Circuit judges shall sit on the court and its panels in such order and at such times as the court directs. (b) In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel. (c) Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of Public Law 95486 92 Stat. 1633 section 294(c) of this title (d) A majority of the number of judges authorized to constitute a court or panel thereof, as provided in paragraph (c), shall constitute a quorum. ( June 25, 1948, ch. 646 62 Stat. 871 Pub. L. 88176,  1(b) Nov. 13, 1963 77 Stat. 331 Pub. L. 95486,  5(a) Oct. 20, 1978 92 Stat. 1633 Pub. L. 97164, title I,  103 Apr. 2, 1982 96 Stat. 25 Pub. L. 104175,  1 Aug. 6, 1996 110 Stat. 1556  Historical and Revision Notes Based in part on title 28, U.S.C., 1940 ed.,  212 ( Mar. 3, 1911, ch. 231,  117 36 Stat. 1131 Subsections (a)(c) authorize the establishment of divisions of the court and provide for the assignment of circuit judges for hearings and rehearings in banc. The Supreme Court of the United States has ruled that, notwithstanding the three-judge provision of section 212 of title 28 Textile Mills Securities Corporation v. Commissioner of Internal Revenue The Supreme Court in upholding the unanimous view of the five judges as to their right to sit in banc, notwithstanding the contrary opinion in Langs Estate v. Commissioner of Internal Revenue This section preserves the interpretation established by the Textile Mills case but provides in subsection (c) that cases shall be heard by a court of not more than three judges unless the court has provided for hearing in banc. This provision continues the tradition of a three-judge appellate court and makes the decision of a division, the decision of the court, unless rehearing in banc is ordered. It makes judges available for other assignments, and permits a rotation of judges in such manner as to give to each a maximum of time for the preparation of opinions. Whether divisions should sit simultaneously at the same or different places in the circuit is a matter for each court to determine. Editorial Notes  References in Text Section 6 of Public Law 95486 92 Stat. 1633 section 6 of Pub. L. 95486 Oct. 20, 1978 92 Stat. 1633 section 41 of this title Amendments 1996Subsec. (c). Pub. L. 104175 1982Subsec. (a). Pub. L. 97164,  103(a) Subsec. (b). Pub. L. 97164,  103(b) Subsec. (c). Pub. L. 97164 section 6 of Public Law 95486 92 Stat. 1633 section 294(c) of this title Subsec. (d). Pub. L. 97164,  103(d) 1978 Pub. L. 95486,  5(b) Subsec. (c). Pub. L. 95486,  5(a) 1963Subsec. (c). Pub. L. 88176 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  47. Disqualification of trial judge to hear appeal  No judge shall hear or determine an appeal from the decision of a case or issue tried by him. ( June 25, 1948, ch. 646 62 Stat. 872  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  216, and District of Columbia Code, 1940 ed.,  11205 ( Feb. 9, 1893, ch. 74,  6 27 Stat. 435 July 30, 1894, ch. 172,  2 28 Stat. 161 Mar. 3, 1901, ch. 854,  225 31 Stat. 1225 Mar. 3, 1911, ch. 231,  120 36 Stat. 1132 The provision in section 11205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section 216 of title 28 References in said section 11205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure. Said section 11205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law. Other provisions of said section 11205 are incorporated in section 48 of this title The provision of section 216 of title 28 section 43 of this title Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice. The provision of said section 216 with respect to assignment of district judges was omitted as covered by section 291 et seq. of this title. Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title  48. Terms of court (a) The courts of appeals shall hold regular sessions at the places listed below, and at such other places within the respective circuit as each court may designate by rule.     Circuits Places  District of Columbia Washington. First Boston. Second New York. Third Philadelphia. Fourth Richmond, Asheville. Fifth New Orleans, Fort Worth, Jackson. Sixth Cincinnati. Seventh Chicago. Eighth St. Louis, Kansas City, Omaha, St. Paul. Ninth San Francisco, Los Angeles, Portland, Seattle. Tenth Denver, Wichita, Oklahoma City. Eleventh Atlanta, Jacksonville, Montgomery. Federal District of Columbia, and in any other place listed above as the court by rule directs. (b) Each court of appeals may hold special sessions at any place within its circuit as the nature of the business may require, and upon such notice as the court orders. The court may transact any business at a special session which it might transact at a regular session. (c) Any court of appeals may pretermit any regular session of court at any place for insufficient business or other good cause. (d) The times and places of the sessions of the Court of Appeals for the Federal Circuit shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the court with as little inconvenience and expense to citizens as is practicable. (e) Each court of appeals may hold special sessions at any place within the United States outside the circuit as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the court of appeals (or, if the chief judge is unavailable, the most senior available active judge of the court of appeals) or the judicial council of the circuit that, because of emergency conditions, no location within the circuit is reasonably available where such special sessions could be held. The court may transact any business at a special session outside the circuit which it might transact at a regular session. (f) If a court of appeals issues an order exercising its authority under subsection (e), the court (1) through the Administrative Office of the United States Courts, shall (A) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (B) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including (i) the reasons for the issuance of such order; (ii) the duration of such order; (iii) the impact of such order on litigants; and (iv) the costs to the judiciary resulting from such order; and (2) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order. ( June 25, 1948, ch. 646 62 Stat. 872 Oct. 31, 1951, ch. 655,  36 65 Stat. 723 Pub. L. 96452,  4 Oct. 14, 1980 94 Stat. 1994 Pub. L. 97164, title I,  104 Apr. 2, 1982 96 Stat. 26 Pub. L. 102572, title V,  501 Oct. 29, 1992 106 Stat. 4512 Pub. L. 10963,  2(a) Sept. 9, 2005 119 Stat. 1993  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  223 and  11205 District of Columbia Code, 1940 ed. ( Feb. 9, 1893, ch. 74,  6 27 Stat. 435 July 30, 1894, ch. 172,  2 28 Stat. 161 Mar. 3, 1901, ch. 854,  225 31 Stat. 1225 Mar. 3, 1911, ch. 231,  126 36 Stat. 1132 July 17, 1916, ch. 246 39 Stat. 385 Jan. 8, 1925, ch. 57 43 Stat. 729 July 3, 1926, ch. 735 44 Stat. 809 Feb. 28, 1929, ch. 363,  3 45 Stat. 1347 May 17, 1932, ch. 190 47 Stat. 158 This section consolidates section 223 of title 28 Reference to San Juan as a place for holding court in the First Circuit was omitted. The revised section will permit the holding of terms at San Juan when the public interest requires. The phrase and at such other places within the respective circuits as may be designated by rule of court was added to enable each court of appeals to hold such additional regular terms as changing circumstances might require. The provisions of such section 223, for furnishing suitable rooms and accommodation at Oakland City, were omitted as obsolete since the erection of a new Federal building there. The provisions as to fixed times for holding court in the Fifth Circuit was omitted as inconsistent with the practice in the other circuits. Words San Francisco, Los Angeles, Portland, Seattle were substituted for San Francisco and two other places designated by the court to conform with the practice in the Ninth Circuit. Changes were made in phraseology. Senate Revision Amendment By Senate amendment, Jacksonville (Fla.) was added as a place for holding a regular session of the Court of Appeals for the Fifth Circuit. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 2005Subsecs. (e), (f). Pub. L. 10963 1992Subsec. (c). Pub. L. 102572 1982Subsec. (a). Pub. L. 97164,  104(a) Subsec. (b). Pub. L. 97164,  104(c) Subsec. (c). Pub. L. 97164,  104(c) Subsec. (d). Pub. L. 97164,  104(c) 1980 Pub. L. 96452 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96452 Oct. 1, 1981 section 12 of Pub. L. 96452 section 41 of this title Survey of Judicial Business in Alaska Pub. L. 8670,  23(a) June 25, 1959 73 Stat. 147 The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice.  49. Assignment of judges to division to appoint independent counsels (a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court. (b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division. (c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices. (d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court. (e) Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made. (f) Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsels official duties, regardless of whether such independent counsel is still serving in that office. (Added Pub. L. 95521, title VI,  602(a) Oct. 26, 1978 92 Stat. 1873 Pub. L. 97409,  2(b)(1) Jan. 3, 1983 96 Stat. 2039 Pub. L. 99554, title I,  144(g)(3) Oct. 27, 1986 100 Stat. 3097 Pub. L. 100191 Dec. 15, 1987 101 Stat. 1307  Editorial Notes  References in Text The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978 Amendments 1987Subsec. (a). Pub. L. 100191,  4 Subsec. (f). Pub. L. 100191,  5(a) 1986Subsec. (f). Pub. L. 99554 1983 Pub. L. 97409,  2(b)(1)(B) Subsec. (a). Pub. L. 97409,  2(b)(1)(B) Subsec. (f). Pub. L. 97409,  2(b)(1)(A) Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title Effective Date Section effective Oct. 26, 1978 section 604 of Pub. L. 95521 section 591 of this title CHAPTER 5 DISTRICT COURTS    Sec.  81. Alabama.  81A. Alaska.  82. Arizona.  83. Arkansas.  84. California.  85. Colorado.  86. Connecticut.  87. Delaware.  88. District of Columbia.  89. Florida.  90. Georgia.  91. Hawaii.  92. Idaho.  93. Illinois.  94. Indiana.  95. Iowa.  96. Kansas.  97. Kentucky.  98. Louisiana.  99. Maine.  100. Maryland.  101. Massachusetts.  102. Michigan.  103. Minnesota.  104. Mississippi.  105. Missouri.  106. Montana.  107. Nebraska.  108. Nevada.  109. New Hampshire.  110. New Jersey.  111. New Mexico.  112. New York.  113. North Carolina.  114. North Dakota.  115. Ohio.  116. Oklahoma.  117. Oregon.  118. Pennsylvania.  119. Puerto Rico.  120. Rhode Island.  121. South Carolina.  122. South Dakota.  123. Tennessee.  124. Texas.  125. Utah.  126. Vermont.  127. Virginia.  128. Washington.  129. West Virginia.  130. Wisconsin.  131. Wyoming.  132. Creation and composition of district courts.  133. Appointment and number of district judges.  134. Tenure and residence of district judges.  135. Salaries of district judges.  136. Chief judges; precedence of district judges.  137. Division of business among district judges.  138. Terms abolished.  139. Times for holding regular sessions.  140. Adjournment.  141. Special sessions; places; notice.  [ 142. Repealed.]  143. Vacant judgeship as affecting proceedings.  144. Bias or prejudice of judge.  Historical and Revision Notes Sections 81131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945 All references to fixed terms of holding court were also omitted in order to vest in each district court a wider discretion and greater flexibility in the disposition of its business. Such times will now be determined by rule of court rather than by statute. See sections 138 and 141 of this title. Editorial Notes Amendments 1982 Pub. L. 97164, title I,  115(c)(3) Apr. 2, 1982 96 Stat. 32 1963 Pub. L. 88139,  3(a) Oct. 16, 1963 77 Stat. 248 1958 Pub. L. 85508,  12(a) July 7, 1958 72 Stat. 348 Statutory Notes and Related Subsidiaries Short Title of 1978 Amendment For short title of Pub. L. 95408 Oct. 2, 1978 92 Stat. 883 section 1 of this title Pro Bono Work To Empower and Represent Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Pub. L. 115237 Sept. 4, 2018 132 Stat. 2447 Pub. L. 117252,  2 Dec. 20, 2022 136 Stat. 2359  SECTION 1. SHORT TITLE. This Act may be cited as the Pro bono Work to Empower and Represent Act of 2018 or the POWER Act. SEC. 2. FINDINGS. Congress finds the following: (1) Extremely high rates of domestic violence, dating violence, sexual assault, and stalking exist at the local, State, tribal, and national levels and such violence or behavior harms the most vulnerable members of our society. (2) According to a study commissioned by the Department of Justice, nearly 25 percent of women suffer from domestic violence during their lifetime. (3) Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shatters families. (4) A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or behavior. (5) According to the National Network to End Domestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met. (6) Pro bono assistance can help fill this need by providing not only legal representation, but also access to emergency shelter, transportation, and childcare. (7) Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward. (8) Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as demonstrated by a study that found that 83 percent of victims represented by an attorney were able to obtain a protective order, whereas only 32 percent of victims without an attorney were able to do so. (9) The American Bar Association Model Rules include commentary stating that every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. (10) As leaders in their legal communities, judges in district courts should encourage lawyers to provide pro bono resources in an effort to help victims of such violence or behavior escape the cycle of abuse. (11) A dedicated army of pro bono attorneys focused on this mission will inspire others to devote efforts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country. (12) Communities, by providing awareness of pro bono legal services and assistance to survivors of domestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move forward with their lives. SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS. (a)  In General Not later than 1 year after the date of the enactment of this Act [ Sept. 4, 2018 (b)  Districts Containing Indian Tribes and Tribal Organizations During each 2-year period, the chief judge, or his or her designee, for a judicial district that contains an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (c)  Requirements Each chief judge shall (1) have discretion as to the design, organization, and implementation of the public events required under subsection (a); and (2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high quality pro bono legal services by survivors of domestic violence, dating violence, sexual assault, and stalking. SEC. 4. REPORTING REQUIREMENTS. (a)  Report to the Director of the Administrative Office of the United States Courts Not later than October 30 of each year, each chief judge shall submit to the Director of the Administrative Office of the United States Courts a report detailing each public event conducted under section 3 during the previous fiscal year. (b) Report to Congress. (1)  In general Not later than January 1 of each year, the Director of the Administrative Office of the United States Courts shall submit to Congress a compilation and summary of each report received under subsection (a) for the previous fiscal year. (2)  Requirement Each comprehensive report submitted under paragraph (1) shall include an analysis of how each public event meets the goals set forth in this Act as well as suggestions on how to improve future public events. SEC. 5. FUNDING. The Administrative Office of the United States Courts shall use existing funds to carry out the requirements of this Act.  81. Alabama  Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama. Northern District (a) The Northern District comprises seven divisions. (1) The Northwestern Division comprises the counties of Colbert, Franklin, and Lauderdale. Court for the Northwestern Division shall be held at Florence. (2) The Northeastern Division comprises the counties of Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan. Court for the Northeastern Division shall be held at Huntsville and Decatur. (3) The Southern Division comprises the counties of Blount, Jefferson, and Shelby. Court for the Southern Division shall be held at Birmingham. (4) The Eastern Division comprises the counties of Calhoun, Clay, Cleburne, and Talladega. Court for the Eastern Division shall be held at Anniston. (5) The Western Division comprises the counties of Bibb, Greene, Pickens, Sumter, and Tuscaloosa. Court for the Western Division shall be held at Tuscaloosa. (6) The Middle Division comprises the counties of Cherokee, De Kalb, Etowah, Marshall, and Saint Clair. Court for the Middle Division shall be held at Gadsden. (7) The Jasper Division comprises the counties of Fayette, Lamar, Marion, Walker, and Winston. Court for the Jasper Division shall be held at Jasper. Middle District (b) The Middle District comprises three divisions. (1) The Northern Division comprises the counties of Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike. Court for the Northern Division shall be held at Montgomery. (2) The Southern Division comprises the counties of Coffee, Dale, Geneva, Henry, and Houston. Court for the Southern Division shall be held at Dothan. (3) The Eastern Division comprises the counties of Chambers, Lee, Macon, Randolph, Russell, and Tallapoosa. Court for the Eastern Division shall be held at Opelika. Southern District (c) The Southern District comprises two divisions. (1) The Northern Division comprises the counties of Dallas, Hale, Marengo, Perry, and Wilcox. Court for the Northern Division shall be held at Selma. (2) The Southern Division comprises the counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington. Court for the Southern Division shall be held at Mobile. ( June 25, 1948, ch. 646 62 Stat. 873 Pub. L. 8736,  3(a) May 19, 1961 75 Stat. 83  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.  142 ( Mar. 3, 1911, ch. 231,  70 36 Stat. 1105 Feb. 28, 1913, ch. 89 37 Stat. 698 June 27, 1922, ch. 247 42 Stat. 667 Provisions relating to the places for the maintenance of the clerks offices were omitted as covered by section 751 of this title Provisions that the offices of the court shall be kept open at all times were omitted as covered by section 452 of this title A provision requiring the district judge for the northern district to reside at Birmingham was omitted as incongruous with section 134 of this title section 142 of title 28 The provisions for furnishing rooms and accommodations at Florence, Gadsden, Jasper and Opelika were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of these places. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1961Subsec. (a)(2). Pub. L. 8736  81A. Alaska  Alaska constitutes one judicial district. Court shall be held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome. (Added Pub. L. 85508,  12(b) July 7, 1958 72 Stat. 348 Pub. L. 8670,  23(b) June 25, 1959 73 Stat. 147  Editorial Notes Amendments 1959 Pub. L. 8670 Statutory Notes and Related Subsidiaries Effective Date of 1959 Amendment Section 12 of Pub. L. 85508 section 341b of Title 5 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 21 of Title 48 Continuation of Suits Pub. L. 85508,  13 July 7, 1958 72 Stat. 349  No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska. Appeals Pub. L. 85508,  14 July 7, 1958 72 Stat. 349 All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgement has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided Transfer of Cases Pub. L. 85508,  15 July 7, 1958 72 Stat. 349 All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. Succession of Courts Pub. L. 85508,  16 July 7, 1958 72 Stat. 350 Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court. Pending Cases Pub. L. 85508,  17 July 7, 1958 72 Stat. 350 All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States. Termination of Jurisdiction of District Court for the Territory of Alaska Pub. L. 85508,  18 July 7, 1958 72 Stat. 350 The provisions of the preceding sections with respect to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act [see section 8(b) of Pub. L. 85508 section 21 of Title 48 Schedule of Fees, Mileage, or Other Compensation Pub. L. 8670,  23(c) June 25, 1959 73 Stat. 147 Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 48 U.S.C. 25 section 12(b) of the Act of July 7, 1958 72 Stat. 339 Executive Documents  Ex. Ord. No. 10867. Assumption of Functions by United States District Court for District of Alaska Ex. Ord. No. 10867, Feb. 20, 1960 WHEREAS the act of July 7, 1958 72 Stat. 339 section 21 of Title 48 WHEREAS that act further provides that its provisions relating to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of the rights of litigants in suits before such courts shall not be effective until the expiration of the above-mentioned three-year period or until such Executive order is issued; and that the tenure of the judges, the United States Attorneys, Marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function; and WHEREAS, I have appointed, by and with the advice and consent of the Senate, and commissioned the Honorable Walter N. Hodge to be United States District Judge for the District of Alaska, and he has taken his oath of office; and WHEREAS Judge Hodge has appointed an acting United States Attorney, an acting United States Marshal, and other court officers; and WHEREAS the United States District Court for the District of Alaska is now prepared to assume the functions imposed upon it: NOW, THEREFORE, by virtue of the authority vested in me by section 18 of the said act of July 7, 1958  Dwight D. Eisenhower.  82. Arizona  Arizona constitutes one judicial district. Court shall be held at Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma. ( June 25, 1948, ch. 646 62 Stat. 874 Pub. L. 11640,  1 Aug. 9, 2019 133 Stat. 1063  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  143 ( June 20, 1910, ch. 310,  31 36 Stat. 576 Oct. 3, 1913, ch. 17 38 Stat. 203 A provision for transfer of causes, civil or criminal, from one place for holding court to another was omitted. Such provision, as to civil cases, is covered by section 1404 of this title A provision for making an interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, rule 77(b). A provision requiring the clerk to keep his office at the State capital was omitted as covered by section 751 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 2019 Pub. L. 11640  83. Arkansas  Arkansas is divided into two judicial districts to be known as the Eastern and Western Districts of Arkansas. Eastern District (a) The Eastern District comprises three divisions. (1) The Central Division comprises the counties of Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Stone, Van Buren, White, and Yell. Court for the Central Division shall be held at Little Rock. (2) The Delta Division comprises the counties of Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and St. Francis. Court for the Delta Division shall be held at Helena. (3) The Northern Division comprises the counties of Clay, Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff. Court for the Northern Division shall be held at Jonesboro. Western District (b) The Western District comprises six divisions. (1) The Texarkana Division comprises the counties of Hempstead, Howard, Lafayette, Little River, Miller, Nevada, and Sevier. Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas. (2) The El Dorado Division comprises the counties of Ashley, Bradley, Calhoun, Columbia, Ouachita, and Union. Court for the El Dorado Division shall be held at El Dorado. (3) The Fort Smith Division comprises the counties of Crawford, Franklin, Johnson, Logan, Polk, Scott, and Sebastian. Court for the Fort Smith Division shall be held at Fort Smith. (4) The Harrison Division comprises the counties of Baxter, Boone, Carroll, Marion, Newton, and Searcy. Court for the Harrison Division shall be held at Harrison. (5) The Fayetteville Division comprises the counties of Benton, Madison, and Washington. Court for the Fayetteville Division shall be held at Fayetteville. (6) The Hot Springs Division comprises the counties of Clark, Garland, Hot Springs, Montgomery, and Pike. Court for the Hot Springs Division shall be held at Hot Springs. ( June 25, 1948, ch. 646 62 Stat. 874 Pub. L. 8736,  5 May 19, 1961 75 Stat. 84 Pub. L. 108455,  3 Dec. 10, 2004 118 Stat. 3628 Pub. L. 11673,  2 Nov. 26, 2019 133 Stat. 1154  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  144 ( Mar. 3, 1911, ch. 231,  71 36 Stat. 1106 Apr. 12, 1924, ch. 87,  1 43 Stat. 90 Feb. 17, 1925, ch. 252 43 Stat. 948 Apr. 16, 1926, ch. 147,  1 44 Stat. 296 Apr. 21, 1926, ch. 168 44 Stat. 304 Feb. 7, 1928, ch. 29,  1 45 Stat. 58 Apr. 17, 1940, ch. 100 54 Stat. 109 June 11, 1940, ch. 321,  1 54 Stat. 302 A provision making inoperative the terms of the last paragraph of this section, whenever court accommodations shall be provided in Federal buildings was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title Provisions relating to places for maintenance of clerks offices and requiring said offices to be kept open at all times were omitted as covered by sections 452 and 751 of this title. The provision authorizing the referee in bankruptcy for the western division of the eastern district to serve by appointment in the Hot Springs division of the western district is to be transferred to title 11, U.S.C., 1940 ed., Bankruptcy. The provision with reference to court accommodations at Fayetteville and Hot Springs was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 2019Subsec. (a). Pub. L. 11673 2004Subsec. (b)(1). Pub. L. 108455 1961Subsec. (a). Pub. L. 8736 Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment Pub. L. 11673,  3 Nov. 26, 2019 133 Stat. 1154 This Act [amending this section and enacting provisions set out as a note under section 1 of this title Nov. 26, 2019  84. California  California is divided into four judicial districts to be known as the Northern, Eastern, Central, and Southern Districts of California. Northern District (a) The Northern District comprises the counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma. Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose. Eastern District (b) The Eastern District comprises the counties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. Court for the Eastern District shall be held at Bakersfield, Fresno, Redding, and Sacramento. Central District (c) The Central District comprises 3 divisions. (1) The Eastern Division comprises the counties of Riverside and San Bernardino. Court for the Eastern Division shall be held at a suitable site in the city of Riverside, the city of San Bernardino, or not more than 5 miles from the boundary of either such city. (2) The Western Division comprises the counties of Los Angeles, San Luis Obispo, Santa Barbara, and Ventura. Court for the Western Division shall be held at Los Angeles. (3) The Southern Division comprises Orange County. Court for the Southern Division shall be held at Santa Ana. Southern District (d) The Southern District comprises the counties of Imperial and San Diego. Court for the Southern District shall be held at San Diego. ( June 25, 1948, ch. 646 62 Stat. 875 Pub. L. 89372,  3(a) Mar. 18, 1966 80 Stat. 75 Pub. L. 96462,  2 Oct. 15, 1980 94 Stat. 2053 Pub. L. 102357,  2 Aug. 26, 1992 106 Stat. 958 Pub. L. 113235, div. E, title III,  307 Dec. 16, 2014 128 Stat. 2352  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  145 and section 76 of title 16 Mar. 3, 1911, ch. 231,  72 36 Stat. 1107 May 16, 1916, ch. 122 39 Stat. 122 June 2, 1920, ch. 218,  2 41 Stat. 731 Mar. 1, 1929, ch. 421 45 Stat. 1424 A provision relating to the place for maintenance of a clerks office, and requiring such office to be kept open at all times, was omitted as covered by sections 452 and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2014Subsec. (b). Pub. L. 113235 1992Subsec. (c). Pub. L. 102357 Court for the Central District shall be held at Los Angeles and Santa Ana. 1980Subsec. (c). Pub. L. 96462 1966 Pub. L. 89372 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Pub. L. 102357,  3 Aug. 26, 1992 106 Stat. 959  (a)  In General This Act [amending this section and enacting provisions set out below] and the amendments made by this Act shall take effect 6 months after the date of the enactment of this Act [ Aug. 26, 1992 (b)  Pending Cases Not Affected This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the Central District of California on such date. (c)  Juries Not Affected This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Central Judicial District of California on the effective date of this Act. Effective Date of 1980 Amendment; Savings Provision Pub. L. 96462,  7 Oct. 15, 1980 94 Stat. 2054  (a) This Act and the amendments made by this Act [amending this section and sections 95, 105, 113, and 124 of this title and enacting provisions set out as notes under this section and sections 95, 105, and 113 of this title] shall take effect on October 1, 1981 (b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act [ Oct. 1, 1981 Effective Date of 1966 Amendment Pub. L. 89372,  3(i) Mar. 18, 1966 80 Stat. 77 The provisions of this section [amending this section and enacting provisions set out as a note under this section and section 133 of this title Mar. 18, 1966 Congressional Findings Concerning Creation of Three Divisions in Central District Pub. L. 102357,  1 Aug. 26, 1992 106 Stat. 958  The Congress makes the following findings: (1) The Federal Government has the responsibility to provide quality services which are readily accessible to the people it serves. (2) The court facilities in the Central Judicial District of California are presently inadequate, and current and projected growth exacerbates the problem. (3) The population demographics of southern California have changed dramatically over the last decade, as the center of population shifts inland. Between 1980 and 1990, the population of Riverside County increased 76.5 percent, and San Bernardino Countys population increased 58.5 percent, to a combined population of 2,600,000. (4) In the next 15 years, the population in Riverside and San Bernardino Counties is expected to increase again by 70 percent, and 67 percent, respectively. By the year 2005, Riverside and San Bernardino Counties will have 4,400,000 residents. (5) As a result of the population growth, the freeways connecting the Pacific coast and the inland areas are tremendously overburdened, and Federal offices along the coast are no longer accessible to the residents of Riverside and San Bernardino Counties. (6) The creation of 3 divisions in the Central Judicial District of California is urgently needed to provide for the delivery of judicial services to all areas and all residents of the Central Judicial District of California. Study of Judicial Business in Central District, California and Eastern District, New York and Recommendations for Creation of New Judicial Districts Pub. L. 95573,  5 Nov. 2, 1978 92 Stat. 2458 Nov. 2, 1978 Creation of Eastern and Central Districts: Transfer of District Judges; Transfer and Appointment of United States Attorneys and United States Marshals Pub. L. 89372,  3(b) Mar. 18, 1966 80 Stat. 76  (b) The two district judges for the northern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above] and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California. (c) The district judge for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], shall, on and after such date, be a district judge for the eastern district of California. The two district judges for the southern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the central district of California. (d) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the northern district of California who are in office on the effective date of this section [see Effective Date of 1966 Amendment note above], and who shall be during the remainder of their present terms of office the United States attorney and marshal for such district as constituted by this Act. (e) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the southern district of California who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the central district of California. (f) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the southern district of California. (g) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the eastern district of California.  85. Colorado  Colorado constitutes one judicial district. Court shall be held at Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling. ( June 25, 1948, ch. 646 62 Stat. 875 Pub. L. 98620, title IV,  409 Nov. 8, 1984 98 Stat. 3362 Pub. L. 108455,  5 Dec. 10, 2004 118 Stat. 3629 Pub. L. 108482, title III,  301 Dec. 23, 2004 118 Stat. 3918  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  146 ( Mar. 3, 1911, ch. 231,  73 36 Stat. 1108 June 12, 1916, ch. 143 39 Stat. 225 May 29, 1924, ch. 209 43 Stat. 243 A provision for furnishing rooms and accommodations at Sterling was omitted as obsolete upon advice from the Director of the Administrative Office of the United States Courts that Federal accommodations are now available. A provision authorizing adjournment at Denver when there is not business for terms at other places, is incorporated in section 138 of this title Provisions as to clerks and marshals deputies and maintenance of offices were deleted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2004 Pub. L. 108455 1984 Pub. L. 98620 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98620, title IV,  411 Nov. 8, 1984 98 Stat. 3362  (a) The amendments made by this subtitle [subtitle B ( 404411) of title IV of Pub. L. 98620 January 1, 1985 (b) The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle [ Jan. 1, 1985  86. Connecticut  Connecticut constitutes one judicial district. Court shall be held at Bridgeport, Hartford, New Haven, New London, and Waterbury. ( June 25, 1948, ch. 646 62 Stat. 875 Pub. L. 8736,  3(b) May 19, 1961 75 Stat. 83 Pub. L. 89558 Sept. 7, 1966 80 Stat. 705  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  147 ( Mar. 3, 1911, ch. 231,  74 36 Stat. 1108 Feb. 27, 1921, ch. 74 41 Stat. 1146 June 15, 1933, ch. 80 48 Stat. 148 Dec. 28, 1945, ch. 599 59 Stat. 663 Changes in arrangement and phraseology were made. Editorial Notes Amendments 1966 Pub. L. 89558 1961 Pub. L. 8736  87. Delaware  Delaware constitutes one judicial district. Court shall be held at Wilmington. ( June 25, 1948, ch. 646 62 Stat. 875  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  148 ( Mar. 3, 1911, ch. 231,  75 36 Stat. 1108 Minor changes in phraseology were made.  88. District of Columbia  The District of Columbia constitutes one judicial district. Court shall be held at Washington. ( June 25, 1948, ch. 646 62 Stat. 875  Historical and Revision Notes This section expressly makes the District of Columbia a judicial district of the United States. Section 41 of this title Section 11305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States. It is consonant with the ruling of the Supreme Court in ODonoghue v. United States June 7, 1934 48 Stat. 926 June 25, 1936 49 Stat. 1921 Federal Trade Commission v. Klesner * * * The parallelism between the Supreme Court of the District [of Columbia] and the Court of Appeals of the District [of Columbia], on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete. Clairborne-Annapolis Ferry Company v. United States  89. Florida  Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida. Northern District (a) The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington. Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee. Middle District (b) The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia. Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa. Southern District (c) The Southern District comprises the counties of Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie. Court for the Southern District shall be held at Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach. ( June 25, 1948, ch. 646 62 Stat. 876 July 17, 1952, ch. 929 66 Stat. 757 Pub. L. 8736,  3(f) May 19, 1961 75 Stat. 83 Pub. L. 87562,  1 July 30, 1962 76 Stat. 247 Pub. L. 91272,  10 June 2, 1970 84 Stat. 298 Pub. L. 95408,  4(a) Oct. 2, 1978 92 Stat. 884 Pub. L. 100702, title X,  1021(a) Nov. 19, 1988 102 Stat. 4672  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  149 ( Mar. 3, 1911, ch. 231,  76 36 Stat. 1108 June 15, 1933, ch. 77 48 Stat. 147 Aug. 25, 1937, ch. 763,  1 50 Stat. 800 A provision requiring rooms and accommodations to be furnished at Orlando without cost to the United States was omitted as obsolete, upon advice of the Director of the Administrative Office for the United States Courts that Federal accommodations are now available in Orlando. A provision requiring court to be open at all times was omitted as covered by section 452 of this title A provision that no deputy clerk or deputy marshal should be appointed at Fort Pierce, was omitted as incongruous with other sections of this title. See sections 541 [see 561], 542 [see 561], and 751 of this title. The provision respecting court accommodations at Fort Pierce and Panama City was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1988Subsec. (b). Pub. L. 100702,  1021(a)(1) Subsec. (c). Pub. L. 100702,  1021(a)(2) 1978Subsec. (a). Pub. L. 95408,  4(a)(1) Subsec. (b). Pub. L. 95408,  4(a)(2) 1970Subsec. (c). Pub. L. 91272 1962 Pub. L. 87562 1961Subsec. (a). Pub. L. 8736 1952Subsec. (b). Act July 17, 1952 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100702, title X,  1021(b) Nov. 19, 1988 102 Stat. 4672  (b)  Effective Date (1) The amendments made by this section [amending this section] shall take effect 90 days after the date of enactment of this title [ Nov. 19, 1988 (2) The amendments made by subsection (a) [amending this section] shall apply to any action commenced in the United States District Court for the Middle District of Florida, or in the United States District Court for the Southern District of Florida, on or after the effective date of this title [probably should be effective date of this section], and shall not affect any action pending in either such court on such effective date. (c)  Juries The amendments made by this section [amending this section] shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on the effective date of this title [probably should be effective date of this section]. Effective Date of 1978 Amendment; Savings Provision Pub. L. 95408,  5 Oct. 2, 1978 92 Stat. 885  (a) The amendments made by this Act [amending this section and sections 93, 97, 98, 104, 112, 114, and 133 of this title and enacting provisions set out as a note under section 81 of this title Oct. 2, 1978 (b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act. Effective Date of 1962 Amendment Pub. L. 87562,  5 July 30, 1962 76 Stat. 248 This Act [amending this section and section 133 of this title section 142 of this title July 30, 1962 District Judges, United States Attorneys, and United States Marshals Designations; Tenure; Appointments Pub. L. 87562,  2 July 30, 1962 76 Stat. 248  (a) The district judge appointed September 26, 1950 August 13, 1955 March 8, 1961 (b) The district judge for the Northern and Southern Districts of Florida shall hereafter be designated as the district judge for the Northern, Middle, and Southern Districts of Florida. (c) Nothing in this Act [amending this section and section 133 of this title section 142 of this title July 30, 1962 (d) Nothing in this Act [amending this section and section 133 of this title section 142 of this title July 30, 1962 (e) The President is authorized to appoint, by and with the advice and consent of the Senate, a United States Attorney and a United States Marshal for the Southern District of Florida. Elimination of District Judgeship for Northern, Middle, and Southern Districts of Florida District judgeship for northern, middle, and southern districts changed to district judgeship for middle district only, see section 2(b) of Pub. L. 89372 section 133 of this title  90. Georgia  Georgia is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Georgia. Northern District (a) The Northern District comprises four divisions. (1) The Gainesville Division comprises the counties of Banks, Barrow, Dawson, Fannin, Forsyth, Gilmer, Habersham, Hall, Jackson, Lumpkin, Pickens, Rabun, Stephens, Towns, Union, and White. Court for the Gainesville Division shall be held at Gainesville. (2) The Atlanta Division comprises the counties of Cherokee, Clayton, Cobb, De Kalb, Douglas, Fulton, Gwinnett, Henry, Newton, and Rockdale. Court for the Atlanta Division shall be held at Atlanta. (3) The Rome Division comprises the counties of Bartow, Catoosa, Chattooga, Dade, Floyd, Gordon, Murray, Paulding, Polk, Walker, and Whitfield. Court for the Rome Division shall be held at Rome. (4) The Newnan Division comprises the counties of Carroll, Coweta, Fayette, Haralson, Heard, Meriwether, Pike, Spalding, and Troup. Court for the Newnan Division shall be held at Newnan. Middle District (b) The Middle District comprises seven divisions. (1) The Athens Division comprises the counties of Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan, Oconee, Oglethorpe, and Walton. Court for the Athens Division shall be held at Athens. (2) The Macon Division comprises the counties of Baldwin, Bibb, Bleckley, Butts, Crawford, Hancock, Houston, Jasper, Jones, Lamar, Monroe, Peach, Pulaski, Putnam, Twiggs, Upson, Washington, and Wilkinson. Court for the Macon Division shall be held at Macon. (3) The Columbus Division comprises the counties of Chattahoochee, Clay, Harris, Marion, Muscogee, Quitman, Randolph, Stewart, Talbot, and Taylor. Court for the Columbus Division shall be held at Columbus. (4) The Americus Division comprises the counties of Ben Hill, Crisp, Dooly, Lee, Macon, Schley, Sumter, Terrell, Webster, and Wilcox. Court for the Americus Division shall be held at Americus. (5) The Albany Division comprises the counties of Baker, Calhoun, Dougherty, Early, Miller, Mitchell, Turner, and Worth. Court for the Albany Division shall be held at Albany. (6) The Valdosta Division comprises the counties of Berrien, Clinch, Cook, Echols, Irwin, Lanier, Lowndes, and Tift. Court for the Valdosta Division shall be held at Valdosta. (7) The Thomasville Division comprises the counties of Brooks, Colquitt, Decatur, Grady, Seminole, and Thomas. Court for the Thomasville Division shall be held at Thomasville. Southern District (c) The Southern District comprises six divisions. (1) The Augusta Division comprises the Counties of Burke, Columbia, Glascock, Jefferson, Lincoln, McDuffie, Richmond, Taliaferro, Warren, and Wilkes. Court for the Augusta Division shall be held at Augusta. (2) The Dublin Division comprises the counties of Dodge, Johnson, Laurens, Montgomery, Telfair, Treutlen, and Wheeler. Court for the Dublin Division shall be held at Dublin. (3) The Savannah Division comprises the counties of Bryan, Chatham, Effingham, and Liberty. Court for the Savannah Division shall be held at Savannah. (4) The Waycross Division comprises the counties of Atkinson, Bacon, Brantley, Charlton, Coffee, Pierce, and Ware. Court for the Waycross Division shall be held at Waycross. (5) The Brunswick Division comprises the counties of Appling, Camden, Glynn, Jeff Davis, Long, McIntosh, and Wayne. Court for the Brunswick Division shall be held at Brunswick. (6) The Statesboro Division comprises the counties of Bulloch, Candler, Emanuel, Evans, Jenkins, Screven, Tattnall, and Toombs. Court for the Statesboro Division shall be held at Statesboro. ( June 25, 1948, ch. 646 62 Stat. 876 Aug. 16, 1949, ch. 444 63 Stat. 610 Oct. 31, 1951, ch. 655,  36a 65 Stat. 723 Pub. L. 98620, title IV,  408(a) Nov. 8, 1984 98 Stat. 3362 Pub. L. 99657,  3 Nov. 14, 1986 100 Stat. 3670  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  150 ( Mar. 3, 1911, ch. 231,  77 36 Stat. 1108 May 28, 1926, ch. 414 44 Stat. 670 Aug. 22, 1935, ch. 603 49 Stat. 680 June 20, 1936, ch. 639 49 Stat. 1561 Aug. 21, 1937, ch. 728 50 Stat. 739 Mar. 6, 1942, ch. 153 56 Stat. 139 Oct. 29, 1945, ch. 435 59 Stat. 550 Provisions for furnishing rooms and accommodations at Americus and Dublin were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places. The provisions respecting court accommodations at Brunswick, Newnan, or Thomasville were omitted as covered by section 142 of this title Since the latest amendment of section 150 of title 28 Changes in arrangement and phraseology were made. Editorial Notes Amendments 1986Subsec. (c)(1). Pub. L. 99657,  3(1) Subsec. (c)(3). Pub. L. 99657,  3(2) Subsec. (c)(6). Pub. L. 99657,  3(3) 1984Subsec. (a)(1). Pub. L. 98620,  408(a) Subsec. (a)(2). Pub. L. 98620,  408(b) Subsec. (c)(6). Pub. L. 98620,  408(c) 1951Subsec. (c)(6). Act Oct. 31, 1951 1949Subsec. (c). Act Aug. 16, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99657 Nov. 14, 1986 section 4 of Pub. L. 99657 section 121 of this title Effective Date of 1984 Amendment Pub. L. 98620, title IV,  408(d) Nov. 8, 1984 98 Stat. 3362 The amendments made by this section [amending this section] shall apply to any action commenced in the United States District Court for the Northern District of Georgia on or after the effective date of this subtitle [ Jan. 1, 1985 Amendment by Pub. L. 98620 Jan. 1, 1985 section 411 of Pub. L. 98620 section 85 of this title  91. Hawaii  Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island: Provided April 6, 1939 Court shall be held at Honolulu. ( June 25, 1948, ch. 646 62 Stat. 877 May 24, 1949, ch. 139,  64a 63 Stat. 99 Pub. L. 863,  14(i) Mar. 18, 1959 73 Stat. 11 Pub. L. 86624,  19 July 12, 1960 74 Stat. 416  Historical and Revision Notes Based on sections 641 and 642a of title 48, U.S.C., 1940 ed., Territories and Insular Possessions ( Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 July 9, 1921, ch. 42,  313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Aug. 13, 1940, ch. 662 54 Stat. 784 Section consolidates parts of sections 641 and 642a of title 48, U.S.C., 1940 ed. The provisions of section 641 of title 48 Provisions of section 642a of title 48 Provisions of section 642a of title 48 section 1295 of this title Other provisions of section 641 of title 48 Changes were made in phraseology. Editorial Notes Amendments 1960 Pub. L. 86624 1959 Pub. L. 863 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1959 Amendment Pub. L. 863,  14 Mar. 18, 1959 73 Stat. 10 section 644a of Title 48 Canton and Enderbury Islands; Sovereignty of Kiribati By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983 Court of the United States; District Judges Pub. L. 863,  9(a) Mar. 18, 1959 73 Stat. 8 The United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall thence forth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however Section 9 of Pub. L. 863 Continuation of Suits Pub. L. 863,  12 Mar. 18, 1959 73 Stat. 9  No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii. Appeals Pub. L. 863,  13 Mar. 18, 1959 73 Stat. 10 Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union. Extension of Jurisdiction of United States District Court for District of Hawaii and of Civil and Criminal Laws to Midway, Wake, Johnson, Sand, etc., Islands The jurisdiction of the United States District Court for the District of Hawaii and the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States were extended to the Midway Islands, Wake, Johnson, Sand, etc., Islands by section 644a of Title 48 Executive Documents Admission of Hawaii as State Admission of Hawaii into the Union was accomplished Aug. 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  92. Idaho  Idaho, exclusive of Yellowstone National Park, constitutes one judicial district. Court shall be held at Boise, Coeur dAlene, Moscow, and Pocatello. ( June 25, 1948, ch. 646 62 Stat. 877 Pub. L. 91272,  5 June 2, 1970 84 Stat. 297  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  151 ( Mar. 3, 1911, ch. 231,  78 36 Stat. 1109 May 11, 1939, ch. 121 53 Stat. 738 All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title A provision as to the places for maintenance of the clerks offices, and requiring that they be open at all times, was omitted as covered by sections 452751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1970 Pub. L. 91272  93. Illinois  Illinois is divided into three judicial districts to be known as the Northern, Central, and Southern Districts of Illinois. Northern District (a) The Northern District comprises two divisions. (1) The Eastern Division comprises the counties of Cook, Du Page, Grundy, Kane, Kendall, Lake, La Salle, and Will. Court for the Eastern Division shall be held at Chicago and Wheaton. (2) The Western Division comprises the counties of Boone, Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, and Winnebago. Court for the Western Division shall be held at Freeport and Rockford. Central District (b) The Central District comprises the counties of Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Kankakee, Knox, Livingston, Logan, McDonough, McLean, Macoupin, Macon, Marshall, Mason, Menard, Mercer, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Putnam, Rock Island, Sangamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion, Warren, and Woodford. Court for the Central District shall be held at Champaign/Urbana, Danville, Peoria, Quincy, Rock Island, and Springfield. Southern District (c) The Southern District comprises the counties of Alexander, Bond, Calhoun, Clark, Clay, Clinton, Crawford, Cumberland, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Jersey, Johnson, Lawrence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wabash, Washington, Wayne, White, and Williamson. Court for the Southern District shall be held at Alton, Benton, Cairo, and East Saint Louis. ( June 25, 1948, ch. 646 62 Stat. 878 Aug. 10, 1950, ch. 675,  1 64 Stat. 438 Pub. L. 8736,  3(c) May 19, 1961 75 Stat. 83 Pub. L. 91272,  8 June 2, 1970 84 Stat. 297 Pub. L. 95408,  4(b)(1) Oct. 2, 1978 92 Stat. 884 Pub. L. 95573,  1 Nov. 2, 1978 92 Stat. 2458 Pub. L. 98620, title IV,  406(a) Nov. 8, 1984 98 Stat. 3361 Pub. L. 106130,  2 Dec. 6, 1999 113 Stat. 1677  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  152 ( Mar. 3, 1911, ch. 231,  79 36 Stat. 1110 Aug. 12, 1937, ch. 594 50 Stat. 624 June 6, 1940, ch. 247 54 Stat. 237 Provisions relating to appointment of deputy marshals and maintenance of offices by deputy marshals and deputy clerks were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1999Subsec. (a)(1). Pub. L. 106130 1984Subsec. (a)(1). Pub. L. 98620,  406(a)(1) Subsec. (a)(2). Pub. L. 98620,  406(a)(2) Subsec. (b). Pub. L. 98620,  406(c) 1978 Pub. L. 95408 Subsec. (a)(1). Pub. L. 95573,  1(1) Pub. L. 95408 Subsec. (b). Pub. L. 95573,  1(2) Pub. L. 95408 Subsec. (c). Pub. L. 95408 1970Subsec. (a)(2). Pub. L. 91272 1961Subsec. (b)(2). Pub. L. 8736 1950Subsec. (b)(1). Act Aug. 10, 1950 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98620, title IV,  406(b) Nov. 8, 1984 98 Stat. 3361 The amendments made by subsection (a) of this section [amending this section] shall apply to any action commenced in the United States District Court for the Northern District of Illinois on or after the effective date of this subtitle [ Jan. 1, 1985 Amendment by Pub. L. 98620 Jan. 1, 1985 section 411 of Pub. L. 98620 section 85 of this title Effective Date of 1978 Amendment Pub. L. 95573,  6 Nov. 2, 1978 92 Stat. 2458 Pub. L. 964,  2 Mar. 30, 1979 93 Stat. 7  (a) Except as provided in subsection (b) of this section, the provisions of this Act [amending this section and sections 99, 112, and 118 of this title and enacting a provision set out as a note under section 84 of this title Nov. 2, 1978 (b) (1) The provisions of section 5 of this Act [set out as a note under section 84 of this title Nov. 2, 1978 (2) The provisions of the first section of this Act [amending this section] shall take effect on March 31, 1979 (c) Nothing in this Act [amending this section and sections 99, 112, and 118 of this title and enacting provisions set out as a note under section 84 of this title Effective Date of 1978 Amendment; Savings Provision Amendment by Pub. L. 95408 Oct. 2, 1978 section 5 of Pub. L. 95408 section 89 of this title District Judges, United States Attorneys, Assistant United States Attorneys, and United States Marshals for Central and Southern Districts; Designation; Tenure; Appointment; Grand Jury Pub. L. 95408,  4(b)(2) Pub. L. 964,  1 Mar. 30, 1979 93 Stat. 6  (2) The district judge for the Eastern District of Illinois in office on the effective date of this Act [180 days after Oct. 2, 1978 (3) This section does not in any manner affect the tenure of the United States attorney, the assistant United States attorneys, or the United States marshal for the Eastern District of Illinois or for the Southern District of Illinois who are in office on the effective date of this Act [180 days after Oct. 2, 1978 (4) Notwithstanding section 3240 of title 18 Oct. 2, 1978  94. Indiana  Indiana is divided into two judicial districts to be known as the Northern and Southern Districts of Indiana. Northern District (a) The Northern District comprises three divisions. (1) The Fort Wayne Division comprises the counties of Adams, Allen, Blackford, De Kalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley. Court for the Fort Wayne Division shall be held at Fort Wayne. (2) The South Bend Division comprises the counties of Cass, Elkhart, Fulton, Kosciusko, La Porte, Marshall, Miami, Pulaski, St. Joseph, Starke, and Wabash. Court for the South Bend Division shall be held at South Bend. (3) The Hammond Division comprises the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White. Court for the Hammond Division shall be held at Hammond and Lafayette. Southern District (b) The Southern District comprises four divisions. (1) The Indianapolis Division comprises the counties of Bartholomew, Boone, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tipton, Union, and Wayne. Court for the Indianapolis Division shall be held at Indianapolis and Richmond. (2) The Terre Haute Division comprises the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo. Court for the Terre Haute Division shall be held at Terre Haute. (3) The Evansville Division comprises the counties of Davies, Dubois, Gibson, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick. Court for the Evansville Division shall be held at Evansville. (4) The New Albany Division comprises the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington. Court for the New Albany Division shall be held at New Albany. ( June 25, 1948, ch. 646 62 Stat. 878 Feb. 10, 1954, ch. 6,  2(b)(7) 68 Stat. 11 Pub. L. 91272,  9 June 2, 1970 84 Stat. 298  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  153 ( Mar. 3, 1911, ch. 231,  80 36 Stat. 1110 Apr. 21, 1928, ch. 393 45 Stat. 437 Words when the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin on the next day following, were omitted as within the discretion of the court and coverable by rule of court. A provision that terms should not be limited to any particular number of days, and that a term about to commence in another division might be adjourned until the business of the court in session was concluded, was omitted as covered by section 140 of this title A provision authorizing indictments for offenses committed in divisions other than that wherein a grand jury is sitting was omitted as covered by Federal Rules of Criminal Procedure, Rules 6, 7. Provisions as to maintenance of clerks offices were omitted as covered by sections 452 and 751 of this title. The following provisions were omitted as either executed or covered by section 501 [now 541] et seq. and section 541 [now 561] et seq. of this title, containing similar provisions as to United States attorneys and marshals: A. The senior district judge for the district of Indiana in office immediately prior to April 21, 1928 April 21, 1928 April 21, 1928 B. The President is authorized and directed to appoint, by and with the advice and consent of the Senate, a district attorney and a marshal for the United States District Court for the Northern District of Indiana. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1970Subsec. (b)(1). Pub. L. 91272 1954Subsec. (a)(3). Act Feb. 10, 1954  95. Iowa  Iowa is divided into two judicial districts to be known as the Northern and Southern Districts of Iowa. Northern District (a) The Northern District comprises four divisions. (1) The Cedar Rapids Division comprises the counties of Benton, Cedar, Grundy, Hardin, Iowa, Jones, Linn, and Tama. Court for the Cedar Rapids Division shall be held at Cedar Rapids. (2) The Eastern Division comprises the counties of Allamakee, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Floyd, Howard, Jackson, Mitchell, and Winneshiek. Court for the Eastern Division shall be held at Dubuque and Waterloo. (3) The Western Division comprises the counties of Buena Vista, Cherokee, Clay, Crawford, Dickinson, Ida, Lyon, Monona, OBrien, Osceola, Plymouth, Sac, Sioux, and Woodbury. Court for the Western Division shall be held at Sioux City. (4) The Central Division comprises the counties of Butler, Calhoun, Carroll, Cerro Gordo, Emmet, Franklin, Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahontas, Webster, Winnebago, Worth, and Wright. Court for the Central Division shall be held at Fort Dodge and Mason City. Southern District (b) The Southern District comprises six divisions. (1) The Central Division comprises the counties of Boone, Dallas, Greene, Guthrie, Jasper, Madison, Marion, Marshall, Polk, Poweshiek, Story, and Warren. Court for the Central Division shall be held at Des Moines. (2) The Eastern Division comprises the counties of Des Moines, Henry, Lee, Louisa, and Van Buren. Court for the Eastern Division shall be held at Keokuk. (3) The Western Division comprises the counties of Audubon, Cass, Fremont, Harrison, Mills, Montgomery, Page, Pottawattamie, and Shelby. Court for the Western Division shall be held at Council Bluffs. (4) The Southern Division comprises the counties of Adair, Adams, Clarke, Decatur, Lucas, Ringgold, Taylor, Union, and Wayne. Court for the Southern Division shall be held at Creston. (5) The Davenport Division comprises the counties of Clinton, Johnson, Muscatine, Scott, and Washington. Court for the Davenport Division shall be held at Davenport. (6) The Ottumwa Division comprises the counties of Appanoose, Davis, Jefferson, Keokuk, Mahaska, Monroe, and Wapello. Court for the Ottumwa Division shall be held at Ottumwa. ( June 25, 1948, ch. 646 62 Stat. 879 Pub. L. 96462,  3(a) Oct. 15, 1980 94 Stat. 2053  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  156 and 156a ( Mar. 3, 1911, ch. 231,  81 36 Stat. 1111 Mar. 3, 1913, ch. 122 37 Stat. 734 Feb. 23, 1916, ch. 32 39 Stat. 12 Apr. 27, 1916, ch. 90 39 Stat. 55 Mar. 4, 1923, ch. 256 42 Stat. 1483 Jan. 28, 1925, ch. 104 43 Stat. 794 July 5, 1937, ch. 428 50 Stat. 474 A provision relating to the maintenance of clerks office was omitted as covered by section 751 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1980Subsec. (b)(3). Pub. L. 96462,  3(a)(1) Subsec. (b)(4). Pub. L. 96462,  3(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment; Savings Provision Amendment by Pub. L. 96462 Oct. 1, 1981 Oct. 1, 1981 section 7 of Pub. L. 96462 section 84 of this title Pub. L. 96462,  3(b) Oct. 15, 1980 94 Stat. 2053 The amendments made by subsection (a) [amending this section] shall not apply to any action commenced before the effective date of such amendments [ Oct. 1, 1981 Holding Court for the Southern District of Iowa Pub. L. 107273, div. C, title I,  11029 Nov. 2, 2002 116 Stat. 1836 Pub. L. 108455,  1 Dec. 10, 2004 118 Stat. 3628  Notwithstanding any other provision of law, during the period beginning on January 1, 2003 July 1, 2006 (1) with the consent of the parties in any case filed in the Eastern Division or the Davenport Division of the Southern District of Iowa, hold court on that case in Rock Island, Illinois; and (2) summon jurors from the Southern District of Iowa to serve in any case described under paragraph (1).  96. Kansas  Kansas constitutes one judicial district. Court shall be held at Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott. ( June 25, 1948, ch. 646 62 Stat. 880 Aug. 27, 1949, ch. 516 63 Stat. 666 Pub. L. 99554, title I,  141 Oct. 27, 1986 100 Stat. 3096  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  157 ( Mar. 3, 1911, ch. 231,  82 36 Stat. 1112 Sept. 6, 1916, ch. 447 39 Stat. 725 June 7, 1924, ch. 319 43 Stat. 607 June 13, 1938, ch. 349 52 Stat. 673 Provisions as to the appointment and residence of deputy marshals and deputy clerks and maintenance of offices by them were omitted. See sections 541 [see 561], 542 [see 561], and 751 of this title. A provision making inoperative the terms of the last paragraph of this section, whenever, upon the recommendation of the Attorney General, court accommodations should be provided in Federal buildings, was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title The provision respecting court accommodations at Hutchinson was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1986 Pub. L. 99554 1949Act Aug. 27, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title  97. Kentucky  Kentucky is divided into two judicial districts to be known as the Eastern and Western Districts of Kentucky. Eastern District (a) The Eastern District comprises the counties of Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Carroll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jackson, Jessamine, Johnson, Kenton, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Mercer, Montgomery, Morgan, Nicholas, Owen, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, Shelby, Trimble, Wayne, Whitley, Wolfe, and Woodford. Court for the Eastern District shall be held at Ashland, Catlettsburg, Covington, Frankfort, Jackson, Lexington, London, Pikeville, and Richmond. Western District (b) The Western District comprises the counties of Adair, Allen, Ballard, Barren, Breckenridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Casey, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon, McCracken, McLean, Marion, Marshall, Meade, Metcalfe, Monroe, Muhlenberg, Nelson, Ohio, Oldham, Russell, Simpson, Spencer, Taylor, Todd, Trigg, Union, Warren, Washington, and Webster. Court for the Western District shall be held at Bowling Green, Louisville, Owensboro, and Paducah. ( June 25, 1948, ch. 646 62 Stat. 880 Pub. L. 95408,  2(a) Oct. 2, 1978 92 Stat. 883  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  158 ( Mar. 3, 1911, ch. 231,  83 36 Stat. 1112 Jan. 29, 1920, ch. 57 41 Stat. 400 June 22, 1936, ch. 707 49 Stat. 1822 Last paragraph of section 158 of title 28 Provisions relating to maintenance of clerks offices were omitted as covered by sections 452 and 751 of this title. Provisions for furnishing rooms and accommodations at Lexington and Pikeville were omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places. Words with the waters thereof, after the list of counties in each district, were omitted as unnecessary and inconsistent with other sections of this chapter. McCreary County of the Eastern District was formed from parts of the counties of Pulaski, Wayne, and Whitley since the latest amendment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1978Subsec. (a). Pub. L. 95408 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment; Savings Provision Amendment by Pub. L. 95408 Oct. 2, 1978 section 5 of Pub. L. 95408 section 89 of this title  98. Louisiana  Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana. Eastern District (a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington. Court for the Eastern District shall be held at New Orleans, and Houma. Middle District (b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana. Court for the Middle District shall be held at Baton Rouge. Western District (c) The Western District comprises the parishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, and Winn. Court for the Western District shall be held at Alexandria, Lafayette, Lake Charles, Monroe, Opelousas, and Shreveport. ( June 25, 1948, ch. 646 62 Stat. 881 Pub. L. 8736,  4 May 19, 1961 75 Stat. 83 Pub. L. 92208,  3(a) Dec. 18, 1971 85 Stat. 741 Pub. L. 95408,  3(a) Oct. 2, 1978 92 Stat. 883 Pub. L. 98353, title II,  203(b) July 10, 1984 98 Stat. 350  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  159 ( Mar. 3, 1911, ch. 231,  84 36 Stat. 1113 Provisions relating to the maintenance of offices by the clerks were omitted as covered by sections 452 and 751 of this title. The parishes of Allen, Beauregard, and Jefferson Davis of the Lake Charles Division of the Western District were formed out of part of Calcasieu Parish since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98353 1978Subsec. (c). Pub. L. 95408 1971 Pub. L. 92208 1961 Pub. L. 8736 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment; Savings Provision Amendment by Pub. L. 95408 Oct. 2, 1978 section 5 of Pub. L. 95408 section 89 of this title Effective Date of 1971 Amendment Pub. L. 92208,  3(f) Dec. 18, 1971 85 Stat. 742 The provisions of this section [amending this section and sections 133 and 134 of this title and enacting provisions set out below] shall become effective one hundred and twenty days after the date of enactment of this Act [ Dec. 18, 1971 District Judge, United States Attorney, and United States Marshal for Middle District; Designation; Tenure; Appointment Pub. L. 92208,  3(b) Dec. 18, 1971 85 Stat. 742  (b) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section. (c) (1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section. (2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana.  99. Maine  Maine constitutes one judicial district. Court shall be held at Bangor and Portland. ( June 25, 1948, ch. 646 62 Stat. 881 Pub. L. 95573,  2 Nov. 2, 1978 92 Stat. 2458  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  160 ( Mar. 3, 1911, ch. 231,  85 36 Stat. 1114 Dec. 22, 1911, ch. 7 37 Stat. 51 Sept. 8, 1916, ch. 475 39 Stat. 850 Mar. 4, 1923, ch. 279 42 Stat. 1506 Changes in arrangement and phraseology were made. Editorial Notes Amendments 1978 Pub. L. 95573 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95573 Nov. 2, 1978 section 6 of Pub. L. 95573 section 93 of this title  100. Maryland Maryland constitutes one judicial district comprising two divisions. (1) The Northern Division comprises the counties of Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Queen Annes, Somerset, Talbot, Washington, Wicomico, and Worcester, and the City of Baltimore. Court for the Northern Division shall be held at Baltimore, Cumberland, and Denton. (2) The Southern Division comprises the counties of Calvert, Charles, Montgomery, Prince Georges, and St. Marys. Court for the Southern Division shall be held at a suitable site in Montgomery or Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties. ( June 25, 1948, ch. 646 62 Stat. 882 Pub. L. 91546,  4 Dec. 14, 1970 84 Stat. 1412 Pub. L. 100487,  1 Oct. 14, 1988 102 Stat. 2431  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  166 ( Mar. 3, 1911, ch. 231,  86 36 Stat. 1114 Mar. 3, 1925, ch. 422 43 Stat. 1106 Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. The provisions respecting court accommodations at Denton were omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1988 Pub. L. 100702 1970 Pub. L. 91546 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100487,  2 Oct. 14, 1988 102 Stat. 2431  (a)  In General This Act and the amendments made by this Act [amending this section] shall take effect 180 days after the date of the enactment of this Act [ Oct. 14, 1988 (b)  Pending Cases Not Affected This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of Maryland on such date. (c)  Juries Not Affected This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of Maryland on the effective date of this Act.  101. Massachusetts  Massachusetts constitutes one judicial district. Court shall be held at Boston, New Bedford, Springfield, and Worcester. ( June 25, 1948, ch. 646 62 Stat. 882  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  167 ( Mar. 3, 1911, ch. 231,  87 36 Stat. 1114 May 1, 1922, ch. 173 42 Stat. 503 May 17, 1926, ch. 306 44 Stat. 559 Words and the terms at Boston shall not be terminated or affected by the terms at Springfield, New Bedford, or Worcester, were omitted as covered by section 138 of this title Provisions relating to appointment of deputy clerks and deputy marshals, and maintenance of office by said deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Provisions for furnishing rooms and accommodations at Springfield and Worcester were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that federal accommodations have been provided at such places. A provision requiring the return of all process to the terms at Boston and the keeping of all court papers in the clerks office at Boston, unless otherwise specially ordered by the court, was omitted, since such matters can be regulated more appropriately by court rule or order. See Federal Rules of Civil Procedure, Rule 4(g). The provision respecting court accommodations at New Bedford was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made.  102. Michigan  Michigan is divided into two judicial districts to be known as the Eastern and Western Districts of Michigan. Eastern District (a) The Eastern District comprises two divisions. (1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne. Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron. (2) The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola. Court for the Northern Division shall be held at Bay City. Western District (b) The Western District comprises two divisions. (1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, Lansing, and Traverse City. (2) The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. Court for the Northern Division shall be held at Marquette and Sault Sainte Marie. ( June 25, 1948, ch. 646 62 Stat. 882 Feb. 10, 1954, ch. 6 68 Stat. 11 Pub. L. 8736,  3(d) May 19, 1961 75 Stat. 83 Pub. L. 88627 Oct. 6, 1964 78 Stat. 1003 Pub. L. 91272,  11 June 2, 1970 84 Stat. 298  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  168 ( Mar. 3, 1911, ch. 231,  88 36 Stat. 1114 July 9, 1912, ch. 222 37 Stat. 190 Mar. 31, 1930, ch. 101 46 Stat. 138 Provisions of section 168 of title 28 A provision for a special or adjourned term at Bay City for the hearing of admiralty cases, beginning in February of each year, was omitted. Adequate provision is made for such terms by section 141 of this title Words and mileage on service of process in said northern division shall be computed from Bay City, at the end of the section, were omitted as covered by section 553 of this title Provisions relating to appointment and residence of deputy clerks and deputy marshals and maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1970Subsec. (b)(1). Pub. L. 91272 1964Subsec. (a). Pub. L. 88627 1961Subsec. (b)(1). Pub. L. 8736 1954Subsec. (a)(1). Act Feb. 10, 1954 Subsec. (a)(2). Act Feb. 10, 1954 Subsec. (b)(1). Act Feb. 10, 1954  103. Minnesota Minnesota constitutes one judicial district comprising six divisions. (1) The First Division comprises the counties of Dodge, Fillmore, Houston, Mower, Olmsted, Steele, Wabasha, and Winona. Court for the First Division shall be held at Winona. (2) The Second Division comprises the counties of Blue Earth, Brown, Cottonwood, Faribault, Freeborn, Jackson, Lac qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Waseca, Watonwan, and Yellow Medicine. Court for the Second Division shall be held at Mankato. (3) The Third Division comprises the counties of Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, and Washington. Court for the Third Division shall be held at Saint Paul. (4) The Fourth Division comprises the counties of Anoka, Carver, Chippewa, Hennepin, Isanti, Kandiyohi, McLeod, Meeker, Renville, Sherburne, Swift, and Wright. Court for the Fourth Division shall be held at Minneapolis. (5) The Fifth Division comprises the counties of Aitkin, Benton, Carlton, Cass, Cook, Crow Wing, Itasca, Kanabec, Koochiching, Lake, Mille Lacs, Morrison, Pine, and Saint Louis. Court for the Fifth Division shall be held at Duluth. (6) The Sixth Division comprises the counties of Becker, Beltrami, Big Stone, Clay, Clearwater, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stearns, Stevens, Todd, Traverse, Wadena, and Wilkin. Court for the Sixth Division shall be held at Fergus Falls and Bemidji. ( June 25, 1948, ch. 646 62 Stat. 882 Pub. L. 110406,  18 Oct. 13, 2008 122 Stat. 4295  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  169 ( Mar. 3, 1911, ch. 231,  89 36 Stat. 1115 Apr. 10, 1926, ch. 113 44 Stat. 238 Provisions relating to the appointment and residence of deputy clerks and the maintenance of offices by them were omitted as covered by section 751 of this title The counties of Pennington and Lake of the Woods, in the Sixth Division, were created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2008Par. (6). Pub. L. 110406  104. Mississippi  Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi. Northern District (a) The northern district comprises three divisions. (1) The Aberdeen Division comprises the counties of Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and Winston. Court for the Aberdeen Division shall be held at Aberdeen, Ackerman, and Corinth. (2) The Oxford Division comprises the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha. Court for the Oxford Division shall be held at Oxford. (3) The Greenville Division comprises the counties of Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Washington. Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville. Southern District (b) The southern district comprises four divisions. (1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo. Court for the Northern Division shall be held at Jackson. (2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone. Court for the Southern Division shall be held at Gulfport. (3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall. Court for the Eastern Division shall be held at Hattiesburg. (4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson. Court for the Western Division shall be held at Natchez. ( June 25, 1948, ch. 646 62 Stat. 883 Aug. 7, 1950, ch. 601 64 Stat. 415 Pub. L. 9092 Sept. 27, 1967 81 Stat. 229 Pub. L. 91546 Dec. 14, 1970 84 Stat. 1412 Pub. L. 95408,  2(b) Oct. 2, 1978 92 Stat. 883 Pub. L. 106130,  1 Dec. 6, 1999 113 Stat. 1677 Pub. L. 108455,  2 Dec. 10, 2004 118 Stat. 3628 Pub. L. 112188,  3 Oct. 5, 2012 126 Stat. 1433 Pub. L. 11361,  1 Dec. 20, 2013 127 Stat. 665  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  170 ( Mar. 3, 1911, ch. 231,  90 36 Stat. 1116 Feb. 5, 1912, ch. 28 37 Stat. 59 May 27, 1912, ch. 136 37 Stat. 118 Feb. 12, 1925, ch. 212 43 Stat. 882 May 19, 1936, ch. 428 49 Stat. 1362 May 8, 1939, ch. 116,  1 53 Stat. 684 Provisions relating to the maintenance of offices by the clerks and marshals were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2013Subsec. (b). Pub. L. 11361 2012Subsec. (a). Pub. L. 112188 2004Subsec. (a)(3). Pub. L. 108455 1999Subsec. (b)(3). Pub. L. 106130 Provided 1978Subsec. (a)(1). Pub. L. 95408 1970Subsec. (b)(3). Pub. L. 91546,  3 Subsec. (b)(4). Pub. L. 91546,  2 1967Subsec. (a)(1). Pub. L. 9092 1950Act Aug. 7, 1950 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 11361,  2 Dec. 20, 2013 127 Stat. 665 This Act [amending this section] and the amendment made by this Act shall take effect on the date of the enactment of this Act [ Dec. 20, 2013 Effective Date of 2012 Amendment Pub. L. 112188,  4 Oct. 5, 2012 126 Stat. 1434 The amendments made by this Act [amending this section and section 105 of this title Oct. 5, 2012 Effective Date of 1978 Amendment; Savings Provision Amendment by Pub. L. 95408 Oct. 2, 1978 section 5 of Pub. L. 95408 section 89 of this title  105. Missouri  Missouri is divided into two judicial districts to be known as the Eastern and Western Districts of Missouri. Eastern District (a) The Eastern District comprises three divisions. (1) The Eastern Division comprises the counties of Crawford, Dent, Franklin, Gasconade, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Louis, Warren, and Washington, and the city of Saint Louis. Court for the Eastern Division shall be held at Saint Louis. (2) The Northern Division comprises the counties of Adair, Audrain, Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, and Shelby. Court for the Northern Division shall be held at Hannibal. (3) The Southeastern Division comprises the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Iron, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Saint Genevieve, Scott, Shannon, Stoddard, and Wayne. Court for the Southeastern Division shall be held at Cape Girardeau. Western District (b) The Western District comprises five divisions. (1) The Western Division comprises the counties of Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Ray, Saint Clair, and Saline. Court for the Western Division shall be held at Kansas City. (2) The Southwestern Division comprises the counties of Barton, Barry, Jasper, Lawrence, McDonald, Newton, Stone, and Vernon. Court for the Southwestern Division shall be held at Joplin. (3) The Saint Joseph Division comprises the counties of Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth. Court for the Saint Joseph Division shall be held at Saint Joseph. (4) The Central Division comprises the counties of Benton, Boone, Callaway, Camden, Cole, Cooper, Hickory, Howard, Miller, Moniteau, Morgan, Osage, and Pettis. Court for the Central Division shall be held at Jefferson City. (5) The Southern Division comprises the counties of Cedar, Christian, Dade, Dallas, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright. Court for the Southern Division shall be held at Springfield. ( June 25, 1948, ch. 646 62 Stat. 884 Pub. L. 87461 May 31, 1962 76 Stat. 85 Pub. L. 96462,  4(a) Oct. 15, 1980 94 Stat. 2053 Pub. L. 112188,  2 Oct. 5, 2012 126 Stat. 1433  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  171 ( Mar. 3, 1911, ch. 231,  91 36 Stat. 1117 Dec. 22, 1911, ch. 8 37 Stat. 51 Provisions for furnishing rooms and accommodations at Chillicothe were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such place. Rolla was omitted as a place for holding court in the Eastern Division of the Eastern District, and the provision for furnishing quarters there without cost to the United States was also omitted on advice from the clerk of court that no term of court has been held there since 1920. All cases arising in Phelps county in which Rolla is situated are heard at St. Louis. Provisions relating to the maintenance of offices by the clerks and marshals or their deputies were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2012Subsec. (a)(1). Pub. L. 112188,  2(1) Subsec. (a)(3). Pub. L. 112188,  2(2) 1980Subsec. (a)(1). Pub. L. 96462,  4(a)(1) Subsec. (a)(2). Pub. L. 96462,  4(a)(2) 1962Subsec. (b). Pub. L. 87461 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112188 Oct. 5, 2012 section 4 of Pub. L. 112188 section 104 of this title Effective Date of 1980 Amendment; Savings Provision Amendment by Pub. L. 96462 Oct. 1, 1981 Oct. 1, 1981 section 7 of Pub. L. 96462 section 84 of this title Pub. L. 96462,  4(b) Oct. 15, 1980 94 Stat. 2053 The amendments made by subsection (a) [amending this section] shall not apply to any action commenced before the effective date of such amendments [ Oct. 1, 1981  106. Montana  Montana, exclusive of Yellowstone National Park, constitutes one judicial district. Court shall be held at Billings, Butte, Glasgow, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, and Missoula. ( June 25, 1948, ch. 646 62 Stat. 884  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  172 ( Mar. 3, 1911, ch. 231,  92 36 Stat. 1118 July 3, 1926, ch. 748 44 Stat. 825 July 5, 1937, ch. 430 50 Stat. 474 Aug. 26, 1937, ch. 819,  2 50 Stat. 837 Aug. 7, 1939, ch. 506 53 Stat. 1236 All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title A provision for furnishing rooms and accommodations at Havre was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there. A provision for transfer of causes, civil or criminal, from one place of holding court to another was omitted. Such provision, as to civil cases, is covered by section 1404 of this title A provision for the making of any interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, Rule 77(b). The provisions respecting court accommodations at Kalispell, Lewistown, and Livingston were omitted as covered by section 142 of this title Changes were made in arrangement and phraseology.  107. Nebraska  Nebraska constitutes one judicial district. Court shall be held at Lincoln, North Platte, and Omaha. ( June 25, 1948, ch. 646 62 Stat. 884 Aug. 9, 1955, ch. 627,  1 69 Stat. 546  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  173 ( Mar. 3, 1911, ch. 231,  93 36 Stat. 1118 Provisions for furnishing rooms and accommodations at the various places for holding court were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. A provision relating to the appointment and residence of deputy clerks and the places for keeping offices was omitted as covered by section 751 of this title The county of Arthur in the North Platte Division was created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1955Act Aug. 9, 1955 Statutory Notes and Related Subsidiaries Effective Date of 1955 Amendment Act Aug. 9, 1955, ch. 627,  2 69 Stat. 546 The amendment made by the first section of this Act [amending this section] shall take effect on September 1, 1955  108. Nevada  Nevada constitutes one judicial district. Court shall be held at Carson City, Elko, Las Vegas, Reno, Ely, and Lovelock. ( June 25, 1948, ch. 646 62 Stat. 885 Pub. L. 101650, title III,  324(a)(1) Dec. 1, 1990 104 Stat. 5120  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  174 ( Mar. 3, 1911, ch. 231,  94 36 Stat. 1118 June 24, 1930, ch. 595 46 Stat. 806 Nov. 15, 1945, ch. 482 59 Stat. 582 Changes in arrangement and phraseology were made. Editorial Notes Amendments 1990 Pub. L. 101650  109. New Hampshire  New Hampshire constitutes one judicial district. Court shall be held at Concord and Littleton. ( June 25, 1948, ch. 646 62 Stat. 885  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  175 ( Mar. 3, 1911, ch. 231,  95 36 Stat. 1119 Aug. 23, 1912, ch. 344 37 Stat. 357 Feb. 20, 1926, ch. 23 44 Stat. 8 Changes in arrangement and phraseology were made.  110. New Jersey  New Jersey constitutes one judicial district. Court shall be held at Camden, Newark and Trenton. ( June 25, 1948, ch. 646 62 Stat. 885  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  176 ( Mar. 3, 1911, ch. 231,  96 36 Stat. 1119 Aug. 9, 1912, ch. 277 37 Stat. 265 Feb. 14, 1913, ch. 53 37 Stat. 674 May 17, 1926, ch. 311 44 Stat. 561 Provisions relating to maintenance of offices by the clerk and marshal were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made.  111. New Mexico  New Mexico constitutes one judicial district. Court shall be held at Albuquerque, Las Cruces, Las Vegas, Roswell, Santa Fe, and Silver City. ( June 25, 1948, ch. 646 62 Stat. 885  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  177 ( June 20, 1910, ch. 310,  13 36 Stat. 565 Mar. 4, 1921, ch. 149 41 Stat. 1361 June 7, 1924, ch. 332 43 Stat. 642 The reference to Raton as a place of holding court was omitted on advice of the clerk that court is no longer held there. Provisions for furnishing rooms and accommodations at Las Vegas were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available. Provision for adjournment or continuance in case of insufficient business by orders made anywhere in the district was omitted as covered by section 138 of this title Provisions for transfer of causes, civil or criminal, from one place of holding court to another were omitted. Such provisions, as to civil cases, are covered by section 1404 of this title Provisions for appointment of deputy clerks and deputy marshals and maintenance of offices at various cities were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. The provision respecting court accommodations at Silver City was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made.  112. New York  New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York. Northern District (a) The Northern District comprises the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington. Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Plattsburgh, 1 1 1 Southern District (b) The Southern District comprises the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester and concurrently with the Eastern District, the waters within the Eastern District. Court for the Southern District shall be held at New York, White Plains, and in the Middletown-Wallkill area of Orange County or such nearby location as may be deemed appropriate. Eastern District (c) The Eastern District comprises the counties of Kings, Nassau, Queens, Richmond, and Suffolk and concurrently with the Southern District, the waters within the counties of Bronx and New York. Court for the Eastern District shall be held at Brooklyn, Hauppauge, Hempstead (including the village of Uniondale), and Central Islip. Western District (d) The Western District comprises the counties of Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates. Court for the Western District shall be held at Buffalo, Canandaigua, Elmira, Jamestown, and Rochester. ( June 25, 1948, ch. 646 62 Stat. 885 Pub. L. 90217 Dec. 18, 1967 81 Stat. 662 Pub. L. 91546,  1 Dec. 14, 1970 84 Stat. 1412 Pub. L. 95271,  1 Apr. 28, 1978 92 Stat. 221 Pub. L. 95408,  4(c) Oct. 2, 1978 92 Stat. 885 Pub. L. 95573,  3 Nov. 2, 1978 92 Stat. 2458 Pub. L. 98620, title IV,  405 Nov. 8, 1984 98 Stat. 3361 Pub. L. 101650, title III,  324(a)(2) Dec. 1, 1990 104 Stat. 5120 Pub. L. 104317, title VI,  609 Oct. 19, 1996 110 Stat. 3860 Pub. L. 106113, div. B,  1000(a)(1) [title III,  306] Nov. 29, 1999 113 Stat. 1535 Pub. L. 108455,  4 Dec. 10, 2004 118 Stat. 3628 Pub. L. 108482, title III,  302 Dec. 23, 2004 118 Stat. 3918  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  178 and 178a ( Mar. 3, 1911, ch. 231,  97 36 Stat. 1119 Jan. 21, 1920, ch. 50 41 Stat. 394 July 1, 1922, ch. 260 42 Stat. 812 Aug. 12, 1937, ch. 591 50 Stat. 623 A reference in section 178 of title 28 section 178a of title 28 References to seizures made, matters done and processes or orders issued respecting waters within the concurrent jurisdiction of the southern and eastern districts, were omitted as unnecessary and covered by the revised language. Provision for 20 days notice of the special term authorized in the discretion of the court in the counties of Clinton, Jefferson, Onondaga, Oswego, Rensselaer, St. Lawrence, Saratoga, and Schenectady was omitted as unnecessary, in view of section 141 of this title The special provision permitting any district judge in New York to act as judge in any other district in that State upon request of the resident district judge was omitted, thus making applicable the uniform procedure for designation and assignment of district judges throughout the United States, provided by section 292 of this title Words with the waters thereof after the list of counties in each district were omitted as unnecessary and inconsistent with other sections of this chapter. The provisions with reference to the return of process in admiralty cases, the designation of judges and their powers, and the holding of sessions for the hearing of motions and for proceedings in bankruptcy and admiralty, were omitted as unnecessary and more properly the subject of rule of court. The provisions of sections 178 and 178a of title 28, U.S.C., 1940 ed., respecting court accommodations at Malone and in the counties of Schenectady, Rensselaer, Saratoga, Onondaga, St. Lawrence, Clinton, Jefferson, Oswego, and Franklin, were omitted as covered by section 142 of this title The county of Bronx, in the southern district, was formed out of a part of New York County in 1912. Lockport was omitted as a place of holding court in the Western District. Court has not been held there for 32 years. Changes were made in arrangement and phraseology. Editorial Notes Amendments 2004Subsec. (a). Pub. L. 108482 Pub. L. 108455 1999Subsec. (c). Pub. L. 106113 1996Subsec. (b). Pub. L. 104317 1990Subsec. (a). Pub. L. 101650 1984Subsec. (c). Pub. L. 98620 1978Subsec. (a). Pub. L. 95408,  4(c)(1) Subsec. (b). Pub. L. 95573 Pub. L. 95408,  4(c)(2) Subsec. (c). Pub. L. 95271 1970Subsec. (c). Pub. L. 91546 1967Subsec. (c). Pub. L. 90217 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Jan. 1, 1985 section 411 of Pub. L. 98620 section 85 of this title Effective Date of 1978 Amendment; Savings Provision Amendment by Pub. L. 95408 Oct. 2, 1978 section 5 of Pub. L. 95408 section 89 of this title Pretermission of Regular Session of Court at Hempstead and Holding of Special Session at Westbury; Procedures Applicable, Appropriations, Etc. Pub. L. 95271 Apr. 28, 1978 92 Stat. 221  Sec. 2. The United States District Court for the Eastern District of New York, by order made anywhere within its district, may pretermit the regular session of court at Hempstead until Federal quarters and accommodations are available and ready for occupancy, except that for the entire period and such pretermission, a special session of the court shall be held at Westbury. Pretermission may be ordered without regard to the provisions of section 140(a) of title 28 Sec. 3. Notwithstanding the provisions of section 142 of title 28 40 U.S.C. 490 40 U.S.C. 586 Sec. 4. Notwithstanding the provisions of section 456 of title 28 Apr. 28, 1978 Sec. 5. The Director of the Administrative Office of the United States Courts may pay travel and transportation expenses in accordance with subchapter II, chapter 57 of title 5, United States Code, to any officer or employee of the judicial branch whose official station changes as a consequence of this Act [enacting this provision and amending subsec. (c) of this section] and who relocates his residence incident to such change of official station.  113. North Carolina  North Carolina is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of North Carolina. Eastern District (a) The Eastern District comprises the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance, Wake, Warren, Washington, Wayne, Wilson, those portions of Hoke, Moore, Scotland, and Richmond counties encompassing the Fort Bragg Military Reservation and Camp Mackall, and that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina. Court for the Eastern District shall be held at Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson. Middle District (b) Middle District Court for the Middle District shall be held at Durham, Greensboro, and Winston-Salem. Western District (c) The Western District comprises the counties of Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes, and Yancey. Court for the Western District shall be held at Asheville, Bryson City, Charlotte, Shelby, and Statesville. ( June 25, 1948, ch. 646 62 Stat. 886 Pub. L. 89319 Nov. 2, 1965 79 Stat. 1186 Pub. L. 96462,  5(a) Oct. 15, 1980 94 Stat. 2053 Pub. L. 102272 Apr. 21, 1992 106 Stat. 112 Pub. L. 11726,  1(a) July 6, 2021 135 Stat. 299  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  179 ( Mar. 3, 1911, ch. 231,  98 36 Stat. 1120 Oct. 7, 1914, ch. 318 38 Stat. 728 Mar. 17, 1920, ch. 101,  1 41 Stat. 531 June 7, 1924, ch. 359,  1 43 Stat. 661 Dec. 24, 1924, ch. 18 43 Stat. 721 June 12, 1926, ch. 566 44 Stat. 734 June 22, 1926, ch. 645 44 Stat. 758 June 22, 1926, ch. 646 44 Stat. 758 Mar. 2, 1927, ch. 276 44 Stat. 1339 Apr. 25, 1928, ch. 432 45 Stat. 457 May 10, 1928, ch. 516 45 Stat. 495 Feb. 20, 1933, ch. 107 47 Stat. 859 Feb. 28, 1933, ch. 133 47 Stat. 1350 June 28, 1935, ch. 330 49 Stat. 429 June 24, 1936, ch. 744 49 Stat. 1898 June 24, 1936, ch. 759 49 Stat. 1910 Aug. 17, 1937, ch. 688 50 Stat. 671 References to civil and criminal terms at Raleigh were omitted as more properly the subject of rule of court. The following language at the end of section 179 of title 28 The first sentence is superfluous in view of other sections of this title governing the appointment and compensation of the judges, clerks and marshals of the district courts and of district attorneys. The last sentence is obsolete, having been enacted in 1927, and being limited to cases affected by the creation of the middle district. Provisions for maintenance of offices by the clerks at certain cities were omitted. (See Revisers Note under sections 452 and 751 of this title.) Provisions for furnishing rooms and accommodations at Durham, Rockingham, and Winston-Salem were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such places. The provisions respecting court accommodations at Bryson City and Shelby were omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 2021Subsec. (a). Pub. L. 11726,  1(a)(1) Subsec. (b). Pub. L. 11726,  1(a)(2) 1992Subsec. (a). Pub. L. 102272 1980Subsec. (a). Pub. L. 96462,  5(a) Subsec. (b). Pub. L. 96462,  5(b) Subsec. (c). Pub. L. 96462,  5(c) 1965 Pub. L. 89319 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 11726,  1(b) July 6, 2021 135 Stat. 299 July 6, 2021 Effective Date of 1980 Amendment; Savings Provisions Amendment by Pub. L. 96462 Oct. 1, 1981 Oct. 1, 1981 section 7 of Pub. L. 96462 section 84 of this title Pub. L. 96462,  5(d) Oct. 15, 1980 94 Stat. 2054 The amendments made by this section [amending this section] shall not apply to any action commenced before the effective date of such amendments [ Oct. 1, 1981  114. North Dakota  North Dakota constitutes one judicial district. Court shall be held at Bismarck, Fargo, Grand Forks, and Minot. (Added Pub. L. 111174,  3 May 27, 2010 124 Stat. 1216  Editorial Notes Prior Provisions A prior section 114, act June 25, 1948, ch. 646 62 Stat. 886 Pub. L. 95408,  3(b) Oct. 2, 1978 92 Stat. 883 Pub. L. 111174,  3 May 27, 2010 124 Stat. 1216  115. Ohio  Ohio is divided into two judicial districts to be known as the Northern and Southern Districts of Ohio. Northern District (a) The Northern District comprises two divisions. (1) The Eastern Division comprises the counties of Ashland, Ashtabula, Carroll, Columbiana, Crawford, Cuyahoga, Geauga, Holmes, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne. Court for the Eastern Division shall be held at Cleveland, Youngstown, and Akron. (2) The Western Division comprises the counties of Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Woods, and Wyandot. Court for the Western Division shall be held at Lima and Toledo. Southern District (b) The Southern District comprises two divisions. (1) The Western Division comprises the counties of Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, Shelby, and Warren. Court for the Western Division shall be held at Cincinnati and Dayton. (2) The Eastern Division comprises the counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington. Court for the Eastern Division shall be held at Columbus 1 1 ( June 25, 1948, ch. 646 62 Stat. 887 Feb. 10, 1954, ch. 6,  2(b)(9) 68 Stat. 11 Pub. L. 107273, div. C, title I,  11021 Nov. 2, 2002 116 Stat. 1829  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  181 ( Mar. 3, 1911, ch. 231,  100 36 Stat. 1121 Mar. 4, 1915, ch. 159 38 Stat. 1187 Feb. 14, 1923, ch. 78 42 Stat. 1246 Other provisions of said section 181 of title 28 section 1865 of this title Provisions relating to the place of institution or trial of prosecutions and civil actions and transfer thereof were omitted. Such provisions, as to civil cases, are covered by section 1391 et seq. of this title, and as to criminal cases, are rendered unnecessary because of inherent power of the court and Rules 1820 of the Federal Rules of Criminal Procedure relating to venue. The provision respecting court accommodations at Lima was omitted as covered by section 142 of this title Changes were made in arrangement and phraseology. Editorial Notes Amendments 2002Subsec. (b)(2). Pub. L. 107273 1954Subsec. (a)(1). Act Feb. 10, 1954  116. Oklahoma  Oklahoma is divided into three judicial districts to be known as the Northern, Eastern, and Western Districts of Oklahoma. Northern District (a) The Northern District comprises the counties of Craig, Creek, Delaware, Mayes, Nowata, Osage, Ottawa, Pawnee, Rogers, Tulsa, and Washington. Court for the Northern District shall be held at Bartlesville, Miami, Pawhuska, Tulsa, and Vinita. Eastern District (b) The Eastern District comprises the counties of Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore Love, McCurtain, McIntosh, Marshall, Murray, Muskogee, Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pushmataha, Seminole, Sequoyah, and Wagoner. Court for the Eastern District shall be held at Ada, Ardmore, Durant, Hugo, Muskogee, Okmulgee, Poteau, and S. McAlester. Western District (c) The Western District comprises the counties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Lincoln, Logan, McClain, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills, Stephens, Texas, Tillman, Washita, Woods, and Woodward. Court for the Western District shall be held at Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward. ( June 25, 1948, ch. 646 62 Stat. 887 Pub. L. 89526,  1 Aug. 4, 1966 80 Stat. 335  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  182, 182a ( Mar. 3, 1911, ch. 231,  101 36 Stat. 1122 Feb. 20, 1917, ch. 102 39 Stat. 927 June 13, 1918, ch. 98 40 Stat. 604 Feb. 26, 1919, ch. 54 40 Stat. 1184 June 5, 1924, ch. 259 43 Stat. 387 Jan. 10, 1925 43 Stat. 730 Feb. 16, 1925, ch. 233,  1 43 Stat. 945 May 7, 1926, ch. 255 44 Stat. 408 Apr. 21, 1928, ch. 395 45 Stat. 440 Mar. 2, 1929, ch. 539 45 Stat. 1518 June 28, 1930, ch. 714 46 Stat. 829 May 13, 1936, ch. 386 49 Stat. 1271 Aug. 12, 1937, ch. 595 50 Stat. 625 Provisions for furnishing rooms and accommodations at Ada, Bartlesville, Mangum, Miami, Okmulgee, and Ponca City were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. A provision making inoperative the requirement for furnishing court accommodations without cost to the United States whenever the same shall be provided in federal buildings at Shawnee, was omitted as unnecessary. When such buildings become available the Director will, under section 604 of this title A provision for adjournment of any term by an order made in chambers, is incorporated in section 140 of this title Provisions relating to maintenance of offices by the clerks were omitted as covered by section 751 of this title The provisions respecting court accommodations at Durant, Hugo, Poteau, Pauls Valley, Pawhuska, and Shawnee were omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1966 Pub. L. 89526 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Pub. L. 89526,  2 Aug. 4, 1966 80 Stat. 335 The amendments made by this Act [amending this section] shall take effect on the sixtieth day after the date of enactment of this Act [ Aug. 4, 1966  117. Oregon  Oregon constitutes one judicial district. Court shall be held at Coquille, Eugene or Springfield, Klamath Falls, Medford, Pendleton, and Portland. ( June 25, 1948, ch. 646 62 Stat. 888 Aug. 3, 1950, ch. 514 64 Stat. 393 Pub. L. 91272,  7 June 2, 1970 84 Stat. 297 Pub. L. 106518, title V,  502 Nov. 13, 2000 114 Stat. 2422  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  183 ( Mar. 3, 1911, ch. 231,  102 36 Stat. 1122 Nov. 6, 1945, ch. 447 59 Stat. 555 Provisions relating to appointment and residence of deputies by the clerk and marshal, and maintenance of offices by said officers, were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2000 Pub. L. 106518 1970 Pub. L. 91272 1950Act Aug. 3, 1950  118. Pennsylvania  Pennsylvania is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Pennsylvania. Eastern District (a) The Eastern District comprises the counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia. Court for the Eastern District shall be held at Allentown, Easton, Lancaster, Reading, and Philadelphia. Middle District (b) The Middle District comprises the counties of Adams, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York. Court for the Middle District shall be held at Harrisburg, Lewisburg, Scranton, Wilkes-Barre, and Williamsport. Western District (c) The Western District comprises the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland. Court for the Western District shall be held at Erie, Johnstown, and Pittsburgh. ( June 25, 1948, ch. 646 62 Stat. 888 Pub. L. 91272,  6 June 2, 1970 84 Stat. 297 Pub. L. 95573,  4 Nov. 2, 1978 92 Stat. 2458 Pub. L. 102396, title IX,  9161 Oct. 6, 1992 106 Stat. 1947 Pub. L. 105277, div. A,  101(b) [title VI,  624(a)] Oct. 21, 1998 112 Stat. 268150  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  184 ( Mar. 3, 1911, ch. 231,  103 36 Stat. 1123 Mar. 3, 1913, ch. 113 37 Stat. 730 June 6, 1914, ch. 104 38 Stat. 385 Sept. 9, 1914, ch. 296 38 Stat. 713 Apr. 26, 1926, ch. 185 44 Stat. 324 June 27, 1930, ch. 634 46 Stat. 820 Aug. 3, 1935, ch. 433 49 Stat. 514 May 13, 1936, ch. 385 49 Stat. 1271 June 13, 1938, ch. 351 52 Stat. 674 Mar. 5, 1942, ch. 143 56 Stat. 132 Provisions relating to maintenance of offices at certain places by the clerks and marshals were omitted as covered by sections 541 [see 561] and 751 of this title. Provisions for the continuance of terms were omitted as covered by section 139 of this title Provisions with respect to the return of process, and the places of keeping court papers, were omitted as matters for determination by rule of court or for the action of the judicial council in cooperation with the Administrative Office of the United States Courts. The provisions for trial of cases at Lewisburg and Erie unless counsel consent to trial elsewhere were omitted as inconsistent with the uniform practice provided by this title. Changes were made in phraseology and arrangement. Senate Revision Amendment By Senate amendment to the bill, Blair County was transferred from the Middle District to the Western District of Pennsylvania. This was in conformity with Act July 11, 1947, ch. 224 61 Stat. 310 section 184 of title 28 Editorial Notes Amendments 1998Subsec. (a). Pub. L. 105277,  101(b) [title VI,  624(a)(1)] Subsec. (b). Pub. L. 105277,  101(b) [title VI,  624(a)(2)] 1992Subsec. (a). Pub. L. 102396 1978Subsec. (c). Pub. L. 95573 1970Subsec. (a). Pub. L. 91272 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Pub. L. 105277, div. A,  101(b) [title VI,  624(b)] Oct. 21, 1998 112 Stat. 268150  (1) This section [amending this section] and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act [ Oct. 21, 1998 (2) This section and the amendments made by this section shall not affect any action commenced before the effective date of this section and pending on such date in the United States District Court for the Eastern District of Pennsylvania. (3) This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this section.  119. Puerto Rico  Puerto Rico constitutes one judicial district. Court shall be held at Mayaguez, Ponce, and San Juan. ( June 25, 1948, ch. 646 62 Stat. 889  Historical and Revision Notes Based on sections 863 and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions ( Apr. 12, 1900, ch. 191 31 Stat. 84 Jan. 7, 1913, ch. 6 37 Stat. 648 Mar. 2, 1917, ch. 145 39 Stat. 965 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 Feb. 13, 1925, ch. 229 43 Stat. 936 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 May 17, 1932, ch. 190 47 Stat. 158 Mar. 26, 1938, ch. 51,  2 52 Stat. 118 Section consolidates parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation. The provision of sections 863 of title 48, U.S.C., 1940 ed., for appointment of a district judge is incorporated in section 133 of this title section 134 of this title section 135 of this title The provisions of section 863 of title 48 The provisions of section 863 of title 48 The provision of section 864 of title 48 The provision of section 864 of title 48 section 41 of this title The provision of section 864 of title 48 section 1295 of this title Other provisions of sections 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48.  120. Rhode Island  Rhode Island constitutes one judicial district. Court shall be held at Providence. ( June 25, 1948, ch. 646 62 Stat. 889  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  185 ( Mar. 3, 1911, ch. 231,  104 36 Stat. 1123 Feb. 1, 1912, ch. 27 37 Stat. 59 Changes in phraseology were made.  121. South Carolina South Carolina constitutes one judicial district comprising eleven divisions. (1) The Charleston Division comprises the counties of Berkeley, Charleston, Clarendon, Colleton, Dorchester, and Georgetown. Court for the Charleston Division shall be held at Charleston. (2) The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter. Court for the Columbia Division shall be held at Columbia. (3) The Florence Division comprises the counties of Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg. Court for the Florence Division shall be held at Florence. (4) The Aiken Division comprises the counties of Aiken, Allendale, and Barnwell. Court for the Aiken Division shall be held at Aiken. (5) The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg. Court for the Orangeburg Division shall be held at Orangeburg. (6) The Greenville Division comprises the counties of Greenville and Laurens. Court for the Greenville Division shall be held at Greenville. (7) The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York. Court for the Rock Hill Division shall be held at Rock Hill. (8) The Greenwood Division comprises the counties of Abbeville, Edgefield, Greenwood, McCormick, Newberry, and Saluda. Court for the Greenwood Division shall be held at Greenwood. (9) The Anderson Division comprises the counties of Anderson, Oconee, and Pickens. Court for the Anderson Division shall be held at Anderson. (10) The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union. Court for the Spartanburg Division shall be held at Spartanburg. (11) The Beaufort Division comprises the counties of Beaufort, Hampton, and Jasper. Court for the Beaufort Division shall be held at Beaufort. ( June 25, 1948, ch. 646 62 Stat. 889 Pub. L. 89242,  1(a) Oct. 7, 1965 79 Stat. 951 Pub. L. 99657,  2 Nov. 14, 1986 100 Stat. 3670 Pub. L. 102140, title III,  304 Oct. 28, 1991 105 Stat. 810  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  186 ( Mar. 3, 1911, ch. 231,  105 36 Stat. 1123 Feb. 5, 1912, ch. 28 37 Stat. 60 Mar. 3, 1915, ch. 100,  5 38 Stat. 961 Sept. 1, 1916, ch. 434 39 Stat. 721 Mar. 4, 1923, ch. 261 42 Stat. 1486 Jan. 30, 1925, ch. 118 43 Stat. 800 June 26, 1926, ch. 696 44 Stat. 773 June 20, 1936, ch. 637 49 Stat. 1558 June 12, 1940, ch. 335 54 Stat. 344 June 28, 1943, ch. 173 57 Stat. 244 Dec. 13, 1944, ch. 556 58 Stat. 801 The last sentence of section 186 of title 28 A provision relating to the places of the clerks offices was omitted as covered by section 751 of this title The provision respecting court accommodations at Orangeburg was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1991Par. (4). Pub. L. 102140,  304(1) Par. (11). Pub. L. 102140,  304(2) 1986 Pub. L. 99657,  2(1) Par. (1). Pub. L. 99657,  2(2) Par. (11). Pub. L. 99657,  2(3) 1965 Pub. L. 89242 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99657,  4 Nov. 14, 1986 100 Stat. 3670  (a)  Effective Date (1) The amendments made by sections 2 and 3 [amending this section and section 90 of this title Nov. 14, 1986 (2) The amendment made by section 4 [enacting this note] takes effect on the date of the enactment of this Act. (b)  Pending Actions The amendments made by this Act [amending this section and section 90 of this title (c)  Juries The amendments made by this Act [amending this section and section 90 of this title Effective Date of 1965 Amendment Pub. L. 89242,  6 Oct. 7, 1965 79 Stat. 953 The provisions of this Act [amending this section and section 133 of this title Oct. 7, 1965 Consolidation of South Carolina Into a Single Judicial District Pub. L. 89242 Oct. 7, 1965 79 Stat. 952 section 132 of this title Nov. 1, 1965  122. South Dakota South Dakota constitutes one judicial district comprising four divisions. (1) The Northern Division comprises the counties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmonds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, and Walworth. Court for the Northern Division shall be held at Aberdeen. (2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton. Court for the Southern Division shall be held at Sioux Falls. (3) The central division comprises the counties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach. Court for the Central Division shall be held at Pierre. (4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington, Perkins, and Shannon. Court for the Western Division shall be held at Deadwood and Rapid City. ( June 25, 1948, ch. 646 62 Stat. 889 Pub. L. 89638 Oct. 10, 1966 80 Stat. 883 Pub. L. 92376 Aug. 10, 1972 86 Stat. 529 Pub. L. 101650, title III,  324(b) Dec. 1, 1990 104 Stat. 5120  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  187 ( Mar. 3, 1911, ch. 231,  106 36 Stat. 1123 June 11, 1932, ch. 242 47 Stat. 300 A provision relating to maintenance of offices by the clerk was omitted as covered by sections 452 and 751 of this title. Provisions that the Northern Division included Lake Traverse Indian Reservation and that part of Standing Rock Indian Reservation lying in South Dakota; that the Southern Division included the Yorkton Indian Reservation; that the Central Division included the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations; and that the Western Division included Rosebud and Pine Ridge Indian Reservations, were all omitted as surplusage. (See Revisers Note under section 114 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1990Par. (3). Pub. L. 101650,  324(b)(1) Par. (4). Pub. L. 101650,  324(b)(2) 1972Par. (2). Pub. L. 92376,  1(a) Par. (3). Pub. L. 92376,  1(b) Par. (4). Pub. L. 92376,  1(c) 1966 Pub. L. 89638  123. Tennessee  Tennessee is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Tennessee. Eastern District (a) The Eastern District comprises four divisions. (1) The Northern Division comprises the counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union. Court for the Northern Division shall be held at Knoxville. (2) The Northeastern Division comprises the counties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington. Court for the Northeastern Division shall be held at Greenville. (3) The Southern Division comprises the counties of Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie. Court for the Southern Division shall be held at Chattanooga. (4) The Winchester Division comprises the counties of Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren, and Warren. Court for the Winchester Division shall be held at Winchester. Middle District (b) The Middle District comprises three divisions. (1) The Nashville Division comprises the counties of Cannon, Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson. Court for the Nashville Division shall be held at Nashville. (2) The Northeastern Division comprises the counties of Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, and White. Court for the Northeastern Division shall be held at Cookeville. (3) The Columbia Division comprises the counties of Giles, Hickman, Lawrence, Lewis, Marshall, Maury, and Wayne. Court for the Columbia Division shall be held at Columbia. Western District (c) The Western District comprises two divisions. (1) The Eastern Division comprises the counties of Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley. The Eastern Division also includes the waters of Tennessee River to low-water mark on the eastern shore wherever such river forms the boundary between the western and middle districts from the north line of Alabama north to the point in Henry County, Tennessee, where the south boundary of Kentucky strikes the east bank of the river. Court for the Eastern Division shall be held at Jackson and Dyersburg. (2) The Western Division comprises the counties of Fayette, Lauderdale, Shelby, and Tipton. Court for the Western Division shall be held at Memphis. The district judge for the Eastern District in office on November 27, 1940 ( June 25, 1948, ch. 646 62 Stat. 890 Pub. L. 8736,  3(e) May 19, 1961 75 Stat. 83 Pub. L. 8786 July 11, 1961 75 Stat. 203 Pub. L. 91272,  12 June 2, 1970 84 Stat. 298 Pub. L. 110406,  2(a) Oct. 13, 2008 122 Stat. 4291  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  188 ( Mar. 3, 1911, ch. 231,  107 36 Stat. 1124 Aug. 20, 1912, ch. 306 37 Stat. 314 June 22, 1916, ch. 161 39 Stat. 232 Mar. 4, 1923, ch. 289 42 Stat. 1520 May 17, 1926, ch. 310 44 Stat. 561 Mar. 1, 1927, ch. 244 44 Stat. 1262 May 13, 1932, ch. 179 47 Stat. 153 June 16, 1933, ch. 94 48 Stat. 253 July 30, 1937, ch. 539 50 Stat. 546 June 12, 1940, ch. 341 54 Stat. 348 Nov. 27, 1940, ch. 920,  1 54 Stat. 1216 Dec. 3, 1943, ch. 332 57 Stat. 595 Words The said judge shall possess the same powers, perform the same duties, and receive the same compensation as other district judges, and words, The President is authorized to appoint, by and with the consent of the Senate, a successor or successors to said judge as vacancies may occur. Nothing herein contained shall be construed to prevent said judge or his successors from becoming the senior district judge by succession, or from exercising the powers and rights of senior district judge of said district. The judge designated herein to hold regular and special terms of court at Winchester and Chattanooga shall make all necessary orders for the disposition of business and assignment of cases for trial in said divisions, were deleted as superfluous, in view of sections 132 and 141 of this title. Words The district attorneys and marshals for the eastern, middle, and western districts of Tennessee in office immediately prior to November 27, 1940 A provision for furnishing rooms and accommodations by the local authorities for holding court at Columbia but only until such time as such accommodations shall be provided upon the recommendation of the Director of the Administrative Office of the United States Courts in a public building or other quarters provided by the Federal Government for such purpose, was omitted on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available. An identical provision with reference to Winchester is retained in part, but the words quoted above were omitted as unnecessary since, when such buildings become available, the Director will, under section 604 of this title The last paragraph of the revised section consolidates the provisions of paragraphs (e) and (f) of section 188 of title 28 Provisions relating to appointment and residence of deputy marshals and maintenance of clerks office, were omitted as covered by sections 542 [see 561] and 751 of this title. The clerk of court in a letter dated February 7, 1945 The provision respecting court accommodations at Winchester was omitted as covered by section 142 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 2008Subsec. (c)(1). Pub. L. 110406,  2(a)(1) Subsec. (c)(2). Pub. L. 110406,  2(a)(2) 1970Subsec. (c)(1). Pub. L. 91272,  12(a) Subsec. (c)(2). Pub. L. 91272,  12(b) 1961Subsec. (c)(2). Pub. L. 8736 Pub. L. 8786 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Pub. L. 110406,  2(b) Oct. 13, 2008 122 Stat. 4291  (1)  In general The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [ Oct. 13, 2008 (2)  Pending cases not affected The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date. (3)  Juries not affected The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section.  124. Texas  Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas. Northern District (a) The Northern District comprises seven divisions. (1) The Dallas Division comprises the counties of Dallas, Ellis, Hunt, Johnson, Kaufman, Navarro, and Rockwall. Court for the Dallas Division shall be held at Dallas. (2) The Fort Worth Division comprises the counties of Comanche, Erath, Hood, Jack, Palo Pinto, Parker, Tarrant, and Wise. Court for the Fort Worth Division shall be held at Fort Worth. (3) The Abilene Division comprises the counties of Callahan, Eastland, Fisher, Haskell, Howard, Jones, Mitchell, Nolan, Shackleford, Stephens, Stonewall, Taylor, and Throckmorton. Court for the Abilene Division shall be held at Abilene. (4) The San Angelo Division comprises the counties of Brown, Coke, Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Reagan, Runnels, Schleicher, Sterling, Sutton, and Tom Green. Court for the San Angelo Division shall be held at San Angelo. (5) The Amarillo Division comprises the counties of Armstrong, Brisco, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler. Court for the Amarillo Division shall be held at Amarillo. (6) The Wichita Falls Division comprises the counties of Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Knox, Montague, Wichita, Wilbarger, and Young. Court for the Wichita Falls Division shall be held at Wichita Falls. (7) The Lubbock Division comprises the counties of Bailey, Borden, Cochran, Crosby, Dawson, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Kent, Lamb, Lubbock, Lynn, Motley, Scurry, Terry, and Yoakum. Court for the Lubbock Division shall be held at Lubbock. Southern District (b) The Southern District comprises seven divisions. (1) The Galveston Division comprises the counties of Brazoria, Chambers, Galveston, and Matagorda. Court for the Galveston Division shall be held at Galveston. (2) The Houston Division comprises the counties of Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton. Court for the Houston Division shall be held at Houston. (3) The Laredo Division comprises the counties of Jim Hogg, La Salle, McMullen, Webb, and Zapata. Court for the Laredo Division shall be held at Laredo. (4) The Brownsville Division comprises the counties of Cameron and Willacy. Court for the Brownsville Division shall be held at Brownsville. (5) The Victoria Division comprises the counties of Calhoun, DeWitt, Goliad, Jackson, Lavaca, Refugio, and Victoria. Court for the Victoria Division shall be held at Victoria. (6) The Corpus Christi Division comprises the counties of Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, Nueces, and San Patricio. Court for the Corpus Christi Division shall be held at Corpus Christi. (7) The McAllen Division comprises the counties of Hidalgo and Starr. Court for the McAllen Division shall be held at McAllen. Eastern District (c) The Eastern District comprises seven divisions. (1) The Tyler Division comprises the counties of Anderson, Cherokee, Gregg, Henderson, Panola, Rains, Rusk, Smith, Van Zandt, and Wood. Court for Tyler Division will be held at Tyler. (2) The Beaumont Division comprises the counties of Hardin, Jasper, Jefferson, Liberty, Newton, and Orange. Court for the Beaumont Division is to be held at Beaumont. (3) The Sherman Division comprises the counties of Collin, Cook, Delta, Denton, Fannin, Grayson, Hopkins, and Lamar. Court for the Sherman Division shall be held at Sherman and Plano. (4) The Marshall Division comprises the counties of Camp, Cass, Harrison, Marion, Morris, and Upshur. Court for the Marshall Division shall be held at Marshall. (5) The Texarkana Division comprises the counties of Bowie, Franklin, Red River, and Titus. Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas. (6) The Lufkin Division comprises the counties of Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler. Court for the Lufkin Division shall be held at Lufkin. Western District (d) The Western District comprises seven divisions. (1) The Austin Division comprises the counties of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson. Court for the Austin Division shall be held at Austin. (2) The Waco Division comprises the counties of Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell. Court for the Waco Division shall be held at Waco. (3) The El Paso Division comprises the county of El Paso. Court for the El Paso Division shall be held at El Paso. (4) The San Antonio Division comprises the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson. Court for the San Antonio Division shall be held at San Antonio. (5) The Del Rio Division comprises the counties of Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavalla. Court for the Del Rio Division shall be held at Del Rio. (6) The Pecos Division comprises the counties of Brewster, Culberson, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Ward, and Winkler. Court for the Pecos Division shall be held at Pecos. (7) The Midland-Odessa Division comprises the counties of Andrews, Crane, Ector, Martin, Midland, and Upton. Court for the Midland-Odessa Division shall be held at Midland. Court may be held, in the discretion of the court, in Odessa, when courtroom facilities are made available at no expense to the Government. ( June 25, 1948, ch. 646 62 Stat. 891 Feb. 10, 1954, ch. 6,  2(b)(9)(a) 68 Stat. 11 Pub. L. 85298 Sept. 4, 1957 71 Stat. 618 Pub. L. 87352 Oct. 4, 1961 75 Stat. 772 Pub. L. 88282 Mar. 11, 1964 78 Stat. 163 Pub. L. 88512 Aug. 30, 1964 78 Stat. 695 Pub. L. 90216 Dec. 18, 1967 81 Stat. 661 Pub. L. 96462,  6 Oct. 15, 1980 94 Stat. 2054 Pub. L. 98620, title IV,  407(a) Nov. 8, 1984 98 Stat. 3362 Pub. L. 108157,  1(a) Dec. 3, 2003 117 Stat. 1947 Pub. L. 108455,  3 Dec. 10, 2004 118 Stat. 3628  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  189 ( Mar. 3, 1911, ch. 231,  108 36 Stat. 1125 May 29, 1912, ch. 144 37 Stat. 120 Feb. 5, 1913, ch. 28 37 Stat. 663 Feb. 26, 1917, ch. 122 39 Stat. 939 Mar. 1, 1919, ch. 87 40 Stat. 1270 Mar. 2, 1923, ch. 172 42 Stat. 1373 Apr. 3, 1924, ch. 82 43 Stat. 64 May 29, 1924, ch. 211 43 Stat. 244 May 26, 1928, ch. 752,  1 45 Stat. 747 June 6, 1930, ch. 408 46 Stat. 521 June 24, 1930, ch. 596 46 Stat. 807 Feb. 20, 1932, ch. 51 47 Stat. 52 July 25, 1939, ch. 356,  1 53 Stat. 1082 June 6, 1940, ch. 252 54 Stat. 241 Words and all prosecutions against persons for offenses committed in the county of Reagan shall be tried in the court at San Angelo: Provided, That no civil or criminal cause begun and pending prior to May 29, 1924 March 2, 1923 June 24, 1930 Provisions for furnishing rooms and accommodations at Pecos and Wichita Falls were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. Provisions relating to the maintenance of offices at various cities by the clerks were omitted as covered by sections 452 and 751 of this title. Provisions that process against residents of Pecos County shall issue from and be returnable to the court at Pecos City and against residents of Reagan County at San Angelo, were omitted since such matter can be regulated more appropriately by court rule or order. (See Rule 4 of Federal Rules of Civil Procedure.) The provisions requiring notice to be given for time of holding court in Pecos division and at Corpus Christi, were omitted as covered by section 141 of this title Five counties included in this section were created since the enactment of section 189 of title 28 Changes in arrangement and phraseology were made. Editorial Notes Amendments 2004Subsec. (c)(5). Pub. L. 108455 2003Subsec. (c)(3). Pub. L. 108157,  1(a)(1) Subsec. (c)(4) to (7). Pub. L. 108157,  1(a)(2) Court for the Paris Division shall be held at Paris. 1984Subsec. (b). Pub. L. 98620,  407(a)(1) Subsec. (b)(4). Pub. L. 98620,  407(a)(2) Subsec. (b)(7). Pub. L. 98620,  407(a)(3) 1980Subsec. (b)(2). Pub. L. 96462,  6(a) Subsec. (c). Pub. L. 96462,  6(b) 1967Subsec. (d). Pub. L. 90216,  1(4) Subsec. (d)(3). Pub. L. 90216,  1(1) Subsec. (d)(6). Pub. L. 90216,  1(2) Subsec. (d)(7). Pub. L. 90216,  1(3) 1964Subsec. (b)(1). Pub. L. 88282,  1(a) Subsec. (b)(2). Pub. L. 88282,  1(b) Subsec. (c)(4). Pub. L. 88512,  1(a) Subsec. (c)(5). Pub. L. 88512,  1(b) 1961Subsec. (c)(5). Pub. L. 87352 1957Subsec. (c)(1). Pub. L. 85298,  2 Subsec. (c)(2). Pub. L. 85298,  1 1954Subsec. (d)(4). Act Feb. 10, 1954 Subsec. (d)(5). Act Feb. 10, 1954 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Pub. L. 108157,  1(b) Dec. 3, 2003 117 Stat. 1947  (1)  In general This section [amending this section] and the amendments made by this section shall take effect on the date of the enactment of this Act [ Dec. 3, 2003 (2)  Pending cases not affected This section and the amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Eastern District of Texas on such date. (3)  Juries not affected This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the Eastern Judicial District of Texas on the effective date of this section. Effective Date of 1984 Amendment Pub. L. 98620, title IV,  407(b) Nov. 8, 1984 98 Stat. 3362 The amendments made by subsection (a) of this section [amending this section] shall apply to any action commenced in the United States District Court for the Southern District of Texas on or after the effective date of this subtitle [ Jan. 1, 1985 Amendment by Pub. L. 98620 Jan. 1, 1985 section 411 of Pub. L. 98620 section 85 of this title Effective Date of 1980 Amendment; Savings Provision Amendment by Pub. L. 96462 Oct. 1, 1981 Oct. 1, 1981 section 7 of Pub. L. 96462 section 84 of this title  125. Utah Utah constitutes one judicial district comprising two divisions. (1) The Northern Division comprises the counties of Box Elder, Cache, Davis, Morgan, Rich, and Weber. Court for the Northern Division shall be held at Salt Lake City and Ogden. (2) The Central Division comprises the counties of Beaver, Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, and Wayne. Court for the Central Division shall be held at Salt Lake City, Provo, and St. George. ( June 25, 1948, ch. 646 62 Stat. 893 Pub. L. 104317, title VI,  606 Oct. 19, 1996 110 Stat. 3859  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  190 ( Mar. 3, 1911, ch. 231,  109 36 Stat. 1127 A provision relating to the maintenance of offices by the clerk was omitted as covered by section 751 of this title Changes in arrangement and phraseology were made. Editorial Notes Amendments 1996Par. (1). Pub. L. 104317,  606(a) Par. (2). Pub. L. 104317,  606(b)  126. Vermont  Vermont constitutes one judicial district. Court shall be held at Bennington, Brattleboro, Burlington, Montpelier, Rutland, Saint Johnsbury, and Windsor. ( June 25, 1948, ch. 646 62 Stat. 893 Pub. L. 88312 May 28, 1964 78 Stat. 201 Pub. L. 98620, title IV,  410 Nov. 8, 1984 98 Stat. 3362  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  191 ( Mar. 3, 1911, ch. 231,  110 36 Stat. 1127 Feb. 1, 1912, ch. 26 37 Stat. 58 Feb. 28, 1929, ch. 360 45 Stat. 1345 Provision that any stated term may, when adjourned, be adjourned to meet at any of the other places at Montpelier or Newport, was omitted as unnecessary and inconsistent with sections 140 and 141 of this title. Changes in arrangement and phraseology were made. Editorial Notes Amendments 1984 Pub. L. 98620 1964 Pub. L. 88312 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Jan. 1, 1985 section 411 of Pub. L. 98620 section 85 of this title  127. Virginia  Virginia is divided into two judicial districts, to be known as the Eastern and Western districts of Virginia. Eastern District (a) The Eastern District comprises the counties of Accomac, Amelia, Arlington, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Lunenburg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Prince William, Princess Anne, Richmond, Southampton, Spotsylvania, Stafford, Surry, Sussex, Warwick, Westmoreland, and York. Court for the Eastern District shall be held at Alexandria, Newport News, Norfolk, and Richmond. Western District (b) The Western District comprises the counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe. Court for the Western District shall be held at Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg, and Roanoke. (c) Cities and incorporated towns are included in that district in which are included the counties within the exterior boundaries of which such cities and incorporated towns are geographically located or out of the territory of which they have been incorporated. ( June 25, 1948, ch. 646 62 Stat. 893 Pub. L. 90383 July 5, 1968 82 Stat. 292 Pub. L. 102200,  1 Dec. 10, 1991 105 Stat. 1630  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  192 and 192a, and section 403c2 of title 16 Mar. 3, 1911, ch. 231,  111 36 Stat. 1127 June 13, 1918, ch. 100 40 Stat. 605 Apr. 30, 1924, ch. 144 43 Stat. 114 Feb. 21, 1925, ch. 290 43 Stat. 962 Jan. 20, 1930, ch. 20,  1 46 Stat. 56 Aug. 19, 1937, ch. 703,  2 50 Stat. 701 June 13, 1938, ch. 350 52 Stat. 674 Oct. 31, 1945, ch. 443,  202 59 Stat. 554 A provision of section 192 of title 28 Changes in arrangement and phraseology were made. Senate Revision Amendment By Senate amendment, Newport News was inserted after Alexandria in second paragraph of subsection (a) of this section. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1991Subsec. (a). Pub. L. 102200,  1(1) Subsec. (b). Pub. L. 102200,  1(2) 1968Subsec. (c). Pub. L. 90383 Statutory Notes and Related Subsidiaries Applicability of 1991 Amendments Pub. L. 102200,  2 Dec. 10, 1991 105 Stat. 1630  (a)  Pending Actions The amendments made by section 1 [amending this section] shall not apply to any action commenced before the date of the enactment of this Act [ Dec. 10, 1991 (b)  Juries The amendments made by section 1 shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Eastern or Western District of Virginia on the date of the enactment of this Act.  128. Washington  Washington is divided into two judicial districts to be known as the Eastern and Western Districts of Washington. Eastern District (a) The Eastern District comprises the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima. Court for the Eastern District shall be held at Spokane, Yakima, Walla Walla, and Richland. Western District (b) The Western District comprises the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom. Court for the Western District shall be held at Bellingham, Seattle, Tacoma, and Vancouver. ( June 25, 1948, ch. 646 62 Stat. 894 Pub. L. 87699 Sept. 25, 1962 76 Stat. 598 Pub. L. 91272,  4 June 2, 1970 84 Stat. 297 Pub. L. 110161, div. D, title III,  308 Dec. 26, 2007 121 Stat. 1990  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  193 ( Mar. 3, 1911, ch. 231,  112 36 Stat. 1128 June 15, 1937, ch. 351 50 Stat. 260 Dec. 28, 1945, ch. 596 59 Stat. 661 Words with the waters thereof, after the list of counties in each division, were omitted as unnecessary, and in view of the absence of such words in most similar sections relating to other States. A provision relating to the maintenance of offices by the clerks were omitted as covered by section 751 of this title Provisions that the counties in both divisions of the eastern district included all Indian reservations in such counties and that the counties in both divisions of the western district included all Indian reservations in such counties were omitted as surplusage. (See Revisers Note under section 114 of this title Pend Oreille County of the northern division of the eastern district and Grays Harbor of the southern division of the western district were created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes Amendments 2007Subsec. (b). Pub. L. 110161 1970Subsec. (a). Pub. L. 91272,  4(a) Subsec. (b). Pub. L. 91272,  4(b) 1962Subsec. (a)(2). Pub. L. 87699  129. West Virginia  West Virginia is divided into two judicial districts to be known as the Northern and Southern Districts of West Virginia. Northern District (a) The Northern District comprises the counties of Barbour, Berkeley, Braxton, Brooke, Calhoun, Doddridge, Gilmer, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Webster, and Wetzel. Court for the Northern District shall be held at Clarksburg, Elkins, Fairmont, Martinsburg, and Wheeling. Southern District (b) The Southern District comprises the counties of Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood, and Wyoming. Court for the Southern District shall be held at Beckley, Bluefield, Charleston, Huntington, Lewisburg, and Parkersburg. ( June 25, 1948, ch. 646 62 Stat. 894 Pub. L. 97471,  1 Jan. 14, 1983 96 Stat. 2601  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  194 ( Mar. 3, 1911, ch. 231,  113 36 Stat. 1129 Mar. 23, 1912, ch. 63 37 Stat. 76 Aug. 22, 1914, ch. 265 38 Stat. 702 Feb. 27, 1922, ch. 83 42 Stat. 398 June 22, 1936, ch. 695 49 Stat. 1805 Aug. 23, 1937, ch. 737 50 Stat. 744 June 29, 1938, ch. 817 52 Stat. 1245 Words with the waters thereof, after the list of counties in each district, were omitted as unnecessary, and in view of the absence of such words in similar sections relating to other States. Provisions relating to special terms of court were omitted as covered by section 141 of this title A provision that the term at Fairmont be held when suitable rooms and accommodations for holding terms of the court shall be furnished at Fairmont free of cost to the United States or until, subject to the recommendation of the Attorney General of the United States with respect to providing such rooms and accommodations for holding court at Fairmont, a Federal building containing such suitable rooms and accommodations for holding court shall be erected at such place, was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available. Provisions respecting court accommodations at Beckley and Lewisburg were omitted as covered by section 142 of this title Changes were made in arrangement and phraseology. Editorial Notes Amendments 1983Subsec. (a). Pub. L. 97471,  1(1) Subsec. (b). Pub. L. 97471,  1(2)  130. Wisconsin  Wisconsin is divided into two judicial districts to be known as the Eastern and Western districts of Wisconsin. Eastern District (a) The Eastern District comprises the counties of Brown, Calumet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, Langlade, Manitowoc, Marinette, Marquette, Menominee, Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago. Court for the Eastern District shall be held at Green Bay, Milwaukee, and Oshkosh. Western District (b) The Western District comprises the counties of Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Douglas, Dunn, Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Portage, Price, Richland, Rock, Rusk, Saint Croix, Sauk, Sawyer, Taylor, Trempealeau, Vernon, Vilas, Washburn, and Wood. Court for the Western District shall be held at Eau Claire, La Crosse, Madison, Superior, and Wausau. ( June 25, 1948, ch. 646 62 Stat. 894 Pub. L. 87573 Aug. 6, 1962 76 Stat. 307  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  195 ( Mar. 3, 1911, ch. 231,  114 36 Stat. 1129 July 24, 1935, ch. 413 49 Stat. 495 Provisions for keeping the courts and their offices open at all times were omitted as covered by section 452 of this title Provisions for maintenance of offices by the clerk and marshal, and for the appointment and residence of a deputy marshal for Superior, were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Words All causes and proceedings instituted in the court at Superior shall be tried therein, unless by consent of the parties, or upon the order of the court, they are transferred to another place for trial, were omitted as unnecessary. Such provision, as to civil cases, is covered by section 1404 of this title Provisions for the return of process, including criminal warrants, at Superior and other places in the western district and for the keeping of records in the clerks office at Superior, were omitted, since such matters can be regulated more appropriately by court rule or order. (See Federal Rules of Civil Procedure, Rule 4, and Federal Rules of Criminal Procedure, Rule 4(g).) Changes in arrangement and phraseology were made. Editorial Notes Amendments 1962Subsec. (a). Pub. L. 87573 Statutory Notes and Related Subsidiaries Designation of Judge to Hold Court, Eastern District Pub. L. 106553,  1(a)(2) [title III,  305(c)] Dec. 21, 2000 114 Stat. 2762 The chief judge of the eastern district of Wisconsin shall designate 1 judge who shall hold court for such district in Green Bay, Wisconsin.  131. Wyoming  Wyoming and those portions of Yellowstone National Park situated in Montana and Idaho constitute one judicial district. Court shall be held at Casper, Cheyenne, Evanston, Lander, Jackson, and Sheridan. ( June 25, 1948, ch. 646 62 Stat. 895 Pub. L. 98353, title II,  203(a) July 10, 1984 98 Stat. 350  Historical and Revision Notes Based on section 27 of title 16 May 7, 1894, ch. 72,  5 28 Stat. 74 Mar. 3, 1911, ch. 231 36 Stat. 1130 June 5, 1924, ch. 260 43 Stat. 388 June 28, 1938, ch. 778,  1 52 Stat. 1213 Section consolidates section 196 of title 28 section 27 of title 16 A provision of section 196 of title 28 Provisions of section 196 of title 28 Editorial Notes Amendments 1984 Pub. L. 98353  132. Creation and composition of district courts (a) There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district. (b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court. (c) Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges. ( June 25, 1948, ch. 646 62 Stat. 895 Pub. L. 88176,  2 Nov. 13, 1963 77 Stat. 331  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  1, and section 641 of title 48 Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Mar. 3, 1911, ch. 231,  1 36 Stat. 1087 July 30, 1914, ch. 216 38 Stat. 580 July 19, 1921, ch. 42,  313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890 Dec. 13, 1926, ch. 6,  1 44 Stat. 19 Section consolidates section 1 of title 28 section 641 of title 48 Subsection (c) is derived from section 641 of title 48 Other portions of section 1 of title 28 section 641 of title 48 Editorial Notes Amendments 1963Subsec. (b). Pub. L. 88176 Statutory Notes and Related Subsidiaries Continuation of Organization of Court Act June 25, 1948, ch. 646,  2(b) 62 Stat. 985 June 25, 1948 Sept. 1, 1948  133. Appointment and number of district judges (a) The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows:     Districts Judges  Alabama: Northern 7 Middle 3 Southern 3 Alaska 3 Arizona 12 Arkansas: Eastern 5 Western 3 California: Northern 14 Eastern 6 Central 27 Southern 13 Colorado 7 Connecticut 8 Delaware 4 District of Columbia 15 Florida: Northern 4 Middle 15 Southern 17 Georgia: Northern 11 Middle 4 Southern 3 Hawaii 3 Idaho 2 Illinois: Northern 22 Central 4 Southern 4 Indiana: Northern 5 Southern 5 Iowa: Northern 2 Southern 3 Kansas 5 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 6 Western 5 Eastern and Western 2 Montana 3 Nebraska 3 Nevada 7 New Hampshire 3 New Jersey 17 New Mexico 6 New York: Northern 5 Southern 28 Eastern 15 Western 4 North Carolina: Eastern 4 Middle 4 Western 4 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 7 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. 85310 Sept. 7, 1957 71 Stat. 631 Pub. L. 85508,  12(c) July 7, 1958 72 Stat. 348 Pub. L. 863,  9(b) Mar. 18, 1959 73 Stat. 8 Pub. L. 8736,  2(d) May 19, 1961 75 Stat. 81 Pub. L. 87562,  3 July 30, 1962 76 Stat. 248 Pub. L. 89242,  1(c) Oct. 7, 1965 79 Stat. 951 Pub. L. 89372,  4 Mar. 18, 1966 80 Stat. 77 Pub. L. 91272,  1(d) June 2, 1970 84 Stat. 295 Pub. L. 92208,  3(d) Dec. 18, 1971 85 Stat. 742 Pub. L. 95408,  4(b)(2) Oct. 2, 1978 92 Stat. 885 Pub. L. 95486,  1(c) Oct. 20, 1978 92 Stat. 1630 Pub. L. 97471,  3 Jan. 14, 1983 96 Stat. 2601 Pub. L. 98353, title II,  202(e) July 10, 1984 98 Stat. 348 Pub. L. 101650, title II,  203(d) Dec. 1, 1990 104 Stat. 5101 Pub. L. 10553,  4 Oct. 6, 1997 111 Stat. 1174 Pub. L. 106113, div. B,  1000(a)(1) [title III,  309(b)] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106553,  1(a)(2) [title III,  305(b)] Dec. 21, 2000 114 Stat. 2762 Pub. L. 107273, div. A, title III,  312(a)(2) Nov. 2, 2002 116 Stat. 1786 Pub. L. 110402,  1(b)(1) Oct. 13, 2008 122 Stat. 4254  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.,  11301 ( Apr. 12, 1900, ch. 191 31 Stat. 84 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 39 Stat. 965 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 43 Stat. 936 Feb. 16, 1925, ch. 233 43 Stat. 946 Mar. 2, 1925, ch. 397 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 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 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 52 Stat. 584 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 59 Stat. 545 June 15, 1946, ch. 413 60 Stat. 260 July 24, 1946 60 Stat. 654 Section consolidates provisions of section 1 of title 28 Provisions of section 1 of title 28 section 134 of this title The act of Dec. 7, 1944 section 2 of the act of May 24, 1940 54 Stat. 219 (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 (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 Provided, That the first vacancy occurring in the office of district judge in each of said districts, except the district of New Jersey and the eastern district of Pennsylvania, shall not be filled. The following additional but temporary judgeships, authorized by Congress, are not included in the revised section:     Districts Judges  Delaware 1 Florida, Northern and Southern 1 Georgia, Northern 1 Kansas 1 Missouri, Eastern and Western 1 Ohio, Northern 1 Oklahoma, Western 1 Pennsylvania, Eastern, Middle and Western 1 West Virginia, Northern and Southern 1 Other provisions of said section 11301 of the District of Columbia Code, 1940 ed., are incorporated in section 136 of this title A part of section 641 of title 48 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 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. 95408 Pub. L. 964,  1 Mar. 30, 1979 93 Stat. 6 section 93 of this title Amendments 2008Subsec. (b)(2). Pub. L. 110402 2002Subsec. (a). Pub. L. 107273 2000Subsec. (a). Pub. L. 106553 1999Subsec. (a). Pub. L. 106113 1997Subsec. (a). Pub. L. 10553 1990 Pub. L. 101650,  303(1) Pub. L. 101650,  203(d)     State Former New  Alabama: Northern 7 7 Middle 3 3 Southern 3 3 Alaska 3 3 Arizona 8 8 Arkansas: Eastern 3 5 Western 1 3 Eastern and Western 2 0 California: Northern 12 14 Eastern 6 6 Central 22 27 Southern 7 8 Colorado 7 7 Connecticut 6 8 Delaware 4 4 District of Columbia 15 15 Florida: Northern 3 4 Middle 9 11 Southern 15 16 Georgia: Northern 11 11 Middle 3 4 Southern 3 3 Hawaii 3 3 Idaho 2 2 Illinois: Northern 20 22 Central 3 3 Southern 3 3 Indiana: Northern 4 5 Southern 5 5 Iowa: Northern 1 2 Southern 2 3 Northern and Southern 1 0 Kansas 5 5 Kentucky: Eastern 4 4 Western 4 4 Eastern and Western 1 1 Louisiana: Eastern 13 13 Middle 2 2 Western 6 7 Maine 2 3 Maryland 10 10 Massachusetts 11 13 Michigan: Eastern 15 15 Western 4 4 Minnesota 7 7 Mississippi: Northern 3 3 Southern 5 6 Missouri: Eastern 5 6 Western 5 5 Eastern and Western 2 2 Montana 3 3 Nebraska 3 3 Nevada 4 4 New Hampshire 2 3 New Jersey 14 17 New Mexico 4 5 New York: Northern 4 4 Southern 27 28 Eastern 12 15 Western 3 4 North Carolina: Eastern 3 4 Middle 3 4 Western 3 3 North Dakota 2 2 Ohio: Northern 10 11 Southern 7 8 Oklahoma: Northern 2 3 Eastern 1 1 Western 4 6 Northern, Eastern, 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. 98353     State Former New  Alabama: Northern 7 7 Middle 3 3 Southern 2 3 Alaska 2 3 Arizona 8 8 Arkansas: Eastern 3 3 Western 1 1 Eastern and Western 2 2 California: Northern 12 12 Eastern 6 6 Central 17 22 Southern 7 7 Colorado 6 7 Connecticut 5 6 Delaware 3 4 District of Columbia 15 15 Florida: Northern 3 3 Middle 9 9 Southern 12 15 Georgia: Northern 11 11 Middle 2 3 Southern 3 3 Hawaii 2 3 Idaho 2 2 Illinois: Northern 16 20 Central 3 3 Southern 2 3 Indiana: Northern 4 4 Southern 5 5 Iowa: Northern 1 1 Southern 2 2 Northern and Southern 1 1 Kansas 5 5 Kentucky: Eastern 4 4 Western 3 4 Eastern and Western 1 1 Louisiana: Eastern 13 13 Middle 2 2 Western 5 6 Maine 2 2 Maryland 9 10 Massachusetts 10 11 Michigan: Eastern 13 15 Western 4 4 Minnesota 5 7 Mississippi: Northern 2 3 Southern 3 5 Missouri: Eastern 4 5 Western 5 5 Eastern and Western 2 2 Montana 2 3 Nebraska 3 3 Nevada 3 4 New Hampshire 2 2 New Jersey 11 14 New Mexico 4 4 New York: Northern 3 4 Southern 27 27 Eastern 10 12 Western 3 3 North Carolina: Eastern 3 3 Middle 3 3 Western 3 3 North Dakota 2 2 Ohio: Northern 9 10 Southern 6 7 Oklahoma: Northern 2 2 Eastern 1 1 Western 3 4 Northern, Eastern, 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. 97471 1978 Pub. L. 95486     State Former New  Alabama: Northern 4 7 Middle 2 3 Southern 2 2 Alaska 2 2 Arizona 5 8 Arkansas: Eastern 1 3 Western 1 1 Eastern and Western 2 2 California: Northern 11 12 Eastern 3 6 Central 16 17 Southern 5 7 Colorado 4 6 Connecticut 4 5 Delaware 3 3 District of Columbia 15 15 Florida: Northern 2 3 Middle 6 9 Southern 7 12 Georgia: Northern 6 11 Middle 2 2 Southern 2 3 Hawaii 2 2 Idaho 2 2 Illinois: Northern 13 16 Central 2 3 Southern 2 2 Indiana: Northern 3 4 Southern 4 5 Iowa: Northern 1 1 Southern 1 2 Northern and Southern 1 1 Kansas 4 5 Kentucky: Eastern 2 4 Western 3 3 Eastern and Western 1 1 Louisiana: Eastern 9 13 Middle 1 2 Western 4 5 Maine 1 2 Maryland 7 9 Massachusetts 6 10 Michigan: Eastern 10 13 Western 2 4 Minnesota 4 5 Mississippi: Northern 2 2 Southern 3 3 Missouri: Eastern 3 4 Western 3 5 Eastern and Western 2 2 Montana 2 2 Nebraska 3 3 Nevada 2 3 New Hampshire 1 2 New Jersey 9 11 New Mexico 3 4 New York: Northern 2 3 Southern 27 27 Eastern 9 10 Western 3 3 North Carolina: Eastern 2 3 Western 2 3 Middle 2 3 North Dakota 2 2 Ohio: Northern 8 9 Southern 5 6 Oklahoma: Northern 1 2 Eastern 1 1 Western 2 3 Northern, Eastern, 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. 95408 1971 Pub. L. 92208 1970 Pub. L. 91272     State Former New  Alabama: Northern 3 4 Middle 1 2 Southern 1 2 Middle and Southern 1 0 Arizona 4 5 California: Northern 9 11 Central 13 16 Southern 2 5 Colorado 3 4 Florida: Middle 5 6 Southern 5 7 Georgia: Northern 3 6 Southern 1 2 Illinois: Northern 11 13 Kansas 3 4 Kentucky: Eastern 1 2 Western 2 3 Louisiana: Eastern 8 10 Western 3 4 Maryland 5 7 Michigan: Eastern 8 10 Missouri: Eastern 2 3 Nebraska 2 3 New Jersey 8 9 New Mexico 2 3 New York: Southern 24 27 Eastern 8 9 Ohio: Northern 7 8 Southern 4 5 Pennsylvania: Eastern 11 19 Western 8 10 Puerto Rico 2 3 South Carolina 4 5 Tennessee: Western 2 3 Texas: Northern 5 6 Southern 7 8 Eastern 2 3 Western 4 5 Virginia: Eastern 5 6 West Virginia: Southern 1 2 Wisconsin: Eastern 2 3 1966 Pub. L. 89372     State Former New  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. 89242 1962 Pub. L. 87562 1961 Pub. L. 8736     State Former New  Alabama: Northern 2 3 Alaska 1 2 Arizona 2 3 Arkansas: Eastern and Western 1 2 California: Northern 7 9 Southern 11 13 Colorado 2 3 Connecticut 2 4 Florida: Southern 4 6 Georgia: Northern 2 3 Middle 1 2 Illinois: Northern 8 10 Indiana: Northern 2 3 Southern 2 3 Iowa: Northern and Southern 0 1 Kansas 2 3 Louisiana: Eastern 2 4 Western 2 3 Maryland 2 4 Massachusetts 5 6 Michigan: Eastern 6 8 Mississippi: Southern 1 2 Missouri: Western 2 3 Nevada 1 2 New Jersey 7 8 New Mexico 1 2 New York: Southern 18 24 Eastern 6 8 North Carolina: Eastern 1 2 Western 1 2 Middle 1 2 Ohio: Northern 5 6 Oklahoma: Northern, Eastern, 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. 863 1958 Pub. L. 85508 1957 Pub. L. 85310 1954Act Feb. 10, 1954     State Former New  California: Southern 10 11 Delaware 2 3 Florida: Southern 3 4 Idaho 1 2 Indiana: Northern 1 2 Southern 1 2 Kentucky: Western 1 2 Massachusetts 4 5 Michigan: Eastern 5 6 Western 1 2 Missouri: Eastern and Western 1 2 New Jersey 6 7 New York: Southern 16 18 North Dakota 1 2 Ohio: Northern 4 5 Pennsylvania: Eastern 7 8 Western 4 5 Texas: Southern 3 4 Eastern 1 2 Virginia: Eastern 2 3 West Virginia: Northern and Southern 0 1 Wisconsin: Eastern 1 2 1950Act Sept. 5, 1950 Act Aug. 29, 1950 Act Aug. 14, 1950 1949Act Aug. 3, 1949     State Former New  California: Northern 5 7 Southern 8 10 District of Columbia 12 15 Florida: Northern and Southern 0 1 Georgia: Northern 1 2 Kansas 1 2 New Jersey 5 6 New York: Southern 12 16 Ohio: Northern 3 4 Oklahoma: Western 1 2 Oregon 2 3 Pennsylvania: Eastern 5 7 Texas: Southern 2 3 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Pub. L. 107273, div. A, title III,  312(a)(3) Nov. 2, 2002 116 Stat. 1787 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. 107273, div. A, title III,  312(b)(3) Nov. 2, 2002 116 Stat. 1788  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. 95486,  7 Oct. 20, 1978 92 Stat. 1633  (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 Presidents 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 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 Presidents 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. 95486,  11 Oct. 20, 1978 92 Stat. 1634 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. 95408 Oct. 2, 1978 section 5 of Pub. L. 95408 section 89 of this title Effective Date of 1971 Amendment Amendment by Pub. L. 92208 Dec. 18, 1971 section 3(f) of Pub. L. 92208 section 98 of this title Effective Date of 1965 Amendment Amendment by Pub. L. 89242 Oct. 7, 1965 section 6 of Pub. L. 89242 section 121 of this title Effective Date of 1962 Amendment Amendment by Pub. L. 87562 July 30, 1962 section 5 of Pub. L. 87562 section 89 of this title Effective Date of 1959 Amendment Pub. L. 863,  9 Mar. 18, 1959 73 Stat. 8 section 134 of this title Aug. 21, 1959 Aug. 21, 1959 73 Stat. 74 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 73 Stat. 16 Pub. L. 85508 section 81A of this title section 21 of Title 48 Additional Judgeships Pub. L. 109115, div. A, title IV,  406 Nov. 30, 2005 119 Stat. 2470 Pub. L. 1136, div. F, title III,  1312(b) Mar. 26, 2013 127 Stat. 418 Pub. L. 11376, div. E, title III,  307(b) Jan. 17, 2014 128 Stat. 203 Pub. L. 113235, div. E, title III,  306(b) Dec. 16, 2014 128 Stat. 2351 Pub. L. 114113, div. E, title III,  306(b) Dec. 18, 2015 129 Stat. 2443 Pub. L. 11531, div. E, title III,  306(b) May 5, 2017 131 Stat. 347 Pub. L. 115141, div. E, title III,  306(b) Mar. 23, 2018 132 Stat. 556 Pub. L. 1166, div. D, title III,  306(b) Feb. 15, 2019 133 Stat. 159 Pub. L. 11693, div. C, title III,  306(b) Dec. 20, 2019 133 Stat. 2454 Pub. L. 116260, div. E, title III,  306(b) Dec. 27, 2020 134 Stat. 1401 Pub. L. 117103, div. E, title III,  306(b) Mar. 15, 2022 136 Stat. 261 Pub. L. 117328, div. E, title III,  306(b) Dec. 29, 2022 136 Stat. 4672 The existing judgeship for the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101650 104 Stat. 5089 Public Law 10553 Nov. 30, 2005 Pub. L. 107273, div. A, title III,  312(a)(1) Nov. 2, 2002 116 Stat. 1786  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. 107273, div. A, title III,  312(b)(1) Nov. 2, 2002 116 Stat. 1787 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 101650 28 U.S.C. 133 section 133 of title 28 section 133 of title 28 Pub. L. 107273, div. A, title III,  312(c) Nov. 2, 2002 116 Stat. 1788 Pub. L. 1136, div. F, title III,  1312(c) Mar. 26, 2013 127 Stat. 418 Pub. L. 11376, div. E, title III,  307(c) Jan. 17, 2014 128 Stat. 203 Pub. L. 113235, div. E, title III,  306(c) Dec. 16, 2014 128 Stat. 2352 Pub. L. 114113, div. E, title III,  306(c) Dec. 18, 2015 129 Stat. 2443 Pub. L. 11531, div. E, title III,  306(c) May 5, 2017 131 Stat. 347 Pub. L. 115141, div. E, title III,  306(c) Mar. 23, 2018 132 Stat. 556 Pub. L. 1166, div. D, title III,  306(c) Feb. 15, 2019 133 Stat. 159 Pub. L. 11693, div. C, title III,  306(c) Dec. 20, 2019 133 Stat. 2454 Pub. L. 116260, div. E, title III,  306(c) Dec. 27, 2020 134 Stat. 1401 Pub. L. 117103, div. E, title III,  306(c) Mar. 15, 2022 136 Stat. 262 Pub. L. 117328, div. E, title III,  306(c) Dec. 29, 2022 136 Stat. 4672  (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 21 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 20 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 19 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. 106553,  1(a)(2) [title III,  305(a)] Dec. 21, 2000 114 Stat. 2762  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. 106113, div. B,  1000(a)(1) [title III,  309(a)] Nov. 29, 1999 113 Stat. 1535  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. 101650, title II,  203(a) Dec. 1, 1990 104 Stat. 50995101 Pub. L. 10460,  1 Nov. 28, 1995 109 Stat. 635 Pub. L. 104317, title III,  304 Oct. 19, 1996 110 Stat. 3852 Pub. L. 10553,  3 Oct. 6, 1997 111 Stat. 1173 Pub. L. 107273, div. A, title III,  312(d)(1) Nov. 2, 2002 116 Stat. 1788 Pub. L. 109289, div. B, title II,  21056 Pub. L. 1105,  2 Feb. 15, 2007 121 Stat. 55 Pub. L. 110161, div. D, title III,  309 Dec. 26, 2007 121 Stat. 1990 Pub. L. 1118, div. D, title III,  309 Mar. 11, 2009 123 Stat. 649 Pub. L. 111117, div. C, title III,  307 Dec. 16, 2009 123 Stat. 3177 Pub. L. 11210, div. B, title V,  1530 Apr. 15, 2011 125 Stat. 134 Pub. L. 11274, div. C, title III,  306 Dec. 23, 2011 125 Stat. 902 Pub. L. 1136, div. F, title III,  1312(a) Mar. 26, 2013 127 Stat. 418 Pub. L. 11376, div. E, title III,  307(a) Jan. 17, 2014 128 Stat. 203 Pub. L. 113235, div. E, title III,  306(a) Dec. 16, 2014 128 Stat. 2351 Pub. L. 114113, div. E, title III,  306(a) Dec. 18, 2015 129 Stat. 2443 Pub. L. 11531, div. E, title III,  306(a) May 5, 2017 131 Stat. 347 Pub. L. 115141, div. E, title III,  306(a) Mar. 23, 2018 132 Stat. 555 Pub. L. 1166, div. D, title III,  306(a) Feb. 15, 2019 133 Stat. 159 Pub. L. 11693, div. C, title III,  306(a) Dec. 20, 2019 133 Stat. 2454 Pub. L. 116260, div. E, title III,  306(a) Dec. 27, 2020 134 Stat. 1400 Pub. L. 117103, div. E, title III,  306(a) Mar. 15, 2022 136 Stat. 261 Pub. L. 117328, div. E, title III,  306(a) Dec. 29, 2022 136 Stat. 4671  (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 98353 98 Stat. 347348 Dec. 1, 1990 section 133 of title 28 section 133 of title 28 (2) (A) The existing 2 district judgeships for the eastern and western districts of Arkansas (provided by section 133 of title 28 section 133 of title 28 (B) The existing district judgeship for the northern and southern districts of Iowa (provided by section 133 of title 28 section 133 of title 28 (C) The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by section 133 of title 28 Dec. 1, 1990 section 133 of title 28 (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 32 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 [ Pub. L. 107273, div. A, title III,  312(d)(2) Nov. 2, 2002 116 Stat. 1788 The amendments made by this subsection [amending section 203(c) of Pub. L. 101650 Nov. 2, 2002 Pub. L. 98353, title II,  202(a) July 10, 1984 98 Stat. 347  (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 (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 95486 92 Stat. 1631 July 10, 1984 section 133 of title 28 Pub. L. 95486,  1(a) Oct. 20, 1978 92 Stat. 1629 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. 95486,  2 Oct. 20, 1978 92 Stat. 1632 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 Pub. L. 91272,  1(a) June 2, 1970 84 Stat. 294 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. 89372,  2(a) Mar. 18, 1966 80 Stat. 75 Pub. L. 8736,  2(a) May 19, 1961 75 Stat. 80 Subsec. (a)(1) of act Feb. 10, 1954, ch. 6,  2 68 Stat. 8 Alabama Pub. L. 91272,  1(b) June 2, 1970 84 Stat. 294 The existing district judgeship for the middle and southern districts of Alabama, heretofore provided for by section 133 of title 28 California Pub. L. 89372,  3(h) Mar. 18, 1966 80 Stat. 77 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 act Sept. 5, 1950, ch. 848,  2 64 Stat. 578 Sept. 5, 1950 Sept. 5, 1950 Florida Pub. L. 89372,  2(b) Mar. 18, 1966 80 Stat. 75 The existing district judgeship for the northern, middle and southern districts of Florida heretofore provided for by section 133 of title 28 Georgia Act Mar. 29, 1949, ch. 37 63 Stat. 16 section 2(b) of Pub. L. 8736 Mar. 29, 1949 Pub. L. 8736,  2(d) Kansas Pub. L. 89372,  5(a) Mar. 18, 1966 80 Stat. 78 section 1(c) of Pub. L. 91272 June 2, 1970 84 Stat. 294 section 1(d) of Pub. L. 91272 Missouri act Dec. 24, 1942, ch. 827 56 Stat. 1083 act Feb. 10, 1954, ch. 6,  2(a)(2) 68 Stat. 9 Feb. 10, 1954 Dec. 24, 1942 Feb. 10, 1954 Nevada Act Feb. 10, 1954, ch. 6,  2(b)(2) 68 Stat. 10 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. 91272,  2(a) June 2, 1970 84 Stat. 296 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 section 2(b) of Pub. L. 8736 Feb. 10, 1954 Pub. L. 8736,  2(d) North Carolina Pub. L. 91272,  2(c) June 2, 1970 84 Stat. 296 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 act Aug. 3, 1949, ch. 387,  2(e) 63 Stat. 495 May 1, 1941 Aug. 3, 1949 Pub. L. 8736,  2(e)(1) May 19, 1961 75 Stat. 83  (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 act Aug. 3, 1949, ch. 387,  2(b) 63 Stat. 495 May 24, 1940 Aug. 3, 1949 Pennsylvania Pub. L. 91272,  2(b) June 2, 1970 84 Stat. 296 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. 89372,  5(b) Mar. 18, 1966 80 Stat. 78 Pub. L. 9090 Sept. 23, 1967 81 Stat. 228 Mar. 18, 1966 section 1(c) of Pub. L. 91272 June 2, 1970 84 Stat. 294 section 1(d) of Pub. L. 81272 Act Feb. 10, 1954, ch. 6,  2(b)(5) 68 Stat. 10 section 2(b) of Pub. L. 8736 Feb. 10, 1954 Pub. L. 8736,  2(d) Act July 24, 1946, ch. 600,  2 60 Stat. 654 act Feb. 10, 1954, ch. 6,  6 68 Stat. 14 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 Provided further July 24, 1946 Act Aug. 3, 1949, ch. 387,  2(c) 63 Stat. 495 act Aug. 29, 1950, ch. 848,  2 64 Stat. 578 Aug. 29, 1950 Aug. 29, 1950 South Carolina Pub. L. 89242,  1(b) Oct. 7, 1965 79 Stat. 951 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 South Dakota Pub. L. 85310 Sept. 7, 1957 71 Stat. 631 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 Act Feb. 10, 1954, ch. 6,  2(b)(3) 68 Stat. 10 Pub. L. 85310 Sept. 7, 1957 71 Stat. 631 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 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 act Feb. 10, 1954, ch. 6,  2(b)(11) 68 Stat. 11 Feb. 10, 1954 Feb. 10, 1954 Aug. 3, 1949 Feb. 10, 1954 Utah Act Feb. 10, 1954, ch. 6,  2(b)(6) 68 Stat. 11 section 2(b) of Pub. L. 8736 Feb. 10, 1954 Pub. L. 8736,  2(d) Virgin Islands Pub. L. 91272,  3(a) June 2, 1970 84 Stat. 296 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. 95486,  1(b) Oct. 20, 1978 92 Stat. 1630 The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 Pub. L. 8736,  2(c) May 19, 1961 75 Stat. 81 The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 Pub. L. 8736 West Virginia Pub. L. 97471,  2 Jan. 14, 1983 96 Stat. 2601  (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. 95486 92 Stat. 1632 28 U.S.C. 133 Jan. 14, 1983 section 133 of title 28 (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 act Feb. 10, 1954, ch. 6,  2(a)(2) 68 Stat. 9 Feb. 10, 1954 June 22, 1936 Feb. 10, 1954 Wisconsin Pub. L. 89372,  5(c) Mar. 18, 1966 80 Stat. 78 section 1(c) of Pub. L. 91272 June 2, 1970 84 Stat. 294 section 1(d) of Pub. L. 91272 Nomination of Women and Blacks to Federal Judgeships Pub. L. 95486,  8 Oct. 20, 1978 92 Stat. 1633  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 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 Nov. 8, 1978 May 5, 1981 section 1013 of Title 5  Executive Order No. 12097 Ex. Ord. No. 12097, Nov. 8, 1978 Feb. 25, 1986  134. Tenure and residence of district judges (a) The district judges shall hold office during good behavior. (b) Each district judge, except in the District of Columbia, the Southern District of New York, and the Eastern District of New York, shall reside in the district or one of the districts for which he is appointed. Each district judge of the Southern District of New York and the Eastern District of New York may reside within 20 miles of the district to which he or she is appointed. (c) If the public interest and the nature of the business of a district court require that a district judge should maintain his abode at or near a particular place for holding court in the district or within a particular part of the district the judicial council of the circuit may so declare and may make an appropriate order. If the district judges of such a district are unable to agree as to which of them shall maintain his abode at or near the place or within the area specified in such an order the judicial council of the circuit may decide which of them shall do so. ( June 25, 1948, ch. 646 62 Stat. 896 Aug. 3, 1949, ch. 387,  2(b)(1) 63 Stat. 495 Feb. 10, 1954, ch. 6,  2(b)(13)(a) 68 Stat. 12 Pub. L. 863,  9(c) Mar. 18, 1959 73 Stat. 8 Pub. L. 8736,  2(e)(3) May 19, 1961 75 Stat. 83 Pub. L. 89571,  1 Sept. 12, 1966 80 Stat. 764 Pub. L. 92208,  3(e) Dec. 18, 1971 85 Stat. 742 Pub. L. 104317, title VI,  607 Oct. 19, 1996 110 Stat. 3860  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  1 and section 863 of title 48 Apr. 12, 1900, ch. 191,  34 31 Stat. 84 Mar. 3, 1911, ch. 231,  1 36 Stat. 1087 Jan. 7, 1913 37 Stat. 648 July 30, 1914, ch. 216 38 Stat. 580 Mar. 2, 1917, ch. 145,  41 39 Stat. 965 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 Sept. 14, 1922, ch. 306,  1 42 Stat. 837 Mar. 26, 1938, ch. 51,  2 52 Stat. 118 Section consolidates the last paragraph of section 1 of title 28 section 863 of title 48 Provisions of section 1 of title 28 section 133 of this title A portion of section 863 of title 48 The exception in subsection (b) except in the District of Columbia conforms with the recent decision in U.S. ex. rel. Laughlin v. Eicher section 1 of title 28 section 44 of this title The clause in said last paragraph of section 1 of title 28 U.S. ex. rel. Laughlin v. Eicher section 1 of title 28 Editorial Notes Amendments 1996Subsec. (b). Pub. L. 104317 1971Subsec. (c). Pub. L. 92208 1966Subsec. (a). Pub. L. 89571 1961Subsec. (c). Pub. L. 8736 1959Subsec. (a). Pub. L. 863 1954Subsecs. (a) and (b) reenacted without change by act Feb. 10, 1954 Subsec. (c). Act Feb. 10, 1954 Subsecs. (d), (e). Act Feb. 10, 1954 1949Subsecs. (c) to (e). Act Aug. 3, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1971 Amendment Amendment by Pub. L. 92208 Dec. 18, 1971 section 3(f) of Pub. L. 92208 section 98 of this title Effective Date of 1959 Amendment Amendment by Pub. L. 863 section 133 of this title Aug. 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48 Tenure and Salary Rights of Judges in Puerto Rico in Office on September 12, 1966 Pub. L. 89571,  4 Sept. 12, 1966 80 Stat. 764 The amendments made by this section to sections 134 and 373 of title 28, United States Code, shall not affect the tenure of office or right to continue to receive salary after resignation, retirement, or failure of reappointment of any district judge for the district of Puerto Rico who is in office on the date of enactment of this Act [ Sept. 12, 1966 Applicability of Orders Under 1954 Amendment Act Feb. 10, 1954, ch. 6,  2(b)(13)(b) 68 Stat. 12 Orders made by the judicial councils of the circuits under the second sentence of subsection (c) of section 134 of Title 28 Feb. 10, 1954  135. Salaries of district judges  Each judge of a district court of the United States shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 ( 2 U.S.C. 351361 section 461 of this title ( June 25, 1948, ch. 646 62 Stat. 897 Mar. 2, 1955, ch. 9,  1(c) 69 Stat. 10 Pub. L. 88426, title IV,  403(c) Aug. 14, 1964 78 Stat. 434 Pub. L. 9482, title II,  205(b)(3) Aug. 9, 1975 89 Stat. 422  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  5, and District of Columbia Code, 1940 ed.,  11302 ( Mar. 3, 1911, ch. 231,  2 36 Stat. 1087 Feb. 25, 1919, ch. 29,  1 40 Stat. 1156 Dec. 13, 1926, ch. 6 44 Stat. 919 May 17, 1932, ch. 190 47 Stat. 158 July 31, 1946, ch. 704,  1 60 Stat. 716 Section consolidates section 5 of title 28 Chief judge, in the District of Columbia, was substituted for Chief Justice which appeared in section 11302 of the District of Columbia Code. (See revisers note under section 136 of this title Words to be paid in monthly installments were omitted, since the time of payment is a matter of administrative convenience. See 20 Comp. Gen. 834. The provision of section 5 of title 28 section 101 of Title 48 section 5a of title 28 For salary of the district judge of Canal Zone district court, see section 1348 of title 48 Changes were made in phraseology. Editorial Notes  References in Text Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90206 Dec. 16, 1967 81 Stat. 642 Amendments 1975 Pub. L. 9482 section 461 of this title 1964 Pub. L. 88426 1955Act Mar. 2, 1955 Statutory Notes and Related Subsidiaries Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426 Effective Date of 1955 Amendment Amendment by act Mar. 2, 1955 Mar. 1, 1955 Mar. 2, 1955 section 4501 of Title 2 Statutory Notes and Executive Documents Salary Increases For adjustment of salaries of district judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5 For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2 For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5 Salary of chief judge of District Court for District of Columbia increased from $10,500 to $15,500 a year, and salaries of all other district court judges increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704,  1 60 Stat. 716 Salary of chief judge of District Court of District of Columbia increased from $7,500 to $10,500 a year, and salaries of all other district court judges increased from $7,500 to $10,000 a year by act Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Salaries of district court judges increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29,  1 40 Stat. 1156 Salaries of chief justice and associate justices of Supreme Court of District of Columbia, forerunner of District Court for District of Columbia, were set at $5,000 by act Mar. 3, 1901, ch. 854,  1 30 Stat. 1199 act Feb. 25, 1919, ch. 29,  1 40 Stat. 1156 Salaries of district court judges set at $6,000 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231,  1 36 Stat. 1087  136. Chief judges; precedence of district judges (a) (1) In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who (A) are sixty-four years of age or under; (B) have served for one year or more as a district judge; and (C) have not served previously as chief judge. (2) (A) In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no district judge in regular active service who has served as a district judge for one year or more, the district judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. (3) (A) Except as provided in subparagraph (C), the chief judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the district. (B) Except as provided in subparagraph (C), a district judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). (C) No district judge may serve or act as chief judge of the district after attaining the age of seventy years unless no other district judge is qualified to serve as chief judge of the district under paragraph (1) or is qualified to act as chief judge under paragraph (2). (b) The chief judge shall have precedence and preside at any session which he attends. Other district judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. (c) A judge whose commission extends over more than one district shall be junior to all district judges except in the district in which he resided at the time he entered upon the duties of his office. (d) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as district judge, he may so certify to the Chief Justice of the United States, and thereafter, the chief judge of the district shall be such other district judge who is qualified to serve or act as chief judge under subsection (a). (e) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the district judge in active service, present in the district and able and qualified to act, who is next in precedence. ( June 25, 1948, ch. 646 62 Stat. 897 Oct. 31, 1951, ch. 655,  37 65 Stat. 723 Pub. L. 85593,  2 Aug. 6, 1958 72 Stat. 497 Pub. L. 97164, title II,  202 Apr. 2, 1982 96 Stat. 52  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  375 and District of Columbia Code, 1940 ed.,  11301 ( Mar. 3, 1901, ch. 854 31 Stat. 1199 Mar. 3, 1911, ch. 231,  260 36 Stat. 1161 Mar. 3, 1911, ch. 231,  289 32 Stat. 1167 Feb. 25, 1919, ch. 29,  6 40 Stat. 1157 Dec. 20, 1928, ch. 41 45 Stat. 1056 Mar. 1, 1929, ch. 419 45 Stat. 1422 June 19, 1930, ch. 537 46 Stat. 785 May 31, 1938, ch. 290,  5 52 Stat. 584 Section consolidates portions of section 375 of title 28 section 133 of this title Subsection (a), providing for a chief judge is new. Such term replaces the terms senior district judge, and Chief Justice of the District Court in the District of Columbia. It is employed in view of the great increase of administrative duties of such judge. The use of the term chief judge with respect to the District of Columbia will result in uniform nomenclature for all district courts. The district judges of that court have expressed approval of such designation. The provision in said section 11301 of the District of Columbia Code, 1940 ed., that the Chief Justice shall be appointed by the President, by and with the advice and consent of the Senate, was omitted for the purpose of establishing a uniform method of creating the position of chief judge in all districts. The District of Columbia is expressly made a judicial district by section 88 of this title Subsection (b) is new and conforms with similar provisions respecting associate justices of the Supreme Court and circuit judges in sections 4 and 45 of this title. Subsection (c) is from the proviso in the second paragraph of section 375 of title 28 Subsections (d) and (e) are new, and conform with section 44 of this title The official status of the Chief Justice of the District Court for the District of Columbia holding office at the effective date of this act is preserved by section 2 of the bill to enact revised title 28. Editorial Notes Amendments 1982Subsec. (a). Pub. L. 97164,  202(a) Subsec. (d). Pub. L. 97164,  202(b) 1958Subsec. (a). Pub. L. 85593 1951Subsec. (a). Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1958 Amendment Amendment by Pub. L. 85593 Aug. 6, 1958 section 3 of Pub. L. 85593 section 45 of this title Savings Provision Amendment by Pub. L. 97164 Pub. L. 97164 Oct. 1, 1982 Pub. L. 97164 Oct. 1, 1982 section 203 of Pub. L. 97164 section 45 of this title  137. Division of business among district judges (a)  In General The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court. The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders. (b)  Random Assignment of Rate Court Proceedings. (1)  In general. (A)  Definition In this paragraph, the term performing rights society has the meaning given the term in section 101 of title 17 (B)  Determination of license fee Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to (i) a judge to whom continuing jurisdiction over any performing rights society for any performing rights society consent decree is assigned or has previously been assigned; or (ii) a judge to whom another proceeding concerning an application for the determination of a reasonable license fee is assigned at the time of the filing of the application. (C)  Exception Subparagraph (B) does not apply to an application to determine reasonable license fees made by individual proprietors under section 513 of title 17 (2)  Rule of construction Nothing in paragraph (1) shall modify the rights of any party to a consent decree or to a proceeding to determine reasonable license fees, to make an application for the construction of any provision of the applicable consent decree. Such application shall be referred to the judge to whom continuing jurisdiction over the applicable consent decree is currently assigned. If any such application is made in connection with a rate proceeding, such rate proceeding shall be stayed until the final determination of the construction application. Disputes in connection with a rate proceeding about whether a licensee is similarly situated to another licensee shall not be subject to referral to the judge with continuing jurisdiction over the applicable consent decree. ( June 25, 1948, ch. 646 62 Stat. 897 Pub. L. 115264, title I,  104 Oct. 11, 2018 132 Stat. 3726  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  27 ( Mar. 3, 1911, ch. 231,  23 36 Stat. 1090 Section was rewritten and the practice simplified. It provided for division of business and assignment of cases by agreement of judges and, in case of inability to agree, that the senior circuit judge of the circuit should make necessary orders. The revised section is consistent with section 332 of this title Editorial Notes Amendments 2018 Pub. L. 115264 Statutory Notes and Related Subsidiaries Pilot Program in Certain District Courts Pub. L. 111349 Jan. 4, 2011 124 Stat. 3674  (a)  Establishment. (1)  In general There is established a program, in each of the United States district courts designated under subsection (b), under which (A) those district judges of that district court who request to hear cases under which 1 or more issues arising under any Act of Congress relating to patents or plant variety protection are required to be decided, are designated by the chief judge of the court to hear those cases; (B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A); (C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and (D) a case declined under subparagraph (C) is randomly reassigned to 1 of those judges of the court designated under subparagraph (A). (2)  Senior judges Senior judges of a district court may be designated under paragraph (1)(A) if at least 1 judge of the court in regular active service is also so designated. (3)  Right to transfer cases preserved This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court. (b)  Designation. (1)  In general Not later than 6 months after the date of the enactment of this Act [ Jan. 4, 2011 (2)  Criteria for designations. (A)  In general The Director shall make designations under paragraph (1) from (i) the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended; or (ii) the district courts that have adopted, or certified to the Director the intention to adopt, local rules for patent and plant variety protection cases. (B)  Selection of courts From amongst the district courts that satisfy the criteria for designation under this subsection, the Director shall select (i) 3 district courts that each have at least 10 district judges authorized to be appointed by the President, whether under section 133(a) of title 28 (ii) 3 district courts that each have fewer than 10 district judges authorized to be appointed by the President, whether under section 133(a) of title 28 (c)  Duration The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b). (d)  Applicability The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation. (e)  Reports to Congress. (1)  In general At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include (A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated; (B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; (C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to (i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and (ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered; (D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and (E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts. (2)  Timetable for reports The times referred to in paragraph (1) are (A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and (B) not later than 5 years after the date described in subparagraph (A). (3)  Periodic reports The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A) through (E) of paragraph (1).  138. Terms abolished  The district court shall not hold formal terms. ( June 25, 1948, ch. 646 62 Stat. 897 Pub. L. 88139,  1 Oct. 16, 1963 77 Stat. 248  Historical and Revision Notes This section was substituted for a number of special provisions fixing stated times for holding terms of court in the several districts, in order to vest in the courts wider discretion and promote greater efficiency in the administration of the business of such courts. Editorial Notes Amendments 1963 Pub. L. 88139  139. Times for holding regular sessions  The times for commencing regular sessions of the district court for transacting judicial business at the places fixed by this chapter shall be determined by the rules or orders of the court. Such rules or orders may provide that at one or more of such places the court shall be in continuous session for such purposes on all business days throughout the year. At other places a session of the court shall continue for such purposes until terminated by order of final adjournment or by commencement of the next regular session at the same place. ( June 25, 1948, ch. 646 62 Stat. 897 Pub. L. 88139,  1 Oct. 16, 1963 77 Stat. 248  Historical and Revision Notes The purpose of this section is to remove all doubt as to whether the mere beginning of a new term at one place ends a prior term begun at another place. As revised, it conforms to a uniform course of judicial decisions. See U.S. v. Perlstein Editorial Notes Amendments 1963 Pub. L. 88139  140. Adjournment (a) Any district court may, by order made anywhere within its district, adjourn or, with the consent of the judicial council of the circuit, pretermit any regular session of court for insufficient business or other good cause. (b) If the judge of a district court is unable to attend and unable to make an order of adjournment, the clerk may adjourn the court to the next regular session or to any earlier day which he may determine. ( June 25, 1948, ch. 646 62 Stat. 897 Pub. L. 88139,  1 Oct. 16, 1963 77 Stat. 248  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  16, 146, 182 ( Mar. 3, 1911, ch. 231 36 Stat. 1088 June 12, 1916, ch. 143 39 Stat. 225 Feb. 20, 1917, ch. 102 39 Stat. 927 June 13, 1918, ch. 98 40 Stat. 604 Feb. 26, 1919, ch. 54 40 Stat. 1184 May 29, 1924, ch. 209 43 Stat. 243 June 5, 1924, ch. 259 43 Stat. 387 Jan. 10, 1925 43 Stat. 730 Feb. 16, 1925, ch. 233,  1 43 Stat. 945 May 7, 1926, ch. 255 44 Stat. 408 Apr. 21, 1928, ch. 395 45 Stat. 440 Mar. 2, 1929, ch. 539 45 Stat. 1518 June 28, 1930, ch. 714 46 Stat. 829 May 13, 1936, ch. 386 49 Stat. 1271 Aug. 12, 1937, ch. 595 50 Stat. 625 Section consolidates section 16 with the third sentence of section 146, and the final proviso in the third paragraph of section 182, all of title 28, U.S.C., 1940 ed. Said section 16 of title 28 The revised section broadens these provisions, and vests discretionary power in the court, by order made anywhere within the district, to adjourn any term of court for insufficient business or other good cause. To establish uniformity, the special provisions relating to Colorado and Oklahoma were omitted. Other provisions of said sections 146 and 182 of title 28, U.S.C., 1940 ed., are incorporated in sections 85 and 116 of this title. The provision of subsection (a) authorizing the district court, with the consent of the judicial council of the circuit, to pretermit any term of court for insufficient business or other good cause, is inserted to obviate the expense and inconvenience of convening and adjourning a term for which no need exists. Editorial Notes Amendments 1963Subsecs. (a), (b). Pub. L. 88139  141. Special sessions; places; notice (a) (1) Special sessions of the district court may be held at such places in the district as the nature of the business may require, and upon such notice as the court orders. (2) Any business may be transacted at a special session which might be transacted at a regular session. (b) (1) Special sessions of the district court may be held at such places within the United States outside the district as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the district court) or the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where such special sessions could be held. (2) Pursuant to this subsection, any business which may be transacted at a regular session of a district court may be transacted at a special session conducted outside the district, except that a criminal trial may not be conducted at a special session outside the State in which the crime has been committed unless the defendant consents to such a criminal trial. (3) Notwithstanding any other provision of law, in any case in which special sessions are conducted pursuant to this section, the district court may summon jurors (A) in civil proceedings, from any part of the district in which the court ordinarily conducts business or the district in which it is holding a special session; and (B) in criminal trials, from any part of the district in which the crime has been committed and, if the defendant so consents, from any district in which the court is conducting business pursuant to this section. (4) If a district court issues an order exercising its authority under paragraph (1), the court (A) through the Administrative Office of the United States Courts, shall (i) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (ii) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including (I) the reasons for the issuance of such order; (II) the duration of such order; (III) the impact of such order on litigants; and (IV) the costs to the judiciary resulting from such order; and (B) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order. (5) If a district court issues an order exercising its authority under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in sections 4282 and 4285 of title 18. ( June 25, 1948, ch. 646 62 Stat. 897 Pub. L. 88139,  1 Oct. 16, 1963 77 Stat. 248 Pub. L. 10963,  2(b) Sept. 9, 2005 119 Stat. 1994 Pub. L. 109162, title XI,  1198(a) Jan. 5, 2006 119 Stat. 3132  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  15 ( Mar. 3, 1911, ch. 231,  11 36 Stat. 1089 Section was rewritten to include provision that notice of special terms should conform to rules approved by the judicial council of the circuit, thus insuring a uniform practice among the courts for convening special terms. Changes of phraseology were made. Editorial Notes Amendments 2006Subsec. (b)(5). Pub. L. 109162 2005 Pub. L. 10963 1963 Pub. L. 88139 [ 142. Repealed. Pub. L. 97164, title I,  115(c)(3) Apr. 2, 1982 96 Stat. 32   Section, acts June 25, 1948, ch. 646 62 Stat. 898 Oct. 9, 1962 Pub. L. 87764 76 Stat. 762 Nov. 19, 1977 Pub. L. 95196 91 Stat. 1420 section 462 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Waiver of Limitations and Restrictions The limitations and restrictions contained in this section prior to its repeal were waived with respect to the holding of court at certain places by the following Acts: Pub. L. 87833 Oct. 15, 1962 76 Stat. 959 Pub. L. 87699 Sept. 25, 1962 76 Stat. 598 Pub. L. 87562,  4 July 30, 1962 76 Stat. 248 Pub. L. 87560 July 27, 1962 76 Stat. 247 Pub. L. 87559 July 27, 1962 76 Stat. 246 Pub. L. 87553 July 27, 1962 76 Stat. 222 Pub. L. 87551 July 27, 1962 76 Stat. 221 Pub. L. 87337 Oct. 3, 1961 75 Stat. 750 Pub. L. 8736,  3(g) May 19, 1961 75 Stat. 83 Pub. L. 86366 Sept. 22, 1959 73 Stat. 647 Act July 20, 1956, ch. 657 70 Stat. 594 Act Sept. 23, 1950, ch. 1006 64 Stat. 982 Act Aug. 21, 1950, ch. 767 64 Stat. 469 Act Aug. 10, 1950, ch. 675,  2 64 Stat. 438 Act Oct. 26, 1949, ch. 744 63 Stat. 923 Act Oct. 26, 1949, ch. 740 63 Stat. 921  143. Vacant judgeship as affecting proceedings  When the office of a district judge becomes vacant, all pending process, pleadings and proceedings shall, when necessary, be continued by the clerk until a judge is appointed or designated to hold such court. ( June 25, 1948, ch. 646 62 Stat. 898  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  26 ( Mar. 3, 1911, ch. 231,  22 36 Stat. 1090 The last clause of section 26 of title 28 section 296 of this title Minor changes were made in phraseology.  144. Bias or prejudice of judge  Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding. The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith. ( June 25, 1948, ch. 646 62 Stat. 898 May 24, 1949, ch. 139,  65 63 Stat. 99  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  25 ( Mar. 3, 1911, ch. 231,  21 36 Stat. 1090 The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section 291 et seq. and section 455 of this title Words, at which the proceeding is to be heard, were added to clarify the meaning of words, before the beginning of the term. (See U.S. v. Costea Changes were made in phraseology and arrangement. 1949 Act This amendment clarifies the intent in section 144 of title 28 Editorial Notes Amendments 1949Act May. 24, 1949, substituted in any case for as to any judge in second sentence of second par. Statutory Notes and Related Subsidiaries Abolition of Terms For abolition of formal terms of the court and replacement by sessions, see sections 138 and 139 of this title. CHAPTER 6 BANKRUPTCY JUDGES    Sec.  151. Designation of bankruptcy courts.  152. Appointment of bankruptcy judges.  153. Salaries; character of service.  154. Division of business; chief judge. 1 1  155. Temporary transfer of bankruptcy judges.  156. Staff; expenses.  157. Procedures.  158. Appeals.  159. Bankruptcy statistics.  Editorial Notes Amendments 2005 Pub. L. 1098, title VI,  601(b) Apr. 20, 2005 119 Stat. 120 Prior Provisions A prior chapter 6, consisting of sections 151 to 160, which was added by Pub. L. 95598, title II,  201(a) Nov. 6, 1978 92 Stat. 2657 Pub. L. 97164, title I,  110(d) Apr. 2, 1982 96 Stat. 29 section 402(b) of Pub. L. 95598 section 101 of Title 11 Statutory Notes and Related Subsidiaries Courts During Transition Pub. L. 95598, title IV,  404 Nov. 6, 1978 92 Stat. 2683 Pub. L. 98249,  1(b) Mar. 31, 1984 98 Stat. 116 Pub. L. 98271,  1(b) Apr. 30, 1984 98 Stat. 163 Pub. L. 98299,  1(b) May 25, 1984 98 Stat. 214 Pub. L. 98325,  1(b) June 20, 1984 98 Stat. 268 Pub. L. 98353, title I,  121(b) July 10, 1984 98 Stat. 345 Pub. L. 95598 Pub. L. 95598 Sept. 30, 1979 Oct. 1, 1979 July 9, 1984 Nov. 6, 1978 Pub. L. 98353, title I July 10, 1984 98 Stat. 343 July 10, 1984 Transition Study Pub. L. 95598, title IV,  406 Nov. 6, 1978 92 Stat. 2686 Pub. L. 98249,  1(c) Mar. 31, 1984 98 Stat. 116 Pub. L. 98271,  1(c) Apr. 30, 1984 98 Stat. 163 Pub. L. 98299,  1(c) May 25, 1984 98 Stat. 214 Pub. L. 98325,  1(c) June 20, 1984 98 Stat. 268 Pub. L. 98353, title I,  121(c) July 10, 1984 98 Stat. 346 Oct. 1, 1979 July 9, 1984 July 9, 1984 Jan. 3, 1983 July 9, 1984 Pub. L. 98353, title I July 10, 1984 98 Stat. 343 July 10, 1984 Judicial Administration During Transition Pub. L. 95598, title IV,  407 Nov. 6, 1978 92 Stat. 2686 section 332 of this title Pub. L. 98353, title I July 10, 1984 98 Stat. 343 July 10, 1984 Extension and Termination of Term of Office of Bankruptcy Judge Serving on June 27, 1984 Pub. L. 98353, title I,  121(e) July 10, 1984 98 Stat. 346 The term of office of any bankruptcy judge who was serving on June 27, 1984 July 10, 1984 [ Section 121(e) of Pub. L. 98353 June 27, 1984 section 122(c) of Pub. L. 98353 section 151 of this title For prior extensions of the term of office of bankruptcy judges see: Pub. L. 98325,  2 June 20, 1984 98 Stat. 268 Pub. L. 98299,  2 May 25, 1984 98 Stat. 214 Pub. L. 98271,  2 Apr. 30, 1984 98 Stat. 163 Pub. L. 98249,  2 Mar. 31, 1984 98 Stat. 116  151. Designation of bankruptcy courts  In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bankruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, except as otherwise provided by law or by rule or order of the district court. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 336  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 98353, title I,  122 July 10, 1984 98 Stat. 346  (a) Except as otherwise provided in this section, this title and the amendments made by this title [enacting this chapter and sections 1408 to 1412 and 1452 of this title, amending sections 372, 634, 957, 1334, 1360, and 1930 of this title, sections 8331, 8334, 8336, 8339, 8341, and 8344 of Title 5, Government Organization and Employees, and section 105 of Title 11 section 151 of this title section 8331 of Title 5 section 101 of Title 11 July 10, 1984 (b)  Section 1334(c)(2) of title 28 section 1411(a) of title 28 July 10, 1984 (c) Sections 108(b) [enacting provisions set out as a note under section 634 of this title section 101 of Title 11 section 151 of this title June 27, 1984 Short Title of 1984 Amendment Pub. L. 98353,  1 July 10, 1984 98 Stat. 333 That this Act [enacting this chapter and sections 1408 to 1412 and 1452 of this title and sections 557 to 559 and 1113 of Title 11, Bankruptcy, amending sections 44, 98, 131, 133, 371, 372, 634, 957, 1334, 1360, and 1930 of this title, sections 8331, 8334, 8336, 8339, 8341, 8344, 8701, 8706, 8714a, and 8714b of Title 5, Government Organization and Employees, and sections 101 to 103, 105, 108, 109, 303, 321, 322, 326 to 330, 342, 343, 345, 346, 349, 350, 361 to 363, 365, 366, 501 to 503, 505 to 507, 509, 510, 521 to 525, 541 to 550, 552 to 555, 702 to 704, 707, 723 to 728, 741, 745, 752, 761, 763 to 766, 901 to 903, 921, 922, 927, 943, 945, 1102, 1103, 1105 to 1108, 1112, 1121, 1123 to 1127, 1129, 1141, 1142, 1144 to 1146, 1166, 1168 to 1171, 1173, 1301, 1302, 1304, 1307, 1322, 1324 to 1326, 1328, 1329, 15103, and 151302 of Title 11, enacting provisions set out as notes preceding section 151 of this title section 101 of Title 11 section 101 of Title 11 Separability Pub. L. 98353, title I,  119 July 10, 1984 98 Stat. 344 If any provision of this Act [see Short Title of 1984 Amendment note above] or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby.  152. Appointment of bankruptcy judges (a) (1) Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located. Such appointments shall be made after considering the recommendations of the Judicial Conference submitted pursuant to subsection (b). Each bankruptcy judge shall be appointed for a term of fourteen years, subject to the provisions of subsection (e). However, upon the expiration of the term, a bankruptcy judge may, with the approval of the judicial council of the circuit, continue to perform the duties of the office until the earlier of the date which is 180 days after the expiration of the term or the date of the appointment of a successor. Bankruptcy judges shall serve as judicial officers of the United States district court established under Article III of the Constitution. (2) The bankruptcy judges appointed pursuant to this section shall be appointed for the several judicial districts as follows:     Districts Judges  Alabama: Northern 5 Middle 2 Southern 2 Alaska 2 Arizona 7 Arkansas: Eastern and Western 3 California: Northern 9 Eastern 6 Central 21 Southern 4 Colorado 5 Connecticut 3 Delaware 1 District of Columbia 1 Florida: Northern 1 Middle 8 Southern 5 Georgia: Northern 8 Middle 3 Southern 2 Hawaii 1 Idaho 2 Illinois: Northern 10 Central 3 Southern 1 Indiana: Northern 3 Southern 4 Iowa: Northern 2 Southern 2 Kansas 4 Kentucky: Eastern 2 Western 3 Louisiana: Eastern 2 Middle 1 Western 3 Maine 2 Maryland 4 Massachusetts 5 Michigan: Eastern 4 Western 3 Minnesota 4 Mississippi: Northern 1 Southern 2 Missouri: Eastern 3 Western 3 Montana 1 Nebraska 2 Nevada 3 New Hampshire 1 New Jersey 8 New Mexico 2 New York: Northern 2 Southern 9 Eastern 6 Western 3 North Carolina: Eastern 2 Middle 2 Western 2 North Dakota 1 Ohio: Northern 8 Southern 7 Oklahoma: Northern 2 Eastern 1 Western 3 Oregon 5 Pennsylvania: Eastern 5 Middle 2 Western 4 Puerto Rico 2 Rhode Island 1 South Carolina 2 South Dakota 2 Tennessee: Eastern 3 Middle 3 Western 4 Texas: Northern 6 Eastern 2 Southern 6 Western 4 Utah 3 Vermont 1 Virginia: Eastern 5 Western 3 Washington: Eastern 2 Western 5 West Virginia: Northern 1 Southern 1 Wisconsin: Eastern 4 Western 2 Wyoming 1. (3) Whenever a majority of the judges of any court of appeals cannot agree upon the appointment of a bankruptcy judge, the chief judge of such court shall make such appointment. (4) The judges of the district courts for the territories shall serve as the bankruptcy judges for such courts. The United States court of appeals for the circuit within which such a territorial district court is located may appoint bankruptcy judges under this chapter for such district if authorized to do so by the Congress of the United States under this section. (b) (1) The Judicial Conference of the United States shall, from time to time, and after considering the recommendations submitted by the Director of the Administrative Office of the United States Courts after such Director has consulted with the judicial council of the circuit involved, determine the official duty stations of bankruptcy judges and places of holding court. (2) The Judicial Conference shall, from time to time, submit recommendations to the Congress regarding the number of bankruptcy judges needed and the districts in which such judges are needed. (3) Not later than December 31, 1994 (c) (1) Each bankruptcy judge may hold court at such places within the judicial district, in addition to the official duty station of such judge, as the business of the court may require. (2) (A) Bankruptcy judges may hold court at such places within the United States outside the judicial district as the nature of the business of the court may require, and upon such notice as the court orders, upon a finding by either the chief judge of the bankruptcy court (or, if the chief judge is unavailable, the most senior available bankruptcy judge) or by the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where the bankruptcy judges could hold court. (B) Bankruptcy judges may transact any business at special sessions of court held outside the district pursuant to this paragraph that might be transacted at a regular session. (C) If a bankruptcy court issues an order exercising its authority under subparagraph (A), the court (i) through the Administrative Office of the United States Courts, shall (I) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (II) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including (aa) the reasons for the issuance of such order; (bb) the duration of such order; (cc) the impact of such order on litigants; and (dd) the costs to the judiciary resulting from such order; and (ii) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order. (d) With the approval of the Judicial Conference and of each of the judicial councils involved, a bankruptcy judge may be designated to serve in any district adjacent to or near the district for which such bankruptcy judge was appointed. (e) A bankruptcy judge may be removed during the term for which such bankruptcy judge is appointed, only for incompetence, misconduct, neglect of duty, or physical or mental disability and only by the judicial council of the circuit in which the judges official duty station is located. Removal may not occur unless a majority of all of the judges of such council concur in the order of removal. Before any order of removal may be entered, a full specification of charges shall be furnished to such bankruptcy judge who shall be accorded an opportunity to be heard on such charges. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 336 Pub. L. 99554, title I,  101 Oct. 27, 1986 100 Stat. 3088 Pub. L. 100587 Nov. 3, 1988 102 Stat. 2982 Pub. L. 101650, title III,  304 Dec. 1, 1990 104 Stat. 5105 Pub. L. 102361 Aug. 26, 1992 106 Stat. 965 Pub. L. 1098, title XII,  1223(d) Apr. 20, 2005 119 Stat. 198 Pub. L. 10963,  2(c) Sept. 9, 2005 119 Stat. 1994  Editorial Notes Amendments 2005Subsec. (a)(1). Pub. L. 1098,  1223(d)(1) Subsec. (a)(2). Pub. L. 1098,  1223(d)(2) Subsec. (c). Pub. L. 10963 1992Subsec. (a)(2). Pub. L. 102361,  2 Subsec. (b)(3). Pub. L. 102361,  4 1990Subsec. (a)(1). Pub. L. 101650 1988Subsec. (a)(2). Pub. L. 100587 1986Subsec. (a)(2). Pub. L. 99554 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Pub. L. 1098, title XII,  1223(e) Apr. 20, 2005 119 Stat. 198 The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [ Apr. 20, 2005 Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(b) of Pub. L. 99554 section 581 of this title Subsequent Reauthorization Pub. L. 112121,  4 May 25, 2012 126 Stat. 349 Prior to further reauthorization of any judgeship authorized by this Act [See Short Title of 2012 Amendment note set out under section 1 of this title Temporary Appointment of Additional Judges Pub. L. 116325,  4 Jan. 12, 2021 134 Stat. 5089  (a)  Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of (1)  Extensions The temporary office of bankruptcy judges authorized by section 1003(a) of the Bankruptcy Judgeship Act of 2017 [ Pub. L. 11572 28 U.S.C. 152 (2)  Vacancies. (A)  District of delaware The 1st and 2d vacancies in the office of a bankruptcy judge for the district of Delaware (i) occurring 5 years or more after the date established by section 1003(b)(1) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  Eastern district of michigan The 1st vacancy in the office of a bankruptcy judge for the eastern district of Michigan (i) occurring 5 years or more after the date established by section 1003(b)(3) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 1003 of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (b)  Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of and Extended by the Temporary Bankruptcy Judgeships Extension Act of and the Bankruptcy Judgeship Act of (1)  Extensions The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of the Bankruptcy Judgeship Act of 2005 [ Pub. L. 1098 28 U.S.C. 152 Pub. L. 112121 28 U.S.C. 152 Pub. L. 11572 28 U.S.C. 152 (A) The district of Delaware. (B) The southern district of Florida. (C) The district of Maryland. (D) The eastern district of Michigan. (E) The district of Nevada. (F) The eastern district of North Carolina. (G) The district of Puerto Rico. (H) The eastern district of Virginia. (2)  Vacancies. (A)  Single vacancies Except as provided in subparagraphs (B), (C), (D), (E), and (F), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1) (i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  District of delaware The 3d, 4th, 5th, and 6th vacancies in the office of a bankruptcy judge for the district of Delaware (i) occurring 5 years or more after the date established by section 1002(a)(2) of Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (C)  Southern district of florida The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida (i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (D)  District of maryland The 1st vacancy in the office of a bankruptcy judge for the district of Maryland (i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (E)  Eastern district of michigan The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan (i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (F)  District of puerto rico The 1st vacancy in the office of a bankruptcy judge for the district of Puerto Rico (i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 1223 of the Bankruptcy Judgeship Act of 2005 ( 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 (c)  Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of and Extended by the Temporary Bankruptcy Judgeships Extension Act of (1)  Extensions The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of the Bankruptcy Judgeship Act of 2005 [ Pub. L. 1098 28 U.S.C. 152 Pub. L. 112121 28 U.S.C. 152 (A) The southern district of Georgia. (B) The district of Maryland. (C) The district of New Jersey. (D) The northern district of New York. (E) The district of South Carolina. (2)  Vacancies. (A)  Single vacancies Except as provided in subparagraph (B), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1) (i) occurring 5 years or more after the date of the enactment of this Act [ Jan. 12, 2021 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  District of maryland The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland (i) occurring 5 years or more after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 1223 of the Bankruptcy Judgeship Act of 2005 ( 28 U.S.C. 152 28 U.S.C. 152 (d)  Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of and Extended by the Bankruptcy Judgeship Act of , the Temporary Bankruptcy Judgeships Extension Act of , and the Bankruptcy Judgeship Act of (1)  Extensions The temporary office of bankruptcy judges authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 Pub. L. 1098 28 U.S.C. 152 Pub. L. 112121 28 U.S.C. 152 Pub. L. 11572 28 U.S.C. 152 (2)  Vacancies. (A)  District of delaware The 7th vacancy in the office of a bankruptcy judge for the district of Delaware (i) occurring 5 years or more after the date established by section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  District of puerto rico The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico (i) occurring 5 years or more after the date established by section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017 ( 28 U.S.C. 152 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 (e)  Temporary Office of Bankruptcy Judge Authorized by the Bankruptcy Judgeship Act of and Extended by the Bankruptcy Judgeship Act of and the Temporary Bankruptcy Judgeships Extension Act of (1)  Extensions The temporary office of bankruptcy judge authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 Pub. L. 1098 28 U.S.C. 152 Pub. L. 112121 28 U.S.C. 152 (2)  Vacancy The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee (A) occurring 5 years or more after the date of the enactment of this Act [ Jan. 12, 2021 (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 (f)  Temporary Office of Bankruptcy Judge Authorized by the Bankruptcy Judgeship Act of and Extended by the Temporary Bankruptcy Judgeships Extension Act of (1)  Extensions The temporary office of bankruptcy judge authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 Pub. L. 112121 28 U.S.C. 152 (2)  Vacancy The 1st vacancy in the office of a bankruptcy judge for the middle district of North Carolina (A) occurring 5 years or more after the date of the enactment of this Act [ Jan. 12, 2021 (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 Pub. L. 11572, div. B,  1002 Oct. 26, 2017 131 Stat. 1229  (a)  Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of (1)  Extensions The temporary office of bankruptcy judges authorized for the following districts by subsection (b) of the Bankruptcy Judgeship Act of 2005 [ section 1223 of Pub. L. 1098 28 U.S.C. 152 (A) The district of Delaware. (B) The southern district of Florida. (C) The district of Maryland. (D) The eastern district of Michigan. (E) The district of Nevada. (F) The eastern district of North Carolina. (G) The district of Puerto Rico. (H) The eastern district of Virginia. (2)  Vacancies. (A)  Single vacancies Except as provided in subparagraphs (B), (C), and (D), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1) (i) occurring more than 5 years after the date of the enactment of this Act [ Oct. 26, 2017 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  District of delaware The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware (i) occurring 5 years or more after the date of the enactment of this Act; and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (C)  District of maryland. (i) The 1st vacancy in the office of a bankruptcy judge for the district of Maryland (I) occurring more than 5 years after the date of the enactment of this Act; and (II) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (ii) The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (D)  Southern district of florida The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida (i) occurring more than 5 years after the date of the enactment of this Act; and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of provisions Except as provided in paragraphs (1) and (2), all other provisions of subsection (b) of the Bankruptcy Judgeship Act of 2005 ( 28 U.S.C. 152 Pub. L. 112121 28 U.S.C. 152 (b)  Temporary Office of Bankruptcy Judges Extended by the Bankruptcy Judgeship Act of (1)  Extensions The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 (2)  Vacancies. (A)  District of delaware The 5th vacancy in the office of a bankruptcy judge for the district of Delaware (i) occurring more than 5 years after the date of the enactment of this Act [ Oct. 26, 2017 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  District of puerto rico The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico (i) occurring more than 5 years after the date of the enactment of this Act; and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 28 U.S.C. 152 28 U.S.C. 152 Pub. L. 11572, div. B,  1003 Oct. 26, 2017 131 Stat. 1231  (a)  Appointments The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28 (1) Two additional bankruptcy judges for the district of Delaware. (2) One additional bankruptcy judge for the middle district of Florida. (3) One additional bankruptcy judge for the eastern district of Michigan. (b)  Vacancies. (1)  District of delaware The 6th and 7th vacancies in the office of a bankruptcy judge for the district of Delaware (A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(1) to such office; and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (2)  Middle district of florida The 1st vacancy in the office of a bankruptcy judge for the middle district of Florida (A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(2) to such office; and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Eastern district of michigan The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan (A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(3) to such office; and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. Pub. L. 112121,  2 May 25, 2012 126 Stat. 346 Pub. L. 11531, div. E, title III,  307 May 5, 2017 131 Stat. 347 Pub. L. 116159, div. A,  139 Oct. 1, 2020 134 Stat. 717  (a)  Temporary Office of Bankruptcy Judges Authorized by Public Law (1)  Extensions The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of Public Law 1098 28 U.S.C. 152 (A) The central district of California. (B) The eastern district of California. (C) The district of Delaware. (D) The southern district of Florida. (E) The southern district of Georgia. (F) The district of Maryland. (G) The eastern district of Michigan. (H) The district of New Jersey. (I) The northern district of New York. (J) The eastern district of North Carolina. (K) The eastern district of Pennsylvania. (L) The middle district of Pennsylvania. (M) The district of Puerto Rico. (N) The district of South Carolina. (O) The western district of Tennessee. (P) The eastern district of Virginia. (Q) The district of Nevada. (2)  Vacancies. (A)  Single vacancies Except as provided in subparagraphs (B), (C), (D), (E), (F), (G), and (H), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1) (i) occurring more than 5 years after the date of the enactment of this Act [ May 25, 2012 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  Central district of california The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the central district of California (i) occurring 5 years or more after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (C)  District of delaware The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware (i) in the case of the 1st and 2d vacancies, occurring more than 6 years after the date of the enactment of this Act, (ii) in the case of the 3d and 4th vacancies, occurring more than 5 years after the date of the enactment of this Act, and (iii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (D)  Southern district of florida The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida (i) occurring more than 6 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (E)  District of maryland The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the district of Maryland (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (F)  Eastern district of michigan The 1st vacancy in the office of a bankruptcy judge for the eastern district of Michigan (i) occurring 6 years or more after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (G)  District of puerto rico The 1st vacancy in the office of a bankruptcy judge for the district of Puerto Rico (i) occurring 6 years or more after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (H)  Eastern district of virginia The 1st vacancy in the office of a bankruptcy judge for the eastern district of Virginia (i) occurring 6 years or more after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 1223(b) of Public Law 1098 28 U.S.C. 152 (b)  Temporary Office of Bankruptcy Judges Extended by Public Law (1)  Extensions The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 section 1223(c) of Public Law 1098 28 U.S.C. 152 (2)  Vacancies. (A)  District of delaware The 5th vacancy in the office of a bankruptcy judge for the district of Delaware (i) occurring more than 5 years after the date of the enactment of this Act [ May 25, 2012 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B)  District of puerto rico The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (C)  Eastern district of tennessee The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee (i) occurring more than 9 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 section 1223(c) of Public Law 1098 28 U.S.C. 152 (c)  Temporary Office of the Bankruptcy Judge Authorized by Public Law (1)  Extension The temporary office of the bankruptcy judge authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 (2)  Vacancy The 1st vacancy in the office of a bankruptcy judge for the middle district of North Carolina (A) occurring more than 5 years after the date of the enactment of this Act [ May 25, 2012 (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3)  Applicability of other provisions Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 Pub. L. 1098, title XII,  1223(b) Apr. 20, 2005 119 Stat. 196  (b)  Temporary Judgeships. (1)  Appointments The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28 (A) One additional bankruptcy judge for the eastern district of California. (B) Three additional bankruptcy judges for the central district of California. (C) Four additional bankruptcy judges for the district of Delaware. (D) Two additional bankruptcy judges for the southern district of Florida. (E) One additional bankruptcy judge for the southern district of Georgia. (F) Three additional bankruptcy judges for the district of Maryland. (G) One additional bankruptcy judge for the eastern district of Michigan. (H) One additional bankruptcy judge for the southern district of Mississippi. (I) One additional bankruptcy judge for the district of New Jersey. (J) One additional bankruptcy judge for the eastern district of New York. (K) One additional bankruptcy judge for the northern district of New York. (L) One additional bankruptcy judge for the southern district of New York. (M) One additional bankruptcy judge for the eastern district of North Carolina. (N) One additional bankruptcy judge for the eastern district of Pennsylvania. (O) One additional bankruptcy judge for the middle district of Pennsylvania. (P) One additional bankruptcy judge for the district of Puerto Rico. (Q) One additional bankruptcy judge for the western district of Tennessee. (R) One additional bankruptcy judge for the eastern district of Virginia. (S) One additional bankruptcy judge for the district of South Carolina. (T) One additional bankruptcy judge for the district of Nevada. (2)  Vacancies. (A)  Districts with single appointments Except as provided in subparagraphs (B), (C), (D), and (E), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1) (i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (B)  Central district of california The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the central district of California (i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(B); and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (C)  District of delaware The 1st, 2d, 3d, and 4th vacancies in the office of bankruptcy judge in the district of Delaware (i) occurring 5 years or more after the respective 1st, 2d, 3d, and 4th appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (D)  Southern district of florida The 1st and 2d vacancies in the office of bankruptcy judge in the southern district of Florida (i) occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under paragraph (1)(D); and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (E)  District of maryland The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the district of Maryland (i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (c)  Extensions. (1)  In general The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 [ Pub. L. 102361 28 U.S.C. 152 Apr. 20, 2005 (2)  Applicability of other provisions All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 ( 28 U.S.C. 152 Pub. L. 102361,  3 Aug. 26, 1992 106 Stat. 965 Pub. L. 104317, title III,  307 Oct. 19, 1996 110 Stat. 3852  (a)  Appointments The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28 (1) 1 additional bankruptcy judge for the northern district of Alabama. (2) 1 additional bankruptcy judge for the district of Colorado. (3) 1 additional bankruptcy judge for the district of Delaware. (4) 1 additional bankruptcy judge for the southern district of Illinois. (5) 1 additional bankruptcy judge for the district of New Hampshire. (6) 1 additional bankruptcy judge for the middle district of North Carolina. (7) 1 additional bankruptcy judge for the district of Puerto Rico. (8) 1 additional bankruptcy judge for the district of South Carolina. (9) 1 additional bankruptcy judge for the eastern district of Tennessee. (10) 1 additional bankruptcy judge for the western district of Texas. (b)  Vacancies The first vacancy in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a), resulting from the death, retirement, resignation, or removal of a bankruptcy judge, and occurring 5 years or more after the appointment date of the judge named to fill the temporary judgeship position, shall not be filled. In the case of a vacancy resulting from the expiration of the term of a bankruptcy judge not described in the preceding sentence, that judge shall be eligible for reappointment as a bankruptcy judge in that district. Extension and Termination of Term of Office of Part-Time Bankruptcy Judge Serving on July 2, 1986 Pub. L. 99349, title I July 2, 1986 100 Stat. 718 Notwithstanding the provisions of section 106(b)(1) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 [ section 106(b)(1) of Pub. L. 98353 July 2, 1986 December 31, 1986 Provided Extension and Termination of Term of Office of Bankruptcy Judge and Part-Time Bankruptcy Judge Serving on July 10, 1984 Pub. L. 98353, title I,  106 July 10, 1984 98 Stat. 342  (a) Notwithstanding section 152 of title 28 July 10, 1984 October 1, 1986 (b) (1) Notwithstanding section 153(a) of title 28 July 10, 1984 July 10, 1984 (2) Notwithstanding the provisions of section 153(b) of title 28 Appointment To Fill Vacancies; Nominations; Qualifications Pub. L. 98353, title I,  120 July 10, 1984 98 Stat. 344 Pub. L. 99554, title I,  102 Oct. 27, 1986 100 Stat. 3089 Pub. L. 104317, title III,  303 Oct. 19, 1996 110 Stat. 3852  (a) (1) Whenever a court of appeals is authorized to fill a vacancy that occurs on a bankruptcy court of the United States, such court of appeals shall appoint to fill that vacancy a person whose character, experience, ability, and impartiality qualify such person to serve in the Federal judiciary. (2) It is the sense of the Congress that the courts of appeals should consider for appointment under section 152 of title 28 July 10, 1984 (3) When filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under procedures prescribed by regulations issued by the Judicial Conference of the United States. (b) The judicial council of the circuit involved shall assist the court of appeals by evaluating potential nominees and by recommending to such court for consideration for appointment to each vacancy on the bankruptcy court persons who are qualified to be bankruptcy judges under regulations prescribed by the Judicial Conference of the United States. In the case of the first vacancy which arises after the date of the enactment of this Act [ July 10, 1984 (c) Before transmitting to the court of appeals the names of the persons the judicial council for the circuit deems best qualified to fill any existing vacancy, the judicial council shall have determined that (1) public notice of such vacancy has been given and an effort has been made, in the case of each such vacancy, to identify qualified candidates, without regard to race, color, sex, religion, or national origin, (2) such persons are members in good standing of at least one State bar, the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico, and members in good standing of every other bar of which they are members, (3) such persons possess, and have a reputation for, integrity and good character, (4) such persons are of sound physical and mental health, (5) such persons possess and have demonstrated commitment to equal justice under law, (6) such persons possess and have demonstrated outstanding legal ability and competence, as evidenced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal scholarship and writing, and familiarity with courts and court processes, and (7) such persons demeanor, character, and personality indicate that they would exhibit judicial temperament if appointed to the position of United States bankruptcy judge.  153. Salaries; character of service (a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines. (b) A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judges duties as a judicial officer. The Conference may promulgate appropriate rules and regulations to implement this subsection. (c) Each individual appointed under this chapter shall take the oath or affirmation prescribed by section 453 of this title (d) A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 338 Pub. L. 100202,  101(a) Dec. 22, 1987 101 Stat. 1329 Pub. L. 100702, title X,  1003(a)(1) Nov. 19, 1988 102 Stat. 4665  Editorial Notes Amendments 1988Subsec. (d). Pub. L. 100702 1987Subsec. (a). Pub. L. 100202 2 U.S.C. 351361 section 461 of this title Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Pub. L. 100202,  101(a) [title IV,  408(d)] Dec. 22, 1987 101 Stat. 1329 This section [amending this section, section 634 of this title section 356 of Title 2 October 1, 1988 Oct. 1, 1988 Transition Provisions Pub. L. 100702, title X,  1003(b) Nov. 19, 1988 102 Stat. 4665  (1) If an individual who is exempted from the Leave Act by operation of amendments under this section [amending this section and sections 156, 631, 634, 712, 752, and 794 of this title] and who was previously subject to the provisions of subchapter I of chapter 63 of title 5, United States Code, without a break in service, again becomes subject to this subchapter on completion of his service as an exempted officer, the unused annual leave and sick leave standing to his credit when he was exempted from this subchapter is deemed to have remained to his credit. (2) In computing an annuity under section 8339 of title 5 section 8339 of title 5 Continuation of Salaries of Bankruptcy Judges in Effect on June 27, 1984 Pub. L. 98353, title I,  105(a) July 10, 1984 98 Stat. 342 The salary of a bankruptcy judge in effect on June 27, 1984 section 153(a) of title 28 Part-Time Bankruptcy Judges For provision that notwithstanding subsecs. (a) and (b) of this section, a bankruptcy judge serving on a part-time basis on July 10, 1984 section 106 of Pub. L. 98353 section 152 of this title Statutory Notes and Executive Documents Salary Increases 1988Salaries of bankruptcy judges continued at $72,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987 section 5332 of Title 5 1987Salaries of bankruptcy judges increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2 Salaries of bankruptcy judges increased to $70,500 effective on first day of first pay period beginning on or after Jan. 1, 1987 Dec. 31, 1986 section 5332 of Title 5 1985Salaries of bankruptcy judges increased to $68,400 effective on first day of first pay period beginning on or after Jan. 1, 1985 Dec. 28, 1984 Dec. 30, 1985 section 5332 of Title 5 1984Salaries of bankruptcy judges (full-time) and bankruptcy judges (part-time) (maximum rate) increased to $66,100 and $33,100, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1984 Dec. 30, 1983 May 23, 1984 Sept. 14, 1984 section 5332 of Title 5 1982Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $63,600 and $31,800, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1982 Oct. 8, 1982 section 5332 of Title 5 section 101(e) of Pub. L. 97276 Sept. 30, 1982 Maximum rate payable to bankruptcy judges after Dec. 17, 1982 Pub. L. 97377, title I,  129(b) Dec. 21, 1982 96 Stat. 1914 section 5318 of Title 5 1981Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $61,200 and $30,600, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1981 Oct. 15, 1981 section 5332 of Title 5 section 101(c) of Pub. L. 9751 Sept. 30, 1981 1980Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $58,400 and $29,200, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1980 Oct. 16, 1980 section 5332 of Title 5 section 101(c) of Pub. L. 96369 Sept. 30, 1980 For limitations on use of funds for period Oct. 1, 1980 June 5, 1981 section 101(c) of Pub. L. 96369 section 101(c) of Pub. L. 96536 section 5318 of Title 5 1979Salaries of bankruptcy judges increased to $53,500 effective on first day of first pay period beginning on or after Oct. 1, 1979 Oct. 9, 1979 Mar. 12, 1980 section 5332 of Title 5 Pub. L. 9686 Sept. 30, 1978  154. Division of businesses; chief judge (a) Each bankruptcy court for a district having more than one bankruptcy judge shall by majority vote promulgate rules for the division of business among the bankruptcy judges to the extent that the division of business is not otherwise provided for by the rules of the district court. (b) In each district court having more than one bankruptcy judge the district court shall designate one judge to serve as chief judge of such bankruptcy court. Whenever a majority of the judges of such district court cannot agree upon the designation as chief judge, the chief judge of such district court shall make such designation. The chief judge of the bankruptcy court shall ensure that the rules of the bankruptcy court and of the district court are observed and that the business of the bankruptcy court is handled effectively and expeditiously. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 339  155. Temporary transfer of bankruptcy judges (a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved. (b) A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 339 Pub. L. 99651, title II,  202(a) Nov. 14, 1986 100 Stat. 3648 Pub. L. 100659,  4(a) Nov. 15, 1988 102 Stat. 3918  Editorial Notes Amendments 1988Subsec. (b). Pub. L. 100659 section 377 of this title 1986Subsec. (b). Pub. L. 99651 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100659 Nov. 15, 1988 Nov. 15, 1988 July 31, 1987 section 9 of Pub. L. 100659 section 377 of this title Effective Date of 1986 Amendment Pub. L. 99651, title II,  203 Nov. 14, 1986 100 Stat. 3649 This title and the amendments made by this title [enacting section 375 of this title January 1, 1987  156. Staff; expenses (a) Each bankruptcy judge may appoint a secretary, a law clerk, and such additional assistants as the Director of the Administrative Office of the United States Courts determines to be necessary. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. (b) Upon certification to the judicial council of the circuit involved and to the Director of the Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title (c) Any court may utilize facilities or services, either on or off the courts premises, which pertain to the provision of notices, dockets, calendars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe. (d) No office of the bankruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress. (e) In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection (b), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court. (f) For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncollected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns thereof to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 339 Pub. L. 99554, title I Oct. 27, 1986 100 Stat. 3090 Pub. L. 100702, title X,  1003(a)(3) Nov. 19, 1988 102 Stat. 4665  Editorial Notes Amendments 1988Subsec. (a). Pub. L. 100702 1986Subsec. (d). Pub. L. 99554,  103 Subsecs. (e), (f). Pub. L. 99554 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by section 103 of Pub. L. 99554 Oct. 27, 1986 Pub. L. 99554 Oct. 27, 1986 Pub. L. 99554 section 581 of this title  157. Procedures (a) Each district court may provide that any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 shall be referred to the bankruptcy judges for the district. (b) (1) Bankruptcy judges may hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11, referred under subsection (a) of this section, and may enter appropriate orders and judgments, subject to review under section 158 of this title (2) Core proceedings include, but are not limited to (A) matters concerning the administration of the estate; (B) allowance or disallowance of claims against the estate or exemptions from property of the estate, and estimation of claims or interests for the purposes of confirming a plan under chapter 11, 12, or 13 of title 11 but not the liquidation or estimation of contingent or unliquidated personal injury tort or wrongful death claims against the estate for purposes of distribution in a case under title 11; (C) counterclaims by the estate against persons filing claims against the estate; (D) orders in respect to obtaining credit; (E) orders to turn over property of the estate; (F) proceedings to determine, avoid, or recover preferences; (G) motions to terminate, annul, or modify the automatic stay; (H) proceedings to determine, avoid, or recover fraudulent conveyances; (I) determinations as to the dischargeability of particular debts; (J) objections to discharges; (K) determinations of the validity, extent, or priority of liens; (L) confirmations of plans; (M) orders approving the use or lease of property, including the use of cash collateral; (N) orders approving the sale of property other than property resulting from claims brought by the estate against persons who have not filed claims against the estate; (O) other proceedings affecting the liquidation of the assets of the estate or the adjustment of the debtor-creditor or the equity security holder relationship, except personal injury tort or wrongful death claims; and (P) recognition of foreign proceedings and other matters under chapter 15 of title 11. (3) The bankruptcy judge shall determine, on the judges own motion or on timely motion of a party, whether a proceeding is a core proceeding under this subsection or is a proceeding that is otherwise related to a case under title 11. A determination that a proceeding is not a core proceeding shall not be made solely on the basis that its resolution may be affected by State law. (4) Non-core proceedings under section 157(b)(2)(B) of title 28 (5) The district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending. (c) (1) A bankruptcy judge may hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. In such proceeding, the bankruptcy judge shall submit proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be entered by the district judge after considering the bankruptcy judges proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. (2) Notwithstanding the provisions of paragraph (1) of this subsection, the district court, with the consent of all the parties to the proceeding, may refer a proceeding related to a case under title 11 to a bankruptcy judge to hear and determine and to enter appropriate orders and judgments, subject to review under section 158 of this title (d) The district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely motion of any party, for cause shown. The district court shall, on timely motion of a party, so withdraw a proceeding if the court determines that resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce. (e) If the right to a jury trial applies in a proceeding that may be heard under this section by a bankruptcy judge, the bankruptcy judge may conduct the jury trial if specially designated to exercise such jurisdiction by the district court and with the express consent of all the parties. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 340 Pub. L. 99554, title I Oct. 27, 1986 100 Stat. 3096 Pub. L. 103394, title I,  112 Oct. 22, 1994 108 Stat. 4117 Pub. L. 1098, title VIII,  802(c)(1) Apr. 20, 2005 119 Stat. 145  Editorial Notes Amendments 2005Subsec. (b)(2)(P). Pub. L. 1098 1994Subsec. (e). Pub. L. 103394 1986Subsec. (b)(2). Pub. L. 99554 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of Title 11 Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title  158. Appeals (a) The district courts of the United States shall have jurisdiction to hear appeals 1 1 (1) from final judgments, orders, and decrees; (2) from interlocutory orders and decrees issued under section 1121(d) of title 11 (3) with leave of the court, from other interlocutory orders and decrees; of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title (b) (1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that (A) there are insufficient judicial resources available in the circuit; or (B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11. Not later than 90 days after making the finding, the judicial council shall submit to the Judicial Conference of the United States a report containing the factual basis of such finding. (2) (A) A judicial council may reconsider, at any time, the finding described in paragraph (1). (B) On the request of a majority of the district judges in a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the 1-year period beginning on the date such service is established, the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. (C) On its own motion, after the expiration of the 3-year period beginning on the date a bankruptcy appellate panel service is established under paragraph (1), the judicial council of the circuit may determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. (D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly termination of such service. (3) Bankruptcy judges appointed under paragraph (1) shall be appointed and may be reappointed under such paragraph. (4) If authorized by the Judicial Conference of the United States, the judicial councils of 2 or more circuits may establish a joint bankruptcy appellate panel comprised of bankruptcy judges from the districts within the circuits for which such panel is established, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section. (5) An appeal to be heard under this subsection shall be heard by a panel of 3 members of the bankruptcy appellate panel service, except that a member of such service may not hear an appeal originating in the district for which such member is appointed or designated under section 152 of this title (6) Appeals may not be heard under this subsection by a panel of the bankruptcy appellate panel service unless the district judges for the district in which the appeals occur, by majority vote, have authorized such service to hear and determine appeals originating in such district. (c) (1) Subject to subsections (b) and (d)(2), each appeal under subsection (a) shall be heard by a 3-judge panel of the bankruptcy appellate panel service established under subsection (b)(1) unless (A) the appellant elects at the time of filing the appeal; or (B) any other party elects, not later than 30 days after service of notice of the appeal; to have such appeal heard by the district court. (2) An appeal under subsections (a) and (b) of this section shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules. (d) (1) The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of this section. (2) (A) The appropriate court of appeals shall have jurisdiction of appeals described in the first sentence of subsection (a) if the bankruptcy court, the district court, or the bankruptcy appellate panel involved, acting on its own motion or on the request of a party to the judgment, order, or decree described in such first sentence, or all the appellants and appellees (if any) acting jointly, certify that (i) the judgment, order, or decree involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance; (ii) the judgment, order, or decree involves a question of law requiring resolution of conflicting decisions; or (iii) an immediate appeal from the judgment, order, or decree may materially advance the progress of the case or proceeding in which the appeal is taken; and if the court of appeals authorizes the direct appeal of the judgment, order, or decree. (B) If the bankruptcy court, the district court, or the bankruptcy appellate panel (i) on its own motion or on the request of a party, determines that a circumstance specified in clause (i), (ii), or (iii) of subparagraph (A) exists; or (ii) receives a request made by a majority of the appellants and a majority of appellees (if any) to make the certification described in subparagraph (A); then the bankruptcy court, the district court, or the bankruptcy appellate panel shall make the certification described in subparagraph (A). (C) The parties may supplement the certification with a short statement of the basis for the certification. (D) An appeal under this paragraph does not stay any proceeding of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken, unless the respective bankruptcy court, district court, or bankruptcy appellate panel, or the court of appeals in which the appeal is pending, issues a stay of such proceeding pending the appeal. (E) Any request under subparagraph (B) for certification shall be made not later than 60 days after the entry of the judgment, order, or decree. (Added Pub. L. 98353, title I,  104(a) July 10, 1984 98 Stat. 341 Pub. L. 101650, title III,  305 Dec. 1, 1990 104 Stat. 5105 Pub. L. 103394, title I Oct. 22, 1994 108 Stat. 41084110 Pub. L. 1098, title XII,  1233(a) Apr. 20, 2005 119 Stat. 202 Pub. L. 111327,  2(c)(1) Dec. 22, 2010 124 Stat. 3562  Editorial Notes  References in Text The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy. Amendments 2010Subsec. (d)(2)(D). Pub. L. 111327 2005Subsec. (c)(1). Pub. L. 1098,  1233(a)(1) Subsec. (d). Pub. L. 1098,  1233(a)(2) 1994Subsec. (a). Pub. L. 103394,  102 Subsec. (b)(1). Pub. L. 103394,  104(c)(3) Subsec. (b)(2). Pub. L. 103394,  104(c)(3) Subsec. (b)(3). Pub. L. 103394,  104(c)(1) Subsec. (b)(4). Pub. L. 103394,  104(c)(1) section 152 of this title Subsec. (b)(5), (6). Pub. L. 103394,  104(c)(4) Subsec. (c). Pub. L. 103394,  104(d) 1990Subsec. (b)(2) to (4). Pub. L. 101650 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of Title 11 Procedural Rules Pub. L. 1098, title XII,  1233(b) Apr. 20, 2005 119 Stat. 203  (1)  Temporary application A provision of this subsection shall apply to appeals under section 158(d)(2) of title 28 (2)  Certification A district court, a bankruptcy court, or a bankruptcy appellate panel may make a certification under section 158(d)(2) of title 28 (3)  Procedure Subject to any other provision of this subsection, an appeal authorized by the court of appeals under section 158(d)(2)(A) of title 28 (A) a reference in such subdivision to a district court shall be deemed to include a reference to a bankruptcy court and a bankruptcy appellate panel, as appropriate; and (B) a reference in such subdivision to the parties requesting permission to appeal to be served with the petition shall be deemed to include a reference to the parties to the judgment, order, or decree from which the appeal is taken. (4)  Filing of petition with attachment A petition requesting permission to appeal, that is based on a certification made under subparagraph (A) or (B) of section 158(d)(2) shall (A) be filed with the circuit clerk not later than 10 days after the certification is entered on the docket of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken; and (B) have attached a copy of such certification. (5)  References in rule For purposes of rule 5 of the Federal Rules of Appellate Procedure (A) a reference in such rule to a district court shall be deemed to include a reference to a bankruptcy court and to a bankruptcy appellate panel; and (B) a reference in such rule to a district clerk shall be deemed to include a reference to a clerk of a bankruptcy court and to a clerk of a bankruptcy appellate panel. (6)  Application of rules The Federal Rules of Appellate Procedure shall apply in the courts of appeals with respect to appeals authorized under section 158(d)(2)(A), to the extent relevant and as if such appeals were taken from final judgments, orders, or decrees of the district courts or bankruptcy appellate panels exercising appellate jurisdiction under subsection (a) or (b) of section 158 of title 28  159. Bankruptcy statistics (a) The clerk of the district court, or the clerk of the bankruptcy court if one is certified pursuant to section 156(b) of this title (b) The Director shall (1) compile the statistics referred to in subsection (a); (2) make the statistics available to the public; and (3) not later than July 1, 2008 (c) The compilation required under subsection (b) shall (1) be itemized, by chapter, with respect to title 11; (2) be presented in the aggregate and for each district; and (3) include information concerning (A) the total assets and total liabilities of the debtors described in subsection (a), and in each category of assets and liabilities, as reported in the schedules prescribed pursuant to section 2075 of this title (B) the current monthly income, average income, and average expenses of debtors as reported on the schedules and statements that each such debtor files under sections 521 and 1322 of title 11; (C) the aggregate amount of debt discharged in cases filed during the reporting period, determined as the difference between the total amount of debt and obligations of a debtor reported on the schedules and the amount of such debt reported in categories which are predominantly nondischargeable; (D) the average period of time between the date of the filing of the petition and the closing of the case for cases closed during the reporting period; (E) for cases closed during the reporting period (i) the number of cases in which a reaffirmation agreement was filed; and (ii) (I) the total number of reaffirmation agreements filed; (II) of those cases in which a reaffirmation agreement was filed, the number of cases in which the debtor was not represented by an attorney; and (III) of those cases in which a reaffirmation agreement was filed, the number of cases in which the reaffirmation agreement was approved by the court; (F) with respect to cases filed under chapter 13 of title 11, for the reporting period (i) (I) the number of cases in which a final order was entered determining the value of property securing a claim in an amount less than the amount of the claim; and (II) the number of final orders entered determining the value of property securing a claim; (ii) the number of cases dismissed, the number of cases dismissed for failure to make payments under the plan, the number of cases refiled after dismissal, and the number of cases in which the plan was completed, separately itemized with respect to the number of modifications made before completion of the plan, if any; and (iii) the number of cases in which the debtor filed another case during the 6-year period preceding the filing; (G) the number of cases in which creditors were fined for misconduct and any amount of punitive damages awarded by the court for creditor misconduct; and (H) the number of cases in which sanctions under rule 9011 of the Federal Rules of Bankruptcy Procedure were imposed against the debtors attorney or damages awarded under such Rule. (Added Pub. L. 1098, title VI,  601(a) Apr. 20, 2005 119 Stat. 119 Pub. L. 111327,  2(c)(2) Dec. 22, 2010 124 Stat. 3563  Editorial Notes  References in Text The Federal Rules of Bankruptcy Procedure, referred to in subsec. (c)(3)(H), are set out in the Appendix to Title 11, Bankruptcy. Amendments 2010Subsec. (c)(3)(H). Pub. L. 111327 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 1098, title VI,  601(c) Apr. 20, 2005 119 Stat. 120 The amendments made by this section [enacting this section] shall take effect 18 months after the date of enactment of this Act [ Apr. 20, 2005 CHAPTER 7 UNITED STATES COURT OF FEDERAL CLAIMS    Sec.  171. Appointment and number of judges; character of court; designation of chief judge.  172. Tenure and salaries of judges.  173. Times and places of holding court.  174. Assignment of judges; decisions.  175. Official duty station; residence.  176. Removal from office.  177. Disbarment of removed judges.  178. Retirement of judges of the Court of Federal Claims.  179. Personnel application and insurance programs.  [ 180. Repealed.]  Editorial Notes Amendments 2000 Pub. L. 106518, title III,  309(b) Nov. 13, 2000 114 Stat. 2420 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 1992 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516 1990 Pub. L. 101650, title III,  306(a)(2) Dec. 1, 1990 104 Stat. 5109 1982 Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 26 1966 Pub. L. 89425,  3 May 11, 1966 80 Stat. 140 1954 Act Sept. 3, 1954, ch. 1263,  38 68 Stat. 1240  171. Appointment and number of judges; character of court; designation of chief judge (a) The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. (b) The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed. ( June 25, 1948, ch. 646 July 28, 1953, ch. 253,  1 67 Stat. 226 Sept. 3, 1954, ch. 1263,  39(a) 68 Stat. 1240 Pub. L. 89425,  1(b) May 11, 1966 80 Stat. 140 Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 27 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.  241 ( Mar. 3, 1911, ch. 231,  136 36 Stat. 1135 Feb. 25, 1919, ch. 29,  4 40 Stat. 1157 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 This section contains a part of section 241 of title 28 The term chief judge was substituted for Chief Justice. (See revisers note under section 136 of this title Words a court of record known as were added. For similar provision covering other Federal courts, see sections 132, 211, and 251 of this title. The official status of the Chief Justice of the Court of Claims holding office on the effective date of this act is preserved by section 2 of the bill to enact revised title 28. Minor changes were made in arrangement and phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1966 Pub. L. 89425 1954Act Sept. 3, 1954 1953Act July 28, 1953 Statutory Notes and Related Subsidiaries  Change of Name Pub. L. 102572, title IX,  902(b) Oct. 29, 1992 106 Stat. 4516  Reference in any other Federal law [meaning any Federal law other than chapters 7, 51, 91, and 165 of this title] or any document to (1) the United States Claims Court shall be deemed to refer to the United States Court of Federal Claims; and (2) the Claims Court shall be deemed to refer to the Court of Federal Claims. Effective Date of 1992 Amendment Pub. L. 102572, title IX,  911 Oct. 29, 1992 106 Stat. 4520 This title [see Tables for classification] and the amendments made by this title shall take effect on the date of the enactment of this Act [ Oct. 29, 1992 Effective Date of 1982 Amendment Pub. L. 97164, title IV,  402 Apr. 2, 1982 96 Stat. 57 Unless otherwise specified, the provisions of this Act [see Short Title of 1982 Amendment note set out under section 1 of this title October 1, 1982 Continued Service of Commissioners of Court of Claims as Judges Pub. L. 97164, title I,  167 Apr. 2, 1982 96 Stat. 50 Oct. 1, 1982 Oct. 1, 1986 Tennessee Valley Authority Legal Representation Pub. L. 97164, title I,  169 Apr. 2, 1982 96 Stat. 51 Nothing in this Act [see Short Title of 1982 Amendment note set out under section 1 of this title 16 U.S.C. 831 Transition Provisions: Transfer of Pending Cases Pub. L. 97164, title IV,  403 Apr. 2, 1982 96 Stat. 57 Oct. 1, 1982 Congressional Statement Regarding Appointment of Judges For Congressional suggestion that the President select nominees for judgeships on the Claims Court [now Court of Federal Claims] and the Court of Appeals for the Federal Circuit from a broad range of qualified individuals, see section 168 of Pub. L. 97164 section 44 of this title  172. Tenure and salaries of judges (a) Each judge of the United States Court of Federal Claims shall be appointed for a term of fifteen years. (b) Each judge shall receive a salary at the rate of pay, and in the same manner, as judges of the district courts of the United States. ( June 25, 1948, ch. 646 62 Stat. 898 Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 27 Pub. L. 100702, title X,  1023 Nov. 19, 1988 102 Stat. 4673 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes This section applies to the judges of the Court of Claims the same rule of precedence applicable to judges of other courts. (See sections 45, 136, 212, and 253 of this title.) Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572 1988Subsec. (b). Pub. L. 100702 2 U.S.C. 351361 section 461 of this title 1982 Pub. L. 97164 section 171 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Statutory Notes and Executive Documents Salary Increases For increases in salaries of judges after Nov. 19, 1988 section 135 of this title 1988Salaries of judges continued at $82,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987 section 5332 of Title 5 1987Salaries of judges increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2 Salaries of judges increased to $72,300 effective on first day of first pay period beginning on or after Jan. 1, 1987 Dec. 31, 1986 section 5332 of Title 5 1985Salaries of judges increased to $70,200 effective on first day of first pay period beginning on or after Jan. 1, 1985 Dec. 28, 1984 Dec. 30, 1985 section 5332 of Title 5 1984Salaries of judges set at $67,800 effective on first day of first pay period beginning on or after Jan. 1, 1984 Dec. 30, 1983 May 23, 1984 Sept. 14, 1984 section 5332 of Title 5 1982Salaries of judges set at $65,200 effective on first day of first pay period beginning on or after Oct. 1, 1982 Oct. 8, 1982 section 5332 of Title 5 section 101(e) of Pub. L. 97276 Sept. 30, 1982 Maximum rate payable after Dec. 17, 1982 Pub. L. 97377, title I,  129(b) Dec. 21, 1982 96 Stat. 1914 section 5318 of Title 5 Limitations on use of funds for fiscal year ending Sept. 30, 1983 section 101(e) of Pub. L. 97276 section 5318 of Title 5 1981Salaries of judges increased to $74,300 effective on first day of first pay period beginning on or after Oct. 1, 1981 Oct. 15, 1981 section 5332 of Title 5 Limitations on use of funds for fiscal year ending Sept. 30, 1982 Pub. L. 9792 section 5318 of Title 5 1980Salaries of judges increased to $70,900 effective on first day of first pay period beginning on or after Oct. 1, 1980 Oct. 16, 1980 section 5332 of Title 5 Pub. L. 96369 Sept. 30, 1980 Limitations on use of funds for fiscal year ending Sept. 30, 1981 section 101(c) of Pub. L. 96536 section 5318 of Title 5 1979Salaries of judges increased to $65,000 effective on first day of first pay period beginning on or after Oct. 1, 1979 Oct. 9, 1979 Mar. 12, 1980 section 5332 of Title 5 Pub. L. 9686 Sept. 30, 1978 Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980 section 304 of Pub. L. 95391 section 101 of Pub. L. 9686 section 5318 of Title 5 1978Salaries of judges increased to $60,700 effective on first day of first pay period beginning on or after Oct. 1, 1978 Oct. 7, 1978 section 5332 of Title 5 Pub. L. 95391, title III,  304 Sept. 30, 1978 92 Stat. 788 section 5318 of Title 5 Sept. 30, 1978 1977Salaries of judges increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2 1976Salaries of judges increased to $46,800 effective on first day of first pay period beginning on or after Oct. 1, 1976 Oct. 1, 1976 section 5332 of Title 5 Sept. 30, 1976 1969Salaries of judges increased from $33,000 to $42,500 per annum, commencing Feb. 14, 1969 section 358 of Title 2 1946Salaries of chief judge and associate judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704,  1 60 Stat. 716 1926Salary of Chief Justice, now chief judge, increased from $8,000 to $12,500 a year, and salaries of associate justices, now judges, increased from $7,500 to $12,500 a year by act Dec. 13, 1926, ch. 6,  1 44 Stat. 919 1919Salary of Chief Justice increased from $6,500 to $8,000 a year, and salaries of associate justices increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29,  1 40 Stat. 1156 1911Salary of chief justice set at $6,500, and salaries of associate justices set at $6,000 by Judicial Code of 1911, act Mar. 3, 1911, ch. 231,  1 36 Stat. 1135  173. Times and places of holding court  The principal office of the United States Court of Federal Claims shall be in the District of Columbia, but the Court of Federal Claims may hold court at such times and in such places as it may fix by rule of court. The times and places of the sessions of the Court of Federal Claims shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the Court of Federal Claims with as little inconvenience and expense to citizens as is practicable. ( June 25, 1948, ch. 646 62 Stat. 898 Mar. 2, 1955, ch. 9,  1(d) 69 Stat. 10 Pub. L. 88426, title IV,  403(d) Aug. 14, 1964 78 Stat. 434 Pub. L. 9482, title II,  205(b)(4) Aug. 9, 1975 89 Stat. 422 Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 27 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  241 ( Mar. 3, 1911, ch. 231,  136 36 Stat. 1135 Feb. 25, 1919, ch. 29,  4 40 Stat. 1157 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 July 31, 1946, ch. 704,  1 60 Stat. 716 This section is based on part of section 241 of title 28 A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination. (See 20 Comp. Gen. 834.) The term chief judge was substituted for Chief Justice. (See revisers note under section 136 of this title Minor changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 section 172 of this title 1975 Pub. L. 9482 section 461 of this title 1964 Pub. L. 88426 1955Act Mar. 2, 1955 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426 Effective Date of 1955 Amendment Amendment by act Mar. 2, 1955 Mar. 1, 1955 Mar. 2, 1955 section 4501 of Title 2  174. Assignment of judges; decisions (a) The judicial power of the United States Court of Federal Claims with respect to any action, suit, or proceeding, except congressional reference cases, shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges. (b) All decisions of the Court of Federal Claims shall be preserved and open to inspection. ( June 25, 1948, ch. 646 62 Stat. 898 Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 27 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  243 ( Mar. 3, 1911, ch. 231,  138 36 Stat. 1136 This section is based on the first sentence of section 243 of title 28 section 175 of this title Words the seat of government were substituted for the city of Washington to conform to similar language respecting the Supreme Court. (See section 2 of this title Words to be fixed by rule of court were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see section 138 of this title Word term was substituted for session for uniformity. Minor changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 section 173 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  175. Official duty station; residence (a) The official duty station of each judge of the United States Court of Federal Claims is the District of Columbia. (b) After appointment and while in active service, each judge shall reside within fifty miles of the District of Columbia. (c) Retired judges of the Court of Federal Claims are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which such judge customarily lives shall be deemed to be the judges official duty station for the purposes of section 456 of this title (Added Pub. L. 89425,  2 May 11, 1966 80 Stat. 140 Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 27 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 106518, title III,  307 Nov. 13, 2000 114 Stat. 2419  Editorial Notes Prior Provisions A prior section 175, act June 25, 1948, ch. 646 62 Stat. 898 section 2 of Pub. L. 89425 Amendments 2000Subsec. (c). Pub. L. 106518 1992Subsec. (a). Pub. L. 102572 1982 Pub. L. 97164 section 174 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  176. Removal from office (a) Removal of a judge of the United States Court of Federal Claims during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability. Removal shall be by the United States Court of Appeals for the Federal Circuit, but removal may not occur unless a majority of all the judges of such court of appeals concur in the order of removal. (b) Before any order of removal may be entered, a full specification of the charges shall be furnished to the judge involved, and such judge shall be accorded an opportunity to be heard on the charges. (c) Any cause for removal of any judge of the United States Court of Federal Claims coming to the knowledge of the Director of the Administrative Office of the United States Courts shall be reported by him to the chief judge of the United States Court of Appeals for the Federal Circuit, and a copy of the report shall at the same time be transmitted to the judge. (Added Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 28 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes Amendments 1992Subsecs. (a), (c). Pub. L. 102572 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  177. Disbarment of removed judges  A judge of the United States Court of Federal Claims removed from office in accordance with section 176 of this title (Added Pub. L. 97164, title I,  105(a) Apr. 2, 1982 96 Stat. 28 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Editorial Notes Amendments 1992 Pub. L. 102572 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  178. Retirement of judges of the Court of Federal Claims (a) A judge of the United States Court of Federal Claims who retires from office after attaining the age and meeting the service requirements, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judges lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service. The age and service requirements for retirement under this subsection are as follows:     Attained Age: Years of Service:  65 15 66 14 67 13 68 12 69 11 70 10. (b) A judge of the Court of Federal Claims who is not reappointed following the expiration of the term of office of such judge, and who retires upon the completion of such term shall, subject to subsection (f), be entitled to receive, during the remainder of such judges lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service, if (1) such judge has served at least 1 full term as judge of the Court of Federal Claims, and (2) not earlier than 9 months before the date on which the term of office of such judge expired, and not later than 6 months before such date, such judge advised the President in writing that such judge was willing to accept reappointment as a judge of the Court of Federal Claims. (c) A judge of the Court of Federal Claims who has served at least 5 years, whether continuously or otherwise, as such a judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judges lifetime (1) an annuity equal to 50 percent of the salary payable to Court of Federal Claims judges in regular active service, if before retirement such judge served less than 10 years, or (2) an annuity equal to the salary payable to Court of Federal Claims judges in regular active service, if before retirement such judge served at least 10 years. (d) A judge who retires under subsection (a) or (b) may, at or after such retirement, be called upon by the chief judge of the Court of Federal Claims to perform such judicial duties with the Court of Federal Claims as may be requested of the retired judge for any period or periods specified by the chief judge, except that in the case of any such judge (1) the aggregate of such periods in any one calendar year shall not (without his or her consent) exceed 90 calendar days; and (2) he or she shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties. Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a Court of Federal Claims judge in regular active service. Any individual performing judicial duties pursuant to this subsection shall receive the allowances for official travel and other expenses of a judge in regular active service. (e) (1) Any judge who retires under the provisions of subsection (a) or (b) of this section shall be designated senior judge. (2) Any judge who retires under this section shall not be counted as a judge of the Court of Federal Claims for purposes of the number of judgeships authorized by section 171 of this title (f) (1) A judge shall be entitled to an annuity under this section if the judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts in writing. Such an election (A) may be made only while an individual is a judge of the Court of Federal Claims (except that in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, such election may be made at any time before the day after the day on which his or her successor takes office); and (B) once made, shall, subject to subsection (k), be irrevocable. (2) A judge who elects to receive an annuity under this section shall not be entitled to receive (A) any annuity to which such judge would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5, for service performed as a judge or otherwise; (B) an annuity or salary in senior status or retirement under section 371 or 372 of this title; (C) retired pay under section 7447 of the Internal Revenue Code of 1986; or (D) retired pay under section 7296 of title 38 (g) For purposes of calculating the years of service of an individual under subsections (a) and (c), only those years of service as a judge of the Court of Federal Claims or a commissioner of the United States Court of Claims shall be credited, and that portion of the aggregate number of years of such service that is a fractional part of 1 year shall not be credited if it is less than 6 months, and shall be credited if it is 6 months or more. (h) An annuity under this section shall be payable at the times and in the same manner as the salary of a Court of Federal Claims judge in regular active service. Such annuity shall begin to accrue on the day following the day on which the annuitants salary as a judge in regular active service ceases to accrue. (i) (1) Payments under this section which would otherwise be made to a judge of the Court of Federal Claims based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. (2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe. (3) As used in this subsection, the term court means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or court of Indian offense. (j) (1) Subject to paragraph (4), any judge of the Court of Federal Claims who retires under this section and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim against the United States or any agency thereof shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he engages in any such activity. (2) Subject to paragraph (4), if a judge of the Court of Federal Claims who retires under this section fails during any calendar year to perform judicial duties required of such judge by subsection (d), such judge shall forfeit all rights to an annuity under this section for the 1-year period which begins on the first day on which he or she so fails to perform such duties. (3) If a judge of the Court of Federal Claims who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than for the performance of judicial duties under subsection (d)), such judge shall forfeit all rights to an annuity under this section for the period for which such compensation is received. (4) (A) If a judge makes an election under this paragraph (i) paragraphs (1) and (2) (and subsection (d)) shall not apply to such judge beginning on the date such election takes effect, and (ii) the annuity payable under this section to such judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such judge is entitled on the day before such effective date. (B) An election under subparagraph (A) (i) may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a), (ii) may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and (iii) shall be filed with the Director of the Administrative Office of the United States Courts. Such an election, once it takes effect, shall be irrevocable. (C) Any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made. (k) (1) Notwithstanding subsection (f)(1)(B), an individual who has filed an election under subsection (f) to receive an annuity may revoke such election at any time before the first day on which such annuity would (but for such revocation) begin to accrue with respect to such individual. (2) Any revocation under this subsection shall be made by filing a notice thereof in writing with the Director of 1 1 (3) In the case of any revocation under this subsection (A) for purposes of this section, the individual shall be treated as not having filed an election under subsection (f) to receive an annuity, (B) for purposes of section 376 of this title (i) the individual shall be treated as not having filed an election under section 376(a)(1), and (ii) section 376(g) shall not apply, and the amount credited to such individuals account (together with interest at 3 percent per annum, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual, (C) no credit shall be allowed for any service as a judge of the Court of Federal Claims or as a commissioner of the United States Court of Claims unless with respect to such service either there has been deducted and withheld the amount required by chapter 83 or 84 (as the case may be) of title 5 or there has been deposited in the Civil Service Retirement and Disability Fund an amount equal to the amount so required, with interest, (D) the Court of Federal Claims shall deposit in the Civil Service Retirement and Disability Fund an amount equal to the additional amount it would have contributed to such Fund but for the election under subsection (f), and (E) if subparagraph (D) is complied with, service on the Court of Federal Claims or as a commissioner of the United States Court of Claims shall be treated as service with respect to which deductions and contributions had been made during the period of service. (l) (1) There is established in the Treasury a fund which shall be known as the Court of Federal Claims Judges Retirement Fund. The Fund is appropriated for the payment of annuities and other payments under this section. (2) The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Court of Federal Claims Judges Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. (3) (A) There are authorized to be appropriated to the Court of Federal Claims Judges Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund. (B) For purposes of subparagraph (A), the term unfunded liability means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31 section 9503 of title 31 (C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (Added Pub. L. 101650, title III,  306(a)(1) Dec. 1, 1990 104 Stat. 5105 Pub. L. 10240, title IV,  402(d)(2) May 7, 1991 105 Stat. 239 Pub. L. 102198,  7(a) Dec. 9, 1991 105 Stat. 1624 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Editorial Notes  References in Text Section 7447 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified to section 7447 of Title 26 Amendments 1992 Pub. L. 102572 1991Subsec. (f)(2)(A). Pub. L. 102198,  7(a)(1) Subsec. (f)(2)(D). Pub. L. 10240 section 7296 of title 38 section 4096 of title 38 Subsec. (j)(1). Pub. L. 102198,  7(a)(2)(A) Subsec. (j)(2). Pub. L. 102198,  7(a)(2)(B) Subsec. (j)(3). Pub. L. 102198,  7(a)(2)(C) Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990 section 306(f) of Pub. L. 101650 section 8331 of Title 5  179. Personnel application and insurance programs (a) For purposes of construing and applying title 5, a judge of the United States Court of Federal Claims shall be deemed to be an officer under section 2104(a) of such title. (b) (1) (A) For purposes of construing and applying chapter 89 of title 5, a judge of the United States Court of Federal Claims who (i) is retired under subsection (b) of section 178 of this title (ii) at the time of becoming such a retired judge (I) was enrolled in a health benefits plan under chapter 89 of title 5, but (II) did not satisfy the requirements of section 8905(b)(1) of title 5 shall be deemed to be an annuitant meeting the requirements of section 8905(b)(1) of title 5 section 178(d) of this title (B) Except as provided in subparagraph (C) (i) in order to be eligible for continued enrollment under this paragraph, notification under subparagraph (A) shall be made before the first day of the open enrollment period preceding the calendar year referred to in clause (ii)(II); and (ii) if such notification is timely made, the retired judge shall be eligible for continued enrollment under this paragraph for the period (I) beginning on the date on which eligibility would otherwise cease, and (II) ending on the last day of the calendar year next beginning after the end of the open enrollment period referred to in clause (i). (C) For purposes of applying this paragraph for the first time in the case of any particular judge (i) subparagraph (B)(i) shall be applied by substituting the expiration of the term of office of the judge for the matter following before; and (ii) (I) if the term of office of such judge expires before the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility for enrollment shall be as described in subparagraph (B)(ii); but (II) if the term of office of such judge expires on or after the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility shall not end until the last day of the calendar year next beginning after the end of the next full open enrollment period beginning after the date on which the term expires. (2) In the event that a retired judge remains enrolled under chapter 89 of title 5 for a period of 5 consecutive years by virtue of paragraph (1) (taking into account only periods of coverage as an active judge immediately before retirement and as a retired judge pursuant to paragraph (1)), then, effective as of the day following the last day of that 5-year period (A) the provisions of chapter 89 of title 5 shall be applied as if such judge had satisfied the requirements of section 8905(b)(1) 1 1 (B) the provisions of paragraph (1) shall cease to apply. (3) For purposes of this subsection, the term open enrollment period refers to a period described in section 8905(g)(1) of title 5 (c) For purposes of construing and applying chapter 87 of title 5, including any adjustment of insurance rates by regulation or otherwise, a judge of the United States Court of Federal Claims in regular active service or who is retired under section 178 of this title section 8701(a)(5) of title 5 (Added Pub. L. 106518, title III,  309(a) Nov. 13, 2000 114 Stat. 2419 [ 180. Repealed. Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654   Section, added Pub. L. 102572, title IX,  903(a) Oct. 29, 1992 106 Stat. 4517 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1999 Pub. L. 106398 section 371 of this title [CHAPTER 9 REPEALED] [ 211 to 216. Repealed. Pub. L. 97164, title I,  106 Apr. 2, 1982 96 Stat. 28   Section 211, acts June 25, 1948, ch. 646 62 Stat. 899 Aug. 25, 1958 Pub. L. 85755,  1 72 Stat. 848  Section 212, act June 25, 1948, ch. 646 62 Stat. 899  Section 213, acts June 25, 1948, ch. 646 62 Stat. 899 Mar. 2, 1955, ch. 9,  1(e) 69 Stat. 10 Aug. 14, 1964 Pub. L. 88426, title IV,  403(e) 78 Stat. 434 Aug. 9, 1975 Pub. L. 9482, title II,  205(b)(5) 89 Stat. 422  Section 214, act June 25, 1948, ch. 646 62 Stat. 899  Section 215, act June 25, 1948, ch. 646 62 Stat. 899  Section 216, act June 25, 1948, ch. 646 62 Stat. 899 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Transfer of Matters and Petitions Pending in United States Court of Customs and Patent Appeals on October 1, 1982 For provisions that any matter pending before the United States Court of Customs and Patent Appeals on Oct. 1, 1982 Oct. 1, 1982 Pub. L. 97164 section 171 of this title CHAPTER 11 COURT OF INTERNATIONAL TRADE    Sec.  251. Appointment and number of judges; offices.  252. Tenure and salaries of judges.  253. Duties of chief judge.  254. Single-judge trials.  255. Three-judge trials.  256. Trials at ports other than New York.  257. Publication of decisions.  258. Chief judges; precedence of judges.  Historical and Revision Notes The Board of General Appraisers was designated United States Customs Court by act May 28, 1926, ch. 411,  1 44 Stat. 669 section 1518 of title 19 act October 10, 1940, ch. 843,  1 54 Stat. 1101 section 296 of title 28 In this connection former Congressman Walter Chandler said, Among the major subjects needing study and revision are special courts, such as the Customs Court, which should be fitted into the judicial system. (See U.S. Law Weekly, Nov. 7, 1939 History of Court The United States Customs Court [now Court of International Trade] as constituted on June 17, 1930 act Sept. 21, 1922, ch. 356, title IV,  518 42 Stat. 972 act May 28, 1926, ch. 411,  1 44 Stat. 669 Provisions similar to these were contained in act Sept. 21, 1922, ch. 356, title IV,  518 42 Stat. 972 The sentence in the former first paragraph as to sitting in a case previously participated in, is from act Aug. 5, 1909, ch. 6,  28 36 Stat. 98 Act June 10, 1890, ch. 407,  12 26 Stat. 136 act May 27, 1908, ch. 205 35 Stat. 406 act Sept. 21, 1922, ch. 356, title IV,  643 42 Stat. 989 Provisions for the review of decisions of Boards of General Appraisers by the Circuit Courts, made by section 15 of the Customs Administrative Act of June 10, 1890, ch. 407 Act of Aug. 5, 1909, ch. 6 March 3, 1911 R.S.  2608 provided for the appointment of four appraisers of merchandise, to be employed in visiting ports of entry under the direction of the Secretary of the Treasury, and to assist in the appraisement of merchandise as might be deemed necessary by the Secretary to protect and insure uniformity in the collection of the revenue from customs. It was repealed by act June 10, 1890, ch. 407,  29 26 Stat. 141 R.S.  2609 provided for the appointment of merchant appraisers. R.S.  2610 made every merchant refusing to serve as such appraiser liable to a penalty. Both sections were superseded by the provisions relating to appraisers and appraisements of the Customs Administrative Act of June 10, 1890, ch. 407 26 Stat. 131 act Sept. 21, 1922, ch. 356, title IV,  642 42 Stat. 989 R.S.  2945, which contained a provision similar to that of R.S.  2610, was repealed, without mention of section 2610, by said Customs Administrative Act of June 10, 1890, ch. 407,  29 26 Stat. 141 act Sept. 21, 1922, ch. 356,  642 42 Stat. 989 R.S.  2725, which prescribed the compensation of merchant appraisers, and section 2726, which prescribed the salary of the general appraiser at New York, were superseded by the provisions relating to general appraisers and appraisers made by the Customs Administrative Act of June 10, 1890, ch. 407 26 Stat. 136 Act of Aug. 5, 1909, ch. 6,  28 R.S.  2727 fixed the salary of the four general appraisers at the sum of $2,500 a year each, and their actual traveling expenses. It was repealed by act Feb. 27, 1877, ch. 69 19 Stat. 246 Editorial Notes Amendments 1996 Pub. L. 104317, title V,  501(b)(3) Oct. 19, 1996 110 Stat. 3856 1980 Pub. L. 96417, title V,  501(2) Oct. 10, 1980 94 Stat. 1742 1970 Pub. L. 91271, title I,  123(a) June 2, 1970 84 Stat. 282  251. Appointment and number of judges; offices (a) The President shall appoint, by and with the advice and consent of the Senate, nine judges who shall constitute a court of record to be known as the United States Court of International Trade. Not more than five of such judges shall be from the same political party. The court is a court established under article III of the Constitution of the United States. (b) The offices of the Court of International Trade shall be located in New York, New York. ( June 25, 1948, ch. 646 62 Stat. 899 July 14, 1956, ch. 589,  1 70 Stat. 532 Pub. L. 96417, title I,  101 Oct. 10, 1980 94 Stat. 1727 Pub. L. 104317, title V,  501(b)(1) Oct. 19, 1996 110 Stat. 3856  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  296 ( Mar. 3, 1911, ch. 231,  187(a) Oct. 10, 1940, ch. 843,  1 54 Stat. 1101 This section contains only a part of section 296 of title 28 The provision that vacancies should be filled by appointment of the President and confirmed by the Senate was omitted as unnecessary in view of the language of the revised section. Words a court of record known as were added. (See Revisers Note under section 171 of this title The term chief judge was substituted for presiding judge. (See revisers note under section 136 of this title The provisions of such section 296 of title 28 Changes in phraseology were made. Editorial Notes Amendments 1996Subsecs. (b), (c). Pub. L. 104317 1980Subsec. (a). Pub. L. 96417 Subsec. (b). Pub. L. 96417 Subsec. (c). Pub. L. 96417 1956Act July 14, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Pub. L. 96417, title VII,  701 Oct. 10, 1980 94 Stat. 1747 Pub. L. 96542,  1 Dec. 17, 1980 94 Stat. 3209  (a) Except as otherwise provided in this section, the provisions of and amendments made by this Act [see section 1 of Pub. L. 96417 section 1 of this title November 1, 1980 (b) (1) The following sections of title 28, United States Code, shall apply with respect to civil actions commenced on or after the effective date of this Act [ Nov. 1, 1980 (A) Sections 1581(d), 1581(g), 1581(h), 1581(i), and 1583, as amended by section 201 of this Act. (B) Sections 2631(d), 2631(g), 2631(h), 2631(i), 2631(j), 2632(a), 2635, 2636, 2637(c), 2639(b), 2640(a)(5), 2640(c), 2640(d), 2643(a), 2643(c)(2), 2643(c)(4), and 2644, as amended by section 301 of this Act. (C) Section 1876, as added by section 302(a) of this Act. (D) Sections 2601 and 2602, as amended by section 403 of this Act. (E) Section 1919, as amended by section 510 of this Act. (F) Section 1963A, as added by section 511(a) of this Act. (2) Sections 337(c) and 641(b) of the Tariff Act of 1930 [ 19 U.S.C. 1337(c) (3) Section 284 of the Trade Act of 1974 [ 19 U.S.C. 2395 (c) (1) The following sections of title 28, United States Code, shall apply with respect to civil actions commenced on or after the 90th day after the effective date of this Act [ Nov. 1, 1980 (A) Sections 1582, 2639(a)(2), and 2640(a)(6), as amended by sections 201 and 301 of this Act. (B) Sections 1352, 1355, and 1356, as amended by sections 506, 507, and 508 of this Act. (2) Section 592(e) of the Tariff Act of 1930 [ 19 U.S.C. 1592(e) [Amendment of section 701 of Pub. L. 96417 Pub. L. 96542 Nov. 1, 1980 section 3 of Pub. L. 96542 section 1516a of Title 19 References to Certain Courts Deemed References to the United States Court of International Trade Pub. L. 96417, title VII,  702 Oct. 10, 1980 94 Stat. 1748 Any reference in any statute or regulation of the United States to the United States Customs Court, the U.S. Customs Court, or the Customs Court shall be deemed to be a reference to the United States Court of International Trade. Effect on Customs Court Judges Pub. L. 96417, title VII,  703 Oct. 10, 1980 94 Stat. 1748  (a) Except as provided in subsection (b) of this section, the amendments made by title I of this Act [amending this section and section 293 of this title Oct. 10, 1980 (b) The requirement that a person may not continue to serve as chief judge of the Court of International Trade after having reached the age of seventy years, as set forth in the amendment made by section 101 of this Act [amending this section], shall apply to any individual serving as chief judge on or after the date of enactment of this Act [ Oct. 10, 1980 Effect on Pending Cases Pub. L. 96417, title VII,  704 Oct. 10, 1980 94 Stat. 1748 Nothing in this Act [see section 1 of Pub. L. 96417 section 1 of this title Oct. 10, 1980 Oct. 10, 1980 Tennessee Valley Authority Legal Representation Pub. L. 96417, title VII,  705 Oct. 10, 1980 94 Stat. 1748 Nothing in this Act [see section 1 of Pub. L. 96417 section 1 of this title 16 U.S.C. 831 Limitation or Alteration of Jurisdiction Act July 14, 1956, ch. 589,  4 70 Stat. 532 Nothing contained in this Act [amending this section and sections 292, 293, and 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Customs Court [now Court of International Trade] by any provision of law. Continuation of Organization of Court Act June 25, 1948, ch. 646,  2(b) 62 Stat. 985 June 25, 1948 Sept. 1, 1948  252. Tenure and salaries of judges  Judges of the Court of International Trade shall hold office during good behavior. Each shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 ( 2 U.S.C. 351361 section 461 of this title ( June 25, 1948, ch. 646 62 Stat. 899 Mar. 2, 1955, ch. 9,  1(f) 69 Stat. 10 Pub. L. 88426, title IV,  403(f) Aug. 14, 1964 78 Stat. 434 Pub. L. 9482, title II,  205(b)(6) Aug. 9, 1975 89 Stat. 423 Pub. L. 96417, title V,  502 Oct. 10, 1980 94 Stat. 1742  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  296 ( Mar. 3, 1911, ch. 231,  187(a) Oct. 10, 1940, ch. 843,  1 54 Stat. 1101 July 31, 1946, ch. 704,  1 60 Stat. 716 This section contains a part of section 296 of title 28 A provision exempting judges salaries from section 1790 of the Revised Statutes was omitted, as such section was repealed by act Aug. 26, 1935, ch. 689,  1 49 Stat. 864 A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination. Changes were made in phraseology. Editorial Notes  References in Text Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90206 Dec. 16, 1967 81 Stat. 642 Amendments 1980 Pub. L. 96417 1975 Pub. L. 9482 section 461 of this title 1964 Pub. L. 88426 1955Act Mar. 2, 1955 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426 Effective Date of 1955 Amendment Amendment by act Mar. 2, 1955 Mar. 1, 1955 Mar. 2, 1955 section 4501 of Title 2 Statutory Notes and Executive Documents Salary Increases For adjustment of salaries of judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5 For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2 For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5 Salaries of presiding judge and associate judges increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704,  1 60 Stat. 716 Salaries of presiding judge and associate judges increased from $9,000 to $10,000 a year by the Tariff Act of 1930, act June 17, 1930, ch. 497, title IV,  518 46 Stat. 737  253. Duties of chief judge (a) The chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; 1 1 (b) The chief judge shall promulgate dockets. (c) The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges. ( June 25, 1948, ch. 646 62 Stat. 900 Pub. L. 86243,  3 Sept. 9, 1959 73 Stat. 474 Pub. L. 91271, title I,  105 June 2, 1970 84 Stat. 276 Pub. L. 96417, title V,  501(3) Oct. 10, 1980 94 Stat. 1742 Pub. L. 104317, title V,  501(b)(2) Oct. 19, 1996 110 Stat. 3856  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  296 ( Mar. 3, 1911, ch. 231,  187(a) Oct. 10, 1940, ch. 843,  1 54 Stat. 1101 This section contains a part of section 296 of title 28 Provision respecting recommendations for appointment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of section 871 of this title The second paragraph is partly new and conforms with similar provisions of section 136(e) of this title The term chief judge was substituted for presiding judge. (See Revisers Note under section 136 of this title Changes were made in phraseology and arrangement. Editorial Notes Amendments 1996 Pub. L. 104317 (d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified. (e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. 1980Subsec. (a). Pub. L. 96417 1970 Pub. L. 91271 1959 Pub. L. 86243 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1970 Amendment Amendment by Pub. L. 91271 Oct. 1, 1970 section 122 of Pub. L. 91271 section 256 of this title Savings Provision Amendment by Pub. L. 86243 section 4 of Pub. L. 86243 section 871 of this title  254. Single-judge trials  Except as otherwise provided in section 255 of this title ( June 25, 1948, ch. 646 62 Stat. 900 May 24, 1949, ch. 139,  66 63 Stat. 99 Pub. L. 91271, title I,  106 June 2, 1970 84 Stat. 277 Pub. L. 96417, title V,  501(4) Oct. 10, 1980 94 Stat. 1742  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  296 ( Mar. 3, 1911, ch. 231 Oct. 10, 1940, ch. 843,  1 54 Stat. 1101 This section contains a part of section 296 of title 28 Words when in the opinion of such division or judge the ends of justice so require, which followed the phrase grant a rehearing or retrial, were omitted as surplusage. The term chief judge was substituted for presiding judge. (See revisers note under section 136 of this title The phrase petitions for remission of additional duties was added to the first paragraph at the suggestion of the court to conform to existing practice. Reappraisement appeals are heard by a single judge and reviewed by a division. (See sections 2631 and 2636 of this title.) The provision of section 296 of title 28 section 253 of this title section 296 of title 28 Changes were made in arrangement and phraseology. 1949 Act This amendment clarifies section 254 of title 28 Editorial Notes Prior Provisions Provisions similar to those relating to the assignment of judges to hear and determine cases, and provisions similar to those authorizing the chief judge to designate judges to hear and determine cases within the jurisdiction of the United States, formerly contained in this section, are covered by sections 255 and 256 of this title, respectively. Amendments 1980 Pub. L. 96417 1970 Pub. L. 91271 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1970 Amendment Amendment by Pub. L. 91271 Oct. 1, 1970 section 122 of Pub. L. 91271 section 256 of this title  255. Three-judge trials (a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Court of International Trade shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws. (b) A majority of the three judges designated may hear and determine the civil action and all questions pending therein. (Added Pub. L. 91271, title I,  108 June 2, 1970 84 Stat. 277 Pub. L. 96417, title V,  501(5) Oct. 10, 1980 94 Stat. 1742  Editorial Notes Prior Provisions A prior section 255 was renumbered section 257 of this title Amendments 1980Subsec. (a). Pub. L. 96417 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date Section effective Oct. 1, 1970 section 122 of Pub. L. 91271 section 256 of this title  256. Trials at ports other than New York (a) The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or hearing at the port or place. (b) Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing: Provided, however section 1292(d)(1) of this title (Added Pub. L. 91271, title I,  109 June 2, 1970 84 Stat. 277 Pub. L. 97164, title I,  107 Apr. 2, 1982 96 Stat. 28  Editorial Notes Amendments 1982Subsec. (b). Pub. L. 97164 section 1292(d)(1) of this title section 1541(b) of this title Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date Pub. L. 91271, title I,  122 June 2, 1970 84 Stat. 281  (a) This title [see Short Title of 1970 Amendment note set out under section 1 of this title October 1, 1970 (b) An appeal for reappraisement timely filed with the Bureau of Customs before the effective date, but as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. When the judgment or order of the United States Customs Court has become final in this appeal, the papers shall be returned to the appropriate customs officer to decide any remaining matters relating to the entry in accordance with section 500 of the Tariff Act of 1930, as amended [ section 1500 of Title 19 (c) A protest timely filed with the Bureau of Customs before the effective date of enactment of this Act [ June 2, 1970 (d) All other provisions of this Act [see Short Title notes set out under section 1 of this title section 1500 of Title 19  257. Publication of decisions  All decisions of the Court of International Trade shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions. ( June 25, 1948, ch. 646 62 Stat. 900 Pub. L. 91271, title I,  107 June 2, 1970 84 Stat. 277 Pub. L. 96417, title V,  501(6) Oct. 10, 1980 94 Stat. 1742  Historical and Revision Notes Based on section 1519 of title 19 June 17, 1930, ch. 497 46 Stat. 739 Changes in phraseology were made. Editorial Notes Amendments 1980 Pub. L. 96417 1970 Pub. L. 91271 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1970 Amendment Amendment by Pub. L. 91271 Oct. 1, 1970 section 122 of Pub. L. 91271 section 256 of this title  258. Chief judges; precedence of judges (a) (1) The chief judge of the Court of International Trade shall be the judge of the court in regular active service who is senior in commission of those judges who (A) are 64 years of age or under; (B) have served for 1 year or more as a judge of the court; and (C) have not served previously as chief judge. (2) (A) In any case in which no judge of the court meets the qualifications under paragraph (1), the youngest judge in regular active service who is 65 years of age or over and who has served as a judge of the court for 1 year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no judge of the court in regular active service who has served as a judge of the court for 1 year or more, the judge of the court in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. (3) (A) Except as provided under subparagraph (C), the chief judge serving under paragraph (1) shall serve for a term of 7 years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge. (B) Except as provided under subparagraph (C), a judge of the court acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge meets the qualifications under paragraph (1). (C) No judge of the court may serve or act as chief judge of the court after attaining the age of 70 years unless no other judge is qualified to serve as chief judge under paragraph (1) or is qualified to act as chief judge under paragraph (2). (b) The chief judge shall have precedence and preside at any session of the court which such judge attends. Other judges of the court shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. (c) If the chief judge desires to be relieved of the duties as chief judge while retaining active status as a judge of the court, the chief judge may so certify to the Chief Justice of the United States, and thereafter the chief judge of the court shall be such other judge of the court who is qualified to serve or act as chief judge under subsection (a). (d) If a chief judge is temporarily unable to perform the duties as such, such duties shall be performed by the judge of the court in active service, able and qualified to act, who is next in precedence. (Added Pub. L. 104317, title V,  501(a) Oct. 19, 1996 110 Stat. 3855  Statutory Notes and Related Subsidiaries Continuance of Position of Chief Judge Pub. L. 104317, title V,  501(c) Oct. 19, 1996 110 Stat. 3856  (1) Notwithstanding the provisions of section 258(a) of title 28 Oct. 19, 1996 (A) The chief judge is relieved of his duties under section 258(c) of title 28 (B) The regular active status of the chief judge is terminated. (C) The chief judge attains the age of 70 years. (D) The chief judge has served for a term of 7 years as chief judge. (2) When the chief judge vacates the position of chief judge under paragraph (1), the position of chief judge of the Court of International Trade shall be filled in accordance with section 258(a) of title 28 CHAPTER 13 ASSIGNMENT OF JUDGES TO OTHER COURTS    Sec.  291. Circuit judges.  292. District judges.  293. Judges of the Court of International Trade.  294. Assignment of retired justices or judges to active duty. 1 1 Pub. L. 85755  295. Conditions upon designation and assignment.  296. Powers upon designation and assignment.  297. Assignment of judges to courts of the freely associated compact states.  Editorial Notes Amendments 1988 Pub. L. 100702, title X,  1022(2) Nov. 19, 1988 102 Stat. 4673 1982 Pub. L. 97164, title I,  110(c) Apr. 2, 1982 96 Stat. 29 1958 Pub. L. 85755,  8 Aug. 25, 1958 72 Stat. 850  291. Circuit judges (a) The Chief Justice of the United States may, in the public interest, designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (b) The chief judge of a circuit or the circuit justice may, in the public interest, designate and assign temporarily any circuit judge within the circuit, including a judge designated and assigned to temporary duty therein, to hold a district court in any district within the circuit. ( June 25, 1948, ch. 646 62 Stat. 900 July 28, 1953, ch. 253,  2 67 Stat. 226 Sept. 3, 1954, ch. 1263,  39(b) 68 Stat. 1240 July 9, 1956, ch. 517,  1(a) 70 Stat. 497 Pub. L. 85755,  2 Aug. 25, 1958 72 Stat. 848 Pub. L. 95598, title II,  202 Nov. 6, 1978 92 Stat. 2660 Pub. L. 97164, title I,  108 Apr. 2, 1982 96 Stat. 28 Pub. L. 102572, title I,  104 Oct. 29, 1992 106 Stat. 4507  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  17, 22 ( Mar. 3, 1911, ch. 231 36 Stat. 1089 Oct. 3, 1913, ch. 18 38 Stat. 203 Sept. 14, 1922, ch. 306 42 Stat. 839 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 June 7, 1934, ch. 426 48 Stat. 926 June 25, 1936, ch. 804 49 Stat. 1921 Aug. 24, 1937, ch. 754,  4 50 Stat. 753 Dec. 29, 1942, ch. 835,  1 56 Stat. 1094 Section consolidates all provisions of sections 17 and 22 of title 28, U.S.C., 1940 ed., relating to designation and assignment of circuit judges. The revised section omits a reference to the Chief Justice contained in said section 22, since in exercising the powers under subsection (b), he acts as a circuit justice. Paragraph (d) of said section 17, making the section applicable to the United States Court of Appeals for the District of Columbia, is omitted since such court is included in this revision because the District of Columbia is made a separate circuit. (See section 41 of this title Provisions of said sections 17 and 22 authorizing the senior Associate Justice to act in the absence of the Chief Justice of the United States were omitted as surplusage in view of specific authority to so act in section 3 of this title The words in said section 17 for such time as the business of such district court may require, were omitted as inconsistent with the language of said section 22 of title 28 The term chief judge of the circuit was substituted for senior circuit judge. (See revisers note under section 136 of this title References in said sections 17 and 22 to retired judges were omitted as covered by section 294 of this title Other provisions of said section 17 of title 28 Other provisions of said section 22 of title 28 section 296 of this title Changes were made in phraseology and arrangement. Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572 1982Subsecs. (b), (c). Pub. L. 97164 1978Subsec. (c). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1958Subsec. (a). Pub. L. 85755 section 293(a) of this title Subsec. (b). Pub. L. 85755 section 293 of this title section 293(a) of this title Subsecs. (c), (d). Pub. L. 85755 1956Subsec. (a). Act July 9, 1956 1954Subsec. (c). Act Sept. 3, 1954 1953Subsecs. (c), (d). Act July 28, 1953 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Jurisdiction of United States Court of Customs and Patent Appeals Pub. L. 85755,  7 Aug. 25, 1958 72 Stat. 850 Nothing contained in this Act [amending this section and sections 211 and 292 to 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit] by any provision of law.  292. District judges (a) The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit. (b) The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit. (c) The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia. (d) The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. (e) The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court. ( June 25, 1948, ch. 646 62 Stat. 901 July 28, 1953, ch. 253,  3 67 Stat. 226 Sept. 3, 1954, ch. 1263,  39(c) 68 Stat. 1240 July 9, 1956, ch. 517,  1(b) 70 Stat. 497 July 14, 1956, ch. 589,  2 70 Stat. 532 Pub. L. 85755,  3 Aug. 25, 1958 72 Stat. 848 Pub. L. 91358, title I,  172(e) July 29, 1970 84 Stat. 591 Pub. L. 95598, title II Nov. 6, 1978 92 Stat. 2660 Pub. L. 96417, title V,  501(7) Oct. 10, 1980 94 Stat. 1742 Pub. L. 97164, title I,  109 Apr. 2, 1982 96 Stat. 28  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  17, 21 and 216 ( Mar. 3, 1911, ch. 231 36 Stat. 1089 Sept. 14, 1922, ch. 306,  3 42 Stat. 839 Aug. 24, 1937, ch. 754,  4 50 Stat. 753 Dec. 29, 1942, ch. 835,  1 56 Stat. 1094 Section consolidates and simplifies all provisions of sections 17, 21 and 216 of title 28, U.S.C., 1940 ed., relating to designation and assignment of district judges. Term chief judge was substituted for senior circuit judge. (See Revisers Note under section 136 of this title Sections 17 and 21 of title 28, U.S.C., 1940 ed., were inconsistent insofar as the words or in his absence, the circuit judges thereof, appearing in said section 17 were not in section 21, and the words senior circuit judge then present in the circuit, appearing in section 21 were not in section 17. The revised section omits all such words and leaves designation of assignment to the chief judge of the circuit. If the chief judge is unable to perform his duties they devolve, under section 45 of this title The provision of said section 17, that designation of a district judge to another circuit should be from an adjacent circuit if practicable, was omitted as an unnecessary restriction on the discretion of the Chief Justice. Section 19 of title 28 For omission of reference in said section 17 to senior Associate Justice, see revisers note under section 291 of this title Reference in said section 17 to retired judges were omitted as covered by section 294 of this title Other provisions of said section 17 of title 28 Words either in a district court or court of appeals were inserted in subsection (c) as suggested by Hon. Learned Hand, Senior Circuit Judge of the Second Circuit. The revised section permits a district judge to be assigned directly to the circuit court of appeals of another circuit. Under existing law it has been assumed that he must be assigned to serve as a district judge on the other circuit and then designated to serve on the circuit court of appeals by that court in which his services are required. Many changes were made in phraseology. Editorial Notes Amendments 1982Subsec. (e). Pub. L. 97164 1980Subsec. (e). Pub. L. 96417 1978Subsecs. (b), (d). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1970Subsecs. (c) to (e). Pub. L. 91358 1958Subsecs. (a) to (c). Pub. L. 85755 Subsec. (d). Pub. L. 85755 section 293 of this title Subsec. (e). Pub. L. 85755 section 293(a) of this title Subsec. (f). Pub. L. 85755 1956Subsec. (e). Act July 9, 1956 Subsec. (f). Act July 14, 1956 1954Subsec. (d). Act Sept. 3, 1954 1953Subsec. (d). Act July 28, 1953 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1970 Amendment Amendment by Pub. L. 91358 July 29, 1970 section 199(a) of Pub. L. 91358 section 1257 of this title Jurisdiction of United States Court of Customs and Patent Appeals Amendment by Pub. L. 85755 section 7 of Pub. L. 85755 section 291 of this title Limitation or Alteration of Jurisdiction Amendment by act July 14, 1956 July 14, 1956 section 251 of this title  293. Judges of the Court of International Trade (a)  1 1 ( June 25, 1948, ch. 646 62 Stat. 901 July 14, 1956, ch. 589,  3(a) 70 Stat. 532 Pub. L. 85755,  4 Aug. 25, 1958 72 Stat. 848 Pub. L. 95598, title II,  205 Nov. 6, 1978 92 Stat. 2660 Pub. L. 96417, title I,  102 Oct. 10, 1980 94 Stat. 1727 Pub. L. 97164, title I,  110(a) Apr. 2, 1982 96 Stat. 29  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  301 ( Mar. 3, 1911, ch. 231,  188 36 Stat. 1143 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 Section simplifies last sentence of section 301 of title 28 Other provisions of said section 301 of title 28 This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title. The words he is willing to undertake were added to make clear that such service is voluntary. The term chief judge was substituted for presiding judge. (See revisers note under section 136 of this title Changes were made in phraseology. Editorial Notes Amendments 1982 Pub. L. 97164,  110(b) Subsec. (a). Pub. L. 97164,  110(a)(1) Subsec. (b). Pub. L. 97164,  110(a)(2) Pub. L. 95598 Subsecs. (c), (d). Pub. L. 97164,  110(a)(1) Subsec. (e). Pub. L. 97164,  110(a)(3) Pub. L. 95598 1980Subsec. (b). Pub. L. 96417,  102(a) Subsec. (c). Pub. L. 96417,  501(8) Subsec. (d). Pub. L. 96417,  102(b) 1978Subsec. (e). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1958 Pub. L. 85755 Subsec. (a). Pub. L. 85755 Subsec. (b). Pub. L. 85755 Subsecs. (c), (d). Pub. L. 85755 1956Act July 14, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Jurisdiction of United States Court of Customs and Patent Appeals Amendment by Pub. L. 85755 section 7 of Pub. L. 85755 section 291 of this title Limitation or Alteration of Jurisdiction Amendment by act July 14, 1956 July 14, 1956 section 251 of this title  294. Assignment of retired Justices or judges to active duty (a) Any retired Chief Justice of the United States or Associate Justice of the Supreme Court may be designated and assigned by the Chief Justice of the United States to perform such judicial duties in any circuit, including those of a circuit justice, as he is willing to undertake. (b) Any judge of the United States who has retired from regular active service under section 371(b) or 372(a) of this title shall be known and designated as a senior judge and may continue to perform such judicial duties as he is willing and able to undertake, when designated and assigned as provided in subsections (c) and (d). (c) Any retired circuit or district judge may be designated and assigned by the chief judge or judicial council of his circuit to perform such judicial duties within the circuit as he is willing and able to undertake. Any other retired judge of the United States may be designated and assigned by the chief judge of his court to perform such judicial duties in such court as he is willing and able to undertake. (d) The Chief Justice of the United States shall maintain a roster of retired judges of the United States who are willing and able to undertake special judicial duties from time to time outside their own circuit, in the case of a retired circuit or district judge, or in a court other than their own, in the case of other retired judges, which roster shall be known as the roster of senior judges. Any such retired judge of the United States may be designated and assigned by the Chief Justice to perform such judicial duties as he is willing and able to undertake in a court outside his own circuit, in the case of a retired circuit or district judge, or in a court other than his own, in the case of any other retired judge of the United States. Such designation and assignment to a court of appeals or district court shall be made upon the presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises and to any other court of the United States upon the presentation of a certificate of necessity by the chief judge of such court. No such designation or assignment shall be made to the Supreme Court. (e) No retired justice or judge shall perform judicial duties except when designated and assigned. ( June 25, 1948, ch. 646 62 Stat. 901 July 9, 1956, ch. 517,  1(c) 70 Stat. 497 Pub. L. 85219 Aug. 29, 1957 71 Stat. 495 Pub. L. 85755,  5 Aug. 25, 1958 72 Stat. 849 Pub. L. 95598, title II,  206 Nov. 6, 1978 92 Stat. 2660  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  375, 375a, and 375f ( Mar. 3, 1911, ch. 231,  260 36 Stat. 1161 Feb. 25, 1919, ch. 29,  6 40 Stat. 1157 Mar. 1, 1929, ch. 419 45 Stat. 1422 Mar. 1, 1937, ch. 21 50 Stat. 24 Feb. 11, 1938, ch. 25 52 Stat. 28 Aug. 5, 1939, ch. 433,  5 May 11, 1944, ch. 192 58 Stat. 218 Section consolidates those parts of sections 375, 375a, and 375f of title 28, U.S.C., 1940 ed., relating to designation and assignment of retired justices and judges. Other provisions of said sections 375 and 375a, appear in sections 136, 371, and 756 of this title. The term chief judge was substituted for presiding judge or senior judge. (See Revisers Note under section 136 of this title Changes were made in phraseology. Editorial Notes Amendments 1978Subsecs. (c), (d). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1958Subsec. (a). Pub. L. 85755 Subsecs. (b) to (d). Pub. L. 85755 Subsec. (e). Pub. L. 85755 1957Subsec. (d). Pub. L. 85219 1956Subsec. (b). Act July 9, 1956 Statutory Notes and Related Subsidiaries Jurisdiction of United States Court of Customs and Patent Appeals Amendment by Pub. L. 85755 section 7 of Pub. L. 85755 section 291 of this title  295. Conditions upon designation and assignment  No designation and assignment of a circuit or district judge in active service shall be made without the consent of the chief judge or judicial council of the circuit from which the judge is to be designated and assigned. No designation and assignment of a judge of any other court of the United States in active service shall be made without the consent of the chief judge of such court. All designations and assignments of justices and judges shall be filed with the clerks and entered on the minutes of the courts from and to which made. The Chief Justice of the United States, a circuit justice or a chief judge of a circuit may make new designation and assignments in accordance with the provisions of this chapter and may revoke those previously made by him. ( June 25, 1948, ch. 646 62 Stat. 901 Sept. 3, 1954, ch. 1263,  39(d) 68 Stat. 1240 July 14, 1956, ch. 589,  3(b) 70 Stat. 532 Pub. L. 85755,  6 Aug. 25, 1958 72 Stat. 850 Pub. L. 95598, title II,  207 Nov. 6, 1978 92 Stat. 2660  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  17, 20 ( Mar. 3, 1911, ch. 231 36 Stat. 1089 Sept. 14, 1922, ch. 306,  3 42 Stat. 839 Aug. 24, 1937, ch. 754,  4 50 Stat. 753 Dec. 29, 1942, ch. 835 56 Stat. 1094 This section consolidates and simplifies provisions of sections 17 and 20 of title 28, U.S.C., 1940 ed., relating to conditions upon designation and assignment as well as those applicable to filing, revoking and making new designations. Other provisions of section 17 of title 28 The reference in said section 20 to senior Associate Judge was omitted. (See Revisers Note under section 291 of this title The terms chief judge and chief judge of a circuit were substituted for senior circuit judge. (See Revisers Note under section 136 of this title The alternative provision for approval by the judicial council of the circuit was inserted to conform with section 332 of this title Changes were made in phraseology. Editorial Notes Amendments 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1958 Pub. L. 85755 1956Act July 14, 1956 1954Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Jurisdiction of United States Court of Customs and Patent Appeals Amendment by Pub. L. 85755 section 7 of Pub. L. 85755 section 291 of this title Limitation or Alteration of Jurisdiction Amendment by act July 14, 1956 July 14, 1956 section 251 of this title  296. Powers upon designation and assignment  A justice or judge shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned. He may be required to perform any duty which might be required of a judge of the court or district or circuit to which he is designated and assigned. Such justice or judge shall have all the powers of a judge of the court, circuit or district to which he is designated and assigned, except the power to appoint any person to a statutory position or to designate permanently a depository of funds or a newspaper for publication of legal notices. However, a district judge who has retired from regular active service under section 371(b) of this title A justice or judge who has sat by designation and assignment in another district or circuit may, notwithstanding his absence from such district or circuit or the expiration of the period of his designation and assignment, decide or join in the decision and final disposition of all matters submitted to him during such period and in the consideration and disposition of applications for rehearing or further proceedings in such matters. ( June 25, 1948, ch. 646 62 Stat. 901 Pub. L. 110177, title V,  503 Jan. 7, 2008 121 Stat. 2542  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  17, 18, 22, 23, 301 ( Mar. 3, 1911, ch. 231 36 Stat. 1089 Oct. 3, 1913, ch. 18 38 Stat. 203 Feb. 25, 1919, ch. 29 40 Stat. 1156 Sept. 14, 1922, ch. 306 42 Stat. 839 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 June 7, 1934, ch. 426 48 Stat. 926 June 25, 1936, ch. 804 49 Stat. 1921 Aug. 24, 1937, ch. 754,  4 50 Stat. 753 Dec. 29, 1942, ch. 835 56 Stat. 1094 Section simplifies provisions of sections 17, 18, paragraphs (b) and (c) of section 22, and sections 23 and 301 of title 28, U.S.C., 1940 ed., relating to powers and duties of designated judges. Other provisions of said sections 17 and 22 of title 28, U.S.C., 1940 ed., are incorporated in sections 291, 292, and 295 of this title. Other provisions of said section 301 of title 28 Section is made applicable to retired justices of the Supreme Court by inclusion of reference to justice, on the theory that a justice should have the same powers and duties and be subject to the same limitations as designated and assigned circuit and district judges. The second sentence of the revised section was substituted for the provision of section 18 of title 28 The provision in the last paragraph of said section 22 that the action of the assigned judge in writing filed with the clerk of court where the trial or hearing was held shall be valid as if such action had been taken by him within the district and within the period of his designation, was omitted as surplusage. See section 295 of this title Editorial Notes Amendments 2008 Pub. L. 110177 section 371(b) of this title  297. Assignment of judges to courts of the freely associated compact states (a) The Chief Justice or the chief judge of the United States Court of Appeals for the Ninth Circuit may assign any circuit, district, magistrate, or territorial judge of a court of the Ninth Circuit, with the consent of the judge so assigned, to serve temporarily as a judge of any duly constituted court of the freely associated compact states whenever an official duly authorized by the laws of the respective compact state requests such assignment and such assignment is necessary for the proper dispatch of the business of the respective court. (b) The Congress consents to the acceptance and retention by any judge so authorized of reimbursement from the countries referred to in subsection (a) of all necessary travel expenses, including transportation, and of subsistence, or of a reasonable per diem allowance in lieu of subsistence. The judge shall report to the Administrative Office of the United States Courts any amount received pursuant to this subsection. (Added Pub. L. 100702, title X,  1022(1) Nov. 19, 1988 102 Stat. 4672 Pub. L. 112149,  3 July 26, 2012 126 Stat. 1145  Editorial Notes Amendments 2012Subsec. (a). Pub. L. 112149 CHAPTER 15 CONFERENCES AND COUNCILS OF JUDGES    Sec.  331. Judicial Conference of the United States.  332. Judicial councils of circuits.  333. Judicial conferences of circuits.  334. Institutes and joint councils on sentencing.  335. Judicial Conference of the Court of International Trade.  Amendments 1986 Pub. L. 99466,  2(b) Oct. 14, 1986 100 Stat. 1190 1980 Pub. L. 96458,  2(d)(2) Oct. 15, 1980 94 Stat. 2036 1958 Pub. L. 85752,  2 Aug. 25, 1958 72 Stat. 845  331. Judicial Conference of the United States  The Chief Justice of the United States shall summon annually the chief judge of each judicial circuit, the chief judge of the Court of International Trade, and a district judge from each judicial circuit to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. Special sessions of the Conference may be called by the Chief Justice at such times and places as he may designate. The district judge to be summoned from each judicial circuit shall be chosen by the circuit and district judges of the circuit and shall serve as a member of the Judicial Conference of the United States for a term of not less than 3 successive years nor more than 5 successive years, as established by majority vote of all circuit and district judges of the circuit. A district judge serving as a member of the Judicial Conference may be either a judge in regular active service or a judge retired from regular active service under section 371(b) of this title If the chief judge of any circuit, the chief judge of the Court of International Trade, or the district judge chosen by the judges of the circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit or any other judge of the Court of International Trade, as the case may be. Every judge summoned shall attend and, unless excused by the Chief Justice, shall remain throughout the sessions of the conference and advise as to the needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improved. The Conference shall make a comprehensive survey of the condition of business in the courts of the United States and prepare plans for assignment of judges to or from circuits or districts where necessary. It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business. The Conference is authorized to exercise the authority provided in chapter 16 of this title as the Conference, or through a standing committee. If the Conference elects to establish a standing committee, it shall be appointed by the Chief Justice and all petitions for review shall be reviewed by that committee. The Conference or the standing committee may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the Supreme Court or by the clerk of any court of appeals, at the direction of the Chief Justice or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or any agency thereof. The Conference may also prescribe and modify rules for the exercise of the authority provided in chapter 16 of this title. All judicial officers and employees of the United States shall promptly carry into effect all orders of the Judicial Conference or the standing committee established pursuant to this section. The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure now or hereafter in use as prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay shall be recommended by the Conference from time to time to the Supreme Court for its consideration and adoption, modification or rejection, in accordance with law. The Judicial Conference shall review rules prescribed under section 2071 of this title The Attorney General shall, upon request of the Chief Justice, report to such Conference on matters relating to the business of the several courts of the United States, with particular reference to cases to which the United States is a party. The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation. The Judicial Conference shall consult with the Director of 1 1 ( June 25, 1948, ch. 646 62 Stat. 902 July 9, 1956, ch. 517,  1(d) 70 Stat. 497 Pub. L. 85202 Aug. 28, 1957 71 Stat. 476 Pub. L. 85513 July 11, 1958 72 Stat. 356 Pub. L. 87253 Sept. 19, 1961 75 Stat. 521 Pub. L. 95598, title II,  208 Nov. 6, 1978 92 Stat. 2660 Pub. L. 96458,  4 Oct. 15, 1980 94 Stat. 2040 Pub. L. 97164, title I,  111 Apr. 2, 1982 96 Stat. 29 Pub. L. 99466,  1 Oct. 14, 1986 100 Stat. 1190 Pub. L. 100702, title IV,  402(b) Nov. 19, 1988 102 Stat. 4650 Pub. L. 104317, title VI,  601(a) Oct. 19, 1996 110 Stat. 3857 Pub. L. 107273, div. C, title I,  11043(b) Nov. 2, 2002 116 Stat. 1855 Pub. L. 110177, title I,  101(b) Jan. 7, 2008 121 Stat. 2534  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  218 ( Sept. 14, 1922, ch. 306,  2 42 Stat. 838 July 5, 1937, ch. 427 50 Stat. 473 Provisions as to associate justice acting when Chief Justice is disabled are omitted as unnecessary in view of section 3 of this title The provision of section 218 of title 28 section 456 of this title Provision as to time and place for holding conference was omitted as unnecessary since the Chief Justice is vested with discretionary power to designate the time and place under the language retained. The references to chief judge are in harmony with other sections of this title. (See Revisers Note under section 136 of this title Provision for stated annual reports by the chief judge of the district was omitted as obsolete and unnecessary in view of sections 332 and 333 of this title. The last paragraph is new and is inserted to authorize the communication to Congress of information which now reaches that body only because incorporated in the annual report of the Attorney General. Numerous changes were made in phraseology and arrangement. Editorial Notes  References in Text Rule 45(c) of the Federal Rules of Civil Procedure, referred to in fourth paragraph, is set out in the Appendix to this title. Amendments 2008 Pub. L. 110177 2002 Pub. L. 107273 1996 Pub. L. 104317 section 333 of this title 1988 Pub. L. 100702 1986 Pub. L. 99466,  1(a) Pub. L. 99466,  1(b) Pub. L. 99466,  1(c) 1982 Pub. L. 97164 1980 Pub. L. 96458 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1961 Pub. L. 87253 1958 Pub. L. 85513 1957 Pub. L. 85202 1956Act July 9, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100702 Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Effective Date of 1986 Amendment Pub. L. 99466,  4 Oct. 14, 1986 100 Stat. 1191 This Act and the amendments made by this Act [enacting section 335 of this title section 569 of this title section 873 of this title section 872 of this title Oct. 14, 1986 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Pub. L. 96458,  7 Oct. 15, 1980 94 Stat. 2041 This Act [amending this section and sections 332, 372, and 604 of this title and enacting provisions set out as notes under this section and section 1 of this title October 1, 1981 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Deposit of Fees for Processing of Violations Through Central Violations Bureau Cases Pub. L. 108447, div. B, title III,  308 Dec. 8, 2004 118 Stat. 2895 Pub. L. 10913, div. A, title VI,  6066 May 11, 2005 119 Stat. 299 For fiscal year 2005 and hereafter, such fees as shall be collected for the processing of violations through the Central Violations Bureau cases as prescribed by the Judicial Conference of the United States shall be deposited as offsetting receipts to the fund established under 28 U.S.C. 1931 Policies, Procedures, and Methodologies Used in Recommendation for Creation of Additional Federal Judgeships; Study by General Accounting Office and Report to Congress Pub. L. 101650, title II,  205 Dec. 1, 1990 104 Stat. 5103 Dec. 1, 1990 Federal Courts Study Committee Pub. L. 100702, title I Nov. 19, 1988 102 Stat. 4644 Jan. 1, 1989  332. Judicial councils of circuits (a) (1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he or she may designate, a meeting of the judicial council of the circuit, consisting of the chief judge of the circuit, who shall preside, and an equal number of circuit judges and district judges of the circuit, as such number is determined by majority vote of all such judges of the circuit in regular active service. (2) Members of the council shall serve for terms established by a majority vote of all judges of the circuit in regular active service. (3) Except for the chief judge of the circuit, either judges in regular active service or judges retired from regular active service under section 371(b) of this title 1 1 (4) No more than one district judge from any one district shall serve simultaneously on the council, unless at least one district judge from each district within the circuit is already serving as a member of the council. (5) In the event of the death, resignation, retirement under section 371(a) or 372(a) of this title, or disability of a member of the council, a replacement member shall be designated to serve the remainder of the unexpired term by the chief judge of the circuit. (6) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit. (b) The council shall be known as the Judicial Council of the circuit. (c) The chief judge shall submit to the council the semiannual reports of the Director of the Administrative Office of the United States Courts. The council shall take such action thereon as may be necessary. (d) (1) Each judicial council shall make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit. Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public. Each council is authorized to hold hearings, to take sworn testimony, and to issue subpoenas and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the court of appeals, at the direction of the chief judge of the circuit or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or agency thereof. (2) All judicial officers and employees of the circuit shall promptly carry into effect all orders of the judicial council. In the case of failure to comply with an order made under this subsection or a subpoena issued under chapter 16 of this title, a judicial council or a special committee appointed under section 353 of this title (3) Unless an impediment to the administration of justice is involved, regular business of the courts need not be referred to the council. (4) Each judicial council shall periodically review the rules which are prescribed under section 2071 of this title section 2072 of this title (e) The judicial council of each circuit may appoint a circuit executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated to him by the circuit council. The duties delegated to the circuit executive of each circuit may include but need not be limited to: (1) Exercising administrative control of all nonjudicial activities of the court of appeals of the circuit in which he is appointed. (2) Administering the personnel system of the court of appeals of the circuit. (3) Administering the budget of the court of appeals of the circuit. (4) Maintaining a modern accounting system. (5) Establishing and maintaining property control records and undertaking a space management program. (6) Conducting studies relating to the business and administration of the courts within the circuit and preparing appropriate recommendations and reports to the chief judge, the circuit council, and the Judicial Conference. (7) Collecting, compiling, and analyzing statistical data with a view to the preparation and presentation of reports based on such data as may be directed by the chief judge, the circuit council, and the Administrative Office of the United States Courts. (8) Representing the circuit as its liaison to the courts of the various States in which the circuit is located, the marshals office, State and local bar associations, civic groups, news media, and other private and public groups having a reasonable interest in the administration of the circuit. (9) Arranging and attending meetings of the judges of the circuit and of the circuit council, including preparing the agenda and serving as secretary in all such meetings. (10) Preparing an annual report to the circuit and to the Administrative Office of the United States Courts for the preceding calendar year, including recommendations for more expeditious disposition of the business of the circuit. All duties delegated to the circuit executive shall be subject to the general supervision of the chief judge of the circuit. (f) (1) Each circuit executive shall be paid at a salary to be established by the Judicial Conference of the United States not to exceed the annual rate of level IV of the Executive Schedule pay rates under section 5315 of title 5 (2) The circuit executive shall serve at the pleasure of the judicial council of the circuit. (3) The circuit executive may appoint, with the approval of the council, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. (4) The circuit executive and his staff shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 87 (relating to Federal employees life insurance program), and chapter 89 (relating to Federal employees health benefits program) of title 5, United States Code. (g) No later than January 31 of each year, each judicial council shall submit a report to the Administrative Office of the United States Courts on the number and nature of orders entered under this section during the preceding calendar year that relate to judicial misconduct or disability. (h) (1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include the duties specified in subsection (e) of this section, insofar as such duties are applicable to the Court of Appeals for the Federal Circuit. (2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section. (3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. (4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4). (5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title ( June 25, 1948, ch. 646 62 Stat. 902 Pub. L. 88176,  3 Nov. 13, 1963 77 Stat. 331 Pub. L. 91647 Jan. 5, 1971 84 Stat. 1907 Pub. L. 95598, title II,  209 Nov. 6, 1978 92 Stat. 2661 Pub. L. 96458,  2(a) Oct. 15, 1980 94 Stat. 2035 Pub. L. 100459, title IV,  407 Oct. 1, 1988 102 Stat. 2213 Pub. L. 100702, title IV,  403(a)(2) Nov. 19, 1988 102 Stat. 4651 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5120 Pub. L. 102198,  1 Dec. 9, 1991 105 Stat. 1623 Pub. L. 104317, title II,  208 Oct. 19, 1996 110 Stat. 3851 Pub. L. 106518, title II,  205 Nov. 13, 2000 114 Stat. 2414 Pub. L. 106553,  1(a)(2) [title III,  306] Dec. 21, 2000 114 Stat. 2762 Pub. L. 107273, div. C, title I,  11043(c) Nov. 2, 2002 116 Stat. 1855  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  448 ( Mar. 3, 1911, ch. 231,  306 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 The final sentence of section 448 of title 28 section 292 of this title The requirement for attendance of circuit judges, unless excused by the chief judge, was included in conformity with a similar provision of section 331 of this title Changes in phraseology were made. Editorial Notes  References in Text Section 371(f) of this title section 371(e) of this title Pub. L. 106398,  1[[div. A] Oct. 30, 2000 114 Stat. 1654 The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title. Amendments 2002Subsec. (d)(2). Pub. L. 107273,  11043(c)(1) section 372(c) of this title section 353 of this title section 372(c)(4) of this title Subsec. (h). Pub. L. 107273,  11043(c)(2) Pub. L. 106553 (h)(1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include but need not be limited to the duties specified in subsection (e) of this section, insofar as they are applicable to the Court of Appeals for the Federal Circuit. (2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section. (3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. (4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4). (5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title 2000Subsec. (a)(3). Pub. L. 106518,  205(1) Subsec. (a)(5). Pub. L. 106518,  205(2) Subsec. (h). Pub. L. 106553 Pub. L. 106518,  306 1996Subsec. (g). Pub. L. 104317 1991Subsec. (a)(1). Pub. L. 102198 1990Subsec. (a)(1). Pub. L. 101650,  323(a) (A) the chief judge of the circuit, who shall preside; (B) that number of circuit judges fixed by majority vote of all such judges in regular active service; and (C) that number of district judges of the circuit fixed by majority vote of all circuit judges in regular active service, except that (i) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is less than six, the number of district judges fixed in accordance with this subparagraph shall be no less than two; and (ii) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is six or more, the number of district judges fixed in accordance with this subparagraph shall be no less than three. Subsec. (a)(3) to (7). Pub. L. 101650,  323(b) Subsec. (d)(2). Pub. L. 101650,  403 section 372(c) of this title section 372(c)(4) of this title Subsec. (f)(1). Pub. L. 101650,  325(b)(1) section 5315 of title 5 5 U.S.C. 5316 1988Subsec. (c). Pub. L. 100702,  1020(a)(1) Subsec. (d)(1). Pub. L. 100702,  403(b) Subsec. (d)(4). Pub. L. 100702,  403(a)(2) Subsec. (e). Pub. L. 100702,  1018(1) Subsec. (f). Pub. L. 100702,  1018(2) Pub. L. 100459 1980 Pub. L. 96458,  2(d)(1) Subsec. (a). Pub. L. 96458,  2(a) Subsec. (c). Pub. L. 96458,  2(b) Subsec. (d). Pub. L. 96458,  2(c) 1978Subsec. (d). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1971 Pub. L. 91647 1963 Pub. L. 88176 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Pub. L. 101650, title IV,  407 Dec. 1, 1990 104 Stat. 5124 The amendments made by this subtitle [subtitle I ( 402407) of title IV of Pub. L. 101650 Dec. 1, 1990 Effective Date of 1988 Amendment Amendment by section 403(a)(2), (b) of Pub. L. 100702 Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96458 Oct. 1, 1981 section 7 of Pub. L. 96458 section 331 of this title  333. Judicial conferences of circuits  The chief judge of each circuit may summon biennially, and may summon annually, the circuit, district, magistrate, and bankruptcy judges of the circuit, in active service, to a conference at a time and place that he designates, for the purpose of considering the business of the courts and advising means of improving the administration of justice within such circuit. He may preside at such conference, which shall be known as the Judicial Conference of the circuit. The judges of the District Court of Guam, the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands may also be summoned biennially, and may be summoned annually, to the conferences of their respective circuits. Every judge summoned may attend. The court of appeals for each circuit shall provide by its rules for representation and active participation at such conference by members of the bar of such circuit. ( June 25, 1948, ch. 646 62 Stat. 903 Dec. 29, 1950, ch. 1185 64 Stat. 1128 Oct. 31, 1951, ch. 655,  38 65 Stat. 723 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 95598, title II,  210 Nov. 6, 1978 92 Stat. 2661 Pub. L. 101650, title III,  320 Dec. 1, 1990 104 Stat. 5117 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 110406,  9 Oct. 13, 2008 122 Stat. 4293  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  449, 450 ( Mar. 3, 1911, ch. 231 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 Section consolidates parts of sections 449 and 450 of title 28, U.S.C., 1940 ed. Said section 450 contained definitions of courts and continental United States, and directions that sections 444450 of title 28, U.S.C., 1940 ed., relating to the administration of United States courts, should apply to the courts of appeals, the United States Court of Appeals for the District of Columbia and to the several enumerated district courts of the United States, including those in the Territories and Possessions as well as the Court of Claims, Court of Customs and Patent Appeals, and Customs Court. It also provided that the Chief Justice and associate justices of the Court of Appeals for the District of Columbia should have the powers of the senior judge and circuit judges, respectively, of a circuit court of appeals. The revised section omits, as surplusage, the definition of continental United States. Other provisions of section 450 of title 28 section 604 of this title section 610 of this title The provision as to travel and subsistence which was contained in said section 449 of title 28 section 456 of this title Editorial Notes Amendments 2008 Pub. L. 110406 1996 Pub. L. 104134,  101[(a)] Pub. L. 104134,  101[(a)] 1990 Pub. L. 101650 1978 Pub. L. 95598 1958 Pub. L. 85508 section 81A of this title 1951Act Oct. 31, 1951 1950Act Dec., 29, 1950, provided for the presence of judges of District Courts of Alaska, Canal Zone, and the Virgin Islands at annual conferences within their respective circuits. Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  334. Institutes and joint councils on sentencing (a) In the interest of uniformity in sentencing procedures, there is hereby authorized to be established under the auspices of the Judicial Conference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Administrative Office of the United States Courts, the Judicial Conference to convene such institutes and joint councils for the purpose of studying, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be limited to: (1) The development of standards for the content and utilization of presentence reports; (2) the establishment of factors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional, sociological and physiological factors involved in crime and their bearing upon sentences; (4) the discussion of special sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handicaps; (5) the formulation of sentencing principles and criteria which will assist in promoting the equitable administration of the criminal laws of the United States. (b) After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint councils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts. (c) The Attorney General is authorized to select and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and others to participate in the proceedings. (d) The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of officials and other participants invited by the Attorney General shall be paid from applicable appropriations of the Department of Justice. (Added Pub. L. 85752,  1 Aug. 25, 1958 72 Stat. 845  Statutory Notes and Related Subsidiaries Sentencing Procedures Pub. L. 85752,  7 Aug. 25, 1958 72 Stat. 847 This Act [enacting this section, sections 4208 and 4209 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 4208 of Title 18  335. Judicial Conference of the Court of International Trade (a) The chief judge of the Court of International Trade is authorized to summon annually the judges of such court to a judicial conference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court. (b) The Court of International Trade shall provide by its rules for representation and active participation at such conference by members of the bar. (Added Pub. L. 99466,  2(a) Oct. 14, 1986 100 Stat. 1190  Statutory Notes and Related Subsidiaries Effective Date Section effective 60 days after Oct. 14, 1986 section 4 of Pub. L. 99466 section 331 of this title CHAPTER 16 COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE    Sec.  351. Complaints; judge defined.  352. Review of complaint by chief judge.  353. Special committees.  354. Action by judicial council.  355. Action by Judicial Conference.  356. Subpoena power.  357. Review of orders and actions.  358. Rules.  359. Restrictions.  360. Disclosure of information.  361. Reimbursement of expenses.  362. Other provisions and rules not affected.  363. Court of Federal Claims, Court of International Trade, Court of Appeals for the Federal Circuit.  364. Effect of felony conviction.  351. Complaints; judge defined (a)  Filing of Complaint by Any Person Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct. (b)  Identifying Complaint by Chief Judge In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint. (c)  Transmittal of Complaint Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term chief judge). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint. (d)  Definitions In this chapter (1) the term judge means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and (2) the term complainant means the person filing a complaint under subsection (a) of this section. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1848  Statutory Notes and Related Subsidiaries Severability Pub. L. 107273, div. C, title I,  11044 Nov. 2, 2002 116 Stat. 1856 If any provision of this subtitle [subtitle C ( 1104111044) of title I of div. C of Pub. L. 107273 section 7253 of Title 38 section 1 of this title  352. Review of complaint by chief judge (a)  Expeditious Review; Limited Inquiry The chief judge shall expeditiously review any complaint received under section 351(a) or identified under section 351(b). In determining what action to take, the chief judge may conduct a limited inquiry for the purpose of determining (1) whether appropriate corrective action has been or can be taken without the necessity for a formal investigation; and (2) whether the facts stated in the complaint are either plainly untrue or are incapable of being established through investigation. For this purpose, the chief judge may request the judge whose conduct is complained of to file a written response to the complaint. Such response shall not be made available to the complainant unless authorized by the judge filing the response. The chief judge or his or her designee may also communicate orally or in writing with the complainant, the judge whose conduct is complained of, and any other person who may have knowledge of the matter, and may review any transcripts or other relevant documents. The chief judge shall not undertake to make findings of fact about any matter that is reasonably in dispute. (b)  Action by Chief Judge Following Review After expeditiously reviewing a complaint under subsection (a), the chief judge, by written order stating his or her reasons, may (1) dismiss the complaint (A) if the chief judge finds the complaint to be (i) not in conformity with section 351(a); (ii) directly related to the merits of a decision or procedural ruling; or (iii) frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation; or (B) when a limited inquiry conducted under subsection (a) demonstrates that the allegations in the complaint lack any factual foundation or are conclusively refuted by objective evidence; or (2) conclude the proceeding if the chief judge finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events. The chief judge shall transmit copies of the written order to the complainant and to the judge whose conduct is the subject of the complaint. (c)  Review of Orders of Chief Judge A complainant or judge aggrieved by a final order of the chief judge under this section may petition the judicial council of the circuit for review thereof. The denial of a petition for review of the chief judges order shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise. (d)  Referral of Petitions for Review to Panels of the Judicial Council Each judicial council may, pursuant to rules prescribed under section 358, refer a petition for review filed under subsection (c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district judges. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1849  353. Special committees (a)  Appointment If the chief judge does not enter an order under section 352(b), the chief judge shall promptly (1) appoint himself or herself and equal numbers of circuit and district judges of the circuit to a special committee to investigate the facts and allegations contained in the complaint; (2) certify the complaint and any other documents pertaining thereto to each member of such committee; and (3) provide written notice to the complainant and the judge whose conduct is the subject of the complaint of the action taken under this subsection. (b)  Change in Status or Death of Judges A judge appointed to a special committee under subsection (a) may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45. If a judge appointed to a committee under subsection (a) dies, or retires from office under section 371(a), while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee. (c)  Investigation by Special Committee Each committee appointed under subsection (a) shall conduct an investigation as extensive as it considers necessary, and shall expeditiously file a comprehensive written report thereon with the judicial council of the circuit. Such report shall present both the findings of the investigation and the committees recommendations for necessary and appropriate action by the judicial council of the circuit. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1850  354. Action by judicial council (a)  Actions Upon Receipt of Report. (1)  Actions The judicial council of a circuit, upon receipt of a report filed under section 353(c) (A) may conduct any additional investigation which it considers to be necessary; (B) may dismiss the complaint; and (C) if the complaint is not dismissed, shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit. (2)  Description of possible actions if complaint not dismissed. (A)  In general Action by the judicial council under paragraph (1)(C) may include (i) ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint; (ii) censuring or reprimanding such judge by means of private communication; and (iii) censuring or reprimanding such judge by means of public announcement. (B)  For article iii judges If the conduct of a judge appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include (i) certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and (ii) requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title (C)  For magistrate judges If the conduct of a magistrate judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include directing the chief judge of the district of the magistrate judge to take such action as the judicial council considers appropriate. (3)  Limitations on judicial council regarding removals. (A)  Article iii judges Under no circumstances may the judicial council order removal from office of any judge appointed to hold office during good behavior. (B)  Magistrate and bankruptcy judges Any removal of a magistrate judge under this subsection shall be in accordance with section 631 and any removal of a bankruptcy judge shall be in accordance with section 152. (4)  Notice of action to judge The judicial council shall immediately provide written notice to the complainant and to the judge whose conduct is the subject of the complaint of the action taken under this subsection. (b)  Referral to Judicial Conference. (1)  In general In addition to the authority granted under subsection (a), the judicial council may, in its discretion, refer any complaint under section 351, together with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States. (2)  Special circumstances In any case in which the judicial council determines, on the basis of a complaint and an investigation under this chapter, or on the basis of information otherwise available to the judicial council, that a judge appointed to hold office during good behavior may have engaged in conduct (A) which might constitute one or more grounds for impeachment under article II of the Constitution, or (B) which, in the interest of justice, is not amenable to resolution by the judicial council, the judicial council shall promptly certify such determination, together with any complaint and a record of any associated proceedings, to the Judicial Conference of the United States. (3)  Notice to complainant and judge A judicial council acting under authority of this subsection shall, unless contrary to the interests of justice, immediately submit written notice to the complainant and to the judge whose conduct is the subject of the action taken under this subsection. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1850  355. Action by Judicial Conference (a)  In General Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior proceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate. (b)  If Impeachment Warranted. (1)  In general If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination. (2)  In case of felony conviction If a judge has been convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the Judicial Conference may, by majority vote and without referral or certification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be warranted, together with appropriate court records, for whatever action the House of Representatives considers to be necessary. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1852  356. Subpoena power (a)  Judicial Councils and Special Committees In conducting any investigation under this chapter, the judicial council, or a special committee appointed under section 353, shall have full subpoena powers as provided in section 332(d). (b)  Judicial Conference and Standing Committees In conducting any investigation under this chapter, the Judicial Conference, or a standing committee appointed by the Chief Justice under section 331, shall have full subpoena powers as provided in that section. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1852  357. Review of orders and actions (a)  Review of Action of Judicial Council A complainant or judge aggrieved by an action of the judicial council under section 354 may petition the Judicial Conference of the United States for review thereof. (b)  Action of Judicial Conference The Judicial Conference, or the standing committee established under section 331, may grant a petition filed by a complainant or judge under subsection (a). (c)  No Judicial Review Except as expressly provided in this section and section 352(c), all orders and determinations, including denials of petitions for review, shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1853  358. Rules (a)  In General Each judicial council and the Judicial Conference may prescribe such rules for the conduct of proceedings under this chapter, including the processing of petitions for review, as each considers to be appropriate. (b)  Required Provisions Rules prescribed under subsection (a) shall contain provisions requiring that (1) adequate prior notice of any investigation be given in writing to the judge whose conduct is the subject of a complaint under this chapter; (2) the judge whose conduct is the subject of a complaint under this chapter be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the investigating panel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing; and (3) the complainant be afforded an opportunity to appear at proceedings conducted by the investigating panel, if the panel concludes that the complainant could offer substantial information. (c)  Procedures Any rule prescribed under this section shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such rule shall be a matter of public record, and any such rule promulgated by a judicial council may be modified by the Judicial Conference. No rule promulgated under this section may limit the period of time within which a person may file a complaint under this chapter. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1853  359. Restrictions (a)  Restriction on Individuals Who Are Subject of Investigation No judge whose conduct is the subject of an investigation under this chapter shall serve upon a special committee appointed under section 353, upon a judicial council, upon the Judicial Conference, or upon the standing committee established under section 331, until all proceedings under this chapter relating to such investigation have been finally terminated. (b)  Amicus Curiae No person shall be granted the right to intervene or to appear as amicus curiae in any proceeding before a judicial council or the Judicial Conference under this chapter. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1853  360. Disclosure of information (a)  Confidentiality of Proceedings Except as provided in section 355, all papers, documents, and records of proceedings related to investigations conducted under this chapter shall be confidential and shall not be disclosed by any person in any proceeding except to the extent that (1) the judicial council of the circuit in its discretion releases a copy of a report of a special committee under section 353(c) to the complainant whose complaint initiated the investigation by that special committee and to the judge whose conduct is the subject of the complaint; (2) the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or the House of Representatives by resolution, releases any such material which is believed necessary to an impeachment investigation or trial of a judge under article I of the Constitution; or (3) such disclosure is authorized in writing by the judge who is the subject of the complaint and by the chief judge of the circuit, the Chief Justice, or the chairman of the standing committee established under section 331. (b)  Public Availability of Written Orders Each written order to implement any action under section 354(a)(1)(C), which is issued by a judicial council, the Judicial Conference, or the standing committee established under section 331, shall be made available to the public through the appropriate clerks office of the court of appeals for the circuit. Unless contrary to the interests of justice, each such order shall be accompanied by written reasons therefor. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1854  361. Reimbursement of expenses  Upon the request of a judge whose conduct is the subject of a complaint under this chapter, the judicial council may, if the complaint has been finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys fees, incurred by that judge during the investigation which would not have been incurred but for the requirements of this chapter. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1854  362. Other provisions and rules not affected  Except as expressly provided in this chapter, nothing in this chapter shall be construed to affect any other provision of this title, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Appellate Procedure, or the Federal Rules of Evidence. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1854  Editorial Notes  References in Text The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Federal Rules of Evidence, referred to in text, are set out in the Appendix to this title. The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure.  363. Court of Federal Claims, Court of International Trade, Court of Appeals for the Federal Circuit  The United States Court of Federal Claims, the Court of International Trade, and the Court of Appeals for the Federal Circuit shall each prescribe rules, consistent with the provisions of this chapter, establishing procedures for the filing of complaints with respect to the conduct of any judge of such court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, each such court shall have the powers granted to a judicial council under this chapter. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1854  364. Effect of felony conviction In the case of any judge or judge of a court referred to in section 363 who is convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the following shall apply: (1) The judge shall not hear or decide cases unless the judicial council of the circuit (or, in the case of a judge of a court referred to in section 363, that court) determines otherwise. (2) Any service as such judge or judge of a court referred to in section 363, after the conviction is final and all time for filing appeals thereof has expired, shall not be included for purposes of determining years of service under section 371(c), 377, or 178 of this title or creditable service under subchapter III of chapter 83, or chapter 84, of title 5. (Added Pub. L. 107273, div. C, title I,  11042(a) Nov. 2, 2002 116 Stat. 1855 CHAPTER 17 RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES    Sec.  371. Retirement on salary; retirement in senior status.  372. Retirement for disability; substitute judge on failure to retire.  373. Judges in Territories and Possessions. 1 1 Pub. L. 99396  374. Residence of retired judges; official station.  375. Recall of certain judges and magistrate judges.  376. Annuities for survivors of certain judicial officials of the United States.  377. Retirement of bankruptcy judges and magistrate judges.  Editorial Notes Amendments 2002 Pub. L. 107273, div. C, title I,  11043(a)(2) Nov. 2, 2002 116 Stat. 1855 1988 Pub. L. 100702, title X,  1020(a)(9) Nov. 19, 1988 102 Stat. 4672 Pub. L. 100659,  2(b) Nov. 15, 1988 102 Stat. 3916 1986 Pub. L. 99651, title II,  201(b)(2) Nov. 14, 1986 100 Stat. 3648 1984 Pub. L. 98353, title II,  204(b) July 10, 1984 98 Stat. 350 1980 Pub. L. 96458,  3(c) Oct. 15, 1980 94 Stat. 2040 1972 Pub. L. 92397,  3(a) Aug. 22, 1972 86 Stat. 579 1959 Pub. L. 86312,  2 Sept. 21, 1959 73 Stat. 587 1956 Act Aug. 3, 1956, ch. 944,  1(a) 70 Stat. 1021 1954 Act Aug. 28, 1954, ch. 1053,  2 68 Stat. 918 Act Feb. 10, 1954, ch. 6,  4(b) 68 Stat. 13 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges substituted for magistrates in items 375 and 377 pursuant to section 321 of Pub. L. 101650 section 631 of this title  371. Retirement on salary; retirement in senior status (a) Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired. (b) (1) Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his or her lifetime, continue to receive the salary of the office if he or she meets the requirements of subsection (e). (2) In a case in which a justice or judge who retires under paragraph (1) does not meet the requirements of subsection (e), the justice or judge shall continue to receive the salary that he or she was receiving when he or she was last in active service or, if a certification under subsection (e) was made for such justice or judge, when such a certification was last in effect. The salary of such justice or judge shall be adjusted under section 461 of this title (c) The age and service requirements for retirement under this section are as follows:     Attained age: Years of service:  65 15 66 14 67 13 68 12 69 11 70 10 (d) The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires under this section. (e) (1) In order to continue receiving the salary of the office under subsection (b), a justice must be certified in each calendar year by the Chief Justice, and a judge must be certified by the chief judge of the circuit in which the judge sits, as having met the requirements set forth in at least one of the following subparagraphs: (A) The justice or judge must have carried in the preceding calendar year a caseload involving courtroom participation which is equal to or greater than the amount of work involving courtroom participation which an average judge in active service would perform in three months. In the instance of a justice or judge who has sat on both district courts and courts of appeals, the caseload of appellate work and trial work shall be determined separately and the results of those determinations added together for purposes of this paragraph. (B) The justice or judge performed in the preceding calendar year substantial judicial duties not involving courtroom participation under subparagraph (A), including settlement efforts, motion decisions, writing opinions in cases that have not been orally argued, and administrative duties for the court to which the justice or judge is assigned. Any certification under this subparagraph shall include a statement describing in detail the nature and amount of work and certifying that the work done is equal to or greater than the work described in this subparagraph which an average judge in active service would perform in three months. (C) The justice or judge has, in the preceding calendar year, performed work described in subparagraphs (A) and (B) in an amount which, when calculated in accordance with such subparagraphs, in the aggregate equals at least 3 months work. (D) The justice or judge has, in the preceding calendar year, performed substantial administrative duties directly related to the operation of the courts, or has performed substantial duties for a Federal or State governmental entity. A certification under this subparagraph shall specify that the work done is equal to the full-time work of an employee of the judicial branch. In any year in which a justice or judge performs work described under this subparagraph for less than the full year, one-half of such work may be aggregated with work described under subparagraph (A), (B), or (C) of this paragraph for the purpose of the justice or judge satisfying the requirements of such subparagraph. (E) The justice or judge was unable in the preceding calendar year to perform judicial or administrative work to the extent required by any of subparagraphs (A) through (D) because of a temporary or permanent disability. A certification under this subparagraph shall be made to a justice who certifies in writing his or her disability to the Chief Justice, and to a judge who certifies in writing his or her disability to the chief judge of the circuit in which the judge sits. A justice or judge who is certified under this subparagraph as having a permanent disability shall be deemed to have met the requirements of this subsection for each calendar year thereafter. (2) Determinations of work performed under subparagraphs (A), (B), (C), and (D) of paragraph (1) shall be made pursuant to rules promulgated by the Judicial Conference of the United States. In promulgating such criteria, the Judicial Conference shall take into account existing standards promulgated by the Conference for allocation of space and staff for senior judges. (3) If in any year a justice or judge who retires under subsection (b) does not receive a certification under this subsection (except as provided in paragraph (1)(E)), he or she may thereafter receive a certification for that year by satisfying the requirements of subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection in a subsequent year and attributing a sufficient part of the work performed in such subsequent year to the earlier year so that the work so attributed, when added to the work performed during such earlier year, satisfies the requirements for certification for that year. However, a justice or judge may not receive credit for the same work for purposes of certification for more than 1 year. (4) In the case of any justice or judge who retires under subsection (b) during a calendar year, there shall be included in the determination under this subsection of work performed during that calendar year all work performed by that justice or judge (as described in subparagraphs (A), (B), (C), and (D) of paragraph (1)) during that calendar year before such retirement. ( June 25, 1948, ch. 646 62 Stat. 903 Oct. 31, 1951, ch. 655,  39 65 Stat. 724 Feb. 10, 1954, ch. 6,  4(a) 68 Stat. 12 Pub. L. 98353, title II,  204(a) July 10, 1984 98 Stat. 350 Pub. L. 100702, title X,  1005(a) Nov. 19, 1988 102 Stat. 4666 Pub. L. 101194, title VII,  705(a) Nov. 30, 1989 103 Stat. 1770 Pub. L. 104317, title III,  301 Oct. 19, 1996 110 Stat. 3851 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 106518, title III,  303 Nov. 13, 2000 114 Stat. 2417  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  375 and 375a ( Mar. 3, 1911, ch. 231,  260 36 Stat. 1161 Feb. 25, 1919, ch. 29,  6 40 Stat. 1157 Mar. 1, 1929, ch. 419 45 Stat. 1422 Mar. 1, 1937, ch. 21 50 Stat. 24 Feb. 11, 1938, ch. 25,  1 52 Stat. 28 May 11, 1944, ch. 192,  1 58 Stat. 218 This section consolidates provisions of sections 375 and 375a of title 28, U.S.C., 1940 ed., relating to resignation and retirement. Remaining provisions of said section 375 now appear in sections 136, 294, and 756 of this title, and remaining provisions of said section 375a now appear in section 294 of this title Words may resign, or may retain his office but retire from regular active service were used to clarify the difference between resignation and retirement. Resignation results in loss of the judges office, while retirement does not. ( Booth v. U.S U.S. v. Moore Terms judge of the United States and justice of the United States are defined in section 451 of this title The revised section continues the provision respecting the salary of a resigned judge but changes such provision for retired judges and makes them eligible to receive any increases provided by Congress for the office from which they retired. This change is in harmony with the clear line of distinction drawn by Congress between retirement and resignation. Editorial Notes Amendments 2000Subsec. (b). Pub. L. 106398,  1 [[div. A] Subsec. (e). Pub. L. 106518 Pub. L. 106398 Pub. L. 106398,  1 [[div. A] section 5532 of title 5 Subsec. (f). Pub. L. 106398,  1 [[div. A] 1996Subsec. (f)(1)(D). Pub. L. 104317,  301(b) Subsec. (f)(3). Pub. L. 104317,  301(a) 1989Subsec. (b). Pub. L. 101194,  705(a)(1) Subsec. (f). Pub. L. 101194,  705(a)(2) 1988Subsec. (e). Pub. L. 100702 1984 Pub. L. 98353 Subsec. (a). Pub. L. 98353 Subsec. (b). Pub. L. 98353 Subsecs. (c), (d). Pub. L. 98353 1954Act Feb. 10, 1954 Subsec. (a). Act Feb. 10, 1954 Subsec. (b). Act Feb. 10, 1954 Subsec. (c). Act Feb. 10, 1954 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by this section [amending this section and repealing section 180 of this title October 1, 1999 Effective Date of 1989 Amendment Pub. L. 101194, title VII,  705(b) Nov. 30, 1989 103 Stat. 1771  (1)  In general The amendments made by subsection (a) [amending this section] shall first apply with respect to work performed on or after January 1, 1990 section 371(b) of title 28 (2)  Calendar year 1990 In the case of certifications required by section 371(f) of title 28 (A) such certifications shall be based on the 10-month period beginning on January 1, 1990 October 31, 1990 December 15, 1990 (B) determinations of work performed under section 371(f) of title 28 (C) such certifications shall be deemed to be certifications made in calendar year 1991. Effective Date of 1988 Amendment Pub. L. 100702, title X,  1005(b) Nov. 19, 1988 102 Stat. 4666 The amendment made by this section [amending this section] shall apply to a justice or judge who retires, or has retired, from the judicial office or from regular active service (into senior status) as such justice or judge of the United States on or after the effective date of section 5532(c) of title 5 Oct. 13, 1978 section 1101 of Title 5 Effective Date of 1984 Amendment Pub. L. 98353, title II,  204(c) July 10, 1984 98 Stat. 350 The amendments made by this section [amending this section] shall apply with respect to any justice or judge of the United States appointed to hold office during good behavior who retires on or after the date of enactment of this Act [ July 10, 1984 Computation of Judicial Service, District of Alaska Pub. L. 8970 July 8, 1965 79 Stat. 213 section 372 of this title Judicial Service in Hawaii Included Within Computation of Aggregate Years of Judicial Service Pub. L. 863,  14(d) Mar. 18, 1959 73 Stat. 10 That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of this Act [ Mar. 18, 1959  372. Retirement for disability; substitute judge on failure to retire (a) Any justice or judge of the United States appointed to hold office during good behavior who becomes permanently disabled from performing his duties may retire from regular active service, and the President shall, by and with the advice and consent of the Senate, appoint a successor. Any justice or judge of the United States desiring to retire under this section shall certify to the President his disability in writing. Whenever an associate justice of the Supreme Court, a chief judge of a circuit or the chief judge of the Court of International Trade, desires to retire under this section, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States. A circuit or district judge, desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his circuit. A judge of the Court of International Trade desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his court. Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder of his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office. (b) Whenever any judge of the United States appointed to hold office during good behavior who is eligible to retire under this section does not do so and a certificate of his disability signed by a majority of the members of the Judicial Council of his circuit in the case of a circuit or district judge, or by the Chief Justice of the United States in the case of the Chief Judge of the Court of International Trade, or by the chief judge of his court in the case of a judge of the Court of International Trade, is presented to the President and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President may make such appointment by and with the advice and consent of the Senate. Whenever any such additional judge is appointed, the vacancy subsequently caused by the death, resignation, or retirement of the disabled judge shall not be filled. Any judge whose disability causes the appointment of an additional judge shall, for purpose of precedence, service as chief judge, or temporary performance of the duties of that office, be treated as junior in commission to the other judges of the circuit, district, or court. ( June 25, 1948, ch. 646 62 Stat. 903 May 24, 1949, ch. 139,  67 63 Stat. 99 Feb. 10, 1954, ch. 6,  4(a) 68 Stat. 12 Pub. L. 85261 Sept. 2, 1957 71 Stat. 586 Pub. L. 96417, title V,  501(9) Oct. 10, 1980 94 Stat. 1742 Pub. L. 96458,  3(a) Oct. 15, 1980 94 Stat. 2036 Pub. L. 97164, title I,  112 Apr. 2, 1982 96 Stat. 29 Pub. L. 98353, title I,  107 July 10, 1984 98 Stat. 342 Pub. L. 100702, title IV,  403(c) Nov. 19, 1988 102 Stat. 4651 Pub. L. 101650, title IV,  402 Dec. 1, 1990 104 Stat. 5122 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 107273, div. C, title I,  11043(a)(1) Nov. 2, 2002 116 Stat. 1855  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  375b, 375c, and 375d ( Aug. 5, 1939, ch. 433 53 Stat. 1204 This section consolidates sections 375b, 375c, and 375d of title 28, U.S.C., 1940 ed. Section 375e of title 28 section 41 of this title Words justice or judge of the United States were used to describe members of all courts who hold office during good behavior. (See revisers note under section 371 of this title Term chief judge was substituted for Chief Justice of the Court of Claims, presiding judge of the Court of Customs and Patent Appeals and senior circuit judge. (See Revisers Note under section 136 of this title For clarity and convenience the requirement that certificates of disability be submitted to the President, was made explicit. The revised section requires a judge of the Customs Court to furnish a certificate of disability signed by the chief judge of his court, instead of by the chief judge of the Court of Customs and Patent Appeals as in said section 375c of title 28 Changes were made in phraseology and arrangement. 1949 Act Subsection (a) of this section amends section 372 of title 28 section 372 of title 28 Editorial Notes Amendments 2002 Pub. L. 107273,  11043(a)(1)(A) Subsec. (c). Pub. L. 107273,  11043(a)(1)(B) 1992Subsec. (c)(18). Pub. L. 102572 1990Subsec. (c)(1). Pub. L. 101650,  402(a) Subsec. (c)(3)(B). Pub. L. 101650,  402(f) Subsec. (c)(4). Pub. L. 101650,  402(b) section 45 of this title section 371(a) of this title Subsec. (c)(6). Pub. L. 101650,  402(g) Subsec. (c)(7)(B). Pub. L. 101650,  402(i)(1) Subsec. (c)(8). Pub. L. 101650,  402(d) Pub. L. 101650,  402(c)(1) Subsec. (c)(11). Pub. L. 101650,  402(e) Subsec. (c)(14). Pub. L. 101650,  402(c)(2)(A) Subsec. (c)(14)(A). Pub. L. 101650,  402(c)(2)(E) Subsec. (c)(14)(B). Pub. L. 101650,  402(c)(2)(D) Pub. L. 101650,  402(c)(2)(C) Subsec. (c)(14)(C). Pub. L. 101650,  402(c)(2)(D) Subsec. (c)(16) to (18). Pub. L. 101650,  402(h) 1988Subsec. (c)(11). Pub. L. 100702 1984Subsec. (c)(6)(B)(vii). Pub. L. 98353 1982Subsec. (a). Pub. L. 97164,  112(a) Subsec. (b). Pub. L. 97164,  112(b) Subsec. (c)(17). Pub. L. 97164,  112(c) 1980 Pub. L. 96458,  3(b) Subsecs. (a), (b). Pub. L. 96417 Subsec. (c). Pub. L. 96458,  3(a) 1957Subsec. (b). Pub. L. 85261 1954Act Feb. 10, 1954 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1990 Amendment Amendment by Pub. L. 101650 Dec. 1, 1990 section 407 of Pub. L. 101650 section 332 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100702 Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendments Amendment by Pub. L. 96458 Oct. 1, 1981 section 7 of Pub. L. 96458 section 331 of this title Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title National Commission on Judicial Discipline and Removal Pub. L. 102368, title I Sept. 23, 1992 106 Stat. 1118 Pub. L. 101650 Aug. 1, 1993 Subtitle II of title IV of Pub. L. 101650 Dec. 1, 1990 104 Stat. 5124 Pub. L. 102198,  8(a) Dec. 9, 1991 105 Stat. 1625 Computation of Judicial Service, District of Alaska Inclusion of service as judge of the District Court for the Territory of Alaska in the computation of years of judicial service for judges of the United States District Court for the District of Alaska, see Pub. L. 8970 section 371 of this title Judicial Service in Hawaii Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 863 section 371 of this title  373. Judges in territories and possessions (a) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires from office after attaining the age and meeting the service requirements whether continuous or otherwise, of subsection (b) shall, during the remainder of his lifetime, receive an annuity equal to the salary he is receiving at the time he retires. (b) The age and service requirements for retirement under subsection (a) of this section are as follows:     Attained age: Years of service:  65 15 66 14 67 13 68 12 69 11 70 10 (c) (1) Any judge or former judge who is receiving an annuity pursuant to this section may elect to become a senior judge of the court upon which he served before retiring. (2) The chief judge of a judicial circuit may recall any such senior judge, with the judges consent, to perform, for the court from which he retired, such judicial duties for such periods of time as the chief judge may specify. (3) Any act or failure to act by a senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall have the same force and effect as if it were an act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving as a recalled annuitant for purposes of the number of judgeships authorized for that court. (4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served. (5) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall at all times be governed by the code of judicial conduct for United States judges approved by the Judicial Conference of the United States. (d) Any judge who elects to become a senior judge under subsection (c) of this section and who thereafter (1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to recall under subsection (c) of this section); (2) engages in the practice of law; or (3) materially violates the code of judicial conduct for United States judges, shall cease to be a senior judge and to be eligible for recall pursuant to subsection (c) of this section. (e) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who is removed by the President of the United States upon the sole ground of mental or physical disability, or who is not reappointed (as judge of such court), shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (1) if his judicial service, continuous or otherwise, aggregates fifteen years or more, to receive during the remainder of his life an annuity equal to the salary he received when he left office, or (2) if his judicial service, continuous or otherwise, aggregated less than fifteen years but not less than ten years, to receive during the remainder of his life an annuity equal to that proportion of such salary which the aggregate number of his years of his judicial service bears to fifteen. (f) Service at any time as a judge of the courts referred to in subsection (a) or of any other court of the United States, as defined by section 451 of this title (g) Any retired judge who is entitled to receive an annuity under subsection (a) shall be entitled to a cost of living adjustment in the amount payable to him computed as specified in section 8340(b) of title 5 ( June 25, 1948, ch. 646 62 Stat. 904 Oct. 31, 1951, ch. 655,  40 65 Stat. 724 Feb. 10, 1954, ch. 6,  5 68 Stat. 13 Pub. L. 85508,  12(d) July 7, 1958 72 Stat. 348 Pub. L. 863,  14(d) Mar. 18, 1959 73 Stat. 10 Pub. L. 89571,  2 Sept. 12, 1966 80 Stat. 764 Pub. L. 94470 Oct. 11, 1976 90 Stat. 2052 Pub. L. 99396,  21(a) Aug. 27, 1986 100 Stat. 844  Historical and Revision Notes Based on section 634b and 634c of title 48, U.S.C., 1940 ed., Territories and Insular Possessions. [title 28, U.S.C., 1940 ed.,  375g, 375g note, 375h] ( May 31, 1938, ch. 301 52 Stat. 591 Apr. 16, 1946, ch. 139 60 Stat. 90 Section consolidates sections 634b and 634c of title 48, U.S.C., 1940 ed., as amended and transferred to title 28, U.S.C., 1940 ed., as sections 375g and 375h thereof, with changes of phraseology necessary to effect consolidation. Editorial Notes Amendments 1986 Pub. L. 99396 Any judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, who resigns after attaining the age of seventy years and after serving at least ten years, continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years, continuously or otherwise, shall continue during the remainder of his life to receive the salary he received when he relinquished office. Any judge of any such courts who is removed by the President of the United States upon the sole ground of mental or physical disability, or who fails of reappointment, shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (a) if his judicial service aggregated sixteen years or more, to receive during the remainder of his life the salary he received when he relinquished office, or (b) if his judicial service aggregated less than sixteen years but not less than ten years, to receive during the remainder of his life that proportion of such salary which the aggregate number of years of his judicial service bears to sixteen. Service at any time in any of the courts referred to in the first paragraph, or in any other court under appointment by the President, shall be included in the computation of aggregate years of judicial service for the purposes of this section. Any judge who has retired by resigning under the provisions of this section, or who is otherwise entitled to payments under this section, shall be entitled after the effective date of this Act to a cost-of-living adjustment in the amount payable to him computed as specified in section 8340(b) of title 5 Provided, however 1976 Pub. L. 94470 1966 Pub. L. 89571 1959 Pub. L. 863 section 91 of this title 1958 Pub. L. 85508 section 81A of this title 1954Act Feb. 10, 1954 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99396,  21(c) Aug. 27, 1986 100 Stat. 846 The amendments made by this section [amending this section and section 376 of this title section 373 of title 28 Aug. 27, 1986 Effective Date of 1959 Amendment Amendment by Pub. L. 863 section 91 of this title Aug. 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48 Election, Recall, Status, Compensation, Conduct, and Termination of Senior Judges Pub. L. 98454, title X,  1002 Oct. 5, 1984 98 Stat. 1745  (a) Any judge or former judge who is receiving, or will upon attaining the age of sixty-five years be entitled to receive, payments pursuant to section 373 of title 28 (b) The chief judge of a judicial circuit may recall any such senior judge of his circuit, with the judges consent, to perform in the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands such judicial duties and for such periods of time as the chief judge may specify. (c) Any act or failure to act by a senior judge performing judicial duties pursuant to this section shall have the same force and effect as if it were the act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving for purposes of the number of judgeships authorized for that court. (d) Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursuant to section 373 of title 28 (e) Senior judges under subsection (a) of this section shall at all times be governed by the code of judicial conduct for the United States judges, approved by the Judicial Conference of the United States. (f) Any person who has elected to be a senior judge under subsection (a) of this section and who thereafter (1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (b) of this section); (2) engages in the practice of law; or (3) materially violated the code of judicial conduct for the United States judges, shall cease to be a senior judge and to be eligible for recall pursuant to subsection (b) of this section. Tenure and Salary Rights of Judges in Puerto Rico in Office on September 12, 1966 Amendment by Pub. L. 89571 Sept. 12, 1966 section 4 of Pub. L. 89571 section 134 of this title Preservation of Rights of Retired Judges of the District Court for the District of Hawaii and Justices of the Supreme Court of the Territory of Hawaii Pub. L. 863,  14(d) Mar. 18, 1959 73 Stat. 10 That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection Preservation of Rights of Retired Judges of the District Court for the Territory of Alaska Pub. L. 85508,  12(d) July 7, 1958 72 Stat. 348 That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect Judicial Service in Hawaii Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 863 section 371 of this title  374. Residence of retired judges; official station  Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title section 604(a)(7) of this title ( June 25, 1948, ch. 646 62 Stat. 904 Pub. L. 86312,  1 Sept. 21, 1959 73 Stat. 587 Pub. L. 99651, title II,  202(b) Nov. 14, 1986 100 Stat. 3648 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  402 ( Feb. 11, 1938, ch. 23 52 Stat. 28 Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed. Changes were made in phraseology. Editorial Notes Amendments 1986 Pub. L. 99651 1959 Pub. L. 86312 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judge substituted for magistrate wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99651 Jan. 1, 1987 section 203 of Pub. L. 99651 section 155 of this title  375. Recall of certain judges and magistrate judges (a) (1) A bankruptcy judge or a United States magistrate judge appointed under chapter 43 of this title, who has retired under the provisions of section 377 of this title section 371(c) of this title (2) For purposes of paragraph (1) of this subsection, a certification may be made, in the case of a bankruptcy judge or a United States magistrate, 1 1 (3) For purposes of this section, the term bankruptcy judge means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984 (b) A judge or magistrate judge recalled under this section may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engage in the practice of law or engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer. (c) During the 5-year period in which a certification under subsection (a) is in effect, the judge or magistrate judge involved shall receive, in addition to the annuity provided under the provisions of section 377 of this title section 377 of this title (d) A certification under subsection (a) may be terminated in accordance with chapter 16 of this title, and such a certification shall be terminated upon the death of the recalled judge or magistrate judge involved. (e) Except as provided in subsection (b), nothing in this section shall affect the right of judges or magistrate judges who retire under the provisions of chapter 83 or chapter 84 of title 5 to serve as reemployed annuitants in accordance with the provisions of title 5. A judge or magistrate judge to whom this section applies may be recalled under section 155, 636(h), or 797 of this title, as the case may be, other than during a 5-year period in which a certification under subsection (a) is in effect with respect to that judge or magistrate judge. (f) For purposes of determining the years of service requirements in order to be eligible for recall under this section, any service as a bankruptcy judge or a United States magistrate judge, and any prior service as a referee in bankruptcy or a United States commissioner, may be credited. (g) Except as provided in subsection (c), a judge or magistrate judge recalled under this section who retired under the applicable provisions of title 5 shall be considered to be a reemployed annuitant under chapter 83 or chapter 84, as the case may be, of title 5. (h) The Judicial Conference of the United States shall promulgate regulations to implement this section. (Added Pub. L. 99651, title II,  201(b)(1) Nov. 14, 1986 100 Stat. 3647 Pub. L. 100659,  4(b) Nov. 15, 1988 102 Stat. 3918 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5117 Pub. L. 102572, title IX,  904(a) Oct. 29, 1992 106 Stat. 4517 Pub. L. 107273, div. C, title I,  11043(d) Nov. 2, 2002 116 Stat. 1855 Pub. L. 116325,  5 Jan. 12, 2021 134 Stat. 5094  Editorial Notes Prior Provisions A prior section 375, added Aug. 28, 1954, ch. 1053,  1 68 Stat. 918 Aug. 3, 1956, ch. 944,  1(b) 70 Stat. 1021 Aug. 22, 1972 Pub. L. 92397,  1 86 Stat. 579 Pub. L. 96504,  5 Dec. 5, 1980 94 Stat. 2742 Amendments 2021Subsec. (h). Pub. L. 116325 2002Subsec. (d). Pub. L. 107273 1992Subsec. (a)(1). Pub. L. 102572,  904(a)(1) Subsec. (a)(2). Pub. L. 102572,  904(a)(2) (A) in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located; and (B) in the case of a judge of the Claims Court, by the chief judge of the United States Claims Court. Subsec. (a)(3). Pub. L. 102572,  904(a)(3) (A) the term bankruptcy judge means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984 (B) the term judge of the Claims Court means a judge of the United States Claims Court who is appointed under chapter 7 of this title or who has served under section 167 of the Federal Courts Improvement Act of 1982. Subsec. (f). Pub. L. 102572,  904(a)(4) 1990Subsec. (a)(1). Pub. L. 101650 section 377 of this title 1988Subsec. (a)(1). Pub. L. 100659,  4(b)(1) Subsec. (c). Pub. L. 100659,  4(b)(2) section 377 of this title section 377 of this title Subsec. (g). Pub. L. 100659,  4(b)(3) Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judge and magistrate judges substituted for magistrate and magistrates, respectively, wherever appearing in section catchline and text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100659 Nov. 15, 1988 Nov. 15, 1988 July 31, 1987 section 9 of Pub. L. 100659 section 377 of this title Effective Date Section effective Jan. 1, 1987 section 203 of Pub. L. 99651 section 155 of this title  376. Annuities for survivors of certain judicial officials of the United States (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 October 1, 1986 (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 section 372 of this title 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 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 (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 (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 (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 (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 (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 (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 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 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 officials 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 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 (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 (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 (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 (I) 10 percent of the average annual salary determined under subsection ( l (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 officials 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 (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 (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 officials 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 claimants 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 claimants 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 claimants 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 officials widow or widower under subsection ( l (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 (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 1 1 (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 (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 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 o (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 (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 (2) shall not be effective, in the case of a judicial official who is then married, unless it is made with the spouses 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 spouses whereabouts cannot be determined, or that, due to exceptional circumstances, requiring the judicial official to seek the spouses 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 (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 survivors 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 (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 Pub. L. 85508,  12(n) July 7, 1958 72 Stat. 348 Pub. L. 90219, title II,  202 Dec. 20, 1967 81 Stat. 668 Pub. L. 90466,  1(a) Aug. 8, 1968 82 Stat. 662 Pub. L. 92397 Aug. 22, 1972 86 Stat. 579 Pub. L. 94554,  2 Oct. 19, 1976 90 Stat. 2603 Pub. L. 95598, title II,  211 Nov. 6, 1978 92 Stat. 2661 Pub. L. 99336,  2(a) June 19, 1986 100 Stat. 633 Pub. L. 99396,  21(b) Aug. 27, 1986 100 Stat. 846 Pub. L. 100659,  3(a) Nov. 15, 1988 102 Stat. 3917 Pub. L. 100702, title X,  1017(a) Nov. 19, 1988 102 Stat. 4670 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5109 Pub. L. 102572, title II,  201(a) Oct. 29, 1992 106 Stat. 45084510 Pub. L. 104317, title III Oct. 19, 1996 110 Stat. 3851 Pub. L. 106518, title III,  312(b) Nov. 13, 2000 114 Stat. 2421 Pub. L. 110402,  1(b)(2) Oct. 13, 2008 122 Stat. 4254 Pub. L. 110428,  3(a) Oct. 15, 2008 122 Stat. 4840 Pub. L. 11149,  6 Aug. 12, 2009 123 Stat. 1977 Pub. L. 112234,  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. 100659 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. 101650 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. 102572 Oct. 29, 1992 Section 3 of the Judicial Survivors Annuities Reform Act, referred to in subsec. (b)(3), is section 3 of Pub. L. 94554 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. 11149 Aug. 12, 2009 The Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is Pub. L. 11149 Aug. 12, 2009 123 Stat. 1976 Amendments 2012Subsec. (h)(2). Pub. L. 112234,  2(b)(2) Subsecs. (w) to (y). Pub. L. 112234,  2(b)(1) 2009Subsec. (y). Pub. L. 11149 2008Subsec. (a)(1)(E), (2)(E). Pub. L. 110402 Subsec. (h)(2). Pub. L. 110428,  3(b) Subsec. (x). Pub. L. 110428,  3(a) 2000Subsec. (a)(1)(D). Pub. L. 106518,  312(b)(1) Subsec. (a)(2)(D). Pub. L. 106518,  312(b)(2) 1996Subsec. (b)(1). Pub. L. 104317,  308 (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 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 (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 Pub. L. 104317,  302 1992Subsec. (a)(1). Pub. L. 102572 Subsec. (a)(1)(G), (2)(G). Pub. L. 102572,  902(b)(1) Subsec. (b). Pub. L. 102572,  201(b) Subsec. (d)(1), (2). Pub. L. 102572,  201(c) Subsec. (g). Pub. L. 102572,  201(d) December 31, 1947 Subsec. (h)(1). Pub. L. 102572,  201(e) Subsec. (k)(5). Pub. L. 102572,  201(f) Subsec. ( l Pub. L. 102572,  201(g) Subsec. (v). Pub. L. 102572,  201(h) Subsec. (w). Pub. L. 102572,  201(i) 1990Subsec. (a)(1). Pub. L. 101650,  306(b)(1) Subsec. (a)(2)(G). Pub. L. 101650,  306(b)(2) Subsec. (a)(5)(C). Pub. L. 101650,  322(g)(2) Subsec. (a)(7). Pub. L. 101650,  322(b) Subsec. (b). Pub. L. 101650,  306(b)(3) Subsec. (h)(1). Pub. L. 101650,  322(a)(1) Subsec. (h)(2). Pub. L. 101650,  322(g)(1)(A) Subsec. (h)(3). Pub. L. 101650,  322(g)(1)(B) Subsec. (h)(4). Pub. L. 101650,  322(g)(1)(C) Subsec. (h)(6). Pub. L. 101650,  322(a)(5) Subsec. (i). Pub. L. 101650,  322(c) Subsec. ( l Pub. L. 101650,  322(d) Subsec. ( o Pub. L. 101650,  322(e) o Subsec. (u). Pub. L. 101650,  322(f) 1988Subsec. (a)(1). Pub. L. 100659,  3(a)(1) October 1, 1986 October 1, 1986 Subsec. (a)(2)(F). Pub. L. 100659,  3(a)(2) Subsec. (b). Pub. L. 100659,  3(a)(3) section 377 of this title section 377 of this title Subsec. (m). Pub. L. 100702 1986Subsec. (a)(1). Pub. L. 99336,  2(a)(1) January 1, 1977 October 1, 1986 Subsec. (a)(1)(B). Pub. L. 99396,  21(b)(1) Subsec. (a)(2)(B). Pub. L. 99396,  21(b)(2) section 373 of this title Subsec. (a)(6). Pub. L. 99336,  2(d)(1) Subsec. (b). Pub. L. 99336,  2(a)(2) Subsec. (c). Pub. L. 99336,  2(a)(3) Subsec. (d). Pub. L. 99336,  2(a)(2) Subsec. (h)(1)(B). Pub. L. 99336,  2(a)(4)(A) l Subsec. (h)(1)(C). Pub. L. 99336,  2(a)(4)(B) l Subsec. (h)(2). Pub. L. 99336,  2(a)(4)(C) Subsec. (k)(1). Pub. L. 99336,  2(e) Subsec. ( l Pub. L. 99336,  2(a)(5)(C) l Subsec. ( l Pub. L. 99336,  2(a)(5)(A) Subsec. ( l Pub. L. 99336,  2(a)(5)(B) Subsec. (n). Pub. L. 99336,  2(d)(3)(B) Subsec. ( o Pub. L. 99336,  2(d)(3)(C) Subsecs. (s), (t). Pub. L. 99336,  2(d)(2) 1978Subsec. (a)(2)(A). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1976 Pub. L. 94554 1972Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), ( o Pub. L. 92397 1968Subsec. (a). Pub. L. 90466 1967Subsecs. (r), (s). Pub. L. 90219 1958Subsec. (q). Pub. L. 85508 section 81A of this title 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. 101650 section 631 of this title Effective Date of 2008 Amendment Pub. L. 110428,  3(c) Oct. 15, 2008 122 Stat. 4840 Pub. L. 11132, title V,  501(a) June 24, 2009 123 Stat. 1879  (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 (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. 11132, title V,  501(b) June 24, 2009 123 Stat. 1879 The amendments made by subsection (a) [amending section 3(c) of Pub. L. 110428 Public Law 110428 Effective Date of 1992 Amendment Pub. L. 102572, title II,  202 Oct. 29, 1992 106 Stat. 4511 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. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1990 Amendment; Transition Provisions Amendment by section 306(b) of Pub. L. 101650 Dec. 1, 1990 section 306(f) of Pub. L. 101650 section 8331 of Title 5 Pub. L. 101650, title III,  322(g) Dec. 1, 1990 104 Stat. 5119  (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 Dec. 1, 1990 section 376 of title 28 o (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 officials 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 (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 (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. 100702, title X,  1017(c) Nov. 19, 1988 102 Stat. 4670 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 Nov. 19, 1988 Amendment by Pub. L. 100659 Nov. 15, 1988 Nov. 15, 1988 July 31, 1987 section 9 of Pub. L. 100659 section 377 of this title Effective Date of 1986 Amendments Amendment by Pub. L. 99396 section 373 of this title Aug. 27, 1986 section 21(c) of Pub. L. 99396 section 373 of this title Pub. L. 99336,  2(f) June 19, 1986 100 Stat. 637 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. 94554,  8 Oct. 19, 1976 90 Stat. 2612 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 October 1, 1976 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 5, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48 Retroactive Effect of 1967 Amendment The provisions of section 611(a) of this title section 611(b) of this title Pub. L. 90219 Dec. 20, 1967 Dec. 20, 1967 section 611(a) of this title section 205(b) of Pub. L. 90219 section 611 of this title Savings Provision Pub. L. 94554,  6 Oct. 19, 1976 90 Stat. 2611 That the benefits conferred by this Act shall, on the date upon which this Act becomes effective [ Jan. 1, 1977 section 2 of the Act of August 3, 1956 70 Stat. 1021 Provided section 376 of title 28 section 2 of the Act of August 3, 1956 70 Stat. 1021  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 section 542 of Title 6 Judicial Survivors Protection Pub. L. 11149 Aug. 12, 2009 123 Stat. 1976  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 (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 Public Law 94554 90 Stat. 2611 (3) The term Judicial Survivors Annuities System means the program established under section 376 of title 28 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 (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 officials 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. 102572, title II,  201(j) Oct. 29, 1992 106 Stat. 4510 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 Oct. 29, 1992 Redeposit of Contributions Prior to 1992 Amendment Pub. L. 102572, title II,  201(k) Oct. 29, 1992 106 Stat. 4510  Any judicial official as defined in section 376(a)(1) of title 28 section 376(b) of title 28 section 7 of Public Law 94554 section 2(c)(2) of Public Law 99336 (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 Audit by GAO Pub. L. 102572, title II,  201 l Oct. 29, 1992 106 Stat. 4511 section 376 of title 28 Oct. 29, 1992 Increase for Existing Annuitants Pub. L. 100702, title X,  1017(b) Nov. 19, 1988 102 Stat. 4670 Each annuity payable from the Judicial Survivors Annuities Fund under section 376 of title 28 Nov. 19, 1988 Survivors Annuities for Incumbents Pub. L. 100659,  3(b) Nov. 15, 1988 102 Stat. 3918 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 517 In the case of a bankruptcy judge or magistrate judge who elects an annuity under section 2(c) [ 28 U.S.C. 377 section 377 of title 28 section 376 of title 28 Covered Beneficiaries Under Pub. L. 99336 Pub. L. 99336,  2(b) June 19, 1986 100 Stat. 634  The benefits conferred by section 376 of title 28 Oct. 1, 1986 (1) such annuities shall be computed in accordance with the provisions of section 376 of title 28 (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. 99336,  2(c) June 19, 1986 100 Stat. 634  (1) Within 180 days after the effective date of this section [ Oct. 1, 1986 section 376 of title 28 (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 (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. 99336,  2(d)(4) June 19, 1986 100 Stat. 636 Payments of retirement salary as defined in section 376(a)(2) of title 28 Annuity Payment to Surviving Spouses of Judges Who Died Before October 19, 1976 Pub. L. 96504,  3 Dec. 5, 1980 94 Stat. 2741  (a) As of the first pay period beginning after the effective date of this Act [ Dec. 5, 1980 section 451 of title 28 October 19, 1976 section 376 of title 28 section 376(d) of title 28 (b) Notwithstanding the provisions of section 376(h) of title 28 section 376(m) of title 28 Judicial Survivors Annuity Fund; Authorization of Appropriations Pub. L. 96504,  4 Dec. 5, 1980 94 Stat. 2742 Dec. 5, 1980 Judicial Survivors Annuities Fund Pub. L. 94554,  3 Oct. 19, 1976 90 Stat. 2611 That on the date upon which this Act becomes effective [ Jan. 1, 1977 section 2 of the Act of August 3, 1956 70 Stat. 1021 Compensation for Actuarial Deficiency in the Annuities Fund Pub. L. 94554,  4 Oct. 19, 1976 90 Stat. 2611 That on the date upon which this Act becomes effective [ Jan. 1, 1977 Increases in Widows Annuities Paid Under Section 2 of Act August 3, 1956 Pub. L. 94554,  5 Oct. 19, 1976 90 Stat. 2611 That on the date upon which this Act becomes effective [ Jan. 1, 1977 section 2 of the Act of August 3, 1956 70 Stat. 1021 Revocation of Election To Participate in Annuities Program Pub. L. 94554,  7 Oct. 19, 1976 90 Stat. 2612 That, at any time within one hundred and eighty days after the date upon which this Act becomes effective [ Jan. 1, 1977 August 3, 1956 70 Stat. 1021 Provided section 376 of title 28 Judge Taking Office on August 8, 1968 Pub. L. 90466,  1(b) Aug. 8, 1968 82 Stat. 662 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 Preservation of Rights of Judges of the District Court for the Territory of Alaska Pub. L. 85508,  12(n) July 7, 1958 72 Stat. 348 Pub. L. 85508 Appropriations Act Aug. 3, 1956, ch. 944,  5 70 Stat. 1026 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 A judge who resigned prior to the date of enactment of this Act [ Aug. 3, 1956 section 371(a) of title 28 section 373 of title 28 section 376 of title 28 August 5, 1939 Prior Death of Judge Act Aug. 3, 1956, ch. 944,  7 70 Stat. 1026 In the case of a living widow of a judge of the United States as defined in section 451 of title 28 Aug. 3, 1956 section 376 of title 28 Provided And provided further section 451 of title 28 o section 376 of title 28  377. Retirement of bankruptcy judges and magistrate judges (a)  Retirement Based on Years of Service A bankruptcy judge or magistrate judge to whom this section applies and who retires from office after attaining the age of 65 years and serving at least 14 years, whether continuously or otherwise, as such bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, during the remainder of the judges or magistrate judges lifetime, an annuity equal to the salary being received at the time the judge or magistrate judge leaves office. (b)  Retirement Upon Failure of Reappointment A bankruptcy judge or magistrate judge to whom this section applies, who is not reappointed following the expiration of the term of office of such judge or magistrate judge, and who retires upon the completion of the term shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of such bankruptcy judges or magistrate judges lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14, if (1) such judge or magistrate judge has served at least 1 full term as a bankruptcy judge or magistrate judge, and (2) not earlier than 9 months before the date on which the term of office of such judge or magistrate judge expires, and not later than 6 months before such date, such judge or magistrate judge notified the appointing authority in writing that such judge or magistrate judge was willing to accept reappointment to the position in which such judge or magistrate judge was serving. For purposes of this subsection, in the case of a bankruptcy judge, the written notice required by paragraph (2) shall be given to the chief judge of the circuit in which such bankruptcy judge is serving and, in the case of a magistrate judge, such notice shall be given to the chief judge of the district court in which the magistrate judge is serving. (c)  Service of at Least Years A bankruptcy judge or magistrate judge to whom this section applies and who retires after serving at least 8 years, whether continuously or otherwise, as such a bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of the judges or magistrate judges lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14. Such annuity shall be reduced by 16 of 1 percent for each full month such bankruptcy judge or magistrate judge was under the age of 65 at the time the judge or magistrate judge left office, except that such reduction shall not exceed 20 percent. (d)  Retirement for Disability A bankruptcy judge or magistrate judge to whom this section applies, who has served at least 5 years, whether continuously or otherwise, as such a bankruptcy judge or magistrate judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judges or magistrate judges lifetime, an annuity equal to 40 percent of the salary being received at the time of retirement or removal or, in the case of a judge or magistrate judge who has served for at least 10 years, an amount equal to that proportion of the salary being received at the time of retirement or removal which the aggregate number of years of service, not to exceed 14, bears to 14. (e)  Cost-of-Living Adjustments A bankruptcy judge or magistrate judge who is entitled to an annuity under this section is also entitled to a cost-of-living adjustment in such annuity, calculated and payable in the same manner as adjustments under section 8340(b) of title 5 (f)  Election; Annuity in Lieu of Other Annuities A bankruptcy judge or magistrate judge shall be entitled to an annuity under this section if the judge or magistrate judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts. A bankruptcy judge or magistrate judge who elects to receive an annuity under this section shall not be entitled to receive 1 1 (1) any annuity to which such judge or magistrate judge would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5, for service performed as such a judge or magistrate judge or otherwise; (2) an annuity or salary in senior status or retirement under section 371 or 372 of this title; (3) retired pay under section 7447 of the Internal Revenue Code of 1986; or (4) retired pay under section 7296 of title 38 (g)  Calculation of Service (1) For purposes of calculating an annuity under this section (A) full-time service as a bankruptcy judge or magistrate judge to whom this section applies may be credited; and (B) each month of service shall be credited as one-twelfth of a year, and the fractional part of any month shall not be credited. (2) (A) In the case of an individual who is a bankruptcy judge to whom this section applies and who retires under this section or who is removed from office under subsection (d) upon the sole ground of mental or physical disability, any service of that individual as a United States magistrate judge to whom this section applies, and any service of that individual as a full-time judicial officer who performed the duties of a magistrate judge and a bankruptcy judge at the same time, shall be included for purposes of calculating years of service under subsection (a), (b), (c), or (d), as the case may be. (B) In the case of an individual who is a magistrate judge to whom this section applies and who retires under this section or who is removed from office under subsection (d) upon the sole ground of mental or physical disability, any service of that individual as a bankruptcy judge to whom this section applies, and any service of that individual as a full-time judicial officer who performed the duties of magistrate judge and a bankruptcy judge at the same time, shall be included for purposes of calculating years of service under subsection (a), (b), (c), or (d), as the case may be. (h)  Covered Positions and Service This section applies to (1) any bankruptcy judge appointed under (A)  section 152 of this title (B) section 34 of the Bankruptcy Act before the repeal of that Act by section 401 of the Act of November 6, 1978 Public Law 95598 92 Stat. 2682 (C)  section 404 of the Act of November 6, 1978 Public Law 95598 92 Stat. 2549 (2) any United States magistrate judge appointed under section 631 of this title only with respect to service on or after October 1, 1979 (i)  Payments Pursuant to Court Order (1) Payments under this section which would otherwise be made to a bankruptcy judge or magistrate judge based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. (2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe. (3) As used in this subsection, the term court means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or courts of Indian offense. (j)  Deductions, Contributions, and Deposits. (1)  Deductions Beginning with the next pay period after the Director of the Administrative Office of the United States Courts receives a notice under subsection (f) that a bankruptcy judge or magistrate judge has elected an annuity under this section, the Director shall deduct and withhold 1 percent of the salary of such bankruptcy judge or magistrate judge. Amounts shall be so deducted and withheld in a manner determined by the Director. Amounts deducted and withheld under this subsection shall be deposited in the Treasury of the United States to the credit of the Judicial Officers Retirement Fund. Deductions under this subsection from the salary of a bankruptcy judge or magistrate judge shall terminate upon the retirement of the bankruptcy judge or magistrate judge or upon completing 14 years of service for which contributions under this section have been made, whether continuously or otherwise, as calculated under subsection (g), whichever occurs first. (2)  Consent to Deductions; Discharge of Claims Each bankruptcy judge or magistrate judge who makes an election under subsection (f) shall be deemed to consent and agree to the deductions from salary which are made under paragraph (1). Payment of such salary less such deductions (and any deductions made under section 376 of this title (k)  Deposits for Prior Service Each bankruptcy judge or magistrate judge who makes an election under subsection (f) may deposit, for service performed before such election for which contributions may be made under this section, an amount equal to 1 percent of the salary received for that service. Credit for any period covered by that service may not be allowed for purposes of an annuity under this section until a deposit under this subsection has been made for that period. (l)  Individual Retirement Records The amounts deducted and withheld under subsection (j), and the amounts deposited under subsection (k), shall be credited to individual accounts in the name of each bankruptcy judge or magistrate judge from whom such amounts are received, for credit to the Judicial Officers Retirement Fund. (m)  Annuities Affected in Certain Cases. (1)  Practicing law after retirement. (A)  Forfeiture of annuity Subject to subparagraph (B), any bankruptcy judge or magistrate judge who retires under this section and who thereafter practices law shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he or she so practices law. (B)  Forfeiture not to apply where individual elects to freeze amount of annuity (i) If a bankruptcy judge or magistrate judge makes an election to practice law after retirement under this section (I) subparagraph (A) shall not apply to such bankruptcy judge or magistrate judge beginning on the date such election takes effect, and (II) the annuity payable under this section to such bankruptcy judge or magistrate judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such bankruptcy judge or magistrate judge is entitled on the day before such effective date. (ii) An election under clause (i) (I) may be made by a bankruptcy judge or magistrate judge eligible for retirement under this section, and (II) shall be filed with the Director of the Administrative Office of the United States Courts. Such an election, once it takes effect, shall be irrevocable. (iii) Any election under this subparagraph shall take effect on the first day of the first month following the month in which the election is made. (2)  Recall not permitted Any bankruptcy judge or magistrate judge who retires under this section and who thereafter practices law shall not be eligible for recall under section 155(b), 375, or 636(h) of this title. (3)  Accepting other employment Any bankruptcy judge or magistrate judge who retires under this section and thereafter accepts compensation for civil office or employment under the United States Government (other than for the performance of functions as a bankruptcy judge or magistrate judge under section 155(b), 375, or 636(h) of this title) shall forfeit all rights to an annuity under this section for the period for which such compensation is received. For purposes of this paragraph, the term compensation includes retired pay or salary received in retired status. (n)  Lump-Sum Payments. (1)  Eligibility (A) Subject to paragraph (2), an individual who serves as a bankruptcy judge or magistrate judge and (i) who leaves office and is not reappointed as a bankruptcy judge or magistrate judge for at least 31 consecutive days; (ii) who files an application with the Administrative Office of the United States Courts for payment of the lump-sum credit; (iii) is not serving as a bankruptcy judge or magistrate judge at the time of filing of the application; and (iv) will not become eligible to receive an annuity under this section within 31 days after filing the application; is entitled to be paid the lump-sum credit. Payment of the lump-sum credit voids all rights to an annuity under this section based on the service on which the lump-sum credit is based, until that individual resumes office as a bankruptcy judge or magistrate judge. (B) Lump-sum benefits authorized by subparagraphs (C), (D), and (E) of this paragraph shall be paid to the person or persons surviving the bankruptcy judge or magistrate judge and alive on the date title to the payment arises, in the order of precedence set forth in subsection ( o section 376 of this title o (C) If a bankruptcy judge or magistrate judge dies before receiving an annuity under this section, the lump-sum credit shall be paid. (D) If all annuity rights under this section based on the service of a deceased bankruptcy judge or magistrate judge terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. (E) If a bankruptcy judge or magistrate judge who is receiving an annuity under this section dies, annuity accrued and unpaid shall be paid. (F) Annuity accrued and unpaid on the termination, except by death, of the annuity of a bankruptcy judge or magistrate judge shall be paid to that individual. (G) Subject to paragraph (2), a bankruptcy judge or magistrate judge who forfeits rights to an annuity under subsection (m)(3) before the total annuity paid equals the lump-sum credit, shall be entitled to be paid the difference if the bankruptcy judge or magistrate judge files an application with the Administrative Office of the United States Courts for payment of that difference. A payment under this subparagraph voids all rights to an annuity on which the payment is based. (2)  Spouses and former spouses (A) Payment of the lump-sum credit under paragraph (1)(A) or a payment under paragraph (1)(G) (i) may be made only if any current spouse and any former spouse of the bankruptcy judge or magistrate judge are notified of the bankruptcy judges or magistrate judges application; and (ii) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court or court approved property settlement agreement incident to such decree, if (I) the decree, order, or agreement expressly relates to any portion of the lump-sum credit or other payment involved; and (II) payment of the lump-sum credit or other payment would extinguish entitlement of the bankruptcy judges or magistrate judges spouse or former spouse to any portion of an annuity under subsection (i). (B) Notification of a spouse or former spouse under this paragraph shall be made in accordance with such requirements as the Director of the Administrative Office of the United States Courts shall by regulation prescribe. The Director may provide under such regulations that subparagraph (A)(i) may be waived with respect to a spouse or former spouse if the bankruptcy judge or magistrate judge establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined. (C) The Director shall prescribe regulations under which this paragraph shall be applied in any case in which the Director receives two or more orders or decrees described in subparagraph (A). (3)  Definition For purposes of this subsection, the term lump-sum credit means the unrefunded amount consisting of (A) retirement deductions made under this section from the salary of a bankruptcy judge or magistrate judge; (B) amounts deposited under subsection (k) by a bankruptcy judge or magistrate judge covering earlier service; and (C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Judicial Officers Retirement Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under subsection ( o but does not include interest (i) if the service covered thereby aggregates 1 year or less; or (ii) for the fractional part of a month in the total service. (o)  Judicial Officers Retirement Fund. (1)  Establishment There is established in the Treasury a fund which shall be known as the Judicial Officers Retirement Fund. The Fund is appropriated for the payment of annuities, refunds, and other payments under this section. (2)  Investment of fund The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Judicial Officers Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. (3)  Unfunded liability (A) There are authorized to be appropriated to the Judicial Officers Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund. (B) For purposes of subparagraph (A), the term unfunded liability means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31 (i) the present value of deductions to be withheld under this section from the future basic pay of bankruptcy judges and magistrate judges; plus (ii) the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31 (C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (Added Pub. L. 100659,  2(a) Nov. 15, 1988 102 Stat. 3910 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5117 Pub. L. 10240, title IV,  402(d)(2) May 7, 1991 105 Stat. 239  Editorial Notes  References in Text Section 7447 of the Internal Revenue Code, referred to in subsec. (f)(3), is classified to section 7447 of Title 26 Section 34 of the Bankruptcy Act, referred to in subsec. (h)(1)(B), was classified to section 62 of former Title 11, Bankruptcy. The Bankruptcy Act was repealed effective Oct. 1, 1979 Pub. L. 95598 Nov. 6, 1978 92 Stat. 2682 Section 404 of the Act of November 6, 1978 Public Law 95598 92 Stat. 2549 section 151 of this title Pub. L. 98353, title I,  114 July 10, 1984 98 Stat. 343 Amendments 1991Subsec. (f)(4). Pub. L. 10240 section 7296 of title 38 section 4096 of title 38 1990Subsec. (f). Pub. L. 101650,  325(b)(3)(A) Subsec. (h). Pub. L. 101650,  325(b)(3)(B) Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judge, magistrate judges, and magistrate judges substituted for magistrate, magistrates, and magistrates, respectively, wherever appearing in section catchline and text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date Pub. L. 100659,  9 Nov. 15, 1988 102 Stat. 3921 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  (a)  In General Subject to subsection (b), this Act [enacting this section and section 8440a [now 8440b] of Title 5, Government Organization and Employees, amending sections 155, 375, 376, 604, 631, and 636 of this title and sections 8334 and 8402 of Title 5, and enacting provisions set out as notes under this section and sections 1 and 376 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [ Nov. 15, 1988 (b)  Exception for Judges and Magistrate Judges Retiring on or after July A bankruptcy judge or magistrate judge who left office on or after July 31, 1987 Nov. 15, 1988 Annuity of Qualified Magistrate Judge Pub. L. 107116, title V,  515 Jan. 10, 2002 115 Stat. 2220  (a) In this section the term qualified magistrate judge means any person who (1) retired as a magistrate judge before November 15, 1988 (2) on the date of filing an election under subsection (b) (A) is serving as a recalled magistrate judge on a full-time basis under section 636(h) of title 28 (B) has completed at least 5 years of full-time recall service. (b) The Director of the Administrative Office of the United States Courts may accept the election of a qualified magistrate judge to (1) receive an annuity under section 377 of title 28 (2) come within the purview of section 376 of such title. (c) Full-time recall service performed by a qualified magistrate judge shall be credited for service in calculating an annuity elected under this section. (d) The Director of the Administrative Office of the United States Courts may promulgate regulations to carry out this section. Retirement Annuities for Incumbent Bankruptcy Judges and Magistrate Judges Pub. L. 100659,  2(c) Nov. 15, 1988 102 Stat. 3916 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  (1)  Retirement annuity under title 5 and section 377 of title 28 A bankruptcy judge or United States magistrate judge in active service on the effective date of this Act [see Effective Date note above] shall, subject to paragraph (2), be entitled, in lieu of the annuity otherwise provided under the amendments made by this section [enacting this section] to (A) an annuity under subchapter III of chapter 83, or under chapter 84, of title 5, United States Code, as the case may be, for creditable service before the date on which service would begin to be credited for purposes of subparagraph (B), and (B) an annuity calculated under subsection (b) or (c) and subsection (g) of section 377 of title 28 October 1, 1979 (i) in the case of a judge or magistrate judge who retires with less than 8 years of service, the annuity under subsection (c) of section 377 of title 28 (ii) the aggregate amount of the annuity initially payable on retirement under this subsection may not exceed the rate of pay for the bankruptcy judge or magistrate judge which is in effect on the day before the retirement becomes effective. (2)  Filing of notice of election A bankruptcy judge or magistrate judge shall be entitled to an annuity under this subsection only if the judge or magistrate judge files a notice of that election with the Director of the Administrative Office of the United States Courts specifying the date on which service would begin to be credited under section 377 of title 28 (3)  Lump-sum credit under title 5 A bankruptcy judge or magistrate judge who makes an election under paragraph (2) shall be entitled to a lump-sum credit under section 8342 or 8424 of title 5, United States Code, as the case may be, for any service which is covered under section 377 of title 28 (4)  Recall With respect to any bankruptcy judge or magistrate judge receiving an annuity under this subsection who is recalled to serve under section 375 of title 28 (A) the amount of compensation which such recalled judge or magistrate judge receives under subsection (c) of such section shall be calculated on the basis of the annuity received under this subsection; and (B) such recalled judge or magistrate judge may serve as a reemployed annuitant to the extent permitted by subsection (e) of section 375 of such title. Section 377(m)(3) of title 28 Report to Congress on Financial Operation of Retirement Annuity Program Pub. L. 100659,  8 Nov. 15, 1988 102 Stat. 3920 The Director of the Administrative Office of the United States Courts shall, not later than 5 years after the date of the enactment of this Act [ Nov. 15, 1988 CHAPTER 19 DISTRIBUTION OF REPORTS AND DIGESTS    Sec.  411. Supreme Court reports; printing, binding, and distribution.  412. Sale of Supreme Court reports.  413. Publications; distribution to courts.  414. Transmittal of books to successors.  [ 415. Repealed.]  Editorial Notes Amendments 1982 Pub. L. 97164, title I,  113 Apr. 2, 1982 96 Stat. 29 1952 Act July 10, 1952, ch. 632,  3 66 Stat. 540  411. Supreme Court reports; printing, binding, and distribution (a) The decisions of the Supreme Court of the United States shall be printed, bound, and distributed in the preliminary prints and bound volumes of the United States Reports as soon as practicable after rendition, to be charged to the proper appropriation for the judiciary. The number and distribution of the copies shall be under the control of the Joint Committee on Printing. (b) Reports printed prior to June 12, 1926 (c) The Director of the Government Publishing Office, or other printer designated by the Supreme Court of the United States, upon request, shall furnish to the Superintendent of Documents the reports required to be distributed under the provisions of this section. ( June 25, 1948, ch. 646 62 Stat. 904 May 24, 1949, ch. 139,  68 63 Stat. 99 Oct. 31, 1951, ch. 655,  41 65 Stat. 725 July 10, 1952, ch. 632,  4 66 Stat. 540 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  334 ( Mar. 3, 1911, ch. 231,  227 36 Stat. 1154 Mar. 4, 1911, ch. 285,  1 36 Stat. 1419 July 1, 1922, ch. 267,  3 42 Stat. 816 June 12, 1926, ch. 568 44 Stat. 736 Jan. 29, 1929, ch. 113 45 Stat. 1143 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 July 3, 1930, ch. 863,  1 46 Stat. 1016 Feb. 23, 1931, ch. 276,  30 46 Stat. 1214 May 17, 1932, ch. 190 47 Stat. 158 June 30, 1932, ch. 314,  501 47 Stat. 415 May 10, 1934, ch. 277,  512 48 Stat. 758 June 10, 1933 June 7, 1934, ch. 426 48 Stat. 926 May 27, 1936, ch. 463,  1 49 Stat. 1380 June 20, 1936, ch. 630,  5 49 Stat. 1549 June 25, 1936, ch. 804 49 Stat. 1921 Requirements for printing, binding, and issuing Supreme Court decisions within eight months after said decisions have been rendered by the Supreme Court and provision for distribution within said period were omitted. The phrase as soon as practicable after rendition was made the time for publishing such decisions as more flexible and practicable. The words the United States Court for China were omitted inasmuch as that court is no longer functioning. The Secretary of State by an arrangement with China has relinquished the extraterritorial jurisdiction previously exercised by the United States in China. The 1944 Legislative and Judiciary Appropriation Act approved June 28, 1943 57 Stat. 241 July 2, 1942 56 Stat. 502 The words to the Secretary of War for the use of the proper courts and officers of the Philippine Islands, seven copies were omitted in view of the independence of the Philippines, effective July 4, 1946 The phrase justice or judge of the United States obviated repetition of names of courts. (See definitive section 451 of this title Last sentence, fourth paragraph, of section 334 of title 28 section 414 of this title A reference to the United States attorney for the District of Columbia was omitted as covered by each United States attorney. Provision authorizing distribution of volumes under this section to each place where a court of appeals is held was added for purposes of uniformity. See similar provision in section 413 of this title The revised section substitutes the Director of the Administrative Office of the United States Courts in lieu of the Attorney General insofar as distribution of volumes to the judiciary is concerned. This change is consistent with the duties of the former under section 601 et seq. of this title. Provision of section 334 of title 28 The limitation of 10 copies to the library of the Supreme Court and 6 copies to the marshal of the Supreme Court for use of the justices, was omitted and the provision for distribution in such number specified by the Chief Justice of the United States was substituted therefor. Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28 July 1, 1922, ch. 267,  5 42 Stat. 818 May 29, 1926, ch. 425,  3 44 Stat. 678 Changes were made in phraseology and arrangement. 1949 Act Subsection (a) of this section substitutes, in section 411(a) of title 28 July 26, 1947 61 Stat. 501 July 16, 1946 60 Stat. 1097 It substitutes, in such section 411(a), Director of the Bureau of Land Management for Commissioner of the General Land Office, in view of section 403 of such plan which abolished the General Land Office and created the Bureau of Land Management, headed by a Director. It inserts as new, in such section 411(a), references to the Secretary of Defense, Secretary of the Air Force, and Judge Advocate General of the Air Force, in view of the creation of the National Military Establishment, headed by the Secretary of Defense, and the establishment of the Department of the Air Force in 1947. Subsection (b) of this section redesignates, in section 411(b) of title 28 Editorial Notes Amendments 1952Act July 10, 1952 1951Subsec. (c). Act Oct. 31, 1951 1949Subsec. (a). Act May 24, 1949 Subsec. (b). Act May 24, 1949 Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in subsec. (c) on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44  412. Sale of Supreme Court reports  The Director of the Government Publishing Office, or other printer designated by the Supreme Court of the United States shall print such additional bound volumes and preliminary prints of such reports as may be required for sale to the public. Such additional copies shall be sold by the Superintendent of Documents, as provided by law. ( June 25, 1948, ch. 646 62 Stat. 906 July 10, 1952, ch. 632,  5 66 Stat. 541 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  335 ( Mar. 3, 1911, ch. 231,  228 36 Stat. 1155 July 1, 1922, ch. 267,  4 42 Stat. 818 May 29, 1926, ch. 425,  2 44 Stat. 677 Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28 July 1, 1922, ch. 267,  5 42 Stat. 818 May 29, 1926, ch. 425,  3 44 Stat. 678 Reference to digests was omitted to conform to administrative practice. (See section 604(a)(9) of this title Changes were made in phraseology. Editorial Notes Amendments 1952Act July 10, 1952 Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in text on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44  413. Publications; distribution to courts  Distribution of publications to Federal courts in accordance with the provisions of this chapter shall not be made to any place where such court is held in a building not owned or controlled by the United States unless such publications are committed to the custody of an officer of the United States at such building. The Attorney General and the Director in the procurement of law books, books of reference or periodicals may exchange or sell similar items and apply the allowance or proceeds to payment in whole or in part of the cost of the items procured. ( June 25, 1948, ch. 646 62 Stat. 906 May 24, 1949, ch. 139,  69 63 Stat. 100 July 10, 1952, ch. 632,  6 66 Stat. 541  Historical and Revision Notes 1948 Act Based on section 1131 of title 26 Mar. 3, 1911, ch. 231,  229 36 Stat. 1155 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 May 10, 1934, ch. 277,  512 48 Stat. 758 June 7, 1934, ch. 426 48 Stat. 926 June 25, 1936, ch. 804 49 Stat. 1921 Feb. 10, 1939, ch. 2,  1131 53 Stat. 163 May 14, 1940, ch. 189 54 Stat. 210 July 2, 1942, ch. 472 56 Stat. 504 June 28, 1943, ch. 173 57 Stat. 243 June 26, 1944, ch. 277,  203 58 Stat. 358 May 21, 1945, ch. 129 59 Stat. 200 July 5, 1946, ch. 541 60 Stat. 480 Section consolidates provisions of section 1131 of title 26 Other provisions of section 1131 of title 26 section 604 of this title Provisions of section 530 of title 28 Act June 29, 1944, ch. 286, title II,  212 58 Stat. 361 Provisions of said section 337 of title 28 section 414 of this title Similar provisions in said section 530 of title 28 section 414 of this title Provision in section 337 of title 28 The revised section is extended to include the Customs Court as well as the Court of Claims and Court of Customs and Patent Appeals. All judges receive the Supreme Court reports and digests under section 411 of this title The revised section provides for distribution of volumes to the judiciary by the Director of the Administrative Office of the United States Courts. (See revisers note under section 411 of this title Similar publications are purchased by the Marshal of Supreme Court for the use of the Court. (See section 672(5) of this title The provisions of section 337 of title 28 Provision of section 337 of title 28 Numerous changes were made in phraseology and superfluous language was omitted. Senate Revision Amendment As finally enacted, part of act July 9, 1947, ch. 211, title IV 61 Stat. 306 Although section 1131 of Title 26 1949 Act Subsection (a) of this section eliminates from section 413 of title 28 Subsection (b) of this section incorporates in section 413 of title 28 June 3, 1948 62 Stat. 321 Editorial Notes Amendments 1952Act July 10, 1952 1949Act May 24, 1949  414. Transmittal of books to successors  All government publications and law books furnished to justices, judges, clerks of courts, and United States attorneys of the United States and its territories and possessions, and other officers of the United States or an agency thereof shall be transmitted to their successors in office. All permanent or bound books and publications furnished under this chapter except those books furnished to the Library of Congress for international exchange shall remain the property of the United States and shall be marked plainly, The Property of the United States. ( June 25, 1948, ch. 646 62 Stat. 906 Pub. L. 87845,  7 Oct. 18, 1962 76A Stat. 699  Historical and Revision Notes Based on section 90 of title 5 section 530 of title 28 section 92 of title 44 Aug. 7, 1882, ch. 433,  1 22 Stat. 336 Jan. 12, 1895, ch. 23,  74 28 Stat. 620 June 20, 1936, ch. 630 49 Stat. 1552 May 14, 1940, ch. 189 54 Stat. 210 June 28, 1941, ch. 258 55 Stat. 301 July 2, 1942, ch. 472 56 Stat. 504 June 28, 1943, ch. 173 57 Stat. 243 June 26, 1944, ch. 277,  203 58 Stat. 358 May 21, 1945, ch. 129 59 Stat. 200 July 5, 1946, ch. 541 60 Stat. 480 Section consolidates section 90 of title 5 section 530 of title 28 section 92 of title 44 Words All Government publications and lawbooks and furnished under this chapter were used to cover all statutes and The Federal Reporter and continuations thereto. Words justices and judges of the United States were substituted for United States judges in conformity with uniform use of the phrase to describe all members of the Federal judiciary. Similar provisions in sections 334 and 377 of title 28, U.S.C., 1940 ed., were therefore omitted as covered by this revised section. Other provisions of said section 530 of title 28 section 413 of this title The words permanent or bound were inserted in the last sentence of the revised section to obviate the wasteful practice under existing law of marking temporary pamphlets. Changes were made in phraseology. Senate Revision Amendment As finally enacted, part of act July 9, 1947, ch. 211, title IV 61 Stat. 306 Editorial Notes Amendments 1962 Pub. L. 87845 Statutory Notes and Related Subsidiaries Effective Date of 1962 Amendment Pub. L. 87845,  25 Oct. 18, 1962 76A Stat. 701 This Act [enacting section 4210 of Title 18 section 858 of Title 50 section 14 of Title 18 section 1934 of Title 22 section 196 of Title 24 January 2, 1963 January 9, 1962 [ 415. Repealed. Pub. L. 97164, title I,  113 Apr. 2, 1982 96 Stat. 29   Section, acts June 25, 1948, ch. 646 62 Stat. 906 May 24, 1949, ch. 139,  70 63 Stat. 100 section 174(b) of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 21 GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES    Sec.  451. Definitions.  452. Courts always open; power unrestricted by expiration of sessions. 1 1  453. Oath of justices and judges. 1  454. Practice of law by justices and judges.  455. Disqualification of justice, judge, or magistrate judge.  456. Traveling expenses of justices and judges; official duty stations.  457. Records; obsolete papers.  458. Relative of justice or judge ineligible to appointment.  459. Administration of oaths and acknowledgments.  460. Application to other courts.  461. Adjustments in certain salaries.  462. Court accommodations.  463. Expenses of litigation.  Editorial Notes Amendments 1982 Pub. L. 97164, title I Apr. 2, 1982 96 Stat. 31 1978 Pub. L. 95598, title II Nov. 6, 1978 92 Stat. 2661 1975 Pub. L. 9482, title II,  205(a)(2) Aug. 9, 1975 89 Stat. 422 1974 Pub. L. 93512,  2 Dec. 5, 1974 88 Stat. 1610 1963 Pub. L. 88139,  3(b) Oct. 16, 1963 77 Stat. 248 1951 Act Oct. 31, 1951, ch. 655,  42 65 Stat. 725  Change of Name Words magistrate judge substituted for magistrate in item 455 pursuant to section 321 of Pub. L. 101650 section 631 of this title  451. Definitions  As used in this title: The term court of the United States includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior. The terms district court and district court of the United States mean the courts constituted by chapter 5 of this title. The term judge of the United States includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior. The term justice of the United States includes the Chief Justice of the United States and the associate justices of the Supreme Court. The terms district and judicial district means the districts enumerated in Chapter 5 of this title. The term department means one of the executive departments enumerated in section 1 of Title 5 The term agency includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. ( June 25, 1948, ch. 646 62 Stat. 907 Pub. L. 863,  10 Mar. 18, 1959 73 Stat. 9 Pub. L. 89571,  3 Sept. 12, 1966 80 Stat. 764 Pub. L. 95598, title II,  213 Nov. 6, 1978 92 Stat. 2661 Pub. L. 96417, title V,  501(10) Oct. 10, 1980 94 Stat. 1742 Pub. L. 97164, title I,  114 Apr. 2, 1982 96 Stat. 29  Historical and Revisions Notes This section was inserted to make possible a greater simplification in consolidation of the provisions incorporated in this title. The definitions of agency and department conform with such definitions in section 6 of revised title 18, U.S.C. (H.R. 3190, 80th Cong.). Senate Revision Amendment Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes  References in Text Section 1 of Title 5 section 101 of Title 5 Amendments 1982 Pub. L. 97164 1980 Pub. L. 96417 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1966 Pub. L. 89571 1959 Pub. L. 863 Editorial Notes Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1959 Amendment Pub. L. 863,  10 Mar. 18, 1959 73 Stat. 9 section 10 of Pub. L. 863 Aug. 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 Circuit Court of Appeals; Senior Circuit Judge, Etc. Defined Act June 25, 1948, ch. 646,  32 62 Stat. 991 act May 24, 1949, ch. 139,  127 63 Stat. 107  (a) All laws of the United States in force on September 1, 1948 (b) All laws of the United States in force on September 1, 1948 (c) All laws of the United States in force on September 1, 1948 (d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices. Judges of the United States Act June 25, 1948, ch. 646,  2(a) 62 Stat. 985 act Sept. 3, 1954, ch. 1263,  51(a) 68 Stat. 1245 The Chief Justices of the United States Court of Appeals for the District of Columbia, the District Court of the United States for the District of Columbia, and the Court of Claims [now United States Court of Federal Claims], and the presiding judge of the Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], in office on the effective date of this Act shall be the chief judges of their respective courts. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, the Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, the Chief Justice of the Court of Claims [now United States Court of Federal Claims], and the presiding judge of the Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], in office on the effective date of this Act, shall be judges of the United States within the meaning of Section 451 of Title 28 Act Sept. 3, 1954, ch. 1263,  51(b) 68 Stat. 1246 Sept. 1, 1948  452. Courts always open; powers unrestricted by expiration of sessions  All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders. The continued existence or expiration of a session of a court in no way affects the power of the court to do any act or take any proceeding. ( June 25, 1948, ch. 646 62 Stat. 907 Pub. L. 88139,  2 Oct. 16, 1963 77 Stat. 248  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  13 and 302 ( Mar. 3, 1911, ch. 231 36 Stat. 1088 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 Sections 13 and 302 of title 28, U.S.C., 1940 ed., related only to district courts and the Court of Customs and Patent Appeals, and this section has been written to cover all other courts of the United States. Other provisions of said section 302 of title 28 The phrase always open means never closed and signifies the time when a court can exercise its functions. With respect to matters enumerated by statute or rule as to which the court is always open, there is no time when the court is without power to act. (Ex parte Branch, 63 Ala. 383, 387.) Section 13 of title 28 Rules 6(c) and 77(a) of the Federal Rules of Civil Procedure contain provisions similar to the second and first paragraphs, respectively, of this section with respect to civil actions in district courts. Editorial Notes Amendments 1963 Pub. L. 88139  453. Oaths of justices and judges  Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God. ( June 25, 1948, ch. 646 62 Stat. 907 Pub. L. 101650, title IV,  404 Dec. 1, 1990 104 Stat. 5124  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  241, 372, and District of Columbia Code, 1940 ed.,  11203, 11303 (R.S.D.C.,  752, 18 Stat. pt. II, 90; Feb. 9, 1893, ch. 74,  3 27 Stat. 435 Mar. 3, 1901, ch. 854,  223 31 Stat. 1224 Mar. 3, 1911, ch. 231 36 Stat. 1135 Feb. 25, 1919, ch. 29,  4 40 Stat. 1157 This section consolidates sections 11203 and 11303 of District of Columbia Code, 1940 ed., and section 372 of title 28 The phrase justice or judge of the United States was substituted for justices of the Supreme Court, the circuit judges, and the district judges appearing in said section 372, in order to extend the provisions of this section to judges of the Court of Claims, Customs Court, and Court of Customs and Patent Appeals and to all judges of any court which may be created by enactment of Congress. See definition in section 451 of this title The Attorney General has ruled that the expression any judge of any court of the United States applied to the Chief Justice and all judges of the Court of Claims. (21 Op. Atty. Gen. 449.) Editorial Notes Amendments 1990 Pub. L. 101650 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101650 Dec. 1, 1990 section 407 of Pub. L. 101650 section 332 of this title  454. Practice of law by justices and judges  Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor. ( June 25, 1948, ch. 646 62 Stat. 908  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  373 ( Mar. 3, 1911, ch. 231,  258 36 Stat. 1161 Changes in phraseology were made.  455. Disqualification of justice, judge, or magistrate judge (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judges knowledge likely to be a material witness in the proceeding. (c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household. (d) For the purposes of this section the following words or phrases shall have the meaning indicated: (1) proceeding includes pretrial, trial, appellate review, or other stages of litigation; (2) the degree of relationship is calculated according to the civil law system; (3) fiduciary includes such relationships as executor, administrator, trustee, and guardian; (4) financial interest means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that: (i) Ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the judge participates in the management of the fund; (ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the organization; (iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest; (iv) Ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities. (e) No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). Where the ground for disqualification arises only under subsection (a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification. (f) Notwithstanding the preceding provisions of this section, if any justice, judge, magistrate judge, or bankruptcy judge to whom a matter has been assigned would be disqualified, after substantial judicial time has been devoted to the matter, because of the appearance or discovery, after the matter was assigned to him or her, that he or she individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the justice, judge, magistrate judge, bankruptcy judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. ( June 25, 1948, ch. 646 62 Stat. 908 Pub. L. 93512,  1 Dec. 5, 1974 88 Stat. 1609 Pub. L. 95598, title II,  214(a) Nov. 6, 1978 92 Stat. 2661 Pub. L. 100702, title X,  1007 Nov. 19, 1988 102 Stat. 4667 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  24 ( Mar. 3, 1911, ch. 231,  20 36 Stat. 1090 Section 24 of title 28 The phrase in which he has a substantial interest was substituted for concerned in interest in any suit. The provision of section 24 of title 28 section 332 of this title Relationship to a partys attorney is included in the revised section as a basis of disqualification in conformity with the views of judges cognizant of the grave possibility of undesirable consequences resulting from a less inclusive rule. Changes were made in phraseology. Editorial Notes Amendments 1988Subsec. (f). Pub. L. 100702 1978 Pub. L. 95598 1974 Pub. L. 93512 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judge substituted for magistrate in section catchline and wherever appearing in subsecs. (a), (e), and (f) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 section 151 of this title Effective Date of 1974 Amendment Pub. L. 93512,  3 Dec. 5, 1974 88 Stat. 1610 This Act [amending this section] shall not apply to the trial of any proceeding commenced prior to the date of this Act [ Dec. 5, 1974  456. Traveling expenses of justices and judges; official duty stations (a) The Director of the Administrative Office of the United States Courts shall pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business at a place other than his official duty station for any continuous period of less than thirty calendar days (1) all necessary transportation expenses certified by the justice or judge; and (2) payments for subsistence expenses at rates or in amounts which the Director establishes, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States and after considering the rates or amounts set by the Administrator of General Services and the President pursuant to section 5702 of title 5 section 5702 of title 5 (b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Federal Circuit, and the United States District Court for the District of Columbia shall be the District of Columbia. (c) The official duty station of the judges of the United States Court of International Trade shall be New York City. (d) The official duty station of each district judge shall be that place where a district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives. (e) The official duty station of a circuit judge shall be that place where a circuit or district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, or that place where the Director provides chambers to the judge where he performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives. (f) The official duty station of a retired judge shall be established in accordance with section 374 of this title (g) Each circuit or district judge whose official duty station is not fixed expressly by this section shall notify the Director of the Administrative Office of the United States Courts in writing of his actual abode and official duty station upon his appointment and from time to time thereafter as his official duty station may change. ( June 25, 1948, ch. 646 62 Stat. 908 Aug. 8, 1953, ch. 376 67 Stat. 488 Pub. L. 86138 Aug. 7, 1959 73 Stat. 285 Pub. L. 95598, title II,  215 Nov. 6, 1978 92 Stat. 2661 Pub. L. 96417, title V,  501(11) Oct. 10, 1980 94 Stat. 1742 Pub. L. 97164, title I,  115(a)(1) Apr. 2, 1982 96 Stat. 30 Pub. L. 99234, title I,  107(d) Jan. 2, 1986 99 Stat. 1759  Historical and Revision Notes Based on section 1102(d) of title 26 Mar. 3, 1911, ch. 231 36 Stat. 1143 Oct. 10, 1940, ch. 843,  1 54 Stat. 1101 Aug. 7, 1939, ch. 501,  1 53 Stat. 1224 Sept. 14, 1922, ch. 306,  2 42 Stat. 838 Feb. 24, 1925, ch. 301,  2 43 Stat. 965 May 29, 1928, ch. 852,  711 45 Stat. 882 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 June 23, 1930, ch. 573,  1 46 Stat. 799 Feb. 10, 1939, ch. 2,  1102(d) 53 Stat. 159 Apr. 22, 1940, ch. 126 54 Stat. 149 May 3, 1945, ch. 106 59 Stat. 127 May 21, 1945, ch. 129 59 Stat. 197 July 5, 1946, ch. 541 60 Stat. 477 Section 270 of title 28 Sections 296, 296a of title 28, U.S.C., 1940 ed., provided for payment of such expenses of the Customs Court judges. Section 302 of title 28 section 834 of this title section 302 of title 28 Section 374 of title 28 section 460 of this title section 114 of title 48 section 451 of this title The inconsistent provision of said section 270 of title 28 The $10 per day subsistence limitation applicable to all other judges was extended to the judges of the Court of Customs and Patent Appeals. The provision of said section 270 of title 28 The provisions of said section 296 of title 28 The provision of section 296 of title 28 The provision of section 218 of title 28 The provision in section 218 of title 28 Words justice or judge of the United States were used to describe members of all courts. See definitive section 451 of this title The remaining provisions of sections 218 of title 28, U.S.C., 1940 ed., relating to the Judicial Conference of the United States and 449 of title 28, U.S.C., 1940 ed., relating to judicial conferences of circuits, are incorporated in sections 331 and 333, respectively. Said section 1102(d) of title 26 Numerous changes were made in phraseology. Senate Revision Amendments Those provisions of this section which related to the Tax Court were eliminated by Senate amendment, therefore section 1102(d) of title 26 As finally enacted, part of act July 9, 1947, ch. 211, title IV 61 Stat. 303 Editorial Notes Amendments 1986Subsec. (a). Pub. L. 99234 section 5702 of title 5 section 5702(a) of title 5 section 5702 of title 5 1982 Pub. L. 97164 Subsec. (a). Pub. L. 97164 section 5702(a) of title 5 section 5702 of title 5 63 Stat. 166 5 U.S.C. 835 section 5702 of title 5 Subsec. (b). Pub. L. 97164 Subsec. (c). Pub. L. 97164 Subsec. (d). Pub. L. 97164 Subsecs. (e), (f). Pub. L. 97164 Subsec. (g). Pub. L. 97164 1980 Pub. L. 96417 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1959 Pub. L. 86138 1953Act Aug. 8, 1953 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99234 Jan. 2, 1986 Jan. 2, 1986 section 301(a) of Pub. L. 99234 section 5701 of Title 5 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Report on Transportation Needs Pub. L. 99550,  3 Oct. 27, 1986 100 Stat. 3070 Oct. 27, 1986 Promulgation of Regulations by Director Director to promulgate regulations effectuating increases in reimbursement for expenses, see section 6 of Pub. L. 87139 Aug. 14, 1961 75 Stat. 340 section 604 of this title  457. Records; obsolete papers  The records of district courts and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit. Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States. ( June 25, 1948, ch. 646 62 Stat. 908 Pub. L. 95598, title II,  216 Nov. 6, 1978 92 Stat. 2661  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  10, 523a, 523b, ( Mar. 3, 1911, ch. 231,  6 36 Stat. 1088 June 3, 1930, ch. 396 46 Stat. 496 Section consolidates and simplifies sections 10, 523a and 523b of title 28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims. The revised section enlarges scope of section 10 of title 28 The provisions in section 10 of title 28 section 332 of this title The provision of section 523a of title 28 section 604 of this title A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections 366 and 380 of title 44, U.S.C., 1940 ed., Public Printing and Documents, which prescribe the exclusive method for disposition of such papers. Substantial changes were made in phraseology and arrangement. Editorial Notes  References in Text Sections 366380 of Title 44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 ( 3301 et seq.) of Title 44, Public Printing and Documents, by Pub. L. 90620 Oct. 22, 1968 82 Stat. 1238 Amendments 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11  458. Relative of justice or judge ineligible to appointment (a) (1) No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to any justice or judge of such court. (2) With respect to the appointment of a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court), subsection (b) shall apply in lieu of this subsection. (b) (1) In this subsection, the term (A) same court means (i) in the case of a district court, the court of a single judicial district; and (ii) in the case of a court of appeals, the court of appeals of a single circuit; and (B) member (i) means an active judge or a judge retired in senior status under section 371(b); and (ii) shall not include a retired judge, except as described under clause (i). (2) No person may be appointed to the position of judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court. ( June 25, 1948, ch. 646 62 Stat. 908 Pub. L. 105300,  1(a) Oct. 27, 1998 112 Stat. 2836  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  126 ( Mar. 3, 1887, ch. 373,  7 24 Stat. 555 Aug. 13, 1888, ch. 866,  7 25 Stat. 437 Mar. 3, 1911, ch. 231,  67 36 Stat. 1105 Dec. 21, 1911, ch. 4 37 Stat. 46 A provision referring to circuit court employees as of December 21, 1911 Changes in phraseology were made. Editorial Notes Amendments 1998 Pub. L. 105300 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Pub. L. 105300,  1(b) Oct. 27, 1998 112 Stat. 2837 This Act [amending this section] shall take effect on the date of enactment of this Act [ Oct. 27, 1998  459. Administration of oaths and acknowledgments  Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments. ( June 25, 1948, ch. 646 62 Stat. 908  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  264, 385, section 1509 of title 19 section 1114(a) of title 26 Mar. 3, 1911, ch. 231 36 Stat. 1139 June 17, 1930, ch. 497 46 Stat. 733 Feb. 10, 1939, ch. 2,  1114(a) 53 Stat. 160 Oct. 21, 1942, ch. 619 56 Stat. 957 Feb. 25, 1944, ch. 63 58 Stat. 72 Section consolidates provisions of sections 264 and 385 of title 28, U.S.C., 1940 ed., section 1509 of title 19 section 1114(a) of title 26 The provision of section 385 of title 28 Section 264 of title 28 section 953 of this title Section 1509 of title 19 Section 1114(a) of title 26 section 953 of this title The revised section clarifies what was apparently a statutory omission in that no provision was made with reference to the Court of Customs and Patent Appeals, the judges of which now will have the same power respecting administering oaths as judges of other courts. Senate Revision Amendment By Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally enacted, section 1114(a) of Title 26  460. Application to other courts (a) Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Court of Federal Claims, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof. (b) The official duty station of each judge referred to in subsection (a) which is not otherwise established by law shall be that place where the court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives. ( June 25, 1948, ch. 646 62 Stat. 908 Oct. 31, 1951, ch. 655,  43(a) 65 Stat. 725 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 95598, title II,  217(a) Nov. 6, 1978 92 Stat. 2661 Pub. L. 97164, title I,  115(b)(1) Apr. 2, 1982 96 Stat. 31 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes This section was included to make clear that the provisions of this chapter are equally applicable in Alaska, the Canal Zone and the Virgin Islands in view of definitive section 451 of this title Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572 1982 Pub. L. 97164 1978 Pub. L. 95598 1958 Pub. L. 85508 section 81A of this title 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Nov. 6, 1978 section 402(d) of Pub. L. 95598 section 101 of Title 11 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  461. Adjustments in certain salaries (a) (1) Subject to paragraph (2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 (2) In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 (b) Subsection (a) shall not apply to the extent it would reduce the salary of any individual whose compensation may not, under section 1 of article III of the Constitution of the United States, be diminished during such individuals continuance in office. (Added Pub. L. 9482, title II,  205(a)(1) Aug. 9, 1975 89 Stat. 422 Pub. L. 101194, title VII,  704(a)(2)(A) Nov. 30, 1989 103 Stat. 1769 Pub. L. 101509, title V,  529 [title I,  101(b)(4)(J)] Nov. 5, 1990 104 Stat. 1427 Pub. L. 103356, title I,  101(4) Oct. 13, 1994 108 Stat. 3411  Editorial Notes  References in Text The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5 Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a)(1), is section 704(a)(1) of Pub. L. 101194 section 5318 of Title 5 Amendments 1994Subsec. (a). Pub. L. 103356 1990Subsec. (a). Pub. L. 101509 1989Subsec. (a). Pub. L. 101194 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103356, title I,  101 Oct. 13, 1994 108 Stat. 3410 Dec. 31, 1994 Effective Date of 1990 Amendment Amendment by Pub. L. 101509 Nov. 5, 1990 Pub. L. 101509 section 5301 of Title 5 Effective Date of 1989 Amendment Amendment by Pub. L. 101194 Jan. 1, 1991 section 704(b) of Pub. L. 101194 section 5318 of Title 5 References to this Act in Div. D of Pub. L. 1118 Pub. L. 1118, div. D, title VII,  750 Mar. 11, 2009 123 Stat. 693 Except as expressly provided otherwise, any reference to this Act contained in any title other than title IV [ 123 Stat. 649 123 Stat. 695 References to this Act in Div. D of Pub. L. 110161 Pub. L. 110161, div. D, title VII,  749 Dec. 26, 2007 121 Stat. 2035 Except as expressly provided otherwise, any reference to this Act contained in any title other than title IV [ 121 Stat. 1990 121 Stat. 2035 Salary Adjustments Pub. L. 1118, div. D, title III,  310 Mar. 11, 2009 123 Stat. 649 Pursuant to section 140 of Public Law 9792 Pub. L. 1118 section 750 of Pub. L. 1118 28 U.S.C. 461 Pub. L. 110161, div. D, title III,  305 Dec. 26, 2007 121 Stat. 1989 Pursuant to section 140 of Public Law 9792 Pub. L. 110161 section 749 of Pub. L. 110161 28 U.S.C. 461 Pub. L. 109115, div. A, title IV,  405 Nov. 30, 2005 119 Stat. 2470 Pursuant to section 140 of Public Law 9792 Pub. L. 109115 28 U.S.C. 461 Pub. L. 108491,  1 Dec. 23, 2004 118 Stat. 3973 Pursuant to section 140 of Public Law 9792 section 461 of title 28 Pub. L. 108447, div. B, title III,  306 Dec. 8, 2004 118 Stat. 2895 Pursuant to section 140 of Public Law 9792 Pub. L. 108447 28 U.S.C. 461 Pub. L. 108167 Dec. 6, 2003 117 Stat. 2031 Pursuant to section 140 of Public Law 9792 section 461 of title 28 Pub. L. 1086,  1 Feb. 13, 2003 117 Stat. 10 Pursuant to section 140 of Public Law 9792 section 461 of title 28 Pub. L. 10777, title III,  305 Nov. 28, 2001 115 Stat. 783 Pursuant to section 140 of Public Law 9792 28 U.S.C. 461 Pub. L. 106553,  1(a)(2) [title III,  309] Dec. 21, 2000 114 Stat. 2762 Pursuant to section 140 of Public Law 9792 28 U.S.C. 461 Pub. L. 101194 5 U.S.C. 5318 section 5303 of title 5 Pub. L. 106113, div. B,  1000(a)(1) [title III,  304] Nov. 29, 1999 113 Stat. 1535 Pursuant to section 140 of Public Law 9792 28 U.S.C. 461 Pub. L. 105119, title III,  306 Nov. 26, 1997 111 Stat. 2493 Pursuant to section 140 of Public Law 9792 28 U.S.C. 461 Pub. L. 102395, title III,  304 Oct. 6, 1992 106 Stat. 1859 Pursuant to section 140 of Public Law 9792 28 U.S.C. 461 Pub. L. 102140, title III,  305 Oct. 28, 1991 105 Stat. 810 Pursuant to section 140 of Public Law 9792 28 U.S.C. 461 Pub. L. 101520, title III,  321 Nov. 5, 1990 104 Stat. 2285 Pursuant to section 140 of Public Law 9792 Pub. L. 101194, title VII,  703(a)(3) Nov. 30, 1989 103 Stat. 1768 section 5318 of Title 5 January 1, 1991 For purposes of section 140 of Pub. L. 9792 section 702(a) of Pub. L. 101194 Nov. 30, 1989 section 620(b) of Pub. L. 100440 5 U.S.C. 5303 section 619(b) of Pub. L. 101136 5 U.S.C. 5303 section 702 of Pub. L. 101194 section 5303 of Title 5 Pub. L. 100202,  101(a) [title IV,  406] Dec. 22, 1987 101 Stat. 1329 Pursuant to section 140 of Public Law 9792 5 U.S.C. 5305 Pub. L. 99500,  101(b) [title IV,  406] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title IV,  406] Oct. 30, 1986 100 Stat. 334139 Pursuant to section 140 of Public Law 9792 5 U.S.C. 5305 Pub. L. 9988, title I,  100 Aug. 15, 1985 99 Stat. 310 Effective on the first day of the first applicable pay period commencing on or after January 1, 1985 section 461 of title 28 section 5305 of title 5 Pub. L. 98369, div. B, title II,  2207 July 18, 1984 98 Stat. 1060 Effective on the first day of the first applicable pay period commencing on or after January 1, 1984 section 461 of title 28 section 5305 of title 5 Specific Congressional Authorization Required for Salary Increases for Federal Judges and Justices of the Supreme Court Pub. L. 9792,  140 Dec. 15, 1981 95 Stat. 1200 Pub. L. 10777, title VI,  625 Nov. 28, 2001 115 Stat. 803 Notwithstanding any other provision of law or of this joint resolution [ Pub. L. 9792 Dec. 15, 1981 Provided Salary Rate Limitations on Use of Funds 1982Limitations on use of funds for fiscal year ending Sept. 30, 1983 section 101(e) of Pub. L. 97276 section 5318 of Title 5 1981Limitations on use of funds for fiscal year ending Sept. 30, 1982 Pub. L. 9792 section 5318 of Title 5 1980Limitations on use of funds for fiscal year ending Sept. 30, 1981 section 101(c) of Pub. L. 96536 section 5318 of Title 5 1979Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980 section 304 of Pub. L. 95391 section 101 of Pub. L. 9686 section 5318 of Title 5 1978Limitations on use of funds for fiscal year ending Sept. 30, 1979 section 304 of Pub. L. 95391 section 613 of Pub. L. 95429 section 5318 of Title 5 1977 Comparability Adjustment Not Effective for Justices, Judges, Commissioners, and Referees Pub. L. 9566,  1(3) July 11, 1977 91 Stat. 270 section 5318 of Title 5 Pub. L. 9566 July 11, 1977  462. Court accommodations (a) Sessions of courts of the United States (except the Supreme Court) shall be held only at places where the Director of the Administrative Office of the United States Courts provides accommodations, or where suitable accommodations are furnished without cost to the judicial branch. (b) The Director of the Administrative Office of the United States Courts shall provide accommodations, including chambers and courtrooms, only at places where regular sessions of court are authorized by law to be held, but only if the judicial council of the appropriate circuit has approved the accommodations as necessary. (c) The limitations and restrictions contained in subsection (b) of this section shall not prevent the Director from furnishing chambers to circuit judges at places within the circuit other than where regular sessions of court are authorized by law to be held, when the judicial council of the circuit approves. (d) The Director of the Administrative Office of the United States Courts shall provide permanent accommodations for the United States Court of Appeals for the Federal Circuit and for the United States Court of Federal Claims only at the District of Columbia. However, each such court may hold regular and special sessions at other places utilizing the accommodations which the Director provides to other courts. (e) The Director of the Administrative Office of the United States Courts shall provide accommodations for probation officers, pretrial service officers, and Federal Public Defender Organizations at such places as may be approved by the judicial council of the appropriate circuit. (f) Upon the request of the Director, the Administrator of General Services is authorized and directed to provide the accommodations the Director requests, and to close accommodations which the Director recommends for closure with the approval of the Judicial Conference of the United States. (Added Pub. L. 97164, title I,  115(c)(1) Apr. 2, 1982 96 Stat. 31 Pub. L. 100702, title X,  1015 Nov. 19, 1988 102 Stat. 4669 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes Amendments 1992Subsec. (d). Pub. L. 102572 1988Subsec. (c). Pub. L. 100702 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  463. Expenses of litigation  Whenever a Chief Justice, justice, judge, officer, or employee of any United States court is sued in his official capacity, or is otherwise required to defend acts taken or omissions made in his official capacity, and the services of an attorney for the Government are not reasonably available pursuant to chapter 31 of this title, the Director of the Administrative Office of the United States Courts may pay the costs of his defense. The Director shall prescribe regulations for such payments subject to the approval of the Judicial Conference of the United States. (Added Pub. L. 97164, title I,  116(a) Apr. 2, 1982 96 Stat. 32  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 23 CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS    Sec.  471. Requirement for a district court civil justice expense and delay reduction plan.  472. Development and implementation of a civil justice expense and delay reduction plan.  473. Content of civil justice expense and delay reduction plans.  474. Review of district court action.  475. Periodic district court assessment.  476. Enhancement of judicial information dissemination.  477. Model civil justice expense and delay reduction plan.  478. Advisory groups.  479. Information on litigation management and cost and delay reduction.  480. Training programs.  481. Automated case information.  482. Definitions.  471. Requirement for a district court civil justice expense and delay reduction plan  There shall be implemented by each United States district court, in accordance with this chapter, a civil justice expense and delay reduction plan. The plan may be a plan developed by such district court or a model plan developed by the Judicial Conference of the United States. The purposes of each plan are to facilitate deliberate adjudication of civil cases on the merits, monitor discovery, improve litigation management, and ensure just, speedy, and inexpensive resolutions of civil disputes. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5090 Pub. L. 102198,  2(1) Dec. 9, 1991 105 Stat. 1623  Editorial Notes Amendments 1991 Pub. L. 102198 Congressional Statement of Findings Pub. L. 101650, title I,  102 Dec. 1, 1990 104 Stat. 5089  The Congress makes the following findings: (1) The problems of cost and delay in civil litigation in any United States district court must be addressed in the context of the full range of demands made on the district courts resources by both civil and criminal matters. (2) The courts, the litigants, the litigants attorneys, and the Congress and the executive branch, share responsibility for cost and delay in civil litigation and its impact on access to the courts, adjudication of cases on the merits, and the ability of the civil justice system to provide proper and timely judicial relief for aggrieved parties. (3) The solutions to problems of cost and delay must include significant contributions by the courts, the litigants, the litigants attorneys, and by the Congress and the executive branch. (4) In identifying, developing, and implementing solutions to problems of cost and delay in civil litigation, it is necessary to achieve a method of consultation so that individual judicial officers, litigants, and litigants attorneys who have developed techniques for litigation management and cost and delay reduction can effectively and promptly communicate those techniques to all participants in the civil justice system. (5) Evidence suggests that an effective litigation management and cost and delay reduction program should incorporate several interrelated principles, including (A) the differential treatment of cases that provides for individualized and specific management according to their needs, complexity, duration, and probable litigation careers; (B) early involvement of a judicial officer in planning the progress of a case, controlling the discovery process, and scheduling hearings, trials, and other litigation events; (C) regular communication between a judicial officer and attorneys during the pretrial process; and (D) utilization of alternative dispute resolution programs in appropriate cases. (6) Because the increasing volume and complexity of civil and criminal cases imposes increasingly heavy workload burdens on judicial officers, clerks of court, and other court personnel, it is necessary to create an effective administrative structure to ensure ongoing consultation and communication regarding effective litigation management and cost and delay reduction principles and techniques. Statutory Notes and Related Subsidiaries Implementation of Plans Pub. L. 101650, title I,  103(b) Dec. 1, 1990 104 Stat. 5096 Pub. L. 102572, title V,  505 Oct. 29, 1992 106 Stat. 4513 Pub. L. 10553,  2 Oct. 6, 1997 111 Stat. 1173 Pub. L. 106518, title II,  206 Nov. 13, 2000 114 Stat. 2414  (b)  Implementation (1) Except as provided in section 105 of this Act [set out below], each United States district court shall, within three years after the date of the enactment of this title [ Dec. 1, 1990 section 471 of title 28 (2) (A) The requirements set forth in sections 471, 472, 473, 474, 475, 477, and 478 of title 28, United States Code, as added by subsection (a), shall remain in effect for seven years after the date of the enactment of this title. (B) The requirements set forth in section 476 of title 28 (c)  Early Implementation District Courts. (1) Any United States district court that, no earlier than June 30, 1991 December 31, 1991 (2) The chief judge of a district so designated may apply to the Judicial Conference for additional resources, including technological and personnel support and information systems, necessary to implement its civil justice expense and delay reduction plan. The Judicial Conference may provide such resources out of funds appropriated pursuant to section 106(a) [ Pub. L. 101650, title I Dec. 1, 1990 104 Stat. 5098 (3) Within 18 months after the date of the enactment of this title [ Dec. 1, 1990 (4) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and House of Representatives (A) copies of the plans developed and implemented by the Early Implementation District Courts; (B) summaries of the reports submitted by such district courts pursuant to section 472(d) of title 28 (C) the report prepared in accordance with paragraph (3) of this subsection. Demonstration Program Pub. L. 101650, title I,  104 Dec. 1, 1990 104 Stat. 5097 Pub. L. 10433,  1 Oct. 3, 1995 109 Stat. 292 Pub. L. 104317, title VI,  608(a) Oct. 19, 1996 110 Stat. 3860  (a)  In General (1) During the 5-year period beginning on January 1, 1991 (2) A district court participating in the demonstration program may also be an Early Implementation District Court under section 103(c) [set out above]. (b)  Program Requirement (1) The United States District Court for the Western District of Michigan and the United States District Court for the Northern District of Ohio shall experiment with systems of differentiated case management that provide specifically for the assignment of cases to appropriate processing tracks that operate under distinct and explicit rules, procedures, and timeframes for the completion of discovery and for trial. (2) The United States District Court for the Northern District of California, the United States District Court for the Northern District of West Virginia, and the United States District Court for the Western District of Missouri shall experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution, that such district courts and the Judicial Conference of the United States shall select. (c)  Study of Results The Judicial Conference of the United States, in consultation with the Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts, shall study the experience of the district courts under the demonstration program. (d)  Report Not later than June 30, 1997 Pilot Program Pub. L. 101650, title I,  105 Dec. 1, 1990 104 Stat. 5097 Pub. L. 103420,  4 Oct. 25, 1994 108 Stat. 4345 Pub. L. 104317, title VI,  608(b) Oct. 19, 1996 110 Stat. 3860  (a)  In General (1) During the 5-year period beginning on January 1, 1991 (2) A district court participating in the pilot program shall be designated as an Early Implementation District Court under section 103(c) [set out above]. (b)  Program Requirements (1) Ten district courts (in this section referred to as Pilot Districts) designated by the Judicial Conference of the United States shall implement expense and delay reduction plans under chapter 23 of title 28, United States Code (as added by section 103(a)), not later than December 31, 1991 section 473(a) of title 28 (2) At least 5 of the Pilot Districts designated by the Judicial Conference shall be judicial districts encompassing metropolitan areas. (3) The expense and delay reduction plans implemented by the Pilot Districts shall remain in effect for a period of 4 years. At the end of that 4-year period, the Pilot Districts shall no longer be required to include, in their expense and delay reduction plans, the 6 principles and guidelines of litigation management and cost and delay reduction described in paragraph (1). (c)  Program Study Report (1) Not later than June 30, 1997 section 473(a) of title 28 (2) (A) The Judicial Conference shall include in its report a recommendation as to whether some or all district courts should be required to include, in their expense and delay reduction plans, the 6 principles and guidelines of litigation management and cost and delay reduction identified in section 473(a) of title 28 (B) If the Judicial Conference recommends in its report that some or all district courts be required to include such principles and guidelines in their expense and delay reduction plans, the Judicial Conference shall initiate proceedings for the prescription of rules implementing its recommendation, pursuant to chapter 131 of title 28, United States Code. (C) If in its report the Judicial Conference does not recommend an expansion of the pilot program under subparagraph (A), the Judicial Conference shall identify alternative, more effective cost and delay reduction programs that should be implemented in light of the findings of the Judicial Conference in its report, and the Judicial Conference may initiate proceedings for the prescription of rules implementing its recommendation, pursuant to chapter 131 of title 28, United States Code.  472. Development and implementation of a civil justice expense and delay reduction plan (a) The civil justice expense and delay reduction plan implemented by a district court shall be developed or selected, as the case may be, after consideration of the recommendations of an advisory group appointed in accordance with section 478 of this title (b) The advisory group of a United States district court shall submit to the court a report, which shall be made available to the public and which shall include (1) an assessment of the matters referred to in subsection (c)(1); (2) the basis for its recommendation that the district court develop a plan or select a model plan; (3) recommended measures, rules and programs; and (4) an explanation of the manner in which the recommended plan complies with section 473 of this title (c) (1) In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the courts civil and criminal dockets. In performing the assessment for a district court, the advisory group shall (A) determine the condition of the civil and criminal dockets; (B) identify trends in case filings and in the demands being placed on the courts resources; (C) identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and (D) examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts. (2) In developing its recommendations, the advisory group of a district court shall take into account the particular needs and circumstances of the district court, litigants in such court, and the litigants attorneys. (3) The advisory group of a district court shall ensure that its recommended actions include significant contributions to be made by the court, the litigants, and the litigants attorneys toward reducing cost and delay and thereby facilitating access to the courts. (d) The chief judge of the district court shall transmit a copy of the plan implemented in accordance with subsection (a) and the report prepared in accordance with subsection (b) of this section to (1) the Director of the Administrative Office of the United States Courts; (2) the judicial council of the circuit in which the district court is located; and (3) the chief judge of each of the other United States district courts located in such circuit. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5090  473. Content of civil justice expense and delay reduction plans (a) In formulating the provisions of its civil justice expense and delay reduction plan, each United States district court, in consultation with an advisory group appointed under section 478 of this title (1) systematic, differential treatment of civil cases that tailors the level of individualized and case specific management to such criteria as case complexity, the amount of time reasonably needed to prepare the case for trial, and the judicial and other resources required and available for the preparation and disposition of the case; (2) early and ongoing control of the pretrial process through involvement of a judicial officer in (A) assessing and planning the progress of a case; (B) setting early, firm trial dates, such that the trial is scheduled to occur within eighteen months after the filing of the complaint, unless a judicial officer certifies that (i) the demands of the case and its complexity make such a trial date incompatible with serving the ends of justice; or (ii) the trial cannot reasonably be held within such time because of the complexity of the case or the number or complexity of pending criminal cases; (C) controlling the extent of discovery and the time for completion of discovery, and ensuring compliance with appropriate requested discovery in a timely fashion; and (D) setting, at the earliest practicable time, deadlines for filing motions and a time framework for their disposition; (3) for all cases that the court or an individual judicial officer determines are complex and any other appropriate cases, careful and deliberate monitoring through a discovery-case management conference or a series of such conferences at which the presiding judicial officer (A) explores the parties receptivity to, and the propriety of, settlement or proceeding with the litigation; (B) identifies or formulates the principal issues in contention and, in appropriate cases, provides for the staged resolution or bifurcation of issues for trial consistent with Rule 42(b) of the Federal Rules of Civil Procedure; (C) prepares a discovery schedule and plan consistent with any presumptive time limits that a district court may set for the completion of discovery and with any procedures a district court may develop to (i) identify and limit the volume of discovery available to avoid unnecessary or unduly burdensome or expensive discovery; and (ii) phase discovery into two or more stages; and (D) sets, at the earliest practicable time, deadlines for filing motions and a time framework for their disposition; (4) encouragement of cost-effective discovery through voluntary exchange of information among litigants and their attorneys and through the use of cooperative discovery devices; (5) conservation of judicial resources by prohibiting the consideration of discovery motions unless accompanied by a certification that the moving party has made a reasonable and good faith effort to reach agreement with opposing counsel on the matters set forth in the motion; and (6) authorization to refer appropriate cases to alternative dispute resolution programs that (A) have been designated for use in a district court; or (B) the court may make available, including mediation, minitrial, and summary jury trial. (b) In formulating the provisions of its civil justice expense and delay reduction plan, each United States district court, in consultation with an advisory group appointed under section 478 of this title (1) a requirement that counsel for each party to a case jointly present a discovery-case management plan for the case at the initial pretrial conference, or explain the reasons for their failure to do so; (2) a requirement that each party be represented at each pretrial conference by an attorney who has the authority to bind that party regarding all matters previously identified by the court for discussion at the conference and all reasonably related matters; (3) a requirement that all requests for extensions of deadlines for completion of discovery or for postponement of the trial be signed by the attorney and the party making the request; (4) a neutral evaluation program for the presentation of the legal and factual basis of a case to a neutral court representative selected by the court at a nonbinding conference conducted early in the litigation; (5) a requirement that, upon notice by the court, representatives of the parties with authority to bind them in settlement discussions be present or available by telephone during any settlement conference; and (6) such other features as the district court considers appropriate after considering the recommendations of the advisory group referred to in section 472(a) of this title (c) Nothing in a civil justice expense and delay reduction plan relating to the settlement authority provisions of this section shall alter or conflict with the authority of the Attorney General to conduct litigation on behalf of the United States, or any delegation of the Attorney General. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5091  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a)(3)(B), are set out in the Appendix to this title.  474. Review of district court action (a) (1) The chief judge of each district court in a circuit and the chief judge of the circuit shall, as a committee (A) review each plan and report submitted pursuant to section 472(d) of this title (B) make such suggestions for additional actions or modified actions of that district court as the committee considers appropriate for reducing cost and delay in civil litigation in the district court. (2) The chief judge of a circuit may designate another judge of the court of appeals of that circuit, and the chief judge of a district court may designate another judge of such court, to perform that chief judges responsibilities under paragraph (1) of this subsection. (b) The Judicial Conference of the United States (1) shall review each plan and report submitted by a district court pursuant to section 472(d) of this title (2) may request the district court to take additional action if the Judicial Conference determines that such court has not adequately responded to the conditions relevant to the civil and criminal dockets of the court or to the recommendations of the district courts advisory group. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5093 Pub. L. 102198,  2(2) Dec. 9, 1991 105 Stat. 1623  Editorial Notes Amendments 1991Subsec. (a)(1). Pub. L. 102198,  2(2)(A) Subsec. (a)(2). Pub. L. 102198,  2(2)(B)  475. Periodic district court assessment  After developing or selecting a civil justice expense and delay reduction plan, each United States district court shall assess annually the condition of the courts civil and criminal dockets with a view to determining appropriate additional actions that may be taken by the court to reduce cost and delay in civil litigation and to improve the litigation management practices of the court. In performing such assessment, the court shall consult with an advisory group appointed in accordance with section 478 of this title (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5093  476. Enhancement of judicial information dissemination (a) The Director of the Administrative Office of the United States Courts shall prepare a semiannual report, available to the public, that discloses for each judicial officer (1) the number of motions that have been pending for more than six months and the name of each case in which such motion has been pending; (2) the number of bench trials that have been submitted for more than six months and the name of each case in which such trials are under submission; and (3) the number and names of cases that have not been terminated within three years after filing. (b) To ensure uniformity of reporting, the standards for categorization or characterization of judicial actions to be prescribed in accordance with section 481 of this title (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5093  477. Model civil justice expense and delay reduction plan (a) (1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with section 473 of this title (2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan. (b) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5094  Editorial Notes  References in Text Section 103(c) of the Civil Justice Reform Act of 1990 [ Pub. L. 101650 section 471 of this title  478. Advisory groups (a) Within ninety days after the date of the enactment of this chapter, the advisory group required in each United States district court in accordance with section 472 of this title (b) The advisory group of a district court shall be balanced and include attorneys and other persons who are representative of major categories of litigants in such court, as determined by the chief judge of such court. (c) Subject to subsection (d), in no event shall any member of the advisory group serve longer than four years. (d) Notwithstanding subsection (c), the United States Attorney for a judicial district, or his or her designee, shall be a permanent member of the advisory group for that district court. (e) The chief judge of a United States district court may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Judicial Conference of the United States. (f) The members of an advisory group of a United States district court and any person designated as a reporter for such group shall be considered as independent contractors of such court when in the performance of official duties of the advisory group and may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before such court. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5094  Editorial Notes  References in Text The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101650 Dec. 1, 1990  479. Information on litigation management and cost and delay reduction (a) Within four years after the date of the enactment of this chapter, the Judicial Conference of the United States shall prepare a comprehensive report on all plans received pursuant to section 472(d) of this title (b) The Judicial Conference of the United States shall, on a continuing basis (1) study ways to improve litigation management and dispute resolution services in the district courts; and (2) make recommendations to the district courts on ways to improve such services. (c) (1) The Judicial Conference of the United States shall prepare, periodically revise, and transmit to the United States district courts a Manual for Litigation Management and Cost and Delay Reduction. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding the preparation of and any subsequent revisions to the Manual. (2) The Manual shall be developed after careful evaluation of the plans implemented under section 472 of this title (3) The Manual shall contain a description and analysis of the litigation management, cost and delay reduction principles and techniques, and alternative dispute resolution programs considered most effective by the Judicial Conference, the Director of the Federal Judicial Center, and the Director of the Administrative Office of the United States Courts. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5095  Editorial Notes  References in Text The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101650 Dec. 1, 1990 Sections 104 and 105 of the Civil Justice Reform Act of 1990 [ Pub. L. 101650 section 471 of this title  480. Training programs  The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts shall develop and conduct comprehensive education and training programs to ensure that all judicial officers, clerks of court, courtroom deputies, and other appropriate court personnel are thoroughly familiar with the most recent available information and analyses about litigation management and other techniques for reducing cost and expediting the resolution of civil litigation. The curriculum of such training programs shall be periodically revised to reflect such information and analyses. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5095  481. Automated case information (a) The Director of the Administrative Office of the United States Courts shall ensure that each United States district court has the automated capability readily to retrieve information about the status of each case in such court. (b) (1) In carrying out subsection (a), the Director shall prescribe (A) the information to be recorded in district court automated systems; and (B) standards for uniform categorization or characterization of judicial actions for the purpose of recording information on judicial actions in the district court automated systems. (2) The uniform standards prescribed under paragraph (1)(B) of this subsection shall include a definition of what constitutes a dismissal of a case and standards for measuring the period for which a motion has been pending. (c) Each United States district court shall record information as prescribed pursuant to subsection (b) of this section. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5095  482. Definitions  As used in this chapter, the term judicial officer means a United States district court judge or a United States magistrate judge. (Added Pub. L. 101650, title I,  103(a) Dec. 1, 1990 104 Stat. 5096  Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge substituted for United States magistrate in text pursuant to section 321 of Pub. L. 101650 section 631 of this title PART II DEPARTMENT OF JUSTICE    Chap. Sec.  31. The Attorney General 501  33. Federal Bureau of Investigation 531  35. United States Attorneys 541  37. United States Marshals Service 561  39. United States Trustees 581  40. Independent Counsel 591  40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives 2599A 1 1  Editorial Notes Amendments 2006 Pub. L. 109162, title XI,  1187(d) Jan. 5, 2006 119 Stat. 3128 2002 Pub. L. 107273, div. B, title IV,  4003(b)(6) Nov. 2, 2002 116 Stat. 1812 1986 Pub. L. 99554, title I,  144(g)(2) Oct. 27, 1986 100 Stat. 3097 1983 Pub. L. 97409,  2(a)(2) Jan. 3, 1983 96 Stat. 2039 1978 Pub. L. 95598, title II,  224(b) Nov. 6, 1978 92 Stat. 2664 Oct. 1, 1979 Pub. L. 95521, title VI,  601(b) Oct. 26, 1978 92 Stat. 1873 1966 Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 611 CHAPTER 31 THE ATTORNEY GENERAL    Sec.  501. Executive department.  502. Seal.  503. Attorney General.  504. Deputy Attorney General.  504a. Associate Attorney General.  505. Solicitor General.  506. Assistant Attorneys General.  507. Assistant Attorney General for Administration.  507A. Assistant Attorney General for National Security.  508. Vacancies.  509. Functions of the Attorney General.  509A. National Security Division.  509B. Section to enforce human rights laws.  510. Delegation of authority.  511. Attorney General to advise the President.  512. Attorney General to advise heads of executive departments.  513. Attorney General to advise Secretaries of military departments.  514. Legal services on pending claims in departments and agencies.  515. Authority for legal proceedings; commission, oath, and salary for special attorneys.  516. Conduct of litigation reserved to Department of Justice.  517. Interests of United States in pending suits.  518. Conduct and argument of cases.  519. Supervision of litigation.  520. Transmission of petitions in United States Court of Federal Claims or in United States Court of Appeals for the Federal Circuit; statement furnished by departments.  521. Publication and distribution of opinions.  522. Report of business and statistics.  523. Requisitions.  524. Availability of appropriations.  525. Procurement of law books, reference books, and periodicals; sale and exchange.  526. Authority of the Attorney General to investigate United States attorneys, marshals, trustees, clerks of court, and others. 1 1  527. Establishment of working capital fund.  528. Disqualification of officers and employees of the Department of Justice.  529. Annual report of Attorney General.  530. Payment of travel and transportation expenses of newly appointed special agents.  530A. Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad.  530B. Ethical standards for attorneys for the Government.  530C. Authority to use available funds.  530D. Report on enforcement of laws.  Editorial Notes Amendments 2009 Pub. L. 111122,  2(c) Dec. 22, 2009 123 Stat. 3480 2006 Pub. L. 109177, title V,  506(c) Mar. 9, 2006 120 Stat. 249 2002 Pub. L. 107273, div. A, title II Nov. 2, 2002 116 Stat. 1771 1998 Pub. L. 105277, div. A,  101(b) [title VIII,  801(b)] Oct. 21, 1998 112 Stat. 268150 1992 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 1988 Pub. L. 100690, title VI,  6281(b) Nov. 18, 1988 102 Stat. 4369 1983 Pub. L. 9886,  2 Aug. 26, 1983 97 Stat. 492 1982 Pub. L. 97258,  2(g)(1)(A) Sept. 13, 1982 96 Stat. 1060 Pub. L. 97164, title I,  118(b) Apr. 2, 1982 96 Stat. 33 1978 Pub. L. 95598, title II,  219(c) Nov. 6, 1978 92 Stat. 2662 Pub. L. 95521, title VI,  603(b) Oct. 26, 1978 92 Stat. 1875 1977 Pub. L. 95139,  1(b) Oct. 19, 1977 91 Stat. 1171 1975 Pub. L. 93613,  1(2) Jan. 2, 1975 88 Stat. 1975 1966 Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 611  501. Executive department  The Department of Justice is an executive department of the United States at the seat of Government. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 611        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 291 R.S.  346 (less last 10 words). The words There shall be, referring to the establishment of the Department, are omitted as executed. Editorial Notes Prior Provisions A prior section 501, acts June 25, 1948, ch. 646 62 Stat. 909 Mar. 18, 1959 Pub. L. 863,  11(a) 73 Stat. 9 Pub. L. 89554,  8(a) section 541 of this title section 4(c) of Pub. L. 89554 Statutory Notes and Related Subsidiaries Servicemembers and Veterans Initiative Pub. L. 116288 Jan. 5, 2021 134 Stat. 4884  SECTION 1. SHORT TITLE. This Act may be cited as the Servicemembers and Veterans Initiative Act of 2020. SEC. 2. SERVICEMEMBERS AND VETERANS INITIATIVE. (a)  Establishment There is established the Servicemembers and Veterans Initiative within the Civil Rights Division of the Department of Justice. (b)  Duties The Servicemembers and Veterans Initiative shall (1) serve as legal and policy advisor to the Attorney General on the Department of Justices efforts to enforce criminal and civil laws that impact servicemembers, veterans, and their families; (2) develop policy recommendations for the Attorney General on how the Department of Justice may improve enforcement of Federal law to support servicemembers, veterans, and their families; (3) serve as the liaison and point of contact between the Department of Justice and the military departments; (4) provide counsel to the Assistant Attorney General for the Office of Justice Programs to ensure funding decisions take into account servicemembers, veterans, and their families; (5) consult with components of the Department of Justice to promote the provision of civil legal aid to servicemembers, veterans, and their families; (6) serve as a liaison and point of contact with the Consumer Protection Branch of the Civil Division of the Department of Justice, with respect to the prosecution of Federal crimes involving fraud that target servicemembers; and (7) serve as a liaison and point of contact with other components of the Department of Justice as needed to support the enforcement of other Federal laws that protect servicemembers and veterans, as the Attorney General determines appropriate. Office of Justice for Victims of Overseas Terrorism Pub. L. 108447, div. B, title I,  126 Dec. 8, 2004 118 Stat. 2872 The Department of Justice shall establish an Office of Justice for Victims of Overseas Terrorism. Specific Authorization of Appropriations Required for Department of Justice Pub. L. 94503, title II,  204 Oct. 15, 1976 90 Stat. 2427 No sums shall be deemed to be authorized to be appropriated for any fiscal year beginning on or after October 1, 1978 October 1, 1978  502. Seal  The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 611        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 292 R.S.  353. The section is rewritten to conform to other statutes authorizing departmental seals. The words The seal heretofore provided for the office of the Attorney General shall be are omitted as obsolete. Editorial Notes Prior Provisions A prior section 502, act June 25, 1948, ch. 646 62 Stat. 909 Pub. L. 89554,  8(a) section 542 of this title section 4(c) of Pub. L. 89554  503. Attorney General  The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 291 R.S.  346 (last 10 words). The words The President shall appoint, by and with the advice and consent of the Senate have been added to conform the section with the Constitution. See article II, section 2, clause 2. Editorial Notes Prior Provisions A prior section 503, act June 25, 1948, ch. 646 62 Stat. 909 Pub. L. 89554,  8(a) section 543 of this title section 4(c) of Pub. L. 89554 Statutory Notes and Related Subsidiaries Actions Challenging Appointment of Attorney General on Grounds of Violation of Constitutional Provisions Governing Compensation and Other Emoluments Pub. L. 93178,  2 Dec. 10, 1973 87 Stat. 697  (a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office. (b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28 (c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.  504. Deputy Attorney General  The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612 Pub. L. 10777, title VI,  612(c) Nov. 28, 2001 115 Stat. 800 Pub. L. 107273, div. B, title IV,  4004(f) Nov. 2, 2002 116 Stat. 1812        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 294 Mar. 3, 1903, ch. 1006,  1 32 Stat. 1062  [Uncodified]. 1950 Reorg. Plan No. 2,  3, eff. May 24, 1950 64 Stat. 1261 The words may appoint are substituted for is authorized to appoint. So much of the Act of Mar. 3, 1903  303(c) of the Act of Aug. 14, 1964 Pub. L. 88426 78 Stat. 416 section 5314 of title 5 Editorial Notes Prior Provisions A prior section 504, acts June 25, 1948, ch. 646 62 Stat. 909 Mar. 18, 1959 Pub. L. 863,  11(b) 73 Stat. 9 Pub. L. 89554,  8(a) section 4(c) of Pub. L. 89554 Amendments 2002 Pub. L. 107273 Pub. L. 10777,  612(c) 2001 Pub. L. 10777,  612(c) Pub. L. 107273 Statutory Notes and Related Subsidiaries Position Relating to Combating Domestic Terrorism Pub. L. 10777, title VI,  612 Nov. 28, 2001 115 Stat. 800 June 30, 2002 Pub. L. 107273, div. B, title IV,  4004(f) Nov. 2, 2002 116 Stat. 1812  504a. Associate Attorney General  The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General. (Added Pub. L. 95139,  1(a) Oct. 19, 1977 91 Stat. 1171  505. Solicitor General  The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 293 R.S.  347 (less last sentence). So much of R.S.  347 as relates to the pay of the Solicitor General is omitted as superseded by  303(c) of the Act of Aug. 14, 1964 Pub. L. 88426 78 Stat. 416 section 5314 of title 5 Editorial Notes Prior Provisions A prior section 505, act June 25, 1948, ch. 646 62 Stat. 909 Pub. L. 89554,  8(a) section 545 of this title section 4(c) of Pub. L. 89554  506. Assistant Attorneys General  The President shall appoint, by and with the advice and consent of the Senate, 11 Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612 Pub. L. 95598, title II,  218 Nov. 6, 1978 92 Stat. 2662 Pub. L. 109177, title V,  506(a)(2) Mar. 9, 2006 120 Stat. 247        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 295 R.S.  348.   July 11, 1890, ch. 667,  1 26 Stat. 265   Mar. 3, 1903, ch. 1006,  1 32 Stat. 1062   July 16, 1914, ch. 141,  1 38 Stat. 497   Mar. 4, 1915, ch. 141,  1 38 Stat. 1038   June 16, 1933, ch. 101,  16(b) 48 Stat. 308   Mar. 2, 1943, ch. 7 57 Stat. 4  [Uncodified]. 1950 Reorg. Plan No. 2,  4, eff. May 24, 1950 64 Stat. 1261  [Uncodified]. 1953 Reorg. Plan No. 4,  2, eff. June 20, 1953 67 Stat. 636  5 U.S.C. 2951 Sept. 9, 1957 Pub. L. 85315,  111 71 Stat. 637 The words There shall be in the Department of Justice are omitted as unnecessary as the title of the positions establishes their location in the Department of Justice. The position of sixth Assistant Attorney General, referred to in the Acts of July 16, 1914 Mar. 4, 1915 Act of Mar. 4, 1915, ch. 141,  6 38 Stat. 1049 The number of Assistant Attorneys General referred to in the Act of Mar. 2, 1943 Sept. 9, 1957 The words learned in the law are omitted as unnecessary. Such a requirement is not made of the Attorney General, United States attorneys, or United States judges. (See revisers note under 28 U.S.C. 501 The reference in former section 295 of title 5 Provisions of 1950 Reorg. Plan No. 2,  4, and 1953 Reorg. Plan No. 4,  2, abolishing positions and transferring incumbents are omitted as executed. Provisions relating to pay of Assistant Attorneys General are omitted as superseded by  303(d) of the Act of August 14, 1964 Pub. L. 88426 78 Stat. 418 section 5315 of title 5 Editorial Notes Prior Provisions A prior section 506, act June 25, 1948, ch. 646 62 Stat. 909 Pub. L. 89554,  8(a) section 546 of this title section 4(c) of Pub. L. 89554 Amendments 2006 Pub. L. 109177 1978 Pub. L. 95598 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Nov. 6, 1978 section 402(d) of Pub. L. 95598 section 101 of Title 11  507. Assistant Attorney General for Administration (a) The Attorney General shall appoint, with the approval of the President, an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe. (b) The position of Assistant Attorney General for Administration is in the competitive service. (c) Notwithstanding the provisions of section 901 of title 31 (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612 Pub. L. 106113, div. B,  1000(a)(1) [title I,  111] Nov. 29, 1999 113 Stat. 1535        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   [Uncodified]. 1950 Reorg. Plan No. 2,  5 eff. May 24, 1950 64 Stat. 1261 The title of the position was changed to Assistant Attorney General for Administration by  307 of the Act of Aug. 14, 1964 Pub. L. 88426 78 Stat. 432 The words competitive service are substituted for classified civil service because the term classified civil service formerly used to designate the merit system established by the Civil Service Act of 1883 has become ambiguous due to the creation of the classified pay system. The term competitive service is now customarily used, and appears throughout title 5, United States Code, in place of classified civil service. The words There shall be in the Department of Justice are omitted as unnecessary as the title of the position and the fact of appointment by the Attorney General establish the location of the position in the Department of Justice. The last 12 words of section 5 of the Reorganization Plan are omitted on authority of the Act of June 5, 1952, ch. 369,  1101 66 Stat. 121  303(e) of the Act of Aug. 14, 1964 Pub. L. 88426 78 Stat. 420 section 5316 of title 5 Editorial Notes Prior Provisions A prior section 507, acts June 25, 1948, ch. 646 62 Stat. 910 May 24, 1949, ch. 139,  71 63 Stat. 100 Pub. L. 89554,  8(a) section 4(c) of Pub. L. 89554 Amendments 1999Subsec. (c). Pub. L. 106113  507A. Assistant Attorney General for National Security (a) Of the Assistant Attorneys General appointed under section 506, one shall serve, upon the designation of the President, as the Assistant Attorney General for National Security. (b) The Assistant Attorney General for National Security shall (1) serve as the head of the National Security Division of the Department of Justice under section 509A of this title (2) serve as primary liaison to the Director of National Intelligence for the Department of Justice; and (3) perform such other duties as the Attorney General may prescribe. (Added Pub. L. 109177, title V,  506(a)(1) Mar. 9, 2006 120 Stat. 247  508. Vacancies (a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 (b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612 Pub. L. 95139,  2 Oct. 19, 1977 91 Stat. 1171        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   [Uncodified]. R.S.  347 (last sentence).   1953 Reorg. Plan No. 4,  1, eff. June 20, 1953 67 Stat. 636 The last sentence of R.S.  347 is cited as authority inasmuch as the function contained therein was the function transferred to the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word may is substituted for have the power. The words During any period of time are omitted as unnecessary. Editorial Notes Prior Provisions A prior section 508, acts June 25, 1948, ch. 646 62 Stat. 910 Mar. 2, 1955, ch. 9,  2(a) 69 Stat. 10 Oct. 11, 1962 Pub. L. 87793,  1003(a) 76 Stat. 865 Aug. 14, 1964 Pub. L. 88426, title III,  306(a)(1) 78 Stat. 428 Oct. 6, 1964 Pub. L. 88631,  3(b) 78 Stat. 1008 Pub. L. 89554,  8(a) section 548 of this title section 4(c) of Pub. L. 89554 Amendments 1977Subsec. (b). Pub. L. 95139  509. Functions of the Attorney General All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department of Justice; (2) of the Federal Prison Industries, Inc.; and (3) of the Board of Directors and officers of the Federal Prison Industries, Inc. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612 Pub. L. 95251,  2(a)(6) Mar. 27, 1978 92 Stat. 183 Pub. L. 98473, title II,  228(a) Oct. 12, 1984 98 Stat. 2030 Pub. L. 107273, div. A, title II,  204(d) Nov. 2, 2002 116 Stat. 1776        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   [Uncodified]. 1950 Reorg. Plan No. 2,  1, eff. May 24, 1950 64 Stat. 1261 The section is restated to allow incorporation into this chapter. [The Historical and Revision Notes for former section 507, from which this section is partially derived, is set out under section 547 of this title Editorial Notes Prior Provisions A prior section 509, act June 25, 1948, ch. 646 62 Stat. 910 Pub. L. 89554,  8(a) section 549 of this title section 4(c) of Pub. L. 89554 Amendments 2002Par. (3). Pub. L. 107273 1984 Pub. L. 98473 1978Par. (1). Pub. L. 95251 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98473, title II,  235(a)(1)(B)(ii)(IV) Oct. 12, 1984 98 Stat. 2032 Pub. L. 98473 Oct. 12, 1984 Short Title of 2016 Amendment Pub. L. 114325,  1 Dec. 16, 2016 130 Stat. 1965 This Act [amending provisions set out as a note under this section] may be cited as the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016.  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(4) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Prohibition on Firearms or Ammunition Transfers to Agents of Drug Cartels Pub. L. 117159, div. A, title II,  12004(g) June 25, 2022 136 Stat. 1330 The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm or ammunition to an individual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the recipient of the firearm or ammunition is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm or ammunition at all times. Unsolved Civil Rights Crimes Pub. L. 110344 Oct. 7, 2008 122 Stat. 3934 Pub. L. 114325,  2 Dec. 16, 2016 130 Stat. 1965  SECTION 1. SHORT TITLE. This Act may be cited as the Emmett Till Unsolved Civil Rights Crime Act of 2007. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved; (3) meet regularly with eligible entities to coordinate the sharing of information and to discuss the status of the Departments work under this Act; (4) support the full accounting of all victims whose deaths or disappearances were the result of racially motivated crimes; (5) hold accountable under Federal and State law all individuals who were perpetrators of, or accomplices in, unsolved civil rights murders and such disappearances; (6) express the condolences of the authority to the communities affected by unsolved civil rights murders, and to the families of the victims of such murders and such disappearances; (7) keep families regularly informed about the status of the investigations of such murders and such disappearances of their loved ones; and (8) expeditiously comply with requests for information received pursuant to section 552 of title 5 SEC. 3. DEPUTY CHIEF OF THE CRIMINAL SECTION OF THE CIVIL RIGHTS DIVISION. (a)  In General The Attorney General shall designate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice. (b)  Responsibility. (1)  In general The Deputy Chief shall be responsible for coordinating the investigation and prosecution of violations of criminal civil rights statutes that occurred not later than December 31, 1979 (2)  Coordination In investigating a complaint under paragraph (1), the Deputy Chief may coordinate investigative activities with State and local law enforcement officials, and eligible entities. (3)  Review of closed cases The Deputy Chief may, to the extent practicable, reopen and review any case involving a violation described in paragraph (1) that was closed prior to the date of the enactment of the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 [ Dec. 16, 2016 (4)  Public engagement. (A)  In general The Department shall hold meetings with representatives of the Civil Rights Division, Federal Bureau of Investigation, the Community Relations Service, eligible entities, and where appropriate, state and local law enforcement to discuss the status of the Departments work under this Act. (B)  Authorization of appropriations In addition to amounts made available to carry out this Act under section 6, there is authorized to be appropriated to the Attorney General $1,500,000 for fiscal year 2017 and each of the next 10 subsequent fiscal years to carry out this paragraph. (c)  Study and Report. (1)  Study The Attorney General shall annually conduct a study of the cases under the jurisdiction of the Deputy Chief or under the jurisdiction of the Supervisory Special Agent and, in conducting the study, shall determine (A) the number of open investigations within the Department for violations of criminal civil rights statutes that occurred not later than December 31, 1979 (B) the number of new cases opened pursuant to this Act since the previous years study; (C) the number of unsealed Federal cases charged within the study period, including the case names, the jurisdiction in which the charges were brought, and the date the charges were filed; (D) the number of cases referred by the Department to a State or local law enforcement agency or prosecutor within the study period, the number of such cases that resulted in State charges being filed, the jurisdiction in which such charges were filed, the date the charges were filed, and if a jurisdiction declines to prosecute or participate in an investigation of a case so referred, the fact it did so; (E) the number of cases within the study period that were closed without Federal prosecution, the case names of unsealed Federal cases, the dates the cases were closed, and the relevant federal statutes; (F) the number of attorneys who worked, in whole or in part, on any case described in subsection (b)(1); (G) the applications submitted for grants under section 5, the award of such grants, and the purposes for which the grant amount were expended; and (H) the number of cases referred by an eligible entity or a State or local law enforcement agency or prosecutor to the Department within the study period, the number of such cases that resulted in Federal charges being filed, the date the charges were filed, and if the Department declines to prosecute or participate in an investigation of a case so referred, the fact that it did so, and the outreach, collaboration, and support for investigations and prosecutions of violations of criminal civil rights statutes described in section 2(3), including murders and including disappearances described in section 2(4), within Federal, State, and local jurisdictions. (2)  Report Not later than 6 months after the date of enactment of this Act [ Oct. 7, 2008 SEC. 4. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE FEDERAL BUREAU OF INVESTIGATION. (a)  In General The Attorney General shall designate a Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation of the Department of Justice. (b)  Responsibility. (1)  In general The Supervisory Special Agent shall be responsible for investigating violations of criminal civil rights statutes that occurred not later than December 31, 1979 (2)  Coordination In investigating a complaint under paragraph (1), the Supervisory Special Agent may coordinate the investigative activities with State and local law enforcement officials, and eligible entities. SEC. 5. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT. (a)  In General The Attorney General may award grants to State or local law enforcement agencies for expenses associated with the investigation and prosecution by them of criminal offenses, involving civil rights, that occurred not later than December 31, 1979 (b)  Authorization of Appropriations There are authorized to be appropriated $2,000,000 for fiscal year 2017 and each of the 10 subsequent fiscal years to carry out this section. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a)  In General There are authorized to be appropriated, in addition to any other amounts otherwise authorized to be appropriated for this purpose, to the Attorney General $10,000,000 for fiscal year 2017 and each of the 10 subsequent fiscal years for the purpose of investigating and prosecuting violations of criminal civil rights statutes that occurred not later than December 31, 1979 (b)  Community Relations Service of the Department of Justice Using funds appropriated under section 3(b)(4)(B), the Community Relations Service of the Department of Justice shall provide technical assistance by bringing together law enforcement agencies and communities to address tensions raised by Civil Rights era crimes. SEC. 7. DEFINITIONS. In this Act: (1)  Criminal civil rights statutes The term criminal civil rights statutes means (A)  section 241 of title 18 (B)  section 242 of title 18 (C)  section 245 of title 18 (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act ( 42 U.S.C. 3631 (F) any other Federal law that (i) was in effect on or before December 31, 1969 (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, before the date of enactment of this Act [ Oct. 7, 2008 (2)  Eligible entity The term eligible entity means an organization whose primary purpose is to promote civil rights, an institution of higher education, or another entity, determined by the Attorney General to be appropriate. [SEC. 8. Repealed. Pub. L. 114325,  2(7) Dec. 16, 2016 130 Stat. 1967 SEC. 9. AUTHORITY OF INSPECTORS GENERAL.  [Enacted section 11298 of Title 34 Organized Retail Theft Pub. L. 109162, title XI,  1105 Jan. 5, 2006 119 Stat. 3092 Pub. L. 109271,  8(a) Aug. 12, 2006 120 Stat. 766 section 41505 of Title 34 United States-Mexico Border Violence Task Force Pub. L. 109162, title XI,  1106 Jan. 5, 2006 119 Stat. 3093 section 41506 of Title 34 Privacy Officer Pub. L. 109162, title XI,  1174 Jan. 5, 2006 119 Stat. 3124  (a)  In General The Attorney General shall designate a senior official in the Department of Justice to assume primary responsibility for privacy policy. (b)  Responsibilities The responsibilities of such official shall include advising the Attorney General regarding (1) appropriate privacy protections, relating to the collection, storage, use, disclosure, and security of personally identifiable information, with respect to the Departments existing or proposed information technology and information systems; (2) privacy implications of legislative and regulatory proposals affecting the Department and involving the collection, storage, use, disclosure, and security of personally identifiable information; (3) implementation of policies and procedures, including appropriate training and auditing, to ensure the Departments compliance with privacy-related laws and policies, including section 552a of title 5 Public Law 107347 section 3501 of Title 44 (4) ensuring that adequate resources and staff are devoted to meeting the Departments privacy-related functions and obligations; (5) appropriate notifications regarding the Departments privacy policies and privacy-related inquiry and complaint procedures; and (6) privacy-related reports from the Department to Congress and the President. (c)  Review of Privacy Related Functions, Resources, and Report Within 120 days of his designation, the privacy official shall prepare a comprehensive report to the Attorney General and to the Committees on the Judiciary of the House of Representatives and of the Senate, describing the organization and resources of the Department with respect to privacy and related information management functions, including access, security, and records management, assessing the Departments current and future needs relating to information privacy issues, and making appropriate recommendations regarding the Departments organizational structure and personnel. (d)  Annual Report The privacy official shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on an annual basis on activities of the Department that affect privacy, including a summary of complaints of privacy violations, implementation of section 552a of title 5 Report to Congress on Status of United States Persons or Residents Detained on Suspicion of Terrorism Pub. L. 109162, title XI,  1176 Jan. 5, 2006 119 Stat. 3125  Not less often than once every 12 months, the Attorney General shall submit to Congress a report on the status of United States persons or residents detained, as of the date of the report, on suspicion of terrorism. The report shall (1) specify the number of persons or residents so detained; and (2) specify the standards developed by the Department of Justice for recommending or determining that a person should be tried as a criminal defendant or should be designated as an enemy combatant. Federal Bureau of Investigation Use of Translators Pub. L. 108458, title II,  2006 Dec. 17, 2004 118 Stat. 3704 Pub. L. 111259, title VIII,  806(b)(2) Oct. 7, 2010 124 Stat. 2749  Not later than 30 days after the date of the enactment of this Act [ Dec. 17, 2004 (1) the number of translators employed, or contracted for, by the Federal Bureau of Investigation or other components of the Department of Justice; (2) any legal or practical impediments to using translators employed by Federal, State, or local agencies on a full-time, part-time, or shared basis; (3) the needs of the Federal Bureau of Investigation for specific translation services in certain languages, and recommendations for meeting those needs; (4) the status of any automated statistical reporting system, including implementation and future viability; (5) the storage capabilities of the digital collection system or systems utilized; (6) a description of the establishment and compliance with audio retention policies that satisfy the investigative and intelligence goals of the Federal Bureau of Investigation; and (7) a description of the implementation of quality control procedures and mechanisms for monitoring compliance with quality control procedures. Authorization for Additional Assistant United States Attorneys for Project Safe Neighborhoods Pub. L. 107273, div. A, title I,  104 Nov. 2, 2002 116 Stat. 1766 section 41504 of Title 34 Development and Support of Cybersecurity Forensic Capabilities Pub. L. 10756, title VIII,  816 Oct. 26, 2001 115 Stat. 385 section 30102 of Title 34 Training of Government Officials Regarding Identification and Use of Foreign Intelligence Pub. L. 10756, title IX,  908 Oct. 26, 2001 115 Stat. 391  (a)  Program Required The Attorney General shall, in consultation with the Director of Central Intelligence, carry out a program to provide appropriate training to officials described in subsection (b) in order to assist such officials in (1) identifying foreign intelligence information in the course of their duties; and (2) utilizing foreign intelligence information in the course of their duties, to the extent that the utilization of such information is appropriate for such duties. (b)  Officials The officials provided training under subsection (a) are, at the discretion of the Attorney General and the Director, the following: (1) Officials of the Federal Government who are not ordinarily engaged in the collection, dissemination, and use of foreign intelligence in the performance of their duties. (2) Officials of State and local governments who encounter, or may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties. (c)  Authorization of Appropriations There is hereby authorized to be appropriated for the Department of Justice such sums as may be necessary for purposes of carrying out the program required by subsection (a). [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50 First Responders Assistance Act Pub. L. 10756, title X,  1005 Oct. 26, 2001 115 Stat. 393  (a)  Grant Authorization The Attorney General shall make grants described in subsections (b) and (c) to States and units of local government to improve the ability of State and local law enforcement, fire department and first responders to respond to and prevent acts of terrorism. (b)  Terrorism Prevention Grants Terrorism prevention grants under this subsection may be used for programs, projects, and other activities to (1) hire additional law enforcement personnel dedicated to intelligence gathering and analysis functions, including the formation of full-time intelligence and analysis units; (2) purchase technology and equipment for intelligence gathering and analysis functions, including wire-tap, pen links, cameras, and computer hardware and software; (3) purchase equipment for responding to a critical incident, including protective equipment for patrol officers such as quick masks; (4) purchase equipment for managing a critical incident, such as communications equipment for improved interoperability among surrounding jurisdictions and mobile command posts for overall scene management; and (5) fund technical assistance programs that emphasize coordination among neighboring law enforcement agencies for sharing resources, and resources coordination among law enforcement agencies for combining intelligence gathering and analysis functions, and the development of policy, procedures, memorandums of understanding, and other best practices. (c)  Antiterrorism Training Grants Antiterrorism training grants under this subsection may be used for programs, projects, and other activities to address (1) intelligence gathering and analysis techniques; (2) community engagement and outreach; (3) critical incident management for all forms of terrorist attack; (4) threat assessment capabilities; (5) conducting followup investigations; and (6) stabilizing a community after a terrorist incident. (d)  Application. (1)  In general Each eligible entity that desires to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General may reasonably require. (2)  Contents Each application submitted pursuant to paragraph (1) shall (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (e)  Minimum Amount If all applications submitted by a State or units of local government within that State have not been funded under this section in any fiscal year, that State, if it qualifies, and the units of local government within that State, shall receive in that fiscal year not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this section. (f)  Authorization of Appropriations There are authorized to be appropriated $25,000,000 for each of the fiscal years 2003 through 2007. Reimbursement of Employees Traveling on Behalf of United States in Temporary Duty Status Pub. L. 104208, div. A, title I,  101(a) [title I,  115] Sept. 30, 1996 110 Stat. 3009 Effective with the enactment of this Act [ Sept. 30, 1996 Provided Overseas Law Enforcement Training Activities Pub. L. 104132, title VIII,  801 Apr. 24, 1996 110 Stat. 1304 The Attorney General and the Secretary of the Treasury are authorized to support law enforcement training activities in foreign countries, in consultation with the Secretary of State, for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses. Reimbursement by Other Government Agencies of Department of Justice Salaries and Expenses in High-Cost Litigation Pub. L. 103317, title I,  109 Aug. 26, 1994 108 Stat. 1735 Notwithstanding 31 U.S.C. 3302 Neighborhood Revitalization Pub. L. 102395, title I Oct. 6, 1992 106 Stat. 1830 That for fiscal year 1993 and thereafter the Attorney General shall (1) promote neighborhood revitalization by developing a plan for the use of Federal funds appropriated for selected activities in the Departments of Labor, Education, Health and Human Services, Transportation, Agriculture, and Housing and Urban Development; (2) the Attorney General shall solicit from State and local governments plans to revitalize neighborhoods using programs administered by such agencies; and (3) the Attorney General shall review and approve such plans in consultation with the Federal agency to which funds are appropriated. Procurement of Expert Witnesses Without Regard to Competitive Procurement Procedures Pub. L. 102140, title VI,  611(a) Oct. 28, 1991 105 Stat. 832 For fiscal year 1992 and thereafter, the Department of Justice may procure the services of expert witnesses for use in preparing or prosecuting a civil or criminal action, without regard to competitive procurement procedures, including the Commerce Business Daily publication requirements: Provided Structural Reforms To Improve Federal Response to Crimes Affecting Financial Institutions Pub. L. 101647, title XXV Nov. 29, 1990 104 Stat. 4883  SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT. (a)  Establishment There is established within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit to be headed by a special counsel (hereafter in this title [probably means this subtitle which is subtitle D ( 25362540) of title XXV of Pub. L. 101647 section 1441a of Title 12 (b)  Responsibility The Financial Institutions Fraud Unit and the Special Counsel shall be responsible to and shall report directly to the Deputy Attorney General. (c)  Sunset The provisions of this section shall cease to apply at the end of the 5-year period beginning on the date of the enactment of this Act [ Nov. 29, 1990 SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE SPECIAL COUNSEL. (a)  Appointment The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate. (b)  Responsibilities The Special Counsel shall (1) supervise and coordinate investigations and prosecutions within the Department of Justice of fraud and other criminal activity in and against the financial services industry, including, to the extent consistent with the independent counsel provision of chapter 40 of title 28, United States Code, any such activity by any current or former elected official or high-level executive branch official or any member of the immediate family of any such official; (2) ensure that Federal law relating to civil enforcement, asset seizure and forfeiture, money laundering, and racketeering are used to the fullest extent authorized to recover the proceeds of unlawful activities from persons who have committed crimes in and against the financial services industry; and (3) ensure that adequate resources are made available for the investigation and prosecution of fraud and other criminal activity in and against the financial services industry. (c)  Compensation The Special Counsel shall be paid at the basic pay payable for level V of the Executive Schedule. SEC. 2538. ASSIGNMENT OF PERSONNEL. There shall be assigned to the Financial Institutions Fraud Unit such personnel as the Attorney General deems necessary to provide an appropriate level of enforcement activity in the area of fraud and other criminal activity in and against the financial services industry. [ Section 2539 of Pub. L. 101647 section 41501 of Title 34 [ Pub. L. 111203, title III July 21, 2010 124 Stat. 1546 section 5411 of Title 12 section 2539(c)(2) of Pub. L. 101647 Authorization of Appropriations for Humanitarian Expenses Incurred by Federal Bureau of Investigation and Drug Enforcement Administration Pub. L. 101647, title XXXII,  3201 Nov. 29, 1990 104 Stat. 4916 Pub. L. 105277, div. A,  101(b) [title I,  109(a)] Oct. 21, 1998 112 Stat. 268150 Pub. L. 117328, div. B, title II,  219 Dec. 29, 2022 136 Stat. 4544 Appropriations in this or any other Act hereafter for the Federal Bureau of Investigation, the Drug Enforcement Administration, the Federal Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explosives, or the United States Marshals Service are available, in an amount of not to exceed $50,000 each per fiscal year, to pay humanitarian expenses incurred by or for any employee thereof (or any member of the employees immediate family) that results from or is incident to serious illness, serious injury, or death occurring to the employee while on official duty or business. Investigation of Financial Institutions; Assistance of Government Personnel Pub. L. 101509, title V,  528 Nov. 5, 1990 104 Stat. 1427 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 103322, title XXXII,  320923 Sept. 13, 1994 108 Stat. 2131  (a) Notwithstanding any other law and in any fiscal year (1) The Attorney General shall accept, and Federal departments and agencies, including the United States Secret Service, the Internal Revenue Service, the Resolution Trust Corporation, and the appropriate Federal banking agency, may provide, without reimbursement, the services of attorneys, law enforcement personnel, and other employees of any other departments or agencies of the Federal Government to assist the Department of Justice, subject to the supervision of the Attorney General, in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation; (2) any attorney of a department or agency whose services are accepted pursuant to paragraph (1) may, subject to the supervision of the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, and perform any other investigative or prosecutorial function, which United States attorneys are authorized by law to conduct or perform whether or not the attorney is a resident of the district in which the proceeding is brought; and (3) law enforcement personnel of the United States Secret Service are authorized, subject to the supervision of the Attorney General, to conduct or perform any kind of investigation, civil or criminal, related to fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, which the Department of Justice law enforcement personnel are authorized by law to conduct or perform: Provided (b) This section (1) shall not, except as expressly provided herein, alter the authority of any Federal law enforcement agency; and (2) shall expire on December 31, 2004 (c) This section applies notwithstanding any other provision of law enacted by the 101st Congress after October 15, 1990 [For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Processing of Name Checks and Background Records for Noncriminal Employment, Licensing, and Humanitarian Purposes Pub. L. 101162, title II Nov. 21, 1989 103 Stat. 995 section 41103 of Title 34 Expenses of Legal Defense for Federal Government Employees Performing Official Duties; Fees and Expenses of Witnesses Pub. L. 101162, title II Nov. 21, 1989 103 Stat. 997 That for fiscal year 1990 and hereafter the Attorney General may enter into reimbursable agreements with other Federal Government agencies or components within the Department of Justice to pay expenses of private counsel to defend Federal Government employees sued for actions while performing their official duties: Provided further Pub. L. 101162, title VI Nov. 21, 1989 103 Stat. 1031 Uniforms and Allowances Pub. L. 101162, title II,  203 Nov. 21, 1989 103 Stat. 1002 For fiscal year 1990 and hereafter, appropriations for Salaries and expenses, General Administration, Salaries and expenses, United States Marshals Service, Salaries and expenses, Federal Bureau of Investigation, Salaries and expenses, Drug Enforcement Administration, Salaries and expenses, Immigration and Naturalization Service, and Salaries and expenses, Federal Prison System, shall be available for uniforms and allowances therefor as authorized by law ( 5 U.S.C. 5901590 [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8 Justice Department Organized Crime and Drug Enforcement Enhancement Pub. L. 100690, title I Nov. 18, 1988 102 Stat. 4189  SEC. 1051. SHORT TITLE. This subtitle may be cited as the Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988. SEC. 1052. FINDINGS. The Congress finds that (1) organized criminal activity contributes significantly to the importation, distribution, and sale of illegal and dangerous drugs; (2) trends in drug trafficking patterns necessitate a response that gives appropriate weight to (A) the prosecution of drug-related crimes; and (B) the forfeiture and seizure of assets and other civil remedies used to strike at the inherent strength of the drug networks and organized crime groups; (3) law enforcement components of the Department of Justice should give high priority to the enforcement of civil sanctions against drug networks and organized crime groups; and (4) the structure of the Department of Justice Criminal Division needs to be reviewed in order to determine the most effective structure to address such drug-related problems. SEC. 1053. CIVIL ENFORCEMENT REPORT. (a)  Report Not later than 1 year after the date of the enactment of this title [ Nov. 18, 1988 (1) the Organized Crime and Racketeering Section of the Criminal Division and all subordinate strike forces therein; (2) the Narcotic and Dangerous Drug Section of the Criminal Division; (3) the Asset Forfeiture Office of the Criminal Division; and (4) the Organized Crime Drug Enforcement Task Force Program;[.] (b)  Legislative Recommendations The report submitted under subsection (a) shall include appropriate legislative recommendations for the Congress. SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT. (a)  Duty of Attorney General The Attorney General shall insure that each component of the Department of Justice having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations, including each United States Attorneys Office, attaches a high priority to the enforcement of civil statutes creating ancillary sanctions and remedies for such violations, such as civil penalties and actions, forfeitures, injunctions and restraining orders, and collection of fines. (b)  Duty of Associate Attorney General The Associate Attorney General shall be responsible for implementing the policy set forth in this subsection. (c)  Authorization of Appropriations (1) There are authorized to be appropriated $3,000,000 for salaries and expenses to the Department of Justice General Legal Activities Account and $3,000,000 for salaries and expenses for United States Attorneys for fiscal year 1989. (2) Any appropriation of funds authorized under paragraph (1) shall be (A) in addition to any appropriations requested by the President in the 1989 fiscal year budget submitted by the President to the Congress on February 18, 1988 September 30, 1989 (B) used to increase the number of field attorneys and related support staff over such personnel levels employed at the Department of Justice on September 30, 1988 (3) Any increase in full-time equivalent positions described under paragraph (2)(B) shall be exclusively used for asset forfeiture and civil enforcement and be assigned to appropriate field offices of the Organized Crime and Racketeering Section and the Organized Crime Drug Enforcement Task Forces. (d)  Reporting Requirement The Attorney General, at the end of each such fiscal year, shall file a report with the Congress setting forth the extent of such enforcement efforts, as well as the need for any enhancements in resources necessary to carry out this policy. SEC. 1055. EXPENSES OF TASK FORCES. (a)  Appropriations and Reimbursements Procedure Beginning in fiscal year 1990, the Attorney General in his budget shall submit a separate appropriations request for expenses relating to all Federal agencies participating in the Organized Crime Drug Enforcement Task Forces. Such appropriations shall be made to the Department of Justices Interagency Law Enforcement Appropriation Account for the Attorney General to make reimbursements to the involved agencies as necessary. (b)  Enhancement of Field Activities The appropriations and reimbursements procedure described under subsection (a) shall (1) provide for the flexibility of the Task Forces which is vital to success; (2) permit Federal law enforcement resources to be shifted in response to changing patterns of organized criminal drug activities; (3) permit the Attorney General to reallocate resources among the organizational components of the Task Forces and between regions without undue delay; and (4) ensure that the Task Forces function as a unit, without the competition for resources among the participating agencies that would undermine the overall effort. [For termination, effective May 15, 2000 section 1054(d) of Pub. L. 100690 section 3003 of Pub. L. 10466 section 1113 of Title 31 Impact Analysis of Additional Resources to Certain Components of Federal Criminal Justice System; Study by Comptroller General and Report to Congress Pub. L. 100690, title IX,  9201 Nov. 18, 1988 102 Stat. 4535  (a)  Study The Comptroller General of the United States shall conduct a study (1) to determine the impact of additional resources to certain components of the Federal criminal justice system on other components of the system and of enhanced or new Federal criminal penalties or laws on the agencies and offices of the Department of Justice, the Federal courts, and other components of the Federal criminal justice system; and (2) use the data derived from the impact analysis to develop a model that can be applied by Congress and Federal agencies and departments to help determine appropriate staff and budget responses in order to maintain balance in the Federal criminal justice system and effectively implement changes in resources, laws, or penalties. (b)  Report to Congress The Comptroller General shall report the results and recommendations derived from the study required by subsection (a) no later than 1 year after the date of enactment of this Act [ Nov. 18, 1988 Federal Environmental or Natural Resource Laws; Investigations Respecting, Etc. Pub. L. 96132,  12 Nov. 30, 1979 93 Stat. 1048 The Attorney General may, with the concurrence of any agency or Department with primary enforcement responsibility for an environmental or natural resource law, investigate any violation, of an environmental or natural resource law of the United States, and bring such actions as are necessary to enforce such laws. This section does not affect the criminal law enforcement authority of the Attorney General. Positions in Drug Enforcement Administration; Grades Excepted From Competitive Service; Vacancies; Removal, Suspension, or Reduction in Rank or Pay; Rate of Pay Pub. L. 94503, title II,  201 Oct. 15, 1976 90 Stat. 2425  (a) Effective beginning one year after date of the enactment of this Act [ Oct. 15, 1976 (1) positions at GS16, 17, and 18 of the General Schedule under section 5332(a) of title 5 (2) positions at GS15 of the General Schedule which are designated as (A) regional directors, (B) office heads, or (C) executive assistants (or equivalent positions) under the immediate supervision of the Administrator (or the Deputy Administrator) of the Drug Enforcement Administration. (b) Effective during the one year period beginning on the date of the enactment of this Act [ Oct. 15, 1976 (1) first, from applicants who have continuously held positions described in subsection (a) since the date of the enactment of this Act and who have applied for, and are qualified to fill, such vacancies, and (2) then, from other applicants in the order which would have occurred in the absence of this subsection. Any individual placed in a position under paragraph (1) shall be paid in accordance with subsection (d). (c) (1) Effective beginning one year after the date of the enactment of this Act [ Oct. 15, 1976 (A) such individual has been employed in the Drug Enforcement Administration for less than the one-year period immediately preceding the date of such action, and (B) the Administrator determines, in his discretion, that such action would promote the efficiency of the service. (2) Effective beginning one year after the date of the enactment of this Act [ Oct. 15, 1976 (A) such individual has been continuously employed in such position since the date of the enactment of this Act, and (B) the Administrator determines, in his discretion, that such action would promote the efficiency of the service. Any individual reduced in rank or pay under this paragraph shall be paid in accordance with subsection (d). (3) The provisions of sections 7512 and 7701 of title 5, United States Code, and otherwise applicable Executive orders, shall not apply with respect to actions taken by the Administrator under paragraph (1) or any reduction in rank or pay (under paragraph (2) or otherwise) of any individual in a position described in subsection (a). (d) Any individual whose pay is to be determined in accordance with this subsection shall be paid basic pay at the rate of basic pay he was receiving immediately before he was placed in a position under subsection (b)(1) or reduced in rank or pay under subsection (c)(2), as the case may be, until such time as the rate of basic pay he would receive in the absence of this subsection exceeds such rate of basic pay. The provisions of section 5337 of title 5 [References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Executive Documents  Emergency Preparedness Functions For assignment of certain emergency preparedness functions to the Attorney General, see Parts 1, 2, and 11 of Ex. Ord. No. 12656, Nov. 18, 1988 section 5195 of Title 42 REORGANIZATION PLAN NO. 1 OF 1968 Eff. Apr. 8, 1968 82 Stat. 1367 July 1, 1973 87 Stat. 1091 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 7, 1968 NARCOTICS; DRUG ABUSE CONTROL Section 1. Transfer of Functions From Treasury Department There are hereby transferred to the Attorney General: (a) Those functions of the Secretary of the Treasury which are administered through or with respect to the Bureau of Narcotics. (b) All functions of the Bureau of Narcotics, of the Commissioner of Narcotics, and of all other officers, employees and agencies of the Bureau of Narcotics. (c) So much of other functions or parts of functions of the Secretary of the Treasury and the Department of the Treasury as is incidental to or necessary for the performance of the functions transferred by paragraphs (a) and (b) of this section. Sec. 2. Transfer of Functions From the Department of Health, Education, and Welfare There are hereby transferred to the Attorney General: (a) The functions of the Secretary of Health, Education, and Welfare under the Drug Abuse Control Amendments of 1965 ( Public Law 8974 79 Stat. 226 21 U.S.C. 301 (b) So much of other functions or parts of functions of the Secretary of Health, Education, and Welfare, and of the Department of Health, Education, and Welfare, as is incidental to or necessary for the performance of the functions transferred by paragraph (a) of this section. Sec. 3. Bureau of Narcotics and Dangerous Drugs (a) [Repealed. Reorg. Plan No. 2 of 1973,  3, 38 F.R. 15932, 87 Stat. 1091 July 1, 1973 (b) There are hereby established in the Department of Justice, in addition to the positions transferred to that Department by this Plan, four new positions, appointment to which shall be made by the Attorney General in the competitive service. Two of those positions shall have compensation at the rate now or hereafter provided for GS-18 positions of the General Schedule and the other two shall have compensation at the rate now or hereafter provided for GS-16 positions of the General Schedule ( 5 U.S.C. 5332 [References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Sec. 4. Abolition The Bureau of Narcotics in the Department of the Treasury, including the office of Commissioner of Narcotics ( 21 U.S.C. 161 Sec. 5. Performance of Transferred Functions The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or organizational entity of the Department of Justice. Sec. 6. Incidental Transfers (a) There are hereby transferred to the Department of Justice all of the positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, (1) of the Bureau of Narcotics, and (2) of the Bureau of Drug Abuse Control of the Department of Health, Education, and Welfare. (b) There shall be transferred to the Department of Justice, at such time or times as the Director of the Bureau of the Budget shall direct, so much as the Director shall determine of other positions, personnel, property, records and unexpended balances of appropriations, allocations, and other funds of the Department of the Treasury and of the Department of Health, Education, and Welfare employed, used, held, available or to be made available in connection with functions transferred by the provisions of this reorganization plan. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided in this section shall be carried out in such manner as he may direct and by such agencies as he shall designate. Message of the President To the Congress of the United States: In my first Reorganization Plan of 1968, I call for the creation of a new and powerful Bureau of Narcotics and Dangerous Drugs. With this action, America will serve notice to the pusher and the peddler that their criminal acts must stop. No matter how well organized they are, we will be better organized. No matter how well they have concealed their activities, we will root them out. Today, Federal investigation and enforcement of our narcotics laws are fragmented. One major elementthe Bureau of Narcoticsis in the Treasury Department and responsible for the control of marihuana and narcotics such as heroin. Anotherthe Bureau of Drug Abuse Controlis in the Department of Health, Education, and Welfare, and is responsible for the control of dangerous drugs including depressants, stimulants, and hallucinogens such as LSD. Neither is located in the agency which is primarily concerned with Federal law enforcementthe Department of Justice. This separation of responsibilitiesdespite the relentless and dedicated efforts of the agents of each Bureauhas complicated and hindered our response to a national menace. For example, more than nine out of ten seizures of LSD made by the Bureau of Drug Abuse Control have also turned up marihuanabut that Bureau has no jurisdiction over marihuana. In many instances, we are confronted by well organized disciplined and resourceful criminals who reap huge profits at the expense of their unfortunate victims. The response of the Federal Government must be unified. And it must be total. Today, in my Message on Crime, I recommended strong new laws to control dangerous drugs. I also recommended an increase of more than thirty percent in the number of Federal agents enforcing the narcotic and dangerous drug laws. I now propose that a single Bureau of Narcotics and Dangerous Drugs be established in the Department of Justice to administer those laws and to bring to the American people the most efficient and effective Federal enforcement machinery we can devise. Under this Reorganization Plan the Attorney General will have full authority and responsibility for enforcing the Federal laws relating to narcotics and dangerous drugs. The new Bureau of Narcotics and Dangerous Drugs, to be headed by a Director appointed by the Attorney General, will: consolidate the authority and preserve the experience and manpower of the Bureau of Narcotics and the Bureau of Drug Abuse Control. work with states and local governments in their crackdown on illegal trade in drugs and narcotics, and help to train local agents and investigators. maintain worldwide operations, working closely with other nations, to suppress the trade in illicit narcotics and marihuana. conduct an extensive campaign of research and a nationwide public education program on drug abuse and its tragic effects. The Plan I forward today moves in the direction recommended by two distinguished groups: 1949 Hoover Commission. the 1963 Presidential Advisory Commission on Narcotic and Drug Abuse. This Administration and this Congress have the will and the determination to stop the illicit traffic in drugs. But we need more than the will and the determination. We need a modern and efficient instrument of Government to transform our plans into action. That is what this Reorganization Plan calls for. The Plan has been prepared in accordance with chapter 9 of title 5 of the United States Code. I have found, after investigation, that each reorganization included in the plan is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 I have also found that, by reason of these reorganizations, it is necessary to include in the accompanying plan provisions for the appointment and compensation of the five new positions as specified in section 3 of the plan. The rates of compensation fixed for these new positions are those which I have found to prevail in respect of comparable positions in the Executive Branch of the Government. Should the reorganization I propose take effect, they will make possible more effective and efficient administration of Federal law enforcement functions. It is not practicable at this time, however, to itemize the reduction in expenditures which may result. I recommend that the Congress allow this urgently needed and important Reorganization Plan to become effective.  Lyndon B. Johnson. The White House February 7, 1968 REORGANIZATION PLAN NO. 2 OF 1973 Effective July 1, 1973 87 Stat. 1091 Pub. L. 93253,  1 Mar. 16, 1974 88 Stat. 50 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 28, 1973 LAW ENFORCEMENT IN ILLICIT DRUG ACTIVITIES Section 1. Transfers to the Attorney General There are hereby transferred from the Secretary of the Treasury, the Department of the Treasury, and any other officer or any agency of the Department of the Treasury, to the Attorney General all intelligence, investigative, and law enforcement functions, vested by law in the Secretary, the Department, officers, or agencies which relate to the suppression of illicit traffic in narcotics, dangerous drugs, or marihuana, except that the Secretary shall retain, and continue to perform, those functions, to the extent that they relate to searches and seizures of illicit narcotics, dangerous drugs, or marihuana or to the apprehension or detention of persons in connection therewith, at regular inspection locations at ports of entry or anywhere along the land or water borders of the United States: Provided Provided further Provided further Sec. 2. Transfers to the Secretary of the Treasury [Repealed. Pub. L. 93253,  1(a)(1) Mar. 16, 1974 88 Stat. 50 July 1, 1973 Sec. 3. Abolition The Bureau of Narcotics and Dangerous Drugs, including the Office of Director thereof, is hereby abolished, and section 3(a) of Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney General shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics and Dangerous Drugs not otherwise provided for in this Reorganization Plan. Sec. 4. Drug Enforcement Administration There is established in the Department of Justice an agency which shall be known as the Drug Enforcement Administration, hereinafter referred to as the Administration. Sec. 5. Officers of the Administration (a) There shall be at the head of the Administration the Administrator of Drug Enforcement, hereinafter referred to as the Administrator. The Administrator shall be appointed by the President by and with the advice and consent of the Senate, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level III of the Executive Schedule Pay Rates ( 5 U.S.C. 5314 (b) There shall be in the Administration a Deputy Administrator of the Drug Enforcement Administration, hereinafter referred to as the Deputy Administrator, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Attorney General may from time to time direct, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level V of the Executive Schedule Pay Rates ( 5 U.S.C. 5316 (c) The Deputy Administrator or such other official of the Department of Justice as the Attorney General shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. Sec. 6. Performance of Transferred Functions The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this Reorganization Plan by any officer, employee, or agency of the Department of Justice. [Section, former subsec. (a) designation, and subsec. (b) providing for performance of functions transferred to Secretary of Treasury by any officer, employee, or agency of Treasury Department, repealed by Pub. L. 93253,  1(a)(2) Mar. 16, 1974 88 Stat. 50 July 1, 1973 Sec. 7. Coordination The Attorney General, acting through the Administrator and such other officials of the Department of Justice as he may designate, shall provide for the coordination of all drug law enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among the Administration, the Federal Bureau of Investigation, and other units of the Department involved in the performance of these and related functions. Sec. 8. Incidental Transfers (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available or to be made available in connection with the functions transferred to the Attorney General and to the Secretary of the Treasury by this Reorganization Plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Department of Justice and to the Department of the Treasury, respectively, at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such Federal agencies as he shall designate. Sec. 9. Interim Officers (a) The President may authorize any person who, immediately prior to the effective date of this Reorganization Plan, held a position in the Executive Branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. Sec. 10. Effective Date The provisions of this Reorganization Plan shall take effect as provided by section 906(a) of title 5 July 1, 1973 Message of the President To the Congress of the United States: Drug abuse is one of the most vicious and corrosive forces attacking the foundations of American society today. It is a major cause of crime and a merciless destroyer of human lives. We must fight it with all of the resources at our command. This Administration has declared all-out, global war on the drug menace. As I reported to the Congress earlier this month in my State of the Union message, there is evidence of significant progress on a number of fronts in that war. Both the rate of new addiction to heroin and the number of narcotic-related deaths showed an encouraging downturn last year. More drug addicts and abusers are in treatment and rehabilitation programs than ever before. Progress in pinching off the supply of illicit drugs was evident in last years stepped-up volume of drug seizures worldwidewhich more than doubled in 1972 over the 1971 level. Arrests of traffickers have risen by more than one-third since 1971. Prompt Congressional action on my proposal for mandatory minimum sentences for pushers of hard drugs will help ensure that convictions stemming from such arrests lead to actual imprisonment of the guilty. Notwithstanding these gains, much more must be done. The resilience of the international drug trade remains grimly impressivecurrent estimates suggest that we still intercept only a small fraction of all the heroin and cocaine entering this country. Local police still find that more than one of every three suspects arrested for street crimes is a narcotic abuser or addict. And the total number of Americans addicted to narcotics, suffering terribly themselves and inflicting their suffering in countless others, still stands in the hundreds of thousands. A UNIFIED COMMAND FOR DRUG ENFORCEMENT Seeking ways to intensify our counter-offensive against this menace, I am asking the Congress today to join with this Administration in strengthening and streamlining the Federal drug law enforcement effort. Funding for this effort has increased sevenfold during the past five years, from $36 million in fiscal year 1969 to $257 million in fiscal year 1974more money is not the most pressing enforcement need at present. Nor is there a primary need for more manpower working on the problem, over 2100 new agents having already been added to the Federal drug enforcement agencies under this Administration, an increase of more than 250 percent over the 1969 level. The enforcement work could benefit significantly, however, from consolidation of our anti-drug forces under a single unified command. Right now the Federal Government is fighting the war on drug abuse under a distinct handicap, for its efforts are those of a loosely confederated alliance facing a resourceful, elusive, worldwide enemy. Admiral Mahan, the master naval strategist, described this handicap precisely when he wrote that Granting the same aggregate of force, it is never as great in two hands as in one, because it is not perfectly concentrated. More specifically, the drug law enforcement activities of the United States now are not merely in two hands but in half a dozen. Within the Department of Justice, with no overall direction below the level of the Attorney General, these fragmented forces include the Bureau of Narcotics and Dangerous Drugs, the Office for Drug Abuse Law Enforcement, the Office of National Narcotics Intelligence, and certain activities of the Law Enforcement Assistance Administration. The Treasury Department is also heavily engaged in enforcement work through the Bureau of Customs. This aggregation of Federal activities has grown up rapidly over the past few years in response to the urgent need for stronger anti-drug measures. It has enabled us to make a very encouraging beginning in the accelerated drug enforcement drive of this Administration. But it also has serious operational and organizational shortcomings. Certainly the cold-blooded underworld networks that funnel narcotics from suppliers all over the world into the veins of American drug victims are no respecters of the bureaucratic dividing lines that now complicate our anti-drug efforts. On the contrary, these modern-day slave traders can derive only advantage from the limitations of the existing organizational patchwork. Experience has now given us a good basis for correcting those limitations, and it is time to do so. I therefore propose creation of a single, comprehensive Federal agency within the Department of Justice to lead the war against illicit drug traffic. Reorganization Plan No. 2 of 1973, which I am transmitting to the Congress with this message, would establish such an agency, to be called the Drug Enforcement Administration. It would be headed by an Administrator reporting directly to the Attorney General. The Drug Enforcement Administration would carry out the following anti-drug functions, and would absorb the associated manpower and budgets: All functions of the Bureau of Narcotics and Dangerous Drugs (which would be abolished as a separate entity by the reorganization plan); Those functions of the Bureau of Customs pertaining to drug investigations and intelligence (to be transferred from the Treasury Department to the Attorney General by the reorganization plan). All functions of the Office of Drug Abuse Law Enforcement; and All functions of the Office of National Narcotics Intelligence. Merger of the latter two organizations into the new agency would be effected by an executive order dissolving them and transferring their functions, to take effect upon approval of Reorganization Plan No. 2 by the Congress. Drug law enforcement research currently funded by the Law Enforcement Assistance Administration and other agencies would also be transferred to the new agency by executive action. The major responsibility of the Drug Enforcement Administration would thus include: development of overall Federal drug law enforcement strategy, programs, planning, and evaluation; full investigation and preparation for prosecution of suspects for violations under all Federal drug trafficking laws; full investigation and preparation for prosecution of suspects connected with illicit drugs seized at U.S. ports-of-entry and international borders; conduct of all relations with drug law enforcement officials of foreign governments, under the policy guidance of the Cabinet Committee on International Narcotics Control; full coordination and cooperation with State and local law enforcement officials on joint drug enforcement efforts; and regulation of the legal manufacture of drugs and other controlled substances under Federal regulations. The Attorney General, working closely with the Administrator of this new agency, would have authority to make needed program adjustments. He would take steps within the Department of Justice to ensure that high priority emphasis is placed on the prosecution and sentencing of drug traffickers following their apprehension by the enforcement organization. He would also have the authority and responsibility for securing the fullest possible cooperation-particularly with respect to collection of drug intelligencefrom all Federal departments and agencies which can contribute to the anti-drug work, including the Internal Revenue Service and the Federal Bureau of Investigation. My proposals would make possible a more effective antidrug role for the FBI, especially in dealing with the relationship between drug trafficking and organized crime. I intend to see that the resources of the FBI are fully committed to assist in supporting the new Drug Enforcement Administration. The consolidation effected under Reorganization Plan No. 2 would reinforce the basic law enforcement and criminal justice mission of the Department of Justice. With worldwide drug law enforcement responsibilities no longer divided among several organizations in two different Cabinet departments, more complete and cumulative drug law enforcement intelligence could be compiled. Patterns of international and domestic illicit drug production, distribution, and sale could be more directly compared and interpreted. Case-by-case drug law enforcement activities could be more comprehensively linked, cross-referenced, and coordinated into a single, organic enforcement operation. In short, drug law enforcement officers would be able to spend more time going after the traffickers and less time coordinating with one another. Such progress could be especially helpful on the international front. Narcotics control action plans, developed under the leadership of the Cabinet Committee on International Narcotics Control, are now being carried out by U.S. officials in cooperation with host governments in 59 countries around the world. This wide-ranging effort to cut off drug supplies before they ever reach U.S. borders or streets is just now beginning to bear fruit. We can enhance its effectiveness, with little disruption of ongoing enforcement activities, by merging both the highly effective narcotics force of overseas Customs agents and the rapidly developing international activities of the Bureau of Narcotics and Dangerous Drugs into the Drug Enforcement Administration. The new agency would work closely with the Cabinet Committee under the active leadership of the U.S. Ambassador in each country where anti-drug programs are underway. Two years ago, when I established the Special Action Office for Drug Abuse Prevention within the Executive Office of the President, we gained an organization with the necessary resources, breadth, and leadership capacity to begin dealing decisively with the demand side of the drug abuse problemtreatment and rehabilitation for those who have been drug victims, and preventive programs for potential drug abusers. This year, by permitting my reorganization proposals to take effect, the Congress can help provide a similar capability on the supply side. The proposed Drug Enforcement Administration, working as a team with the Special Action Office, would arm Americans with a potent one-two punch to help us fight back against the deadly menace of drug abuse. I ask full Congressional cooperation in its establishment. IMPROVING PORT-OF-ENTRY INSPECTIONS No heroin or cocaine is produced within the United States; domestic availability of these substances results solely from their illegal importation. The careful and complete inspection of all persons and goods coming into the United States is therefore an integral part of effective Federal drug law enforcement. At the present time, however, Federal responsibility for conducting port-of-entry inspections is awkwardly divided among several Cabinet departments. The principal agencies involved are the Treasury Departments Bureau of Customs, which inspects goods, and the Justice Departments Immigration and Naturalization Service, which inspects persons and their papers. The two utilize separate inspection procedures, hold differing views of inspection priorities, and employ dissimilar personnel management practices. To reduce the possibility that illicit drugs will escape detection at ports-of-entry because of divided responsibility, and to enhance the effectiveness of the Drug Enforcement Administration, the reorganization plan which I am proposing today would transfer to the Secretary of the Treasury all functions currently vested in Justice Department officials to inspect persons, or the documents of persons. When the plan takes effect, it is my intention to direct the Secretary of the Treasury to use the resources so transferredincluding some 1,000 employees of the Immigration and Naturalization Serviceto augment the staff and budget of the Bureau of Customs. The Bureaus primary responsibilities would then include: inspection of all persons and goods entering the United States; valuation of goods being imported, and assessment of appropriate tariff duties; interception of contraband being smuggled into the United States; enforcement of U.S. laws governing the international movement of goods, except the investigation of contraband drugs and narcotics; and turning over the investigation responsibility for all drug law enforcement cases to the Department of Justice. The reorganization would thus group most port-of-entry inspection functions in a single Cabinet department. It would reduce the need for much day-to-day interdepartmental coordination, allow more efficient staffing at some field locations, and remove the basis for damaging interagency rivalries. It would also give the Secretary of the Treasury the authority and flexibility to meet changing requirements in inspecting the international flow of people and goods. An important by-product of the change would be more convenient service for travellers entering and leaving the country. For these reasons, I am convinced that inspection activities at U.S. ports-of-entry can more effectively support our drug law enforcement efforts if concentrated in a single agency. The processing of persons at ports-of-entry is too closely interrelated with the inspection of goods to remain organizationally separated from it any longer. Both types of inspections have numerous objectives besides drug law enforcement, so it is logical to vest them in the Treasury Department, which has long had the principal responsibility for port-of-entry inspection of goods, including goods being transported in connection with persons. As long as the inspections are conducted with full awareness of related drug concerns it is neither necessary nor desirable that they be made a responsibility of the primary drug enforcement organization. DECLARATIONS After investigation, I have found that each action included in Reorganization Plan No. 2 of 1973 is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 As required by law, the plan has one logically consistent subject matter: consolidation of Federal drug law enforcement activities in a manner designed to increase their effectiveness. The plan would establish in the Department of Justice a new Administration designated as the Drug Enforcement Administration. The reorganizations provided for in the plan make necessary the appointment and compensation of new officers as specified in Section 5 of the plan. The rates of compensation fixed for these officers would be comparable to those fixed for officers in the executive branch who have similar responsibilities. While it is not practicable to specify all of the expenditure reductions and other economies which may result from the actions proposed, some savings may be anticipated in administrative costs now associated with the functions being transferred and consolidated. The proposed reorganization is a necessary step in upgrading the effectiveness of our Nations drug law enforcement effort. Both of the proposed changes would build on the strengths of established agencies, yielding maximum gains in the battle against drug abuse with minimum loss of time and momentum in the transition. I am confident that this reorganization plan would significantly increase the overall efficiency and effectiveness of the Federal Government. I urge the Congress to allow it to become effective.  Richard Nixon. The White House March 28, 1973  Ex. Ord. No. 12146. Management of Federal Legal Resources Ex. Ord. No. 12146, July 18, 1979 Sept. 9, 1987 Feb. 28, 2003 By the authority vested in me as President by the Constitution and statutes of the United States of America, it is hereby ordered as follows: 11. Establishment of the Federal Legal Council 1101. There is hereby established the Federal Legal Council, which shall be composed of the Attorney General and the representatives of not more than 16 other agencies. The agency representative shall be designated by the head of the agency. 1102. The initial membership of the Council, in addition to the Attorney General, shall consist of representatives designated by the heads of the following agencies: (a) The Department of Commerce. (b) The Department of Defense. (c) The Department of Energy. (d) The Environmental Protection Agency. (e) The Equal Employment Opportunity Commission. (f) The Federal Trade Commission. (g) The Department of Health and Human Services. (h) The Interstate Commerce Commission. (i) The Department of Labor. (j) The National Labor Relations Board. (k) The Securities and Exchange Commission. ( l (m) The Department of the Treasury. (n) The Department of Homeland Security. ( o (p) the Veterans Administration. 1103. The initial members of the Council shall serve for a term of two years. Thereafter, the agencies which compose the membership shall be designated annually by the Council and at least five positions on the Council, other than that held by the Attorney General, shall rotate annually. 1104. In addition to the above members, the Directors of the Office of Management and Budget and the Office of Personnel Management, or their designees, shall be advisory members of the Council. 1105. The Attorney General shall chair the Council and provide staff for its operation. Representatives of agencies that are not members of the Council may serve on or chair subcommittees of the Council. 12. Functions of the Council 1201. The Council shall promote: (a) coordination and communication among Federal legal offices; (b) improved management of Federal lawyers, associated support personnel, and information systems; (c) improvements in the training provided to Federal lawyers; (d) the facilitation of the personal donation of pro bono legal services by Federal attorneys; (e) the use of joint or shared legal facilities in field offices; and (f) the delegation of legal work to field offices. 1202. The Council shall study and seek to resolve problems in the efficient and effective management of Federal legal resources that are beyond the capacity or authority of individual agencies to resolve. 1203. The Council shall develop recommendations for legislation and other actions: (a) to increase the efficient and effective operation and management of Federal legal resources, including those matters specified in Section 1201, and (b) to avoid inconsistent or unnecessary litigation by agencies. 13. Litigation Notice System 1301. The Attorney General shall establish and maintain a litigation notice system that provides timely information about all civil litigation pending in the courts in which the Federal Government is a party or has a significant interest. 1302. The Attorney General shall issue rules to govern operation of the notice system. The rules shall include the following requirement: (a) All agencies with authority to litigate cases in court shall promptly notify the Attorney General about those cases that fall in classes or categories designated from time to time by the Attorney General. (b) The Attorney General shall provide all agencies reasonable access to the information collected in the litigation notice system. 14. Resolution of Interagency Legal Disputes 1401. Whenever two or more Executive agencies are unable to resolve a legal dispute between them, including the question of which has jurisdiction to administer a particular program or to regulate a particular activity, each agency is encouraged to submit the dispute to the Attorney General. 1402. Whenever two or more Executive agencies whose heads serve at the pleasure of the President are unable to resolve such a legal dispute, the agencies shall submit the dispute to the Attorney General prior to proceeding in any court, except where there is specific statutory vesting of responsibility for a resolution elsewhere. 15. Access to Legal Opinions 1501. In addition to the disclosure now required by law, all agencies are encouraged to make available for public inspection and copying other opinions of their legal officers that are statements of policy or interpretation that have been adopted by the agency, unless the agency determines that disclosure would result in demonstrable harm. 1502. All agencies are encouraged to make available on request other legal opinions, when the agency determines that disclosure would not be harmful. 16. Automated Legal Research and Information Systems 1601. The Attorney General, in coordination with the Secretary of Defense and other agency heads, shall provide for a computerized legal research system that will be available to all Federal law offices on a reimbursable basis. The system may include in its data base such Federal regulations, case briefs, and legal opinions, as the Attorney General deems appropriate. 1602. The Federal Legal Council shall provide leadership for all Federal legal offices in establishing appropriate word processing and management information systems. 17. Responsibilities of the Agencies 1701. Each agency shall (a) review the management and operation of its legal activities and report in one year to the Federal Legal Council all steps being taken to improve those operations, and (b) cooperate with the Federal Legal Council and the Attorney General in the performance of the functions provided by this Order. 1702. To the extent permitted by law, each agency shall furnish the Federal Legal Council and the Attorney General with reports, information and assistance as requested to carry out the provisions of this Order.  Executive Order No. 13271 Ex. Ord. No. 13271, July 9, 2002 Feb. 28, 2003 Nov. 17, 2009  Ex. Ord. No. 13402. Strengthening Federal Efforts To Protect Against Identity Theft Ex. Ord. No. 13402, May 10, 2006 Nov. 3, 2006 By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to strengthen efforts to protect against identity theft, it is hereby ordered as follows: Section Policy (a) increased aggressive law enforcement actions designed to prevent, investigate, and prosecute identity theft crimes, recover the proceeds of such crimes, and ensure just and effective punishment of those who perpetrate identity theft; (b) improved public outreach by the Federal Government to better (i) educate the public about identity theft and protective measures against identity theft, and (ii) address how the private sector can take appropriate steps to protect personal data and educate the public about identity theft; and (c) increased safeguards that Federal departments, agencies, and instrumentalities can implement to better secure government-held personal data. Sec Establishment of the Identity Theft Task Force. (a) There is hereby established the Identity Theft Task Force. (b) The Task Force shall consist exclusively of: (i) the Attorney General, who shall serve as Chairman of the Task Force; (ii) the Chairman of the Federal Trade Commission, who shall serve as Co-Chairman of the Task Force; (iii) the Secretary of the Treasury; (iv) the Secretary of Commerce; (v) the Secretary of Health and Human Services; (vi) the Secretary of Veterans Affairs; (vii) the Secretary of Homeland Security; (viii) the Director of the Office of Management and Budget; (ix) the Commissioner of Social Security; (x) the following officers of the United States: (A) the Chairman of the Board of Governors of the Federal Reserve System; (B) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (C) the Comptroller of the Currency; (D) the Director of the Office of Thrift Supervision; (E) the Chairman of the National Credit Union Administration Board; and (F) the Postmaster General; and (xi) such other officers of the United States as the Attorney General may designate from time to time, with the concurrence of the respective heads of departments and agencies concerned. (c) The Chairman and Co-Chairman shall convene and preside at the meetings of the Task Force, determine its agenda, direct its work and, as appropriate, establish and direct subgroups of the Task Force that shall consist exclusively of members of the Task Force. Such subgroups may address particular subject matters, such as criminal law enforcement or private sector education and outreach. The Chairman and Co-Chairman may also designate, with the concurrence of the head of department, agency, or instrumentality of which the official is part, such other Federal officials as they deem appropriate for participation in the Task Force subgroups. (d) A member of the Task Force, including the Chairman and Co-Chairman, may designate, to perform the Task Force or Task Force subgroup functions of the member, any person who is a part of the members department, agency, or instrumentality and who has high-level policy or operational duties or responsibilities related to the mission of the Task Force. Sec Functions of the Task Force (a) review the activities of executive branch departments, agencies, and instrumentalities relating to the policy set forth in section 1, and building upon these prior activities, prepare and submit in writing to the President by February 9, 2007 (b) coordinate, as appropriate and subject to section 5(a) of this order, Federal Government efforts related to implementation of the policy set forth in section 1 of this order; (c) obtain information and advice relating to the policy set forth in section 1 from representatives of State, local, and tribal governments, private sector entities, and individuals, in a manner that seeks their individual advice and does not involve collective judgment or consensus advice and deliberation and without giving any such person a vote or a veto over the activities or advice of the Task Force; (d) promote enhanced cooperation by Federal departments and agencies with State and local authorities responsible for the prevention, investigation, and prosecution of significant identity theft crimes, including through avoiding unnecessary duplication of effort and expenditure of resources; and (e) provide advice on the establishment, execution, and efficiency of policies and activities to implement the policy set forth in section 1: (i) to the President in written reports from time to time, including recommendations for administrative action or proposals for legislation; and (ii) to the heads of departments, agencies, and instrumentalities as appropriate from time to time within the discretion of the Chairman and the Co-Chairman. Sec Cooperation (b) The Task Force shall be located in the Department of Justice for administrative purposes, and to the extent permitted by law, the Department of Justice shall provide the funding and administrative support the Task Force needs to implement this order, as determined by the Attorney General. Sec General Provisions (i) authority granted by law to an executive department, agency, or instrumentality or the head thereof; and (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. Sec Termination  George W. Bush.  Executive Order No. 13519 Ex. Ord. No. 13519, Nov. 17, 2009 July 11, 2018  Executive Order No. 13774 Ex. Ord. No. 13774, Feb. 9, 2017 section 50101 of Title 34  Executive Order No. 13776 Ex. Ord. No. 13776, Feb. 9, 2017 section 60101 of Title 34  Ex. Ord. No. 13844. Establishment of the Task Force on Market Integrity and Consumer Fraud Ex. Ord. No. 13844, July 11, 2018 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice and Federal, State, local, and tribal agencies to investigate and prosecute crimes of fraud committed against the U.S. Government or the American people, recover the proceeds of such crimes, and ensure just and effective punishment of those who perpetrate crimes of fraud, it is hereby ordered as follows: Section Establishment Sec Membership and Operation (i) the Deputy Attorney General, who shall serve as the Chair; (ii) the Associate Attorney General, who shall serve as the Vice Chair; (iii) the Assistant Attorney General (Criminal Division); (iv) the Assistant Attorney General (Civil Division); (v) the Assistant Attorney General (Tax Division); (vi) the Assistant Attorney General (Antitrust Division); (vii) the Director of the Federal Bureau of Investigation; (viii) United States Attorneys designated by the Attorney General; and (ix) such other officers or employees of the Department of Justice as the Attorney General may from time to time designate. (b) The Deputy Attorney General shall convene and direct the work of the Task Force in fulfilling its functions under this order. The Deputy Attorney General may permit, when appropriate, the designee of a member of the Task Force, including participants invited under section 3 of this order, to participate in lieu of the member or participant. The Deputy Attorney General shall convene the Task Force at such times as the Deputy Attorney General deems appropriate. Sec Additional Participation for Specified Functions (a) the Secretary of the Treasury; (b) the Secretary of Defense; (c) the Secretary of Health and Human Services; (d) the Secretary of Housing and Urban Development; (e) the Secretary of Energy; (f) the Secretary of Education; (g) the Secretary of Veterans Affairs; (h) the Secretary of Homeland Security; (i) the Administrator of the Small Business Administration; (j) the Chairman of the Board of Governors of the Federal Reserve System; (k) the Commissioner of Social Security; (l) the Administrator of the United States Agency for International Development; (m) the Director of the Bureau of Consumer Financial Protection; (n) the Chairman of the Federal Trade Commission; (o) the Chairman of the Securities and Exchange Commission; (p) the Administrator of General Services; (q) the Chairman of the National Credit Union Administration; (r) the Chairman of the Commodity Futures Trading Commission; (s) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (t) the Director of the Federal Housing Finance Agency; (u) the Comptroller of the Currency; and (v) the Chief Postal Inspector for the Postal Inspection Service. Sec Functions (a) provide guidance for the investigation and prosecution of cases involving fraud on the government, the financial markets, and consumers, including cyber-fraud and other fraud targeting the elderly, service members and veterans, and other members of the public; procurement and grant fraud; securities and commodities fraud, as well as other corporate fraud, with particular attention to fraud affecting the general public; digital currency fraud; money laundering, including the recovery of proceeds; health care fraud; tax fraud; and other financial crimes; (b) provide recommendations to the Attorney General on fraud enforcement initiatives across the Department of Justice and on any matters the Task Force determines from time to time to be important in the investigation and prosecution of fraud and other financial crimes; and (c) make recommendations to the President, through the Attorney General for: (i) action to enhance cooperation among agencies in the investigation and prosecution of fraud and other financial crimes; (ii) action to enhance cooperation among Federal, State, local, and tribal authorities in connection with the detection, investigation, and prosecution of fraud and other financial crimes; and (iii) changes in rules, regulations, or policy, or recommendations to the Congress regarding legislative measures, to improve the effective investigation and prosecution of fraud and other financial crimes. Sec General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This Task Force shall replace the Financial Fraud Enforcement Task Force created by Executive Order 13519 of November 17, 2009 (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec Termination  Donald J. Trump.  Restoring the Department of Justices Access-to-Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable Memorandum of President of the United States, May 18, 2021 Memorandum for the Heads of Executive Departments and Agencies By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to increase meaningful access to our legal system and an array of Federal programs, it is hereby ordered as follows: Section Policy Recognizing the importance of access to justice and the power of legal aid, the Department of Justice (DOJ) in 2010 launched an access-to-justice initiative. In 2016, DOJ formally established the Office for Access to Justice. This office worked in partnership with other DOJ components to coordinate policy initiatives on topics including criminal indigent defense, enforcement of fines and fees, language barriers in access to the courts, and civil legal aid. The DOJ and the White House Domestic Policy Council also launched the Legal Aid Interagency Roundtable (LAIR) in 2012 to work with civil legal aid partners to advance Federal programs; create and disseminate tools to provide information about civil legal aid and Federal funding opportunities; and generate research to inform policy that improves access to justice. The LAIRs successes prompted President Obama to issue the memorandum of September 24, 2015 But there is much more for the Federal Government to do. According to a 2017 study by the Legal Services Corporation, low-income Americans receive inadequate or no professional legal assistance with regard to over 80 percent of the civil legal problems they face in a given year. All too often, unaddressed legal issues push people into poverty. At the same time, in the criminal legal system, those who cannot afford private counsel often receive a lower-quality defense because public defender caseloads are overburdened. The coronavirus disease 2019 (COVID19) pandemic has further exposed and exacerbated inequities in our justice system, as courts and legal service providers have been forced to curtail in-person operations, often without the resources or technology to offer remote-access or other safe alternatives. These access limitations have compounded the effects of other harms wrought by the pandemic. These problems have touched the lives of many persons in this country, particularly low-income people and people of color. With these immense and urgent challenges comes the opportunity to strengthen access to justice in the 21st century. Through funding, interagency collaboration, and strategic partnerships, the Federal Government can drive development of new approaches and best practices that provide meaningful access to justice today, and into the future, consistent with our foundational ideal of equal justice under the law. Sec. The Department of Justices Access-to-Justice Function (b) The Attorney General shall consider expanding DOJs planning, development, and coordination of access-to-justice policy initiatives, including in the areas of criminal indigent defense, civil legal aid, and pro bono legal services. As soon as practicable, and no later than 120 days from the date of this memorandum [ May 18, 2021 Sec. Reinvigorating the White House Legal Aid Interagency Roundtable Accordingly, I direct as follows: (a) The LAIR is hereby reconvened as a White House initiative in furtherance of the vision set forth in the memorandum of September 24, 2015 (b) The LAIR shall work across executive departments, agencies, and offices to fulfill its mission, including to: (i) improve coordination among Federal programs, so that programs are more efficient and produce better outcomes by including, where appropriate, legal services among the range of supportive services provided; (ii) increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status; (iii) develop policy recommendations that improve access to justice in Federal, State, local, Tribal, and international jurisdictions; (iv) assist the United States with implementation of Goal 16 of the United Nations 2030 Agenda for Sustainable Development to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels; and (v) advance relevant evidence-based research, data collection, and analysis of civil legal aid and indigent defense, and promulgate best practices. (c) The Attorney General and the Counsel to the President, or their designees, shall serve as the Co-Chairs of LAIR, which shall also include a representative or designee from each of the following executive departments, agencies, and offices: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of the Interior; (vi) the Department of Agriculture; (vii) the Department of Labor; (viii) the Department of Health and Human Services; (ix) the Department of Housing and Urban Development; (x) the Department of Transportation; (xi) the Department of Education; (xii) the Department of Veterans Affairs; (xiii) the Department of Homeland Security; (xiv) the Environmental Protection Agency; (xv) the Equal Employment Opportunity Commission; (xvi) the Corporation for National and Community Service; (xvii) the Office of Management and Budget; (xviii) the United States Agency for International Development; (xix) the Administrative Conference of the United States; (xx) the National Science Foundation; (xxi) the United States Digital Service; (xxii) the Domestic Policy Council; (xxiii) the Office of the Vice President; and (xxiv) such other executive departments, agencies, and offices as the Co-Chairs may, from time to time, invite to participate. (d) The Co-Chairs shall invite the participation of the Bureau of Consumer Financial Protection, the Federal Communications Commission, the Federal Trade Commission, the Legal Services Corporation, and the Social Security Administration, to the extent consistent with their respective statutory authorities and legal obligations. (e) The LAIR shall report annually to the President on its progress in fulfilling its mission. The report shall include data from participating members on the deployment of Federal resources to foster this mission. The LAIRs 2021 report shall be due no later than 120 days from the date of this memorandum. (f) In light of the mission and function set forth in section 3(b) of this memorandum, LAIR shall focus its first annual report on the impact of the COVID19 pandemic on access to justice in both the criminal and civil legal systems. Moreover, the first convening of LAIR shall, at a minimum, address access-to-justice challenges the pandemic has raised and work towards identifying technological and other solutions that both meet these challenges and fortify the justice systems capacity to serve the public and be inclusive of all communities. (g) The Attorney General shall designate an Executive Director of LAIR who shall, as directed by the Co-Chairs, convene regular meetings of LAIR and supervise its work. The DOJ staff designated to support the Departments access-to-justice function under section 2 of this memorandum shall serve as the staff of LAIR. (h) The DOJ shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative services, funds, facilities, staff, equipment, and other support services as may be necessary for LAIR to carry out its mission. (i) The LAIR shall hold meetings at least three times per year. In the course of its work, LAIR should conduct outreach to Federal, State, local, Tribal, and international officials, technical advisors, and nongovernmental organizations, among others, as necessary to carry out its mission (including public defender organizations and offices and legal aid organizations and providers). (j) The LAIR members are encouraged to provide support, including by detailing personnel, to LAIR. Members of LAIR shall serve without any additional compensation for their work. Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Independent agencies are strongly encouraged to comply with the provisions in this memorandum. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Attorney General is authorized and directed to publish this memorandum in the Federal Register.  J.R. Biden, Jr.  509A. National Security Division (a) There is a National Security Division of the Department of Justice. (b) The National Security Division shall consist of the elements of the Department of Justice (other than the Federal Bureau of Investigation) engaged primarily in support of the intelligence and intelligence-related activities of the United States Government, including the following: (1) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of this title (2) The Office of Intelligence Policy and Review (or any successor organization). (3) The counterterrorism section (or any successor organization). (4) The counterespionage section (or any successor organization). (5) Any other element, component, or office designated by the Attorney General. (Added Pub. L. 109177, title V,  506(b)(1) Mar. 9, 2006 120 Stat. 248  509B. Section to enforce human rights laws (a) Not later than 90 days after the date of the enactment of the Human Rights Enforcement Act of 2009, the Attorney General shall establish a section within the Criminal Division of the Department of Justice with responsibility for the enforcement of laws against suspected participants in serious human rights offenses. (b) The section established under subsection (a) is authorized to (1) take appropriate legal action against individuals suspected of participating in serious human rights offenses; and (2) coordinate any such legal action with the United States Attorney for the relevant jurisdiction. (c) The Attorney General shall, as appropriate, consult with the Secretary of Homeland Security and the Secretary of State. (d) In determining the appropriate legal action to take against individuals who are suspected of committing serious human rights offenses under Federal law, the section shall take into consideration the availability of criminal prosecution under the laws of the United States for such offenses or in a foreign jurisdiction that is prepared to undertake a prosecution for the conduct that forms the basis for such offenses. (e) The term serious human rights offenses includes violations of Federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of child soldiers under sections 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code. (Added Pub. L. 111122,  2(b) Dec. 22, 2009 123 Stat. 3480  Editorial Notes  References in Text The date of the enactment of the Human Rights Enforcement Act of 2009, referred to in subsec. (a), is the date of enactment of Pub. L. 111122 Dec. 22, 2009  510. Delegation of authority  The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   [Uncodified]. 1950 Reorg. Plan No. 2,  2, eff. May 24, 1950 64 Stat. 1261 The words including any function transferred to the Attorney General by the provisions of this reorganization plan are omitted as executed and unnecessary as the words any function of the Attorney General include the functions transferred to the Attorney General by 1950 Reorg. Plan. No. 2. Editorial Notes Prior Provisions A prior section 510, act June 25, 1948, ch. 646 62 Stat. 910 Pub. L. 89554,  8(a) section 550 of this title section 4(c) of Pub. L. 89554  511. Attorney General to advise the President  The Attorney General shall give his advice and opinion on questions of law when required by the President. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 612        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 303 R.S.  354.   Feb. 27, 1877, ch. 69,  1 19 Stat. 241  512. Attorney General to advise heads of executive departments  The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 304 R.S.  356.  513. Attorney General to advise Secretaries of military departments  When a question of law arises in the administration of the Department of the Army, the Department of the Navy, or the Department of the Air Force, the cognizance of which is not given by statute to some other officer from whom the Secretary of the military department concerned may require advice, the Secretary of the military department shall send it to the Attorney General for disposition. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 307 R.S.  357. The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343,  205 61 Stat. 501 Act of July 26, 1947, ch. 343,  207(a) 61 Stat. 502 section 102 of title 5 section 101 of title 10  514. Legal services on pending claims in departments and agencies  When the head of an executive department or agency is of the opinion that the interests of the United States require the service of counsel on the examination of any witness concerning any claim, or on the legal investigation of any claim, pending in the department or agency, he shall notify the Attorney General, giving all facts necessary to enable him to furnish proper professional service in attending the examination or making the investigation, and the Attorney General shall provide for the service. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 48 R.S.  187.  5 U.S.C. 313 R.S.  364. Sections 187 and 364 of the Revised Statutes are combined into one section since they both deal with the same subject matter and are derived from the Act of Feb. 14, 1871, ch. 51,  3 16 Stat. 412 The words executive department are substituted for Department because Department, as used in R.S.  187 and 364, meant executive department. (See R.S.  159.) The word agency is substituted for bureau as it has a more common current acceptance. The word concerning is substituted for touching. Reference to application for a subpena is omitted as R.S.  364 gives the department head the same authority to request aid from the Attorney General whether or not application has been made for a subpena. Section 187 of the Revised Statutes was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343,  201(d) Aug. 10, 1949, ch. 412,  4 63 Stat. 579 5 U.S.C. 1711 Minor changes are made in phraseology to allow for the combining of the two sections.  515. Authority for legal proceedings; commission, oath, and salary for special attorneys (a) The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought. (b) Each attorney specially retained under authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney, and shall take the oath required by law. Foreign counsel employed in special cases are not required to take the oath. The Attorney General shall fix the annual salary of a special assistant or special attorney. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 107273, div. A, title II,  203(b) Nov. 2, 2002 116 Stat. 1775        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large  (a) 5 U.S.C. 310 June 30, 1906, ch. 3935 34 Stat. 816 (b) 5 U.S.C. 315 R.S.  366.   Apr. 17, 1930, ch. 174 46 Stat. 170   June 25, 1948, ch. 646,  3 62 Stat. 985  [Uncodified]. Aug. 5, 1953, ch. 328,  202 67 Stat. 375  [Uncodified]. July 2, 1954, ch. 456,  202 68 Stat. 421 In subsection (a), the words or counselor are omitted as redundant. The words United States attorneys are substituted for district attorneys on authority of the Act of June 25, 1948, ch. 646,  1 62 Stat. 909 Editorial Notes Amendments 2002Subsec. (b). Pub. L. 107273 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges substituted for magistrates in subsec. (a) pursuant to section 321 of Pub. L. 101650 section 631 of this title  516. Conduct of litigation reserved to Department of Justice  Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 306 R.S.  361.   Sept. 3, 1954, ch. 1263,  11 68 Stat. 1229 The section is revised to express the effect of the law. As agency heads have long employed, with the approval of Congress, attorneys to advise them in the conduct of their official duties, the first 56 words of R.S.  361 and of former section 306 of title 5 The section concentrates the authority for the conduct of litigation in the Department of Justice. The words Except as otherwise authorized by law, are added to provide for existing and future exceptions (e.g., section 1037 of title 10 So much as prohibits the employment of counsel, other than in the Department of Justice, to conduct litigation is omitted as covered by R.S.  365, which is codified in section 3106 of title 5  517. Interests of United States in pending suits  The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 316 R.S.  367.  518. Conduct and argument of cases (a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall conduct and argue suits and appeals in the Supreme Court and suits in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit and in the Court of International Trade in which the United States is interested. (b) When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 613 Pub. L. 96417, title V,  503 Oct. 10, 1980 94 Stat. 1743 Pub. L. 97164, title I,  117 Apr. 2, 1982 96 Stat. 32 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 309 R.S.  359. The words and writs of error are omitted on authority of the Act of Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572 1982Subsec. (a). Pub. L. 97164 1980Subsec. (a). Pub. L. 96417 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title  519. Supervision of litigation  Except as otherwise authorized by law, the Attorney General shall supervise all litigation to which the United States, an agency, or officer thereof is a party, and shall direct all United States attorneys, assistant United States attorneys, and special attorneys appointed under section 543 of this title (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 614        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 507(b) [None]. The words Except as otherwise authorized by law, are added to provide for existing and future exceptions (e.g., section 1037 of title 10 The words or officer are added for clarity and to align this section with section 516 which is of similar import. The words special attorneys appointed under section 543 are substituted for attorneys appointed under section 543 to reflect the revision of this title. Statutory Notes and Related Subsidiaries Intelligence and National Security Aspects of Espionage Prosecutions Pub. L. 108177, title III,  341(b) Dec. 13, 2003 117 Stat. 2616 Pub. L. 108458, title I,  1071(g)(3)(A)(v) Dec. 17, 2004 118 Stat. 3692 Pub. L. 109177, title V,  506(a)(9) Mar. 9, 2006 120 Stat. 248 Pub. L. 11531, div. N, title IV,  401(g) May 5, 2017 131 Stat. 819 The Attorney General, acting through the Assistant Attorney General for National Security, and in consultation with the Director of National Intelligence, acting through the National Counterintelligence and Security Center, shall establish policies and procedures to assist the Attorney General in the consideration of intelligence and national security-related equities in the development of charging documents and related pleadings in espionage prosecutions. Use of Annuity Brokers in Structured Settlements Pub. L. 107273, div. C, title I,  11015 Nov. 2, 2002 116 Stat. 1824  (a)  Establishment and Transmission of List of Approved Annuity Brokers Not later than 6 months after the date of enactment of this Act [ Nov. 2, 2002 (b)  Authority To Select Annuity Broker for Structured Settlements In any structured settlement that is not negotiated exclusively through the Civil Division of the Department of Justice, the United States Attorney (or his designee) involved in any settlement negotiations shall have the exclusive authority to select an annuity broker from the list of such brokers established by the Attorney General, provided that all documents related to any settlement comply with Department of Justice requirements. Case Management Information and Tracking Systems for Federal Judicial Districts and Divisions of Department; Preparation, Submission, Etc., of Plan Pub. L. 96132,  11 Nov. 30, 1979 93 Stat. 1047 Apr. 15, 1980 Report to Congress Regarding Provisions of Law Considered Unconstitutional by the Department of Justice; Declaration of Such Position Pub. L. 96132,  21 Nov. 30, 1979 93 Stat. 1049 Sept. 30, 1980 Similar provisions were contained in Pub. L. 95624,  13 Nov. 9, 1978 92 Stat. 3464 Study and Report to Congress on Extent to Which Violations of Federal Criminal Laws Are Not Prosecuted Pub. L. 95624,  17 Nov. 9, 1978 92 Stat. 3465 Oct. 1, 1979 Executive Documents  Executive Order No. 12778 Ex. Ord. No. 12778, Oct. 23, 1991 Feb. 5, 1996  Ex. Ord. No. 12988. Civil Justice Reform Ex. Ord. No. 12988, Feb. 5, 1996 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section Guidelines to Promote Just and Efficient Government Civil Litigation (a) Pre-filing Notice of a Complaint (b) Settlement Conferences (c) Alternative Methods of Resolving the Dispute in Litigation (1) Whenever feasible, claims should be resolved through informal discussions, negotiations, and settlements rather than through utilization of any formal court proceeding. Where the benefits of Alternative Dispute Resolution (ADR) may be derived, and after consultation with the agency referring the matter, litigation counsel should suggest the use of an appropriate ADR technique to the parties. (2) It is appropriate to use ADR techniques or processes to resolve claims of or against the United States or its agencies, after litigation counsel determines that the use of a particular technique is warranted in the context of a particular claim or claims, and that such use will materially contribute to the prompt, fair, and efficient resolution of the claims. (3) To facilitate broader and effective use of informal and formal ADR methods, litigation counsel should be trained in ADR techniques. (d) Discovery (1) Review of Proposed Document Requests (2) Discovery Motions (e) Sanctions (1) Litigation counsel shall evaluate filings made by opposing parties and, where appropriate, shall petition the court to impose sanctions against those responsible for abusive practices. (2) Prior to filing a motion for sanctions, litigation counsel shall submit the motion for review to the sanctions officer, or his or her designee, within the litigation counsels agency. Such officer or designee shall be a senior supervising attorney within the agency, and shall be licensed to practice law before a State court, courts of the District of Columbia, or courts of any territory or Commonwealth of the United States. The sanctions officer or designee shall also review motions for sanctions that are filed against litigation counsel, the United States, its agencies, or its officers. (f) Improved Use of Litigation Resources (1) making reasonable efforts to negotiate with other parties about, and stipulate to, facts that are not in dispute; (2) reviewing and revising pleadings and other filings to ensure that they are accurate and that they reflect a narrowing of issues, if any, that has resulted from discovery; (3) requesting early trial dates where practicable; (4) moving for summary judgment in every case where the movant would be likely to prevail, or where the motion is likely to narrow the issues to be tried; and (5) reviewing and revising pleadings and other filings to ensure that unmeritorious threshold defenses and jurisdictional arguments, resulting in unnecessary delay, are not raised. Sec Government Pro Bono and Volunteer Service Sec Principles to Enact Legislation and Promulgate Regulations Which Do Not Unduly Burden the Federal Court System. (a) General Duty to Review Legislation and Regulations 5 U.S.C. 601 (1) The agencys proposed legislation and regulations shall be reviewed by the agency to eliminate drafting errors and ambiguity; (2) The agencys proposed legislation and regulations shall be written to minimize litigation; and (3) The agencys proposed legislation and regulations shall provide a clear legal standard for affected conduct rather than a general standard, and shall promote simplification and burden reduction. (b) Specific Issues for Review (1) that the legislation, as appropriate (A) specifies whether all causes of action arising under the law are subject to statutes of limitations; (B) specifies in clear language the preemptive effect, if any, to be given to the law; (C) specifies in clear language the effect on existing Federal law, if any, including all provisions repealed, circumscribed, displaced, impaired, or modified; (D) provides a clear legal standard for affected conduct; (E) specifies whether private arbitration and other forms of private dispute resolution are appropriate under enforcement and relief provisions; subject to constitutional requirements; (F) specifies whether the provisions of the law are severable if one or more of them is found to be unconstitutional; (G) specifies in clear language the retroactive effect, if any, to be given to the law; (H) specifies in clear language the applicable burdens of proof; (I) specifies in clear language whether it grants private parties a right to sue and, if so, the relief available and the conditions and terms for authorized awards of attorneys fees, if any; (J) specifies whether State courts have jurisdiction under the law and, if so, whether and under what conditions an action would be removable to Federal court; (K) specifies whether administrative proceedings are to be required before parties may file suit in court and, if so, describes those proceedings and requires the exhaustion of administrative remedies; (L) sets forth the standards governing the assertion of personal jurisdiction, if any; (M) defines key statutory terms, either explicitly or by reference to other statutes that explicitly define those terms; (N) specifies whether the legislation applies to the Federal Government or its agencies; (O) specifies whether the legislation applies to States, territories, the District of Columbia, and the Commonwealths of Puerto Rico and of the Northern Mariana Islands; (P) specifies what remedies are available such as money damages, civil penalties, injunctive relief, and attorneys fees; and (Q) addresses other important issues affecting clarity and general draftsmanship of legislation set forth by the Attorney General, with the concurrence of the Director of the Office of Management and Budget (OMB) and after consultation with affected agencies, that are determined to be in accordance with the purposes of this order. (2) that the regulation, as appropriate (A) specifies in clear language the preemptive effect, if any, to be given to the regulation; (B) specifies in clear language the effect on existing Federal law or regulation, if any, including all provisions repealed, circumscribed, displaced, impaired, or modified; (C) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (D) specifies in clear language the retroactive effect, if any, to be given to the regulation; (E) specifies whether administrative proceedings are to be required before parties may file suit in court and, if so, describes those proceedings and requires the exhaustion of administrative remedies; (F) defines key terms, either explicitly or by reference to other regulations or statutes that explicitly define those items; and (G) addresses other important issues affecting clarity and general draftsmanship of regulations set forth by the Attorney General, with the concurrence of the Director of OMB and after consultation with affected agencies, that are determined to be in accordance with the purposes of this order. (c) Agency Review Sec Principles to Promote Just and Efficient Administrative Adjudications. (a) Implementation of Administrative Conference Recommendations (b) Improvements in Administrative Adjudication (c) Bias (d) Public Education Sec Coordination by the Department of Justice. (a) The Attorney General shall coordinate efforts by Federal agencies to implement sections 1, 2 and 4 of this order. (b) To implement the principles and purposes announced by this order, the Attorney General is authorized to issue guidelines implementing sections 1 and 4 of this order for the Department of Justice. Such guidelines shall serve as models for internal guidelines that may be issued by other agencies pursuant to this order. Sec Definitions (a) The term agency shall be defined as that term is defined in section 105 of title 5 (b) The term litigation counsel shall be defined as the trial counsel or the office in which such trial counsel is employed, such as the United States Attorneys Office for the district in which the litigation is pending or a litigating division of the Department of Justice. Special Assistant United States Attorneys are included within this definition. Those agencies authorized by law to represent themselves in court without assistance from the Department of Justice are also included in this definition, as are private counsel hired by any Federal agency to conduct litigation on behalf of the agency or the United States. Sec No Private Rights Created Sec Scope. (a) No Applicability to Criminal Matters or Proceedings in Foreign Courts (b) Application of Notice Provision (c) Additional Guidance as to Scope Sec Conflicts with Other Rules Sec Privileged Information Sec Effective Date Sec Revocation  William J. Clinton.  520. Transmission of petitions in United States Court of Federal Claims or in United States Court of Appeals for the Federal Circuit; statement furnished by departments (a) In suits against the United States in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit founded on a contract, agreement, or transaction with an executive department or military department, or a bureau, officer, or agent thereof, or when the matter or thing on which the claim is based has been passed on and decided by an executive department, military department, bureau, or officer authorized to adjust it, the Attorney General shall send to the department, bureau, or officer a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department, bureau, or officer. (b) Within a reasonable time after receipt of the request from the Attorney General, the executive department, military department, bureau, or officer shall furnish the Attorney General with a written statement of all facts, information, and proofs. The statement shall contain a reference to or description of all official documents and papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be secured. If the claim has been passed on and decided by the department, bureau, or officer, the statement shall briefly state the reasons and principles on which the decision was based. When the decision was founded on an Act of Congress it shall be cited specifically, and if any previous interpretation or construction has been given to the Act, section, or clause by the department, bureau, or officer, it shall be set forth briefly in the statement and a copy of the opinion filed, if any, attached to it. When a decision in the case has been based on a regulation of a department or when a regulation has, in the opinion of the department, bureau, or officer sending the statement, any bearing on the claim, it shall be distinctly quoted at length in the statement. When more than one case or class of cases is pending, the defense of which rests on the same facts, circumstances, and proofs, the department, bureau, or officer may certify and send one statement and it shall be held to apply to all cases as if made out, certified, and sent in each case respectively. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 614 Pub. L. 97164, title I,  118(a) Apr. 2, 1982 96 Stat. 32 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 91 R.S.  188. The section is reorganized and restated for clarity. In subsection (a), the word concerning is substituted for touching. In subsection (b), the words without delay are omitted as unnecessary in view of the requirement that the statement be furnished Within a reasonable time. The word briefly is substituted for succinctly. The words in suit are omitted as unnecessary. The words executive department are substituted for department because department as used in R.S.  188 meant executive department. (See R.S.  159.) The words military department are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 ( 63 Stat. 578 63 Stat. 591 section 301 of title 5 Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164,  118(a)(2) Subsec. (a). Pub. L. 97164,  118(a)(1) Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  521. Publication and distribution of opinions The Attorney General, from time to time (1) shall cause to be edited, and printed in the Government Publishing Office, such of his opinions as he considers valuable for preservation in volumes; and (2) may prescribe the manner for the distribution of the volumes. Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 614 Pub. L. 113235, div. H, title I,  1301(b) Dec. 16, 2014 128 Stat. 2537        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 305 R.S.  383 (1st sentence, as applicable to the Attorney General; 2d and 3d sentences). Section 188 of the Revised Statutes was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343,  201(d) Aug. 10, 1949, ch. 412,  4 63 Stat. 579 5 U.S.C. 1711 The words his opinions are substituted for the opinions of the law officers herein authorized to be given as the opinions of the Attorney General are his and only his and the reference to other law officers is misleading. All functions of all other officers of the Department of Justice were transferred to the Attorney General by 1950 Reorg. Plan No. 2,  1, eff. May 14, 1950 64 Stat. 1261 In the last sentence, the words proper and complete and full are omitted as unnecessary. Statutory Notes and Related Subsidiaries  Change of Name Government Publishing Office substituted for Government Printing Office in par. (1) on authority of section 1301(b) of Pub. L. 113235 section 301 of Title 44 Review for Official Publication of Opinions of the Office of Legal Counsel of the Department of Justice Concerning Intelligence Activities Pub. L. 113126, title III,  322 July 7, 2014 128 Stat. 1400  (a)  Process for Review for Official Publication Not later than 180 days after the date of the enactment of this Act [ July 7, 2014 (b)  Factors The process of review of opinions established under subsection (a) shall include consideration of the following: (1) The potential importance of an opinion to other agencies or officials in the Executive branch. (2) The likelihood that similar questions addressed in an opinion may arise in the future. (3) The historical importance of an opinion or the context in which it arose. (4) The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel. (5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate. (c)  Presumption The process of review established under subsection (a) shall apply a presumption that significant opinions of the Office of Legal Counsel should be published when practicable, consistent with national security and other confidentiality considerations. (d)  Construction Nothing in this section shall require the official publication of any opinion of the Office of Legal Counsel, including publication under any circumstance as follows: (1) When publication would reveal classified or other sensitive information relating to national security. (2) When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law. (3) When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege. (e)  Requirement To Provide Classified Opinions to Congress. (1)  In general Any opinion of the Office of Legal Counsel that would have been selected for publication under the process of review established under subsection (a) but for the fact that publication would reveal classified or other sensitive information relating to national security shall be provided or made available to the appropriate committees of Congress. (2)  Exception for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(c)(2) (f)  Judicial Review The determination whether an opinion of the Office of Legal Counsel is appropriate for official publication under the process of review established under subsection (a) is discretionary and is not subject to judicial review. [For definition of intelligence community as used in section 322 of Pub. L. 113126 section 2 of Pub. L. 113126 section 3003 of Title 50  522. Report of business and statistics (a) The Attorney General, by April 1 of each year, shall report to Congress on the business of the Department of Justice for the last preceding fiscal year, and on any other matters pertaining to the Department that he considers proper, including (1) a statement of the several appropriations which are placed under the control of the Department and the amount appropriated; (2) the statistics of crime under the laws of the United States; and (3) a statement of the number of causes involving the United States, civil and criminal, pending during the preceding year in each of the several courts of the United States. (b) With respect to any data, records, or other information acquired, collected, classified, preserved, or published by the Attorney General for any statistical, research, or other aggregate reporting purpose beginning not later than 1 year after the date of enactment of 1 1 (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 615 Pub. L. 94273,  19 Apr. 21, 1976 90 Stat. 379 Pub. L. 107273, div. A, title II,  204(b) Nov. 2, 2002 116 Stat. 1776        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 333 R.S.  384. The words The Attorney General . . . shall report are substituted for It shall be the duty of the Attorney General to make . . . a report. The word beginning is substituted for commencement. The words pertaining to the Department that he considers proper are substituted for appertaining thereto that he may deem proper. The words and a detailed statement of the amounts used for defraying the expenses of the United States courts in each judicial district are omitted as obsolete in view of the creation of the Administrative Office of the United States Courts by the Act of Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 In paragraph (3), the words involving the United States are inserted for clarity. The function of reporting on all cases pending in the United States courts is now vested in the Administrative Office of the United States Courts, see 28 U.S.C. 604 Editorial Notes  References in Text The date of enactment of 21st Century Department of Justice Appropriations Authorization Act, referred to in subsec. (b), is the date of enactment of Pub. L. 107273 Nov. 2, 2002 Amendments 2002 Pub. L. 107273 1976 Pub. L. 94273 Statutory Notes and Related Subsidiaries Report to Congress on Banking Law Offenses Pub. L. 101647, title XXV,  2546 Nov. 29, 1990 104 Stat. 4885 Dec. 31, 1991 section 41306 of Title 34 Congressional Oversight Pub. L. 100700,  6 Nov. 19, 1988 102 Stat. 4634 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Report to Congress on Robberies and Burglaries Involving Controlled Substances Pub. L. 98305,  4 May 31, 1984 98 Stat. 222 May 31, 1984 section 2118 of Title 18 Report to Congress on Sexual Exploitation of Children Pub. L. 98292,  9 May 21, 1984 98 Stat. 206 section 41301 of Title 34  523. Requisitions  The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the Government Accountability Office. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 615 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 319 R.S.  369. The words General Accounting Office are substituted for First Auditor or First Comptroller of the Treasury on authority of the Act of June 10, 1921, ch. 18,  304 42 Stat. 24 Editorial Notes Amendments 2004 Pub. L. 108271  524. Availability of appropriations (a) Appropriations for the Department of Justice are available to the Attorney General for payment of (1) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration; and (2) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. (b) Except as provided in subsection (a) of this section, a claim of not more than $500 for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment. (c) (1) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund (hereafter in this subsection referred to as the Fund) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes (A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including (i) payments for (I) contract services; (II) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and (III) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause; (ii) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures; (iii) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture; and (iv) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for (I) the purchase or lease of automatic data processing systems (not less than a majority of which use will be related to such program); (II) training; (III) printing; (IV) the storage, protection, and destruction of controlled substances; and (V) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures; (B) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of chapter 77 of title 18, chapter 110 of title 18, sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986; (C) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund; (D) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary; (E) (i) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice; and (ii) for payment for (I) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (II) costs incurred by or on behalf of a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government in such case; (F) (i) for equipping for law enforcement functions of any Government-owned or leased vessel, vehicle, or aircraft available for official use by any Federal agency participating in the Fund; (ii) for equipping any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist law enforcement functions if the vessel, vehicle, or aircraft will be used in a joint law enforcement operation with a Federal agency participating in the Fund; and (iii) payments for other equipment directly related to seizure or forfeiture, including laboratory equipment, protective equipment, communications equipment, and the operation and maintenance costs of such equipment; (G) for purchase of evidence of any violation of the Controlled Substances Act, the Controlled Substances Import and Export Act, chapter 96 of title 18, or sections 1956 and 1957 of title 18; (H) the payment of State and local property taxes on forfeited real property that accrued between the date of the violation giving rise to the forfeiture and the date of the forfeiture order; (I) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State or local law enforcement officers that are incurred in a joint law enforcement operation with a Federal law enforcement agency participating in the Fund; and (J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that (i) annually waive their qualification for (I) awards for information leading to forfeiture under subparagraph (C); and (II) receiving payment from equitably shared forfeiture funds; and (ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking. Amounts for paying the expenses authorized by subparagraphs (B), (F), and (G) shall be specified in appropriations Acts and may be used under authorities available to the organization receiving the funds. Amounts for other authorized expenditures and payments from the Fund, including equitable sharing payments, are not required to be specified in appropriations acts. The Attorney General may exempt the procurement of contract services under subparagraph (A) under the Fund from division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) to (d) of title 41, and other provisions of law as may be necessary to maintain the security and confidentiality of related criminal investigations. (2) Any award paid from the Fund, as provided in paragraph (1)(B) or (C), shall be paid at the discretion of the Attorney General or his delegate, under existing departmental delegation policies for the payment of awards, except that the authority to pay an award of $250,000 or more shall not be delegated to any person other than the Deputy Attorney General, the Associate Attorney General, the Director of the Federal Bureau of Investigation, or the Administrator of the Drug Enforcement Administration. Any award pursuant to paragraph (1)(B) shall not exceed $500,000. Any award pursuant to paragraph (1)(C) shall not exceed the lesser of $500,000 or one-fourth of the amount realized by the United States from the property forfeited, without both the personal approval of the Attorney General and written notice within 30 days thereof to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives. (3) Any amount under subparagraph (G) of paragraph (1) shall be paid at the discretion of the Attorney General or his delegate, except that the authority to pay $100,000 or more may be delegated only to the respective head of the agency involved. (4) There shall be deposited in the Fund (A) all amounts from the forfeiture of property under any law enforced or administered by the Department of Justice, except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered Species Act ( 16 U.S.C. 1540(d) 16 U.S.C. 3375(d) 39 U.S.C. 2003(b)(7) (B) all amounts representing the Federal equitable share from the forfeiture of property under any Federal, State, local or foreign law, for any Federal agency participating in the Fund; (C) all amounts transferred by the Secretary of the Treasury pursuant to section 9705(g)(4)(A) of title 31 (D) all amounts collected (i) by the United States pursuant to a reimbursement order under paragraph (2) of section 413(q) of the Controlled Substances Act ( 21 U.S.C. 853(q) (ii) pursuant to a restitution order under paragraph (1) or (3) of section 413(q) of the Controlled Substances Act for injuries to the United States. (5) Amounts in the Fund, and in any holding accounts associated with the Fund, that are not currently needed for the purpose of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States and all earnings on such investments shall be deposited in the Fund. (6) (A) The Attorney General shall transmit to Congress and make available to the public, not later than 4 months after the end of each fiscal year, detailed reports for the prior fiscal year as follows: (i) A report on total deposits to the Fund by State of deposit. (ii) A report on total expenses paid from the Fund, by category of expense and recipient agency, including equitable sharing payments. (iii) A report describing the number, value, and types of properties placed into official use by Federal agencies, by recipient agency. (iv) A report describing the number, value, and types of properties transferred to State and local law enforcement agencies, by recipient agency. (v) A report, by type of disposition, describing the number, value, and types of forfeited property disposed of during the year. (vi) A report on the year-end inventory of property under seizure, but not yet forfeited, that reflects the type of property, its estimated value, and the estimated value of liens and mortgages outstanding on the property. (vii) A report listing each property in the year-end inventory, not yet forfeited, with an outstanding equity of not less than $1,000,000. (B) The Attorney General shall transmit to Congress and make available to the public, not later than 2 months after final issuance, the audited financial statements for each fiscal year for the Fund. (C) Reports under subparagraph (A) shall include information with respect to all forfeitures under any law enforced or administered by the Department of Justice. (D) The transmittal and publication requirements in subparagraphs (A) and (B) may be satisfied by (i) posting the reports on an Internet website maintained by the Department of Justice for a period of not less than 2 years; and (ii) notifying the Committees on the Judiciary of the House of Representatives and the Senate when the reports are available electronically. (7) The provisions of this subsection relating to deposits in the Fund shall apply to all property in the custody of the Department of Justice on or after the effective date of the Comprehensive Forfeiture Act of 1983. (8) (A) There are authorized to be appropriated such sums as necessary for the purposes described in subparagraphs (B), (F), and (G) of paragraph (1). (B) Subject to subparagraphs (C) and (D), at the end of each of fiscal years 1994, 1995, and 1996, the Attorney General shall transfer from the Fund not more than $100,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988. 1 1 (C) Transfers under subparagraph (B) may be made only from the excess unobligated balance and may not exceed one-half of the excess unobligated balance for any year. In addition, transfers under subparagraph (B) may be made only to the extent that the sum of the transfers in a fiscal year and one-half of the unobligated balance at the beginning of that fiscal year for the Special Forfeiture Fund does not exceed $100,000,000. (D) For the purpose of determining amounts available for distribution at year end for any fiscal year, excess unobligated balance means the unobligated balance of the Fund generated by that fiscal years operations, less any amounts that are required to be retained in the Fund to ensure the availability of amounts in the subsequent fiscal year for purposes authorized under paragraph (1). (E) Subject to the notification procedures contained in section 605 of Public Law 103121 September 30, 1997 (9) (A) Following the completion of procedures for the forfeiture of property pursuant to any law enforced or administered by the Department, the Attorney General is authorized, in her discretion, to warrant clear title to any subsequent purchaser or transferee of such property. (B) For fiscal years 2002 and 2003, the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, real or personal property of limited or marginal value, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs. Each such transfer shall be subject to satisfaction by the recipient involved of any outstanding lien against the property transferred, but no such transfer shall create or confer any private right of action in any person against the United States. (10) The Attorney General shall transfer from the Fund to the Secretary of the Treasury for deposit in the Department of the Treasury Forfeiture Fund amounts appropriate to reflect the degree of participation of the Department of the Treasury law enforcement organizations (described in section 9705( o (11) For purposes of this subsection and notwithstanding section 9705 of title 31 (A) a judicial forfeiture proceeding when the underlying seizure was made by an officer of a Federal law enforcement agency participating in the Department of Justice Assets Forfeiture Fund or the property was maintained by the United States Marshals Service; or (B) a civil administrative forfeiture proceeding conducted by a Department of Justice law enforcement component or pursuant to the authority of the Secretary of Commerce. (d) (1) The Attorney General may accept, hold, administer, and use gifts, devises, and bequests of any property or services for the purpose of aiding or facilitating the work of the Department of Justice. (2) Gifts, devises, and bequests of money, the proceeds of sale or liquidation of any other property accepted hereunder, and any income accruing from any property accepted hereunder (A) shall be deposited in the Treasury in a separate fund and held in trust by the Secretary of the Treasury for the benefit of the Department of Justice; and (B) are hereby appropriated, without fiscal year limitation, and shall be disbursed on order of the Attorney General. (3) Upon request of the Attorney General, the Secretary of the Treasury may invest and reinvest the fund described herein in public debt securities with maturities suitable for the needs of the fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States or comparable maturities. (4) Evidences of any intangible personal property (other than money) accepted hereunder shall be deposited with the Secretary of the Treasury, who may hold or liquidate them, except that they shall be liquidated upon the request of the Attorney General. (5) For purposes of federal 2 2 (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 615 Pub. L. 97258,  2(g)(1)(B) Sept. 13, 1982 96 Stat. 1060 Pub. L. 98473, title II Oct. 12, 1984 98 Stat. 2052 Pub. L. 99570, title I,  1152(a) Oct. 27, 1986 100 Stat. 320712 Pub. L. 99646,  27 Nov. 10, 1986 100 Stat. 3597 Pub. L. 100202,  101(a) [title II,  210(a)] Dec. 22, 1987 101 Stat. 1329 Pub. L. 100690, title VI,  6072 Nov. 18, 1988 102 Stat. 4320 Pub. L. 101509, title III,  1 Nov. 5, 1990 104 Stat. 1403 Pub. L. 101647, title XVI,  1601 Nov. 29, 1990 104 Stat. 4842 Pub. L. 10227, title II,  101 Apr. 10, 1991 105 Stat. 135 Pub. L. 102140, title I,  112 Oct. 28, 1991 105 Stat. 795 Pub. L. 102393, title VI,  638(f) Oct. 6, 1992 106 Stat. 1788 Pub. L. 102395, title I,  114(b) Oct. 6, 1992 106 Stat. 1845 Pub. L. 102550, title XV,  1529 Oct. 28, 1992 106 Stat. 4065 Pub. L. 103121, title I,  109 Oct. 27, 1993 107 Stat. 1164 Pub. L. 103317, title I,  110 Aug. 26, 1994 108 Stat. 1735 Pub. L. 103322, title IX,  90205(b) Sept. 13, 1994 108 Stat. 1994 Pub. L. 10466, title I,  1091(h) Dec. 21, 1995 109 Stat. 722 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 11 Pub. L. 10499, title II,  211 Jan. 26, 1996 110 Stat. 37 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 104208, div. A, title I,  101(a) [title I,  108, 114, 116, 117] Sept. 30, 1996 110 Stat. 3009 Pub. L. 105119, title I Nov. 26, 1997 111 Stat. 2457 Pub. L. 105272, title VI,  605 Oct. 20, 1998 112 Stat. 2413 Pub. L. 106185,  19 Apr. 25, 2000 114 Stat. 223 Pub. L. 106310, div. B, title XXXVI Oct. 17, 2000 114 Stat. 1230 Pub. L. 107273, div. A, title II,  204(a) Nov. 2, 2002 116 Stat. 1775 Pub. L. 111350,  5(g)(1) Jan. 4, 2011 124 Stat. 3848 Pub. L. 11422, title I,  105(b) May 29, 2015 129 Stat. 237 Pub. L. 115392,  4(a) Dec. 21, 2018 132 Stat. 5251 Pub. L. 117347, title IV,  403 Jan. 5, 2023 136 Stat. 6208        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 341 July 28, 1950, ch. 503,  1 64 Stat. 380 The words now or hereafter are omitted as unnecessary. The words Assistant Attorney General for Administration are substituted for his administrative assistant to make the statute more specific and to reflect the current title of the position, see  307 of the Act of Aug. 14, 1964 Pub. L. 88426 78 Stat. 432       1982 Act  Revised Section Source (U.S. Code) Source (Statutes at Large)  28:524(b) 31:693a. Oct. 10, 1949, ch. 662,  101 63 Stat. 746 The words After October 10, 1949 Editorial Notes  References in Text Section 6050I of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), is classified to section 6050I of Title 26 The Controlled Substances Act, referred to in subsec. (c)(1)(G), is title II of Pub. L. 91513 Oct. 27, 1970 84 Stat. 1242 section 801 of Title 21 The Controlled Substances Import and Export Act, referred to in subsec. (c)(1)(G), is title III of Pub. L. 91513 Oct. 27, 1970 84 Stat. 1285 section 951 of Title 21 The effective date of the Comprehensive Forfeiture Act of 1983, referred to in subsec. (c)(7), probably means the date of enactment of the Comprehensive Forfeiture Act of 1984, chapter III ( 301 to 323) of title II of Pub. L. 98473 Oct. 12, 1984 Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in subsec. (c)(8)(B), was classified to section 1509 of Title 21 Pub. L. 109469, title XI,  1101(b) Dec. 29, 2006 120 Stat. 3539 Section 605 of Public Law 103121 section 605 of Pub. L. 103121 Oct. 27, 1993 107 Stat. 1194 Codification Amendment by Pub. L. 10491 Dec. 6, 1995 Pub. L. 10491 Amendments 2023Subsec. (c)(1)(J). Pub. L. 117347 2018Subsec. (c)(1)(B). Pub. L. 115392 2015Subsec. (c)(1)(B). Pub. L. 11422,  105(b) Subsec. (c)(4)(C). Pub. L. 11422,  105(c)(2)(A)(i)(I) Subsec. (c)(10). Pub. L. 11422,  105(c)(2)(A)(i)(II) o Subsec. (c)(11). Pub. L. 11422,  105(c)(2)(A)(i)(III) 2011Subsec. (c)(1). Pub. L. 111350 41 U.S.C. 5 41 U.S.C. 251 2002Subsec. (a). Pub. L. 107273,  204(a)(1) Subsec. (c)(1). Pub. L. 107273,  204(a)(2)(C) Subsec. (c)(1)(I). Pub. L. 107273,  204(a)(2)(B) Pub. L. 107273,  204(a)(2)(A) Subsec. (c)(2). Pub. L. 107273,  204(a)(3) Subsec. (c)(3). Pub. L. 107273,  204(a)(4) Subsec. (c)(5). Pub. L. 107273,  204(a)(5) Subsec. (c)(8)(A). Pub. L. 107273,  204(a)(6) Subsec. (c)(9)(B). Pub. L. 107273,  204(a)(7) 2000Subsec. (c)(1)(E). Pub. L. 106310,  3621(a) Subsec. (c)(4)(D). Pub. L. 106310,  3613(b) Subsec. (c)(6). Pub. L. 106185 1998Subsec. (d)(1). Pub. L. 105272 1997Subsec. (c)(8)(B). Pub. L. 105119,  124 Subsec. (c)(8)(E). Pub. L. 105119,  108 Subsec. (c)(11)(B). Pub. L. 105119,  211(b) 1996Subsec. (c)(1). Pub. L. 104208,  101(a) [title I,  114(a)] Subsec. (c)(8)(A). Pub. L. 104208,  101(a) [title I,  114(b)] Subsec. (c)(8)(E). Pub. L. 104208,  101(a) [title I,  108] September 30, 1996 September 30, 1995 Pub. L. 104134 Pub. L. 103317 section 605 of Public Law 103121 September 30, 1994 Pub. L. 10491 Pub. L. 10499 Sept. 30, 1995 Pub. L. 10466 Subsec. (c)(9). Pub. L. 104208,  101(a) [title I,  117] Subsec. (d). Pub. L. 104208,  101(a) [title I,  116] 1995Subsec. (c)(7) to (12). Pub. L. 10466 (7)(A) The Fund shall be subject to annual audit by the Comptroller General. (B) The Attorney General shall require that any State or local law enforcement agency receiving funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense and report the results of the audit to the Attorney General. 1994Subsec. (c)(1)(H), (I). Pub. L. 103322,  320913(a) Subsec. (c)(6)(B). Pub. L. 103322,  320302(1) Subsec. (c)(6)(C). Pub. L. 103322,  320302(2) Pub. L. 103322,  320301(b) Subsec. (c)(6)(D). Pub. L. 103322,  320302(3) Subsec. (c)(7). Pub. L. 103322,  320301(a) Subsec. (c)(9)(B) to (D). Pub. L. 103322,  90205(b) (B) Subject to subparagraph (C), in each of fiscal years 1990, 1991, 1992, and 1993, the Attorney General may transfer from the Fund not more than $150,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988. Such transfers shall be made at the end of each quarter of the fiscal year involved and on a quarterly pro rata basis. (C) Transfers under subparagraph (B) may be made only from excess unobligated amounts and only to the extent that, as determined by the Attorney General, such transfers will not impair the future availability of amounts for the purposes under paragraph (1). Further, transfers under subsection (B) may be made only to the extent that the sum of the transfers for the current fiscal year and the unobligated balance at the beginning of the current fiscal year for the Special Forfeiture Fund do not exceed $150,000,000. (D) At the end of each of fiscal years 1990, 1991, 1992, and 1993, the Attorney General may retain in the Fund not more than $15,000,000, or, if determined by the Attorney General to be necessary for asset-specific expenses, a greater amount equal to not more than one-tenth of the total of obligations from the Fund in preceding fiscal year. Subsec. (c)(9)(E). Pub. L. 103317 1993Subsec. (c)(9)(E). Pub. L. 103121 section 606 of Public Law 101515 September 30, 1991 1992Subsec. (c)(1). Pub. L. 102393,  638(f)(1)(C) Pub. L. 102395,  114(c) Pub. L. 102393 Pub. L. 102395 Pub. L. 102395,  114(c) Subsec. (c)(1)(A). Pub. L. 102393,  638(f)(1)(A) (i) payments for contract services, the employment of outside contractors to operate and manage properties or provide other specialized services as necessary to dispose of such properties in an effort to maximize the return from such properties, and payments to reimburse any Federal, State, or local agency for any expenditures made to perform the foregoing functions; and (ii) payments made pursuant to regulations promulgated by the Attorney General, that are necessary and direct program-related expenses for the purchase or lease of automatic data processing equipment (not less than a majority of which use will be program related), training, printing, contracting for services directly related to the identification of forfeitable assets processing of and accounting for forfeitures, and the storage, protection, and destruction of controlled substances;. Subsec. (c)(1)(B). Pub. L. 102550 Subsec. (c)(1)(F). Pub. L. 102393,  638(f)(1)(B) Subsec. (c)(1)(H), (I). Pub. L. 102393,  638(f)(1)(C) Subsec. (c)(4). Pub. L. 102393,  638(f)(2) Subsec. (c)(6)(B)(v). Pub. L. 102393,  638(f)(3) Subsec. (c)(9)(A). Pub. L. 102393,  638(f)(4) Subsec. (c)(9)(E). Pub. L. 102395,  114(b) Pub. L. 102393,  638(f)(5) Subsec. (c)(11), (12). Pub. L. 102393,  638(f)(6) (A) any criminal forfeiture proceeding; (B) any civil judicial forfeiture proceeding; or (C) any civil administrative forfeiture proceeding conducted by the Department of Justice, except to the extent that the seizure was effected by a Customs officer or that custody was maintained by the United States Customs Service in which case the provisions of section 613A of the Tariff Act of 1930 ( 19 U.S.C. 1613a 1991Subsec. (c)(1). Pub. L. 102140,  112(1) Subsec. (c)(1)(C). Pub. L. 102140,  112(2) (i) a civil or criminal forfeiture under the Controlled Substances Act or the Controlled Substances Import and Export Act; (ii) a criminal forfeiture under chapter 96 of title 18; (iii) a civil forfeiture under section 981 of title 18 (iv) a criminal forfeiture under section 982 of title 18 Subsec. (c)(1)(F). Pub. L. 102140,  112(3) Subsec. (c)(4). Pub. L. 102140,  112(5) 16 U.S.C. 1540(d) 16 U.S.C. 3375(d) section 2003(b)(7) of title 39 Subsec. (c)(5). Pub. L. 102140,  112(6) Subsec. (c)(9)(C). Pub. L. 102140,  112(7) Subsec. (c)(9)(E). Pub. L. 102140,  112(8)(B) Pub. L. 102140,  112(8)(A) Pub. L. 10227 1990Subsec. (c)(1)(C). Pub. L. 101647,  2005 Pub. L. 101647,  1601 21 U.S.C. 800 18 U.S.C. 1961 21 U.S.C. 800 18 U.S.C. 1961 Subsec. (c)(6). Pub. L. 101647,  2006 Subsec. (c)(9). Pub. L. 101647,  2001(a) Provided Provided further Provided further Pub. L. 101509 Subsec. (c)(10), (11). Pub. L. 101647,  2002 1988Subsec. (c). Pub. L. 100690 1987Subsec. (c)(1)(H). Pub. L. 100202 1986Subsec. (c)(1)(A). Pub. L. 99570,  1152(a)(1)(2) Subsec. (c)(1)(B) to (E). Pub. L. 99570,  1152(a)(1)(3) Subsec. (c)(1)(F). Pub. L. 99646,  27(a) section 1152(a) of Pub. L. 99570 Pub. L. 99570,  1152(a)(1)(3) Subsec. (c)(1)(G). Pub. L. 99570,  1152(a)(1)(3) Subsec. (c)(4). Pub. L. 99570,  1152(a)(1)(5) Pub. L. 99646,  27(b) 16 U.S.C. 1540(d) 16 U.S.C. 3375(d) Subsec. (c)(8), (9). Pub. L. 99570,  1152(a)(1)(6) 1984Subsec. (c). Pub. L. 98473,  310 Subsec. (c)(1)(E), (F). Pub. L. 98473,  2303(a) Subsec. (c)(3) to (9). Pub. L. 98473,  2303(b) 1982 Pub. L. 97258,  2(g)(1)(B) Subsecs. (a), (b). Pub. L. 97258,  2(g)(1)(C) Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106185 Apr. 25, 2000 section 21 of Pub. L. 106185 section 1324 of Title 8 Effective Date of 1994 Amendment Pub. L. 103322, title XXXII,  320913(b) Sept. 13, 1994 108 Stat. 2128 The amendment made by subsection (a) [amending this section] shall apply to all claims pending at the time of or commenced subsequent to the date of enactment of this Act [ Sept. 13, 1994 Transfer of Forfeited Real or Personal Property Pub. L. 108199, div. B, title I,  108 Jan. 23, 2004 118 Stat. 61  (a) Hereafter, the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited or marginal value, as such value is determined by guidelines established by the Attorney General, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs. (b) Any transfer under the preceding proviso [probably should be subsection (a)] shall not create or confer any private right of action in any person against the United States, and shall be treated as a reprogramming under section 605 of this Act [ 118 Stat. 93 Grant Programs; Availability of Funds to Jails With Pay-to-Stay Programs Pub. L. 106553,  1(a)(2) [title I,  117, formerly  118] Dec. 21, 2000 114 Stat. 2762 Pub. L. 106554,  1(a)(4) [div. A,  213(a)(2)] Dec. 21, 2000 114 Stat. 2763 Notwithstanding any other provision of law, for fiscal 2001 and hereafter, with respect to any grant program for which amounts are made available under this title, no grant funds may be made available to any local jail that runs pay-to-stay programs.. Use of Funds Made Available for Removal of Substances Associated With Illegal Manufacture of Amphetamine and Methamphetamine Pub. L. 106310, div. B, title XXXVI,  3621(c)(1) Oct. 17, 2000 114 Stat. 1231 Any amounts made available from the Department of Justice Assets Forfeiture Fund in a fiscal year by reason of the amendment made by subsection (a) [amending this section] shall supplement, and not supplant, any other amounts made available to the Department of Justice in such fiscal year from other sources for payment of costs described in section 524(c)(1)(E)(ii) of title 28 Acquisition of Equipment or Interim Services With Counterterrorism Funds Pub. L. 106113, div. B,  1000(a)(1) [title I,  109] Nov. 29, 1999 113 Stat. 1535 Sections 115 [set out below] and 127 [ 42 U.S.C. 1997e Public Law 105277 Pub. L. 105277, div. A,  101(b) [title I,  115] Oct. 21, 1998 112 Stat. 268150  (a) (1) Notwithstanding any other provision of law, for fiscal year 1999, the Attorney General may obligate any funds appropriated for or reimbursed to the Counterterrorism programs, projects or activities of the Department of Justice to purchase or lease equipment or any related items, or to acquire interim services, without regard to any otherwise applicable Federal acquisition rule, if the Attorney General determines that (A) there is an exigent need for the equipment, related items, or services in order to support an ongoing counterterrorism, national security, or computer-crime investigation or prosecution; (B) the equipment, related items, or services required are not available within the Department of Justice; and (C) adherence to that Federal acquisition rule would (i) delay the timely acquisition of the equipment, related items, or services; and (ii) adversely affect an ongoing counterterrorism, national security, or computer-crime investigation or prosecution. (2) In this subsection, the term Federal acquisition rule means any provision of title II or IX of the Federal Property and Administrative Services Act of 1949 [former 40 U.S.C. 481 section 101 of Title 40 15 U.S.C. 631 (b) The Attorney General shall immediately notify the Committees on Appropriations of the House of Representatives and the Senate in writing of each expenditure under subsection (a), which notification shall include sufficient information to explain the circumstances necessitating the exercise of the authority under that subsection. Grant Programs; Tribe, Indian Tribe, or Tribal Defined Pub. L. 105277, div. A,  101(b) [title I,  113] Oct. 21, 1998 112 Stat. 268150 Pub. L. 10631, title III,  3028 May 21, 1999 113 Stat. 102 Pub. L. 106113, div. B,  1000(a)(1) [title I,  116] Nov. 29, 1999 113 Stat. 1535 Notwithstanding any other provision of law for fiscal year 2000 and hereafter, with respect to any grant program for which amounts are made available under this title, the terms tribe, Indian tribe or tribal mean of or relating to an Indian tribe as that term is defined in section 4(e) of the Indian Self Determination and Education Assistance Act ( Public Law 93638 25 U.S.C. 450b(e) 25 U.S.C. 5304(e) Counterterrorism Fund Pub. L. 10756, title I,  101 Oct. 26, 2001 115 Stat. 276  (a)  Establishment; Availability There is hereby established in the Treasury of the United States a separate fund to be known as the Counterterrorism Fund, amounts in which shall remain available without fiscal year limitation (1) to reimburse any Department of Justice component for any costs incurred in connection with (A) reestablishing the operational capability of an office or facility that has been damaged or destroyed as the result of any domestic or international terrorism incident; (B) providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these activities; and (C) conducting terrorism threat assessments of Federal agencies and their facilities; and (2) to reimburse any department or agency of the Federal Government for any costs incurred in connection with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States. (b)  No Effect on Prior Appropriations Subsection (a) shall not be construed to affect the amount or availability of any appropriation to the Counterterrorism Fund made before the date of the enactment of this Act [ Oct. 26, 2001 Pub. L. 10419, title III July 27, 1995 109 Stat. 249 There is hereby established the Counterterrorism Fund which shall remain available without fiscal year limitation. For necessary expenses, as determined by the Attorney General, $34,220,000, to remain available until expended, is appropriated to the Counterterrorism Fund to reimburse any Department of Justice organization for the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as the result of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City or any domestic or international terrorism event: Provided Provided further Provided further section 605 of Public Law 103317 108 Stat. 1773 Provided further 2 U.S.C. 901(b)(2)(D)(i) Provided further 2 U.S.C. 900 Unauthorized Transfers From Department of Justice Accounts; Control of Allocation of Funds by Authority Other Than Office of Management and Budget or Department of Justice Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 11 Pub. L. 10499, title II,  211 Jan. 26, 1996 110 Stat. 37  Hereafter, notwithstanding any other provision of law (1) No transfers may be made from Department of Justice accounts other than those authorized in this Act [probably means H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in previous or subsequent appropriations Acts for the Department of Justice, or in part II of title 28 of the United States Code, or in section 10601 of title 42 34 U.S.C. 20101 (2) No appropriation account within the Department of Justice shall have its allocation of funds controlled by other than an apportionment issued by the Office of Management and Budget or an allotment advice issued by the Department of Justice. Similar provisions were contained in the following prior appropriation act: Pub. L. 103317, title I,  113 Aug. 26, 1994 108 Stat. 1736 Use of Deposits Transferred From Assets Forfeiture Fund to Buildings and Facilities Account of Federal Prison System Pub. L. 103121, title I,  106 Oct. 27, 1993 107 Stat. 1163 For fiscal year 1994 and thereafter, deposits transferred from the Assets Forfeiture Fund to the Buildings and Facilities account of the Federal Prison System may be used for the construction of correctional institutions, and the construction and renovation of Immigration and Naturalization Service and United States Marshals Service detention facilities, and for the authorized purposes of the Cooperative Agreement Program. [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8 Similar provisions were contained in the following prior appropriation acts: Pub. L. 102395, title I,  107 Oct. 6, 1992 106 Stat. 1841 Pub. L. 102140, title I,  107 Oct. 28, 1991 105 Stat. 794 Pub. L. 101515, title II,  208 Nov. 5, 1990 104 Stat. 2119 Pub. L. 101162, title II Pub. L. 101302, title II May 25, 1990 104 Stat. 216 Notice and Approval of Transfer of Subsection (c)(1)(H) Deposits Pub. L. 100202,  101(a) [title II,  210(b)] Dec. 22, 1987 101 Stat. 1329 Amounts proposed for transfer pursuant to subsection (a) [amending this section] shall be transferred only upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate and approval under said Committees policies concerning the reprogramming of funds.  525. Procurement of law books, reference books, and periodicals; sale and exchange  In the procurement of law books, reference books, and periodicals, the Attorney General may exchange or sell similar items and apply the exchange allowances or proceeds of such sales in whole or in part payment therefor. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 615        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 341e July 28, 1950, ch. 503,  3 64 Stat. 380 The words Attorney General are substituted for Department of Justice.  526. Authority of Attorney General to investigate United States attorneys, marshals, trustees, clerks of court, and others (a) The Attorney General may investigate the official acts, records, and accounts of (1) the United States attorneys, marshals, trustees, including trustees in cases under title 11; and (2) at the request and on behalf of the Director of the Administrative Office of the United States Courts, the clerks of the United States courts and of the district court of the Virgin Islands, probation officers, United States magistrate judges, and court reporters; for which purpose all the official papers, records, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time. (b) Appropriations for the examination of judicial officers are available for carrying out this section. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 615 Pub. L. 95598, title II Nov. 6, 1978 92 Stat. 2662 Pub. L. 99554, title I,  144(c) Oct. 27, 1986 100 Stat. 3096 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 107273, div. B, title IV,  4003(b)(2) Nov. 2, 2002 116 Stat. 1811        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 341b July 28, 1950, ch. 503,  4 64 Stat. 380   July 7, 1958 Pub. L. 85508,  12(q) 72 Stat. 349 In subsection (b), the words now or hereafter and the provisions of are omitted as unnecessary. Editorial Notes Codification Pub. L. 95598, title IV,  408(c) Nov. 6, 1978 92 Stat. 2687 Pub. L. 98166, title II,  200 Nov. 28, 1983 97 Stat. 1081 Pub. L. 98353, title III,  323 July 10, 1984 98 Stat. 358 Pub. L. 99429 Sept. 30, 1986 100 Stat. 985 Pub. L. 99500,  101(b) [title II,  200] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title II,  200] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99554, title III,  307(a) Oct. 27, 1986 100 Stat. 3125 Pub. L. 99554, title III,  307(b) Oct. 27, 1986 100 Stat. 3125 Amendments 2002 Pub. L. 107273,  4003(b)(2)(A) Subsec. (a)(1). Pub. L. 107273,  4003(b)(2)(B) 1986 Pub. L. 99554,  144(c)(1) Subsec. (a)(1). Pub. L. 99554,  144(c)(2)(A) Subsec. (a)(2). Pub. L. 99554,  144(c)(2)(B) 1978 Pub. L. 95598,  219(b) Subsec. (a)(1). Pub. L. 95518,  219(a) Subsec. (a)(2). Pub. L. 95598,  220 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in subsec. (a)(2) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11  527. Establishment of working capital fund  There is hereby authorized to be established a working capital fund for the Department of Justice, which shall be available, without fiscal year limitation, for expenses and equipment necessary for maintenance and operations of such administrative services as the Attorney General, with the approval of the Office of Management and Budget, determines may be performed more advantageously as central services. The capital of the fund shall consist of the amount of the fair and reasonable value of such inventories, equipment, and other assets and inventories on order pertaining to the services to be carried on by the fund as the Attorney General may transfer to the fund less related liabilities and unpaid obligations together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed or credited with advance payments from applicable appropriations and funds of: (1) the Department of Justice, other Federal agencies, and other sources authorized by law for supplies, materials, and services; and (2) federally recognized tribes for supplies, materials, and services related to access to Federal law enforcement databases; at rates which will recover the expenses of operations including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, any net income after making provisions for prior year losses, if any. (Added Pub. L. 93613,  1(1) Jan. 2, 1975 88 Stat. 1975 Pub. L. 116260, div. B, title II,  219 Dec. 27, 2020 134 Stat. 1265  Editorial Notes Amendments 2020 Pub. L. 116260 Statutory Notes and Related Subsidiaries Debt Collection Improvement Pub. L. 11693, div. B, title II,  218 Dec. 20, 2019 133 Stat. 2415 In this fiscal year and each fiscal year thereafter, amounts credited to and made available in the Department of Justice Working Capital Fund as an offsetting collection pursuant to section 11013 of Public Law 107273 Provided 31 U.S.C. 3302 Provided further Provided further Provided further Pub. L. 11693 133 Stat. 2424 Pub. L. 107273, div. C, title I,  11013(a) Nov. 2, 2002 116 Stat. 1823 Notwithstanding section 3302 of title 31 Crediting to Working Capital Fund of Amounts Collected Pursuant to Civil Debt Collection Litigation Activities Pub. L. 103121, title I,  108 Oct. 27, 1993 107 Stat. 1164 Pub. L. 107273, div. A, title II,  204(g) Nov. 2, 2002 116 Stat. 1776 Pub. L. 107273, div. C, title I,  11013(b) Nov. 2, 2002 116 Stat. 1823 Capital Equipment Acquisition, Etc., by Income Retained From or Transferred to Working Capital Fund; Amounts and Limitations Pub. L. 102140, title I Oct. 28, 1991 105 Stat. 784  Of the total income of the Working Capital Fund in fiscal year 1992 and each fiscal year thereafter, not to exceed 4 percent of the total income may be retained, to remain available until expended, for the acquisition of capital equipment and for the improvement and implementation of the Departments financial management and payroll/personnel systems: Provided Provided further 105 Stat. 824 In addition, for fiscal year 1992 and thereafter, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available to the Department of Justice during such fiscal year may be transferred into the capital account of the Working Capital Fund to be available for the departmentwide acquisition of capital equipment, development and implementation of law enforcement or litigation related automated data processing systems, and for the improvement and implementation of the Departments financial management and payroll/personnel systems: Provided  528. Disqualification of officers and employees of the Department of Justice  The Attorney General shall promulgate rules and regulations which require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorneys staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office. (Added Pub. L. 95521, title VI,  603(a) Oct. 26, 1978 92 Stat. 1874  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 26, 1978 section 604 of Pub. L. 95521 section 591 of this title  529. Annual report of Attorney General (a) Beginning on June 1, 1979 (1) any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a Federal Government officer, employee, or special employee, if such violation relates directly or indirectly to such individuals Federal Government position, employment, or compensation; (2) any violation of any Federal criminal law relating to lobbying, conflict of interest, campaigns, and election to public office committed by any person, except insofar as such violation relates to a matter involving discrimination or intimidation on grounds of race, color, religion, or national origin; (3) any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a State or local government officer or employee, if such violation relates directly or indirectly to such individuals State or local government position, employment, or compensation; and (4) such other matters as the Attorney General may deem appropriate. Such report shall include the number, type, and disposition of all investigations and prosecutions supervised by such Section or such unit, except that such report shall not disclose information which would interfere with any pending investigation or prosecution or which would improperly infringe upon the privacy rights of any individuals. (b) Notwithstanding any provision of law limiting the amount of management or administrative expenses, the Attorney General shall, not later than May 2, 2003 (1) a report identifying and describing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract that was made, entered into, awarded, or, for which additional or supplemental funds were provided in the immediately preceding fiscal year, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services), and including, without limitation, for each such grant, cooperative agreement, or contract: the term, the dollar amount or value, a description of its specific purpose or purposes, the names of all grantees or parties, the names of each unsuccessful applicant or bidder, and a description of the specific purpose or purposes proposed in each unsuccessful application or bid, and of the reason or reasons for rejection or denial of the same; and (2) a report identifying and reviewing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract made, entered into, awarded, or for which additional or supplemental funds were provided, after October 1, 2002 (A) the appropriated funds were spent for such purpose or purposes, and only such purpose or purposes; (B) the terms of the grant, cooperative agreement, or contract were complied with; and (C) all documentation necessary for conducting a full and proper audit under generally accepted accounting principles, and any (additional) documentation that may have been required under the grant, cooperative agreement, or contract, have been kept in orderly fashion and will be preserved for not less than 3 years from the date of such close out, termination, or end; except that the requirement of this paragraph shall be deemed satisfied with respect to any such description, statistics, or declaration if such non-Federal grantee or such non-Federal party shall have failed to provide the same to the Attorney General, and the Attorney General notes the fact of such failure and the name of such grantee or such party in the report. (Added Pub. L. 95521, title VI,  603(a) Oct. 26, 1978 92 Stat. 1874 Pub. L. 107273, div. A, title II,  205(a) Nov. 2, 2002 116 Stat. 1777  Editorial Notes Amendments 2002 Pub. L. 107273,  205(a) Subsec. (b)(2). Pub. L. 107273,  4003(b)(3) Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 26, 1978 section 604 of Pub. L. 95521 section 591 of this title  530. Payment of travel and transportation expenses of newly appointed special agents  The Attorney General or the Attorney Generals designee is authorized to pay the travel expenses of newly appointed special agents and the transportation expenses of their families and household goods and personal effects from place of residence at time of selection to the first duty station, to the extent such payments are authorized by section 5723 of title 5 (Added Pub. L. 9886,  1 Aug. 26, 1983 97 Stat. 492  530A. Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad There are authorized to be used from appropriations, for any fiscal year, for the Department of Justice, such sums as may be necessary (1) for travel and related expenses of employees of the Department of Justice serving abroad and their families, to be payable in the same manner as applicable with respect to the Foreign Service under paragraphs (2), (3), (5), (6), (8), (9), (11), and (15) of section 901 of the Foreign Service Act of 1980, and under the regulations issued by the Secretary of State; and (2) for health care for such employees and families, to be provided under section 904 of that Act. (Added Pub. L. 100690, title VI,  6281(a) Nov. 18, 1988 102 Stat. 4368 Pub. L. 11255, div. B, title II,  218 Nov. 18, 2011 125 Stat. 621  Editorial Notes  References in Text Sections 901 and 904 of the Foreign Service Act of 1980, referred to in pars. (1) and (2), are classified to sections 4081 and 4084, respectively, of Title 22, Foreign Relations and Intercourse. Statutory Notes and Related Subsidiaries Amendments 2011 Pub. L. 11255  530B. Ethical standards for attorneys for the Government (a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorneys duties, to the same extent and in the same manner as other attorneys in that State. (b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section. (c) As used in this section, the term attorney for the Government includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40. (Added Pub. L. 105277, div. A,  101(b) [title VIII,  801(a)] Oct. 21, 1998 112 Stat. 268150  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 105277, div. A,  101(b) [title VIII,  801(c)] Oct. 21, 1998 112 Stat. 268150 The amendments made by this section [enacting this section] shall take effect 180 days after the date of the enactment of this Act [ Oct. 21, 1998  530C. Authority to use available funds (a)  In General Except to the extent provided otherwise by law, the activities of the Department of Justice (including any bureau, office, board, division, commission, subdivision, unit, or other component thereof) may, in the reasonable discretion of the Attorney General, be carried out through any means, including (1) through the Departments own personnel, acting within, from, or through the Department itself; (2) by sending or receiving details of personnel to other branches or agencies of the Federal Government, on a reimbursable, partially-reimbursable, or nonreimbursable basis; (3) through reimbursable agreements with other Federal agencies for work, materials, or equipment; (4) through contracts, grants, or cooperative agreements with non-Federal parties; and (5) as provided in subsection (b), in section 524, and in any other provision of law consistent herewith, including, without limitation, section 102(b) of Public Law 102395 106 Stat. 1838 section 815(d) of Public Law 104132 110 Stat. 1315 (b)  Permitted Uses. (1)  General permitted uses Funds available to the Attorney General (i.e., all funds available to carry out the activities described in subsection (a)) may be used, without limitation, for the following: (A) The purchase, lease, maintenance, and operation of passenger motor vehicles, or police-type motor vehicles for law enforcement purposes, without regard to general purchase price limitation for the then-current fiscal year. (B) The purchase of insurance for motor vehicles, boats, and aircraft operated in official Government business in foreign countries. (C) Services of experts and consultants, including private counsel, as authorized by section 3109 of title 5 section 5332 of title 5 (D) Official reception and representation expenses (i.e., official expenses of a social nature intended in whole or in predominant part to promote goodwill toward the Department or its missions, but excluding expenses of public tours of facilities of the Department of Justice), in accordance with distributions and procedures established, and rules issued, by the Attorney General, and expenses of public tours of facilities of the Department of Justice. (E) Unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on the certificate of the Attorney General. (F) Miscellaneous and emergency expenses authorized or approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the Assistant Attorney General for Administration. (G) In accordance with procedures established and rules issued by the Attorney General (i) attendance at meetings and seminars; (ii) conferences and training; and (iii) advances of public moneys under section 3324 of title 31 Provided section 3527 of title 31 (H) Contracting with individuals for personal services abroad, except that such individuals shall not be regarded as employees of the United States for the purpose of any law administered by the Office of Personnel Management. (I) Payment of interpreters and translators who are not citizens of the United States, in accordance with procedures established and rules issued by the Attorney General. (J) Expenses or allowances for uniforms as authorized by section 5901 of title 5 (K) Expenses of (i) primary and secondary schooling for dependents of personnel stationed outside the United States at cost not in excess of those authorized by the Department of Defense for the same area, when it is determined by the Attorney General that schools available in the locality are unable to provide adequately for the education of such dependents; and (ii) transportation of those dependents between their place of residence and schools serving the area which those dependents would normally attend when the Attorney General, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation. (L) payment of rewards (i.e., payments pursuant to public advertisements for assistance to the Department of Justice), in accordance with procedures and regulations established or issued by the Attorney General: Provided (i) no such reward shall exceed $3,000,000, unless (I) the reward is to combat domestic terrorism or international terrorism (as defined in section 2331 of title 18 (II) a statute should authorize a higher amount; (ii) no such reward of $250,000 or more may be made or offered without the personal approval of either the Attorney General or the President; (iii) the Attorney General shall give written notice to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives not later than 30 days after the approval of a reward under clause (ii); (iv) any executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5) may provide the Attorney General with funds for the payment of rewards; and (v) neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review. (M) (i) At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General may assist in the investigation of violent acts and shootings occurring in a place of public use and in the investigation of mass killings and attempted mass killings. Any assistance provided under this subparagraph shall be presumed to be within the scope of Federal office or employment. (i)  1 1 (I) the term mass killings means 3 or more killings in a single incident; and (II) the term place of public use has the meaning given that term under section 2332f(e)(6) of title 18 (2)  Specific permitted uses. (A)  Aircraft and boats Funds available to the Attorney General for United States Attorneys, for the Federal Bureau of Investigation, for the United States Marshals Service, for the Bureau of Alcohol, Tobacco, Firearms and Explosives, for the Drug Enforcement Administration, and for the Immigration and Naturalization Service may be used for the purchase, lease, maintenance, and operation of aircraft and boats, for law enforcement purposes. (B)  Purchase of ammunition and firearms; firearms competitions Funds available to the Attorney General for United States Attorneys, for the Federal Bureau of Investigation, for the United States Marshals Service, for the Bureau of Alcohol, Tobacco, Firearms and Explosives, for the Drug Enforcement Administration, for the Federal Prison System, for the Office of the Inspector General, and for the Immigration and Naturalization Service may be used for (i) the purchase of ammunition and firearms; and (ii) participation in firearms competitions. (C)  Construction Funds available to the Attorney General for construction may be used for expenses of planning, designing, acquiring, building, constructing, activating, renovating, converting, expanding, extending, remodeling, equipping, repairing, or maintaining buildings or facilities, including the expenses of acquisition of sites therefor, and all necessary expenses incident or related thereto; but the foregoing shall not be construed to mean that funds generally available for salaries and expenses are not also available for certain incidental or minor construction, activation, remodeling, maintenance, and other related construction costs. (3)  Fees and expenses of witnesses Funds available to the Attorney General for fees and expenses of witnesses may be used for (A) expenses, mileage, compensation, protection, and per diem in lieu of subsistence, of witnesses (including advances of public money) and as authorized by section 1821 or other law, except that no witness may be paid more than 1 attendance fee for any 1 calendar day; (B) fees and expenses of neutrals in alternative dispute resolution proceedings, where the Department of Justice is a party; and (C) construction of protected witness safesites. (4)  Federal bureau of investigation Funds available to the Attorney General for the Federal Bureau of Investigation for the detection, investigation, and prosecution of crimes against the United States may be used for the conduct of all its authorized activities. (5)  Immigration and naturalization service Funds available to the Attorney General for the Immigration and Naturalization Service may be used for (A) acquisition of land as sites for enforcement fences, and construction incident to such fences; (B) cash advances to aliens for meals and lodging en route; (C) refunds of maintenance bills, immigration fines, and other items properly returnable, except deposits of aliens who become public charges and deposits to secure payment of fines and passage money; and (D) expenses and allowances incurred in tracking lost persons, as required by public exigencies, in aid of State or local law enforcement agencies. (6)  Federal prison system Funds available to the Attorney General for the Federal Prison System may be used for (A) inmate medical services and inmate legal services, within the Federal prison system; (B) the purchase and exchange of farm products and livestock; (C) the acquisition of land as provided in section 4010 of title 18 (D) the construction of buildings and facilities for penal and correctional institutions (including prison camps), by contract or force account, including the payment of United States prisoners for their work performed in any such construction; except that no funds may be used to distribute or make available to a prisoner any commercially published information or material that is sexually explicit or features nudity. (7)  Detention trustee Funds available to the Attorney General for the Detention Trustee may be used for all the activities of such Trustee in the exercise of all power and functions authorized by law relating to the detention of Federal prisoners in non-Federal institutions or otherwise in the custody of the United States Marshals Service and to the detention of aliens in the custody of the Immigration and Naturalization Service, including the overseeing of construction of detention facilities or for housing related to such detention, the management of funds appropriated to the Department for the exercise of detention functions, and the direction of the United States Marshals Service and Immigration Service with respect to the exercise of detention policy setting and operations for the Department of Justice. (c)  Related Provisions. (1)  Limitation of compensation of individuals employed as attorneys No funds available to the Attorney General may be used to pay compensation for services provided by an individual employed as an attorney (other than an individual employed to provide services as a foreign attorney in special cases) unless such individual is duly licensed and authorized to practice as an attorney under the law of a State, a territory of the United States, or the District of Columbia. (2)  Reimbursements paid to governmental entities Funds available to the Attorney General that are paid as reimbursement to a governmental unit of the Department of Justice, to another Federal entity, or to a unit of State or local government, may be used under authorities available to the unit or entity receiving such reimbursement. (d)  Foreign Reimbursements Whenever the Department of Justice or any component participates in a cooperative project to improve law enforcement or national security operations or services with a friendly foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the project may be credited to appropriate current appropriations accounts of the Department of Justice or any component. The amount of a reimbursement or contribution credited shall be available only for payment of the share of the project expenses allocated to the participating foreign country. (e)  Railroad Police Training Fees The Attorney General is authorized to establish and collect a fee to defray the costs of railroad police officers participating in a Federal Bureau of Investigation law enforcement training program authorized by Public Law 106110 (f)  Warranty Work In instances where the Attorney General determines that law enforcement-, security-, or mission-related considerations mitigate against obtaining maintenance or repair services from private sector entities for equipment under warranty, the Attorney General is authorized to seek reimbursement from such entities for warranty work performed at Department of Justice facilities, and to credit any payment made for such work to any appropriation charged therefor. (Added Pub. L. 107273, div. A, title II,  201(a) Nov. 2, 2002 116 Stat. 1767 Pub. L. 108199, div. B, title I Jan. 23, 2004 118 Stat. 53 Pub. L. 112265,  2(a) Jan. 14, 2013 126 Stat. 2435  Editorial Notes  References in Text Section 102(b) of Public Law 102395 section 102(b) of Pub. L. 102395 Oct. 6, 1992 106 Stat. 1838 section 533 of this title Section 815(d) of Public Law 104132 section 815(d) of Pub. L. 104132 Apr. 24, 1996 110 Stat. 1315 section 533 of this title Public Law 106110 Pub. L. 106110 Nov. 24, 1999 113 Stat. 1497 section 10211 of Title 34 Amendments 2013Subsec. (b)(1)(L)(i). Pub. L. 112265,  2(a)(1) Subsec. (b)(1)(M). Pub. L. 112265,  2(a)(2) 2004Subsec. (b)(2)(A), (B). Pub. L. 108199 Statutory Notes and Related Subsidiaries  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8 Use of Federal Training Facilities  Pub. L. 109162, title XI,  1173 Jan. 5, 2006 119 Stat. 3124 Pub. L. 109271,  8(d) Aug. 12, 2006 120 Stat. 766  (a)  Federal Training Facilities Unless authorized in writing by the Attorney General, or the Assistant Attorney General for Administration, if so delegated by the Attorney General, the Department of Justice (and each entity within it) shall use for any predominantly internal training or conference meeting only a facility that does not require a payment to a private entity for use of the facility or for meals, lodging, or other expenses related to such internal training or conference meeting. (b)  Annual Report The Attorney General shall prepare an annual report to the Chairmen and ranking minority members of the Committees on the Judiciary of the Senate and of the House of Representatives that details each training and conference meeting authorized under subsection (a). The report shall include an explanation of why the facility was chosen, and a breakdown of any expenditures incurred in excess of the cost of conducting the training or meeting at a facility that did not require such authorization.  530D. Report on enforcement of laws (a)  Report. (1)  In general The Attorney General shall submit to the Congress a report of any instance in which the Attorney General or any officer of the Department of Justice (A) establishes or implements a formal or informal policy to refrain (i) from enforcing, applying, or administering any provision of any Federal statute, rule, regulation, program, policy, or other law whose enforcement, application, or administration is within the responsibility of the Attorney General or such officer on the grounds that such provision is unconstitutional; or (ii) within any judicial jurisdiction of or within the United States, from adhering to, enforcing, applying, or complying with, any standing rule of decision (binding upon courts of, or inferior to those of, that jurisdiction) established by a final decision of any court of, or superior to those of, that jurisdiction, respecting the interpretation, construction, or application of the Constitution, any statute, rule, regulation, program, policy, or other law whose enforcement, application, or administration is within the responsibility of the Attorney General or such officer; (B) determines (i) to contest affirmatively, in any judicial, administrative, or other proceeding, the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law; or (ii) to refrain (on the grounds that the provision is unconstitutional) from defending or asserting, in any judicial, administrative, or other proceeding, the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law, or not to appeal or request review of any judicial, administrative, or other determination adversely affecting the constitutionality of any such provision; or (C) approves (other than in circumstances in which a report is submitted to the Joint Committee on Taxation, pursuant to section 6405 of the Internal Revenue Code of 1986) the settlement or compromise (other than in bankruptcy) of any claim, suit, or other action (i) against the United States (including any agency or instrumentality thereof) for a sum that exceeds, or is likely to exceed, $2,000,000, excluding prejudgment interest; or (ii) by the United States (including any agency or instrumentality thereof) pursuant to an agreement, consent decree, or order (or pursuant to any modification of an agreement, consent decree, or order) that provides injunctive or other nonmonetary relief that exceeds, or is likely to exceed, 3 years in duration: Provided (I) debarments, suspensions, or other exclusions from Government contracts or grants; (II) mere reporting requirements or agreements (including sanctions for failure to report); (III) requirements or agreements merely to comply with statutes or regulations; (IV) requirements or agreements to surrender professional licenses or to cease the practice of professions, occupations, or industries; (V) any criminal sentence or any requirements or agreements to perform community service, to serve probation, or to participate in supervised release from detention, confinement, or prison; or (VI) agreements to cooperate with the government in investigations or prosecutions (whether or not the agreement is a matter of public record). (2)  Submission of report to the congress For the purposes of paragraph (1), a report shall be considered to be submitted to the Congress if the report is submitted to (A) the majority leader and minority leader of the Senate; (B) the Speaker, majority leader, and minority leader of the House of Representatives; (C) the chairman and ranking minority member of the Committee on the Judiciary of the House of Representatives and the chairman and ranking minority member of the Committee on the Judiciary of the Senate; and (D) the Senate Legal Counsel and the General Counsel of the House of Representatives. (b)  Deadline A report shall be submitted (1) under subsection (a)(1)(A), not later than 30 days after the establishment or implementation of each policy; (2) under subsection (a)(1)(B), within such time as will reasonably enable the House of Representatives and the Senate to take action, separately or jointly, to intervene in timely fashion in the proceeding, but in no event later than 30 days after the making of each determination; and (3) under subsection (a)(1)(C), not later than 30 days after the conclusion of each fiscal-year quarter, with respect to all approvals occurring in such quarter. (c)  Contents A report required by subsection (a) shall (1) specify the date of the establishment or implementation of the policy described in subsection (a)(1)(A), of the making of the determination described in subsection (a)(1)(B), or of each approval described in subsection (a)(1)(C); (2) include a complete and detailed statement of the relevant issues and background (including a complete and detailed statement of the reasons for the policy or determination, and the identity of the officer responsible for establishing or implementing such policy, making such determination, or approving such settlement or compromise), except that (A) such details may be omitted as may be absolutely necessary to prevent improper disclosure of national-security- or classified information, of any information subject to the deliberative-process-, executive-, attorney-work-product-, or attorney-client privileges, or of any information the disclosure of which is prohibited by section 6103 of the Internal Revenue Code of 1986, or other law or any court order if the fact of each such omission (and the precise ground or grounds therefor) is clearly noted in the statement: Provided (B) the requirements of this paragraph shall be deemed satisfied (i) in the case of an approval described in subsection (a)(1)(C)(i), if an unredacted copy of the entire settlement agreement and consent decree or order (if any) is provided, along with a statement indicating the legal and factual basis or bases for the settlement or compromise (if not apparent on the face of documents provided); and (ii) in the case of an approval described in subsection (a)(1)(C)(ii), if an unredacted copy of the entire settlement agreement and consent decree or order (if any) is provided, along with a statement indicating the injunctive or other nonmonetary relief (if not apparent on the face of documents provided); and (3) in the case of a determination described in subsection (a)(1)(B) or an approval described in subsection (a)(1)(C), indicate the nature, tribunal, identifying information, and status of the proceeding, suit, or action. (d)  Declaration In the case of a determination described in subsection (a)(1)(B), the representative of the United States participating in the proceeding shall make a clear declaration in the proceeding that any position expressed as to the constitutionality of the provision involved is the position of the executive branch of the Federal Government (or, as applicable, of the President or of any executive agency or military department). (e)  Applicability to the President and to Executive Agencies and Military Departments The reporting, declaration, and other provisions of this section relating to the Attorney General and other officers of the Department of Justice shall apply to the President (but only with respect to the promulgation of any unclassified Executive order or similar memorandum or order), to the head of each executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5, United States Code) that establishes or implements a policy described in subsection (a)(1)(A) or is authorized to conduct litigation, and to the officers of such executive agency. (Added Pub. L. 107273, div. A, title II,  202(a) Nov. 2, 2002 116 Stat. 1771  Editorial Notes  References in Text Section 6405 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(C), is classified to section 6405 of Title 26 Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (c)(2)(A), is classified to section 6103 of Title 26 Statutory Notes and Related Subsidiaries Report on Policies and Determinations Made Prior to Enactment of Section Pub. L. 107273, div. A, title II,  202(b)(3) Nov. 2, 2002 116 Stat. 1774  (3) Not later than 30 days after the date of the enactment of this Act [ Nov. 2, 2002 (4) (A) Not later than 90 days after the date of the enactment of this Act [ Nov. 2, 2002 section 530D of title 28 (i) all policies of which the Attorney General and applicable official are aware described in subsection (a)(1)(A) of such section that were established or implemented before the date of the enactment of this Act and were in effect on such date; and (ii) all determinations of which the Attorney General and applicable official are aware described in subsection (a)(1)(B) of such section that were made before the date of the enactment of this Act and were in effect on such date. (B) If a determination described in subparagraph (A)(ii) relates to any judicial, administrative, or other proceeding that is pending in the 90-day period beginning on the date of the enactment of this Act [ Nov. 2, 2002 CHAPTER 33 FEDERAL BUREAU OF INVESTIGATION    Sec.  531. Federal Bureau of Investigation.  532. Director of the Federal Bureau of Investigation.  533. Investigative and other officials; appointment.  534. Acquisition, preservation, and exchange of identification records and information; appointment of officials.  535. Investigation of crimes involving Government officers and employees; limitations.  536. Positions in excepted service.  537. Expenses of unforeseen emergencies of a confidential character.  538. Investigation of aircraft piracy and related violations.  539. Counterintelligence official reception and representation expenses.  540. Investigation of felonious killings of State or local law enforcement officers.  540A. Investigation of violent crimes against travelers.  540B. Investigation of serial killings.  540C. FBI police.  540D. Multidisciplinary teams.  Editorial Notes Amendments 2023 Pub. L. 117354,  2(b) Jan. 5, 2023 136 Stat. 6274 2003 Pub. L. 108177, title III,  361(m)(2) Dec. 13, 2003 117 Stat. 2626 2002 Pub. L. 107306, title VIII,  824(b) Nov. 27, 2002 116 Stat. 2429 Pub. L. 107273, div. B, title IV,  4003(b)(7) Nov. 2, 2002 116 Stat. 1812 1998 Pub. L. 105314, title VII,  701(b) Oct. 30, 1998 112 Stat. 2987 1994 Pub. L. 103322, title XXXII,  320916(b) Sept. 13, 1994 108 Stat. 2129 Pub. L. 103272,  4(e)(2) July 5, 1994 108 Stat. 1361 1988 Pub. L. 100690, title VII,  7331(b) Nov. 18, 1988 102 Stat. 4468 1986 Pub. L. 99569, title IV,  401(b) Oct. 27, 1986 100 Stat. 3195 1982 Pub. L. 97292,  3(b) Oct. 12, 1982 96 Stat. 1260 1966 Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 616  531. Federal Bureau of Investigation  The Federal Bureau of Investigation is in the Department of Justice. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 616  Historical and Revision Notes The section is supplied for convenience and clarification. The Bureau of Investigation in the Department of Justice, the earliest predecessor agency of the Federal Bureau of Investigation, was created administratively in 1908. It appears that funds used for the Bureau of Investigation were first obtained through the Department of Justice Appropriation Act of May 22, 1908, ch. 186,  1 35 Stat. 236 Section 3 of Executive Order No. 6166 of June 10, 1933 The Division of Investigation was first designated as the Federal Bureau of Investigation by the Act of Mar. 22, 1935, ch. 39, title II 49 Stat. 77 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(3) and sections 121(g)(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Forced Labor Requirements: Department of Justice Pub. L. 117347, title IV,  406(a) Jan. 5, 2023 136 Stat. 6209  (1)  In general Not later than 2 years after the date of enactment of this Act [ Jan. 5, 2023 (2)  Authorization of appropriations There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended. Enterprise Architecture Pub. L. 108458, title VIII,  8402 Dec. 17, 2004 118 Stat. 3869  (a)  Enterprise Architecture Defined In this section, the term enterprise architecture means a detailed outline or blueprint of the information technology of the Federal Bureau of Investigation that will satisfy the ongoing mission and goals of the Federal Bureau of Investigation and that sets forth specific and identifiable benchmarks. (b)  Enterprise Architecture The Federal Bureau of Investigation shall (1) continually maintain and update an enterprise architecture; and (2) maintain a state of the art and up to date information technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation. (c)  Report Subject to subsection (d), the Director of the Federal Bureau of Investigation shall, on an annual basis, submit to the Committees on the Judiciary of the Senate and House of Representatives a report on whether the major information technology investments of the Federal Bureau of Investigation are in compliance with the enterprise architecture of the Federal Bureau of Investigation and identify any inability or expectation of inability to meet the terms set forth in the enterprise architecture. (d)  Failure To Meet Terms If the Director of the Federal Bureau of Investigation identifies any inability or expectation of inability to meet the terms set forth in the enterprise architecture in a report under subsection (c), the report under subsection (c) shall (1) be twice a year until the inability is corrected; (2) include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise architecture is substantially related to resources; and (3) if the inability or expectation of inability is substantially related to resources, include a request for additional funding that would resolve the problem or a request to reprogram funds that would resolve the problem. (e)  Enterprise Architecture, Agency Plans and Reports This section shall be carried out in compliance with the requirements set forth in section 1016(e) and (h) [ 6 U.S.C. 485(e) 6 U.S.C. 485(h) Report to Congress Pub. L. 108405, title II,  203(f) Oct. 30, 2004 118 Stat. 2271 section 40721 of Title 34 Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center Pub. L. 105314, title VII,  703(a) Oct. 30, 1998 112 Stat. 29872989 section 41502 of Title 34 Federal Bureau of Investigation Funding Authorizations Pub. L. 104132, title VIII,  811 Apr. 24, 1996 110 Stat. 1312 Pub. L. 106546,  6(a) Dec. 19, 2000 114 Stat. 2733  (a)  In General With funds made available pursuant to subsection (c) (1) the Attorney General shall (A) provide support and enhance the technical support center and tactical operations of the Federal Bureau of Investigation; (B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases involving cases of terrorism; (C) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation Academy; (D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide for a command center; (E) make grants to States to carry out the activities described in subsection (b); and (F) increase personnel to support counterterrorism activities; and (2) the Director of the Federal Bureau of Investigation shall expand the combined DNA Identification System (CODIS) to include analyses of DNA samples collected from (A) individuals convicted of a qualifying Federal offense, as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 [ 34 U.S.C. 40702(d) (B) individuals convicted of a qualifying District of Columbia offense, as determined under section 4(d) of the DNA Analysis Backlog Elimination Act of 2000 [ 34 U.S.C. 40703(d) (C) members of the Armed Forces convicted of a qualifying military offense, as determined under section 1565(d) of title 10 (b)  State Grants. (1)  Authorization The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, may make grants to each State eligible under paragraph (2) to be used by the chief executive officer of the State, in conjunction with units of local government, other States, or any combination thereof, to carry out all or part of a program to establish, develop, update, or upgrade (A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation; (B) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and (C) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation. (2)  Eligibility To be eligible to receive a grant under this subsection, a State shall require that each person convicted of a felony of a sexual nature shall provide to appropriate State law enforcement officials, as designated by the chief executive officer of the State, a sample of blood, saliva, or other specimen necessary to conduct a DNA analysis consistent with the standards established for DNA testing by the Director of the Federal Bureau of Investigation. (3)  Interstate compacts A State may enter into a compact or compacts with another State or States to carry out this subsection. (c)  Authorization of Appropriations. (1)  In general There are authorized to be appropriated for the activities of the Federal Bureau of Investigation, to help meet the increased demands for activities to combat terrorism (A) $114,000,000 for fiscal year 1997; (B) $166,000,000 for fiscal year 1998; (C) $96,000,000 for fiscal year 1999; and (D) $92,000,000 for fiscal year 2000. (2)  Availability of funds Funds made available pursuant to paragraph (1), in any fiscal year, shall remain available until expended. (3)  Allocation. (A)  In general Of the total amount appropriated to carry out subsection (b) in a fiscal year (i) the greater of 0.25 percent of such amount or $500,000 shall be allocated to each eligible State; and (ii) of the total funds remaining after the allocation under clause (i), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of such State bears to the population of all States. (B)  Definition For purposes of this paragraph, the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, except that for purposes of the allocation under this subparagraph, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one State and that for these purposes, 67 percent of the amounts allocated shall be allocated to American Samoa, and 33 percent to the Commonwealth of the Northern Mariana Islands.  532. Director of the Federal Bureau of Investigation  The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 616  Historical and Revision Notes The section is supplied for convenience and clarification and is based on section 3 of Executive Order No. 6166 of June 10, 1933 Act of Mar. 22, 1935, ch. 39, title II 49 Stat. 77 Act of June 5, 1936, ch. 529 49 Stat. 1484 Statutory Notes and Related Subsidiaries Limitation on Procurement by Federal Bureau of Investigation of Peoples Republic of China Products and Services Pub. L. 117103, div. X, title IV,  414 Mar. 15, 2022 136 Stat. 977  (a)  Security Assessment The Director of the Federal Bureau of Investigation may not procure a Peoples Republic of China product or service unless, before such procurement (1) the Federal Bureau of Investigation conducts a security assessment of such product or service, including with respect to any physical, counterintelligence, or cyber vulnerabilities; (2) there is included in the process of conducting such security assessment a formal mechanism through which input shall be submitted by the Counterintelligence Division and Cyber Division of the Federal Bureau of Investigation regarding such security assessment, including with respect to any such vulnerabilities; and (3) the Director (or a designee of the Director) approves a recommendation, based on the results of such security assessment, to procure such product or service. (b)  Submission Not later than 30 days after the date on which the Director (or a designee of the Director, as applicable) approves a recommendation pursuant to subsection (a)(3), the Director shall submit to the appropriate congressional committees the recommendation and a copy of the security assessment upon which the recommendation was based. (c)  Definitions In this section: (1)  Appropriate congressional committees The term appropriate congressional committees means (A) the congressional intelligence committees; and (B) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate. (2)  Peoples republic of china product or service The term Peoples Republic of China product or service means an information or communication technology product manufactured in China, Hong Kong, or Macau, or a product or service provided by an entity that is fully or partially owned or controlled by, or otherwise connected to, the government of China. [For definition of congressional intelligence committees as used in section 414 of div. X of Pub. L. 117103 section 2 of div. X of Pub. L. 117103 section 3003 of Title 50 Counterintelligence Units at Non-Intelligence Community Federal Departments and Agencies Pub. L. 117103, div. X, title IV,  415 Mar. 15, 2022 136 Stat. 978  (a)  Establishment The Director of the Federal Bureau of Investigation shall establish counterintelligence units in the departments and agencies described in subsection (b). Such units shall be composed of officers of the Counterintelligence Division of the Federal Bureau of Investigation. (b)  Departments and Agencies Described The departments and agencies described in this subsection are the following departments and agencies of the United States Government: (1) The Department of Agriculture. (2) Any other department or agency that the Director, in coordination with the Director of National Intelligence, determines appropriate. (c)  Duties The Director of the Federal Bureau of Investigation shall ensure that each counterintelligence unit established under subsection (a) in a department or agency described in subsection (b) carries out the following duties: (1) Conducts assessments, in coordination with the leadership of the department or agency, to determine the counterintelligence posture of the department or agency, including any components thereof. (2) Informs and consults with the leadership of the department or agency, including any components thereof, and provides recommendations with respect to any counterintelligence threats identified by the intelligence community. (3) Provides such administrative and technical support as is necessary to develop, in coordination with the leadership of the department or agency, a plan to eliminate or reduce the threats described in paragraph (2). (4) Serves as the primary point of contact for the department or agency with respect to counterintelligence for the intelligence community. (d)  Intelligence Community Support The heads of the elements of the intelligence community shall ensure that relevant counterintelligence information is provided to counterintelligence units established under subsection (a) in a manner that is consistent with the need to protect sources and methods. (e)  Report Not later than 120 days after the date of the enactment of this Act [ Mar. 15, 2022 (f)  Appropriate Congressional Committees Defined In this section, the term appropriate congressional committees means (1) the congressional intelligence committees; and (2) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate. [For definitions of congressional intelligence committees and intelligence community as used in section 415 of div. X of Pub. L. 117103 section 2 of div. X of Pub. L. 117103 section 3003 of Title 50 Findings Pub. L. 11224,  1 July 26, 2011 125 Stat. 238  Congress finds that (1) on May 12, 2011 (2) in light of the May 1, 2011 September 11, 2001 (3) this Act [amending provisions set out as a note under this section] is intended to provide a 1-time exception to the 10-year statutory limit on the term of the Director of the Federal Bureau of Investigation in light of the Presidents request and existing exceptional circumstances, and is not intended to create a precedent. Improvement of Intelligence Capabilities; Directorate of Intelligence; Intelligence Career Service Pub. L. 108458, title II Dec. 17, 2004 118 Stat. 3700 Pub. L. 111259, title VIII,  806(b)(1) Oct. 7, 2010 124 Stat. 2748 Pub. L. 114113, div. M, title VII,  701(b) Dec. 18, 2015 129 Stat. 2929  SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION. (a)  Findings Congress makes the following findings: (1) The National Commission on Terrorist Attacks Upon the United States in its final report stated that, under Director Robert Mueller, the Federal Bureau of Investigation has made significant progress in improving its intelligence capabilities. (2) In the report, the members of the Commission also urged that the Federal Bureau of Investigation fully institutionalize the shift of the Bureau to a preventive counterterrorism posture. (b)  Improvement of Intelligence Capabilities The Director of the Federal Bureau of Investigation shall continue efforts to improve the intelligence capabilities of the Federal Bureau of Investigation and to develop and maintain within the Bureau a national intelligence workforce. (c)  National Intelligence Workforce (1) In developing and maintaining a national intelligence workforce under subsection (b), the Director of the Federal Bureau of Investigation shall develop and maintain a specialized and integrated national intelligence workforce consisting of agents, analysts, linguists, and surveillance specialists who are recruited, trained, and rewarded in a manner which ensures the existence within the Federal Bureau of Investigation of an institutional culture with substantial expertise in, and commitment to, the intelligence mission of the Bureau. (2) Each agent employed by the Bureau after the date of the enactment of this Act [ Dec. 17, 2004 (3) Each agent employed by the Bureau after the date of the enactment of this Act shall, to the maximum extent practicable, be given the opportunity to undergo, during such agents early service with the Bureau, meaningful assignments in criminal justice matters and in national intelligence matters. (4) The Director shall (A) establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau; and (B) in furtherance of the requirement under subparagraph (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their entire career with the Bureau. (5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the Bureau. (6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and career opportunities commensurate with the training and career opportunities afforded analysts in other elements of the intelligence community. (7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in Charge (ASAC) level and above, shall be a certified intelligence officer. (8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of advanced training courses, and of one or more assignments to another element of the intelligence community, is a precondition to advancement to higher level intelligence assignments within the Bureau. (d)  Field Office Matters (1) In improving the intelligence capabilities of the Federal Bureau of Investigation under subsection (b), the Director of the Federal Bureau of Investigation shall ensure that each Field Intelligence Group reports directly to a field office senior manager responsible for intelligence matters. (2) The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau. (3) The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents, linguists, and surveillance personnel in the field. (e)  Discharge of Improvements (1) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d) through the head of the Directorate of Intelligence of the Federal Bureau of Investigation. (2) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d) under the joint guidance of the Attorney General and the Director of National Intelligence in a manner consistent with applicable law. (f)  Budget Matters The Director of the Federal Bureau of Investigation shall establish a budget structure of the Federal Bureau of Investigation to reflect the four principal missions of the Bureau as follows: (1) Intelligence. (2) Counterterrorism and counterintelligence. (3) Criminal Enterprises/Federal Crimes. (4) Criminal justice services. (g)  Reports (1) Not later than 180 days after the date of the enactment of this Act [ Dec. 17, 2004 (2) The Director shall include in each annual program review of the Federal Bureau of Investigation that is submitted to Congress a report on the progress made by each field office of the Bureau during the period covered by such review in addressing Bureau and national program priorities. (3) Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing information-sharing principles. SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION. (a)  Directorate of Intelligence of Federal Bureau of Investigation The element of the Federal Bureau of Investigation known as of the date of the enactment of this Act [ Dec. 17, 2004 (b)  Head of Directorate The head of the Directorate of Intelligence shall be the Executive Assistant Director for Intelligence of the Federal Bureau of Investigation. (c)  Responsibilities The Directorate of Intelligence shall be responsible for the following: (1) Supervision of all national intelligence programs, projects, and activities of the Bureau. (2) The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 ([former] 50 U.S.C. 4035b 50 U.S.C. 3040 (3) The oversight of Bureau field intelligence operations. (4) Coordinating human source development and management by the Bureau. (5) Coordinating collection by the Bureau against nationally-determined intelligence requirements. (6) Strategic analysis. (7) Intelligence program and budget management. (8) The intelligence workforce. (9) Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by law. (d)  Staff The Directorate of Intelligence shall consist of such staff as the Director of the Federal Bureau of Investigation considers appropriate for the activities of the Directorate. SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE. (a)  Establishment of Federal Bureau of Investigation Intelligence Career Service The Director of the Federal Bureau of Investigation may (1) in consultation with the Director of the Office of Personnel Management (A) establish positions for intelligence analysts, and prescribe standards and procedures for establishing and classifying such positions, without regard to chapter 51 of title 5, United States Code; and (B) fix the rate of basic pay for such positions, without regard to subchapter III of chapter 53 of title 5, United States Code, if the rate of pay is not greater than the rate of basic pay payable for level IV of the Executive Schedule [ 5 U.S.C. 5315 (2) appoint individuals to such positions; and (3) establish a performance management system for such individuals with at least one level of performance above a retention standard. (b)  Reporting Requirement Not less than 60 days before the date of the implementation of authorities authorized under this section, the Director of the Federal Bureau of Investigation shall submit an operating plan describing the Directors intended use of the authorities under this section to the appropriate committees of Congress. (c)  Annual Report Not later than December 31, 2005 (d)  Appropriate Committees of Congress Defined In this section, the term appropriate committees of Congress[] means [sic] (1) the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the Select Committee on Intelligence of the Senate; and (2) the Committees on Appropriations, Government Reform [now Committee on Oversight and Accountability], and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. Webster Commission Implementation Report Pub. L. 107273, div. C, title I,  11023 Nov. 2, 2002 116 Stat. 1830  (a)  Implementation Plan Not later than 6 months after the date of enactment of this Act [ Nov. 2, 2002 March 31, 2002 (b)  Annual Reports On the date that is 1 year after the submission of the plan described in subsection (a), and for 2 years thereafter, the Director of the Federal Bureau of Investigation shall submit to the appropriate Committees of Congress a report on the implementation of such plan. (c)  Appropriate Committees of Congress For purposes of this section, the term appropriate Committees of Congress means (1) the Committees on the Judiciary of the Senate and the House of Representatives; (2) the Committees on Appropriations of the Senate and the House of Representatives; (3) the Select Committee on Intelligence of the Senate; and (4) the Permanent Select Committee on Intelligence of the House of Representatives. Employment of Translators by the Federal Bureau of Investigation Pub. L. 10756, title II,  205 Oct. 26, 2001 115 Stat. 281  (a)  Authority The Director of the Federal Bureau of Investigation is authorized to expedite the employment of personnel as translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. (b)  Security Requirements The Director of the Federal Bureau of Investigation shall establish such security requirements as are necessary for the personnel employed as translators under subsection (a). (c)  Report The Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate on (1) the number of translators employed by the FBI and other components of the Department of Justice; (2) any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and (3) the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs. FBI Critical Skills Scholarship Program Pub. L. 102183, title V,  501 Dec. 4, 1991 105 Stat. 1268  (a)  Study The Director of the Federal Bureau of Investigation shall conduct a study relative to the establishment of an undergraduate training program with respect to employees of the Federal Bureau of Investigation that is similar in purpose, conditions, content, and administration to undergraduate training programs administered by the Central Intelligence Agency (under section 8 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 403j 50 U.S.C. 3510 50 U.S.C. 402 50 U.S.C. 3614 (b)  Implementation Any program proposed under subsection (a) may be implemented only after the Department of Justice and the Office of Management and Budget review and approve the implementation of such program. (c)  Availability of Funds Any payment made by the Director of the Federal Bureau of Investigation to carry out any program proposed to be established under subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose. Confirmation and Compensation of Director; Term of Service Pub. L. 90351, title VI,  1101 June 19, 1968 82 Stat. 236 Pub. L. 94503, title II,  203 Oct. 15, 1976 90 Stat. 2427 Pub. L. 11224,  2 July 26, 2011 125 Stat. 238  (a) Effective as of the day following the date on which the present incumbent in the office of Director ceases to serve as such, the Director of the Federal Bureau of Investigation shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed for level II of the Federal Executive Salary Schedule [ section 5313 of Title 5 (b) Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after June 1, 1973 section 8335 of title 5 (c) (1) Effective on the date of enactment of this subsection [ July 26, 2011 August 3, 2011 September 4, 2013 (2) The individual who is the incumbent in the office of the Director of the Federal Bureau of Investigation on the date of enactment of this subsection may not serve as Director after September 4, 2013 (3) With regard to the individual who is the incumbent in the office of the Director of the Federal Bureau of Investigation on the date of enactment of this subsection, the second sentence of subsection (b) shall not apply.  533. Investigative and other officials; appointment The Attorney General may appoint officials (1) to detect and prosecute crimes against the United States; (2) to assist in the protection of the person of the President; and 1 1 (3) to assist in the protection of the person of the Attorney General. 2 2 (4) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General. This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 616 Pub. L. 107273, div. A, title II,  204(e) Nov. 2, 2002 116 Stat. 1776        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 299 Aug. 31, 1964 Pub. L. 88527,  201 78 Stat. 717 The section is from the Department of Justice Appropriation Act, 1965. Similar provisions were contained in each appropriation Act for the Department running back to 1921, which Acts are identified in a note under sections 299 and 300 of title 5, U.S.C. 1964 ed. The section is reorganized for clarity. The authority to appoint officials for the cited purposes is implied. The word may is substituted for is authorized to. The words who shall be vested with the authority necessary for the execution of such duties are omitted as unnecessary as the appointment of the officials for the purposes indicated carries with it the authority necessary to perform their duties. In paragraph (2), the words to assist in are added for clarity and in recognition of the provisions of 18 U.S.C. 3056 The last sentence is added because in various areas the authority to investigate certain criminal offenses has been specifically assigned by statute to departments and agencies other than the Federal Bureau of Investigation. For example, the enforcement of the internal revenue laws is specifically a function of the Secretary of the Treasury and he is authorized to employ such number of persons as he deems proper for the enforcement of such laws ( 26 U.S.C. 7801 19 U.S.C. 3 14 U.S.C. 2 18 U.S.C. 3056 Editorial Notes Amendments 2002Pars. (3), (4). Pub. L. 107273 Statutory Notes and Related Subsidiaries FBI Investigations of Espionage by Persons Employed by or Assigned to United States Diplomatic Missions Abroad Pub. L. 101193, title VI,  603 Nov. 30, 1989 103 Stat. 1710 Subject to the authority of the Attorney General, the FBI shall supervise the conduct of all investigations of violations of the espionage laws of the United States by persons employed by or assigned to United States diplomatic missions abroad. All departments and agencies shall report immediately to the FBI any information concerning such a violation. All departments and agencies shall provide appropriate assistance to the FBI in the conduct of such investigations. Nothing in this provision shall be construed as establishing a defense to any criminal, civil, or administrative action. Undercover Investigative Operations Conducted by Federal Bureau of Investigation or Drug Enforcement Administration; Annual Report to Congress; Financial Audit Pub. L. 1136, div. B, title II,  207 Mar. 26, 2013 127 Stat. 258 Notwithstanding any other provision of law, during the current fiscal year and any fiscal year thereafter, section 102(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( Public Law 102395 Similar provisions were contained in the following prior appropriation acts: Pub. L. 11255, div. B, title II,  207 Nov. 18, 2011 125 Stat. 619 Pub. L. 111117, div. B, title II,  207 Dec. 16, 2009 123 Stat. 3139 Pub. L. 1118, div. B, title II,  207 Mar. 11, 2009 123 Stat. 585 Pub. L. 110161, div. B, title II,  207 Dec. 26, 2007 121 Stat. 1913 Pub. L. 109108, title I,  107 Nov. 22, 2005 119 Stat. 2304 Pub. L. 108447, div. B, title I,  116 Dec. 8, 2004 118 Stat. 2870 Pub. L. 109162, title XI,  1151(c) Jan. 5, 2006 119 Stat. 3112 Section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 [ Pub. L. 102395 Pub. L. 104132 Pub. L. 104132, title VIII,  815(d) Apr. 24, 1996 110 Stat. 1315 Notwithstanding any other provision of law, section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 ( Public Law 102395 Pub. L. 102395, title I,  102(b) Oct. 6, 1992 106 Stat. 1838 Dec. 6, 1995 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 11 Pub. L. 10499, title II,  211 Jan. 26, 1996 110 Stat. 37 Pub. L. 109177, title V,  506(a)(10) Mar. 9, 2006 120 Stat. 248 Pub. L. 111259, title III,  366 Oct. 7, 2010 124 Stat. 2703  (b) (1) During fiscal year 1996, with respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence (A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to section 1341 of title 31 41 U.S.C. 11(a) 41 U.S.C. 6301(a) section 305 of the Act of June 30, 1949 63 Stat. 396 41 U.S.C. 255 41 U.S.C. 4501 March 3, 1877 19 Stat. 370 40 U.S.C. 34 40 U.S.C. 8141 section 3324 of title 31 41 U.S.C. 22 41 U.S.C. 6306(a) 63 Stat. 395 41 U.S.C. 254(a) 41 U.S.C. 3901 (B) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such corporations or business entities on a commercial basis, without regard to section 9102 of title 31 (C) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration for fiscal year 1996, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 section 3302 of title 31 (D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31 only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney Generals Guidelines on Federal Bureau of Investigation Undercover Operations, as in effect on July 1, 1983 (2) Notwithstanding paragraph (1), it shall not be necessary to obtain such certification for an undercover operation in order that proceeds or other money (A) received by an undercover agent from or at the direction of a subject of an investigation, or (B) provided to an agent by an individual cooperating with the Government in an investigation, who received the proceeds or money from or at the direction of a subject of the investigation, may be used as a subject of the investigation directs without regard to section 3302 of title 31 Provided And provided further (3) As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (C) and (D) of paragraph (1), or under paragraph (2) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts. (4) If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Director or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. (5) (A) The Federal Bureau of Investigation or the Drug Enforcement Administration, as the case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1996 (i) submit the results of such audit in writing to the Attorney General, and (ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. (B) The Federal Bureau of Investigation and the Drug Enforcement Administration shall each also submit a report annually to the Congress specifying as to their respective undercover investigative operations (i) the number, by programs, of undercover investigative operations pending as of the end of the one-year period for which such report is submitted, (ii) the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and (iii) the number, by programs, of undercover investigative operations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney Generals Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to (I) the results, (II) any civil claims, and (III) identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation. (6) For purposes of paragraph (5) (A) the term closed refers to the earliest point in time at which (i) all criminal proceedings (other than appeals) are concluded, or (ii) covert activities are concluded, whichever occurs later, (B) the term employees means employees, as defined in section 2105 of title 5 (C) the terms undercover investigative operations and undercover operation mean any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration (other than a foreign counterintelligence undercover investigative operation) (i) in which (I) the gross receipts (excluding interest earned) exceed $50,000, or (II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and (ii) which is exempt from section 3302 or 9102 of title 31 of the United States Code, except that clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of such paragraph. Similar provisions were contained in the following prior appropriation acts: Pub. L. 102140, title I,  102(b)(4) Oct. 28, 1991 105 Stat. 793 Pub. L. 101515, title II,  202(b)(4) Nov. 5, 1990 104 Stat. 2118 Pub. L. 101162, title II,  204(b)(4) Nov. 21, 1989 103 Stat. 1004 Pub. L. 100459, title II,  204(b)(4) Oct. 1, 1988 102 Stat. 2200 Pub. L. 101650, title III,  325(c)(2) Dec. 1, 1990 104 Stat. 5121 Pub. L. 100202,  101(a) [title II,  204(b)(4), (5)] Dec. 22, 1987 101 Stat. 1329 Pub. L. 99500,  101(b) [title II,  204(b)(4), (5)] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title II,  204(b)(4), (5)] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99180, title II,  204(b)(4) Dec. 13, 1985 99 Stat. 1148 Pub. L. 98411, title II,  203(b)(4) Aug. 30, 1984 98 Stat. 1560 Pub. L. 98166, title II,  205(b)(4) Nov. 28, 1983 97 Stat. 1087 Pub. L. 96132,  7(d) Nov. 30, 1979 93 Stat. 1046  (1) The Federal Bureau of Investigation shall conduct detailed financial audits of undercover operations closed on or after October 1, 1979 (A) report the results of each audit in writing to the Department of Justice, and (B) report annually to the Congress concerning these audits. (2) For the purposes of paragraph (1), undercover operation means any undercover operation of the Federal Bureau of Investigation, other than a foreign counterintelligence undercover operation (A) in which the gross receipts exceed $50,000, and (B) which is exempted from section 3617 of the Revised Statutes ( 31 U.S.C. 484 31 U.S.C. 3302(b) 31 U.S.C. 869(a) 31 U.S.C. 9102  534. Acquisition, preservation, and exchange of identification records and information; appointment of officials (a) The Attorney General shall (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. (b) The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. (c) The Attorney General may appoint officials to perform the functions authorized by this section. (d)  Indian Law Enforcement Agencies. (1)  In general The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies (A) to access and enter information into Federal criminal information databases; and (B) to obtain information from the databases. (2)  Tribal Access Program. (A)  In general The Attorney General shall establish a program, to be known as the Tribal Access Program, to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section. (B)  Authorization of appropriations There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (3)  Information sharing To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine. (e) For purposes of this section, the term other institutions includes (1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and (2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers. (f) (1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose. (2) Federal, tribal, and State criminal justice agencies authorized to enter information into criminal information databases may include (A) arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and (B) protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification. (3) As used in this subsection (A) the term national crime information databases means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and (B) the term protection order includes (i) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (ii) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 616 Pub. L. 97292 Oct. 12, 1982 96 Stat. 1259 Pub. L. 100690, title VII,  7333 Nov. 18, 1988 102 Stat. 4469 Pub. L. 103322, title IV,  40601(a) Sept. 13, 1994 108 Stat. 1950 Pub. L. 107273, div. A, title II,  204(c) Nov. 2, 2002 116 Stat. 1776 Pub. L. 109162, title I,  118 Jan. 5, 2006 119 Stat. 2989 Pub. L. 109248, title I,  153(i) July 27, 2006 120 Stat. 611 Pub. L. 111211, title II,  233(a) July 29, 2010 124 Stat. 2279 Pub. L. 111369,  2 Jan. 4, 2011 124 Stat. 4068 Pub. L. 117103, div. W, title VIII,  802(b) Mar. 15, 2022 136 Stat. 898 Pub. L. 117159, div. A, title II,  12004(h)(2) June 25, 2022 136 Stat. 1331        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 300 Aug. 31, 1964 Pub. L. 88527,  201 78 Stat. 717  5 U.S.C. 340 June 11, 1930, ch. 455 46 Stat. 554 The sections are combined and reorganized for clarity. Former section 300 of title 5 section 300 of title 5 In subsection (a), the word shall is substituted for has the duty as a more direct expression. The function of acquiring, collecting, classifying, etc., referred to in former section 340 of title 5 May 24, 1950 64 Stat. 1261 section 509 of this title In subsection (c), the authority to appoint officials for the cited purposes is implied. Editorial Notes Amendments 2022Subsec. (a)(5). Pub. L. 117159,  12004(h)(2)(A) Subsec. (b). Pub. L. 117159,  12004(h)(2)(B) Subsec. (d). Pub. L. 117103 2011Subsec. (a)(4). Pub. L. 111369 2010Subsec. (a)(4). Pub. L. 111211,  233(a)(1) Subsec. (d). Pub. L. 111211,  233(a)(2) Subsec. (e). Pub. L. 111211,  233(a)(3) Pub. L. 109248 Subsec. (f)(2). Pub. L. 111211,  233(a)(4) Pub. L. 111211 Pub. L. 109248 2006Subsec. (d). Pub. L. 109162,  905(a)(2) Subsec. (e). Pub. L. 109248 Pub. L. 109162,  905(a)(1) Subsec. (e)(3)(B). Pub. L. 109162,  118 Subsec. (f). Pub. L. 109248 2002Subsec. (a)(3). Pub. L. 107273 Subsec. (a)(4). Pub. L. 107273,  11004 1994Subsec. (e). Pub. L. 103322 1988Subsec. (d). Pub. L. 100690 1982 Pub. L. 97292,  3(a) Subsec. (a). Pub. L. 97292,  2(a) Subsec. (b). Pub. L. 97292,  2(b) Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Amendment by Pub. L. 117103 Mar. 15, 2022 section 4(a) of div. W of Pub. L. 117103 section 6851 of Title 15 Regulations Pub. L. 103322, title IV,  40601(b) Sept. 13, 1994 108 Stat. 1951 The Attorney General may make rules to carry out the subsection added to section 534 of title 28 Statutory Construction; Evidence Pub. L. 117159, div. A, title II,  12004(h)(4) June 25, 2022 136 Stat. 1331  (A)  Statutory construction Nothing in this subsection [amending this section and section 40901 of Title 34 section 41101 of Title 34 (i) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or (ii) to establish any standard of care. (B)  Evidence Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this subsection or the amendments made by this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. Nothing in amendment made by Pub. L. 117159 section 12004(k) of Pub. L. 117159 section 922 of Title 18 Improving Department of Justice Data Collection on Mental Illness Involved in Crime Pub. L. 114255, div. B, title XIV,  14015 Dec. 13, 2016 130 Stat. 1306 section 41311 of Title 34 Access to National Crime Information Databases Pub. L. 111211, title II,  233(b) July 29, 2010 124 Stat. 2279 section 41107 of Title 34 Additional Reporting on Crime Pub. L. 110457, title II,  237(a) Dec. 23, 2008 122 Stat. 5083 section 41309 of Title 34 Tribal Registry Pub. L. 109162, title IX,  905(b) Jan. 5, 2006 119 Stat. 3080 Pub. L. 1134, title IX,  907(b) Mar. 7, 2013 127 Stat. 125 section 20903 of Title 34 National Gang Intelligence Center Pub. L. 109162, title XI,  1107 Jan. 5, 2006 119 Stat. 3093 Pub. L. 111211, title II,  251(a) July 29, 2010 124 Stat. 2297 section 41507 of Title 34 Reviews of Criminal Records of Applicants for Private Security Officer Employment Pub. L. 108458, title VI,  6402 Dec. 17, 2004 118 Stat. 3755 section 41106 of Title 34 Criminal Background Checks for Applicants for Employment in Nursing Facilities and Home Health Care Agencies Pub. L. 105277, div. A,  101(b) [title I,  124] Oct. 21, 1998 112 Stat. 268150 section 41105 of Title 34 Compilation of Statistics Relating to Intimidation of Government Employees Pub. L. 104132, title VIII,  808 Apr. 24, 1996 110 Stat. 1310 Pub. L. 107273, div. A, title III,  311(a) Nov. 2, 2002 116 Stat. 1786 National Crime Information Center Project 2000 Pub. L. 101647, title VI Nov. 29, 1990 104 Stat. 4823  SEC. 611. SHORT TITLE. This section [subtitle] may be cited as the National Law Enforcement Cooperation Act of 1990. SEC. 612. FINDINGS. The Congress finds that (1) cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States; (2) the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies; (3) major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and (4) the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, NCIC 2000, to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century. SEC. 613. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated the following sums to implement the NCIC 2000 project: (1) $17,000,000 for fiscal year 1991; (2) $25,000,000 for fiscal year 1992; (3) $22,000,000 for fiscal year 1993; (4) $9,000,000 for fiscal year 1994; and (5) such sums as may be necessary for fiscal year 1995. SEC. 614. REPORT. By February 1 of each fiscal year for which funds for NCIC 2000 are requested, the Director of the Federal Bureau of Investigation shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives that details the progress that has been made in implementing NCIC 2000 and a complete justification for the funds requested in the following fiscal year for NCIC 2000. FBI Fees To Process Fingerprint Identification Records and Name Checks Pub. L. 101515, title II Nov. 5, 1990 104 Stat. 2112 Dec. 6, 1995 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 11 Pub. L. 10499, title II,  211 Jan. 26, 1996 110 Stat. 37 section 41104 of Title 34 Hate Crime Statistics Pub. L. 101275 Apr. 23, 1990 104 Stat. 140 Pub. L. 103322, title XXXII,  320926 Sept. 13, 1994 108 Stat. 2131 Pub. L. 104155,  7 July 3, 1996 110 Stat. 1394 Pub. L. 11184, div. E,  4708 Oct. 28, 2009 123 Stat. 2841 section 41305 of Title 34 section 41305 of Title 34 Uniform Federal Crime Reporting Act of 1988 Pub. L. 100690, title VII,  7332 Nov. 18, 1988 102 Stat. 4468 section 41303 of Title 34 Family and Domestic Violence; Data Collection and Reporting Pub. L. 100690, title VII,  7609 Nov. 18, 1988 102 Stat. 4517 section 41304 of Title 34 Parimutuel Licensing Simplification Pub. L. 100413 Aug. 22, 1988 102 Stat. 1101 section 10101 of Title 34 section 41102 of Title 34 section 41102 of Title 34 Funds for Exchange of Identification Records Pub. L. 92544, title II Oct. 25, 1972 86 Stat. 1115 section 41101 of Title 34  535. Investigation of crimes involving Government officers and employees; limitations (a) The Attorney General and the Federal Bureau of Investigation may investigate any violation of Federal criminal law involving Government officers and employees (1) notwithstanding any other provision of law; and (2) without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government. (b) Any information, allegation, matter, or complaint witnessed, discovered, or received in a department or agency of the executive branch of the Government relating to violations of Federal criminal law involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, or the witness, discoverer, or recipient, as appropriate, unless (1) the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or (2) as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint. (c) This section does not limit (1) the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (chapter 47 of title 10); or (2) the primary authority of the Postmaster General to investigate postal offenses. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 616 Pub. L. 107273, div. A, title II,  206 Nov. 2, 2002 116 Stat. 1779        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 311a Aug. 31, 1954, ch. 1143,  1 68 Stat. 998 The section is reorganized for clarity and continuity. In subsection (a), the word may is substituted for shall have authority. The word is is substituted for may have been or may hereafter be. In subsection (c), the words This section does not limit are substituted for that the provisions of this section shall not limit, in any way. The words (chapter 47 of title 10) are added after Uniform Code of Military Justice to reflect the codification of that Code in title 10, United States Code. Editorial Notes Amendments 2002Subsec. (a). Pub. L. 107273 Subsec. (b). Pub. L. 107273 Statutory Notes and Related Subsidiaries  Transfer of Functions Office of Postmaster General of Post Office Department abolished and all functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91375,  4(a) Aug. 12, 1970 84 Stat. 773 section 201 of Title 39  536. Positions in excepted service  All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 617        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 300d Aug. 31, 1964 Pub. L. 88527,  201 78 Stat. 718  5 U.S.C. 341c July 28, 1950, ch. 503,  5 4 Stat. 380 The section is revised and restated to eliminate ambiguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of Investigation. The language used to define the excepted status of the positions, officers, and employees is based on revised sections 2102 and 2103 of title 5, United States Code. The provisions of this section were made permanent by the Act of July 28, 1950 64 Stat. 380 section 300d of title 5 section 300d of title 5  537. Expenses of unforeseen emergencies of a confidential character  Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 617        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 341c July 28, 1950, ch. 503,  5 64 Stat. 380 The section is revised and reorganized for clarity. The words now or hereafter provided are omitted as unnecessary. The words for expenses of membership in the International Commission of Criminal Police and are omitted as obsolete. The Act of Aug. 27, 1958 Pub. L. 85768 72 Stat. 921 22 U.S.C. 263a  538. Investigation of aircraft piracy and related violations  The Federal Bureau of Investigation shall investigate any violation of section 46314 or chapter 465 of title 49. (Added Pub. L. 103272,  4(e)(1) July 5, 1994 108 Stat. 1361  539. Counterintelligence official reception and representation expenses  The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterintelligence matters. (Added Pub. L. 99569, title IV,  401(a) Oct. 27, 1986 100 Stat. 3195  540. Investigation of felonious killings of State or local law enforcement officers  The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish. (Added Pub. L. 100690, title VII,  7331(a) Nov. 18, 1988 102 Stat. 4468  540A. Investigation of violent crimes against travelers (a)  In General At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General and Director of the Federal Bureau of Investigation may assist in the investigation of a felony crime of violence in violation of the law of any State in which the victim appears to have been selected because he or she is a traveler. (b)  Foreign Travelers In a case in which the traveler who is a victim of a crime described in subsection (a) is from a foreign nation, the Attorney General and Director of the Federal Bureau of Investigation, and, when appropriate, the Secretary of State shall assist the prosecuting and law enforcement officials of a State or political subdivision to the fullest extent possible in securing from abroad such evidence or other information as may be needed for the effective investigation and prosecution of the crime. (c)  Definitions In this section (1) felony crime of violence means an offense punishable by more than one year in prison that has as an element the use, attempted use, or threatened use of physical force against the person of another. (2) State means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States. (3) traveler means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred. (Added Pub. L. 103322, title XXXII,  320916(a) Sept. 13, 1994 108 Stat. 2129 Pub. L. 104294, title VI,  604(b)(21) Oct. 11, 1996 110 Stat. 3507  Editorial Notes Amendments 1996Subsec. (c). Pub. L. 104294 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104294 Sept. 13, 1994 section 604(d) of Pub. L. 104294 section 13 of Title 18  540B. Investigation of serial killings (a)  In General The Attorney General and the Director of the Federal Bureau of Investigation may investigate serial killings in violation of the laws of a State or political subdivision, if such investigation is requested by the head of a law enforcement agency with investigative or prosecutorial jurisdiction over the offense. (b)  Definitions In this section: (1)  Killing The term killing means conduct that would constitute an offense under section 1111 of title 18 (2)  Serial killings The term serial killings means a series of three or more killings, not less than one of which was committed within the United States, having common characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors. (3)  State The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Added Pub. L. 105314, title VII,  701(a) Oct. 30, 1998 112 Stat. 2986  540C. FBI police (a)  Definitions In this section: (1)  Director The term Director means the Director of the Federal Bureau of Investigation. (2) FBI buildings and grounds. (A)  In general The term FBI buildings and grounds means (i) the whole or any part of any building or structure which is occupied under a lease or otherwise by the Federal Bureau of Investigation and is subject to supervision and control by the Federal Bureau of Investigation; (ii) the land upon which there is situated any building or structure which is occupied wholly by the Federal Bureau of Investigation; and (iii) any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation. (B)  Inclusion The term FBI buildings and grounds includes adjacent streets and sidewalks not to exceed 500 feet from such property. (3)  FBI police The term FBI police means the permanent police force established under subsection (b). (b)  Establishment of FBI Police; Duties. (1)  In general Subject to the supervision of the Attorney General, the Director may establish a permanent police force, to be known as the FBI police. (2)  Duties The FBI police shall perform such duties as the Director may prescribe in connection with the protection of persons and property within FBI buildings and grounds. (3)  Uniformed representative The Director, or designated representative duly authorized by the Attorney General, may appoint uniformed representatives of the Federal Bureau of Investigation as FBI police for duty in connection with the policing of all FBI buildings and grounds. (4)  Authority. (A)  In general In accordance with regulations prescribed by the Director and approved by the Attorney General, the FBI police may (i) police the FBI buildings and grounds for the purpose of protecting persons and property; (ii) in the performance of duties necessary for carrying out subparagraph (A), make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia; (iii) carry firearms as may be required for the performance of duties; (iv) prevent breaches of the peace and suppress affrays and unlawful assemblies; and (v) hold the same powers as sheriffs and constables when policing FBI buildings and grounds. (B)  Exception The authority and policing powers of FBI police under this paragraph shall not include the service of civil process. (5)  Pay and benefits. (A)  In general The rates of basic pay, salary schedule, pay provisions, and benefits for members of the FBI police shall be equivalent to the rates of basic pay, salary schedule, pay provisions, and benefits applicable to members of the United States Secret Service Uniformed Division. (B)  Application Pay and benefits for the FBI police under subparagraph (A) (i) shall be established by regulation; (ii) shall apply with respect to pay periods beginning after January 1, 2003 (iii) shall not result in any decrease in the rates of pay or benefits of any individual. (c)  Authority of Metropolitan Police Force This section does not affect the authority of the Metropolitan Police Force of the District of Columbia with respect to FBI buildings and grounds. (Added Pub. L. 107273, div. C, title I,  11024(a) Nov. 2, 2002 116 Stat. 1830  Editorial Notes Prior Provisions Another section 540C, added Pub. L. 107306, title VIII,  824(a) Nov. 27, 2002 116 Stat. 2428 Pub. L. 108177, title III,  361(i) Dec. 13, 2003 117 Stat. 2625 section 540C of title 28 Dec. 31, 2003 Pub. L. 107306 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  540D. Multidisciplinary teams (a)  Definitions In this section (1) the term child sexual abuse material means a visual depiction described in section 2256(8)(A) of title 18 (2) the term covered investigation means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; (3) the term Director means the Director of the Federal Bureau of Investigation; (4) the term multidisciplinary team means a multidisciplinary team established or used under subsection (b)(2); (5) the term relevant childrens advocacy center personnel means childrens advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the childrens advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and (6) the term victim advocate means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. (b)  FBI Victim Support Requirements. (1)  In general To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law (A) use a multidisciplinary team; and (B) in accordance with paragraph (3), use (i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or (ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a childrens advocacy center. (2)  Use and coordination The Director shall use and coordinate with childrens advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). (3)  Childrens advocacy centers The Director (A) may work with childrens advocacy centers to implement a multidisciplinary team approaches 1 1 (B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a childrens advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. (4)  Report The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place (A) without the use of (i) a multidisciplinary approach; (ii) a trained forensic interviewer; or (iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and (B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). (5)  Memoranda of understanding The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for childrens advocacy centers (A) under which (i) the childrens advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and (ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and (B) which shall reflect a trauma-informed, victim-centered approach and provide for case review. (c)  Functions The functions described in this subsection are the following: (1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. (2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation. (3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. (4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. (d)  Personnel. (1)  In general Each multidisciplinary team shall be composed of the following: (A) Appropriate investigative personnel. (B) Appropriate mental health professionals. (C) Appropriate medical personnel. (D) Victim advocates or victim specialists. (E) Relevant childrens advocacy center personnel, with respect to covered investigations in which the childrens advocacy center or personnel of the childrens advocacy center were used in the course of the covered investigation. (F) Prosecutors, as appropriate. (2)  Expertise and training. (A)  In general Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. (B)  Requirement The training and expertise required under subparagraph (A) shall include training and expertise on special victims crimes, including child sexual abuse. (e)  Sharing of Information. (1)  Access to information. (A)  In general Subject to subparagraphs (B) and (C), relevant childrens advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. (B)  Included information The case information described in subparagraph (A) to which relevant childrens advocacy center personnel shall be granted access includes (i) case outcome of forensic interviews; (ii) medical evaluation outcomes; (iii) mental health treatment referrals and treatment completion; (iv) safety planning and child protection issues; (v) victim service needs and referrals addressed by the victim advocate; (vi) case disposition; (vii) case outcomes; and (viii) any other information required for a childrens advocacy centers 1 (C)  Exempt information The case information described in subparagraph (A) does not include (i) classified information; (ii) the identity of confidential informants; or (iii) other investigative information not included as a part of the standards of practice of the childrens advocacy center. (2)  Sharing information with fbi Childrens advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. (3)  Security clearances. (A)  In general The Federal Bureau of Investigation may provide security clearances to relevant childrens advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. (B)  Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). (f)  Use of Teams Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (g)  Case Review by Multidisciplinary Team Throughout a covered investigation, a multidisciplinary team supporting an investigation under this section shall, at regularly scheduled times, convene to (1) share information about case progress; (2) address any investigative or prosecutorial barriers; and (3) ensure that victims receive support and needed treatment. (h)  Availability of Advocates The Director shall make advocates available to each victim who reports child sexual abuse or child trafficking in connection with an investigation by the Federal Bureau of Investigation. (i)  Rules of Construction. (1)  Investigative authority Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. (2)  Protecting investigations Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (Added Pub. L. 117354,  2(a) Jan. 5, 2023 136 Stat. 6270 CHAPTER 35 UNITED STATES ATTORNEYS    Sec.  541. United States attorneys.  542. Assistant United States attorneys.  543. Special attorneys.  544. Oath of office.  545. Residence.  546. Vacancies.  547. Duties.  548. Salaries.  549. Expenses.  550. Clerical assistants, messengers, and private process servers.  Editorial Notes Amendments 1990 Pub. L. 101647, title XXXVI,  3626(b) Nov. 29, 1990 104 Stat. 4965 1966 Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 617  541. United States attorneys (a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. (b) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. (c) Each United States attorney is subject to removal by the President. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 617        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large  (a) 28 U.S.C. 501 [None]. (b) 28 U.S.C. 504(a) [None]. (c) 28 U.S.C. 504(b) [None]. In subsection (c), the word is is substituted for shall be. 1948 Act Prior section 501. June 26, 1876, ch. 147 19 Stat. 61 Feb. 24, 1879, ch. 97,  8 20 Stat. 320 Mar. 3, 1881, ch. 144,  7 21 Stat. 507 Apr. 25, 1882, ch. 87 22 Stat. 47 July 20, 1882, ch. 312,  3 22 Stat. 172 Aug. 5, 1886, ch. 928,  7 24 Stat. 309 Feb. 22, 1889, ch. 180,  21 25 Stat. 682 July 3, 1890, ch. 656,  16 26 Stat. 217 July 10, 1890, ch. 664,  16 26 Stat. 225 Mar. 3, 1893, ch. 220 27 Stat. 745 July 16, 1894, ch. 138 28 Stat. 110 June 24, 1898, ch. 495,  1 30 Stat. 487 Apr. 12, 1900, ch. 191,  34 31 Stat. 85 Apr. 30, 1900, ch. 339,  86 31 Stat. 158 May 12, 1900, ch. 391,  9 31 Stat. 176 Jan. 22, 1901, ch. 105 31 Stat. 736 Feb. 12, 1901, ch. 355 31 Stat. 782 Mar. 2, 1901, ch. 801 31 Stat. 881 Mar. 3, 1901, ch. 854,  183 31 Stat. 1220 Mar. 11, 1902, ch. 183 32 Stat. 66 June 30, 1902, ch. 1329 32 Stat. 527 Mar. 2, 1905, ch. 1305 33 Stat. 824 Mar. 3, 1905, ch. 1427 33 Stat. 995 June 16, 1906, ch. 3335,  13 34 Stat. 275 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Jan. 7, 1913, ch. 6 37 Stat. 648 Mar. 3, 1915, ch. 100 38 Stat. 961 Mar. 2, 1917, ch. 145,  41 39 Stat. 965 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 July 9, 1921, ch. 42,  313 42 Stat. 119 May 28, 1926, ch. 414,  2(b) 44 Stat. 672 Apr. 21, 1928, ch. 393 45 Stat. 437 Mar. 26, 1928, ch. 51,  2 52 Stat. 118 Section consolidates section 481 of title 28 The term United States attorney was adopted in this section for attorney for the United States. Since the decision of the Supreme Court of the United States in In re Neagle, 1890 (10 S. Ct. 658, 135 U.S. 1, 34, L. Ed. 55) where the terms attorneys of the United States and district attorneys were used interchangeably, Congress has also designated such officers as either United States attorneys or as district attorneys. See Acts of Feb. 22, 1886, ch. 928,  7 24 Stat. 309 July 3, 1890, ch. 656,  16 26 Stat. 217 July 10, 1890, ch. 664,  16 26 Stat. 225 July 20, 1882, ch. 312,  3 22 Stat. 172 Mar. 3, 1915, ch. 100,  3 38 Stat. 961 May 28, 1926, ch. 414,  2(b) 44 Stat. 672 At present, such officers are invariably designated as United States attorneys by Federal courts and the Department of Justice. Words The President may appoint, by and with the advice and consent of the Senate, were inserted to conform section with the Constitution. See article II, section 2, clause 2. Words including the District of Columbia were omitted, because the District is made a judicial district by section 88 of this title Words learned in the law were omitted as unnecessary. Such requirement is not made of United States judges and no reason appears to make a distinction respecting United States attorneys. Parts of section 863 of title 48 Changes were made in phraseology. [The Historical and Revision Notes for former section 504, from which this section is partially derived, is set out under section 544 of this title Editorial Notes Prior Provisions A prior section 541, acts June 25, 1948, ch. 646 Mar. 18, 1959 Pub. L. 863,  11(c) 73 Stat. 9 Pub. L. 89554,  8(a) section 561 of this title section 4(c) of Pub. L. 89554  542. Assistant United States attorneys (a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires. (b) Each assistant United States attorney is subject to removal by the Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large  (a) 28 U.S.C. 502 [None]. (b) 28 U.S.C. 504(b) [None]. In subsection (b), the word is is substituted for shall be. 1948 Act Prior section 502 May 28, 1896, ch. 252,  8 29 Stat. 181 July 19, 1919, ch. 24,  1 41 Stat. 209 Mar. 4, 1923, ch. 295 42 Stat. 1560 June 25, 1936, ch. 804 49 Stat. 1921 Section consolidates sections 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys. Words United States attorneys were substituted for district attorneys. (See revisers note under section 501 [now 541] of this title.) The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48 Reference in such section 483 to District of Columbia was omitted. (See revisers note under section 501 [now 541] of this title.) The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the necessity for assistant United States attorneys in their respective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the necessity therefor, were omitted. The Attorney General, as chief law enforcement officer, is in a better position to determine such necessity. The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title. Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 542, act June 25, 1948, ch. 646 62 Stat. 911 Pub. L. 89554,  8(a) section 562 of this title section 4(c) of Pub. L. 89554  543. Special attorneys (a) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country. (b) Each attorney appointed under this section is subject to removal by the Attorney General. (c)  Indian Country In this section, the term Indian country has the meaning given that term in section 1151 of title 18 (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618 Pub. L. 111211, title II,  213(a)(1) July 29, 2010 124 Stat. 2268        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large  (a) 28 U.S.C. 503 [None].  5 U.S.C. 298 July 28, 1916, ch. 261,  1 39 Stat. 413 (b) 28 U.S.C. 504(b) [None]. The text of former section 298 of title 5 section 3101 of title 5 In subsection (b), the word is is substituted for shall be. 1948 Act Prior section 503. section 312 of title 5 Other provisions of section 312 of title 5 Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 543, act June 25, 1948, ch. 646 62 Stat. 911 Pub. L. 89554,  8(a) section 563 of this title section 4(c) of Pub. L. 89554 Amendments 2010Subsec. (a). Pub. L. 111211,  213(a)(1)(A) Subsec. (c). Pub. L. 111211,  213(a)(1)(B)  544. Oath of office  Each United States attorney, assistant United States attorney, and attorney appointed under section 543 of this title (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 504(c) [None]. 1948 Act Prior section 504. section 315 of title 5 June 24, 1898, ch. 495,  1 30 Stat. 487 Apr. 12, 1900, ch. 191,  34 31 Stat. 85 Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Jan. 7, 1913, ch. 6 37 Stat. 648 Mar. 2, 1917, ch. 145,  41 39 Stat. 965 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 July 9, 1921, ch. 42,  313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890 Apr. 17, 1930, ch. 174 46 Stat. 170 Mar. 26, 1938, ch. 51,  2 52 Stat. 118 Section consolidates parts of sections 315 of title 5, U.S.C., 1940 ed., and 643 and 863 of title 48, both U.S.C., 1940 ed., with section 482 of title 28 Words United States attorney were substituted for district attorney, and reference to District of Columbia was omitted. (See revisers note under section 501 [now 541] of this title.) Reference to the territories in said section 482, was also omitted as covered by provisions of title 48, U.S.C., 1940 ed., Territories and Insular Possessions. See sections 109 and 112 of such title applicable to United States attorney in Alaska, and 1353 applicable in the Canal Zone, and 1405y applicable in the Virgin Islands. The provision as to the tenure of the assistant United States attorneys and special attorneys is new. Existing law contains no provision as to tenure or removal of such officials. While the Supreme Court has held that the power of removal of executive officials is incident to the power of appointment, this section expressly provides for removal. See Meyers v. United States Said section 315 contained a provision that special attorneys appointed to assist United States attorneys should take the same oath required of the latter. This section was extended to assistant United States attorneys, respecting whom no provision existed as to oaths. A portion of section 863 of title 48 Other changes were made in phraseology. Editorial Notes Prior Provisions A prior section 544, acts June 25, 1948, ch. 646 62 Stat. 911 Sept. 2, 1958 Pub. L. 85856 72 Stat. 1104 Pub. L. 89554,  8(a) section 564 of this title section 4(c) of Pub. L. 89554  545. Residence (a) Each United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia, the Southern District of New York, and the Eastern District of New York may reside within 20 miles thereof. Each assistant United States attorney shall reside in the district for which he or she is appointed or within 25 miles thereof. The provisions of this subsection shall not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district. Pursuant to an order from the Attorney General or his designee, a United States attorney or an assistant United States attorney may be assigned dual or additional responsibilities that exempt such officer from the residency requirement in this subsection for a specific period as established by the order and subject to renewal. (b) The Attorney General may determine the official stations of United States attorneys and assistant United States attorneys within the districts for which they are appointed. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618 Pub. L. 95530,  1 Oct. 27, 1978 92 Stat. 2028 Pub. L. 9691 Oct. 25, 1979 93 Stat. 700 Pub. L. 103322, title XXXII,  320932 Sept. 13, 1994 108 Stat. 2135 Pub. L. 109177, title V,  501(a) Mar. 9, 2006 120 Stat. 246        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 505 [None]. In subsection (a), the word shall is substituted for must. The word thereof is substituted for of the District. 1948 Act Prior section 505. June 20, 1874, ch. 328,  2 18 Stat. 109 May 28, 1896, ch. 252 29 Stat. 181 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 June 14, 1941, ch. 203 55 Stat. 251 The provisions of section 524 of title 28 The provision permitting the United States attorney and his assistants to reside within twenty miles of the District of Columbia was added because of the relatively small and congested area of the District, as a result of which few Federal officers are appointed from the District or reside therein. Also the residence requirement of this section has no relation to domicile or voting residence nor does it affect the citizenship or residence status of District of Columbia officeholders in the several States from which appointed. Only citizens of Hawaii resident therein at least 3 years preceding appointment may be appointed as United States Attorneys for the district of Hawaii. See section 501 [now 541] of this title. Other provisions of section 524 of title 28 Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 545, act June 25, 1948, ch. 646 62 Stat. 911 Pub. L. 89554,  8(a) section 565 of this title section 4(c) of Pub. L. 89554 Amendments 2006Subsec. (a). Pub. L. 109177 1994Subsec. (a). Pub. L. 103322 1979Subsec. (a). Pub. L. 9691 1978Subsec. (a). Pub. L. 95530 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109177, title V,  501(b) Mar. 9, 2006 120 Stat. 246 The amendment made by subsection (a) [amending this section] shall take effect as of February 1, 2005  546. Vacancies (a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. (b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. (c) A person appointed as United States attorney under this section may serve until the earlier of (1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title (2) the expiration of 120 days after appointment by the Attorney General under this section. (d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618 Pub. L. 99646,  69 Nov. 10, 1986 100 Stat. 3616 Pub. L. 109177, title V,  502 Mar. 9, 2006 120 Stat. 246 Pub. L. 11034,  2 June 14, 2007 121 Stat. 224        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 506 [None]. 1948 Act Prior section 506. June 24, 1898, ch. 495,  2 30 Stat. 487 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Words United States attorney were substituted for district attorney. (See Revisers Note under section 501 [now 541] of this title.) Words The Supreme Court of the Territory, and the district court of the United States for the District of Columbia were omitted as obsolete. This section, as revised, applies to all districts enumerated in chapter 5 of this title. There were no provisions respecting vacancies in Hawaii and Puerto Rico. Therefore this section remedies this situation and establishes a uniform method to fill interim vacancies. Words and a copy shall be entered on the journal of the court after filed in the clerks office of said court, in section 511 of title 28 The provisions of section 511 of title 28 Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 546, act June 25, 1948, ch. 646 62 Stat. 911 Pub. L. 89554,  8(a) section 566 of this title section 4(c) of Pub. L. 89554 Amendments 2007Subsecs. (c), (d). Pub. L. 11034 section 541 of this title 2006Subsecs. (c), (d). Pub. L. 109177 1986 Pub. L. 99646 Statutory Notes and Related Subsidiaries Effective Date of 2007 Amendment Pub. L. 11034,  3 June 14, 2007 121 Stat. 224  (a)  In General The amendments made by this Act [amending this section] shall take effect on the date of enactment of this Act [ June 14, 2007 (b)  Application. (1)  In general Any person serving as a United States attorney on the day before the date of enactment of this Act [ June 14, 2007 section 546 of title 28 (A) the qualification of a United States attorney for such district appointed by the President under section 541 of that title; or (B) 120 days after the date of enactment of this Act. (2)  Expired appointments If an appointment expires under paragraph (1), the district court for that district may appoint a United States attorney for that district under section 546(d) of title 28  547. Duties Except as otherwise provided by law, each United States attorney, within his district, shall (1) prosecute for all offenses against the United States; (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned; (3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury; (4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and (5) make such reports as the Attorney General may direct. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 507(a) [None]. The word shall is substituted for it shall be the duty of. 1948 Act Prior section 507. section 305e of title 25 Feb. 27, 1877, ch. 69,  1 19 Stat. 241 Apr. 9, 1910, ch. 152 36 Stat. 294 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 May 10, 1934, ch. 277,  512 48 Stat. 758 Aug. 27, 1935, ch. 748,  6 49 Stat. 893 This section consolidates provisions of the sections enumerated above. Other provisions of section 312 of title 5 All requirements in said sections for reports to officers other than the Attorney General are omitted as unnecessary and are simplified in subsection (a)(5) of this section. The Attorney General directs the course of litigation in government cases and makes appropriate rules for furnishing information promptly to the Departments interested. Specific duties fixed by sections 485489 of title 28, U.S.C., 1940 ed., and the second paragraph of section 305e of title 25 Use of revenue law in subsection (a)(4) in this section, which is based on section 486 of title 28 The following sections of said title 5, U.S.C., 1940 ed., are superseded by, covered by, or inconsistent with subsection (a)(2)(5) of this section, subsection (b) of this section [now section 519 of this title June 10, 1933 Section 323 requiring the General Counsel of the Treasury to make entries of bonds delivered to United States attorneys by collectors for suit until the amounts have been paid or judgments secured; Section 324 requiring said General Counsel to examine and compare the reports made by collectors of bonds delivered by them to United States attorneys for suit, and of the returns of such bonds; Section 329 authorizing said General Counsel to instruct United States attorneys, marshals and clerks in all matters relating to suits, except for taxes, forfeitures and penalties, and to require them to make such reports to him as he may direct. The first provision of section 329 of title 5 section 519 of this title Section 327 of title 5 section 519 of this title Provisions of section 327 of title 5 section 66 of title 19 The last paragraph of this section [now section 519 of this title section 317 of title 5 section 309 of title 5 Section 330 of title 5 Section 331 of title 5 Changes in arrangement and phraseology were made. Editorial Notes Prior Provisions A prior section 547, acts June 25, 1948, ch. 646 62 Stat. 912 Oct. 18, 1962 Pub. L. 87845,  8 76A Stat. 699 Pub. L. 89554,  8(a) section 569 of this title section 4(c) of Pub. L. 89554  548. Salaries  Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 543 of this title section 5315 of title 5 (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618 Pub. L. 98473, title II,  1701(a) Oct. 12, 1984 98 Stat. 2184        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 508 [None]. The words sections 53155317 of title 5 are substituted for subsection (f) and (g) of section 303 of the Federal Executive Salary Act of 1964 to reflect the codification of those subsections in title 5. The words GS18 of the General Schedule set forth in section 5332 of title 5 1948 Act Prior section 508. section 312 of title 5 May 28, 1896, ch. 252 29 Stat. 181 Mar. 3, 1903, ch. 1007,  1 32 Stat. 1141 Mar. 4, 1907, ch. 2918,  1 34 Stat. 1360 May 27, 1908, ch. 200,  1 35 Stat. 375 July 19, 1919, ch. 24,  1 41 Stat. 209 June 1, 1922, ch. 204 42 Stat. 616 Jan. 3, 1923, ch. 21 42 Stat. 1083 Mar. 4, 1923, ch. 295 42 Stat. 1560 May 28, 1924, ch. 204 43 Stat. 220 Section consolidates part of section 312 of title 5 section 579 of title 28 section 580 of title 28 Sections 579 and 580 of title 28, U.S.C., 1940 ed., fixed specific salaries for the United States attorneys and assistants, while section 312 of title 5 According to a Department of Justice interpretation, provisions for specific salaries were superseded by section 678 of title 5 Section 578b of title 28 Section 578c of title 28 Other provisions of section 312 of title 5 section 579 of title 28 Editorial Notes Prior Provisions A prior section 548, act June 25, 1948, ch. 646 62 Stat. 912 Pub. L. 89554,  8(a) Amendments 1984 Pub. L. 98473 section 5315 of title 5 section 5332 of title 5 Statutory Notes and Related Subsidiaries Salary Increases 1969Increase in the rates of pay of United States Attorneys and Assistant United States Attorneys whose annual salaries are fixed pursuant to this section, effective on the first day of the first pay period which begins on or after Dec. 27, 1969 section 2 of Pub. L. 91231 Pub. L. 91231 section 5332 of Title 5 1967 Pub. L. 90206, title II,  211(a) Dec. 16, 1967 81 Stat. 633 The rates of basic pay of United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to section 548 of title 28 section 202 of this title section 5332 of Title 5 section 202(a) of this title section 5332(a) of Title 5 Section 211(a) of Pub. L. 90206 Oct. 1, 1967 section 220(a)(2) of Pub. L. 90206 section 5332 of Title 5 1966 Pub. L. 89504, title I,  108(a) July 18, 1966 80 Stat. 293 The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section 508 of title 28 section 102 of this title July 1, 1966 section 102(a) of this title section 5332(a) of Title 5 Provision effective July 18, 1966 section 109(1) of Pub. L. 89504 1965 Pub. L. 89301,  15(a) Oct. 29, 1965 79 Stat. 1122 The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section 508 of title 28 October 1, 1965 1962 Pub. L. 87793,  1003(b) Oct. 11, 1962 76 Stat. 866 The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed by section 508 of title 28 Oct. 11, 1962 Compensation of Incumbent United States Attorneys and Assistant United States Attorneys Pub. L. 88426,  306(a)(2) Aug. 14, 1962 78 Stat. 428 Pub. L. 88631,  3(c) Oct. 6, 1964 78 Stat. 1008 Subject to section 303(f) and (g) of this Act [see sections 5315 to 5317 of Title 5, Government Organization and Employees], each incumbent United States attorney and assistant United States attorney shall be paid compensation at a rate equal to that of attorneys of comparable responsibility and professional qualifications, as determined by the Attorney General, whose compensation is prescribed in the General Schedule of the Classification Act of 1949, as amended [now covered by chapter 51 and subchapter III of chapter 53 of Title 5]. Alaska, Canal Zone and Virgin Islands Act Mar. 2, 1955, ch. 9,  2(b) 69 Stat. 10 The salaries of United States attorneys and assistant United States attorneys for the districts of Alaska, Canal Zone, and the Virgin Islands are subject to the provisions of section 508 of title 28 Salary Limitations Acts Aug. 5, 1953, ch. 328 67 Stat. 375 July 2, 1954, ch. 456 68 Stat. 421 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 657  549. Expenses  Necessary office expenses of United States attorneys shall be allowed when authorized by the Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 618        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 509 [None]. The second paragraph of former section 509 is omitted as it was superseded by the Travel Expense Act of 1949, which is codified in subchapter I of chapter 57 of title 5, United States Code. The second paragraph was based in part on former section 73 of title 5 Section 6 of the Travel Expense Act of 1949, which is codified in section 5706 of title 5 section 73 of title 5 Act of June 25, 1948, ch. 646 Sections 2 and 3 of the Act of 1949, which are codified in sections 5701 and 5702 of title 5, United States Code, defined the coverage of the Act and allowed for specific exclusions in the legislative and judicial branches but did not mention an exclusion in the executive branch for United States attorneys. Section 7 of the 1949 Act, which is codified in section 5707 of title 5 Section 8 of the 1949 Act, which is codified in section 5708(1), (2) of title 5, United States Code, made specific exclusions from the coverage of the Act, and United States attorneys were not so excluded. Section 9 of the 1949 Act, which is codified in section 5708(3), (4) of title 5, United States Code, modified acts inconsistent with the 1949 Act, and specifically mentioned acts which authorize reimbursement of actual and necessary expenses. 1948 Act Prior section 509. Mar. 3, 1875, ch. 133,  1 18 Stat. 452 May 28, 1896, ch. 252 29 Stat. 183 Mar. 4, 1907, ch. 2918,  1 34 Stat. 1360 May 27, 1908, ch. 200,  1 35 Stat. 375 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 July 1, 1918, ch. 113,  1 40 Stat. 683 July 19, 1919, ch. 24,  1 41 Stat. 209 Dec. 24, 1942, ch. 825,  3 56 Stat. 1089 Section consolidates parts of sections 73 and 318 of title 5, U.S.C., 1940 ed., and of sections 586, 587, and 592 of title 28, U.S.C., 1940 ed. First paragraph of this section is from section 587 of title 28 act July 5, 1946, ch. 541, title II 60 Stat. 460 Section 73 of title 5 References in section 592 of title 28 The requirement in section 592 of title 28 Section 318 of title 5 Quarterly expense accounts were required of United States attorneys and marshals by section 586 of title 28 The exception in sections 586 and 591 of title 28, U.S.C., 1940 ed., that the former should not apply in Alaska was omitted as unnecessary. Section 114 of title 48 Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 549, act June 25, 1948, ch. 646 62 Stat. 912 Pub. L. 89554,  8(a) section 570 of this title section 4(c) of Pub. L. 89554  550. Clerical assistants, messengers, and private process servers  The United States attorneys may employ clerical assistants, messengers, and private process servers on approval of the Attorney General. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 619 Pub. L. 101647, title XXXVI,  3626(a) Nov. 29, 1990 104 Stat. 4965        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 510 [None]. The words and at salaries fixed by are omitted as superseded by the Classification Act of 1949, as amended, which is codified in chapter 51 and subchapter III of chapter 53 of title 5, United States Code. 1948 Act Prior section 510. May 28, 1896, ch. 252,  15 29 Stat. 183 June 30, 1906, ch. 3914,  1 34 Stat. 753 July 19, 1919, ch. 24,  1 41 Stat. 209 Section consolidates and simplifies sections 484 and 593 of title 28, U.S.C., 1940 ed. For provisions with respect to classified civil service, see sections 631684 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees. Section 593 of title 28 Section 484 of title 28 section 678 of title 5 Provision of said section 593 for office expenses of United States attorneys is covered by section 509 [now 549] of this title. Said section 593 also required that payment of salaries of such clerks and messengers be made by the disbursing clerk of the Department of Justice. Under section 550 [see Prior Provisions note below] of this title the marshals will make such payments including the office expenses of United States attorneys. The restriction that section 484 of title 28 section 109 of title 48 The provision in such section 484 of title 28 Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 550, acts June 25, 1948, ch. 646 62 Stat. 912 Sept. 9, 1959 Pub. L. 86243,  2 73 Stat. 474 Pub. L. 89554,  8(a) section 571 of this title section 4(c) of Pub. L. 89554 A prior section 551, act June 25, 1948, ch. 646 62 Stat. 912 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663 section 572 of this title section 4(c) of Pub. L. 89554 A prior section 552, act June 25, 1948, ch. 646 62 Stat. 912 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663 section 571 of this title section 4(c) of Pub. L. 89554 A prior section 553, acts June 25, 1948, ch. 646 62 Stat. 912 May 24, 1949, ch. 139,  72 63 Stat. 100 Aug. 4, 1955, ch. 550 69 Stat. 492 Aug. 14, 1961 Pub. L. 87139,  5 75 Stat. 340 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663 section 567 of this title section 4(c) of Pub. L. 89554 A prior section 554, act June 25, 1948, ch. 646 62 Stat. 913 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663 section 573 of this title section 4(c) of Pub. L. 89554 A prior section 555, act June 25, 1948, ch. 646 62 Stat. 913 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663 section 574 of this title section 4(c) of Pub. L. 89554 A prior section 556, act June 25, 1948, ch. 646 62 Stat. 913 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663 section 575 of this title section 4(c) of Pub. L. 89554 Amendments 1990 Pub. L. 101647 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101647 Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title CHAPTER 37 UNITED STATES MARSHALS SERVICE    Sec.  561. United States Marshals Service.  562. Vacancies.  563. Oath of office.  564. Powers as sheriff.  565. Expenses of the Service.  566. Powers and duties.  567. Collection of fees; accounting.  568. Practice of law prohibited.  569. Reemployment rights.  [ 570 571. Repealed.]  [ 572. Renumbered.]  [ 572a 574. Repealed.]  [ 575 576. Renumbered.]  Editorial Notes Amendments 1988 Pub. L. 100690, title VII,  7608(a)(3) Nov. 18, 1988 102 Stat. 4514 1984 Pub. L. 98473, title II,  1211(c) Oct. 12, 1984 98 Stat. 2163 1982 Pub. L. 97258,  2(g)(3)(A) Sept. 13, 1982 96 Stat. 1060 1972 Pub. L. 92310, title II,  206(a)(2) June 6, 1972 86 Stat. 203 1966 Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 619  561. United States Marshals Service (a) There is hereby established a United States Marshals Service as a bureau within the Department of Justice under the authority and direction of the Attorney General. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the Service) a Director who shall be appointed by the President, by and with the advice and consent of the Senate. (b) The Director of the United States Marshals Service (hereafter in this chapter referred to as the Director) shall, in addition to the powers and duties set forth in this chapter, exercise such other functions as may be delegated by the Attorney General. (c) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia, except that any marshal appointed for the Northern Mariana Islands may at the same time serve as marshal in another judicial district. Each United States marshal shall be an official of the Service and shall serve under the direction of the Director. (d) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the President, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies. (e) The Director shall designate places within a judicial district for the official station and offices of each marshal. Each marshal shall reside within the district for which such marshal is appointed, except that (1) the marshal for the District of Columbia, for the Superior Court of the District of Columbia, and for the Southern District of New York may reside within 20 miles of the district for which the marshal is appointed; and (2) any marshal appointed for the Northern Mariana Islands who at the same time is serving as marshal in another district may reside in such other district. (f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder. (g) The Director shall supervise and direct the United States Marshals Service in the performance of its duties. (h) The Director may administer oaths and may take affirmations of officials and employees of the Service, but shall not demand or accept any fee or compensation therefor. (i) Each marshal appointed under this section should have (1) a minimum of 4 years of command-level law enforcement management duties, including personnel, budget, and accountable property issues, in a police department, sheriffs office or Federal law enforcement agency; (2) experience in coordinating with other law enforcement agencies, particularly at the State and local level; (3) college-level academic experience; and (4) experience in or with county, State, and Federal court systems or experience with protection of court personnel, jurors, and witnesses. (Added Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4512 Pub. L. 107273, div. A, title III,  301(b) Nov. 2, 2002 116 Stat. 1781 Pub. L. 109177, title V,  505 Mar. 9, 2006 120 Stat. 247  Editorial Notes Prior Provisions A prior section 561, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 619 Pub. L. 95530,  2 Oct. 27, 1978 92 Stat. 2028 Pub. L. 100690,  7608(a)(1) Amendments 2006Subsec. (i). Pub. L. 109177 2002Subsec. (i). Pub. L. 107273  562. Vacancies (a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent. (b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events: (1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c). (2) The expiration of the thirtieth day following the end of the next session of the Senate. (3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal. (Added Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4513  Editorial Notes Prior Provisions A prior section 562, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 619 Pub. L. 100690,  7608(a)(1) section 561(f) of this title  563. Oath of office  The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office. (Added Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4513  Editorial Notes Prior Provisions A prior section 563, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 619 Pub. L. 100690,  7608(a)(1) section 561(h) of this title  564. Powers as sheriff  United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. (Added Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4513  Editorial Notes Prior Provisions A prior section 564, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 619 Pub. L. 92310, title II,  206(a)(1) June 6, 1972 86 Stat. 203  565. Expenses of the Service  The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guards and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals. (Added Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4513  Editorial Notes Prior Provisions A prior section 565, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 620 Pub. L. 100690,  7608(a)(1) section 562 of this title  566. Powers and duties (a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law. (b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. (c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. (d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. (e) (1) The United States Marshals Service is authorized to (A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding; (B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General; (C) issue administrative subpoenas in accordance with section 3486 of title 18 (D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children. (2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus. (f) In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title (g) Prior to resignation, retirement, or removal from office (1) a United States marshal shall deliver to the marshals successor all prisoners in his custody and all unserved process; and (2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal. (h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General. (i) The Director of the United States Marshals Service shall consult with the Judicial Conference of the United States on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term judicial security includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government. (Added Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4514 Pub. L. 110177, title I Jan. 7, 2008 121 Stat. 2534 Pub. L. 112206,  4(b) Dec. 7, 2012 126 Stat. 1492 Pub. L. 11422, title VI,  605 May 29, 2015 129 Stat. 260  Editorial Notes Prior Provisions A prior section 566, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 620 Pub. L. 92310, title II,  206(b) June 6, 1972 86 Stat. 203 Pub. L. 100690,  7608(a)(1) Amendments 2015Subsec. (e)(1)(D). Pub. L. 11422 2012Subsec. (e)(1)(C). Pub. L. 112206 2008Subsec. (a). Pub. L. 110177,  102(a) Subsec. (i). Pub. L. 110177,  101(a) Statutory Notes and Related Subsidiaries Fugitive Apprehension Task Forces Pub. L. 106544,  6 Dec. 19, 2000 114 Stat. 2718 Pub. L. 110177, title V,  507 Jan. 7, 2008 121 Stat. 2543 section 41503 of Title 34 Executive Documents  Ex. Ord. No. 13977. Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families Ex. Ord. No. 13977, Jan. 18, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Purpose Judges, prosecutors, and law enforcement officers should not have to choose between public service and subjecting themselves and their families to danger. My Administration has no higher priorities than preserving the rule of law in our country and protecting the men and women who serve under its flag. Accordingly, I am ordering enhanced protections for judges, prosecutors, and law enforcement officers. Federal law already allows Federal and State law enforcement officers to protect themselves by carrying a concealed firearm, but the Federal Government can do more to cut the red tape that Federal law enforcement officers must navigate to exercise their right. The current threat to Federal prosecutors also demands an expansion of their ability to carry a concealed firearm, as allowed under the Department of Justices existing authorities. Finally, the Congress should act expeditiously to adopt legislation extending the right to carry a concealed firearm to Federal judges and pass other measures that will expand our capacity to combat threats of violence against judges, prosecutors, and law enforcement officers. Sec. Removing Obstacles to Federal Law Enforcement Officers Qualifying For Concealed Carry Under the Law Enforcement Officers Safety Act of 2004 18 U.S.C. 926B (b) The heads of all executive departments and agencies (agencies) that employ or have employed qualified law enforcement officers or qualified retired law enforcement officers, as those terms are defined in the LEOSA, shall act expeditiously to implement the policy set by subsection (a) of this section. (c) The heads of all agencies that employ or have employed qualified law enforcement officers or qualified retired law enforcement officers, as those terms are defined in the LEOSA, shall submit a report to the President, through the Assistant to the President for Domestic Policy, within 30 days of the date of this order [ Jan. 18, 2021 (d) The report required by subsection (c) of this section shall: (i) identify any obstacles that the agencys qualified law enforcement officers or qualified retired law enforcement officers presently face in carrying a concealed firearm under the LEOSA; (ii) identify any categories of the agencys qualified law enforcement officers or qualified retired law enforcement officers who are presently unable to carry a concealed firearm under the LEOSA; (iii) identify the steps the agency has taken to implement the policy set by subsection (a) of this section; and (iv) identify the steps the agency plans to take in the future to implement the policy set by subsection (a) and explain why it was not possible to take these steps before the report was submitted. Sec. Authorizing Concealed Carry By Federal Prosecutors (b) The regulation proposed pursuant to this section shall: (i) include with the special deputation the power to possess and carry firearms but not include law enforcement powers such as the power to make arrests for violations of Federal law and the court-related duties of United States Marshals; and (ii) require appropriate training in firearm safety and use as a condition to any special deputation. (c) Within 30 days of the date of this order, the Attorney General shall revise other Department policies to permit special deputation consistent with subsections (a) and (b) of this section to the extent consistent with applicable law. Sec. Expanding the Federal Governments Protection of Judges, Prosecutors, and Law Enforcement Officers (b) The Attorney General shall prioritize the investigation and prosecution of Federal crimes involving actual or threatened violence against judges, prosecutors, or law enforcement officers or their family members, if the family member was targeted because of that persons relation to a judge, prosecutor, or law enforcement officer. (c) The Attorney General and Secretary of Homeland Security shall coordinate a review within the executive branch to assess the feasibility, as appropriate and consistent with applicable law, of facilitating the removal of, or minimizing the availability of, personally identifiable information appearing in public sources of judges, prosecutors, and law enforcement officers employed by the Federal Government, and shall use the results of this review to inform such persons of related security vulnerabilities. (d) Within 30 days of the date of this order, the Attorney General shall assess the need to revise subsection 0.111(e) of title 28, Code of Federal Regulations, to protect Federal prosecutors. If any revision is needed, the Attorney General shall take immediate steps to issue a proposed rule that would amend section 0.111(e) accordingly. (e) The heads of all agencies shall examine the extent to which they collect personally identifiable information from judges, prosecutors, or law enforcement officers, and as appropriate and consistent with applicable law, allow such persons to provide a Post Office box address in lieu of home address information. Sec. Proposing Legislation to Enhance the Protection of Judges, Prosecutors, and Law Enforcement Officers (b) The proposed legislation described in subsection (a) of this section shall: (i) authorize current and former Federal judges and current and former Federal prosecutors to possess or carry firearms when they or their family members face risk of harm as a result of their Federal government service, irrespective of Federal, State, and local laws which may restrict the possession or carrying of firearms; (ii) promote the removal and minimization of personally identifiable information from public websites and records of current and former judges, prosecutors, and law enforcement officers, as appropriate and as allowed under the Constitution; (iii) expand the ability of judges, prosecutors, and law enforcement officers to use Post Office box addresses in lieu of home address information; (iv) authorize additional appropriations and authority for the Department of Homeland Security, Marshals Service, and Federal Bureau of Investigation, including appropriations to hire and train additional personnel and authority for agencies to respond to both civil unrest and threats to Federal courthouses; (v) increase penalties for threatened and actual violence against Federal judges, prosecutors, and law enforcement officers and their families, including providing that violence against a Federal judge, prosecutor, or law enforcement officers family member shall be punished as though the act was committed against the Federal judge, prosecutor, or law enforcement officer if the family member was targeted because of that persons relation to a Federal judge, prosecutor, or law enforcement officer; (vi) prevent State and local governments from obstructing the ability of qualified law enforcement officers and qualified retired law enforcement officers, as those terms are defined by the LEOSA, from carrying a concealed firearm pursuant to the LEOSA, including by refusing to issue identification documents; and (vii) propose other amendments to strengthen the LEOSA, if appropriate. Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  567. Collection of fees; accounting (a) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys. (b) The marshals accounts of fees and costs paid to a witness or juror on certificate of attendance issued as provided by sections 1825 and 1871 of this title may not be reexamined to charge him for an erroneous payment of the fees or costs. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 621 Pub. L. 100690, title VII,  7608(a)(2)(B) Nov. 18, 1988 102 Stat. 4514        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 551 [None]. In subsection (b), the words may not are substituted for shall not. 1948 Act Prior section 551. May 28, 1896, ch. 252 29 Stat. 179 May 27, 1908, ch. 200,  1 35 Stat. 375 June 6, 1930, ch. 409 46 Stat. 522 Oct. 13, 1941, ch. 431,  1 55 Stat. 736 Section consolidates first sentence of section 577 with section 578a of title 28 section 1929 of this title The qualification that payments of witness fees or costs be made upon order of court, contained in said section 577 of title 28 Section 578a of title 28 section 2412 of this title The provision of section 578a of title 28 section 495 of title 31 Editorial Notes Prior Provisions A prior section 567, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 620 Pub. L. 100690,  7608(a)(1) section 565 of this title Amendments 1988 Pub. L. 100690 section 572 of this title  568. Practice of law prohibited  A United States marshal or deputy marshal may not practice law in any court of the United States. (Added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 621 Pub. L. 100690, title VII,  7608(a)(2)(B) Nov. 18, 1988 102 Stat. 4514        Historical and Revision Notes   1966 Act  Derivation U.S. Code Revised Statutes and Statutes at Large   28 U.S.C. 556 [None]. The words may not are substituted for shall not. 1948 Act Prior section 556. Mar. 3, 1911, ch. 231 36 Stat. 1164 Section consolidates parts of sections 395 and 396 of title 28, U.S.C., 1940 ed. Similar provisions in said sections, relating to clerks, are incorporated in section 955 of this title The revised section substitutes, as simpler and more appropriate, the prohibition against practice of law in any court of the United States for the more involved language of section 395 of title 28 Provisions of section 396 of title 28 section 541 of this title Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 568, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 620 Pub. L. 100690,  7608(a)(1) Amendments 1988 Pub. L. 100690 section 575 of this title  569. Reemployment rights (a) A United States marshal for a judicial district who was appointed from a position in the competitive service (as defined in section 2102 of title 5 (1) the individual is qualified for the vacant position; and (2) the individual has made application for the position not later than ninety days after being removed from office as a United States marshal. Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under section 7701 of title 5 (b) Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President. (Added Pub. L. 98473, title II,  1211(a) Oct. 12, 1984 98 Stat. 2163 Pub. L. 100690, title VII,  7608(a)(2)(B) Nov. 18, 1988 102 Stat. 4514  Editorial Notes  References in Text The effective date of this section, referred to in subsec. (b), is Oct. 1, 1984 Prior Provisions A prior section 569, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 620 Pub. L. 95598, title II,  221 Nov. 6, 1978 92 Stat. 2662 Pub. L. 96417, title V,  501(12) Oct. 10, 1980 94 Stat. 1742 Pub. L. 99466,  3(a) Oct. 14, 1986 100 Stat. 1191 Pub. L. 100690,  7608(a)(1) section 566 of this title Amendments 1988 Pub. L. 100690 section 576 of this title Statutory Notes and Related Subsidiaries Effective Date Pub. L. 98473, title II,  1212 Oct. 12, 1984 98 Stat. 2163 The amendments made by this subpart [subpart B ( 1211, 1212) of part F of chapter XII of title II of Pub. L. 98473 October 1, 1984 [ 570, 571. Repealed. Pub. L. 100690, title VII,  7608(a)(1) Nov. 18, 1988 102 Stat. 4512   Section 570, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 620 section 564 of this title  Section 571, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 621 Pub. L. 95598, title II Nov. 6, 1978 92 Stat. 2662 Pub. L. 97258,  2(g)(2) Sept. 13, 1982 96 Stat. 1060 [ 572. Renumbered  567] [ 572a to 574. Repealed. Pub. L. 100690, title VII,  7608(a)(2)(A) Nov. 18, 1988 102 Stat. 4514   Section 572a, added Pub. L. 97258,  2(g)(3)(B) Sept. 13, 1982 96 Stat. 1060 section 566(f) of this title  Section 573, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 621 section 566(g)(1) of this title  Section 574, added Pub. L. 89554,  4(c) Sept. 6, 1966 80 Stat. 621 section 566(g)(2) of this title [ 575, 576. Renumbered  568, 569] CHAPTER 39 UNITED STATES TRUSTEES    Sec.  581. United States trustees.  582. Assistant United States trustees.  583. Oath of office.  584. Official stations.  585. Vacancies.  586. Duties; supervision by Attorney General.  587. Salaries.  588. Expenses.  589. Staff and other employees.  589a. United States Trustee System Fund.  589b. Bankruptcy data.  Editorial Notes Amendments 2005 Pub. L. 1098, title VI,  602(b) Apr. 20, 2005 119 Stat. 122 1986 Pub. L. 99554, title I,  115(b) Oct. 27, 1986 100 Stat. 3095 United States Trustee Pilot; Repeal of Bankruptcy Provisions Relating to United States Trustees Pub. L. 95598, title IV,  408 Nov. 6, 1978 92 Stat. 2686 Pub. L. 98166, title II,  200 Nov. 28, 1983 97 Stat. 1081 Pub. L. 98353, title III,  323 July 10, 1984 98 Stat. 358 Pub. L. 99429 Sept. 30, 1986 100 Stat. 985 Pub. L. 99500,  101(b) [title II,  200] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title II,  200] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99554, title III,  307(a) Oct. 27, 1986 100 Stat. 3125 January 3, 1980 January 3, 1984 Pub. L. 99554 section 302 of Pub. L. 99554 section 581 of this title Pub. L. 99554, title III,  307(b) Oct. 27, 1986 100 Stat. 3125  581. United States trustees (a) The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): (1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island. (2) The judicial districts established for the States of Connecticut, New York, and Vermont. (3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania. (4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. (5) The judicial districts established for the States of Louisiana and Mississippi. (6) The Northern District of Texas and the Eastern District of Texas. (7) The Southern District of Texas and the Western District of Texas. (8) The judicial districts established for the States of Kentucky and Tennessee. (9) The judicial districts established for the States of Michigan and Ohio. (10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana. (11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin. (12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota. (13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri. (14) The District of Arizona. (15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. (16) The Central District of California. (17) The Eastern District of California and the Northern District of California; and the judicial district established for the State of Nevada. (18) The judicial districts established for the States of Alaska, Idaho (exclusive of Yellowstone National Park), Montana (exclusive of Yellowstone National Park), Oregon, and Washington. (19) The judicial districts established for the States of Colorado, Utah, and Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho). (20) The judicial districts established for the States of Kansas, New Mexico, and Oklahoma. (21) The judicial districts established for the States of Alabama, Florida, and Georgia and for the Commonwealth of Puerto Rico and the Virgin Islands of the United States. (b) Each United States trustee shall be appointed for a term of five years. On the expiration of his term, a United States trustee shall continue to perform the duties of his office until his successor is appointed and qualifies. (c) Each United States trustee is subject to removal by the Attorney General. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2662 Pub. L. 99554, title I,  111(a) Oct. 27, 1986 100 Stat. 3090  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Amendments 1986Subsec. (a). Pub. L. 99554,  111(a) (1) District of Maine, District of New Hampshire, District of Massachusetts, and District of Rhode Island. (2) Southern District of New York. (3) District of Delaware and District of New Jersey. (4) Eastern District of Virginia and District of District of Columbia. (5) Northern District of Alabama. (6) Northern District of Texas. (7) Northern District of Illinois. (8) District of Minnesota, District of North Dakota, District of South Dakota. (9) Central District of California. (10) District of Colorado and District of Kansas. Subsec. (b). Pub. L. 99554,  111(b) Subsec. (c). Pub. L. 99554,  111(c) Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment; Transition and Administrative Provisions Pub. L. 99554, title III Oct. 27, 1986 100 Stat. 3118 Pub. L. 101650, title III,  317(a) Dec. 1, 1990 104 Stat. 5115 Pub. L. 10365,  1 Aug. 6, 1993 107 Stat. 311 Pub. L. 106518, title V,  501 Nov. 13, 2000 114 Stat. 2421 Pub. L. 1098, title X,  1001(c) Apr. 20, 2005 119 Stat. 186  SEC. 301. INCUMBENT UNITED STATES TRUSTEES. (a)  Area for Which Appointed Notwithstanding any paragraph of section 581(a) of title 28 (b)  Term of Office Notwithstanding section 581(b) of title 28 Oct. 27, 1986 (1) 2 years after the expiration date of such term of office under such section, as so in effect, or (2) 4 years after the date of the enactment of this Act, whichever occurs first. SEC. 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. (a)  General Effective Date Except as provided in subsections (b), (c), (d), (e), and [former] (f), this Act and the amendments made by this Act [see Short Title of 1986 Amendment note below] shall take effect 30 days after the date of the enactment of this Act [ Oct. 27, 1986 (b)  Amendments Relating to Bankruptcy Judges and Incumbent United States Trustees Subtitle A of title I, and sections 301 and 307(a) [amending sections 152 and 156 of this title, enacting provisions set out as notes under section 581 of this title section 152 of this title section 581 of this title Oct. 27, 1986 (c)  Amendments Relating to Family Farmers (1) The amendments made by subtitle B of title II [ 251 to 257 of Pub. L. 99554 (2)  Section 1202 of title 11 section 1202 of this title (3) Until the amendments made by subtitle A of title II of this Act [ 201 to 231 of Pub. L. 99554 (A) (i) any reference in section 326(b) of title 11 (ii) any reference in such section 326(b) to section 1302(d) of title 11 section 1302(d) of title 11 section 586(b) of title 28 (iii) any reference in such section 326(b) to section 1302(a) of title 11 section 1302(a) of title 11 (B) (i) the first two references in section 1202(a) of title 11 (ii) any reference in such section 1202(a) to section 586(b) of title 28 section 1202(c) of title 11 (d)  Application of Amendments to Judicial Districts. (1)  Certain regions not currently served by united states trustees (A) The amendments made by subtitle A of title II of this Act [ 201 to 231 of Pub. L. 99554 section 1930(a)(6) of title 28 (i) become effective in or with respect to a judicial district specified in subparagraph (B) until, or (ii) apply to cases while pending in such district before, the expiration of the 270-day period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of section 581(a) of title 28 (B) Subparagraph (A) applies to the following: (i) The judicial district established for the Commonwealth of Puerto Rico. (ii) The District of Connecticut. (iii) The judicial districts established for the State of New York (other than the Southern District of New York). (iv) The District of Vermont. (v) The judicial districts established for the State of Pennsylvania. (vi) The judicial district established for the Virgin Islands of the United States. (vii) The District of Maryland. (viii) The judicial districts established for the State of North Carolina. (ix) The District of South Carolina. (x) The judicial districts established for the State of West Virginia. (xi) The Western District of Virginia. (xii) The Eastern District of Texas. (xiii) The judicial districts established for the State of Wisconsin. (xiv) The judicial districts established for the State of Iowa. (xv) The judicial districts established for the State of New Mexico. (xvi) The judicial districts established for the State of Oklahoma. (xvii) The District of Utah. (xviii) The District of Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho). (xix) The judicial districts established for the State of Alabama. (xx) The judicial districts established for the State of Florida. (xxi) The judicial districts established for the State of Georgia. (2)  Certain remaining judicial districts not currently served by united states trustees (A) The amendments made by subtitle A of title II of this Act [ 201 to 231 of Pub. L. 99554 section 1930(a)(6) of title 28 (i) become effective in or with respect to a judicial district specified in subparagraph (B) until, or (ii) apply to cases while pending in such district before, the expiration of the 2-year period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of section 581(a) of title 28 (B) Subparagraph (A) applies to the following: (i) The judicial districts established for the State of Louisiana. (ii) The judicial districts established for the State of Mississippi. (iii) The Southern District of Texas and the Western District of Texas. (iv) The judicial districts established for the State of Kentucky. (v) The judicial districts established for the State of Tennessee. (vi) The judicial districts established for the State of Michigan. (vii) The judicial districts established for the State of Ohio. (viii) The judicial districts established for the State of Illinois (other than the Northern District of Illinois). (ix) The judicial districts established for the State of Indiana. (x) The judicial districts established for the State of Arkansas. (xi) The judicial districts established for the State of Nebraska. (xii) The judicial districts established for the State of Missouri. (xiii) The District of Arizona. (xiv) The District of Hawaii. (xv) The judicial district established for Guam. (xvi) The judicial district established for the Commonwealth of the Northern Mariana Islands. (xvii) The judicial districts established for the State of California (other than the Central District of California). (xviii) The District of Nevada. (xix) The District of Alaska. (xx) The District of Idaho. (xxi) The District of Montana. (xxii) The District of Oregon. (xxiii) The judicial districts established for the State of Washington. (3)  Judicial districts for the states of alabama and north carolina (A) Notwithstanding paragraphs (1) and (2), and any other provision of law, the amendments made by subtitle A of title II of this Act [ 201 to 231 of Pub. L. 99554 section 1930(a)(6) of title 28 (i) become effective in or with respect to a judicial district specified in subparagraph (E) until, or (ii) apply to cases while pending in such district before, such district elects to be included in a bankruptcy region established in section 581(a) of title 28 section 105(a) of title 11 Dec. 1, 1990 (B) Any election under subparagraph (A) shall be made upon a majority vote of the chief judge of such district and each bankruptcy judge in such judicial district in favor of such election. (C) Notice that an election has been made under subparagraph (A) shall be given, not later than 10 days after such election, to the Attorney General and the appropriate Federal Circuit Court of Appeals for such district. (D) Any election made under subparagraph (A) shall become effective on the date the amendments made by subtitle A of title II of this Act become effective in the region that includes such district or 30 days after the Attorney General receives the notice required under subparagraph (C), whichever occurs later. (E) Subparagraph (A) applies to the following: (i) The judicial districts established for the State of Alabama. (ii) The judicial districts established for the State of North Carolina. (F) (i) Subject to clause (ii), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code (I) commenced before the effective date of this Act, and (II) pending in a judicial district in the State of Alabama or the State of North Carolina before any election made under subparagraph (A) by such district becomes effective, the amendments made by section 113 [amending section 586 of this title section 1930(a)(6) of title 28 (ii) For purposes of clause (i), the amendments made by section 113 and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 (I) the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or (II) a plan is confirmed under section 1129, 1225, or 1325 of such title, before the expiration of the 1-year period beginning on the date such election becomes effective. (G) Notwithstanding section 589a of title 28 section 1930 of this title section 1930(a) of title 28 (H) The repeal made by section 231 of this Act [repealing chapter 15 of title 11] shall not apply in or with respect to the Northern District of Alabama until March 1, 1987 (I) In any judicial district in the State of Alabama or the State of North Carolina that has not made the election described in subparagraph (A), any person who is appointed under regulations issued by the Judicial Conference of the United States to administer estates in cases under title 11 of the United States Code may (i) establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under title 11, United States Code, and (ii) supervise the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of title 11, United States Code, until the amendments made by subtitle A of title II take effect in such district. (e)  Application of United States Trustee System and Quarterly Fees to Certain Cases. (1)  In general Subject to paragraph (2), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code (A) commenced before the effective date of this Act, and (B) pending in a judicial district referred to in section 581(a) of title 28 the amendments made by section 113 [amending section 586 of this title Pub. L. 99554 section 1930(a)(6) of title 28 (2)  Amendments inapplicable For purposes of paragraph (1), the amendments made by section 113 and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 (A) the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or (B) a plan is confirmed under section 1129, 1225, or 1325 of such title, before the expiration of the 3-year period, or the expiration of the 1-year period, specified in paragraph (1), whichever occurs first. (3)  Rule of construction regarding fees for cases This Act [see Short Title of 1986 Amendment note below] and the amendments made by section 117(4) of this Act [amending section 1930 of this title section 1930(a) of title 28 SEC. 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND PUBLICATION OF CERTIFICATION. (a)  Certification by Attorney General The Attorney General may certify in writing a region specified in a paragraph of section 581(a) of title 28 (b)  Notice and Publication of Certification Whenever the Attorney General transmits a certification under subsection (a), the Attorney General shall simultaneously (1) transmit a copy of such certification to the Speaker of the House of Representatives and to the President pro tempore of the Senate, and (2) publish such certification in the Federal Register. SEC. 304. ADMINISTRATIVE PROVISIONS. (a)  Cooperative Arrangements The Attorney General and the Director of the Administrative Office of the United States Courts may enter into agreements under which United States trustees may (1) use (A) the services, equipment, personnel, records, reports, and data compilations, in any form, of the courts of the United States, and (B) the facilities of such courts, and (2) cooperate in the use by the courts of the United States of (A) the services, equipment, personnel, records, reports, and data compilations, in any form, of United States trustees, and (B) the facilities of such trustees, to prevent duplication during the 2-year period beginning on the effective date of this Act. (b)  Information and Documents Relating to Bankruptcy Cases and United States Trustees The Director of the Administrative Office of the United States Courts shall make available to United States trustees, at the request of the Attorney General and on a continuing basis, all records, reports, and data compilations relating to (1) cases and proceedings under title 11 of the United States Code, and (2) the duties of United States trustees under titles 11 and 28 of the United States Code. SEC. 305. APPLICATION OF CERTAIN BANKRUPTCY RULES. (a)  Rules Relating to the United States Trustee System If a United States trustee is not authorized, before the effective date of this Act, to be appointed for a judicial district referred to in section 581(a) of title 28 Pub. L. 99554 (b)  Rules Relating to Chapter of Title The rules prescribed under section 2075 of title 28 Oct. 27, 1986 SEC. 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES. For service as a United States trustee in the period beginning on the effective date of this Act and ending on the expiration under section 301 of this Act of their respective terms of office, the salary payable to United States trustees serving in such offices on the effective date of this Act shall be fixed in accordance with section 587 of title 28 SEC. 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING PENDENCY OF LEGISLATION; REPEALER. (a)  Temporary Delay of Repeal of United States Trustee System Effective immediately before November 10, 1986 section 408(c) of the Act of November 6, 1978 Public Law 95598 92 Stat. 2687 November 10, 1986 Pub. L. 99554 (b)  Conforming Amendment Section 408 of the Act of November 6, 1978 Public Law 95598 92 Stat. 2687 SEC. 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR APPOINTMENT BY UNITED STATES TRUSTEES. (a)  Trustees in Bankruptcy Cases Under Chapter It is the sense of the Congress that individuals who are serving before the effective date of this Act, as trustees in cases under chapter 7 of title 11, United States Code, should be considered by United States trustees for appointment under section 586(a)(1) of title 28 (b)  Standing Trustees in Bankruptcy Cases Under Chapter It is the sense of the Congress that individuals who are serving before the effective date of this Act, as standing trustees in cases under chapter 13 of title 11, United States Code, should be considered by the United States trustees for appointment under section 586(b) of title 28 SEC. 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY GENERAL. It is the sense of the Congress that individuals otherwise qualified who are serving, before the effective date of this Act, as estate administrators under title 11 of the United States Code should be considered by the Attorney General for appointment under sections 581 and 582 of title 28, United States Code, to new positions of United States trustee and assistant United States trustee resulting from the amendments made by this Act [see Short Title of 1986 Amendment note below]. SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT. (a)  Establishment of Project Not later than 1 year after the effective date of this Act, the Director of the Executive Office for United States Trustees, in consultation with the Director of the Administrative Office of the United States Courts, shall establish an electronic case management demonstration project to be carried out in 3 Federal judicial districts that have a sufficiently large and varied bankruptcy caseload so as to provide a meaningful evaluation of the cost and effectiveness of such system. A contract for such project shall be awarded (1) on the basis of competitive bids submitted by qualified nongovernmental entities that are able to design an automated joint information system for use by the United States courts and by United States trustees, and (2) in accordance with the Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], the Office of Federal Procurement Policy Act [see division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of Title 41], and title 31 of the United States Code. (b)  Study by General Accounting Office [now Government Accountability Office] Not later than 1 year after the electronic case management system begins to operate in all of the judicial districts participating in the demonstration project carried out under subsection (a), the General Accounting Office [now Government Accountability Office] shall conduct a study to compare the cost and effectiveness of such system with the cost and effectiveness of case management systems used in Federal judicial districts that are not participating in such project. (c)  Term of Project The demonstration project required by subsection (a) shall be carried out until (1) the expiration of the 2-year period beginning on the date the electronic case management system begins to operate in all of the judicial districts participating in such project, or (2) legislation is enacted to extend, expand, modify, or terminate the operation of such project, whichever occurs first. (d)  Use by Clerks of the Courts The electronic case management system demonstrated under the project required by subsection (a) shall provide the clerk of court in each district in which such system is operated, with a means of (1) maintaining a complete electronic case file of all relevant information contained in petitions and schedules (and any amendments thereto) relating to debtors in cases under title 11 of the United States Code, including (A) a complete list of creditors in each such case, as listed by the debtor, (B) a complete list of assets scheduled by the debtor, the value of such asset, and any action taken by the trustee or debtor in possession with regard to such asset during the pendency of such case, (C) a complete list of debts and, with respect to each debt (i) any priority of such debt under title 11 of the United States Code, (ii) whether such debt is secured or unsecured, and (iii) whether such debt is contingent or noncontingent, and (D) the debtors statements of current expenses and income, and (2) maintaining all calendars and dockets and producing all notices required to be sent in cases under title 11 of the United States Code. (e)  Use by United States Trustees The electronic case management system demonstrated under the project required by subsection (a) shall provide, at a minimum, the United States trustee in each district in which such system is operated with (1) complete electronic case files which contain, in addition to the information listed in subsection (d), records of case openings, case closings, hearings, and the filing of all motions, trustee appointments, pleadings, and responses, as well as a record of the responses by the United States trustee to those motions, trustee appointments, and pleadings, (2) a means to generate standardized forms for motions, appointments, pleadings, and responses, (3) a means to generate standard management reports and letters on an exception basis, (4) a means to maintain accounting records, reports, and information required to be maintained by debtors in possession and trustees in cases under title 11 of the United States Code, (5) a means to calculate and record distribution to creditors, final applications and orders for distribution, and final case closing reports, and (6) a means to monitor the payment of filing and other required fees. (f)  Availability to Certain Governmental Entities Unlimited access to information maintained in the electronic case management system demonstrated under the project required by subsection (a) shall be provided at no charge to the following: (1) The Congress. (2) The Executive Office for the United States Trustees. (3) The Administrative Office of the United States Courts. (4) The clerks of the courts in judicial districts in which such system is operated and persons who review case information, in accordance with section 107(a) of title 11 (5) The judges on the bankruptcy and district courts in districts in which such system is operated. (6) Trustees in cases pending in districts in which such system is operated. (g)  Fees for Other Users (1) The entity which is awarded a contract to provide the electronic case management system demonstrated under this project may, under guidelines established by the Director of the Executive Office for the United States Trustees in the provisions of such contract, collect reasonable fees from assets of the estate of the debtor in bankruptcy for providing notices and services to the court and trustees under the demonstration project. (2) Access to information maintained in electronic case files pursuant to the demonstration project may be provided to persons other than those specified in subsection (f), but such access shall be limited to viewing such information only. A reasonable charge for such access may be collected by the entity which is awarded a contract under this section, in accordance with the guidelines established by the Director of the Executive Office for the United States Trustees in such contract. A reasonable portion of any charge so collected may be required by the Director to be remitted to the Executive Office for United States Trustees and deposited in the United States Trustee System Fund established in section 589a of title 28 (h)  Security Access provided under subsection (f) to an entity or an individual shall be subject to such security limitations as may be imposed by the Congress or the head of the affected entity. SEC. 311. CASES PENDING UNDER THE BANKRUPTCY ACT. At the end of one calendar year following the date the amendments made by subtitle A of title II of this Act [ 201 to 231 of Pub. L. 99554 Effective Date Chapter effective Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 Short Title of 1986 Amendment Pub. L. 99554,  1 Oct. 27, 1986 100 Stat. 3088 That this Act [enacting section 589a of this title section 589 of this title section 152 of this title Bankruptcy Crimes Pub. L. 109162, title XI,  1175 Jan. 5, 2006 119 Stat. 3125  The Director of the Executive Office for United States Trustees shall prepare an annual report to the Congress detailing (1) the number and types of criminal referrals made by the United States Trustee Program; (2) the outcomes of each criminal referral; (3) for any year in which the number of criminal referrals is less than for the prior year, an explanation of the decrease; and (4) the United States Trustee Programs efforts to prevent bankruptcy fraud and abuse, particularly with respect to the establishment of uniform internal controls to detect common, higher risk frauds, such as a debtors failure to disclose all assets.  582. Assistant United States trustees (a) The Attorney General may appoint one or more assistant United States trustees in any region when the public interest so requires. (b) Each assistant United States trustee is subject to removal by the Attorney General. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2663 Pub. L. 99554, title I,  111(d) Oct. 27, 1986 100 Stat. 3091  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Amendments 1986Subsec. (a). Pub. L. 99554,  111(d)(1) Subsec. (b). Pub. L. 99554,  111(d)(2) Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title Appointment of United States Trustees by Attorney General For sense of Congress concerning consideration of estate administrators under title 11 by the Attorney General for appointment under this section as U.S. trustee and assistant U.S. trustee, see section 309 of Pub. L. 99554 section 581 of this title  583. Oath of office  Each United States trustee and assistant United States trustee, before taking office, shall take an oath to execute faithfully his duties. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2663  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title  584. Official stations  The Attorney General may determine the official stations of the United States trustees and assistant United States trustees within the regions for which they were appointed. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2663 Pub. L. 99554, title I,  144(d) Oct. 27, 1986 100 Stat. 3096  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Amendments 1986 Pub. L. 99554 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title  585. Vacancies (a) The Attorney General may appoint an acting United States trustee for a region in which the office of the United States trustee is vacant. The individual so appointed may serve until the date on which the vacancy is filled by appointment under section 581 of this title (b) The Attorney General may designate a United States trustee to serve in not more than two regions for such time as the public interest requires. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2663 Pub. L. 99554, title I,  112 Oct. 27, 1986 100 Stat. 3091  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Amendments 1986 Pub. L. 99554 section 581 of this title Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title  586. Duties; supervision by Attorney General (a) Each United States trustee, within the region for which such United States trustee is appointed, shall (1) establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under chapter 7 of title 11; (2) serve as and perform the duties of a trustee in a case under title 11 when required under title 11 to serve as trustee in such a case; (3) supervise the administration of cases and trustees in cases under chapter 7, 11 (including subchapter V of chapter 11), 12, 13, or 15 of title 11 by, whenever the United States trustee considers it to be appropriate (A) (i) reviewing, in accordance with procedural guidelines adopted by the Executive Office of the United States Trustee (which guidelines shall be applied uniformly by the United States trustee except when circumstances warrant different treatment), applications filed for compensation and reimbursement under section 330 of title 11 (ii) filing with the court comments with respect to such application and, if the United States Trustee considers it to be appropriate, objections to such application; (B) monitoring plans and disclosure statements filed in cases under chapter 11 of title 11 and filing with the court, in connection with hearings under sections 1125 and 1128 of such title, comments with respect to such plans and disclosure statements; (C) monitoring plans filed under chapters 12 and 13 of title 11 and filing with the court, in connection with hearings under sections 1224, 1229, 1324, and 1329 of such title, comments with respect to such plans; (D) taking such action as the United States trustee deems to be appropriate to ensure that all reports, schedules, and fees required to be filed under title 11 and this title by the debtor are properly and timely filed; (E) monitoring creditors committees appointed under title 11; (F) notifying the appropriate United States attorney of matters which relate to the occurrence of any action which may constitute a crime under the laws of the United States and, on the request of the United States attorney, assisting the United States attorney in carrying out prosecutions based on such action; (G) monitoring the progress of cases under title 11 and taking such actions as the United States trustee deems to be appropriate to prevent undue delay in such progress; (H) in small business cases (as defined in section 101 of title 11 (I) monitoring applications filed under section 327 of title 11 (4) deposit or invest under section 345 of title 11 (5) perform the duties prescribed for the United States trustee under title 11 and this title, and such duties consistent with title 11 and this title as the Attorney General may prescribe; (6) make such reports as the Attorney General directs, including the results of audits performed under section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005; (7) in each of such small business cases (A) conduct an initial debtor interview as soon as practicable after the date of the order for relief but before the first meeting scheduled under section 341(a) of title 11 (i) begin to investigate the debtors viability; (ii) inquire about the debtors business plan; (iii) explain the debtors obligations to file monthly operating reports and other required reports; (iv) attempt to develop an agreed scheduling order; and (v) inform the debtor of other obligations; (B) if determined to be appropriate and advisable, visit the appropriate business premises of the debtor, ascertain the state of the debtors books and records, and verify that the debtor has filed its tax returns; and (C) review and monitor diligently the debtors activities, to determine as promptly as possible whether the debtor will be unable to confirm a plan; and (8) in any case in which the United States trustee finds material grounds for any relief under section 1112 of title 11 (b) If the number of cases under subchapter V of chapter 11 or chapter 12 or 13 of title 11 commenced in a particular region so warrants, the United States trustee for such region may, subject to the approval of the Attorney General, appoint one or more individuals to serve as standing trustee, or designate one or more assistant United States trustees to serve in cases under such chapter. The United States trustee for such region shall supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee. (c) Each United States trustee shall be under the general supervision of the Attorney General, who shall provide general coordination and assistance to the United States trustees. (d) (1) The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under paragraph (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee in cases under subchapter V of chapter 11 or chapter 12 or 13 of title 11. The Attorney General may not require that an individual be an attorney in order to qualify for appointment under subsection (b) of this section to serve as standing trustee in cases under subchapter V of chapter 11 or chapter 12 or 13 of title 11. (2) A trustee whose appointment under subsection (a)(1) or under subsection (b) is terminated or who ceases to be assigned to cases filed under title 11, United States Code, may obtain judicial review of the final agency decision by commencing an action in the district court of the United States for the district for which the panel to which the trustee is appointed under subsection (a)(1), or in the district court of the United States for the district in which the trustee is appointed under subsection (b) resides, after first exhausting all available administrative remedies, which if the trustee so elects, shall also include an administrative hearing on the record. Unless the trustee elects to have an administrative hearing on the record, the trustee shall be deemed to have exhausted all administrative remedies for purposes of this paragraph if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies. The Attorney General shall prescribe procedures to implement this paragraph. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based on the administrative record before the agency. (e) (1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under subchapter V of chapter 11 or chapter 12 or 13 of title 11, shall fix (A) a maximum annual compensation for such individual consisting of (i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and (ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and (B) a percentage fee not to exceed (i) in the case of a debtor who is not a family farmer, ten percent; or (ii) in the case of a debtor who is a family farmer, the sum of (I) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and (II) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000; based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. (2) Such individual shall collect such percentage fee from all payments received by such individual under plans in the cases under subchapter V of chapter 11 or chapter 12 or 13 of title 11 for which such individual serves as standing trustee. Such individual shall pay to the United States trustee, and the United States trustee shall deposit in the United States Trustee System Fund (A) any amount by which the actual compensation of such individual exceeds 5 per centum upon all payments received under plans in cases under subchapter V of chapter 11 or chapter 12 or 13 of title 11 for which such individual serves as standing trustee; and (B) any amount by which the percentage for all such cases exceeds (i) such individuals actual compensation for such cases, as adjusted under subparagraph (A) of paragraph (1); plus (ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. Subject to the approval of the Attorney General, any or all of the interest earned from the deposit of payments under plans by such individual may be utilized to pay actual, necessary expenses without regard to the percentage limitation contained in subparagraph (d)(1)(B) of this section. (3) After first exhausting all available administrative remedies, an individual appointed under subsection (b) may obtain judicial review of final agency action to deny a claim of actual, necessary expenses under this subsection by commencing an action in the district court of the United States for the district where the individual resides. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based upon the administrative record before the agency. (4) The Attorney General shall prescribe procedures to implement this subsection. (5) In the event that the services of the trustee in a case under subchapter V of chapter 11 of title 11 are terminated by dismissal or conversion of the case, or upon substantial consummation of a plan under section 1183(c)(1) of that title, the court shall award compensation to the trustee consistent with services performed by the trustee and the limits on the compensation of the trustee established pursuant to paragraph (1) of this subsection. (f) (1) The United States trustee for each district is authorized to contract with auditors to perform audits in cases designated by the United States trustee, in accordance with the procedures established under section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. (2) (A) The report of each audit referred to in paragraph (1) shall be filed with the court and transmitted to the United States trustee. Each report shall clearly and conspicuously specify any material misstatement of income or expenditures or of assets identified by the person performing the audit. In any case in which a material misstatement of income or expenditures or of assets has been reported, the clerk of the district court (or the clerk of the bankruptcy court if one is certified under section 156(b) of this title (B) If a material misstatement of income or expenditures or of assets is reported, the United States trustee shall (i) report the material misstatement, if appropriate, to the United States Attorney pursuant to section 3057 of title 18 (ii) if advisable, take appropriate action, including but not limited to commencing an adversary proceeding to revoke the debtors discharge pursuant to section 727(d) of title 11 (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2663 Pub. L. 99554, title I,  113 Oct. 27, 1986 100 Stat. 3091 Pub. L. 101509, title V,  529 [title I,  110(a)] Nov. 5, 1990 104 Stat. 1427 Pub. L. 103394, title II,  224(a) Oct. 22, 1994 108 Stat. 4130 Pub. L. 1098, title IV,  439 Apr. 20, 2005 119 Stat. 113 Pub. L. 111327,  2(c)(3) Dec. 22, 2010 124 Stat. 3563 Pub. L. 11654,  4(b)(1) Aug. 23, 2019 133 Stat. 1086  Editorial Notes  References in Text Section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, referred to in subsecs. (a)(6) and (f)(1), is section 603(a) of Pub. L. 1098 Level V of the Executive Schedule, referred to in subsec. (e)(1)(A)(i), is set out in section 5316 of Title 5 Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Amendments 2019Subsec. (a)(3). Pub. L. 11654,  4(b)(1)(A) Subsec. (b). Pub. L. 11654,  4(b)(1)(B) Subsec. (d)(1). Pub. L. 11654,  4(b)(1)(C) Subsec. (e)(1), (2). Pub. L. 11654,  4(b)(1)(D)(i) Subsec. (e)(5). Pub. L. 11654,  4(b)(1)(D)(iii) 2010Subsec. (a)(3)(A)(ii). Pub. L. 111327,  2(c)(3)(A) Subsec. (a)(7)(C). Pub. L. 111327,  2(c)(3)(B) Subsec. (a)(8). Pub. L. 111327,  2(c)(3)(C) 2005Subsec. (a)(3). Pub. L. 1098,  802(c)(3) Subsec. (a)(3)(H), (I). Pub. L. 1098,  439(1) Subsec. (a)(6). Pub. L. 1098,  603(b)(1) Subsec. (a)(7), (8). Pub. L. 1098,  439(2) Subsec. (d). Pub. L. 1098,  1231(a) Subsec. (e)(3), (4). Pub. L. 1098,  1231(b) Subsec. (f). Pub. L. 1098,  603(b)(2) 1994Subsec. (a)(3). Pub. L. 103394 section 330 of title 11 1990Subsec. (e)(1)(A). Pub. L. 101509 section 5332 of title 5 1986Subsec. (a). Pub. L. 99554,  113(a)(1) Subsec. (a)(3). Pub. L. 99554,  113(a)(2) Subsec. (a)(5). Pub. L. 99554,  113(a)(3) Subsec. (b). Pub. L. 99554,  113(b) Subsec. (d). Pub. L. 99554,  113(c) Subsec. (e). Pub. L. 99554,  113(c) (1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under chapter 13 of title 11, shall fix (A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS16 of the General Schedule prescribed under section 5332 of title 5 (B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. (2) Such individual shall collect such percentage fee from all payments under plans in the cases under chapter 13 of title 11 for which such individual serves as standing trustee. Such individual shall pay to the United States trustee, and the United States trustee shall pay to the Treasury (A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under chapter 13 of title 11 for which such individual serves as standing trustee; and (B) any amount by which the percentage for all such cases exceeds (i) such individual actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus (ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment Amendment by Pub. L. 11654 Aug. 23, 2019 section 5 of Pub. L. 11654 section 101 of Title 11 Effective Date of 2005 Amendment Amendment by sections 439, 802(c)(3), and 1231 of Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Amendment by section 603(b) of Pub. L. 1098 Apr. 20, 2005 section 603(e) of Pub. L. 1098 section 521 of Title 11 Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of Title 11 Effective Date of 1990 Amendment Amendment by Pub. L. 101509 Nov. 5, 1990 Pub. L. 101509 section 5301 of Title 5 Effective Date of 1986 Amendment Effective date and applicability of amendment by Pub. L. 99554 Pub. L. 99554 section 581 of this title Audit Procedures Pub. L. 1098, title VI,  603(a) Apr. 20, 2005 119 Stat. 122  (1)  Establishment of procedures The Attorney General (in judicial districts served by United States trustees) and the Judicial Conference of the United States (in judicial districts served by bankruptcy administrators) shall establish procedures to determine the accuracy, veracity, and completeness of petitions, schedules, and other information that the debtor is required to provide under sections 521 and 1322 of title 11, United States Code, and, if applicable, section 111 of such title, in cases filed under chapter 7 or 13 of such title in which the debtor is an individual. Such audits shall be in accordance with generally accepted auditing standards and performed by independent certified public accountants or independent licensed public accountants, provided that the Attorney General and the Judicial Conference, as appropriate, may develop alternative auditing standards not later than 2 years after the date of enactment of this Act [ Apr. 20, 2005 (2)  Procedures Those procedures required by paragraph (1) shall (A) establish a method of selecting appropriate qualified persons to contract to perform those audits; (B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be selected for audit; (C) require audits of schedules of income and expenses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by reason of higher income or higher expenses than the statistical norm of the district in which the schedules were filed; and (D) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits including the percentage of cases, by district, in which a material misstatement of income or expenditures is reported. Application to All Standing Trustees Pub. L. 101509, title V,  529 [title I,  110(b)] Nov. 5, 1990 104 Stat. 1427 The amendment made by subsection (a) [amending this section] shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 ( Public Law 9954 Pub. L. 99554 100 Stat. 3121 section 581 of this title  587. Salaries  Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5 (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2664 Pub. L. 99554, title I,  114(a) Oct. 27, 1986 100 Stat. 3093  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Amendments 1986 Pub. L. 99554 section 5332 of title 5 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title  588. Expenses  Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2664  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title  589. Staff and other employees  The United States trustee may employ staff and other employees on approval of the Attorney General. (Added Pub. L. 95598, title II,  224(a) Nov. 6, 1978 92 Stat. 2664  Editorial Notes Codification Section 408(c) of Pub. L. 95598 section 307(b) of Pub. L. 99554 section 581 of this title Statutory Notes and Related Subsidiaries Temporary Suspension of Limitation on Appointments Pub. L. 99554, title I,  114(b) Oct. 27, 1986 100 Stat. 3093 During the period beginning on the effective date of this Act [see section 302 of Pub. L. 99554 section 581 of this title October 1, 1989 section 589 of title 28  589a. United States Trustee System Fund (a) There is hereby established in the Treasury of the United States a special fund to be known as the United States Trustee System Fund (hereinafter in this section referred to as the Fund). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees (1) salaries and related employee benefits; (2) travel and transportation; (3) rental of space; (4) communication, utilities, and miscellaneous computer charges; (5) security investigations and audits; (6) supplies, books, and other materials for legal research; (7) furniture and equipment; (8) miscellaneous services, including those obtained by contract; and (9) printing. (b) For the purpose of recovering the cost of services of the United States Trustee System, there shall be deposited as offsetting collections to the appropriation United States Trustee System Fund, to remain available until expended, the following (1) (A) 40.46 percent of the fees collected under section 1930(a)(1)(A); and (B) 28.33 percent of the fees collected under section 1930(a)(1)(B); (2) 48.89 percent of the fees collected under section 1930(a)(3) of this title (3) one-half of the fees collected under section 1930(a)(4) of this title (4) one-half of the fees collected under section 1930(a)(5) of this title (5) 100 percent of the fees collected under section 1930(a)(6) of this title 1 1 (6) three-fourths of the fees collected under the last sentence of section 1930(a) of this title (7) the compensation of trustees received under section 330(d) of title 11 (8) excess fees collected under section 586(e)(2) of this title (9) interest earned on Fund investment; and (10) fines imposed under section 110( l (c) Amounts in the Fund which are not currently needed for the purposes specified in subsections (a) and (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. (d) The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed report on the amounts deposited in the Fund and a description of expenditures made under this section. (e) There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a). (f) (1) During each of fiscal years 2021 through 2026 and notwithstanding subsection (b)(5), the fees collected under section 1930(a)(6), less the amount specified in paragraph (2), shall be deposited as follows, in the following order: (A) First, the amounts needed to offset the amount specified in the Department of Justice appropriations for that fiscal year, shall be deposited as discretionary offsetting collections to the United States Trustee System Fund, pursuant to subsection (a), to remain available until expended. (B) Second, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to reimburse the judiciary for the costs of administering payments under section 330(e) of title 11 (C) Third, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to pay trustee compensation authorized by section 330(e)(2) of title 11 section 330(e) of title 11 section 330(b) of title 11 (D) Fourth, any remaining amounts shall be deposited as discretionary offsetting collections to the United States Trustee System Fund, to remain available until expended. (2) Notwithstanding subsection (b), for each of fiscal years 2021 through 2026, $5,400,000 of the fees collected under section 1930(a)(6) shall be deposited in the general fund of the Treasury. (Added Pub. L. 99554, title I,  115(a) Oct. 27, 1986 100 Stat. 3094 Pub. L. 101162, title IV,  406(c) Nov. 21, 1989 103 Stat. 1016 Pub. L. 102140, title I,  111(b) Oct. 28, 1991 105 Stat. 795 Pub. L. 103121, title I,  111(a)(2) Oct. 27, 1993 107 Stat. 1164 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 11 Pub. L. 10499, title II,  211 Jan. 26, 1996 110 Stat. 37 Pub. L. 104208, div. A, title I,  101(a) [title I,  109(b)] Sept. 30, 1996 110 Stat. 3009 Pub. L. 106113, div. B,  1000(a)(1) [title I, title I,  113] Nov. 29, 1999 113 Stat. 1535 Pub. L. 1098, title III,  325(b) Apr. 20, 2005 119 Stat. 99 Pub. L. 10913, div. A, title VI,  6058(a) May 11, 2005 119 Stat. 297 Pub. L. 110161, div. B, title II,  212(a) Dec. 26, 2007 121 Stat. 1914 Pub. L. 112121,  3(b) May 25, 2012 126 Stat. 348 Pub. L. 116325,  3(b) Jan. 12, 2021 134 Stat. 5087 Pub. L. 117151,  2(g) June 21, 2022 136 Stat. 1299  Editorial Notes Codification Amendment by Pub. L. 10491 Dec. 6, 1995 Pub. L. 10491 Amendments 2022Subsec. (c). Pub. L. 117151,  2(g)(1) Subsec. (f)(1). Pub. L. 117151,  2(g)(2)(A) Subsec. (f)(1)(A). Pub. L. 117151,  2(g)(2)(B) 2021Subsec. (f). Pub. L. 116325 2012Subsec. (b)(2). Pub. L. 112121 2007Subsec. (b)(10). Pub. L. 110161 2005Subsec. (b)(1). Pub. L. 1098,  325(b)(1) Pub. L. 10913,  6058(a) section 1930(a)(1) of this title Subsec. (b)(2). Pub. L. 1098,  325(b)(2) Pub. L. 10913,  6058(a) 1999Subsec. (b)(1). Pub. L. 106113,  1000(a)(1) [title I,  113] Subsec. (b)(9). Pub. L. 106113,  1000(a)(1) [title I] 1996 Pub. L. 104208 Subsec. (b)(5). Pub. L. 10491 Pub. L. 10499 Subsec. (f)(2). Pub. L. 10491 Pub. L. 10499 Subsec. (f)(3). Pub. L. 10491 Pub. L. 10499 1993Subsec. (b)(1). Pub. L. 103121,  111(a)(2) Subsec. (b)(2). Pub. L. 103121,  111(b)(2) Subsec. (f)(1). Pub. L. 103121,  111(b)(3) 1991Subsec. (b)(2). Pub. L. 102140,  111(b)(1) Subsec. (b)(5). Pub. L. 102140,  111(b)(2) Subsec. (f). Pub. L. 102140,  111(c) 1989Subsec. (b)(1). Pub. L. 101162 Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Pub. L. 117151,  2(h)(3) June 21, 2022 136 Stat. 1300 The amendments made by subsection (g) [amending this section] shall take effect as if enacted on October 1, 2021 Effective Date of 2012 Amendment Pub. L. 112121,  3(e) May 25, 2012 126 Stat. 349 This section [amending this section and section 1930 of this title section 1931 of this title May 25, 2012 Effective Date of 2005 Amendments Pub. L. 10913, div. A, title VI,  6058(b) May 11, 2005 119 Stat. 297 This section [amending this section and section 1930 of this title Pub. L. 1098 Apr. 20, 2005 Pub. L. 1098, title III,  325(d) Apr. 20, 2005 119 Stat. 99 Pub. L. 1098,  325(b) Apr. 20, 2005 section 325 of Pub. L. 1098 Pub. L. 10913, div. A, title VI,  6058(a) May 11, 2005 119 Stat. 297 Effective Date of 1999 Amendment Pub. L. 106113, div. B,  1000(a)(1) [title I,  113] Nov. 29, 1999 113 Stat. 1535 Nov. 29, 1999 Effective Date of 1996 Amendment Pub. L. 104208, div. A, title I,  101(a) [title I,  109(c)] Sept. 30, 1996 110 Stat. 3009 Notwithstanding any other provision of law or of this Act, the amendments to 28 U.S.C. 589a Sept. 30, 1996 Effective Date of 1993 Amendment Pub. L. 103121, title I,  111(a) Oct. 27, 1993 107 Stat. 1164 Oct. 27, 1993 Pub. L. 103121, title I,  111(b) Oct. 27, 1993 107 Stat. 1164 Oct. 27, 1993 Effective Date of 1991 Amendment Pub. L. 102140, title I,  111 Oct. 28, 1991 105 Stat. 795 Oct. 28, 1991 Effective Date Section effective 30 days after Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title Deposits of Fees Under Section 1930(a)(6) of This Title for Certain Fiscal Years Pub. L. 116325,  3(a) Jan. 12, 2021 134 Stat. 5087  Notwithstanding section 589a(b) of title 28 (1) the fees collected under section 1930(a)(6) of such title, less the amount specified in subparagraph [sic] (2), shall be deposited as specified in subsection (b) [amending this section]; and (2) $5,400,000 of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury. Pub. L. 11572, div. B,  1004(b) Oct. 26, 2017 131 Stat. 1232  Notwithstanding section 589a(b) of title 28 (1) 98 percent of the fees collected under section 1930(a)(6) of such title shall be deposited as offsetting collections to the appropriation United States Trustee System Fund, to remain available until expended; and (2) 2 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury.  589b. Bankruptcy data (a)  Rules The Attorney General shall, within a reasonable time after the effective date of this section, issue rules requiring uniform forms for (and from time to time thereafter to appropriately modify and approve) (1) final reports by trustees in cases under subchapter V of chapter 11 and chapters 7, 12, and 13 of title 11; and (2) periodic reports by debtors in possession or trustees in cases under chapter 11 of title 11. (b)  Reports Each report referred to in subsection (a) shall be designed (and the requirements as to place and manner of filing shall be established) so as to facilitate compilation of data and maximum possible access of the public, both by physical inspection at one or more central filing locations, and by electronic access through the Internet or other appropriate media. (c)  Required Information The information required to be filed in the reports referred to in subsection (b) shall be that which is in the best interests of debtors and creditors, and in the public interest in reasonable and adequate information to evaluate the efficiency and practicality of the Federal bankruptcy system. In issuing rules proposing the forms referred to in subsection (a), the Attorney General shall strike the best achievable practical balance between (1) the reasonable needs of the public for information about the operational results of the Federal bankruptcy system; (2) economy, simplicity, and lack of undue burden on persons with a duty to file reports; and (3) appropriate privacy concerns and safeguards. (d)  Final Reports The uniform forms for final reports required under subsection (a) for use by trustees under subchapter V of chapter 11 and chapters 7, 12, and 13 of title 11 shall, in addition to such other matters as are required by law or as the Attorney General in the discretion of the Attorney General shall propose, include with respect to a case under such title (1) information about the length of time the case was pending; (2) assets abandoned; (3) assets exempted; (4) receipts and disbursements of the estate; (5) expenses of administration, including for use under section 707(b), actual costs of administering cases under chapter 13 of title 11; (6) claims asserted; (7) claims allowed; and (8) distributions to claimants and claims discharged without payment, in each case by appropriate category and, in cases under subchapter V of chapter 11 and chapters 12 and 13 of title 11, date of confirmation of the plan, each modification thereto, and defaults by the debtor in performance under the plan. (e)  Periodic Reports The uniform forms for periodic reports required under subsection (a) for use by trustees or debtors in possession under chapter 11 of title 11 shall, in addition to such other matters as are required by law or as the Attorney General in the discretion of the Attorney General shall propose, include (1) information about the industry classification, published by the Department of Commerce, for the businesses conducted by the debtor; (2) length of time the case has been pending; (3) number of full-time employees as of the date of the order for relief and at the end of each reporting period since the case was filed; (4) cash receipts, cash disbursements and profitability of the debtor for the most recent period and cumulatively since the date of the order for relief; (5) compliance with title 11, whether or not tax returns and tax payments since the date of the order for relief have been timely filed and made; (6) all professional fees approved by the court in the case for the most recent period and cumulatively since the date of the order for relief (separately reported, for the professional fees incurred by or on behalf of the debtor, between those that would have been incurred absent a bankruptcy case and those not); and (7) plans of reorganization filed and confirmed and, with respect thereto, by class, the recoveries of the holders, expressed in aggregate dollar values and, in the case of claims, as a percentage of total claims of the class allowed. (Added Pub. L. 1098, title VI,  602(a) Apr. 20, 2005 119 Stat. 120 Pub. L. 11654,  4(b)(2) Aug. 23, 2019 133 Stat. 1086  Editorial Notes  References in Text For the effective date of this section, referred to in subsec. (a), see Effective Date note set out below. Amendments 2019Subsec. (a)(1). Pub. L. 11654,  4(b)(2)(A) Subsec. (d). Pub. L. 11654,  4(b)(2)(B) Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment Amendment by Pub. L. 11654 Aug. 23, 2019 section 5 of Pub. L. 11654 section 101 of Title 11 Effective Date Section effective 180 days after Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 CHAPTER 40 INDEPENDENT COUNSEL    Sec.  591. Applicability of provisions of this chapter.  592. Preliminary investigation and application for appointment of an independent counsel.  593. Duties of the division of the court.  594. Authority and duties of an independent counsel.  595. Congressional oversight.  596. Removal of an independent counsel; termination of office.  597. Relationship with Department of Justice.  598. Severability.  599. Termination of effect of chapter.  Editorial Notes Amendments 1987 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1293 1986 Pub. L. 99554, title I,  144(g)(1) Oct. 27, 1986 100 Stat. 3097 1983 Pub. L. 97409,  2(a)(1)(A) Jan. 3, 1983 96 Stat. 2039  591. Applicability of provisions of this chapter (a)  Preliminary Investigation With Respect to Certain Covered Persons The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction. (b)  Persons to Whom Subsection Applies The persons referred to in subsection (a) are (1) the President and Vice President; (2) any individual serving in a position listed in section 5312 of title 5 (3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5 (4) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under section 5314 of title 5 (5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; (6) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and (7) any individual who held an office or position described in paragraph (1), (2), (3), (4), or (5) for 1 year after leaving the office or position. (c)  Preliminary Investigation With Respect to Other Persons. (1)  In general When the Attorney General determines that an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have violated Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction. (2)  Members of congress When the Attorney General determines that it would be in the public interest, the Attorney General may conduct a preliminary investigation in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction. (d)  Examination of Information to Determine Need for Preliminary Investigation. (1)  Factors to be considered In determining under subsection (a) or (c) (or section 592(c)(2)) whether grounds to investigate exist, the Attorney General shall consider only (A) the specificity of the information received; and (B) the credibility of the source of the information. (2)  Time period for making determination The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received. If within that 30-day period the Attorney General determines that the information is not specific or is not from a credible source, then the Attorney General shall close the matter. If within that 30-day period the Attorney General determines that the information is specific and from a credible source, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 30-day period, whether the information is specific and from a credible source, the Attorney General shall, at the end of that 30-day period, commence a preliminary investigation with respect to that information. (e)  Recusal of Attorney General. (1)  When recusal is required (A) If information received under this chapter involves the Attorney General, the next most senior official in the Department of Justice who is not also recused shall perform the duties assigned under this chapter to the Attorney General. (B) If information received under this chapter involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse himself or herself by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this chapter to the Attorney General. (2)  Requirements for recusal determination Before personally making any other determination under this chapter with respect to information received under this chapter, the Attorney General shall determine under paragraph (1)(B) whether recusal is necessary. The Attorney General shall set forth this determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal. The Attorney General shall file this determination with any notification or application submitted to the division of the court under this chapter with respect to such information. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1867 Pub. L. 97409 Jan. 3, 1983 96 Stat. 2039 Pub. L. 98473, title II,  228(b) Oct. 12, 1984 98 Stat. 2030 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1293 Pub. L. 103270 June 30, 1994 108 Stat. 735  Editorial Notes Amendments 1994Subsec. (b)(6) to (8). Pub. L. 103270,  4(b) (6) any individual who leaves any office or position described in any of paragraphs (1) through (5) of this subsection, during the incumbency of the President under whom such individual served in the office or position plus one year after such incumbency, but in no event longer than a period of three years after the individual leaves the office or position; (7) any individual who held an office or position described in any of paragraphs (1) through (5) of this subsection during the incumbency of one President and who continued to hold the office or position for not more than 90 days into the term of the next President, during the 1-year period after the individual leaves the office or position; and. Subsec. (c). Pub. L. 103270,  4(a) Preliminary Investigation With Respect to Persons Not Listed in Subsection (1) the Attorney General receives information sufficient to constitute grounds to investigate whether any person other than a person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction; and (2) the Attorney General determines that an investigation or prosecution of the person, with respect to the information received, by the Attorney General or other officer of the Department of Justice may result in a personal, financial, or political conflict of interest. Subsec. (d)(2). Pub. L. 103270,  3(j) Subsec. (e). Pub. L. 103270,  3(k) Recusal of Attorney General. (1) When recusal is required (2) Requirements for recusal determination 1987 Pub. L. 100191 1984Subsec. (a). Pub. L. 98473 1983Subsec. (a). Pub. L. 97409,  4(a)(1) Subsec. (b)(3). Pub. L. 97409,  3 Subsec. (b)(4), (5). Pub. L. 97409,  3 Subsec. (b)(6). Pub. L. 97409,  3 Subsec. (b)(7). Pub. L. 97409,  3 Subsec. (b)(8). Pub. L. 97409,  3 Subsec. (c). Pub. L. 97409,  4(a)(2) Statutory Notes and Related Subsidiaries  Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458 section 3001 of Title 50 Effective Date of 1994 Amendment; Transition Provisions Pub. L. 103270,  7 June 30, 1994 108 Stat. 737  (a)  In General Except as provided in this section, the amendments made by this Act [amending this section and sections 592 to 596 and 599 of this title] shall apply with respect to independent counsels appointed before, on, or after the date of enactment of this Act [ June 30, 1994 (b)  Assignment of Employee To Certify Expenditures An independent counsel appointed prior to the date of enactment of this Act shall assign to an employee the duty of certifying expenditures, as required by section 594( l (c)  Office Space The Administrator of General Services, in applying section 594( l (d)  Travel And Subsistence Expenses For purposes of the restrictions on reimbursement of travel and subsistence expenses of an independent counsel and employees of an office of independent counsel contained in paragraph (3) of section 594(b) of title 28 (e)  Rates of Compensation The limitation on rates of compensation of employees of an office of independent counsel contained in the last sentence of section 594(c) of title 28 (f)  Periodic Reappointment The determinations by the division of the court contained in the last sentence of section 596(b)(2) of title 28 (g)  Reporting Requirements No amendment made by this Act that establishes or modifies a requirement that any person submit a report to any other person with respect to an activity occurring during any time period shall be construed to require that a report submitted prior to the date of enactment of this Act, with respect to that time period be supplemented to include information with respect to such activity. (h)  Regulatory Independent Counsel Notwithstanding the restriction in section 593(b)(2) of title 28 (i)  White House Personnel Report Section 6 [enacting provisions set out as a note under section 113 of Title 3 January 1, 1995 Effective Date of 1987 Amendment Pub. L. 100191,  6 Dec. 15, 1987 101 Stat. 1307  (a)  In General Subject to subsection (b), the amendments made by this Act [enacting section 599 of this title Pub. L. 95521 section 202 of Title 18 section 1 of this title Dec. 15, 1987 (b)  Pending Proceedings With respect to any proceeding under chapter 39 of title 28, United States Code (before the redesignation of such chapter as chapter 40 by section 144(g) of Public Law 99554 Dec. 15, 1987 (1) Except as provided in paragraphs (2) and (3), the provisions of chapter 40 of such title as in effect on the day before such date of enactment shall, in lieu of the amendments made by this Act, continue to apply on or after such date to such proceeding until such proceeding is terminated in accordance with such chapter. (2) The following provisions shall apply to such proceeding on or after such date of enactment: (A)  Section 593(f) of title 28 (B) Section 594(d)(2) of such title, as added by section 2 of this Act, to the extent that such section 594(d)(2) relates to reports by the Attorney General on expenditures by independent counsel, except that the first such report shall be made only with respect to expenditures on or after the date of the enactment of this Act. (C) Section 594(h)(1)(A) of such title, as added by section 2 of this Act, relating to reports by independent counsel, except that the 6-month periods described in such section 594(h)(1)(A) shall be calculated from the date of the enactment of this Act. (D) Section 594(i) of such title, as added by section 2 of this Act, relating to the independence of the office of independent counsel for certain purposes. (E) Section 594(k) of such title, as added by section 2 of this Act, relating to custody of records of independent counsel. (F) Section 596(a)(3) of such title, as amended by section 2 of this Act, relating to judicial review of the removal of an independent counsel from office. (G) Section 596(c) of such title, as added by section 2 of this Act, relating to audits of expenditures of independent counsel. (H) The amendments made by section 3 of this Act [amending sections 203 and 205 of Pub. L. 95521 section 202 of Title 18 (3)  Section 594(j) of title 28 Effective Date of 1984 Amendment Pub. L. 98473, title II,  235(a)(1)(B)(ii)(IV) Oct. 12, 1984 98 Stat. 2032 Pub. L. 98473 Oct. 12, 1984 Effective Date Pub. L. 95521, title VI,  604 Oct. 26, 1978 92 Stat. 1875  Except as provided in this section, the amendments made by this title [enacting this chapter and sections 49, 528, and 529 of this title] shall take effect on the date of the enactment of this Act [ Oct. 26, 1978 (1) such specific information is directly related to a prosecution pending at the time such specific information is received by the Attorney General; (2) such specific information is related to a matter which has been presented to a grand jury and is received by the Attorney General within one hundred and eighty days of the date of the enactment of this Act; or (3) such specific information is related to an investigation that is pending at the time such specific information is received by the Attorney General, and such specific information is received by the Attorney General within ninety days of the date of the enactment of this Act. Permanent Appropriation for Expenses of Independent Counsels Pub. L. 100202,  101(a) [title II] Dec. 22, 1987 101 Stat. 1329 Pub. L. 11168, div. A, title I,  1501(d) Oct. 1, 2009 123 Stat. 2041 That a permanent indefinite appropriation is established within the Department of Justice to pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to the provisions of 28 U.S.C. 591 Contingency Fund for Independent Counsels Pub. L. 95521, title VI,  601(c) Oct. 26, 1978 92 Stat. 1873 Pub. L. 97409,  2(c)(2) Jan. 3, 1983 96 Stat. 2039 Pub. L. 100191,  5(b) Dec. 15, 1987 101 Stat. 1307 There are authorized to be appropriated for each fiscal year such sums as may be necessary, to be held by the Department of Justice as a contingent fund for the use of any independent counsels appointed under chapter 40 (relating to independent counsels) of title 28 of the United States Code in the carrying out of functions under such chapter.  592. Preliminary investigation and application for appointment of an independent counsel (a)  Conduct of Preliminary Investigation. (1)  In general A preliminary investigation conducted under this chapter shall be of such matters as the Attorney General considers appropriate in order to make a determination, under subsection (b) or (c), on whether further investigation is warranted, with respect to each potential violation, or allegation of a violation, of criminal law. The Attorney General shall make such determination not later than 90 days after the preliminary investigation is commenced, except that, in the case of a preliminary investigation commenced after a congressional request under subsection (g), the Attorney General shall make such determination not later than 90 days after the request is received. The Attorney General shall promptly notify the division of the court specified in section 593(a) of the commencement of such preliminary investigation and the date of such commencement. (2)  Limited authority of attorney general (A) In conducting preliminary investigations under this chapter, the Attorney General shall have no authority to convene grand juries, plea bargain, grant immunity, or issue subpoenas. (B) (i) The Attorney General shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that such person lacked the state of mind required for the violation of criminal law. (ii) The Attorney General shall not base a determination under this chapter that there are no reasonable grounds to believe that further investigation is warranted, upon a determination that such person lacked the state of mind required for the violation of criminal law involved, unless there is clear and convincing evidence that the person lacked such state of mind. (3)  Extension of time for preliminary investigation The Attorney General may apply to the division of the court for a single extension, for a period of not more than 60 days, of the 90-day period referred to in paragraph (1). The division of the court may, upon a showing of good cause, grant such extension. (b)  Determination That Further Investigation Not Warranted. (1)  Notification of division of the court If the Attorney General, upon completion of a preliminary investigation under this chapter, determines that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court, and the division of the court shall have no power to appoint an independent counsel with respect to the matters involved. (2)  Form of notification Such notification shall contain a summary of the information received and a summary of the results of the preliminary investigation. (c)  Determination That Further Investigation is Warranted. (1)  Application for appointment of independent counsel The Attorney General shall apply to the division of the court for the appointment of an independent counsel if (A) the Attorney General, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or (B) the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(1). In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations. (2)  Receipt of additional information If, after submitting a notification under subsection (b)(1), the Attorney General receives additional information sufficient to constitute grounds to investigate the matters to which such notification related, the Attorney General shall (A) conduct such additional preliminary investigation as the Attorney General considers appropriate for a period of not more than 90 days after the date on which such additional information is received; and (B) otherwise comply with the provisions of this section with respect to such additional preliminary investigation to the same extent as any other preliminary investigation under this section. (d)  Contents of Application Any application for the appointment of an independent counsel under this chapter shall contain sufficient information to assist the division of the court in selecting an independent counsel and in defining that independent counsels prosecutorial jurisdiction so that the independent counsel has adequate authority to fully investigate and prosecute the subject matter and all matters related to that subject matter. (e)  Disclosure of Information Except as otherwise provided in this chapter or as is deemed necessary for law enforcement purposes, no officer or employee of the Department of Justice or an office of independent counsel may, without leave of the division of the court, disclose to any individual outside the Department of Justice or such office any notification, application, or any other document, materials, or memorandum supplied to the division of the court under this chapter. Nothing in this chapter shall be construed as authorizing the withholding of information from the Congress. (f)  Limitation on Judicial Review The Attorney Generals determination under this chapter to apply to the division of the court for the appointment of an independent counsel shall not be reviewable in any court. (g)  Congressional Request. (1)  By judiciary committee or members thereof The Committee on the Judiciary of either House of the Congress, or a majority of majority party members or a majority of all nonmajority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel. (2)  Report by attorney general pursuant to request Not later than 30 days after the receipt of a request under paragraph (1), the Attorney General shall submit, to the committee making the request, or to the committee on which the persons making the request serve, a report on whether the Attorney General has begun or will begin a preliminary investigation under this chapter of the matters with respect to which the request is made, in accordance with subsection (a) or (c) of section 591, as the case may be. The report shall set forth the reasons for the Attorney Generals decision regarding such preliminary investigation as it relates to each of the matters with respect to which the congressional request is made. If there is such a preliminary investigation, the report shall include the date on which the preliminary investigation began or will begin. (3)  Submission of information in response to congressional request At the same time as any notification, application, or any other document, material, or memorandum is supplied to the division of the court pursuant to this section with respect to a preliminary investigation of any matter with respect to which a request is made under paragraph (1), such notification, application, or other document, material, or memorandum shall be supplied to the committee making the request, or to the committee on which the persons making the request serve. If no application for the appointment of an independent counsel is made to the division of the court under this section pursuant to such a preliminary investigation, the Attorney General shall submit a report to that committee stating the reasons why such application was not made, addressing each matter with respect to which the congressional request was made. (4)  Disclosure of information Any report, notification, application, or other document, material, or memorandum supplied to a committee under this subsection shall not be revealed to any third party, except that the committee may, either on its own initiative or upon the request of the Attorney General, make public such portion or portions of such report, notification, application, document, material, or memorandum as will not in the committees judgment prejudice the rights of any individual. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1868 Pub. L. 97409 Jan. 3, 1983 96 Stat. 20392041 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1295 Pub. L. 103270,  3 l June 30, 1994 108 Stat. 736  Editorial Notes Amendments 1994Subsec. (e). Pub. L. 103270 1987 Pub. L. 100191 1983Subsec. (a). Pub. L. 97409,  4(b) section 591 of this title section 591(b) of this title section 591(a) of this title Subsec. (b)(1). Pub. L. 97409 Subsec. (c)(1). Pub. L. 97409 Subsec. (c)(2). Pub. L. 97409,  2(a)(1)(A) Subsec. (c)(2)(A). Pub. L. 97409,  4(e)(1) Subsec. (c)(2)(B). Pub. L. 97409,  4(e)(2) Subsecs. (d)(1), (e), (f). Pub. L. 97409,  2(a)(1) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103270 June 30, 1994 section 7(a) of Pub. L. 103270 section 591 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title  593. Duties of the division of the court (a)  Reference to Division of the Court The division of the court to which this chapter refers is the division established under section 49 of this title (b)  Appointment and Jurisdiction of Independent Counsel. (1)  Authority Upon receipt of an application under section 592(c), the division of the court shall appoint an appropriate independent counsel and shall define that independent counsels prosecutorial jurisdiction. (2)  Qualifications of independent counsel The division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. The division of the court shall seek to appoint as independent counsel an individual who will serve to the extent necessary to complete the investigation and any prosecution without undue delay. The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States. (3)  Scope of prosecutorial jurisdiction In defining the independent counsels prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the Attorney General has requested the appointment of the independent counsel, and all matters related to that subject matter. Such jurisdiction shall also include the authority to investigate and prosecute Federal crimes, other than those classified as Class B or C misdemeanors or infractions, that may arise out of the investigation or prosecution of the matter with respect to which the Attorney Generals request was made, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. (4)  Disclosure of identity and prosecutorial jurisdiction An independent counsels identity and prosecutorial jurisdiction (including any expansion under subsection (c)) may not be made public except upon the request of the Attorney General or upon a determination of the division of the court that disclosure of the identity and prosecutorial jurisdiction of such independent counsel would be in the best interests of justice. In any event, the identity and prosecutorial jurisdiction of such independent counsel shall be made public when any indictment is returned, or any criminal information is filed, pursuant to the independent counsels investigation. (c)  Expansion of Jurisdiction. (1)  In general The division of the court, upon the request of the Attorney General, may expand the prosecutorial jurisdiction of an independent counsel, and such expansion may be in lieu of the appointment of another independent counsel. (2)  Procedure for request by independent counsel (A) If the independent counsel discovers or receives information about possible violations of criminal law by persons as provided in section 591, which are not covered by the prosecutorial jurisdiction of the independent counsel, the independent counsel may submit such information to the Attorney General. The Attorney General shall then conduct a preliminary investigation of the information in accordance with the provisions of section 592, except that such preliminary investigation shall not exceed 30 days from the date such information is received. In making the determinations required by section 592, the Attorney General shall give great weight to any recommendations of the independent counsel. (B) If the Attorney General determines, after according great weight to the recommendations of the independent counsel, that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court and the division of the court shall have no power to expand the jurisdiction of the independent counsel or to appoint another independent counsel with respect to the matters involved. (C) If (i) the Attorney General determines that there are reasonable grounds to believe that further investigation is warranted; or (ii) the 30-day period referred to in subparagraph (A) elapses without a notification to the division of the court that no further investigation is warranted, the division of the court shall expand the jurisdiction of the appropriate independent counsel to include the matters involved or shall appoint another independent counsel to investigate such matters. (d)  Return for Further Explanation Upon receipt of a notification under section 592 or subsection (c)(2)(B) of this section from the Attorney General that there are no reasonable grounds to believe that further investigation is warranted with respect to information received under this chapter, the division of the court shall have no authority to overrule this determination but may return the matter to the Attorney General for further explanation of the reasons for such determination. (e)  Vacancies If a vacancy in office arises by reason of the resignation, death, or removal of an independent counsel, the division of the court shall appoint an independent counsel to complete the work of the independent counsel whose resignation, death, or removal caused the vacancy, except that in the case of a vacancy arising by reason of the removal of an independent counsel, the division of the court may appoint an acting independent counsel to serve until any judicial review of such removal is completed. (f)  Attorneys Fees. (1)  Award of fees Upon the request of an individual who is the subject of an investigation conducted by an independent counsel pursuant to this chapter, the division of the court may, if no indictment is brought against such individual pursuant to that investigation, award reimbursement for those reasonable attorneys fees incurred by that individual during that investigation which would not have been incurred but for the requirements of this chapter. The division of the court shall notify the the 1 1 2 2 (2)  Evaluation of fees The division of the court shall direct such independent counsel and the Attorney General to file a written evaluation of any request for attorneys fees under this subsection, addressing (A) the sufficiency of the documentation; (B) the need or justification for the underlying item; (C) whether the underlying item would have been incurred but for the requirements of this chapter; and (D) the reasonableness of the amount of money requested. (g)  Disclosure of Information The division of the court may, subject to section 594(h)(2), allow the disclosure of any notification, application, or any other document, material, or memorandum supplied to the division of the court under this chapter. (h)  Amicus Curiae Briefs When presented with significant legal issues, the division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1869 Pub. L. 97409 Jan. 3, 1983 96 Stat. 2039 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1297 Pub. L. 103270,  3(n) June 30, 1994 108 Stat. 736  Editorial Notes Amendments 1994Subsec. (f)(1). Pub. L. 103270,  3(n)(1) Subsec. (f)(2). Pub. L. 103270,  3(n)(2) (A) the sufficiency of the documentation; (B) the need or justification for the underlying item; and (C) the reasonableness of the amount of money requested. 1987 Pub. L. 100191 1983Subsec. (b). Pub. L. 97409,  2(a)(1) Subsecs. (c) to (e). Pub. L. 97409,  2(a)(1)(A) Subsecs. (f), (g). Pub. L. 97409,  5 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment; Transition Provisions Amendment by Pub. L. 103270 June 30, 1994 section 49 of this title June 30, 1994 Pub. L. 103270 section 591 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title  594. Authority and duties of an independent counsel (a)  Authorities Notwithstanding any other provision of law, an independent counsel appointed under this chapter shall have, with respect to all matters in such independent counsels prosecutorial jurisdiction established under this chapter, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney Generals personal action under section 2516 of title 18 (1) conducting proceedings before grand juries and other investigations; (2) participating in court proceedings and engaging in any litigation, including civil and criminal matters, that such independent counsel considers necessary; (3) appealing any decision of a court in any case or proceeding in which such independent counsel participates in an official capacity; (4) reviewing all documentary evidence available from any source; (5) determining whether to contest the assertion of any testimonial privilege; (6) receiving appropriate national security clearances and, if necessary, contesting in court (including, where appropriate, participating in in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security; (7) making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and, for purposes of sections 6003, 6004, and 6005 of title 18, exercising the authority vested in a United States attorney or the Attorney General; (8) inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General; (9) initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States; and (10) consulting with the United States attorney for the district in which any violation of law with respect to which the independent counsel is appointed was alleged to have occurred. (b)  Compensation. (1)  In general An independent counsel appointed under this chapter shall receive compensation at the per diem rate equal to the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 (2)  Travel expenses Except as provided in paragraph (3), an independent counsel and persons appointed under subsection (c) shall be entitled to the payment of travel expenses as provided by subchapter I of chapter 57 of title 5, United States Code, including travel, per diem, and subsistence expenses in accordance with section 5703 of title 5 (3)  Travel to primary office. (A)  In general After 1 year of service under this chapter, an independent counsel and persons appointed under subsection (c) shall not be entitled to the payment of travel, per diem, or subsistence expenses under subchapter I of chapter 57 of title 5, United States Code, for the purpose of commuting to or from the city in which the primary office of the independent counsel or person is located. The 1-year period may be extended for successive 6-month periods if the independent counsel and the division of the court certify that the payment is in the public interest to carry out the purposes of this chapter. (B)  Relevant factors In making any certification under this paragraph with respect to travel and subsistence expenses of an independent counsel or person appointed under subsection (c), the independent counsel and the division of the court shall consider, among other relevant factors (i) the cost to the Government of reimbursing such travel and subsistence expenses; (ii) the period of time for which the independent counsel anticipates that the activities of the independent counsel or person, as the case may be, will continue; (iii) the personal and financial burdens on the independent counsel or person, as the case may be, of relocating so that such travel and subsistence expenses would not be incurred; and (iv) the burdens associated with appointing a new independent counsel, or appointing another person under subsection (c), to replace the individual involved who is unable or unwilling to so relocate. (c)  Additional Personnel For the purposes of carrying out the duties of an office of independent counsel, such independent counsel may appoint, fix the compensation, and assign the duties of such employees as such independent counsel considers necessary (including investigators, attorneys, and part-time consultants). The positions of all such employees are exempted from the competitive service. Such employees shall be compensated at levels not to exceed those payable for comparable positions in the Office of United States Attorney for the District of Columbia under sections 548 and 550, but in no event shall any such employee be compensated at a rate greater than the rate of basic pay payable for level ES4 of the Senior Executive Service Schedule under section 5382 of title 5 (d)  Assistance of Department of Justice. (1)  In carrying out functions An independent counsel may request assistance from the Department of Justice in carrying out the functions of the independent counsel, and the Department of Justice shall provide that assistance, which may include access to any records, files, or other materials relevant to matters within such independent counsels prosecutorial jurisdiction, and the use of the resources and personnel necessary to perform such independent counsels duties. At the request of an independent counsel, prosecutors, administrative personnel, and other employees of the Department of Justice may be detailed to the staff of the independent counsel. (2)  Payment of and reports on expenditures of independent counsel The Department of Justice shall pay all costs relating to the establishment and operation of any office of independent counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions by independent counsel. Each such report shall include a statement of all payments made for activities of independent counsel but may not reveal the identity or prosecutorial jurisdiction of any independent counsel which has not been disclosed under section 593(b)(4). (e)  Referral of Other Matters to an Independent Counsel An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsels prosecutorial jurisdiction, and the Attorney General or the division of the court, as the case may be, may refer such matters. If the Attorney General refers a matter to an independent counsel on the Attorney Generals own initiative, the independent counsel may accept such referral if the matter relates to the independent counsels prosecutorial jurisdiction. If the Attorney General refers any matter to the independent counsel pursuant to the independent counsels request, or if the independent counsel accepts a referral made by the Attorney General on the Attorney Generals own initiative, the independent counsel shall so notify the division of the court. (f)  Compliance With Policies of the Department of Justice. (1)  In general An independent counsel shall, except to the extent that to do so would be inconsistent with the purposes of this chapter, comply with the written or other established policies of the Department of Justice respecting enforcement of the criminal laws. To determine these policies and policies under subsection ( l (2)  National security An independent counsel shall comply with guidelines and procedures used by the Department in the handling and use of classified material. (g)  Dismissal of Matters The independent counsel shall have full authority to dismiss matters within the independent counsels prosecutorial jurisdiction without conducting an investigation or at any subsequent time before prosecution, if to do so would be consistent with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws. (h)  Reports by Independent Counsel. (1)  Required reports An independent counsel shall (A) file with the division of the court, with respect to the 6-month period beginning on the date of his or her appointment, and with respect to each 6-month period thereafter until the office of that independent counsel terminates, a report which identifies and explains major expenses, and summarizes all other expenses, incurred by that office during the 6-month period with respect to which the report is filed, and estimates future expenses of that office; and (B) before the termination of the independent counsels office under section 596(b), file a final report with the division of the court, setting forth fully and completely a description of the work of the independent counsel, including the disposition of all cases brought. (2)  Disclosure of information in reports The division of the court may release to the Congress, the public, or any appropriate person, such portions of a report made under this subsection as the division of the court considers appropriate. The division of the court shall make such orders as are appropriate to protect the rights of any individual named in such report and to prevent undue interference with any pending prosecution. The division of the court may make any portion of a final report filed under paragraph (1)(B) available to any individual named in such report for the purposes of receiving within a time limit set by the division of the court any comments or factual information that such individual may submit. Such comments and factual information, in whole or in part, may, in the discretion of the division of the court, be included as an appendix to such final report. (3)  Publication of reports At the request of an independent counsel, the Director of the Government Publishing Office shall cause to be printed any report previously released to the public under paragraph (2). The independent counsel shall certify the number of copies necessary for the public, and the Director of the Government Publishing Office shall place the cost of the required number to the debit of such independent counsel. Additional copies shall be made available to the public through the depository library program and Superintendent of Documents sales program pursuant to sections 1702 and 1903 of title 44. (i)  Independence From Department of Justice Each independent counsel appointed under this chapter, and the persons appointed by that independent counsel under subsection (c), are separate from and independent of the Department of Justice for purposes of sections 202 through 209 of title 18. (j)  Standards of Conduct Applicable to Independent Counsel, Persons Serving in the Office of an Independent Counsel, and Their Law Firms. (1)  Restrictions on employment while independent counsel and appointees are serving (A) During the period in which an independent counsel is serving under this chapter (i) such independent counsel, and (ii) any person associated with a firm with which such independent counsel is associated, may not represent in any matter any person involved in any investigation or prosecution under this chapter. (B) During the period in which any person appointed by an independent counsel under subsection (c) is serving in the office of independent counsel, such person may not represent in any matter any person involved in any investigation or prosecution under this chapter. (2)  Post employment restrictions on independent counsel and appointees (A) Each independent counsel and each person appointed by that independent counsel under subsection (c) may not, for 3 years following the termination of the service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter if that individual was the subject of an investigation or prosecution under this chapter that was conducted by that independent counsel. (B) Each independent counsel and each person appointed by that independent counsel under subsection (c) may not, for 1 year following the termination of the service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter involving any investigation or prosecution under this chapter. (3)  One-year ban on representation by members of firms of independent counsel Any person who is associated with a firm with which an independent counsel is associated or becomes associated after termination of the service of that independent counsel under this chapter may not, for 1 year following such termination, represent any person in any matter involving any investigation or prosecution under this chapter. (4)  Definitions For purposes of this subsection (A) the term firm means a law firm whether organized as a partnership or corporation; and (B) a person is associated with a firm if that person is an officer, director, partner, or other member or employee of that firm. (5)  Enforcement The Attorney General and the Director of the Office of Government Ethics have authority to enforce compliance with this subsection. (k)  Custody of Records of an Independent Counsel. (1)  Transfer of records Upon termination of the office of an independent counsel, that independent counsel shall transfer to the Archivist of the United States all records which have been created or received by that office. Before this transfer, the independent counsel shall clearly identify which of these records are subject to rule 6(e) of the Federal Rules of Criminal Procedure as grand jury materials and which of these records have been classified as national security information. Any records which were compiled by an independent counsel and, upon termination of the independent counsels office, were stored with the division of the court or elsewhere before the enactment of the Independent Counsel Reauthorization Act of 1987, shall also be transferred to the Archivist of the United States by the division of the court or the person in possession of such records. (2)  Maintenance, use, and disposal of records Records transferred to the Archivist under this chapter shall be maintained, used, and disposed of in accordance with chapters 21, 29, and 33 of title 44. (3)  Access to records. (A)  In general Subject to paragraph (4), access to the records transferred to the Archivist under this chapter shall be governed by section 552 of title 5 (B)  Access by department of justice The Archivist shall, upon written application by the Attorney General, disclose any such records to the Department of Justice for purposes of an ongoing law enforcement investigation or court proceeding, except that, in the case of grand jury materials, such records shall be so disclosed only by order of the court of jurisdiction under rule 6(e) of the Federal Rules of Criminal Procedure. (C)  Exception Notwithstanding any restriction on access imposed by law, the Archivist and persons employed by the National Archives and Records Administration who are engaged in the performance of normal archival work shall be permitted access to the records transferred to the Archivist under this chapter. (4)  Records provided by congress Records of an investigation conducted by a committee of the House of Representatives or the Senate which are provided to an independent counsel to assist in an investigation or prosecution conducted by that independent counsel (A) shall be maintained as a separate body of records within the records of the independent counsel; and (B) shall, after the records have been transferred to the Archivist under this chapter, be made available, except as provided in paragraph (3)(B) and (C), in accordance with the rules governing release of the records of the House of Congress that provided the records to the independent counsel. Subparagraph (B) shall not apply to those records which have been surrendered pursuant to grand jury or court proceedings. (l) Cost Controls and Administrative Support. (1)  Cost controls. (A)  In general An independent counsel shall (i) conduct all activities with due regard for expense; (ii) authorize only reasonable and lawful expenditures; and (iii) promptly, upon taking office, assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law. (B)  Liability for invalid certification An employee making a certification under subparagraph (A)(iii) shall be liable for an invalid certification to the same extent as a certifying official certifying a voucher is liable under section 3528 of title 31 (C)  Department of justice policies An independent counsel shall comply with the established policies of the Department of Justice respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this chapter. (2)  Administrative support The Director of the Administrative Office of the United States Courts shall provide administrative support and guidance to each independent counsel. No officer or employee of the Administrative Office of the United States Courts shall disclose information related to an independent counsels expenditures, personnel, or administrative acts or arrangements without the authorization of the independent counsel. (3)  Office space The Administrator of General Services, in consultation with the Director of the Administrative Office of the United States Courts, shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less. Until such office space is provided, the Administrative Office of the United States Courts shall provide newly appointed independent counsels immediately upon appointment with appropriate, temporary office space, equipment, and supplies. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1869 Pub. L. 97409 Jan. 3, 1983 96 Stat. 2039 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1300 Pub. L. 103270,  3(a) o June 30, 1994 108 Stat. 732734 Pub. L. 104208, div. A, title I,  101(a) [title I,  118] Sept. 30, 1996 110 Stat. 3009 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Editorial Notes  References in Text Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8), is classified to section 6103 of Title 26 The Federal Rules of Criminal Procedure, referred to in subsec. (k)(1), (3)(B), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The enactment of the Independent Counsel Reauthorization Act of 1987, referred to in subsec. (k)(1), is the enactment of Pub. L. 100191 Dec. 15, 1987 Amendments 1996Subsec. (b)(3)(A). Pub. L. 104208,  101(a) [title I,  118(a), (b)] l Subsec. (b)(3)(B). Pub. L. 104208,  101(a) [title I,  118(c)] 1994Subsec. (b). Pub. L. 103270,  3(b) Subsec. (c). Pub. L. 103270,  3(c) section 5332 of title 5 Subsec. (d)(1). Pub. L. 103270,  3(m) Subsec. (f). Pub. L. 103270,  3(e) l Subsec. (h)(1)(B). Pub. L. 103270,  3 o Subsec. (h)(3). Pub. L. 103270,  3(f) Subsec. (j)(5). Pub. L. 103270,  3(d) Subsec. ( l Pub. L. 103270,  3(a) l 1987 Pub. L. 100191 1986Subsec. (a)(8). Pub. L. 99514 1983 Pub. L. 97409,  2(a)(1)(A) Subsec. (a). Pub. L. 97409,  2(a)(1) Subsec. (a)(10). Pub. L. 97409,  6(a) Subsecs. (b), (c). Pub. L. 97409,  2(a)(1)(A) Subsecs. (d), (e). Pub. L. 97409,  2(a)(1) Subsec. (f). Pub. L. 97409 Subsec. (g). Pub. L. 97409,  6(c) Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in subsec. (h)(3) on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44 Effective Date of 1994 Amendment; Transition Provisions Amendment by Pub. L. 103270 June 30, 1994 Pub. L. 103270 Pub. L. 103270 section 591 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 Dec. 15, 1987 Dec. 15, 1987 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title  595. Congressional oversight (a)  Oversight of Conduct of Independent Counsel. (1)  Congressional oversight The appropriate committees of the Congress shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this chapter, and such independent counsel shall have the duty to cooperate with the exercise of such oversight jurisdiction. (2)  Reports to congress An independent counsel appointed under this chapter shall submit to the Congress annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made. (b)  Oversight of Conduct of Attorney General Within 15 days after receiving an inquiry about a particular case under this chapter, which is a matter of public knowledge, from a committee of the Congress with jurisdiction over this chapter, the Attorney General shall provide the following information to that committee with respect to that case: (1) When the information about the case was received. (2) Whether a preliminary investigation is being conducted, and if so, the date it began. (3) Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the division of the court, and if so, the date of such filing. (c)  Information Relating to Impeachment An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives, in carrying out the independent counsels responsibilities under this chapter, that may constitute grounds for an impeachment. Nothing in this chapter or section 49 of this title (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1871 Pub. L. 97409,  2(a)(1) Jan. 3, 1983 96 Stat. 2139 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1304 Pub. L. 103270,  3(g) June 30, 1994 108 Stat. 734  Editorial Notes Amendments 1994Subsec. (a)(2). Pub. L. 103270 1987 Pub. L. 100191 1983 Pub. L. 97409,  2(a)(1) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment; Transition Provisions Amendment by Pub. L. 103270 June 30, 1994 Pub. L. 103270 Pub. L. 103270 section 591 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title  596. Removal of an independent counsel; termination of office (a)  Removal; Report on Removal. (1)  Grounds for removal An independent counsel appointed under this chapter may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from discrimination on the basis of such a disability),, 1 1 (2)  Report to division of the court and congress If an independent counsel is removed from office, the Attorney General shall promptly submit to the division of the court and the Committees on the Judiciary of the Senate and the House of Representatives a report specifying the facts found and the ultimate grounds for such removal. The committees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report. The division of the court may release any or all of such report in accordance with section 594(h)(2). (3)  Judicial review of removal An independent counsel removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. A member of the division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent counsel may be reinstated or granted other appropriate relief by order of the court. (b)  Termination of Office. (1)  Termination by action of independent counsel An office of independent counsel shall terminate when (A) the independent counsel notifies the Attorney General that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or accepted by such independent counsel under section 594(e), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions; and (B) the independent counsel files a final report in compliance with section 594(h)(1)(B). (2)  Termination by division of the court The division of the court, either on its own motion or upon the request of the Attorney General, may terminate an office of independent counsel at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or accepted by such independent counsel under section 594(e), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. At the time of such termination, the independent counsel shall file the final report required by section 594(h)(1)(B). If the Attorney General has not made a request under this paragraph, the division of the court shall determine on its own motion whether termination is appropriate under this paragraph no later than 2 years after the appointment of an independent counsel, at the end of the succeeding 2-year period, and thereafter at the end of each succeeding 1-year period. (c)  Audits (1) On or before June 30 of each year, an independent counsel shall prepare a statement of expenditures for the 6 months that ended on the immediately preceding March 31. On or before December 31 of each year, an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding September 30. An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures on or before the date that is 90 days after the date on which the office is terminated. (2) The Comptroller General shall (A) conduct a financial review of a mid-year statement and a financial audit of a year-end statement and statement on termination; and (B) report the results to the Committee on the Judiciary, Committee on Governmental Affairs, and Committee on Appropriations of the Senate and the Committee on the Judiciary, Committee on Government Operations, and Committee on Appropriations of the House of Representatives not later than 90 days following the submission of each such statement. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1872 Pub. L. 97409 Jan. 3, 1983 96 Stat. 2039 Pub. L. 98620, title IV,  402(29)(A) Nov. 8, 1984 98 Stat. 3359 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1304 Pub. L. 103270 June 30, 1994 108 Stat. 735  Editorial Notes Amendments 1994Subsec. (a)(1). Pub. L. 103270,  5 Subsec. (b)(2). Pub. L. 103270,  3(h) Subsec. (c). Pub. L. 103270,  3(i) Audits 1987 Pub. L. 100191 1984Subsec. (a)(3). Pub. L. 98620 1983 Pub. L. 97409,  2(a)(1)(A) Subsec. (a)(1). Pub. L. 97409 Subsecs. (a)(2), (3), (b). Pub. L. 97409,  2(a)(1)(A) Statutory Notes and Related Subsidiaries  Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005 Oct. 9, 2004 Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2 Jan. 6, 1999 Jan. 5, 2007 Jan. 9, 2019 Jan. 9, 2023 Effective Date of 1994 Amendment; Transition Provisions Amendment by Pub. L. 103270 June 30, 1994 June 30, 1994 June 30, 1994 Pub. L. 103270 Pub. L. 103270 section 591 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of this title  597. Relationship with Department of Justice (a)  Suspension of Other Investigations and Proceedings Whenever a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel under section 594(e), the Department of Justice, the Attorney General, and all other officers and employees of the Department of Justice shall suspend all investigations and proceedings regarding such matter, except to the extent required by section 594(d)(1), and except insofar as such independent counsel agrees in writing that such investigation or proceedings may be continued by the Department of Justice. (b)  Presentation as Amicus Curiae Permitted Nothing in this chapter shall prevent the Attorney General or the Solicitor General from making a presentation as amicus curiae to any court as to issues of law raised by any case or proceeding in which an independent counsel participates in an official capacity or any appeal of such a case or proceeding. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1872 Pub. L. 97409,  2(a)(1)(A) Jan. 3, 1983 96 Stat. 2039 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1306  Editorial Notes Amendments 1987 Pub. L. 100191 1983 Pub. L. 97409,  2(a)(1)(A) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title  598. Severability  If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. (Added Pub. L. 95521, title VI,  601(a) Oct. 26, 1978 92 Stat. 1873 Pub. L. 97409 Jan. 3, 1983 96 Stat. 2039 Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1306  Editorial Notes Amendments 1987 Pub. L. 100191 section 599 of this title 1983 Pub. L. 97409 Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100191 Dec. 15, 1987 Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title  599. Termination of effect of chapter  This chapter shall cease to be effective five years after the date of the enactment of the Independent Counsel Reauthorization Act of 1994, except that this chapter shall continue in effect with respect to then pending matters before an independent counsel that in the judgment of such counsel require such continuation until that independent counsel determines such matters have been completed. (Added Pub. L. 100191,  2 Dec. 15, 1987 101 Stat. 1306 Pub. L. 103270,  2 June 30, 1994 108 Stat. 732  Editorial Notes  References in Text The date of the enactment of the Independent Counsel Reauthorization Act of 1994, referred to in text, is the date of enactment of Pub. L. 103270 June 30, 1994 Amendments 1994 Pub. L. 103270 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103270 June 30, 1994 section 7(a) of Pub. L. 103270 section 591 of this title Effective Date Section effective Dec. 15, 1987 section 6 of Pub. L. 100191 section 591 of this title CHAPTER 40A BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES    Sec.  599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives  599B. Personnel management demonstration project 1 1  599A. Bureau of alcohol, tobacco, firearms, and Explosives 1 1 (a)  Establishment. (1)  In general There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the Bureau). (2)  Director There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle 2 2 3 3 4 4 (3)  Coordination The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions. (4)  Performance of transferred functions The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section. (b)  Responsibilities Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating (1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; (2) the functions transferred by subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act); and (3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General. (c)  Transfer of authorities, functions, personnel, and assets to the Department of Justice. (1)  In general Subject to paragraph (2), 2 (3)  5 5 Building prospectus Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a). (Added and amended Pub. L. 109162, title XI,  1187(b) Jan. 5, 2006 119 Stat. 3127 Pub. L. 109177, title V,  504 Mar. 9, 2006 120 Stat. 247  Editorial Notes  References in Text This subtitle, referred to in subsec. (a)(2), meant subtitle B ( 11111115) of title XI of Pub. L. 107296 Nov. 25, 2002 116 Stat. 2274 section 1111 of Pub. L. 107296 Pub. L. 107296 section 3051 of Title 18 section 2006 of this title Pub. L. 95452 5 U.S.C. 412 section 14453 of Title 7 section 1701 of Title 8 section 2223b of Title 15 section 921 of Title 18 Subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act), referred to in subsec. (b)(2), is section 1111(c) of Pub. L. 107296 Nov. 25, 2002 116 Stat. 2275 section 531(c) of Title 6 Paragraph (2), referred to in subsec. (c)(1), meant paragraph (2) of section 1111(c) of Pub. L. 107296 section 1111 of Pub. L. 107296 Section 1111(c)(2) of Pub. L. 107296 section 531(c)(2) of Title 6 Codification The section catchline and text of subsecs. (a) to (c)(1), (3) of section 1111 of Pub. L. 107296 section 531 of Title 6 Pub. L. 109162,  1187(b) Pub. L. 107296, title XI,  1111(a) Nov. 25, 2002 116 Stat. 2274 Amendments 2006 Pub. L. 109162,  1187(b) section 1111 of Pub. L. 107296 Subsec. (a)(2). Pub. L. 109177 6 U.S.C. 531(a)(2) Pub. L. 109162,  1187(b) Subsec. (b)(2). Pub. L. 109162,  1187(c)(1)(B)  599B. Personnel Management demonstration 1 1 1  Notwithstanding any other provision of law, the Personnel Management Demonstration Project established under section 102 of title I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 ( Public Law 105277 2 2 (Added and amended Pub. L. 109162, title XI,  1187(b) Jan. 5, 2006 119 Stat. 3127  Editorial Notes  References in Text Section 102 of title I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, referred to in text, probably means section 102 of title I of div. C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. 105277 section 122 of Pub. L. 105119 section 3104 of Title 5 Codification The text of section 1115 of Pub. L. 107296 section 533 of Title 6 Pub. L. 109162,  1187(b) Pub. L. 107296, title XI,  1115 Nov. 25, 2002 116 Stat. 2280 Amendments 2006 Pub. L. 109162 section 1115 of Pub. L. 107296 PART III COURT OFFICERS AND EMPLOYEES    Chap. Sec.  41. Administrative Office of United States Courts 601  42. Federal Judicial Center 620  43. United States Magistrate Judges 631  44. Alternative Dispute Resolution 651  45. Supreme Court 671  47. Courts of Appeals 711  49. District Courts 751  51. United States Court of Federal Claims 791  [ 53. Repealed.]  55. Court of International Trade 871  57. General Provisions Applicable to Court Officers and Employees 951  58. United States Sentencing Commission 991  Senate Revision Amendment Chapter 59 was renumbered as Chapter 57 but without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1998 Pub. L. 105315,  12(b)(3) Oct. 30, 1998 112 Stat. 2998 1992 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 1988 Pub. L. 100702, title IX,  901(b) Nov. 19, 1988 102 Stat. 4663 1984 Pub. L. 98473, title II,  217(b) Oct. 12, 1984 98 Stat. 2026 Oct. 12, 1984 Nov. 1, 1986 1982 Pub. L. 97164, title I,  121(g)(1) Apr. 2, 1982 96 Stat. 35 Pub. L. 97164, title I,  122(a) Apr. 2, 1982 96 Stat. 36 1980 Pub. L. 96417, title V,  501(13) Oct. 10, 1980 94 Stat. 1742 1978 Pub. L. 95598, title II,  233(b) Nov. 6, 1978 92 Stat. 2667 section 402(b) of Pub. L. 95598 section 101 of Title 11 1968 Pub. L. 90578, title I,  102(a) Oct. 17, 1968 82 Stat. 1114 1967 Pub. L. 90219, title II,  204 Dec. 20, 1967 81 Stat. 669 Statutory Notes and Related Subsidiaries  Change of Name United States Magistrate Judges substituted for United States Magistrates in item for chapter 43 pursuant to section 321 of Pub. L. 101650 section 631 of this title Judicial Security and Privacy Pub. L. 117263, div. E, title LIX Dec. 23, 2022 136 Stat. 3458  SEC. 5931. SHORT TITLE. This subtitle may be cited as the Daniel Anderl Judicial Security and Privacy Act of 2022. SEC. 5932. FINDINGS AND PURPOSE. (a)  Findings Congress finds the following: (1) Members of the Federal judiciary perform the important function of interpreting the Constitution of the United States and administering justice in a fair and impartial manner. (2) In recent years, partially as a result of the rise in the use of social media and online access to information, members of the Federal judiciary have been exposed to an increased number of personal threats in connection to their role. The ease of access to free or inexpensive sources of covered information has considerably lowered the effort required for malicious actors to discover where individuals live and where they spend leisure hours and to find information about their family members. Such threats have included calling a judge a traitor with references to mass shootings and serial killings, a murder attempt on a justice of the Supreme Court of the United States, calling for an angry mob to gather outside a home of a judge and, in reference to a judge on the court of appeals of the United States, stating how easy it would be to get them. (3) Between 2015 and 2019, threats and other inappropriate communications against Federal judges and other judiciary personnel increased from 926 in 2015 to approximately 4,449 in 2019. (4) Over the past decade, several members of the Federal judiciary have experienced acts of violence against themselves or a family member in connection to their Federal judiciary role, including the murder in 2005 of the family of Joan Lefkow, a judge for the United States District Court for the Northern District of Illinois. (5) On Sunday July 19, 2020 (6) In the aftermath of the recent tragedy that occurred to Judge Salas and in response to the continuous rise of threats against members of the Federal judiciary, there is an immediate need for enhanced security procedures and increased availability of tools to protect Federal judges and their families. (b)  Purpose The purpose of this subtitle is to improve the safety and security of Federal judges, including senior, recalled, or retired Federal judges, and their immediate family members to ensure Federal judges are able to administer justice fairly without fear of personal reprisal from individuals affected by the decisions they make in the course of carrying out their public duties. SEC. 5933. DEFINITIONS. In this subtitle: (1)  At-risk individual The term at-risk individual means (A) a Federal judge; (B) a senior, recalled, or retired Federal judge; (C) any individual who is the spouse, parent, sibling, or child of an individual described in subparagraph (A) or (B); (D) any individual to whom an individual described in subparagraph (A) or (B) stands in loco parentis; or (E) any other individual living in the household of an individual described in subparagraph (A) or (B). (2)  Covered information The term covered information (A) means (i) a home address, including primary residence or secondary residences; (ii) a home or personal mobile telephone number; (iii) a personal email address; (iv) a social security number or drivers license number; (v) a bank account or credit or debit card information; (vi) a license plate number or other unique identifiers of a vehicle owned, leased, or regularly used by an at-risk individual; (vii) the identification of children of an at-risk individual under the age of 18; (viii) the full date of birth; (ix) information regarding current or future school or day care attendance, including the name or address of the school or day care, schedules of attendance, or routes taken to or from the school or day care by an at-risk individual; or (x) information regarding the employment location of an at-risk individual, including the name or address of the employer, employment schedules, or routes taken to or from the employer by an at-risk individual; and (B) does not include information regarding employment with a Government agency. (3)  Data broker. (A)  In general The term data broker means an entity that collects and sells or licenses to third parties the personal information of an individual with whom the entity does not have a direct relationship.. (B)  Exclusion The term data broker does not include a commercial entity engaged in the following activities: (i) Engaging in reporting, news-gathering, speaking, or other activities intended to inform the public on matters of public interest or public concern. (ii) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier. (iii) Using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred. (iv) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes. (v) A consumer reporting agency subject to the Fair Credit Reporting Act ( 15 U.S.C. 1681 (vi) A financial institution subject to the Gramm-Leach-Bliley Act ( Public Law 106102 section 1811 of Title 12 (vii) A covered entity for purposes of the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d2 (viii) The collection and sale or licensing of covered information incidental to conducting the activities described in clauses (i) through (vii). (4)  Federal judge The term Federal judge means (A) a justice of the United States or a judge of the United States, as those terms are defined in section 451 of title 28 (B) a bankruptcy judge appointed under section 152 of title 28 (C) a United States magistrate judge appointed under section 631 of title 28 (D) a judge confirmed by the United States Senate and empowered by statute in any commonwealth, territory, or possession to perform the duties of a Federal judge; (E) a judge of the United States Court of Federal Claims appointed under section 171 of title 28 (F) a judge of the United States Court of Appeals for Veterans Claims appointed under section 7253 of title 38 (G) a judge of the United States Court of Appeals for the Armed Forces appointed under section 942 of title 10 (H) a judge of the United States Tax Court appointed under section 7443 of the Internal Revenue Code of 1986 [ 26 U.S.C. 7443 (I) a special trial judge of the United States Tax Court appointed under section 7443A of the Internal Revenue Code of 1986 [ 26 U.S.C. 7443A (5)  Government agency The term Government agency includes (A) an Executive agency, as defined in section 105 of title 5 (B) any agency in the judicial branch or legislative branch. (6)  Immediate family member The term immediate family member means (A) any individual who is the spouse, parent, sibling, or child of an at-risk individual; (B) any individual to whom an at-risk individual stands in loco parentis; or (C) any other individual living in the household of an at-risk individual. (7)  Interactive computer service The term interactive computer service has the meaning given the term in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (8)  Transfer The term transfer means to sell, license, trade, or exchange for consideration the covered information of an at-risk individual or immediate family member. SEC. 5934. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS. (a)  Government Agencies. (1)  In general Each at-risk individual may (A) file written notice of the status of the individual as an at-risk individual, for themselves and immediate family members, with each Government agency that includes information necessary to ensure compliance with this section; and (B) request that each Government agency described in subparagraph (A) mark as private their covered information and that of their immediate family members. (2)  No public posting Government agencies shall not publicly post or display publicly available content that includes covered information of an at-risk individual or immediate family member. Government agencies, upon receipt of a written request under paragraph (1)(A), shall remove the covered information of the at-risk individual or immediate family member from publicly available content not later than 72 hours after such receipt. (3)  Exceptions Nothing in this section shall prohibit a Government agency from providing access to records containing the covered information of a Federal judge to a third party if the third party (A) possesses a signed release from the Federal judge or a court order; (B) is subject to the requirements of title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 (C) executes a confidentiality agreement with the Government agency. (b)  Delegation of Authority. (1)  In general An at-risk individual may directly, or through an agent designated by the at-risk individual, make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall be in writing and contain information necessary to ensure compliance with this section, including information expressly referencing the prohibition on the posting or transfer of covered information, information regarding redress and penalties for violations provided in subsection (f), and contact information to allow the recipient to verify the accuracy of any notice or request and answer questions by the recipient of the notice or request. (2)  Authorization of government agencies to make requests. (A)  Administrative office of the united states courts Upon written request of an at-risk individual described in subparagraphs (A) through (E) of section 5933(4), the Director of the Administrative Office of the United States Courts is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall include information necessary to ensure compliance with this section, as determined by the Administrative Office of the United States Courts. The Director may delegate this authority under section 602(d) of title 28 (B)  United states court of appeals for veterans claims Upon written request of an at-risk individual described in section 5933(4)(F), the chief judge of the United States Court of Appeals for Veterans Claims is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. Any notice or request made under this subsection shall be deemed to have been made by the at-risk individual and comply with the notice and request requirements of this section. (C)  United states court of appeals for the armed forces Upon written request of an at-risk individual described in section 5933(4)(G), the chief judge of the United States Court of Appeals for the Armed Forces is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. Any notice or request made under this subsection shall be deemed to have been made by the at-risk individual and comply with the notice and request requirements of this section. (D)  United states tax court Upon written request of an at-risk individual described in subparagraph (H) or (I) of section 5933(4), the chief judge of the United States Tax Court is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. Any notice or request made under this subsection shall be deemed to have been made by the at-risk individual and comply with the notice and request requirements of this section. (c)  State and Local Governments. (1)  Grant program to prevent disclosure of personal information of at-risk individuals or immediate family members. (A)  Authorization The Attorney General may make grants to prevent the release of covered information of at-risk individuals and immediate family members (in this subsection referred to as judges covered information) to the detriment of such individuals or their immediate family members to an entity that (i) is (I) a State or unit of local government, as defined in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 (II) an agency of a State or unit of local government; and (ii) operates a State or local database or registry that contains covered information. (B)  Application An entity seeking a grant under this subsection shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2)  Scope of grants Grants made under this subsection may be used to create or expand programs designed to protect judges covered information, including through (A) the creation of programs to redact or remove judges covered information, upon the request of an at-risk individual, from public records in State agencies, including hiring a third party to redact or remove judges covered information from public records; (B) the expansion of existing programs that the State may have enacted in an effort to protect judges covered information; (C) the development or improvement of protocols, procedures, and policies to prevent the release of judges covered information; (D) the defrayment of costs of modifying or improving existing databases and registries to ensure that judges covered information is covered from release; and (E) the development of confidential opt out systems that will enable at-risk individuals to make a single request to keep judges covered information out of multiple databases or registries. (3)  Report. (A)  In general Not later than 1 year after the date of enactment of this Act [ Dec. 23, 2022 (i) a detailed amount spent by States and local governments on protecting judges covered information; (ii) where the judges covered information was found; and (iii) the collection of any new types of personal data found to be used to identify judges who have received threats, including prior home addresses, employers, and institutional affiliations such as nonprofit boards. (B)  States and local governments States and local governments that receive funds under this subsection shall submit to the Comptroller General of the United States a report on data described in clauses (i) and (ii) of subparagraph (A) to be included in the report required under that subparagraph. (d)  Data Brokers and Other Businesses. (1)  Prohibitions. (A)  Data brokers It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, transfer, or purchase covered information of an at-risk individual or immediate family members. (B)  Other persons and businesses. (i)  In general Except as provided in clause (ii), no person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual or immediate family member if the at-risk individual has made a written request to that person, business, or association not to disclose or acquire the covered information of the at-risk individual or immediate family member. (ii)  Exceptions Clause (i) shall not apply to (I) the display on the internet of the covered information of an at-risk individual or immediate family member if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; (II) covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or (III) covered information lawfully received from a Federal Government source (or from an employee or agent of the Federal Government). (2)  Required conduct. (A)  In general After receiving a written request under paragraph (1)(B), the person, business, or association shall (i) remove within 72 hours the covered information identified in the written request from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association and identify any other instances of the identified information that should also be removed; and (ii) assist the sender to locate the covered information of the at-risk individual or immediate family member posted on any website or subsidiary website controlled by that person, business, or association. (B)  Transfer (i)  In general Except as provided in clause (ii), after receiving a written request under paragraph (1)(B), the person, business, or association shall not transfer the covered information of the at-risk individual or immediate family member to any other person, business, or association through any medium. (ii)  Exceptions Clause (i) shall not apply to (I) the transfer of the covered information of the at-risk individual or immediate family member if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; (II) covered information that the at-risk individual or immediate family member voluntarily publishes on the internet after the date of enactment of this Act; or (III) a transfer made at the request of the at-risk individual or that is necessary to effectuate a request to the person, business, or association from the at-risk individual. (e)  Data Security. (1)  Recipients Any interactive computer service shall implement and maintain reasonable security procedures and practices to protect any information collected or received to comply with the requirements of this subtitle from unauthorized use, disclosure, access, destruction, or modification. (2)  Government custodians The Administrative Office of the United States Courts and the administrators of the courts described in this subtitle shall implement and maintain reasonable security procedures and practices to protect any information they collect, receive, or transmit pursuant to the provisions of this subtitle. (f)  Redress and Penalties. (1)  In general If the covered information of an at-risk individual described in subparagraphs (A) through (E) of section 5933(4) or their immediate family is made public as a result of a violation of this subtitle, the Director of the Administrative Office of the United States Courts, or the designee of the Director, may file an action seeking injunctive or declaratory relief in any court of competent jurisdiction, through the Department of Justice. (2)  Authority The respective chief judge for judges described in subparagraphs (B), (C), and (D) of section 5934(b)(2) shall have the same authority as the Director under this paragraph for at-risk individuals in their courts or their immediate family members. (3)  Penalties and damages If a person, business, or association knowingly violates an order granting injunctive or declarative relief under paragraph (1), the court issuing such order may (A) if the person, business, or association is a government agency (i) impose a fine not greater than $4,000; and (ii) award to the at-risk individual or their immediate family, as applicable, court costs and reasonable attorneys fees; and (B) if the person, business, or association is not a government agency, award to the at-risk individual or their immediate family, as applicable (i) an amount equal to the actual damages sustained by the at-risk individual or their immediate family; and (ii) court costs and reasonable attorneys fees. SEC. 5935. TRAINING AND EDUCATION. Amounts appropriated to the Federal judiciary for fiscal year 2022, and each fiscal year thereafter, may be used for biannual judicial security training for active, senior, or recalled Federal judges described in subparagraph (A), (B), (C), (D), or (E) of section 5933(4) and their immediate family members, including (1) best practices for using social media and other forms of online engagement and for maintaining online privacy; (2) home security program and maintenance; (3) understanding removal programs and requirements for covered information; and (4) any other judicial security training that the United States Marshals Services and the Administrative Office of the United States Courts determines is relevant. SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY. (a)  Authorization. (1)  Vulnerability management capability The Federal judiciary is authorized to perform all necessary functions consistent with the provisions of this subtitle and to support existing threat management capabilities within the United States Marshals Service and other relevant Federal law enforcement and security agencies for active, senior, recalled, and retired Federal judges described in subparagraphs (A), (B), (C), (D), and (E) of section 5933(4), including (A) monitoring the protection of at-risk individuals and judiciary assets; (B) managing the monitoring of websites for covered information of at-risk individuals and immediate family members and remove or limit the publication of such information; (C) receiving, reviewing, and analyzing complaints by at-risk individuals of threats, whether direct or indirect, and report such threats to law enforcement partners; and (D) providing training described in section 5935. (2)  Vulnerability management for certain article i courts The functions and support authorized in paragraph (1) shall be authorized as follows: (A) The chief judge of the United States Court of Appeals for Veterans Claims is authorized to perform such functions and support for the Federal judges described in section 5933(4)(F). (B) The United States Court of Appeals for the Armed Forces is authorized to perform such functions and support for the Federal judges described in section 5933(4)(G). (C) The United States Tax Court is authorized to perform such functions and support for the Federal judges described in subparagraphs (H) and (I) of section 5933(4). (3)  Technical and conforming amendment  [Amended section 604 of this title (b)  Expansion of Capabilities of Office of Protective Intelligence. (1)  In general The United States Marshals Service is authorized to expand the current capabilities of the Office of Protective Intelligence of the Judicial Security Division to increase the workforce of the Office of Protective Intelligence to include additional intelligence analysts, United States deputy marshals, and any other relevant personnel to ensure that the Office of Protective Intelligence is ready and able to perform all necessary functions, consistent with the provisions of this subtitle, in order to anticipate and deter threats to the Federal judiciary, including (A) assigning personnel to State and major urban area fusion and intelligence centers for the specific purpose of identifying potential threats against the Federal judiciary and coordinating responses to such potential threats; (B) expanding the use of investigative analysts, physical security specialists, and intelligence analysts at the 94 judicial districts and territories to enhance the management of local and distant threats and investigations; and (C) increasing the number of United States Marshal Service personnel for the protection of the Federal judicial function and assigned to protective operations and details for the Federal judiciary. (2)  Information sharing If any of the activities of the United States Marshals Service uncover information related to threats to individuals other than Federal judges, the United States Marshals Service shall, to the maximum extent practicable, share such information with the appropriate Federal, State, and local law enforcement agencies. (c)  Report. (1)  In general Not later than 1 year after the date of enactment of this Act [ Dec. 23, 2022 (2)  Description The report required under paragraph (1) shall describe (A) the number and nature of threats and assaults against at-risk individuals handling prosecutions and other matters described in paragraph (1) and the reporting requirements and methods; (B) the security measures that are in place to protect at-risk individuals handling prosecutions described in paragraph (1), including threat assessments, response procedures, the availability of security systems and other devices, firearms licensing such as deputations, and other measures designed to protect the at-risk individuals and their immediate family members; and (C) for each requirement, measure, or policy described in subparagraphs (A) and (B), when the requirement, measure, or policy was developed and who was responsible for developing and implementing the requirement, measure, or policy. (3)  Public posting The report described in paragraph (1) shall, in whole or in part, be exempt from public disclosure if the Attorney General determines that such public disclosure could endanger an at-risk individual. SEC. 5937. RULES OF CONSTRUCTION. (a)  In General Nothing in this subtitle shall be construed (1) to prohibit, restrain, or limit (A) the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual or their immediate family member; or (B) the reporting on an at-risk individual or their immediate family member regarding matters of public concern; (2) to impair access to decisions and opinions from a Federal judge in the course of carrying out their public functions; (3) to limit the publication or transfer of covered information with the written consent of the at-risk individual or their immediate family member; or (4) to prohibit information sharing by a data broker to a Federal, State, Tribal, or local government, or any unit thereof. (b)  Protection of Covered Information This subtitle shall be broadly construed to favor the protection of the covered information of at-risk individuals and their immediate family members. SEC. 5938. SEVERABILITY. If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle and the amendments made by this subtitle, and the application of the remaining provisions of this subtitle and amendments to any person or circumstance shall not be affected. SEC. 5939. EFFECTIVE DATE. (a)  In General Except as provided in subsection (b), this subtitle shall take effect on the date of enactment of this Act [ Dec. 23, 2022 (b)  Exception Subsections (c)(1), (d), and (e) of section 5934 shall take effect on the date that is 120 days after the date of enactment of this Act. CHAPTER 41 ADMINISTRATIVE OFFICE OF UNITED STATES COURTS    Sec.  601. Creation; Director and Deputy Director.  602. Employees.  603. Salaries.  604. Duties of Director generally.  605. Budget estimates.  606. Duties of Deputy Director.  607. Practice of law prohibited.  608. Seal.  609. Courts appointive power unaffected.  610. Courts defined.  611. Retirement of Director.  612. Judiciary Automation Fund. 1 1 Pub. L. 104106  613. Disbursing and certifying officers.  Editorial Notes Amendments 2000 Pub. L. 106518, title III,  304(b) Nov. 13, 2000 114 Stat. 2418 1989 Pub. L. 101162, title IV,  404(b)(2) Nov. 21, 1989 103 Stat. 1015 1967 Pub. L. 90219, title II,  201(b) Dec. 20, 1967 81 Stat. 668 1959 Pub. L. 86370,  5(a)(2) Sept. 23, 1959 73 Stat. 652 1949 Act May 24, 1949, ch. 139,  72a 63 Stat. 100  601. Creation; Director and Deputy Director  The Administrative Office of the United States Courts shall be maintained at the seat of government. It shall be supervised by a Director and a Deputy Director appointed and subject to removal by the Chief Justice of the United States, after consulting with the Judicial Conference. The Director and Deputy Director shall be deemed to be officers for purposes of title 5, United States Code. ( June 25, 1948, ch. 646 62 Stat. 913 Pub. L. 86370,  5(a)(1) Sept. 23, 1959 73 Stat. 652 Pub. L. 101650, title III,  307 Dec. 1, 1990 104 Stat. 5112 Pub. L. 104317, title VI,  602 Oct. 19, 1996 110 Stat. 3857  Historical and Revision Notes Based on title 28, U.S.C. 1940 ed.,  444 ( Mar. 3, 1911, ch. 231,  302 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains part of section 444 of title 28 Changes were made in phraseology. Editorial Notes Amendments 1996 Pub. L. 104317 1990 Pub. L. 101650 1959 Pub. L. 86370 Statutory Notes and Related Subsidiaries Effective Date of 1959 Amendment Amendment by Pub. L. 86370 Sept. 23, 1959 section 7(a) of Pub. L. 86370 Veterans Preference in Judicial Branch Appointments Pub. L. 105339,  4(d) Oct. 31, 1998 112 Stat. 3186  (1)  In general Subject to paragraphs (2) and (3), the Judicial Conference of the United States shall prescribe procedures to provide for (A) veterans preference in the consideration of applicants for employment, and in the conduct of any reductions in force, within the judicial branch; and (B) redress for alleged violations of any rights provided for under subparagraph (A). (2)  Procedures Under the procedures, a preference eligible (as defined by section 2108 of title 5 (3)  Exclusions Nothing in the procedures shall apply with respect to an applicant or employee (A) whose appointment is made by the President with the advice and consent of the Senate; (B) whose appointment is as a judicial officer; (C) whose appointment is required by statute to be made by or with the approval of a court or judicial officer; or (D) whose appointment is to a position, the duties of which are equivalent to those of a Senior Executive Service position (within the meaning of section 3132(a)(2) of title 5 (4)  Definitions For purposes of this subsection, the term judicial officer means a justice, judge, or magistrate judge listed in subparagraph (A), (B), (F), or (G) of section 376(a)(1) of title 28 (5)  Submission to congress; effective date. (A)  Submission to congress Not later than 12 months after the date of enactment of this Act [ Oct. 31, 1998 (B)  Effective date The procedures prescribed under this subsection shall take effect 13 months after the date of enactment of this Act. Reference to Assistant Director Deemed Reference to Deputy Director Pub. L. 86370,  5(a)(4) Sept. 23, 1959 73 Stat. 652 Whenever the Assistant Director of the Administrative Office of the United States Courts is referred to in any other law, such reference shall be deemed to be to the Deputy Director of the Administrative Office of the United States Courts. Continuation of Law Existing on Sept. 1, 1948 Act June 25, 1948, ch. 646,  2(b) 62 Stat. 985 The provisions of title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act, with respect to the organization of each of the several courts therein provided for and of the Administrative Office of the United States Courts, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on the effective date of this Act [ Sept. 1, 1948 Provided, however  602. Employees (a) The Director shall appoint and fix the compensation of necessary employees of the Administrative Office in accordance with the Administrative Office of the United States Courts Personnel Act of 1990. (b) Notwithstanding any other law, the Director may appoint certified interpreters in accordance with section 604(a)(16)(B) of this title section 5332 of title 5 (c) The Director may obtain personal services as authorized by section 3109 of title 5 section 5332 of title 5 (d) All functions of other officers and employees of the Administrative Office and all functions of organizational units of the Administrative Office are vested in the Director. The Director may delegate any of the Directors functions, powers, duties, and authority (except the authority to promulgate rules and regulations) to such officers and employees of the judicial branch of Government as the Director may designate, and subject to such terms and conditions as the Director may consider appropriate; and may authorize the successive redelegation of such functions, powers, duties, and authority as the Director may deem desirable. All official acts performed by such officers and employees shall have the same force and effect as though performed by the Director in person. ( June 25, 1948, ch. 646 62 Stat. 913 Pub. L. 95539,  5 Oct. 28, 1978 92 Stat. 2044 Pub. L. 101474,  5(a) Oct. 30, 1990 104 Stat. 1099 Pub. L. 101650, title III,  325(b)(4) Dec. 1, 1990 104 Stat. 5121  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  445 ( Mar. 3, 1911, ch. 231,  303 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains provisions in section 445 of title 28 Words with the approval of the Supreme Court were omitted to relieve the court of the burden of approving appointments which in practice should properly be made by the Director under the supervision of the Judicial Conference of the United States. The remainder of section 445 of title 28 Changes were made in phraseology. Editorial Notes  References in Text The Administrative Office of the United States Courts Personnel Act of 1990, referred to in subsec. (a), is Pub. L. 101474 Oct. 30, 1990 104 Stat. 1097 Amendments 1990Subsec. (a). Pub. L. 101474,  5(a) Subsec. (b). Pub. L. 101474,  5(q) Pub. L. 101650 1978 Pub. L. 95539 section 3109 of title 5 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Pub. L. 95539,  10 Oct. 28, 1978 92 Stat. 2045  (a) Except as provided in subsection (b), this Act [enacting section 1827 and 1828 of this title, amending this section and sections 603, 604, and 1920 of this title, enacting provisions set out as notes under this section and section 1 of this title Oct. 28, 1978 (b) Section 2 of this Act [enacting sections 1827 and 1828 of this title] shall take effect ninety days after the date of the enactment of this Act [ Oct. 28, 1978 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Administrative Office of United States Courts Personnel Pub. L. 101474 Oct. 30, 1990 104 Stat. 10971099  SECTION 1. SHORT TITLE. This Act [see References in Text note above and Tables for classification] may be cited as the Administrative Office of the United States Courts Personnel Act of 1990. SEC. 2. GENERAL PERSONNEL AUTHORITY. The Director of the Administrative Office of the United States Courts (hereinafter in this Act referred to as the Director) may appoint, fix the compensation of, assign, and direct such personnel as the Director determines necessary to discharge the duties and functions of the Administrative Office. SEC. 3. ESTABLISHMENT OF PERSONNEL MANAGEMENT SYSTEM. (a) The Director shall, by regulation, establish a personnel management system for the Administrative Office which provides for the appointment, pay, promotion, and assignment of all employees on the basis of merit, but without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. The system shall apply to all Administrative Office employees except those referred to in section 603 of title 28 (1) provide for a schedule of pay rates applicable to all employees; except as provided in paragraph (10), the basic pay of any person appointed under this section shall not exceed the rate of basic pay for level V of the Executive Schedule; (2) incorporate pay comparability principles as set forth in section 5301(a) of title 5 (3) provide for the adjustment of the pay of employees at the same time and in the same percentage amount as rates of basic pay are adjusted for General Schedule and prevailing rate employees, as appropriate; (4) establish procedures for employee evaluations, the granting of periodic pay adjustments, incentive awards, and resolution of employee grievances; (5) establish procedures for disciplinary actions, including reduction in grade or pay, suspension, and removal, based on unacceptable performance or misconduct, except that (A) such procedures shall be consistent with (i)  section 4303 of title 5 (ii) chapter 75 of title 5, United States Code, to the extent that they relate to adverse actions covered by such chapter; and (B) the Director may exempt from these procedures positions of a confidential or policy-determining character, not to exceed 4 percent of the authorized positions of the Administrative Office; (6) establish procedures for premium pay (including overtime), except that the Director may at his discretion implement flexible and compressed work schedules and may exempt the hours constituting such schedules from premium pay to the extent he deems necessary to implement such schedules; (7) include the principles set forth in section 2301(b) of title 5 (8) prohibit personnel practices prohibited under section 2302(b) of title 5 (9) prohibit discrimination on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; the Director must promulgate regulations providing procedures for resolving complaints of discrimination by employees and applicants for employment; (10) provide for the basic pay of not more than 5 percent of the authorized positions of the Administrative Office (excluding the positions referred to in section 603 of title 28 (11) in the case of any individual who would be a preference eligible in the executive branch, provide preference for that individual in a manner and to an extent consistent with preference accorded to preference eligibles in the executive branch. (b) The Director may apply the provisions of sections 5723 and 6304(f) of title 5, United States Code, to the positions referred to in subsection (a)(10) and in section 603 of title 28 (c) The Director may provide for incentive awards for the positions referred to in section 603 of title 28 (d) The Chief Justice of the United States or the Judicial Conference of the United States may grant incentive awards to the Director, except that the Directors aggregate pay for any fiscal year, including salary and incentive awards, may not exceed the salary of a United States circuit judge. The Chief Justice or the Judicial Conference may authorize application of section 5723 of title 5 (e) The Director may develop and conduct programs to meet the short- and long-range training needs of the agency. (f) Notwithstanding any other provision of law, an individual who is an employee of the Administrative Office on the day before the effective date of this section and who, as of that day, was entitled to (1) appeal a reduction in grade or removal to the Merit Systems Protection Board under chapter 43 of title 5, United States Code, (2) appeal an adverse action to the Merit Systems Protection Board under chapter 75 of title 5, United States Code, or (3) file an appeal with the Equal Employment Opportunity Commission under part 1613 of title 29 of the Code of Federal Regulations, shall continue to be entitled to file such appeal so long as the individual remains an employee of the Administrative Office, except that this provision shall not apply to employees in positions referred to in section 603 of title 28 (g) Nothing in this Act shall be construed to abolish or diminish any right or remedy granted to employees of or applicants for employment in the Administrative Office by any law prohibiting discrimination in Federal employment on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition, except that, with respect to any such employees and applicants for employment, any authority granted under any such law to the Equal Employment Opportunity Commission, the Office of Personnel Management, the Merit Systems Protection Board, or any other agency in the executive branch, shall be exercised by the Administrative Office. SEC. 4. NONCOMPETITIVE APPOINTMENTS. (a) Notwithstanding any other provision of law, any employee of the Administrative Office who has completed at least 1 year of continuous service under a nontemporary appointment under the personnel system established pursuant to section 3 acquires a competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. (b) A period of continuous service performed as a nontemporary employee of the Administrative Office immediately before the personnel system under section 3 takes effect shall, for purposes of subsection (a), be treated as if it had been performed under such system. SEC. 6. AUTHORIZATION. There are authorized to be appropriated for fiscal year 1990 and for each fiscal year thereafter such sums as may be necessary to carry out the provisions of this Act. Contract Limitations Pub. L. 95539,  11 Oct. 28, 1978 92 Stat. 2045 Any contracts entered into under this Act or any of the amendments made by this Act [enacting sections 1827 and 1828 of this title, amending this section and sections 603, 604, and 1920 of this title, enacting provisions set out as notes under this section and section 1 of this title Employment of Experts or Consultants; Rates Pub. L. 86370,  5(b) Sept. 23, 1959 73 Stat. 652 Pub. L. 95539,  8 Oct. 28, 1978 92 Stat. 2044  603. Salaries  The salary of the Director shall be the same as the salary of a district judge. Notwithstanding any other provision of law, the Director shall not be deemed to be an employee for the purpose of subchapter I of chapter 63 of title 5. The salary of the Deputy Director shall be 92 percent of the salary of the Director. The salaries of six additional positions shall be fixed by the Director at rates not to exceed the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5 ( June 25, 1948, ch. 646 62 Stat. 913 Oct. 15, 1949, ch. 695 63 Stat. 881 Oct. 31, 1951, ch. 655,  43(b) 65 Stat. 725 Pub. L. 86370,  5(a)(1) Sept. 23, 1959 73 Stat. 652 Pub. L. 88426, title IV,  403(g) Aug. 14, 1964 78 Stat. 434 Pub. L. 90206, title II,  213(d) Dec. 16, 1967 81 Stat. 635 Pub. L. 95539,  6 Oct. 28, 1978 92 Stat. 2044 Pub. L. 100202,  101(a) [title IV,  409] Dec. 22, 1987 101 Stat. 1329 Pub. L. 100459, title IV,  406 Oct. 1, 1988 102 Stat. 2213 Pub. L. 101474,  5(b) Oct. 30, 1990 104 Stat. 1099  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  444, 445 ( Mar. 3, 1911, ch. 231 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section consolidates parts of title 28, U.S.C., 1940 ed.,  444, 445. The remainder of said sections are incorporated in sections 601, 602, 606, 607, and 608 of this title. The figure $9,376.50 was substituted for $7,500 as the salary of the Assistant Director in conformity with section 934 of title 5 Changes were made in phraseology. Senate Revision Amendment The [former] figure, $7,500, with respect to salary of the Assistant Director, was restored by Senate amendment. See 80th Congress Senate Report No. 1559, amendments Nos. 15 and 65. Editorial Notes Amendments 1990 Pub. L. 101474 1988 Pub. L. 100459 1987 Pub. L. 100202 section 5315 of title 5 section 5316 of title 5 1978 Pub. L. 95539 1967 Pub. L. 90206 section 5316 of title 5 1964 Pub. L. 88426 1959 Pub. L. 86370 1951Act Oct. 31, 1951 1949Act Oct. 15, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95539 Oct. 28, 1978 section 10(a) of Pub. L. 95539 section 602 of this title Effective Date of 1967 Amendment Pub. L. 90206, title II,  220(a)(3) Dec. 16, 1967 81 Stat. 639 Sections 213(d) and (e) [amending this section and section 792 of this title l o section 5533 of Title 5 section 5545 of Title 5 section 102 of Title 3 Dec. 16, 1967 Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501(a) of Pub. L. 88426 Effective Date of 1959 Amendment Amendment by Pub. L. 86370 Sept. 23, 1959 section 7(a) of Pub. L. 86370 Effective Date of 1949 Amendment The increased compensation provided for by act Oct. 15, 1949 Oct. 15, 1949 Oct. 15, 1949 Statutory Notes and Executive Documents Salary Increases 1987Salaries of Director and Deputy Director increased respectively to $89,500 and $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2 1977Salaries of Director and Deputy Director increased respectively to $54,500 and $48,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2 1969Salaries of Director and Deputy Director increased respectively from $30,000 and $28,000 to $40,000 and $36,000 per annum, commencing February 14, 1969 section 358 of Title 2 1967 Pub. L. 90206, title II,  213(a) Dec. 16, 1967 81 Stat. 635 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision of a section 62 of the Bankruptcy Act ( 11 U.S.C. 102(a)(2) section 3656 of Title 18 section 202(a) of this title section 5332(a) of Title 5 section 5332 of Title 5 section 202(a) of this title section 5332(a) of Title 5 section 5332 of Title 5 [ Section 213(a) of Pub. L. 90206 Oct. 1, 1967 section 220(a)(2) of Pub. L. 90206 section 5332 of Title 5 1966 Pub. L. 89504, title II,  202(a) July 18, 1966 80 Stat. 293 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act ( 11 U.S.C. 102(a)(2) section 3656 of title 18 [ Pub. L. 89504, title II,  203 July 18, 1966 80 Stat. 294  This title shall become effective as follows: [(1) This section and section 201 [enacting provisions set out as a note under section 1 of this title July 18, 1966 [(2) Section 202 [enacting provisions set out as note above and under sections 604 and 753 of this title] shall become effective on the first day of the first pay period which begins on or after July 1, 1966 1965 Pub. L. 89301,  12(a) Oct. 29, 1965 79 Stat. 1121 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act ( 11 U.S.C. 102(a)(2) section 3656 of Title 18 section 604(a)(5) of this title 1964 Pub. L. 88426, title IV,  402(a) Aug. 14, 1964 78 Stat. 433 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act ( 11 U.S.C. 102(a)(2) section 3656 of title 18 section 604(a)(5) of this title 1962 Pub. L. 87793, title VI,  1004(a) Oct. 11, 1962 76 Stat. 866 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act ( 11 U.S.C. 102(a)(2) section 3656 of title 18 section 107(a)(6) of the Act of July 31, 1956 5 U.S.C. 2206(a)(6) January 1, 1964 January 1, 1964 1960 Pub. L. 86568, title I,  116(a) July 1, 1960 74 Stat. 303 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act ( 11 U.S.C. 102(a)(2) section 3656 of title 18 section 107(a)(6) of the Act of July 31, 1956 5 U.S.C. 2206(a)(6) section 1113(b) of Title 5 Pub. L. 87367, title III,  302(d) Oct. 4, 1961 75 Stat. 793 On and after the effective date of this subsection, section 116(a) of the Federal Employees Salary Increase Act of 1960 (Part B of the Act of July 1, 1960 74 Stat. 303 Public Law 86568 1958 Pub. L. 85462,  3(a) June 20, 1958 72 Stat. 207 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. (a)(2)), section 3656 of title 18 1955 Act June 28, 1955, ch. 189,  3(a) 69 Stat. 175 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C., sec. 102(a)(2)), section 3656 of title 18 1951 Act Oct. 24, 1951, ch. 554,  1(c) 65 Stat. 613 The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed pursuant to section 62(2) of the Bankruptcy Act (11 U.S.C.  102(a)(2)), section 3656 of title 18 section 792(b) of title 28 Reference to Assistant Director Deemed Reference to Deputy Director References in any other law to Assistant Director of the Administrative Office of the United States Courts deemed to be reference to the Deputy Director of the Administrative Office of the United States Courts, see note set out under section 601 of this title  604. Duties of Director generally (a) The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall: (1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts; (2) Examine the state of the dockets of the courts; secure information as to the courts need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts; (3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Directors recommendations, which report, data and recommendations shall be public documents. (4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section; (5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate judges retired under section 377 of this title section 373 of this title 1 1 April 24, 1999 (6) Determine and pay necessary office expenses of courts, judges, and those court officials whose expenses are by law allowable, and the lawful fees of United States magistrate judges; (7) Regulate and pay annuities to widows and surviving dependent children of justices and judges of the United States, judges of the United States Court of Federal Claims, bankruptcy judges, United States magistrate judges, Directors of the Federal Judicial Center, and Directors of the Administrative Office, and necessary travel and subsistence expenses incurred by judges, court officers and employees, and officers and employees of the Administrative Office, and the Federal Judicial Center, while absent from their official stations on official business, without regard to the per diem allowances and amounts for reimbursement of actual and necessary expenses established by the Administrator of General Services under section 5702 of title 5 section 456 of this title (8) Disburse appropriations and other funds for the maintenance and operation of the courts; (9) Establish pretrial services pursuant to section 3152 of title 18 (10) (A) Purchase, exchange, transfer, distribute, and assign the custody of lawbooks, equipment, supplies, and other personal property for the judicial branch of Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17)); (B) provide or make available readily to each court appropriate equipment for the interpretation of proceedings in accordance with section 1828 of this title section 1828 of this title (11) Audit vouchers and accounts of the courts, the Federal Judicial Center, the offices providing pretrial services, and their clerical and administrative personnel; (12) Provide accommodations for the courts, the Federal Judicial Center, the offices providing pretrial services and their clerical and administrative personnel; (13) Lay before Congress, annually, statistical tables that will accurately reflect the business transacted by the several bankruptcy courts, and all other pertinent data relating to such courts; (14) Pursuant to section 1827 of this title (15) Pursuant to section 1828 of this title (16) (A) In those districts where the Director considers it advisable based on the need for interpreters, authorize the full-time or part-time employment by the court of certified interpreters; (B) where the Director considers it advisable based on the need for interpreters, appoint certified interpreters on a full-time or part-time basis, for services in various courts when he determines that such appointments will result in the economical provision of interpretation services; and (C) pay out of moneys appropriated for the judiciary interpreters salaries, fees, and expenses, and other costs which may accrue in accordance with the provisions of sections 1827 and 1828 of this title; (17) In the Directors discretion, (A) accept and utilize voluntary and uncompensated (gratuitous) services, including services as authorized by section 3102(b) of title 5 (18) Establish procedures and mechanisms within the judicial branch for processing fines, restitution, forfeitures of bail bonds or collateral, and assessments; (19) Regulate and pay annuities to bankruptcy judges and United States magistrate judges in accordance with section 377 of this title (20) Periodically compile (A) the rules which are prescribed under section 2071 of this title (B) the rules which are prescribed under section 358 of this title (C) the orders which are required to be publicly available under section 360(b) of this title so as to provide a current record of such rules and orders; (21) Establish a program of incentive awards for employees of the judicial branch of the United States Government, other than any judge who is entitled to hold office during good behavior; (22) Receive and expend, either directly or by transfer to the United States Marshals Service or other Government agency, funds appropriated for the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress/egress control, inspection of packages, directed security patrols, and other similar activities; (23) Regulate and pay annuities to judges of the United States Court of Federal Claims in accordance with section 178 of this title (24) Establish and administer a vulnerability management program in the judicial branch; and (25) Perform such other duties as may be assigned to the Director by the Supreme Court or the Judicial Conference of the United States. (b) The clerical and administrative personnel of the courts shall comply with all requests by the Director for information or statistical data as to the state of court dockets. (c) Inspection of court dockets outside the continental United States may be made through United States officials residing within the jurisdiction where the inspection is made. (d) The Director, under the supervision and direction of the conference, shall: (1) supervise all administrative matters relating to the offices of the United States magistrate judges; (2) gather, compile, and evaluate all statistical and other information required for the performance of his duties and the duties of the conference with respect to such officers; (3) lay before Congress annually statistical tables and other information which will accurately reflect the business which has come before the various United States magistrate judges, including (A) the number of matters in which the parties consented to the exercise of jurisdiction by a magistrate judge, (B) the number of appeals taken pursuant to the decisions of magistrate judges and the disposition of such appeals, and (C) the professional background and qualifications of individuals appointed under section 631 of this title (4) prepare and distribute a manual, with annual supplements and periodic revisions, for the use of such officers, which shall set forth their powers and duties, describe all categories of proceedings that may arise before them, and contain such other information as may be required to enable them to discharge their powers and duties promptly, effectively, and impartially. (e) The Director may promulgate appropriate rules and regulations approved by the conference and not inconsistent with any provision of law, to assist him in the performance of the duties conferred upon him by subsection (d) of this section. Magistrate judges shall keep such records and make such reports as are specified in such rules and regulations. (f) The Director may make, promulgate, issue, rescind, and amend rules and regulations (including regulations prescribing standards of conduct for Administrative Office employees) as may be necessary to carry out the Directors functions, powers, duties, and authority. The Director may publish in the Federal Register such rules, regulations, and notices for the judicial branch of Government as the Director determines to be of public interest; and the Director of the Federal Register hereby is authorized to accept and shall publish such materials. (g) (1) When authorized to exchange personal property, the Director may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired, but any transaction carried out under the authority of this subsection shall be evidenced in writing. (2) The Director hereby is authorized to enter into contracts for public utility services and related terminal equipment for periods not exceeding ten years. (3) (A) In order to promote the recycling and reuse of recyclable materials, the Director may provide for the sale or disposal of recyclable scrap materials from paper products and other consumable office supplies held by an entity within the judicial branch. (B) The sale or disposal of recyclable materials under subparagraph (A) shall be consistent with the procedures provided in sections 541555 of title 40 for the sale of surplus property. (C) Proceeds from the sale of recyclable materials under subparagraph (A) shall be deposited as offsetting collections to the fund established under section 1931 of this title (4) The Director is hereby authorized: (A) to enter into contracts for the acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year to the same extent as the head of an executive agency under the authority of section 253 l 2 2 (B) to enter into contracts for multiple years for the acquisition of property and services to the same extent as executive agencies under the authority of section 254c 2 (C) to make advance, partial, progress or other payments under contracts for property or services to the same extent as executive agencies under the authority of section 255 2 (h) (1) The Director shall, out of funds appropriated for the operation and maintenance of the courts, provide facilities and pay necessary expenses incurred by the judicial councils of the circuits and the Judicial Conference under chapter 16 of this title, including mileage allowance and witness fees, at the same rate as provided in section 1821 of this title (2) The Director of the Administrative Office of the United States Courts shall include in his annual report filed with the Congress under this section a summary of the number of complaints filed with each judicial council under chapter 16 of this title, indicating the general nature of such complaints and the disposition of those complaints in which action has been taken. (i)  Restrictions on Criminal History Inquiries. (1)  Definitions In this subsection (A) the terms agency and criminal history record information have the meanings given those terms in section 9201 of title 5 (B) the term covered employee means an employee of the judicial branch of the United States Government, other than (i) any judge or justice who is entitled to hold office during good behavior; (ii) a United States magistrate judge; or (iii) a bankruptcy judge; and (C) the term employing office means any office or entity of the judicial branch of the United States Government that employs covered employees. (2)  Restriction A covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 (3)  Employing office policies; complaint procedure The provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection. (4)  Adverse action. (A)  Adverse action The Director may take such adverse action with respect to a covered employee who violates paragraph (2) as would be appropriate under section 9204 of title 5 (B)  Appeals The Director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph (A) by not later than 30 days after the date of the action. (C)  Applicability of other laws Except as provided in subparagraph (B), an adverse action taken under subparagraph (A) (including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review. (5)  Regulations to be issued. (A)  In general Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Director shall issue regulations to implement this subsection. (B)  Parallel with agency regulations The regulations issued under subparagraph (A) shall be the same as substantive regulations promulgated by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 except to the extent that the Director of the Administrative Office of the United States Courts may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection. (6)  Effective date Paragraphs (1) through (4) shall take effect on the date on which section 9202 of title 5 ( June 25, 1948, ch. 646 62 Stat. 914 Aug. 3, 1956, ch. 944,  3 70 Stat. 1026 Pub. L. 90219, title II,  203(a) Dec. 20, 1967 81 Stat. 669 Pub. L. 90578, title II,  201 Oct. 17, 1968 82 Stat. 1114 Pub. L. 92397,  4 Aug. 22, 1972 86 Stat. 580 Pub. L. 93619, title II,  204 Jan. 3, 1975 88 Stat. 2089 Pub. L. 95539 Oct. 28, 1978 92 Stat. 2043 Pub. L. 95598, title II,  225 Nov. 6, 1978 92 Stat. 2664 Pub. L. 9682,  5 Oct. 10, 1979 93 Stat. 645 Pub. L. 96458,  5 Oct. 15, 1980 94 Stat. 2040 Pub. L. 96523,  1(c)(1) Dec. 12, 1980 94 Stat. 3040 Pub. L. 97267,  7 Sept. 27, 1982 96 Stat. 1139 Pub. L. 99554, title I,  116 Oct. 27, 1986 100 Stat. 3095 Pub. L. 100185,  2 Dec. 11, 1987 101 Stat. 1279 Pub. L. 100659,  6(a) Nov. 15, 1988 102 Stat. 3918 Pub. L. 100702, title IV,  402(a) Nov. 19, 1988 102 Stat. 4650 Pub. L. 101474,  5(r) Oct. 30, 1990 104 Stat. 1101 Pub. L. 101647, title XXV,  2548 Nov. 29, 1990 104 Stat. 4888 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5111 Pub. L. 102572, title V,  503 Oct. 29, 1992 106 Stat. 4513 Pub. L. 106113, div. B,  1000(a)(1) [title III,  305] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106518, title II,  204 Nov. 13, 2000 114 Stat. 2414 Pub. L. 107217,  3(g)(1) Aug. 21, 2002 116 Stat. 1299 Pub. L. 107273, div. C, title I,  11043(e) Nov. 2, 2002 116 Stat. 1855 Pub. L. 109115, div. A, title IV,  407(a) Nov. 30, 2005 119 Stat. 2470 Pub. L. 110177, title V,  502(a) Jan. 7, 2008 121 Stat. 2542 Pub. L. 1118, div. D, title III,  307(a) Mar. 11, 2009 123 Stat. 648 Pub. L. 111350,  5(g)(2) Jan. 4, 2011 124 Stat. 3848 Pub. L. 11692, div. A, title XI,  1122(e) Dec. 20, 2019 133 Stat. 1609 Pub. L. 117263, div. E, title LIX,  5936(a)(3) Dec. 23, 2022 136 Stat. 3467  Historical and Revision Notes Based on sections 7261 and 726a of title 18, U.S.C., 1940 ed., Criminal Code and Criminal Procedure, and sections 1130(a)(b) and 1131 of title 26, U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C., 1940 ed.,  9, 128, 222a, 245, 268a, 278a, 302306, 374b, 446, 447, 450, 544, 545, 547, 557, 558, 560, 561, 561a, 562, 563, 565, 566, 595, and 596 and sections 11204 and 11403, District of Columbia Code, 1940 ed. (R.S.  1075, 1085; Mar. 3, 1891, ch. 517 26 Stat. 826 Feb. 9, 1893, ch. 74,  4 27 Stat. 435 July 30, 1894, ch. 172,  1 28 Stat. 160 Mar. 3, 1901, ch. 854,  224 31 Stat. 1224 June 30, 1902, ch. 1329 32 Stat. 528 Mar. 3, 1905, ch. 1487 33 Stat. 1259 Mar. 3, 1911, ch. 231,  5 36 Stat. 1088 Mar. 3, 1911, ch. 231,  118a June 17, 1930, ch. 509 46 Stat. 774 Mar. 3, 1911, ch. 231,  118b Feb. 17, 1936, ch. 75 49 Stat. 1140 Mar. 3, 1911, ch. 231 36 Stat. 1136 Mar. 3, 1911, ch. 231 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 Aug. 23, 1912, ch. 350 37 Stat. 412 Feb. 26, 1919, ch. 49 40 Stat. 1182 July 19, 1919, ch. 24,  1 41 Stat. 210 Nov. 4, 1919, ch. 93,  1 41 Stat. 338 Feb. 11, 1921, ch. 46 41 Stat. 1099 Feb. 22, 1921, ch. 70,  7 41 Stat. 1144 Mar. 4, 1921, ch. 161 41 Stat. 1412 June 1, 1922, ch. 204 42 Stat. 616 Jan. 3, 1923, ch. 21 42 Stat. 1084 Mar. 4, 1923, ch. 265 42 Stat. 1488 May 28, 1924, ch. 204 43 Stat. 221 Feb. 27, 1925, ch. 364 43 Stat. 1030 Apr. 29, 1926, ch. 195 44 Stat. 346 May 21, 1928, ch. 659 45 Stat. 645 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 June 16, 1930, ch. 494 46 Stat. 589 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1936, ch. 804 49 Stat. 1921 Apr. 27, 1938, ch. 180 52 Stat. 264 Feb. 10, 1939, ch. 2 53 Stat. 162 June 29, 1939, ch. 248 53 Stat. 902 May 14, 1940, ch. 189 54 Stat. 204 June 28, 1941, ch. 258 55 Stat. 300302 July 2, 1942, ch. 472 56 Stat. 503 June 28, 1943, ch. 173 57 Stat. 242 June 26, 1944, ch. 277 58 Stat. 357 Dec. 7, 1944, ch. 522,  1 58 Stat. 796 May 21, 1945, ch. 129 59 Stat. 184 July 5, 1946, ch. 541 60 Stat. 478 For purposes of uniformity, all provisions of law governing the regulation and allowance of office, travel, and subsistence expenses of all officers and employees of the courts, except those provisions relating to Supreme Court officers and employees, are incorporated in subsection (a)(6)(7) of this section. Likewise the provisions respecting the compensation of court officers and employees, except those of the Supreme Court, are incorporated in subsection (a)(5). In each instance the power to fix and determine such salaries and expenses is transferred to the Director of the Administrative Office of the United States Courts. This change is in conformity with the Administrative Office Act 1939 included in this chapter. Compensation of bailiffs however is provided by sections 713 and 755 of this title and that of court reporters by section 753 of this title Salaries and travel expenses of Court of Claims Commissioners are covered by section 792 of this title The language and the lawful fees of United States Commissioners in subsection (a)(6) and the offices of the United States Commissioners in subsection (a)(9) is new. It conforms with sections 633, 636 and 639 of this title. Subsection (a)(5)(7) covers the provisions of section 7261 and 726a of title 18, U.S.C., 1940 ed., which provided that probation officers salaries should not be less than $1,800 nor more than $3,600 per annum and their traveling expenses should not exceed more than 4 cents per mile. Words and officers and employees of the Administrative Office were added in subsection (a)(7) to expressly authorize travel and subsistence expenses of such officers and employees. The power to fix such pay and allowances is transferred to the Director as above indicated, and conforms with the Administrative Office Act of 1939. For further explanation of the general supervision of probation officers, see revisers note under section 3654, H. Rept. to accompany H.R. 3190 for revision of title 18, U.S.C. Subsection (a)(8) covers the provisions of section 1131 of title 26 Two references to officials and employees covered by this chapter were changed to clerical and administrative personnel, following the language of paragraph (a)(1), conferring general power to supervise such personnel as respects administrative matters. Similar language was used in paragraph (b) instead of The clerks of the district courts, their deputies and assistants, and all other employees of said courts. The provisions of section 374b of title 28 For increases in basic rates of compensation for other judicial officers and employees see, also, section 521 of Act June 30, 1945, ch. 212 The designation senior circuit judges was changed to chief judges of the circuits in conformity with section 45 of this title Provisions of section 11204 of District of Columbia Code, 1940 ed., relating to appointment of clerk of the United States Court of Appeals for the District of Columbia, and deputy clerk, crier, and messenger thereof, and the provisions relating to accounting for fees, are incorporated in sections 711 and 713 of this title. Provisions of said section, requiring the clerk of such court to give bond, were omitted as covered by section 952 of this title section 1913 of this title For distribution of other provisions of sections on which this section is based, see Distribution Table. Changes were made in phraseology and arrangement. Senate Revision Amendments By Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally enacted, sections 1130(a)(b) and 1131 of Title 26, U.S.C., Internal Revenue Code [1940 ed.], did not constitute part of the source of this section. However, no change in the text of the section was necessary. See 80th Congress Senate Report No. 1559. As finally enacted, part of act July 9, 1947, ch. 211, title IV 61 Stat. 304 Editorial Notes  References in Text Section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (a)(19), is section 2(c) of Pub. L. 100659 Nov. 15, 1988 102 Stat. 3916 section 377 of this title Section 253 l act June 30, 1949, ch. 288 l section 3902 of Title 41 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 Section 254c of title 41 act June 30, 1949, ch. 288 section 3903 of Title 41 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 Section 255 of title 41 act June 30, 1949, ch. 288 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 The date of enactment of the Fair Chance to Compete for Jobs Act of 2019, referred to in subsec. (i)(5)(A), is the date of enactment of subtitle B of title XI of div. A of Pub. L. 11692 Dec. 20, 2019 Section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019, referred to in subsec. (i)(5)(B), probably means section 1122(b)(1) of Pub. L. 11692 section 9201 of Title 5 Amendments 2022Subsec. (a)(24), (25). Pub. L. 117263 2019Subsec. (i). Pub. L. 11692 2011Subsec. (a)(10)(C). Pub. L. 111350 41 U.S.C. 5 2009Subsec. (a)(5). Pub. L. 1118 section 377 of this title section 373 of this title section 631 of this title 2008Subsec. (a)(5). Pub. L. 110177 section 631 of this title 2005Subsec. (g)(4). Pub. L. 109115 2002Subsec. (a)(20)(B). Pub. L. 107273,  11043(e)(1)(A) Subsec. (a)(20)(C). Pub. L. 107273,  11043(e)(1)(B) Subsec. (g)(3)(B). Pub. L. 107217 40 U.S.C. 484 Subsec. (h)(1). Pub. L. 107273,  11043(e)(2)(A) Subsec. (h)(2). Pub. L. 107273,  11043(e)(2)(B) 2000Subsec. (a)(8). Pub. L. 106518,  304(d) Subsec. (a)(24). Pub. L. 106518,  204 1999Subsec. (a)(5). Pub. L. 106113 April 24, 1999 1992Subsec. (a)(7), (23). Pub. L. 102572,  902(b)(1) Subsec. (g)(3). Pub. L. 102572,  503 1990Subsec. (a)(7). Pub. L. 101650,  325(c)(1) Pub. L. 100702,  1011 Pub. L. 101650,  306(e)(1)(B)(i) Subsec. (a)(19). Pub. L. 101474,  5(r) Pub. L. 101650,  306(e)(1)(A) Pub. L. 100702,  402(a)(1) Subsec. (a)(23). Pub. L. 101650,  306(e)(1)(B)(iii) Pub. L. 101474,  5(r) Pub. L. 101650,  306(e)(1)(A) Pub. L. 100702,  402(a)(1) Subsec. (a)(24). Pub. L. 101650,  306(e)(1)(B)(ii) Pub. L. 101647 1988Subsec. (a)(2). Pub. L. 100702,  1020(a)(2) Subsec. (a)(7). Pub. L. 100702,  1011 Pub. L. 101650,  325(c)(1) section 5702 of title 5 section 456 of this title Pub. L. 100659,  6(a)(1) Subsec. (a)(14), (15). Pub. L. 100702,  1008(1) Subsec. (a)(16), (17). Pub. L. 100702,  1008(1) Subsec. (a)(18). Pub. L. 100702,  1008(1) Pub. L. 100659 Pub. L. 100659,  6(a)(3) Subsec. (a)(19). Pub. L. 100702,  1008(2) Pub. L. 100702,  402(a)(2) Pub. L. 100702,  402(a) Pub. L. 101474,  5(r) Pub. L. 101650,  306(e)(1)(A) Pub. L. 100659,  6(a)(2) Subsec. (a)(20). Pub. L. 100702,  1008(2) Pub. L. 100702,  402(a)(2) Subsec. (a)(21). Pub. L. 100702,  1008(2) Subsec. (a)(22). Pub. L. 100702,  1010 Subsec. (a)(23). Pub. L. 100702,  402(a)(1) Pub. L. 101474,  5(r) Pub. L. 101650,  306(e)(1)(A) 1987Subsec. (a)(17), (18). Pub. L. 100185 1986Subsec. (f). Pub. L. 99554 Pub. L. 99598,  225(b) 1982Subsec. (a)(9). Pub. L. 97267,  7(1) Subsec. (a)(10). Pub. L. 97267,  7(2) Subsec. (a)(11). Pub. L. 97267,  7(3) Subsec. (a)(12). Pub. L. 97267,  7(4) 1980Subsec. (a)(16)(A). Pub. L. 96523 Subsec. (h). Pub. L. 96458 1979Subsec. (d)(3). Pub. L. 9682 1978Subsec. (a)(10). Pub. L. 95539,  3(a) section 1828 of this title section 5 of title 41 section 1828 of this title Subsec. (a)(13), (14). Pub. L. 95598,  225(a) Subsec. (a)(13) to (16). Pub. L. 95539,  3(b) Subsec. (a)(17). Pub. L. 95539,  3(b) Subsec. (f). Pub. L. 95598,  225(b) Subsecs. (f), (g). Pub. L. 95539,  4 1975Subsec. (a)(9). Pub. L. 93619 Subsec. (a)(10). Pub. L. 93619 Subsec. (a)(11). Pub. L. 93619 Subsec. (a)(12). Pub. L. 93619 Subsec. (a)(13). Pub. L. 93619 1972Subsec. (a)(7). Pub. L. 92397 1968Subsec. (a)(9). Pub. L. 90578,  201(a) Subsecs. (d), (e). Pub. L. 90578 1967Subsec. (a)(7). Pub. L. 90219,  203(a) Subsec. (a)(9). Pub. L. 90219,  203(b) Subsec. (a)(10), (11). Pub. L. 90219,  203(c) 1956Subsec. (a)(7). Act Aug. 3, 1956 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges, magistrate judge, magistrate judges, and Magistrate judges substituted for United States magistrates, magistrate, magistrates, and Magistrates, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title section 402(b)(2) of Pub. L. 90578 Effective Date of 2009 Amendment Pub. L. 1118, div. D, title III,  307(c) Mar. 11, 2009 123 Stat. 649 Subsection (b) [enacting provisions set out as a note under section 8701 of Title 5 Public Law 110177 Jan. 7, 2008 Effective Date of 2008 Amendment Pub. L. 110177, title V,  502(c) Jan. 7, 2008 121 Stat. 2542 Subsection (b) [enacting provisions set out as a note under section 8701 of Title 5 Jan. 7, 2008 Effective Date of 1992 Amendment Amendment by section 503 of Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Amendment by section 902(b)(1) of Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1990 Amendment Amendment by section 306(e)(1) of Pub. L. 101650 Dec. 1, 1990 section 306(f) of Pub. L. 101650 section 8331 of Title 5 Effective Date of 1988 Amendments Amendment by section 402(a) of Pub. L. 100702 Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Amendment by Pub. L. 100659 Nov. 15, 1988 Nov. 15, 1988 July 31, 1987 section 9 of Pub. L. 100659 section 377 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title Effective Date of 1980 Amendments Amendment by Pub. L. 96523 Dec. 12, 1980 section 3 of Pub. L. 96523 section 3102 of Title 5 Amendment by Pub. L. 96458 Oct. 1, 1981 section 7 of Pub. L. 96458 section 331 of this title Effective Date of 1978 Amendments Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 Amendment by Pub. L. 95539 Oct. 28, 1978 section 10(a) of Pub. L. 95539 section 602 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Expiration of Authorities Pub. L. 109115, div. A, title IV,  407(c) Nov. 30, 2005 119 Stat. 2471 section 612 of this title Sept. 30, 2010 Pub. L. 1118, div. D, title III,  308 Mar. 11, 2009 123 Stat. 649 Reports by Director of Administrative Office of United States Courts For requirement that Director of Administrative Office of the United States Courts include statistical information about implementation of chapter 44 of this title in annual report under section 604(a)(3) of this title section 903(a) of Pub. L. 100702 section 651 of this title 1970 Increase in Pay Rates of Judicial Branch Employees Whose Rates of Pay Are Fixed by Administrative Action Adjustment of rates of pay of judicial branch employees whose rates of pay are fixed by administrative action by not to exceed the amounts of the adjustment for corresponding rates for employees subject to the section 2(a) of Pub. L. 91231 Dec. 27, 1969 Pub. L. 91231 section 5332 of Title 5 Compensation and Appointment of Secretaries and Law Clerks Provisions authorizing the appointment and compensation of secretaries and law clerks to circuit and district judges in such number and at such rates of compensation as may be determined by the Judicial Conference of the United States were contained in the following appropriation acts: Dec. 12, 1985 Pub. L. 99180, title IV 99 Stat. 1154 Aug. 30, 1984 Pub. L. 98411, title IV 98 Stat. 1571 Nov. 28, 1983 Pub. L. 98166, title IV 97 Stat. 1099 Dec. 21, 1982 Pub. L. 97377,  101(d) [S. 2956, title IV] 96 Stat. 1866 Dec. 15, 1981 Pub. L. 9792,  101(h) Pub. L. 96536,  101 o 95 Stat. 1190 Dec. 16, 1980 Pub. L. 96536,  101 o 94 Stat. 3169 Sept. 24, 1979 Pub. L. 9668, title IV 93 Stat. 428 Oct. 10, 1978 Pub. L. 95431, title IV 92 Stat. 1037 Aug. 2, 1977 Pub. L. 9586, title IV 91 Stat. 435 July 14, 1976 Pub. L. 94362, title IV 90 Stat. 953 Oct. 21, 1975 Pub. L. 94121, title IV 89 Stat. 630 Oct. 5, 1974 Pub. L. 93433, title IV 88 Stat. 1202 Nov. 27, 1973 Pub. L. 93162, title IV 87 Stat. 651 Oct. 25, 1972 Pub. L. 92544, title IV 86 Stat. 1126 Aug. 10, 1971 Pub. L. 9277, title IV 85 Stat. 262 Oct. 21, 1970 Pub. L. 91472, title IV 84 Stat. 1056 Dec. 24, 1969 Pub. L. 91153, title IV 83 Stat. 419 Aug. 9, 1968 Pub. L. 90470, title IV 82 Stat. 685 Nov. 8, 1967 Pub. L. 90133, title IV 81 Stat. 427 Nov. 8, 1966 Pub. L. 89797, title IV 80 Stat. 1499 Sept. 2, 1965 Pub. L. 89164, title IV 79 Stat. 638 Aug. 31, 1964 Pub. L. 88527, title IV 78 Stat. 729 Dec. 30, 1963 Pub. L. 88245, title IV 77 Stat. 795 Oct. 18, 1962 Pub. L. 87843, title IV 76 Stat. 1099 Sept. 21, 1961 Pub. L. 87264, title III 75 Stat. 555 Aug. 31, 1960 Pub. L. 86678, title III 74 Stat. 566 July 13, 1959 Pub. L. 8684, title III 73 Stat. 192 June 30, 1958 Pub. L. 85474, title III 72 Stat. 254 June 11, 1957 Pub. L. 8540, title III 70 Stat. 65 June 20, 1956, ch. 414 70 Stat. 310 July 7, 1955, ch. 279 69 Stat. 276 July 2, 1954, ch. 455 68 Stat. 410 Aug. 1, 1953, ch. 304 67 Stat. 334 July 10, 1952, ch. 651 66 Stat. 569 Oct. 22, 1951, ch. 533 65 Stat. 596 Sept. 6, 1950, ch. 896 64 Stat. 631 Limitation on Aggregate Salaries of Secretaries and Law Clerks 1967 Pub. L. 90206, title II,  213(b) Dec. 16, 1967 81 Stat. 635 The limitations provided by applicable law on the effective date of this section [see Effective Date of 1967 Amendment Note set out under section 5332 of Title 5 section 202(a) of this title section 5332(a) of Title 5 section 5332 of Title 5 Section 213(b) of Pub. L. 90206 Oct. 1, 1967 section 220(a)(2) of Pub. L. 90206 section 5332 of Title 5 1966 Pub. L. 89504, title II,  202(b) July 18, 1966 80 Stat. 294 The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by amounts which reflect the respective applicable increases provided by section 102(a) of title I of this Act [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees]. Provision effective first day of first pay period which begins on or after July 1, 1966 section 203 of Pub. L. 89504 section 603 of this title 1965 Pub. L. 89301,  12(b) Oct. 29, 1965 79 Stat. 1122 The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by amounts which reflect the respective applicable increases provided by section 2(a) of this Act [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees]. 1964 Pub. L. 88426, title IV,  402(b) Aug. 14, 1964 78 Stat. 433 The limitation provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by amounts which reflect the respective applicable increases provided by the title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees]. 1962 Pub. L. 87793, title VI,  1004(b) Oct. 11, 1962 76 Stat. 866 The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by two amounts, the first amount to be effective for the period beginning as of the first day of the first pay period which begins on or after the date of enactment of this Act [ Oct. 11, 1962 January 1, 1964 January 1, 1964 1960 Pub. L. 86568, title I,  116(b) July 1, 1960 74 Stat. 303 The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by the amounts necessary to pay the additional basic compensation provided by this part. Words this part, referred to above, means Part B of Pub. L. 86568 section 753 of this title section 590h of Title 16 section 867 of Title 22 1958 Pub. L. 85462,  3(b) June 20, 1958 72 Stat. 207 The limitations of $13,485 and $18,010 with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges, contained in the paragraph designated Salaries of supporting personnel in the Judiciary Appropriation Act, 1958 ( 71 Stat. 65 Public Law 8549 1955 Act June 28, 1955, ch. 189,  3(b) 69 Stat. 175 The limitations of $10,560 and $14,355 with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges, contained in the paragraph under the heading  salaries of supporting personnel 1951 Act Oct. 24, 1951, ch. 554,  1(d) 65 Stat. 613 The limitations of $9,600 and $13,050 with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges, contained in the sixteenth paragraph under the head Miscellaneous salaries in the Judiciary Appropriation Act, 1951 (Public Law 759, Eighty-first Congress), or in any subsequent appropriation Act, shall be increased by the amounts necessary to pay the additional basic compensation provided by this Act. The particular paragraph of the Judiciary Appropriation Act, 1951 (Public Law 759, Eighty-first Congress), referred to above, is act Sept. 6, 1950, ch. 896 64 Stat. 631 act Oct. 22, 1951, ch. 533, title IV,  401 65 Stat. 596 Increases in Compensation Rates Increases in rates of basic compensation fixed pursuant to subsec. (a)(5) of this section, see notes under section 603 of this title Travel and Subsistence Expenses Pub. L. 87139,  6 Aug. 14, 1961 75 Stat. 340 The Director of the Administrative Office of the United States Courts shall promulgate, in accordance with section 604(a)(7) and section 456 of title 28 section 553 of this title o  605. Budget estimates  The Director, under the supervision of the Judicial Conference of the United States, shall submit to the Office of Management and Budget annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the courts and the Administrative Office and the operation of the judicial survivors annuity fund, and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law. The Director shall cause periodic examinations of the judicial survivors annuity fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose, and whose findings and recommendations shall be transmitted by the Director to the Judicial Conference. Such estimates shall be approved, before presentation to the Office of Management and Budget, by the Judicial Conference of the United States, except that the estimate with respect to the Court of International Trade shall be approved by such court and the estimate with respect to the United States Court of Appeals for the Federal Circuit shall be approved by such court. ( June 25, 1948, ch. 646 62 Stat. 915 July 9, 1956, ch. 517,  1(e) 70 Stat. 497 Aug. 3, 1956, ch. 944,  4 70 Stat. 1026 Pub. L. 87253,  3 Sept. 19, 1961 75 Stat. 521 Pub. L. 96417, title V,  501(14) Oct. 10, 1980 94 Stat. 1742 Pub. L. 97164, title I,  119(a) Apr. 2, 1982 96 Stat. 33 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1068  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  447 ( Mar. 3, 1911, ch. 231,  305 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains provisions of section 447 of title 28 section 604 of this title The designation senior circuit judges was changed to chief judges of the circuits in conformity with section 45 of this title Changes were made in phraseology. Senate Revision Amendment Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1982 Pub. L. 97258 section 11 of Title 31 section 1105(b) of Title 31 Pub. L. 97164 1980 Pub. L. 96417 1961 Pub. L. 87253 1956Act Aug. 3, 1956 Act July 9, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title  606. Duties of Deputy Director  The Deputy Director shall perform the duties assigned to him by the Director, and shall act as Director during the absence or incapacity of the Director or when the Directors office is vacant. ( June 25, 1948, ch. 646 62 Stat. 915 Pub. L. 86370,  5(a)(1) Sept. 23, 1959 73 Stat. 652  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  444 ( Mar. 3, 1911, ch. 231,  302 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains provisions as to duties of Assistant Director in section 444 of title 28 Editorial Notes Amendments 1959 Pub. L. 86370 Statutory Notes and Related Subsidiaries Effective Date of 1959 Amendment Amendment by Pub. L. 86370 Sept. 23, 1959 section 7(a) of Pub. L. 86370 Reference to Assistant Director Deemed Reference to Deputy Director References in any other law to Assistant Director of the Administrative Office of the United States Courts deemed to be reference to the Deputy Director of the Administrative Office of the United States Courts, see note set out under section 601 of this title  607. Practice of law prohibited  An officer or employee of the Administrative Office shall not engage directly or indirectly in the practice of law in any court of the United States. ( June 25, 1948, ch. 646 62 Stat. 915  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  445 ( Mar. 3, 1911, ch. 231,  303 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains the last paragraph of title 28, U.S.C., 1940 ed.,  445. The remainder of said section is incorporated in sections 602 and 603 of this title. Changes were made in phraseology.  608. Seal  The Director shall use a seal approved by the Supreme Court. Judicial notice shall be taken of such seal. ( June 25, 1948, ch. 646 62 Stat. 915  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  444 ( Mar. 3, 1911, ch. 231,  302 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains a part of section 444 of title 28 Changes were made in phraseology.  609. Courts appointive power unaffected  The authority of the courts to appoint their own administrative or clerical personnel shall not be limited by any provisions of this chapter. ( June 25, 1948, ch. 646 62 Stat. 915  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.  446 ( Mar. 3, 1911, ch. 231,  304 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 This section contains the last clause of section 446(1) of title 28 A similar provision with respect to the Attorney Generals authority over United States attorneys and their assistants, and United States marshals and their deputies was omitted as unnecessary since there is nothing in this chapter that could affect such authority of the Attorney General. For other provisions of section 446 of title 28 section 604 of this title Minor changes were made in phraseology.  610. Courts defined  As used in this chapter the word courts includes the courts of appeals and district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, and the Court of International Trade. ( June 25, 1948, ch. 646 62 Stat. 915 Oct. 31, 1951, ch. 655,  44 65 Stat. 725 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 95598, title II,  226 Nov. 6, 1978 92 Stat. 2665 Pub. L. 96417, title V,  501(15) Oct. 10, 1980 94 Stat. 1742 Pub. L. 97164, title I,  120(a) Apr. 2, 1982 96 Stat. 33 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  450 ( Mar. 3, 1911, ch. 231,  308 Aug. 7, 1939, ch. 501,  1 53 Stat. 1223 Words and the United States Court for China were omitted. See revisers note under section 411 of this title Provisions making this chapter and sections 332 and 333 of this title expressly applicable to the Court of Appeals for the District of Columbia were omitted as covered by courts of appeals. (See section 41 of this title section 44 of this title A definition of continental United States as the States of the Union and the District of Columbia is omitted as unnecessary. (See revisers note under section 333 of this title The term district courts in the United States in this section includes the District Court for the District of Columbia. (See section 88 of this title Other provisions of section 450 of title 28 The phrase all other courts of the United States established by Act of Congress was added to provide for future growth of the Federal judicial system. [See Senate Revision Amendment below.] Changes in arrangement and phraseology were made. Senate Revision Amendment Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1980 Pub. L. 96417 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1958 Pub. L. 85508 section 81A of this title 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  611. Retirement of Director (a) The Director may, by written election filed with the Chief Justice of the United States within 6 months after the date on which he takes office, waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retirement System) or chapter 84 of title 5 (the Federal Employees Retirement System), whichever is applicable, and bring himself within the purview of this section. A Director who elects coverage under this section shall be deemed an employee for purposes of chapter 84 of title 5, subchapter III, regardless of whether he has waived the coverage of chapter 83, subchapter III, or chapter 84. Waiver of coverage under chapter 83, subchapter III, and election of this section shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure retirement credit under chapter 83 for service as Director by depositing with interest the amount required by section 8334 of title 5 January 1, 1984 December 31, 1986 section 8422(a) of title 5 December 31, 1986 section 8334(e) of title 5 (b) Upon the retirement of a Director who has elected coverage under this section and who has at least fifteen years of service and has attained the age of sixty-five years the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement. Upon the retirement of a Director who has elected coverage under this section and who has at least ten years of service, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service. (c) A Director who has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has at least fifteen years of service, or equal to that proportion of 80 percentum of such salary that the aggregate number of years of his service bears to fifteen if he has less than fifteen years of service, but in no event less than 50 per centum of such salary. (d) For the purpose of this section, service means service, whether or not continuous, as Director of the Administrative Office of the United States Courts, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives, or a civilian official appointed by the President, by and with the advice and consent of the Senate. (e) Each annuity payable under this section shall be increased by the same percentage amount and effective on the same date as annuities payable under chapter 83 of title 5, are increased as provided by section 8340 of title 5 (Added Pub. L. 90219, title II,  201(a) Dec. 20, 1967 81 Stat. 668 Pub. L. 100702, title X Nov. 19, 1988 102 Stat. 4665 Pub. L. 106518, title III,  301(a) Nov. 13, 2000 114 Stat. 2416  Editorial Notes Amendments 2000Subsec. (b). Pub. L. 106518,  301(a)(2) Subsec. (c). Pub. L. 106518,  301(a)(3) Subsec. (d). Pub. L. 106518,  301(a)(1) 1988Subsec. (a). Pub. L. 100702,  1006(a)(1) section 8334 of title 5 Subsec. (e). Pub. L. 100702,  1004(a) Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100702, title X,  1004(b) Nov. 19, 1988 102 Stat. 4666 The amendments made by this section [amending this section and section 627 of this title Nov. 19, 1988 Pub. L. 100702, title X,  1006(b) Nov. 19, 1988 102 Stat. 4667 The amendments made by this section [amending this section and section 627 of this title Nov. 19, 1988 Retroactive Effect Pub. L. 90219, title II,  205 Dec. 20, 1967 81 Stat. 669  (a) Except as provided in subsection (b), the amendments made by this title [enacting this section and amending sections 376 and 604 of this title], insofar as they relate to retirement and survivorship benefits of the Director of the Administrative Office of the United States Courts, shall be applicable only with respect to persons first appointed to such office after the date of enactment of this Act [ Dec. 20, 1967 (b) The provisions of section 611(a), the first paragraph of section 611(b), and section 376(s), of title 28, United States Code, as added by such amendments, shall be applicable to a Director or former Director of the Administrative Office of the United States Courts who was first appointed prior to the date of enactment of this Act [ Dec. 20, 1967 Dec. 20, 1967  612. Judiciary Information Technology Fund (a)  Establishment and Availability of Fund There is hereby established in the Treasury of the United States a special fund to be known as the Judiciary Information Technology Fund (hereafter in this section referred to as the Fund). Moneys in the Fund shall be available to the Director without fiscal year limitation for the procurement (by lease, purchase, exchange, transfer, or otherwise) of information technology resources for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch of the United States. The Fund shall also be available for expenses, including personal services, support personnel in the courts and in the Administrative Office of the United States Courts, and other costs, for the effective management, coordination, operation, and use of information technology resources purchased by the Fund. In addition, all agencies of the judiciary may make deposits into the Fund to meet their information technology needs in accordance with subsections (b) and (c)(2). (b)  Plan for Meeting Information Technology Needs. (1)  Development of plan The Director shall develop and annually revise, with the approval of the Judicial Conference of the United States, a long range plan for meeting the information technology resources needs of the activities funded under subsection (a) and shall include an annual estimate of any fees that may be collected under section 404 of the Judiciary Appropriations Act, 1991 ( Public Law 101515 104 Stat. 2133 (2)  Expenditures consistent with plan The Director may use amounts in the Fund to procure information technology resources for the activities funded under subsection (a) only in accordance with the plan developed under paragraph (1). (c)  Deposits Into Fund. (1)  Deposits There shall be deposited in the Fund (A) all proceeds resulting from activities conducted under subsection (a), including net proceeds of disposal of excess or surplus property, all fees collected after the date of the enactment of the Judicial Amendments Act of 1994 by the judiciary under section 404 of the Judiciary Appropriations Act, 1991 ( Public Law 101515 104 Stat. 2133 (B) amounts available for activities described in subsection (a) from funds appropriated to the judiciary; and (C) any advances and reimbursements required by paragraph (2). (2)  Advances and reimbursements Whenever the Director procures information technology resources for any entity in the judicial branch other than the courts or the Administrative Office, that entity shall advance or reimburse the Fund, whichever the Director considers appropriate, for the costs of the information technology resources, from appropriations available to that entity. (d)  Authorization of Appropriations There are authorized to be appropriated to the Fund for any fiscal year such sums as are required to supplement amounts deposited under subsection (c) in order to conduct activities under subsection (a). (e)  Contract Authority. (1)  For each fiscal year In fiscal year 1990, and in each succeeding fiscal year, the Director may enter into contracts for the procurement of information technology resources in amounts which, in the aggregate, do not exceed amounts estimated to be collected under subsection (c) for that fiscal year in advance of the availability of amounts in the Fund for such contracts. (2)  Multiyear contracts In conducting activities under subsection (a), the Director is authorized to enter into multiyear contracts for information technology resources for periods of not more than five years for any contract, if (A) funds are available and adequate for payment of the costs of such contract for the first fiscal year and for payment of any costs of cancellation or termination of the contract; (B) such contract is in accordance with the Directors authority in section 604(g) of 28 U.S.C.; and, 1 1 (C) the Director determines that (i) the need for the information technology resources being provided will continue over the period of the contract; and (ii) the use of the multi-year contract will yield substantial cost savings when compared with other methods of providing the necessary resources. (3)  Cancellation costs of multiyear contract Any cancellation costs incurred with respect to a contract entered into under paragraph (2) shall be paid from currently available amounts in the Fund. (f)  Authority of Administrator of General Services Nothing in this section shall be construed to limit the authority of the Administrator of General Services under sections 501505 of title 40. (g)  Annual Report. (1)  In general The Director shall submit to the Congress an annual report on the operation of the Fund, including on the inventory, use, and acquisition of information technology resources from the Fund and the consistency of such acquisition with the plan prepared under subsection (b). The report shall set forth the amounts deposited into the Fund under subsection (c). (2)  Additional contents of report The annual report submitted under this subsection shall include (A) the specific actions taken and the progress made to improve the plan developed under subsection (b) and the long range automation plan and strategic business plan developed under subsection (k); 2 2 (B) a comparison of planned Fund expenditures and accomplishments with actual Fund expenditures and accomplishments, and the reasons for any delays in scheduled systems development, or budget overruns. (h)  Reprogramming The Director of the Administrative Office of the United States Courts, under the supervision of the Judicial Conference of the United States, may transfer amounts up to $1,000,000 from the Fund into the account to which the funds were originally appropriated. Any amounts transferred from the Fund in excess of $1,000,000 in any fiscal year may only be transferred by following reprogramming procedures in compliance with section 606 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 ( Public Law 100459 102 Stat. 2227 (i)  Appropriations Into the Fund If the budget request of the judiciary is appropriated in full, the amount deposited into the Fund during any fiscal year under the authority of subsection (c)(1)(B) will be the same as the amount of funds requested by the judiciary for activities described in subsection (a). If an amount to be deposited is not specified in statute by Congress and if the full request is not appropriated, the amount to be deposited under subsection (c)(1)(B) will be set by the spending priorities established by the Judicial Conference. (j)  Long Range Management and Business Plans The Director of the Administrative Office of the United States Court shall (1) develop an overall strategic business plan which would identify the judiciarys missions, goals, and objectives; (2) develop a long range automation plan based on the strategic business plan and user needs assessments; (3) establish effective Administrative Office oversight of court automation efforts to ensure the effective operation of existing systems and control over developments of future systems; (4) expedite efforts to complete the development and implementation of life cycle management standards; (5) utilize the standards in developing the next generation of case management and financial systems; and (6) assess the current utilization and future user requirements of the data communications network. (Added Pub. L. 101162, title IV,  404(b)(1) Nov. 21, 1989 103 Stat. 1013 Pub. L. 103420,  2 Oct. 25, 1994 108 Stat. 4343 Pub. L. 104106, div. E, title LVI,  5602 Feb. 10, 1996 110 Stat. 699 Pub. L. 104208, div. A, title I,  101(a) [title III,  305] Sept. 30, 1996 110 Stat. 3009 Pub. L. 10585, div. A, title X,  1073(h)(2) Nov. 18, 1997 111 Stat. 1907 Pub. L. 105119, title III,  304 Nov. 26, 1997 111 Stat. 2491 Pub. L. 106518, title I,  101 Nov. 13, 2000 114 Stat. 2411 Pub. L. 107217,  3(g)(2) Aug. 21, 2002 116 Stat. 1299 Pub. L. 109115, div. A, title IV,  407(b) Nov. 30, 2005 119 Stat. 2471  Editorial Notes  References in Text Section 404 of Public Law 101515 section 1913 of this title The date of the enactment of the Judicial Amendments Act of 1994, referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L. 103420 Oct. 25, 1994 Subsection (k), referred to in subsec. (g)(2)(A), was redesignated subsection (j) of this section by Pub. L. 106518, title I,  101(2) Nov. 13, 2000 114 Stat. 2411 Section 606 of Public Law 100459 section 606 of Pub. L. 100459 Oct. 1, 1988 102 Stat. 2227 Amendments 2005Subsec. (e)(2)(B). Pub. L. 109115 2002Subsec. (f). Pub. L. 107217 40 U.S.C. 481 2000 Pub. L. 106518,  101(1) Subsec. (f). Pub. L. 106518,  101(2) Applicability of Procurement Statute 40 U.S.C. 1401 Subsec. (g). Pub. L. 106518,  101(2) Subsec. (g)(3). Pub. L. 106518,  101(3) Report in year of termination of authority Subsec. (h). Pub. L. 106518,  101(2) Subsec. (i). Pub. L. 106518,  101(2) Subsecs. (j), (k). Pub. L. 106518,  101(2) 1997Subsec. (f). Pub. L. 10585 40 U.S.C. 1401 Subsec. ( l Pub. L. 105119 l ( l Termination of Authority September 30, 1998 section 1931 of this title 1996 Pub. L. 104106,  5602(b)(1) Subsec. (a). Pub. L. 104106,  5602(b)(3) Pub. L. 104106,  5602(b)(2) Subsecs. (b), (c)(2), (e). Pub. L. 104106,  5602(b)(3) Subsec. (f). Pub. L. 104106,  5602(b)(3) Pub. L. 104106,  5602(a)(1) 40 U.S.C. 759 Subsec. (g). Pub. L. 104106,  5602(a)(2) 40 U.S.C. 481 40 U.S.C. 481 Subsec. (h)(1). Pub. L. 104106,  5602(b)(3) Subsec. ( l Pub. L. 104208,  101(a) [title III,  305] September 30, 1998 September 30, 1997 Pub. L. 104106,  5602(a)(3) l l ( l Definition 40 U.S.C. 759(a)(2)(A) Subsec. (m). Pub. L. 104106,  5602(a)(3) l 1994Subsec. (a). Pub. L. 103429,  2(1) Subsec. (b)(1). Pub. L. 103420,  2(2) Public Law 101515 104 Stat. 2133 Subsec. (b)(2). Pub. L. 103420,  2(3) Subsec. (c)(1)(A). Pub. L. 103420,  2(4) Public Law 101515 104 Stat. 2133 Subsec. (e)(1). Pub. L. 103420,  2(5) Subsec. (h). Pub. L. 103420,  2(6) Annual Report Subsec. (i). Pub. L. 103420,  2(7) Public Law 100459 102 Stat. 2227 section 606 of Public Law 100459 Subsec. (j). Pub. L. 103420,  2(8) Subsec. (k). Pub. L. 103420,  2(9) l Subsec. ( l Pub. L. 103420,  2(9) l l Subsec. (m). Pub. L. 103420,  2(9) l September 30, 1997 September 30, 1994 section 1931 of this title Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104106 Feb. 10, 1996 section 5701 of Pub. L. 104106 Feb. 10, 1996 110 Stat. 702 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  613. Disbursing and certifying officers (a)  Disbursing Officers The Director may designate in writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than the Supreme Court, to be disbursing officers in such numbers and locations as the Director considers necessary. Such disbursing officers shall (1) disburse moneys appropriated to the judicial branch and other funds only in strict accordance with payment requests certified by the Director or in accordance with subsection (b); (2) examine payment requests as necessary to ascertain whether they are in proper form, certified, and approved; and (3) be held accountable for their actions as provided by law, except that such a disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate for which a certifying officer is responsible under subsection (b). (b)  Certifying Officers. (1)  In general The Director may designate in writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than the Supreme Court, to certify payment requests payable from appropriations and funds. Such certifying officers shall be responsible and accountable for (A) the existence and correctness of the facts recited in the certificate or other request for payment or its supporting papers; (B) the legality of the proposed payment under the appropriation or fund involved; and (C) the correctness of the computations of certified payment requests. (2)  Liability The liability of a certifying officer shall be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. A certifying officer shall be required to make restitution to the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificates made by the certifying officer, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. (c)  Rights A certifying or disbursing officer (1) has the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment request presented for certification; and (2) is entitled to relief from liability arising under this section in accordance with title 31. (d)  Other Authority Not Affected Nothing in this section affects the authority of the courts with respect to moneys deposited with the courts under chapter 129 of this title. (Added Pub. L. 106518, title III,  304(a) Nov. 13, 2000 114 Stat. 2417  Statutory Notes and Related Subsidiaries Construction Pub. L. 106518, title III,  304(c) Nov. 13, 2000 114 Stat. 2418 The amendment made by subsection (a) [enacting this section] shall not be construed to authorize the hiring of any Federal officer or employee. Similar Provisions Pub. L. 106553,  1(a)(2) [title III,  304] Dec. 21, 2000 114 Stat. 2762  (a) The Director of the Administrative Office of the United States Courts (the Director) may designate in writing officers and employees of the judicial branch of the United States Government, including the courts as defined in section 610 of title 28 (b) (1) The Director may designate in writing officers and employees of the judicial branch of the United States Government, including the courts as defined in section 610 of title 28 (2) The liability of a certifying officer will be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. A certifying officer shall be required to make restitution to the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificates made by the certifying officer, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. (c) A certifying or disbursing officer: (1) has the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment request presented for certification; and (2) is entitled to relief from liability arising under this section as provided by law. (d) The Director shall disburse, directly or through officials designated pursuant to this section, appropriations and other funds for the maintenance and operation of the courts. (e) Nothing in this section affects the authority of the courts to receive or disburse moneys in accordance with chapter 129 of title 28, United States Code. (f) This section shall be effective for fiscal year 2001 and hereafter. CHAPTER 42 FEDERAL JUDICIAL CENTER    Sec.  620. Federal Judicial Center.  621. Board; composition, tenure of members, compensation.  622. Meetings; conduct of business.  623. Duties of the Board.  624. Powers of the Board.  625. Director and staff.  626. Compensation of the Director and Deputy Director.  627. Retirement; employee benefits.  628. Appropriations and accounting.  629. Federal Judicial Center Foundation.  Editorial Notes Amendments 1988 Pub. L. 100702, title III Nov. 19, 1988 102 Stat. 4647 1978 Pub. L. 95598, title II,  230(2) Nov. 6, 1978 92 Stat. 2665 1967 Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 664  620. Federal Judicial Center (a) There is established within the judicial branch of the Government a Federal Judicial Center, whose purpose it shall be to further the development and adoption of improved judicial administration in the courts of the United States. (b) The Center shall have the following functions: (1) to conduct research and study of the operation of the courts of the United States, and to stimulate and coordinate such research and study on the part of other public and private persons and agencies; (2) to develop and present for consideration by the Judicial Conference of the United States recommendations for improvement of the administration and management of the courts of the United States; (3) to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government and other persons whose participation in such programs would improve the operation of the judicial branch, including, but not limited to, judges, United States magistrate judges, clerks of court, probation officers, and persons serving as mediators and arbitrators; (4) insofar as may be consistent with the performance of the other functions set forth in this section, to provide staff, research, and planning assistance to the Judicial Conference of the United States and its committees; (5) Insofar 1 1 (6) insofar as may be consistent with the performance of the other functions set forth in this section, to cooperate with and assist agencies of the Federal Government and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries that may contribute to performing the other functions set forth in this section. (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 664 Pub. L. 95598, title II,  227 Nov. 6, 1978 92 Stat. 2665 Pub. L. 98620, title II,  214 Nov. 8, 1984 98 Stat. 3346 Pub. L. 99336,  6(b) June 19, 1986 100 Stat. 639 Pub. L. 100702, title III,  303 Nov. 19, 1988 102 Stat. 4648 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 102572, title VI,  602(a) Oct. 29, 1992 106 Stat. 4514  Editorial Notes Amendments 1992Subsec. (b)(6). Pub. L. 102572 1988Subsec. (b)(3). Pub. L. 100702 1986Subsec. (b)(3). Pub. L. 99336 1984Subsec. (b)(5). Pub. L. 98620 1978Subsec. (b)(3). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in subsec. (b)(3) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1986 Amendment Pub. L. 99336,  6(c) June 19, 1986 100 Stat. 639 The amendments made by this section [amending this section and section 288d of Title 2 June 19, 1986 Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Oct. 1, 1985 section 216 of Pub. L. 98620 section 10701 of Title 42 Best Practices Pub. L. 114153,  6 May 11, 2016 130 Stat. 384  (a)  In General Not later than 2 years after the date of enactment of this Act [ May 11, 2016 (1) the seizure of information and media storing the information; and (2) the securing of the information and media once seized. (b)  Updates The Federal Judicial Center shall update the recommended best practices developed under subsection (a) from time to time. (c)  Congressional Submissions The Federal Judicial Center shall provide a copy of the recommendations developed under subsection (a), and any updates made under subsection (b), to the (1) Committee on the Judiciary of the Senate; and (2) Committee on the Judiciary of the House of Representatives. Study of Intercircuit Conflicts and Structural Alternatives for Courts of Appeals by Federal Judicial Center Pub. L. 101650, title III,  302 Dec. 1, 1990 104 Stat. 5104 Pub. L. 102572, title V,  502(c) Oct. 29, 1992 106 Stat. 4513 Jan. 1, 1992 Dec. 1, 1990  621. Board; composition, tenure of members, compensation (a) The activities of the Center shall be supervised by a Board to be composed of (1) the Chief Justice of the United States, who shall be the permanent Chairman of the Board; (2) two circuit judges, three district judges, one bankruptcy judge, and one magistrate judge, elected by vote of the members of the Judicial Conference of the United States, except that any circuit or district judge so elected may be either a judge in regular active service or a judge retired from regular active service under section 371(b) of this title (3) the Director of the Administrative Office of the United States Courts, who shall be a permanent member of the Board. (b) The term of office of each elected member of the Board shall be four years. A member elected to serve for an unexpired term arising by virtue of the death, disability, retirement pursuant to section 371(a) or section 372(a) of this title (c) No member elected for a four-year term shall be eligible for reelection to the Board. (d) Members of the Board shall serve without additional compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 664 Pub. L. 95598, title II Nov. 6, 1978 92 Stat. 2665 Pub. L. 104317, title VI,  601(b) Oct. 19, 1996 110 Stat. 3857  Editorial Notes Amendments 1996Subsec. (a)(2). Pub. L. 104317,  601(b)(1) Provided, however Subsec. (b). Pub. L. 104317,  601(b)(2) section 372(a) of this title 1978Subsec. (a)(2). Pub. L. 95598,  228 Subsec. (b). Pub. L. 95598,  229 section 629 of this title Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11  622. Meetings; conduct of business (a) Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the Chairman, acting at his own discretion or pursuant to the petition of any four members. (b) Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the members present and voting. (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 665  623. Duties of the Board (a) In its direction and supervision of the activities of the Federal Judicial Center, the Board shall (1) establish such policies and develop such programs for the Federal Judicial Center as will further achievement of its purpose and performance of its functions; (2) formulate recommendations for improvements in the administration of the courts of the United States, in the training of the personnel of those courts, and in the management of their resources; (3) submit to the Judicial Conference of the United States, at least one month in advance of its annual meeting, a report of the activities of the Center and such recommendations as the Board may propose for the consideration of the Conference; (4) present to other government departments agencies, and instrumentalities whose programs or activities relate to the administration of justice in the courts of the United States the recommendations of the Center for the improvement of such programs or activities; (5) study and determine ways in which automatic data processing and systems procedures may be applied to the administration of the courts of the United States, and include in the annual report required by paragraph (3) of this subsection details of the results of the studies and determinations made pursuant to this paragraph; (6) consider and recommend to both public and private agencies aspects of the operation of the courts of the United States deemed worthy of special study; and (7) conduct, coordinate, and encourage programs relating to the history of the judicial branch of the United States Government. (b) The Board shall transmit to Congress and to the Attorney General of the United States copies of all reports and recommendations submitted to the Judicial Conference of the United States. The Board shall also keep the Committees on the Judiciary of the United States Senate and House of Representatives fully and currently informed with respect to the activities of the Center. (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 665 Pub. L. 100702, title III,  302 Nov. 19, 1988 102 Stat. 4648  Editorial Notes Amendments 1988Subsec. (a)(7). Pub. L. 100702 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  624. Powers of the Board The Board is authorized (1) to appoint and fix the duties of the Director and the Deputy Director of the Federal Judicial Center, who shall serve at the pleasure of the Board; (2) to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to the performance of the functions of the Federal Judicial Center set forth in this chapter, and each such department, agency, or instrumentality is directed to cooperate with the Board and, to the extent permitted by law, to furnish such information to the Center upon request of the Chairman or upon request of the Director when the Board has delegated this authority to him; (3) to contract with and compensate government and private agencies or persons for research projects and other services, without regard to section 6101(b) to (d) of title 41, and to delegate such contract authority to the Director of the Federal Judicial Center, who is hereby empowered to exercise such delegated authority. (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 666 Pub. L. 100702, title III,  304(a) Nov. 19, 1988 102 Stat. 4648 Pub. L. 111350,  5(g)(3) Jan. 4, 2011 124 Stat. 3848  Editorial Notes Amendments 2011Par. (3). Pub. L. 111350 41 U.S.C. 5 1988Par. (1). Pub. L. 100702  625. Director and staff (a) The Director shall supervise the activities of persons employed by the Center and perform other duties assigned to him by the Board. (b) The Director shall appoint and fix the compensation of such additional professional personnel as the Board may deem necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates: Provided, however And provided further 1 1 (c) The Director shall appoint and fix the compensation of such secretarial and clerical personnel as he may deem necessary, subject to the provisions of title 5, United States Code, governing appointments in competitive service without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (d) The Director may procure personal services as authorized by section 3109 of title 5 (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 666 Pub. L. 102572, title VI,  602(b) Oct. 29, 1992 106 Stat. 4514  Editorial Notes  References in Text The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5 The Civil Service Retirement Act, referred to in subsec. (b), is act May 29, 1930, ch. 349 46 Stat. 468 act July 31, 1956, ch. 804,  401 70 Stat. 743 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632 Amendments 1992Subsec. (c). Pub. L. 102572 Statutory Notes and Related Subsidiaries References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2  626. Compensation of the Director and Deputy Director  The compensation of the Director of the Federal Judicial Center shall be the same as that of the Director of the Administrative Office of the United States Courts, and his appointment and salary shall not be subject to the provisions of title 5, United States Code, governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates: Provided, however (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 666 Pub. L. 100702, title III,  304(b)(1) Nov. 19, 1988 102 Stat. 4648  Editorial Notes  References in Text The General Schedule, referred to in text, is set out under section 5332 of Title 5 Amendments 1988 Pub. L. 100702 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100702, title III,  304(c) Nov. 19, 1988 102 Stat. 4648 The amendment made by subsection (b) [amending this section] shall be effective for fiscal years beginning on or after October 1, 1988  627. Retirement; employee benefits (a) The Director, Deputy Director, the professional staff, and the clerical and secretarial employees of the Federal Judicial Center shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 84 (relating to the Federal Employees Retirement System), chapter 87 (relating to Federal employees life insurance program), and chapter 89 (relating to Federal employees health benefits program) of title 5, United States Code: Provided, however And provided further section 8334 of title 5 January 1, 1984 December 31, 1986 section 8422(a) of title 5 December 31, 1986 section 8334(e) of title 5 (b) Upon the retirement of a Director who has elected coverage under this section and who has at least fifteen years of service and has attained the age of sixty-five years the Director of the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement. Upon the retirement of a Director who has elected coverage under this section and who has at least ten years of service, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service. (c) A director who has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has at least fifteen years of service, or equal to that proportion of 80 per centum of such salary that the aggregate number of years of his service bears to fifteen if he has less than fifteen years of service, but in no event less than 50 per centum of such salary. (d) For the purpose of this section, service means service, whether or not continuous, as Director of the Federal Judicial Center, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives, or a civilian official appointed by the President, by and with the advice and consent of the Senate. (e) Each annuity payable under this section shall be increased by the same percentage amount and effective on the same date as annuities payable under chapter 83 of title 5, are increased as provided by section 8340 of title 5 (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 666 Pub. L. 100702, title X Nov. 19, 1988 102 Stat. 4665 Pub. L. 104317, title VI,  604 Oct. 19, 1996 110 Stat. 3857 Pub. L. 106518, title III Nov. 13, 2000 114 Stat. 2416  Editorial Notes Amendments 2000Subsec. (a). Pub. L. 106518,  312(a) Subsec. (b). Pub. L. 106518,  312(a)(2) Subsec. (c). Pub. L. 106518,  312(a)(2) Pub. L. 106518,  301(b)(2) Subsec. (d). Pub. L. 106518,  312(a)(2) Pub. L. 106518,  301(b)(3) Subsec. (e). Pub. L. 106518,  312(a)(2) Pub. L. 106518,  301(b)(1) Subsec. (f). Pub. L. 106518,  312(a)(2) 1996Subsec. (b). Pub. L. 104317 1988Subsec. (b). Pub. L. 100702,  1006(a)(2) Provided, however And provided further section 8334 of title 5 Subsec. (f). Pub. L. 100702,  1004(a) Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by section 1004(a) of Pub. L. 100702 Nov. 19, 1988 section 1004(b) of Pub. L. 100702 section 611 of this title Amendment by section 1006(a)(2) of Pub. L. 100702 Nov. 19, 1988 section 1006(b) of Pub. L. 100702 section 611 of this title  628. Appropriations and accounting  There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. The Administrative Office of the United States Courts shall provide accounting, disbursing, auditing, and other fiscal services for the Federal Judicial Center. (Added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 667  629. Federal Judicial Center Foundation (a) There is established a private nonprofit corporation which shall be known as the Federal Judicial Center Foundation (hereafter in this section referred to as the Foundation) and which shall be incorporated in the District of Columbia. The purpose of the Foundation shall be to have sole authority to accept and receive gifts of real and personal property and services made for the purpose of aiding or facilitating the work of the Federal Judicial Center. The Foundation shall not accept conditional or otherwise restricted gifts, except gifts that are designated for the support of specific projects previously approved by the Board of the Center may be accepted. The Foundation shall have no authority to administer or otherwise determine the use of gifts accepted under this section. (b) The business of the Foundation shall be conducted by a Board that shall have seven members, including a chairman. Three members, including the chairman, shall be appointed by the Chief Justice of the United States, two by the President Pro Tempore of the Senate, and two by the Speaker of the House of Representatives. The term of office of each member of the Board shall be 5 years, except that the initial terms shall be 5 years for the chairman, one member appointed by the President Pro Tempore and one member appointed by the Speaker, 3 years for the other member appointed by the President Pro Tempore and the other member appointed by the Speaker, and two years for the two other members appointed by the Chief Justice. Members of the Board shall serve without compensation but, upon authorization of the Director of the Center, shall be reimbursed by the Federal Judicial Center for actual and necessary expenses incurred in the performance of their official duties. No person who is a Federal or State judge in regular active service or otherwise eligible to perform judicial duties shall be eligible for membership on the Board. The Center shall provide all administrative support and facilities necessary for the operation of the Board. (c) The Federal Judicial Center is authorized to administer and use gifts received by the Foundation under this section. The gifts shall be used to further the goals of the Center as determined by the Board of the Center. (d) Gifts of money and proceeds from sales of other property received as gifts shall be deposited in a separate fund in the Treasury of the United States and disbursed on the order of the Director of the Center, in accordance with policies established by the Board of the Center. (e) The Board of the Foundation shall, not later than October 1 of each year, submit to the Committees on the Judiciary of the United States Senate and House of Representatives a report with respect to gifts received under this section during the preceding 12-month period, including the source of each such gift, the amount of each gift of cash or cash equivalent, and a description of any other gift. The Center shall include in its annual report of the activities of the Center under section 623(a)(3) a description of the purposes for which gifts were used during the year covered by the report. (f) For the purpose of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift or bequest to or for the use of the United States. (Added Pub. L. 100702, title III,  301(a) Nov. 19, 1988 102 Stat. 4646  Editorial Notes Prior Provisions A prior section 629, added Pub. L. 90219, title I,  101 Dec. 20, 1967 81 Stat. 667 Pub. L. 95598, title II,  230(1) Nov. 6, 1978 92 Stat. 2665 Nov. 6, 1978 CHAPTER 43 UNITED STATES MAGISTRATE JUDGES    Sec.  631. Appointment and tenure.  632. Character of service.  633. Determination of number, locations, and salaries of magistrate judges.  634. Compensation.  635. Expenses.  636. Jurisdiction, powers, and temporary assignment.  637. Training.  638. Dockets and forms; United States Code; seals.  639. Definitions.  Editorial Notes Amendments 1972 Pub. L. 92239,  3 Mar. 1, 1972 86 Stat. 47 1968 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1108 1954 Act Aug. 13, 1954, ch. 728,  1(c) 68 Stat. 704 Statutory Notes and Related Subsidiaries  Change of Name UNITED STATES MAGISTRATE JUDGES substituted for UNITED STATES MAGISTRATES in chapter heading and magistrate judges substituted for magistrates in item 633 pursuant to section 321 of Pub. L. 101650 section 631 of this title  631. Appointment and tenure (a) The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. (b) No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appointing court or courts and the conference find that no qualified individual who is a member of the bar is available to serve at a specific location; (2) He is determined by the appointing district court or courts to be competent to perform the duties of the office; (3) In the case of an individual appointed to serve in a national park, he resides within the exterior boundaries of that park, or at some place reasonably adjacent thereto; (4) He is not related by blood or marriage to a judge of the appointing court or courts at the time of his initial appointment; and (5) He is selected pursuant to standards and procedures promulgated by the Judicial Conference of the United States. Such standards and procedures shall contain provision for public notice of all vacancies in magistrate judge positions and for the establishment by the district courts of merit selection panels, composed of residents of the individual judicial districts, to assist the courts in identifying and recommending persons who are best qualified to fill such positions. (c) A magistrate judge may hold no other civil or military office or employment under the United States: Provided, however And provided further (d) Except as otherwise provided in sections 375 and 636(h) of this title, no individual may serve under this chapter after having attained the age of seventy years: Provided, however (e) The appointment of any individual as a full-time magistrate judge shall be for a term of eight years, and the appointment of any individuals as a part-time magistrate judge shall be for a term of four years, except that the term of a full-time or part-time magistrate judge appointed under subsection (k) 1 1 (1) the expiration of the absent magistrate judges term, (2) the reinstatement of the absent magistrate judge in regular service in office as a magistrate judge, (3) the failure of the absent magistrate judge to make timely application under subsection (j) 1 (4) the death or resignation of the absent magistrate judge, or (5) the removal from office of the absent magistrate judge pursuant to subsection (i) of this section, whichever may first occur. (f) Upon the expiration of his term, a magistrate judge may, by a majority vote of the judges of the appointing district court or courts and with the approval of the judicial council of the circuit, continue to perform the duties of his office until his successor is appointed, or for 180 days after the date of the expiration of the magistrate judges term, whichever is earlier. (g) Each individual appointed as a magistrate judge under this section shall take the oath or affirmation prescribed by section 453 of this title (h) Each appointment made by a judge or judges of a district court shall be entered of record in such court, and notice of such appointment shall be given at once by the clerk of that court to the Director. (i) Removal of a magistrate judge during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability, but a magistrate judges office shall be terminated if the conference determines that the services performed by his office are no longer needed. Removal shall be by the judges of the district court for the judicial district in which the magistrate judge serves; where there is more than one judge of a district court, removal shall not occur unless a majority of all the judges of such court concur in the order of removal; and when there is a tie vote of the judges of the district court on the question of the removal or retention in office of a magistrate judge, then removal shall be only by a concurrence of a majority of all the judges of the council. In the case of a magistrate judge appointed under the third sentence of subsection (a) of this section, removal shall not occur unless a majority of all the judges of the appointing district courts concur in the order of removal; and where there is a tie vote on the question of the removal or retention in office of a magistrate judge, then removal shall be only by a concurrence of a majority of all the judges of the council or councils. Before any order or removal shall be entered, a full specification of the charges shall be furnished to the magistrate judge, and he shall be accorded by the judge or judges of the removing court, courts, council, or councils an opportunity to be heard on the charges. (j) Upon the grant by the appropriate district court or courts of a leave of absence to a magistrate judge entitled to such relief under chapter 43 of title 38, such court or courts may proceed to appoint, in the manner specified in subsection (a) of this section, another magistrate judge, qualified for appointment and service under subsections (b), (c), and (d) of this section, who shall serve for the period specified in subsection (e) of this section. (k) A United States magistrate judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5. ( June 25, 1948, ch. 646 62 Stat. 915 May 24, 1949, ch. 139,  73 63 Stat. 100 July 9, 1952, ch. 609,  1 66 Stat. 509 July 25, 1956, ch. 722 70 Stat. 642 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1108 Pub. L. 94520,  2 Oct. 17, 1976 90 Stat. 2458 Pub. L. 95598, title II,  231 Nov. 6, 1978 92 Stat. 2665 Pub. L. 9682,  3(a) Oct. 10, 1979 93 Stat. 644 Pub. L. 97230 Aug. 6, 1982 96 Stat. 255 Pub. L. 99651, title II,  201(a)(1) Nov. 14, 1986 100 Stat. 3646 Pub. L. 100659,  5 Nov. 15, 1988 102 Stat. 3918 Pub. L. 100702, title X,  1003(a)(2) Nov. 19, 1988 102 Stat. 4665 Pub. L. 10145, title II,  104 June 30, 1989 103 Stat. 122 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5112 Pub. L. 103353,  2(c) Oct. 13, 1994 108 Stat. 3169 Pub. L. 106518, title II,  201 Nov. 13, 2000 114 Stat. 2412 Pub. L. 110177, title V,  504 Jan. 7, 2008 121 Stat. 2542 Pub. L. 111174,  2 May 27, 2010 124 Stat. 1216  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  526 and 527, sections 27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c5, 403h5, 404c5, and 408m of title 16, U.S.C., 1940 ed., Conservation, and section 863 of title 48 May 27, 1894, ch. 72,  5 28 Stat. 74 May 28, 1896, ch. 252 29 Stat. 184 Apr. 12, 1900, ch. 191,  34 31 Stat. 84 Mar. 2, 1901, ch. 814 31 Stat. 956 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Jan. 7, 1913, ch. 6 37 Stat. 648 Aug. 22, 1914, ch. 264,  6 38 Stat. 700 June 30, 1916, ch. 197,  6 39 Stat. 245 Aug. 21, 1916, ch. 368,  6 39 Stat. 523 Mar. 2, 1917, ch. 145,  41 39 Stat. 965 June 2, 1920, ch. 218 41 Stat. 733 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Apr. 25, 1928, ch. 434,  6 45 Stat. 460 Apr. 26, 1928, ch. 438,  6 45 Stat. 464 Mar. 2, 1929, ch. 583,  6 45 Stat. 1538 Apr. 19, 1930, ch. 200,  6 46 Stat. 228 June 25, 1935, ch. 309,  1 49 Stat. 422 Aug. 19, 1937, ch. 703,  5 50 Stat. 702 Mar. 26, 1938, ch. 51,  2 52 Stat. 118 June 25, 1938, ch. 684,  1 52 Stat. 1164 June 28, 1938, ch. 778,  1 52 Stat. 1213 Mar. 4, 1940, ch. 40,  2 54 Stat. 43 Mar. 6, 1942, ch. 150,  5 56 Stat. 134 Mar. 6, 1942, ch. 151,  5 56 Stat. 137 Apr. 29, 1942, ch. 264,  5 56 Stat. 260 June 5, 1942, ch. 341,  5 56 Stat. 318 Dec. 28, 1945, ch. 592 59 Stat. 659 Apr. 23, 1946, ch. 202,  1 60 Stat. 119 Section consolidates section 526 and a portion of 527, both of title 28, U.S.C., 1940 ed., with provisions of sections 27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c5, 403h5, 404c5 and 408m of title 16, U.S.C., 1940 ed., and provisions of section 863 of title 48 Some of the provisions of section 863 of title 48 The provision of sections 395e, 403c5, 404c5, and 408m of title 16, U.S.C., 1940 ed., for appointment of the Park Commissioner in the Hawaii National Park, Shenandoah National Park, Great Smoky Mountains National Park, Mammoth Cave National Park and Isle Royale National Park upon the recommendation of the Secretary of the Interior was omitted as inconsistent not only with other provisions of this title but with other statutes applicable to other national parks. All such park commissioners are United States commissioners and the revision of these sections makes possible uniformity and consistency in administrative matters concerning such commissioners. (See, also, sections 604 and 634 of this title.) Words the Director of the Administrative Office of the United States Courts were substituted for Attorney General in section 526 of title 28 See, also, section 751 of this title First sentence of subsection (b) was substituted for the provision in section 527 of title 28 Words at such places in the district as may be designated by the district court, in section 526 of title 28 A provision in section 526 of title 28 The phrase in sections 526 and 527 of title 16, U.S.C., 1940 ed., except as provided in section 591 and section 591, the effect of which was to except Alaska from this section, were omitted as unnecessary. This revised section by its terms limits the section and chapter 43 of this title to commissioners appointed by a district court, which includes the courts enumerated in chapter 5 of this title but not those of Alaska, Canal Zone, or Virgin Islands. Sections from title 16, U.S.C., 1940 ed., contained no tenure provisions. Changes in phraseology were made. Prior residence requirement for national park commissioners in section 635 Aug. 19, 1937, ch. 703,  8 50 Stat. 702 June 28, 1938, ch. 778,  1 52 Stat. 1213 Section consolidates section 1a with part of section 403c9 of title 16 The provisions of sections 1a and 403c9 of title 16, U.S.C., 1940 ed., relating to designation by the Secretary of the Interior of some place of residence reasonably adjacent to the park was modified by making such designation subject to the approval of the appointing court. Senate Revision Amendment By Senate amendment, Big Bend and Crater Lake were inserted in subsection (a) of this section, and section 158a of title 16 act May 15, 1947, ch. 55,  1 61 Stat. 91 As finally enacted, act May 15, 1947, ch. 57 61 Stat. 92 section 403c5 of title 16 1949 Act This amendment conforms the language of section 631(b) to the provisions of section 35 of the Bankruptcy Act, as amended by the act of June 28, 1946 60 Stat. 324 This amendment also removes an ambiguity from section 631(b) by making it clear that the Director of the Administrative Office of the United States Courts has power to establish maximum limits of compensation to be received for performing the combined offices of commissioner and clerk or deputy clerk. This was the intent of sections 631 and 751 of title 28. (See the fifteenth paragraph of the revisers note to the latter section, H. Rept. No. 308, April 25, 1947 Editorial Notes  References in Text Subsections (j) and (k) of this section, referred to in subsec. (e), probably mean subsecs. (j) and (k) prior to amendment by Pub. L. 103353,  2(c)(1) Oct. 13, 1994 108 Stat. 3169 Amendments 2010Subsec. (a). Pub. L. 111174 section 371(b) of this title 2008Subsec. (a). Pub. L. 110177 section 371(b) of this title 2000Subsec. (a). Pub. L. 106518,  201(1) Subsec. (b)(1). Pub. L. 106518,  201(2) 1994Subsec. (j). Pub. L. 103353,  2(c) Subsecs. (k), ( l Pub. L. 103353,  2(c)(2) l 1990Subsec. (f). Pub. L. 101650 1989Subsec. (b)(1). Pub. L. 10145 (A) in the District of Columbia, a member in good standing of the bar of the United States district court for the District of Columbia; or (B) in the Commonwealth of Puerto Rico, a member in good standing of the bar of the Supreme Court of Puerto Rico, and in the Virgin Islands of the United States, a member in good standing of the bar of the district court of the Virgin Islands; after Virgin Islands of the United States, and struck out the first sentence of before this paragraph. 1988Subsec. (e). Pub. L. 100659 Subsec. ( l Pub. L. 100702 l 1986Subsec. (d). Pub. L. 99651 1982Subsec. (b)(1). Pub. L. 97230 1979Subsec. (a). Pub. L. 9682,  3(a) Subsec. (b). Pub. L. 9682,  3(b) Subsec. (b)(5). Pub. L. 9682,  3(c) Subsec. (f). Pub. L. 9682,  3(d)(2) Subsecs. (g) to (k). Pub. L. 9682,  3(d)(1) 1978Subsec. (c). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1976Subsec. (a). Pub. L. 94520,  2(1) Subsec. (b). Pub. L. 94520,  2(3) 1968 Pub. L. 90578 Subsec. (a). Pub. L. 90578 Subsec. (b). Pub. L. 90578 Subsec. (c). Pub. L. 90578 Subsec. (d). Pub. L. 90578 Subsec. (e). Pub. L. 90578 Subsec. (f). Pub. L. 90578 Subsec. (g). Pub. L. 90578 Subsecs. (h) to (j). Pub. L. 90578 1956Subsec. (a). Act July 25, 1956 1952Subsec. (a). Act July 9, 1952 1949Subsec. (b). Act May 24, 1949 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges, magistrate judge, and magistrate judges substituted for United States magistrates, magistrate, and magistrates, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101650 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 After the enactment of this Act [ Dec. 1, 1990 section 631 of title 28 section 631 of title 28 Effective Date of 1994 Amendment Amendment by Pub. L. 103353 Oct. 13, 1994 section 8 of Pub. L. 103353 section 4301 of Title 38 Effective Date of 1988 Amendment Amendment by Pub. L. 100659 Nov. 15, 1988 Nov. 15, 1988 July 31, 1987 section 9 of Pub. L. 100659 section 377 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99651 Jan. 1, 1987 section 203 of Pub. L. 99651 section 155 of this title Effective Date of 1979 Amendment Pub. L. 9682,  3(g) Oct. 10, 1979 93 Stat. 645 The amendment made by subsection (c) of this section [amending this section] shall not take effect until 30 days after the meeting of the Judicial Conference of the United States next following the effective date of this Act [ Oct. 10, 1979 Effective Date of 1968 Amendment Pub. L. 90578, title IV,  403 Oct. 17, 1968 82 Stat. 1119 Except as otherwise provided by sections 401 and 402 of this title [set out as Appointment of Magistrates and Applicable Law notes below], this Act [amending this chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under this section] shall take effect on the date of its enactment [ Oct. 17, 1968 Short Title of 1979 Amendment Pub. L. 9682,  1 Oct. 10, 1979 93 Stat. 643 That this Act [amending this section, sections 604, 633, 634, 635, 636, and 1915 of this title, and section 3401 of Title 18 Short Title of 1968 Amendment Pub. L. 90578,  1 Oct. 17, 1968 82 Stat. 1107 That this Act [amending this chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under this section] may be cited as the Federal Magistrates Act. Short Title This chapter is popularly known as the Federal Magistrates Act. Separability Pub. L. 90578, title V,  501 Oct. 17, 1968 82 Stat. 1119 If any provision of this Act [amending this chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under this section] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of its application to other persons and circumstances shall not be affected.  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 section 542 of Title 6 Due Consideration by Merit Selection Panels of Women, Blacks, Hispanics, and Other Minorities Pub. L. 9682,  3(e) Oct. 10, 1979 93 Stat. 645 The merit selection panels established under section 631(b)(5) of title 28 Magistrates Serving Prior to Promulgation of Magistrate Selection Standards and Procedures by Judicial Conference; Reappointment; Certification as Qualified Pub. L. 9682,  3(f) Oct. 10, 1979 93 Stat. 645 section 636(c) of this title Judicial Conference Study of the Future of the Magistrate System Pub. L. 9682,  9 Oct. 10, 1979 93 Stat. 647 Pub. L. 9682 Oct. 10, 1979 Authorization of Appropriations Pub. L. 9682,  10 Oct. 10, 1979 93 Stat. 647 Such sums as may be necessary to carry out the purposes of this Act [see Short Title of 1979 Amendment note above] are hereby authorized to be appropriated for expenditure on or after October 1, 1979 Appointment of Magistrates Pub. L. 90578, title IV,  401 Oct. 17, 1968 82 Stat. 1118  (a) No individual may serve as a United States commissioner within any judicial district after the date on which a United States magistrate [now United States magistrate judge] assumes office in such judicial district. (b) An individual serving as a United States commissioner within any judicial district on the date of enactment of this Act [ Oct. 17, 1968 Provided, however Applicable Law Pub. L. 90578, title IV,  402 Oct. 17, 1968 82 Stat. 1118  (a) All provisions of law relating to the powers, duties, jurisdiction, functions, service, compensation, and facilities of United States commissioners, as such provisions existed on the day preceding the date of enactment of this Act [ Oct. 17, 1968 Oct. 17, 1968 (b) On and after the date on which the first United States magistrate assumes office within any judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or the third anniversary of the date of enactment of this Act [ Oct. 17, 1968 (1) the provisions of chapter 43, title 28, United States Code, as amended by this Act [this chapter], shall be effective within such judicial district except as otherwise specifically provided by section 401(b) of this title (2) within such judicial district every reference to a United States commissioner contained in any previously enacted statute of the United States (other than sections 8331(1)(E), 8332(i), 8701(a)(7), and 8901(1)(G) of title 5), any previously promulgated rule of any court of the United States, or any previously promulgated regulation of any executive department or agency of the United States, shall be deemed to be a reference to a United States magistrate duly appointed under section 631 of chapter 43, title 28, United States Code, as amended by this Act. (c) The administrative powers and duties of the Director of the Administrative Office of the United States Courts with respect to United States commissioners under the provisions of chapter 41, title 28, United States Code, as such provisions existed on the day preceding the date of enactment of this Act [ Oct. 17, 1968 Special Commissioner for Grand Canyon National Park; Appointment; Jurisdiction; Compensation Pub. L. 86258 Sept. 14, 1959 73 Stat. 546 Jurisdictional Limitation of Commissioner Holding Office on July 9, 1952 Act July 9, 1952, ch. 609,  2 66 Stat. 509 July 9, 1952  632. Character of service (a) Full-time United States magistrate judges may not engage in the practice of law, and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. (b) Part-time United States magistrate judges shall render such service as judicial officers as is required by law. While so serving they may engage in the practice of law, but may not serve as counsel in any criminal action in any court of the United States, nor act in any capacity that is, under such regulations as the conference may establish, inconsistent with the proper discharge of their office. Within such restrictions, they may engage in any other business, occupation, or employment which is not inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. ( June 25, 1948, ch. 646 62 Stat. 916 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1110 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes Amendments 1968 Pub. L. 90578 section 636 of this title Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title  633. Determination of number, locations, and salaries of magistrate judges (a)  Surveys by the Director. (1) The Director shall, within one year immediately following the date of the enactment of the Federal Magistrates Act, make a careful survey of conditions in judicial districts to determine (A) the number of appointments of full-time magistrates and part-time magistrates required to be made under this chapter to provide for the expeditious and effective administration of justice, (B) the locations at which such officers shall serve, and (C) their respective salaries under section 634 of this title (2) In the course of any survey, the Director shall take into account local conditions in each judicial district, including the areas and the populations to be served, the transportation and communications facilities available, the amount and distribution of business of the type expected to arise before officers appointed under this chapter (including such matters as may be assigned under section 636(b) of this chapter), and any other material factors. The Director shall give consideration to suggestions from any interested parties, including district judges, United States magistrate judges or officers appointed under this chapter, United States attorneys, bar associations, and other parties having relevant experience or information. (3) The surveys shall be made with a view toward creating and maintaining a system of full-time United States magistrate judges. However, should the Director find, as a result of any such surveys, areas in which the employment of a full-time magistrate judge would not be feasible or desirable, he shall recommend the appointment of part-time United States magistrate judges in such numbers and at such locations as may be required to permit prompt and efficient issuance of process and to permit individuals charged with criminal offenses against the United States to be brought before a judicial officer of the United States promptly after arrest. (b)  Determination by the Conference Upon the completion of the initial surveys required by subsection (a) of this section, the Director shall report to the district courts, the councils, and the conference his recommendations concerning the number of full-time magistrates and part-time magistrates, their respective locations, and the amount of their respective salaries under section 634 of this title (c)  Changes in Number, Locations, and Salaries Except as otherwise provided in this chapter, the conference may, from time to time, in the light of the recommendations of the Director, the district courts, and the councils, change the number, locations, and salaries of full-time and part-time magistrate judges, as the expeditious administration of justice may require. ( June 25, 1948, ch. 646 62 Stat. 916 Aug. 13, 1954, ch. 728,  1(a) 68 Stat. 704 Pub. L. 85276 Sept. 2, 1957 71 Stat. 600 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1111 Pub. L. 9682,  4 Oct. 10, 1979 93 Stat. 645 Pub. L. 99651, title II,  202(d) Nov. 14, 1986 100 Stat. 3648 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes  References in Text Date of the enactment of the Federal Magistrates Act, referred to in subsec. (a)(1), means Oct. 17, 1968 Pub. L. 90578 Amendments 1986Subsec. (b). Pub. L. 99651 1979Subsec. (c). Pub. L. 9682 1968 Pub. L. 90578 1957Subsec. (a). Pub. L. 85276,  1 Subsec. (b). Pub. L. 85276,  2 1954Act Aug. 13, 1954 Subsec. (c). Act Aug. 13, 1954 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges and magistrate judge substituted for magistrates and magistrate, respectively, in section catchline and, except for historical references, wherever appearing in subsecs. (a)(2), (3), and (c) pursuant to section 321 of Pub. L. 101650 section 631 of this title Pub. L. 90578 Effective Date of 1986 Amendment Amendment by Pub. L. 99651 Jan. 1, 1987 section 203 of Pub. L. 99651 section 155 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title  634. Compensation (a) Officers appointed under this chapter shall receive, as full compensation for their services, salaries to be fixed by the conference pursuant to section 633, at rates for full-time United States magistrate judges up to an annual rate equal to 92 percent of the salary of a judge of the district court of the United States, as determined pursuant to section 135, and at rates for part-time magistrate judges of not less than an annual salary of $100, nor more than one-half the maximum salary payable to a full-time magistrate judge. In fixing the amount of salary to be paid to any officer appointed under this chapter, consideration shall be given to the average number and the nature of matters that have arisen during the immediately preceding period of five years, and that may be expected thereafter to arise, over which such officer would have jurisdiction and to such other factors as may be material. Disbursement of salaries shall be made by or pursuant to the order of the Director. (b) Except as provided by section 8344, title 5, relating to reductions of the salaries of reemployed annuitants under subchapter III of chapter 83 of such title and unless the office has been terminated as provided in this chapter, the salary of a full-time United States magistrate judge shall not be reduced, during the term in which he is serving, below the salary fixed for him at the beginning of that term. (c) All United States magistrate judges, effective upon their taking the oath or affirmation of office, and all necessary legal, clerical, and secretarial assistants employed in the offices of full-time United States magistrate judges shall be deemed to be officers and employees in the judicial branch of the United States Government within the meaning of subchapter III (relating to civil service retirement) of chapter 83, chapter 87 (relating to Federal employees group life insurance), and chapter 89 (relating to Federal employees health benefits program) of title 5. Part-time magistrate judges shall not be excluded from coverage under these chapters solely for lack of a prearranged regular tour of duty. A legal assistant appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. ( June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1112 Pub. L. 92428 Sept. 21, 1972 86 Stat. 721 Pub. L. 94520,  1 Oct. 17, 1976 90 Stat. 2458 Pub. L. 95598, title II,  232 Nov. 6, 1978 92 Stat. 2665 Pub. L. 9682,  8(b) Oct. 10, 1979 93 Stat. 647 Pub. L. 98353, title I,  108(a) July 10, 1984 98 Stat. 342 Pub. L. 100202,  101(a) [title IV,  408(b)] Dec. 22, 1987 101 Stat. 1329 Pub. L. 100702, title X,  1003(a)(4) Nov. 19, 1988 102 Stat. 4665 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380, 395h, 395j, 403c9, 403c11, 403h7, 403h9, 404c7, 404c9, 408 o May 7, 1894, ch. 72,  7 28 Stat. 75 Apr. 17, 1900, ch. 192,  1 31 Stat. 133 Apr. 20, 1904, ch. 1400 33 Stat. 189 Mar. 2, 1907, ch. 2516,  2 34 Stat. 1218 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Aug. 22, 1914, ch. 264 38 Stat. 701 June 30, 1916, ch. 197 39 Stat. 246 Aug. 21, 1916, ch. 368 39 Stat. 523 June 2, 1920, ch. 218 41 Stat. 734 Mar. 4, 1923, ch. 295 42 Stat. 1560 Apr. 25, 1928, ch. 434 45 Stat. 461 Apr. 26, 1928, ch. 438 45 Stat. 465 Mar. 2, 1929, ch. 583 45 Stat. 1539 Apr. 19, 1930, ch. 200 46 Stat. 229 June 25, 1935, ch. 309 49 Stat. 422 Aug. 19, 1937, ch. 703 50 Stat. 702 June 25, 1938, ch. 684,  2 52 Stat. 1164 June 28, 1938, ch. 778,  1 52 Stat. 1213 Mar. 4, 1940, ch. 40,  2 54 Stat. 43 Mar. 6, 1942, ch. 150 56 Stat. 135 Mar. 6, 1942, ch. 151 56 Stat. 137 Apr. 29, 1942, ch. 264 56 Stat. 260 June 5, 1942, ch. 341 56 Stat. 319 Apr. 23, 1946, ch. 202,  4 60 Stat. 120 June 24, 1946, ch. 463,  5 60 Stat. 303 Section consolidates provisions of sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380, 395h, 395j, 403c9, 403c11, 403h7, 403h9, 404c7, 404c9, 408 o The provisions of some of these sections that the park commissioner should be paid an annual salary, as appropriated for by Congress, payable quarterly were rewritten upon advice of the Judicial Conference Committee on the Revision of the Judicial Code appointed by the Chief Justice of the United States, in order to place administration supervision of commissioners upon the district court and the Judicial Conference of the United States. The provisions of some of these sections for deposit of fees, costs, expenses, fines, and penalties with the clerk of district court were rewritten to provide merely that he shall account for the same as public moneys. The provisions of some of these sections with reference to salaries of the United States attorney and his assistants and the United States marshal and his deputies were omitted as covered by sections 508 [now 548] and 552 [see Prior Provisions note for that section] of this title. Senate Revision Amendment As finally enacted, section 158d of title 16 act May 15, 1947, ch. 55,  4 61 Stat. 91 Editorial Notes Amendments 1988Subsec. (c). Pub. L. 100702 1987Subsec. (a). Pub. L. 100202 section 633 of this title 2 U.S.C. 351361 section 461 of this title 1984Subsec. (a). Pub. L. 98353,  108(a) 2 U.S.C. 351361 section 461 of this title 11 U.S.C. 68(a) Subsec. (c). Pub. L. 98353,  210 1979Subsec. (c). Pub. L. 9682 1978Subsec. (a). Pub. L. 95598 section 461 of this title 11 U.S.C. 68(a) section 402(b) of Pub. L. 95598 section 101 of Title 11 1976Subsec. (a). Pub. L. 94520 1972Subsec. (a). Pub. L. 92428 1968 Pub. L. 90578 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges and magistrate judge substituted for magistrates and magistrate, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100202 Oct. 1, 1988 Pub. L. 100202 section 153 of this title Effective Date of 1984 Amendment Amendment by section 108(a) of Pub. L. 98353 July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title Continuation of Maximum Rates of Salary of Full-Time and Part-Time United States Magistrates in Effect on June 27, 1984 Pub. L. 98353, title I,  108(b) July 10, 1984 98 Stat. 342 The maximum rates for salary of full-time and part-time United States magistrates [now United States magistrate judges] in effect on June 27, 1984 section 634(a) of title 28 [ Section 108(b) of Pub. L. 98353 June 27, 1984 section 122(c) of Pub. L. 98353 section 151 of this title Executive Documents Salary Increases 1987Maximum salaries of U.S. magistrates (full-time) and U.S. magistrates (part-time) increased respectively to $72,500 and $36,200 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2  635. Expenses (a) Full-time United States magistrate judges serving under this chapter shall be allowed their actual and necessary expenses incurred in the performance of their duties, including the compensation of such legal assistants as the Judicial Conference, on the basis of the recommendations of the judicial councils of the circuits, considers necessary, and the compensation of necessary clerical and secretarial assistance. Such expenses and compensation shall be determined and paid by the Director under such regulations as the Director shall prescribe with the approval of the conference. The Administrator of General Services shall provide such magistrate judges with necessary courtrooms, office space, furniture and facilities within United States courthouses or office buildings owned or occupied by departments or agencies of the United States, or should suitable courtroom and office space not be available within any such courthouse or office building, the Administrator of General Services, at the request of the Director, shall procure and pay for suitable courtroom and office space, furniture and facilities for such magistrate judge in another building, but only if such request has been approved as necessary by the judicial council of the appropriate circuit. (b) Under such regulations as the Director shall prescribe with the approval of the conference, the Director shall reimburse part-time magistrate judges for actual expenses necessarily incurred by them in the performance of their duties under this chapter. Such reimbursement may be made, at rates not exceeding those prescribed by such regulations, for expenses incurred by such part-time magistrate judges for clerical and secretarial assistance, stationery, telephone and other communications services, travel, and such other expenses as may be determined to be necessary for the proper performance of the duties of such officers: Provided, however ( June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1112 Pub. L. 9682,  8(a) Oct. 10, 1979 93 Stat. 646 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Prior section 663 May 28, 1896, ch. 252 29 Stat. 184 Aug. 1, 1946, ch. 721 60 Stat. 752 The provision of section 597c of title 28 Salaries of park commissioners are provided by section 634 of this title Changes were made in phraseology. Editorial Notes Amendments 1979Subsec. (a). Pub. L. 9682 1968 Pub. L. 90578 section 631(b)(3) of this title Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges and magistrate judge substituted for magistrates and magistrate, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title  636. Jurisdiction, powers, and temporary assignment (a) Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; (2) the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18 (3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section; (4) the power to enter a sentence for a petty offense; and (5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented. (b) (1) Notwithstanding any provision of law to the contrary (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judges order is clearly erroneous or contrary to law. (B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial 1 1 (C) the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties. Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. (2) A judge may designate a magistrate judge to serve as a special master pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts. A judge may designate a magistrate judge to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts. (3) A magistrate judge may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States. (4) Each district court shall establish rules pursuant to which the magistrate judges shall discharge their duties. (c) Notwithstanding any provision of law to the contrary (1) Upon the consent of the parties, a full-time United States magistrate judge or a part-time United States magistrate judge who serves as a full-time judicial officer may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or courts he serves. Upon the consent of the parties, pursuant to their specific written request, any other part-time magistrate judge may exercise such jurisdiction, if such magistrate judge meets the bar membership requirements set forth in section 631(b)(1) and the chief judge of the district court certifies that a full-time magistrate judge is not reasonably available in accordance with guidelines established by the judicial council of the circuit. When there is more than one judge of a district court, designation under this paragraph shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. (2) If a magistrate judge is designated to exercise civil jurisdiction under paragraph (1) of this subsection, the clerk of court shall, at the time the action is filed, notify the parties of the availability of a magistrate judge to exercise such jurisdiction. The decision of the parties shall be communicated to the clerk of court. Thereafter, either the district court judge or the magistrate judge may again advise the parties of the availability of the magistrate judge, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. Rules of court for the reference of civil matters to magistrate judges shall include procedures to protect the voluntariness of the parties consent. (3) Upon entry of judgment in any case referred under paragraph (1) of this subsection, an aggrieved party may appeal directly to the appropriate United States court of appeals from the judgment of the magistrate judge in the same manner as an appeal from any other judgment of a district court. The consent of the parties allows a magistrate judge designated to exercise civil jurisdiction under paragraph (1) of this subsection to direct the entry of a judgment of the district court in accordance with the Federal Rules of Civil Procedure. Nothing in this paragraph shall be construed as a limitation of any partys right to seek review by the Supreme Court of the United States. (4) The court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate judge under this subsection. (5) The magistrate judge shall, subject to guidelines of the Judicial Conference, determine whether the record taken pursuant to this section shall be taken by electronic sound recording, by a court reporter, or by other means. (d) The practice and procedure for the trial of cases before officers serving under this chapter shall conform to rules promulgated by the Supreme Court pursuant to section 2072 of this title (e)  Contempt Authority. (1)  In general A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by the appointment of such magistrate judge the power to exercise contempt authority as set forth in this subsection. (2)  Summary criminal contempt authority A magistrate judge shall have the power to punish summarily by fine or imprisonment, or both, such contempt of the authority of such magistrate judge constituting misbehavior of any person in the magistrate judges presence so as to obstruct the administration of justice. The order of contempt shall be issued under the Federal Rules of Criminal Procedure. (3)  Additional criminal contempt authority in civil consent and misdemeanor cases In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18 (4)  Civil contempt authority in civil consent and misdemeanor cases In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18 (5)  Criminal contempt penalties The sentence imposed by a magistrate judge for any criminal contempt provided for in paragraphs (2) and (3) shall not exceed the penalties for a Class C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18. (6)  Certification of other contempts to the district court Upon the commission of any such act (A) in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18 (B) in any other case or proceeding under subsection (a) or (b) of this section, or any other statute, where (i) the act committed in the magistrate judges presence may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection, (ii) the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge, or (iii) the act constitutes a civil contempt, the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be served, upon any person whose behavior is brought into question under this paragraph, an order requiring such person to appear before a district judge upon a day certain to show cause why that person should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge. (7)  Appeals of magistrate judge contempt orders The appeal of an order of contempt under this subsection shall be made to the court of appeals in cases proceeding under subsection (c) of this section. The appeal of any other order of contempt issued under this section shall be made to the district court. (f) In an emergency and upon the concurrence of the chief judges of the districts involved, a United States magistrate judge may be temporarily assigned to perform any of the duties specified in subsection (a), (b), or (c) of this section in a judicial district other than the judicial district for which he has been appointed. No magistrate judge shall perform any of such duties in a district to which he has been temporarily assigned until an order has been issued by the chief judge of such district specifying (1) the emergency by reason of which he has been transferred, (2) the duration of his assignment, and (3) the duties which he is authorized to perform. A magistrate judge so assigned shall not be entitled to additional compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of his duties in accordance with section 635. (g) A United States magistrate judge may perform the verification function required by section 4107 of title 18 section 4109 of title 18 (h) A United States magistrate judge who has retired may, upon the consent of the chief judge of the district involved, be recalled to serve as a magistrate judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a magistrate judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference, subject to the restrictions on the payment of an annuity set forth in section 377 of this title section 375 of this title section 375 of this title ( June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1113 Pub. L. 92239 Mar. 1, 1972 86 Stat. 47 Pub. L. 94577,  1 Oct. 21, 1976 90 Stat. 2729 Pub. L. 95144,  2 Oct. 28, 1977 91 Stat. 1220 Pub. L. 9682,  2 Oct. 10, 1979 93 Stat. 643 Pub. L. 98473, title II,  208 Oct. 12, 1984 98 Stat. 1986 Pub. L. 98620, title IV,  402(29)(B) Nov. 8, 1984 98 Stat. 3359 Pub. L. 99651, title II,  201(a)(2) Nov. 14, 1986 100 Stat. 3647 Pub. L. 100659,  4(c) Nov. 15, 1988 102 Stat. 3918 Pub. L. 100690, title VII,  7322 Nov. 18, 1988 102 Stat. 4467 Pub. L. 100702, title IV,  404(b)(1) Nov. 19, 1988 102 Stat. 4651 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5112 Pub. L. 104317, title II Oct. 19, 1996 110 Stat. 38483850 Pub. L. 106518, title II Nov. 13, 2000 114 Stat. 2412 Pub. L. 107273, div. B, title III,  3002(b) Nov. 2, 2002 116 Stat. 1805 Pub. L. 10963,  2(d) Sept. 9, 2005 119 Stat. 1995 Pub. L. 11116,  6(1) May 7, 2009 123 Stat. 1608  Historical and Revision Notes Prior jurisdiction, powers, and procedure provisions in section 632 May 7, 1894, ch. 72,  5 28 Stat. 74 Apr. 20, 1904, ch. 1400,  6 33 Stat. 188 Mar. 2, 1907, ch. 2516 34 Stat. 1218 Mar. 3, 1911, ch. 230 36 Stat. 1086 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Aug. 22, 1914, ch. 264,  6 38 Stat. 700 June 30, 1916, ch. 197,  6 39 Stat. 245 Aug. 21, 1916, ch. 368,  6 39 Stat. 523 June 2, 1920, ch. 218 41 Stat. 733 Apr. 25, 1928, ch. 434,  6 45 Stat. 460 Apr. 26, 1928, ch. 438,  6 45 Stat. 464 Apr. 19, 1930, ch. 200,  6 4 Stat. 228 May 2, 1932, ch. 155,  3 47 Stat. 145 June 25, 1935, ch. 309,  1 49 Stat. 422 Aug. 19, 1937, ch. 703 50 Stat. 702 June 25, 1938, ch. 684,  1 52 Stat. 1164 June 28, 1938, ch. 778,  1 52 Stat. 1213 Mar. 4, 1940, ch. 40,  2 54 Stat. 43 Mar. 6, 1942, ch. 150,  5 56 Stat. 134 Mar. 6, 1942, ch. 151,  5 56 Stat. 137 Apr. 29, 1942, ch. 264,  5 56 Stat. 260 June 5, 1942, ch. 341,  5 56 Stat. 318 Apr. 23, 1946, ch. 202,  2 60 Stat. 120 June 24, 1946, ch. 463,  2 60 Stat. 303 Section consolidates provisions of sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c5, 403c6, 403h5, 404c5 and 408m of title 16, U.S.C., 1940 ed., relating to jurisdiction and powers of park commissioners with necessary changes in arrangement and phraseology. For other provisions of such sections, see Distribution Table. The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c5, 403c6, 403h5, 404c5 and 408m of title 16, U.S.C., 1940 ed., relating to the powers of park commissioners respecting issuance of warrants of arrest and other process were omitted and are recommended for repeal as covered by sections 3041 and 3141 of revised title 18 (H.R. 1600, 80th Cong.), and Rules, 4, 5(c), and 9 of the new Federal Rules of Criminal Procedure. Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c5, 403c6, 403h5, 404c5 and 408m of title 16, U.S.C., 1940 ed., for arrest without warrant for violation of law or regulation within a national park were also omitted and are recommended for repeal as covered by section 3054 of revised title 18 (H.R. 2200, 79th Cong.), Rule 4 of the Federal Rules of Criminal Procedure and Rule 4 of the Federal Rules of Civil Procedure. Senate Revision Amendment As finally enacted, section 158b of Title 16 act May 15, 1947, ch. 55,  2 61 Stat. 92 As finally enacted, act May 15, 1947, ch. 57 61 Stat. 92 section 403c5 of Title 16 Prior oaths, acknowledgments, affidavits, and depositions provisions in section 637 May 28, 1896, ch. 252,  19 29 Stat. 184 Mar. 2, 1901, ch. 814 31 Stat. 956 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 This section consolidates part of section 525 with section 758 of title 28 section 953 of this title The exception as to Alaska, provided in section 591 of title 28 section 525 of title 28 section 108 of title 48 Word acknowledgments was inserted to make it clear that commissioners, like justices of the peace, can take acknowledgments as well as oaths, affidavits, etc. The authority to take depositions was included to conform to Federal Rules of Civil Procedure, Rule 28. Changes were made in phraseology. Editorial Notes  References in Text The Rules of Criminal Procedure for the United States District Courts, referred to in subsecs. (a)(1) and (e)(2)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The Federal Rules of Civil Procedure for the United States district courts, referred to in subsecs. (b)(2), (c)(3), and (e)(4), are set out in the Appendix to this title. Amendments 2009Subsec. (b)(1). Pub. L. 11116 2005Subsec. (a). Pub. L. 10963 2002Subsec. (e)(2). Pub. L. 107273,  3002(b)(1) Subsec. (e)(3). Pub. L. 107273,  3002(b)(2) 2000Subsec. (a)(4), (5). Pub. L. 106518,  203(b) (4) the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and (5) the power to enter a sentence for a class A misdemeanor, or a class B or C misdemeanor not covered by paragraph (4), in a case in which the parties have consented. Subsec. (e). Pub. L. 106518,  202 1996Subsec. (a)(3). Pub. L. 104317,  202(b)(1) Subsec. (a)(4), (5). Pub. L. 104317,  202(b)(2) Subsec. (c)(3). Pub. L. 104317,  207(1)(A) Subsec. (c)(4) to (7). Pub. L. 104317,  207(1)(B) (4) Notwithstanding the provisions of paragraph (3) of this subsection, at the time of reference to a magistrate, the parties may further consent to appeal on the record to a judge of the district court in the same manner as on an appeal from a judgment of the district court to a court of appeals. Wherever possible the local rules of the district court and the rules promulgated by the conference shall endeavor to make such appeal inexpensive. The district court may affirm, reverse, modify, or remand the magistrates judgment. (5) Cases in the district courts under paragraph (4) of this subsection may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment. Nothing in this paragraph shall be construed to be a limitation on any partys right to seek review by the Supreme Court of the United States. Subsec. (d). Pub. L. 104317,  207(2) Subsec. (f). Pub. L. 104317,  201 1990Subsec. (c)(2). Pub. L. 101650 1988Subsec. (a)(4). Pub. L. 100690 Subsec. (c)(7). Pub. L. 100702,  1014 section 753 of this title Subsec. (d). Pub. L. 100702,  404(b)(1) section 2072 of this title section 3402 of title 18 Subsec. (h). Pub. L. 100659 section 377 of this title 1986Subsec. (h). Pub. L. 99651 1984Subsec. (a)(2). Pub. L. 98473 section 3142 of title 18 section 3146 of title 18 Subsec. (c)(4). Pub. L. 98620 1979Subsec. (c). Pub. L. 9682,  2(2) Subsecs. (d) to (g). Pub. L. 9682,  2(1) 1977Subsec. (f). Pub. L. 95144 1976Subsec. (b). Pub. L. 94577 1972 Pub. L. 92239,  2 Subsec. (e). Pub. L. 92239,  1 1968 Pub. L. 90578 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judge, magistrate judges, and magistrate judges substituted for magistrate, magistrates, and magistrates, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 2009 Amendment Amendment by Pub. L. 11116 Dec. 1, 2009 section 7 of Pub. L. 11116 section 109 of Title 11 Effective Date of 1988 Amendments Amendment by section 404(b)(1) of Pub. L. 100702 Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Amendment by Pub. L. 100659 Nov. 15, 1988 Nov. 15, 1988 July 31, 1987 section 9 of Pub. L. 100659 section 377 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99651 Jan. 1, 1987 section 203 of Pub. L. 99651 section 155 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title  637. Training  The Federal Judicial Center shall conduct periodic training programs and seminars for both full-time and part-time United States magistrate judges, including an introductory training program for new magistrate judges, to be held within one year after initial appointment. ( June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1114 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes Amendments 1968 Pub. L. 90578 section 636(a)(2) of this title Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges substituted for magistrates wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title  638. Dockets and forms; United States Code; seals (a) The Director shall furnish to United States magistrate judges adequate docket books and forms prescribed by the Director. The Director shall also furnish to each such officer a copy of the current edition of the United States Code. (b) All property furnished to any such officer shall remain the property of the United States and, upon the termination of his term of office, shall be transmitted to his successor in office or otherwise disposed of as the Director orders. (c) The Director shall furnish to each United States magistrate judge appointed under this chapter an official impression seal in a form prescribed by the conference. Each such officer shall affix his seal to every jurat or certificate of his official acts without fee. ( June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1114 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  528, 528a ( June 28, 1906, ch. 3573 34 Stat. 546 July 10, 1946, ch. 548 60 Stat. 525 Section consolidates section 528 and part of section 528a of title 28 Provisions of section 528a of title 28 section 639 of this title Words Director of the Administrative Office of the United States Courts were substituted for Attorney General, contained in section 528 of title 28 Act Aug. 7, 1939, ch. 501,  6 53 Stat. 1226 Changes in phraseology were made. Editorial Notes Amendments 1968Subsec. (a). Pub. L. 90578 section 639 of this title Subsec. (b). Pub. L. 90578 section 639 of this title Subsec. (c). Pub. L. 90578 July 10, 1946 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges and United States magistrate judge substituted for United States magistrates and United States magistrate, respectively, in subsecs. (a) and (c) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title  639. Definitions As used in this chapter (1) Conference shall mean the Judicial Conference of the United States; (2) Council shall mean the Judicial Council of the Circuit; (3) Director shall mean the Director of the Administrative Office of the United States Courts; (4) Full-time magistrate judge shall mean a full-time United States magistrate judge; (5) Part-time magistrate judge shall mean a part-time United States magistrate judge; and (6) United States magistrate judge and magistrate judge shall mean both full-time and part-time United States magistrate judges. ( June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90578, title I,  101 Oct. 17, 1968 82 Stat. 1114 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  528a ( July 10, 1946, ch. 548 60 Stat. 525 Provisions of section 528a of title 28 section 638 of this title Changes were made in phraseology. Editorial Notes Amendments 1968 Pub. L. 90578 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judge and magistrate judges substituted for magistrate and magistrates, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90578 Oct. 17, 1968 Pub. L. 90578 Oct. 17, 1968 section 403 of Pub. L. 90578 section 631 of this title CHAPTER 44 ALTERNATIVE DISPUTE RESOLUTION    Sec.  651. Authorization of alternative dispute resolution.  652. Jurisdiction.  653. Neutrals.  654. Arbitration.  655. Arbitrators.  656. Subpoenas.  657. Arbitration award and judgment.  658. Compensation of arbitrators and neutrals.  Editorial Notes Amendments 1998 Pub. L. 105315,  12(b)(1) Oct. 30, 1998 112 Stat. 2998  651. Authorization of alternative dispute resolution (a)  Definition For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658. (b)  Authority Each United States district court shall authorize, by local rule adopted under section 2071(a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654. Each United States district court shall devise and implement its own alternative dispute resolution program, by local rule adopted under section 2071(a), to encourage and promote the use of alternative dispute resolution in its district. (c)  Existing Alternative Dispute Resolution Programs In those courts where an alternative dispute resolution program is in place on the date of the enactment of the Alternative Dispute Resolution Act of 1998, the court shall examine the effectiveness of that program and adopt such improvements to the program as are consistent with the provisions and purposes of this chapter. (d)  Administration of Alternative Dispute Resolution Programs Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and evaluate the courts alternative dispute resolution program. Such person may also be responsible for recruiting, screening, and training attorneys to serve as neutrals and arbitrators in the courts alternative dispute resolution program. (e)  Title Not Affected This chapter shall not affect title 9, United States Code. (f)  Program Support The Federal Judicial Center and the Administrative Office of the United States Courts are authorized to assist the district courts in the establishment and improvement of alternative dispute resolution programs by identifying particular practices employed in successful programs and providing additional assistance as needed and appropriate. (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4659 Pub. L. 105315,  3 Oct. 30, 1998 112 Stat. 2993  Editorial Notes  References in Text The date of the enactment of the Alternative Dispute Resolution Act of 1998, referred to in subsec. (c), is the date of enactment of Pub. L. 105315 Oct. 30, 1998 Amendments 1998 Pub. L. 105315 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 100702, title IX,  907 Nov. 19, 1988 102 Stat. 4664 This title and the amendments made by this title [enacting this chapter and provisions set out as notes under this section and section 652 of this title Nov. 19, 1988 Pub. L. 100702, title IX,  906 Nov. 19, 1988 102 Stat. 4664 Pub. L. 103192,  1(a) Dec. 14, 1993 107 Stat. 2292 Dec. 31, 1994 Pub. L. 103420,  3(b) Oct. 25, 1994 108 Stat. 4345 Pub. L. 103192,  2 Dec. 14, 1993 107 Stat. 2292 Dec. 14, 1993 section 906 of Pub. L. 100702 Dec. 14, 1993 Congressional Findings and Declaration of Policy Pub. L. 105315,  2 Oct. 30, 1998 112 Stat. 2993  Congress finds that (1) alternative dispute resolution, when supported by the bench and bar, and utilizing properly trained neutrals in a program adequately administered by the court, has the potential to provide a variety of benefits, including greater satisfaction of the parties, innovative methods of resolving disputes, and greater efficiency in achieving settlements; (2) certain forms of alternative dispute resolution, including mediation, early neutral evaluation, minitrials, and voluntary arbitration, may have potential to reduce the large backlog of cases now pending in some Federal courts throughout the United States, thereby allowing the courts to process their remaining cases more efficiently; and (3) the continued growth of Federal appellate court-annexed mediation programs suggests that this form of alternative dispute resolution can be equally effective in resolving disputes in the Federal trial courts; therefore, the district courts should consider including mediation in their local alternative dispute resolution programs. Model Procedures Pub. L. 100702, title IX,  902 Nov. 19, 1988 102 Stat. 4663 The Judicial Conference of the United States may develop model rules relating to procedures for arbitration under chapter 44, as added by section 901 of this Act. No model rule may supersede any provision of such chapter 44, this title [enacting this chapter and provisions set out as notes under this section and section 652 of this title Reports by Director of Administrative Office of United States Courts and by Federal Judicial Center Pub. L. 100702, title IX,  903 Nov. 19, 1988 102 Stat. 4663  (a)  Annual Report by Director of Administrative Office of the United States Courts The Director of the Administrative Office of the United States Courts shall include in the annual report of the activities of the Administrative Office required under section 604(a)(3) [ 28 U.S.C. 604(a)(3) (b)  Report by Federal Judicial Center Not later than 5 years after the date of enactment of this Act [ Nov. 19, 1988 (1) A description of the arbitration programs authorized by such chapter, as conceived and as implemented in the judicial districts in which such programs are authorized. (2) A determination of the level of satisfaction with the arbitration programs in those judicial districts by a sampling of court personnel, attorneys, and litigants whose cases have been referred to arbitration. (3) A summary of those program features that can be identified as being related to program acceptance both within and across judicial districts. (4) A description of the levels of satisfaction relative to the cost per hearing of each program. (5) Recommendations to the Congress on whether to terminate or continue chapter 44, or, alternatively, to enact an arbitration provision in title 28, United States Code, authorizing arbitration in all Federal district courts. Effect on Judicial Rulemaking Powers Pub. L. 100702, title IX,  904 Nov. 19, 1988 102 Stat. 4663 Nothing in this title [enacting this chapter and provisions set out as notes under this section and section 652 of this title Authorization of Appropriations Pub. L. 105315,  11 Oct. 30, 1998 112 Stat. 2998 There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out chapter 44 of title 28, United States Code, as amended by this Act. Pub. L. 100702, title IX,  905 Nov. 19, 1988 102 Stat. 4664 Pub. L. 103192,  1(b) Dec. 14, 1993 107 Stat. 2292 Pub. L. 103420,  3(a) Oct. 25, 1994 108 Stat. 4345 Pub. L. 10553,  1 Oct. 6, 1997 111 Stat. 1173 There are authorized to be appropriated for each fiscal year to the judicial branch such sums as may be necessary to carry out the purposes of chapter 44, as added by section 901 of this Act. Funds appropriated under this section shall be allocated by the Administrative Office of the United States Courts to Federal judicial districts and the Federal Judicial Center. The funds so appropriated are authorized to remain available until expended.  652. Jurisdiction (a)  Consideration of Alternative Dispute Resolution in Appropriate Cases Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071(a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigation. Each district court shall provide litigants in all civil cases with at least one alternative dispute resolution process, including, but not limited to, mediation, early neutral evaluation, minitrial, and arbitration as authorized in sections 654 through 658. Any district court that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. (b)  Actions Exempted From Consideration of Alternative Dispute Resolution Each district court may exempt from the requirements of this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriate. In defining these exemptions, each district court shall consult with members of the bar, including the United States Attorney for that district. (c)  Authority of the Attorney General Nothing in this section shall alter or conflict with the authority of the Attorney General to conduct litigation on behalf of the United States, with the authority of any Federal agency authorized to conduct litigation in the United States courts, or with any delegation of litigation authority by the Attorney General. (d)  Confidentiality Provisions Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071(a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications. (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4659 Pub. L. 105315,  4 Oct. 30, 1998 112 Stat. 2994  Editorial Notes Amendments 1998 Pub. L. 105315 Statutory Notes and Related Subsidiaries Exception to Limitation on Money Damages Pub. L. 100702, title IX,  901(c) Nov. 19, 1988 102 Stat. 4663 section 652 of this title section 658 of this title Nov. 19, 1988 Pub. L. 105315,  12(a) Oct. 30, 1998 112 Stat. 2998  653. Neutrals (a)  Panel of Neutrals Each district court that authorizes the use of alternative dispute resolution processes shall adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Each district court shall promulgate its own procedures and criteria for the selection of neutrals on its panels. (b)  Qualifications and Training Each person serving as a neutral in an alternative dispute resolution process should be qualified and trained to serve as a neutral in the appropriate alternative dispute resolution process. For this purpose, the district court may use, among others, magistrate judges who have been trained to serve as neutrals in alternative dispute resolution processes, professional neutrals from the private sector, and persons who have been trained to serve as neutrals in alternative dispute resolution processes. Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071(a) relating to the disqualification of neutrals (including, where appropriate, disqualification under section 455 of this title (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4660 Pub. L. 105315,  5 Oct. 30, 1998 112 Stat. 2995  Editorial Notes Amendments 1998 Pub. L. 105315  654. Arbitration (a)  Referral of Actions to Arbitration Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where (1) the action is based on an alleged violation of a right secured by the Constitution of the United States; (2) jurisdiction is based in whole or in part on section 1343 of this title (3) the relief sought consists of money damages in an amount greater than $150,000. (b)  Safeguards in Consent Cases Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a) (1) consent to arbitration is freely and knowingly obtained; and (2) no party or attorney is prejudiced for refusing to participate in arbitration. (c)  Presumptions For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount. (d)  Existing Programs Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section 1 1 Public Law 100702 section 1 of Public Law 10553 (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4660 Pub. L. 105315,  6 Oct. 30, 1998 112 Stat. 2995  Editorial Notes  References in Text Title IX of the Judicial Improvements and Access to Justice Act ( Public Law 100702 section 1 of Public Law 10553 Pub. L. 100702 Nov. 19, 1988 102 Stat. 4659 Section 1 of Pub. L. 10553 Oct. 6, 1997 111 Stat. 1173 section 905 of title IX of Pub. L. 100702 section 651 of this title Amendments 1998 Pub. L. 105315  655. Arbitrators (a)  Powers of Arbitrators An arbitrator to whom an action is referred under section 654 shall have the power, within the judicial district of the district court which referred the action to arbitration (1) to conduct arbitration hearings; (2) to administer oaths and affirmations; and (3) to make awards. (b)  Standards for Certification Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform services in accordance with such standards and this chapter. The standards shall include provisions requiring that any arbitrator (1) shall take the oath or affirmation described in section 453; and (2) shall be subject to the disqualification rules under section 455. (c)  Immunity All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity. (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4661 Pub. L. 105315,  7 Oct. 30, 1998 112 Stat. 2996  Editorial Notes Amendments 1998 Pub. L. 105315  656. Subpoenas  Rule 45 of the Federal Rules of Civil Procedure (relating to subpoenas) applies to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing under this chapter. (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4662 Pub. L. 105315,  8 Oct. 30, 1998 112 Stat. 2996  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to this title. Amendments 1998 Pub. L. 105315  657. Arbitration award and judgment (a)  Filing and Effect of Arbitration Award An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration. Such award shall be entered as the judgment of the court after the time has expired for requesting a trial de novo. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment shall not be subject to review in any other court by appeal or otherwise. (b)  Sealing of Arbitration Award The district court shall provide, by local rule adopted under section 2071(a), that the contents of any arbitration award made under this chapter shall not be made known to any judge who might be assigned to the case until the district court has entered final judgment in the action or the action has otherwise terminated. (c)  Trial de Novo of Arbitration Awards. (1)  Time for filing demand Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court. (2)  Action restored to court docket Upon a demand for a trial de novo, the action shall be restored to the docket of the court and treated for all purposes as if it had not been referred to arbitration. (3)  Exclusion of evidence of arbitration The court shall not admit at the trial de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award, or any other matter concerning the conduct of the arbitration proceeding, unless (A) the evidence would otherwise be admissible in the court under the Federal Rules of Evidence; or (B) the parties have otherwise stipulated. (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4662 Pub. L. 105315,  9 Oct. 30, 1998 112 Stat. 2997  Editorial Notes  References in Text The Federal Rules of Evidence, referred to in subsec. (c)(3)(A), are set out in the Appendix to this title. Amendments 1998 Pub. L. 105315  658. Compensation of arbitrators and neutrals (a)  Compensation The district court shall, subject to regulations approved by the Judicial Conference of the United States, establish the amount of compensation, if any, that each arbitrator or neutral shall receive for services rendered in each case under this chapter. (b)  Transportation Allowances Under regulations prescribed by the Director of the Administrative Office of the United States Courts, a district court may reimburse arbitrators and other neutrals for actual transportation expenses necessarily incurred in the performance of duties under this chapter. (Added Pub. L. 100702, title IX,  901(a) Nov. 19, 1988 102 Stat. 4662 Pub. L. 105315,  10 Oct. 30, 1998 112 Stat. 2997  Editorial Notes Amendments 1998 Pub. L. 105315 CHAPTER 45 SUPREME COURT    Sec.  671. Clerk.  672. Marshal.  673. Reporter.  674. Librarian.  675. Law clerks and secretaries.  676. Printing and binding.  677. Counselor to the Chief Justice.  Editorial Notes Amendments 2008 Pub. L. 110402,  1(b)(3)(B) Oct. 13, 2008 122 Stat. 4254 1972 Pub. L. 92238,  2 Mar. 1, 1972 86 Stat. 46  671. Clerk (a) The Supreme Court may appoint and fix the compensation of a clerk and one or more deputy clerks. The clerk shall be subject to removal by the Court. Deputy clerks shall be subject to removal by the clerk with the approval of the Court or the Chief Justice of the United States. [(b) Repealed. Pub. L. 92310, title II,  206(c) June 6, 1972 86 Stat. 203 (c) The clerk may appoint and fix the compensation of necessary assistants and messengers with the approval of the Chief Justice of the United States. (d) The clerk shall pay into the Treasury all fees, costs, and other moneys collected by him. He shall make annual returns thereof to the Court under regulations prescribed by it. ( June 25, 1948, ch. 646 62 Stat. 918 Pub. L. 88279,  1 Mar. 10, 1964 78 Stat. 158 Pub. L. 92310, title II,  206(c) June 6, 1972 86 Stat. 203  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  325, 326, 327, 541 and 542 ( Feb. 22, 1875, ch. 95 18 Stat. 333 Mar. 3, 1883, ch. 143 22 Stat. 631 Mar. 15, 1898, ch. 68,  8 30 Stat. 317 Mar. 3, 1911, ch. 231 36 Stat. 1152 June 10, 1921, ch. 18,  304 42 Stat. 24 This section consolidates sections 541 and 542 of title 28, U.S.C., 1940 ed., with parts of sections 325, 326 and 327 of such title. The provisions in said section 325 relating to appointment of a marshal and reporter are incorporated in sections 672 and 673 of this title. The provisions in section 327 of title 28 section 954 of this title The provision of section 326 of title 28 section 1737 of this title The provision that the clerk shall be subject to removal by the Court is new. Section 327 of title 28 In re Hennen Myers v. U.S The provision in section 326 of title 28 A provision of section 326 of title 28 A further provision of section 326 of title 28 The references in section 541 of title 28 section 711 of this title Section 542 of title 28 The provisions that the Court shall fix the compensation of deputy clerks, and that the clerk shall fix the compensation of assistants and messengers with the approval of the Chief Justice, are new. Current appropriation Acts providing that the compensation of officers and employees of the Supreme Court, other than clerk and reporter shall be fixed by the court, unnecessarily burden the court with administrative details. Provision for allowance and approval of payments of compensation and office expenses by the clerk upon allowance and approval by the Chief Justice, instead of by the Court, was inserted with the approval of the Judicial Conference Committee on Revision of the Judicial Code as not inconsistent with section 542 of title 28 References in sections 541 and 542 of title 28, U.S.C., 1940 ed., to certification of expenses by the justices and for audit and allowances by the General Accounting Office, were omitted as unnecessary in view of this section. Changes were made in phraseology. Editorial Notes Amendments 1972Subsec. (b). Pub. L. 92310 1964Subsec. (c). Pub. L. 88279 Subsec. (d). Pub. L. 88279 Statutory Notes and Related Subsidiaries Effective Date of 1964 Amendment Pub. L. 88279,  4 Mar. 10, 1964 78 Stat. 158 The amendments proposed in this Act [amending this section and section 672 of this title Appropriations Pub. L. 88279,  3 Mar. 10, 1964 78 Stat. 158 There are hereby authorized to be appropriated annually such sums as are necessary to carry out the provisions of this Act [amending this section and section 672 of this title  672. Marshal (a) The Supreme Court may appoint a marshal, who shall be subject to removal by the Court, and may fix his compensation. (b) The marshal may, with the approval of the Chief Justice of the United States, appoint and fix the compensation of necessary assistants and other employees to attend the Court, and necessary custodial employees. (c) The marshal shall: (1) Attend the Court at its sessions; (2) Serve and execute all process and orders issued by the Court or a member thereof; (3) Take charge of all property of the United States used by the Court or its members; (4) Disburse funds appropriated for work upon the Supreme Court building and grounds under the jurisdiction of the Architect of the Capitol upon certified vouchers submitted by the Architect; (5) Disburse funds appropriated for the purchase of books, pamphlets, periodicals and other publications, and for their repair, binding, and rebinding, upon vouchers certified by the librarian of the Court; (6) Pay the salaries of the Chief Justice, associate justices, and all officers and employees of the Court and disburse other funds appropriated for disbursement, under the direction of the Chief Justice; (7) Pay the expenses of printing briefs and travel expenses of attorneys in behalf of persons whose motions to appear in forma pauperis in the Supreme Court have been approved and when counsel have been appointed by the Supreme Court, upon vouchers certified by the clerk of the Court; (8) Oversee the Supreme Court Police. ( June 25, 1948, ch. 646 62 Stat. 918 Pub. L. 88279,  2 Mar. 10, 1964 78 Stat. 158 Pub. L. 97390,  2 Dec. 29, 1982 96 Stat. 1958  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  325, 331, and section 13d of title 40 Mar. 3, 1911, ch. 231 36 Stat. 1152 April 11, 1928, ch. 358 45 Stat. 424 May 7, 1934, ch. 222,  4 48 Stat. 668 This section consolidates part of section 325 of title 28 section 13d of title 40 Provisions of section 325 of title 28 Provision of section 331 of title 28 Part of subsection (c)(5) is new. It recognizes the propriety of certification by the Court Librarian of vouchers for expenditures for the library. (See revisers note under section 674 of this title The marshals duties as superintendent of the Supreme Court building are incorporated in section 13c of title 40 Changes were made in phraseology. Editorial Notes Amendments 1982Subsec. (c)(8). Pub. L. 97390 1964Subsec. (c)(6). Pub. L. 88279,  2(a) Subsec. (c)(7). Pub. L. 88279,  2(b) Statutory Notes and Related Subsidiaries Effective Date of 1964 Amendment Amendment by Pub. L. 88279 section 4 of Pub. L. 88279 section 671 of this title Appropriations Annual appropriations to carry out amendment of this section by Pub. L. 88279 section 3 of Pub. L. 88279 section 671 of this title  673. Reporter (a) The Supreme Court may appoint and fix the compensation of a reporter of its decisions who shall be subject to removal by the Court. (b) The reporter may appoint and fix the compensation of necessary professional and clerical assistants and other employees, with the approval of the Court or the Chief Justice of the United States. (c) The reporter shall, under the direction of the Court or the Chief Justice, prepare the decisions of the Court for publication in bound volumes and advance copies in pamphlet installments. The reporter shall determine the quality and size of the paper, type, format, proofs and binding subject to the approval of the Court or the Chief Justice. ( June 25, 1948, ch. 646 62 Stat. 919  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  325, 332, and 333 ( Mar. 3, 1911, ch. 231 36 Stat. 1152 July 1, 1922, ch. 267 42 Stat. 816 May 29, 1926, ch. 425,  1 44 Stat. 677 This section consolidates sections 332 and 333 of title 28, U.S.C., 1940 ed., with part of section 325 of such title. Provisions of section 325 of title 28 The provision as to tenure is new and is added to insure consistency with other revised sections relating to tenure of court officers. The provisions of section 333 of title 28 Provisions of section 333 of title 28 The last sentence of section 333 of title 28 The revised section makes specific the implied power to fix the compensation of the reporters assistants. The provision in section 332 of title 28 section 111 of title 44 Authority for making an appropriation to carry into effect the provisions of this section relating to compensation and allowances of the reporter, compensation of his assistants, and preparation of the decisions of the Supreme Court for publication, is contained in section 336 of title 28 July 1, 1922, ch. 267,  5 42 Stat. 818 May 29, 1926, ch. 425,  3 44 Stat. 678  674. Librarian (a) The Supreme Court may appoint a librarian, whose salary it shall fix, and who shall be subject to removal by the Court. (b) The librarian shall, with the approval of the Chief Justice, appoint necessary assistants and fix their compensation and make rules governing the use of the library. (c) He shall select and acquire by purchase, gift, bequest, or exchange, such books, pamphlets, periodicals, microfilm and other processed copy as may be required by the Court for its official use and for the reasonable needs of its bar. (d) The librarian shall certify to the marshal for payment vouchers covering expenditures for the purchase of such books and other material, and for binding, rebinding and repairing the same. ( June 25, 1948, ch. 646 62 Stat. 919 Pub. L. 92310, title II,  206(d) June 6, 1972 86 Stat. 203  Historical and Revision Notes This section gives statutory recognition to the office of librarian. For many years the Court has appointed its librarian directly through the Chief Justice, rather than through the marshal. Other members of the library staff are appointed by the librarian, with the approval of the Chief Justice. Under this section the marshal will not be required to certify to expenditures for some 2,000 books bought for the library each year but this will be the duty of the librarian. Editorial Notes Amendments 1972Subsec. (d). Pub. L. 92310  675. Law clerks and secretaries  The Chief Justice of the United States, and the associate justices of the Supreme Court may appoint law clerks and secretaries whose salaries shall be fixed by the Court. ( June 25, 1948, ch. 646 62 Stat. 919  Historical and Revision Notes Based on title 28, U.S.C., 1926 ed.,  328 ( June 1, 1922, ch. 204 42 Stat. 614 Jan. 3, 1923, ch. 21 42 Stat. 1081 May 28, 1924, ch. 204 43 Stat. 218 Feb. 27, 1925, ch. 364 43 Stat. 1028 Section is derived from Appropriation Acts for fiscal years cited in the credits. It was omitted from the 1934 and 1940 editions of the U.S. Code because it was considered to be probably of a temporary nature. This section is consistent with other provisions authorizing the appointment of similar personnel for circuit and district judges. The 1942 appropriation act ( July 2, 1942, ch. 472 56 Stat. 501 The salary limitation of $3,600 was omitted and the Court authorized to fix law clerks salaries. Current appropriation acts provide that salaries of the Courts officers and employees, except the clerk and reporter, shall be fixed by the Court. See section 711 et seq. and section 751 et seq., of this title, relating to appointment of law clerks and secretaries to circuit and district judges. Changes were made in phraseology.  676. Printing and binding (a) The printing and binding for the Supreme Court, including the printing and binding of individual copies, advance pamphlet installments, and bound volumes, of its decisions, whether requisitioned or ordered by the Court or any of its officers or by any other office or agency, and whether paid for by, or charged to the appropriation for, the Court or any other office or agency, shall be done by the printer or printers whom the Court or the Chief Justice of the United States may select, unless it shall otherwise order. (b) Whenever advance pamphlet installments and bound volumes of the Courts decisions are printed by a private printer, an adequate number of copies for distribution in accordance with the requirements of section 411 of this title ( June 25, 1948, ch. 646 62 Stat. 919 May 24, 1949, ch. 139,  74 63 Stat. 100 Oct. 31, 1951, ch. 655,  45 65 Stat. 725 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  354 ( Feb. 27, 1925, ch. 364 43 Stat. 1028 Apr. 29, 1926, ch. 195 44 Stat. 344 Feb. 24, 1927, ch. 189 44 Stat. 1194 Feb. 15, 1928, ch. 57 45 Stat. 79 Jan. 25, 1929, ch. 102 45 Stat. 1109 Apr. 18, 1930, ch. 184 46 Stat. 188 Feb. 23, 1931, ch. 280 46 Stat. 1323 July 1, 1932, ch. 361 47 Stat. 490 Mar. 1, 1933, ch. 144 47 Stat. 1382 Apr. 7, 1934, ch. 104 48 Stat. 539 The section was expanded to include the printing and binding of the official edition of the courts decisions, thus making possible an economy in the expenditure of Government funds by having the printing and binding done by the same printer. Subsection (b) of the revised section was supplied to conform to sections 411 and 412 of this title. 1949 Act This section corrects a grammatical error in subsection (a) of section 676 of title 28 Editorial Notes Amendments 1951Subsec. (b). Act Oct. 31, 1951 1949Subsec. (a). Act May 24, 1949 Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in subsec. (b) on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44  677. Counselor to the Chief Justice (a) The Chief Justice of the United States may appoint a Counselor who shall serve at the pleasure of the Chief Justice and shall perform such duties as may be assigned to him by the Chief Justice. The salary payable to the Counselor shall be fixed by the Chief Justice at a rate which shall not exceed the salary payable to the Director of the Administrative Office of the United States Courts. The Counselor may elect to bring himself within the same retirement program available to the Director of the Administrative Office of the United States Courts, as provided by section 611 of this title (b) The Counselor, with the approval of the Chief Justice, may appoint and fix the compensation of necessary employees. The Counselor and his employees shall be deemed employees of the Supreme Court. (c) (1) Notwithstanding section 1342 of title 31 (2) No person may volunteer personal services under this subsection unless the person has first agreed, in writing, to waive any claim against the United States arising out of or in connection with such services, other than a claim under chapter 81 of title 5. (3) No person volunteering personal services under this subsection shall be considered an employee of the United States for any purpose other than for purposes of (A) chapter 81 of title 5; or (B) chapter 171 of this title. (4) In the administration of this subsection, the Counselor shall ensure that the acceptance of personal services shall not result in the reduction of pay or displacement of any employee of the Supreme Court. (d) The Counselor, with the approval of the Chief Justice, shall establish a retention and recruitment program that is consistent with section 908 of the Emergency Supplemental Act, 2002 ( 2 U.S.C. 1926 (Added Pub. L. 92238,  1 Mar. 1, 1972 86 Stat. 46 Pub. L. 105233,  1 Aug. 13, 1998 112 Stat. 1535 Pub. L. 110402,  1(b)(3)(A) Oct. 13, 2008 122 Stat. 4254 Pub. L. 117328, div. E, title III,  307 Dec. 29, 2022 136 Stat. 4672  Editorial Notes Amendments 2022Subsec. (d). Pub. L. 117328 2008 Pub. L. 110402,  1(b)(3)(A)(i) Subsec. (a). Pub. L. 110402,  1(b)(3)(A)(ii) Subsecs. (b), (c). Pub. L. 110402,  1(b)(3)(A)(iii) 1998Subsec. (c). Pub. L. 105233 CHAPTER 47 COURTS OF APPEALS    Sec.  711. Clerks and employees.  712. Law clerks and secretaries.  713. Librarians.  714. Criers and messengers.  715. Staff attorneys and technical assistants.  Editorial Notes Amendments 1982 Pub. L. 97164, title I,  120(b)(2) Apr. 2, 1982 96 Stat. 33  711. Clerks and employees (a) Each court of appeals may appoint a clerk who shall be subject to removal by the court. (b) The clerk, with the approval of the court, may appoint necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants and employees shall be subject to removal by the clerk with the approval of the court. (c) The clerk shall pay into the Treasury all fees, costs and other moneys collected by him and make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him. ( June 25, 1948, ch. 646 62 Stat. 920  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  221 and 222, 544 and 546 and District of Columbia Code, 1940 ed.,  11204 ( Mar. 3, 1891, ch. 517,  2 26 Stat. 826 Feb. 9, 1893, ch. 74,  4 27 Stat. 435 July 30, 1894, ch. 172,  1 28 Stat. 160 June 6, 1900, ch. 791,  1 31 Stat. 639 Mar. 3, 1901, ch. 854,  224 31 Stat. 1224 June 30, 1902, ch. 1329 32 Stat. 528 Mar. 3, 1911, ch. 231 36 Stat. 1132 Aug. 23, 1912, ch. 350 37 Stat. 412 Feb. 22, 1921, ch. 70,  7 41 Stat. 1144 June 1, 1922, ch. 204 42 Stat. 616 Mar. 4, 1923, ch. 265 42 Stat. 1488 May 21, 1928, ch. 659 45 Stat. 645 This section consolidates section 546 of title 28 section 604 of this title Discrepancies between such section 11204 of District of Columbia Code, 1940 ed., and the more general provisions of title 28 were eliminated by adopting the more general provisions. Words Director of the Administrative Office of the United States Courts were substituted for Attorney General, in view of the act of Aug. 7, 1939, ch. 501,  6 53 Stat. 1226 A provision that the returns should be filed annually was changed to place the times of accounting within the discretion of the Director of the Administrative Office of the United States Courts, who has supervision over such accounts. (See section 604 of this title This section is in harmony with section 671 of this title Court of appeals was substituted for circuit court of appeals to conform to section 43 of this title The provision that each clerk shall be removable by the court is new. Section 222 of title 28 The words and other necessary employees were added in subsection (b) to supply an omission of existing law and to give statutory authority for the appointment of necessary employees for which compensation is annually appropriated. Changes were made in phraseology.  712. Law clerks and secretaries  Circuit judges may appoint necessary law clerks and secretaries. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. ( June 25, 1948, ch. 646 62 Stat. 920 Pub. L. 100702, title X,  1003(a)(3) Nov. 19, 1988 102 Stat. 4665  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  222a ( Mar. 3, 1911, ch. 231,  118a June 17, 1930, ch. 509 46 Stat. 774 Provision of section 222a of title 28 section 604 of this title Words with the approval of the Attorney General, were omitted to confer on circuit judges the same authority given Supreme Court justices under section 675 of this title The provision for appointment of secretaries is new. Existing law fixes compensation of secretaries but makes no provision for their appointment. (See section 604 of this title Changes were made in phraseology. Editorial Notes Amendments 1988 Pub. L. 100702  713. Librarians (a) Each court of appeals may appoint a librarian who shall be subject to removal by the court. (b) The librarian, with the approval of the court, may appoint necessary library assistants in such numbers as the Director of the Administrative Office of the United States Courts may approve. The librarian may remove such library assistants with the approval of the court. ( June 25, 1948, ch. 646 62 Stat. 920 May 24, 1949, ch. 139,  75 63 Stat. 100 Pub. L. 97164, title I,  120(b)(1) Apr. 2, 1982 96 Stat. 33  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  547, and section 11204 of District of Columbia Code, 1940 ed., ( Mar. 3, 1891, ch. 517,  9 26 Stat. 829 Feb. 9, 1893, ch. 74,  4 27 Stat. 435 July 30, 1894, ch. 172,  1 28 Stat. 160 Mar. 3, 1901, ch. 854,  224 31 Stat. 1224 June 30, 1902, ch. 1329 32 Stat. 528 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Aug. 23, 1912, ch. 350 37 Stat. 412 Feb. 22, 1921, ch. 70,  7 41 Stat. 1144 Mar. 4, 1923, ch. 265 42 Stat. 1488 May 21, 1928, ch. 659 45 Stat. 645 Section consolidates parts of section 11204 of the District of Columbia Code, 1940 ed., and section 547 of title 28 The Judicial Code provided for the appointment of assistants and messengers in the Supreme Court, criers and persons to wait upon juries in the district courts, a messenger in the Court of Customs and Patent Appeals, and a bailiff and a chief messenger in the Court of Claims (see title 28, U.S.C., 1940 ed.,  9, 244, 305, 331) and also provided (see same title,  547) that criers, bailiffs and messengers of the courts of appeals should be allowed the same compensation as allowed for similar services in the district courts, but did not provide for the appointment of said criers, bailiffs and messengers. This section authorizes such appointments. The provisions of section 224 of title 28 Provisions of section 11204 of District of Columbia Code, 1940 ed., relating to appointment and compensation of clerk of the United States Court of Appeals for the District of Columbia are incorporated in sections 711 and 604 of this title, respectively. Other provisions of such section were retained in the District of Columbia Code. (See revisers note under section 604 of this title Compensation of bailiffs is provided by section 755 of this title section 547 of title 28 section 604 of this title Marshal for the Court of Appeals for the District of Columbia was authorized by the District of Columbia Appropriation Act of June 29, 1937 50 Stat. 378 The duties of criers and bailiffs are made specific consistently with section 755 of this title The removal provisions are added to make this section consistent with the same provisions in other sections relating to tenure of court officers. Changes in phraseology and arrangement were made. 1949 Act This section corrects typographical errors in section 713 of title 28 Editorial Notes Amendments 1982 Pub. L. 97164 Subsec. (a). Pub. L. 97164 Subsec. (b). Pub. L. 97164 Subsecs. (c), (d). Pub. L. 97164 section 714 of this title 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Continuation of Service of Marshal for Court of Appeals for District of Columbia; Applicability of Other Law to Court During Such Individuals Service Pub. L. 98620, title IV,  415 Nov. 8, 1984 98 Stat. 3364 Any individual who, on the date of the enactment of the Federal Courts Improvement Act of 1982 [ Pub. L. 97164 Apr. 2, 1982 section 713(c) of title 28 Nov. 8, 1984 section 714(a) of title 28  714. Criers and messengers (a) Each court of appeals may appoint a crier who shall be subject to removal by the court. (b) The crier, with the approval of the court, may appoint necessary messengers in such number as the Director of the Administrative Office of the United States Courts may approve. The crier may remove such messengers with the approval of the court. The crier shall also perform the duties of bailiff and messenger. (Added Pub. L. 97164, title I,  120(c)(1) Apr. 2, 1982 96 Stat. 33  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Applicability of This Section to Court of Appeals for District of Columbia During Continued Service of Marshal for Court in Office on Apr. 2, 1982 Subsec. (a) of this section not applicable to the Court of Appeals for the District of Columbia during the continued service as Marshal for such Court of any individual who was serving in such office under section 713(c) of this title Apr. 2, 1982 section 415 of Pub. L. 98620 section 713 of this title  715. Staff attorneys and technical assistants (a) The chief judge of each court of appeals, with the approval of the court, may appoint a senior staff attorney, who shall be subject to removal by the chief judge with the approval of the court. (b) The senior staff attorney, with the approval of the chief judge, may appoint necessary staff attorneys and secretarial and clerical employees in such numbers as the Director of the Administrative Office of the United States Courts may approve, but in no event may the number of staff attorneys exceed the number of positions expressly authorized in an annual appropriation Act. The senior staff attorney may remove such staff attorneys and secretarial and clerical employees with the approval of the chief judge. (c) The chief judge of the Court of Appeals for the Federal Circuit, with the approval of the court, may appoint a senior technical assistant who shall be subject to removal by the chief judge with the approval of the court. (d) The senior technical assistant, with the approval of the court, may appoint necessary technical assistants in such number as the Director of the Administrative Office of the United States Courts may approve, but in no event may the number of technical assistants in the Court of Appeals for the Federal Circuit exceed the number of circuit judges in regular active service within such circuit. The senior technical assistant may remove such technical assistants with the approval of the court. (Added Pub. L. 97164, title I,  120(c)(1) Apr. 2, 1982 96 Stat. 34  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 49 DISTRICT COURTS    Sec.  751. Clerks.  752. Law clerks and secretaries.  753. Reporters.  754. Receivers of property in different districts.  755. Criers and bailiffs.  756. Power to appoint.  751. Clerks (a) Each district court may appoint a clerk who shall be subject to removal by the court. (b) The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants and employees shall be subject to removal by the clerk with the approval of the court. (c) The clerk of each district court shall reside in the district for which he is appointed, except that the clerk of the district court for the District of Columbia and the Southern District of New York may reside within twenty miles thereof. The district court may designate places within the district for the offices of the clerk and his deputies, and their official stations. (d) A clerk of a district court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants. This subsection shall not apply to clerks or deputy clerks appointed as United States magistrate judges pursuant to section 631 of this title (e) The clerk of each district court shall pay into the Treasury all fees, costs and other moneys collected by him, except naturalization fees listed in section 742 of Title 8 He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him. (f) When the Court of International Trade is sitting in a judicial district, other than the Southern District or Eastern District of New York, the clerk of the district court of such judicial district or an authorized deputy clerk, upon the request of the chief judge of the Court of International Trade and with the approval of such district court, shall act in the district as clerk of the Court of International Trade, as prescribed by the rules and orders of the Court of International Trade for all purposes relating to the civil action then pending before such court. ( June 25, 1948, ch. 646 62 Stat. 920 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 96417, title V,  504 Oct. 10, 1980 94 Stat. 1743 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  6, 7, 8, 524, 557, 567, 568, and 569, sections 644 and 863 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and section 11401 of the District of Columbia Code, 1940 ed. (R.S.  833; June 20, 1874, ch. 328,  2 18 Stat. 109 May 28, 1896, ch. 252,  8 29 Stat. 181 Apr. 12, 1900, ch. 191,  34 31 Stat. 84 Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1901, ch. 854,  174 31 Stat. 1218 June 28, 1902, ch. 1301,  1 32 Stat. 475 June 30, 1902, ch. 1329 32 Stat. 527 June 30, 1906, ch. 3914,  1 34 Stat. 754 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Mar. 3, 1911, ch. 231 36 Stat. 1087 Jan. 7, 1913, ch. 6 37 Stat. 648 Mar. 2, 1917, ch. 145,  41 39 Stat. 965 Feb. 26, 1919, ch. 49 40 Stat. 1182 Feb. 11, 1921, ch. 46 41 Stat. 1099 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 June 10, 1921, ch. 18 42 Stat. 23 June 16, 1921, ch. 23,  1 42 Stat. 41 July 9, 1921, ch. 42,  313 42 Stat. 119 June 1, 1922, ch. 204 42 Stat. 614 Jan. 3, 1923, ch. 21 42 Stat. 1084 Feb. 12, 1925, ch. 220 43 Stat. 890 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1936, ch. 804 49 Stat. 1921 Mar. 26, 1938, ch. 51,  2 52 Stat. 118 June 16, 1938, ch. 465 52 Stat. 752 June 14, 1941, ch. 203 55 Stat. 251 This section consolidates provisions of section 11401 of the District of Columbia Code, 1940 ed., sections 644 and 863 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and title 28, U.S.C., 1940 ed., sections 6, 7, 8, 524, 557, 567, 568, and 569 relating to district court clerks. Other provisions of such sections 8 and 524 are incorporated in sections 505 [now 545], 541 [see 561], and 954 of this title and other provisions of such section 11401 of the District of Columbia Code have been retained in such Code. Words with the approval of the court were substituted for Attorney General. The power to approve appointment of court officers is more properly a judicial one. (See section 711 of this title The provision in section 6 of title 28 The provisions of section 644 of title 48 section 604 of this title section 753 of this title Provision for similar officers in Alaska, Canal Zone, and the Virgin Islands is made by sections 106, 1349, and 1405y, respectively, of title 48, U.S.C., 1940 ed. A part of section 863 of said title 48, was retained in title 48. For remainder of such section, see Distribution Table. Words in sections 6 and 7 of title 28, U.S.C., 1940 ed., Except as otherwise provided for by law, were omitted as obsolete and superfluous. References in section 7 of title 28 The provision that each clerk shall be subject to removal by the court is new. No tenure was provided for by title 28, U.S.C., 1940 ed., but said title contained provisions that other clerks should hold office during the pleasure of the courts which appointed them, and that deputies should hold office during the pleasure of the clerks. The Supreme Court held, in 1839, that a judge of a district court could remove the clerk thereof at pleasure in absence of any law fixing the clerks tenure. In re Hennen Meyers v. U.S Words circuit or after Every clerk of the in section 524 of title 28 act Mar. 3, 1911, ch. 231,  289 36 Stat. 1167 The provisions in section 524 of title 28 The provision permitting the clerk of the district court for the District of Columbia to reside within twenty miles of the District of Columbia was added because of the relatively small and congested area of the District, as a result of which few federal officers are appointed from the District or reside therein. The provision in subsection (b) of this section authorizing judges to designate the places for maintaining offices by the clerks was added because of many special provisions, in sections 141196 of title 28, U.S.C., 1940 ed., for the maintenance of offices by the clerks of the district courts at various particular places. These provisions have been omitted, on revision, as covered by the more general provisions of this section. For residence requirements of United States attorneys and marshals, see sections 505 [now 545] and 541 [see 561] of this title. A provision that a breach of section 569 of title 28 The provision of section 569 of title 28 section 604 of this title Reference in sections 557, 567 and 568 of title 28, U.S.C., 1940 ed., to accounting by district court clerks in Alaska, were omitted as covered by sections 106 and 107 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, relating to duties of those clerks. References in sections 557 and 567 of title 28, U.S.C., 1940 ed., to the clerk of the district court of the United States for the District of Columbia, were omitted as covered by words The clerk of each district court of the United States. As revised, this section is in harmony with the provisions in chapters 45 and 47 of this title relating to accounting by the clerk of the Supreme Court and clerks of the courts of appeals. Provisions as to time and method of accounting and settlement of accounts were omitted as covered by chapter 41 of this title giving the Director of the Administrative Office of the United States Courts supervision over such accounts, and of chapter 2, Audit and Settlement of Accounts, of title 31, U.S.C., 1940 ed., Money and Finance. Provisions as to particular fees and moneys to be accounted for were omitted as covered by words all fees, costs and other moneys. Included in such provisions was a provision as to naturalization fees, but a later act, now appearing in section 742 of title 8 Changes were made in phraseology. Editorial Notes  References in Text Section 742 of Title 8 act June 27, 1952, ch. 477, title IV,  403(a)(42) 66 Stat. 280 section 1455 of Title 8 Amendments 1980Subsec. (f). Pub. L. 96417 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in subsec. (d) pursuant to section 321 of Pub. L. 101650 section 631 of this title Pub. L. 90578 Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title  752. Law clerks and secretaries  District judges may appoint necessary law clerks and secretaries subject to any limitation on the aggregate salaries of such employees which may be imposed by law. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. ( June 25, 1948, ch. 646 62 Stat. 921 Pub. L. 86221 Sept. 1, 1959 73 Stat. 452 Pub. L. 100702, title X,  1003(a)(3) Nov. 19, 1988 102 Stat. 4665  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  5b and 128 ( Mar. 3, 1911, ch. 231,  118b Feb. 17, 1936, ch. 75 49 Stat. 1140 May 14, 1940, ch. 189 54 Stat. 210 June 28, 1941, ch. 258 55 Stat. 301 July 2, 1942, ch. 472 56 Stat. 504 This section consolidates provisions of sections 5b and 128 of title 28, U.S.C., 1940 ed., relating to appointment of law clerks for district judges. Words in section 128 of title 28 section 44 of this title Provisions of section 128 of title 28 section 604 of this title The provisions in section 5b of title 28 57 Stat. 242 58 Stat. 357 59 Stat. 196 The provision for appointment of secretaries is new. Existing law fixes compensation of secretaries but makes no provision for their appointment. (See section 604 of this title Minor changes were made in phraseology. Senate Revision Amendment As finally enacted, sections 374c and 374d of Title 28, U.S.C., 1946 ed., which were derived from act July 23, 1947, ch. 300 61 Stat. 409 Editorial Notes Amendments 1988 Pub. L. 100702 1959 Pub. L. 86221  753. Reporters (a) Each district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands shall appoint one or more court reporters. The number of reporters shall be determined by the Judicial Conference of the United States. The qualifications of such reporters shall be determined by standards formulated by the Judicial Conference. Each reporter shall take an oath faithfully to perform the duties of his office. Each such court, with the approval of the Director of the Administrative Office of the United States Courts, may appoint additional reporters for temporary service not exceeding three months, when there is more reporting work in the district than can be performed promptly by the authorized number of reporters and the urgency is so great as to render it impracticable to obtain the approval of the Judicial Conference. If any such court and the Judicial Conference are of the opinion that it is in the public interest that the duties of reporter should be combined with those of any other employee of the court, the Judicial Conference may authorize such a combination and fix the salary for the performance of the duties combined. (b) Each session of the court and every other proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, mechanical means, electronic sound recording, or any other method, subject to regulations promulgated by the Judicial Conference and subject to the discretion and approval of the judge. The regulations promulgated pursuant to the preceding sentence shall prescribe the types of electronic sound recording or other means which may be used. Proceedings to be recorded under this section include (1) all proceedings in criminal cases had in open court; (2) all proceedings in other cases had in open court unless the parties with the approval of the judge shall agree specifically to the contrary; and (3) such other proceedings as a judge of the court may direct or as may be required by rule or order of court as 1 1 The reporter or other individual designated to produce the record shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk who shall preserve them in the public records of the court for not less than ten years. The reporter or other individual designated to produce the record shall transcribe and certify such parts of the record of proceedings as may be required by any rule or order of court, including all arraignments, pleas, and proceedings in connection with the imposition of sentence in criminal cases unless they have been recorded by electronic sound recording as provided in this subsection and the original records so taken have been certified by him and filed with the clerk as provided in this subsection. He shall also transcribe and certify such other parts of the record of proceedings as may be required by rule or order of court. Upon the request of any party to any proceeding which has been so recorded who has agreed to pay the fee therefor, or of a judge of the court, the reporter or other individual designated to produce the record shall promptly transcribe the original records of the requested parts of the proceedings and attach to the transcript his official certificate, and deliver the same to the party or judge making the request. The reporter or other designated individual shall promptly deliver to the clerk for the records of the court a certified copy of any transcript so made. The transcript in any case certified by the reporter or other individual designated to produce the record shall be deemed prima facie a correct statement of the testimony taken and proceedings had. No transcripts of the proceedings of the court shall be considered as official except those made from the records certified by the reporter or other individual designated to produce the record. The original notes or other original records and the copy of the transcript in the office of the clerk shall be open during office hours to inspection by any person without charge. (c) The reporters shall be subject to the supervision of the appointing court and the Judicial Conference in the performance of their duties, including dealings with parties requesting transcripts. (d) The Judicial Conference shall prescribe records which shall be maintained and reports which shall be filed by the reporters. Such records shall be inspected and audited in the same manner as the records and accounts of clerks of the district courts, and may include records showing: (1) the quantity of transcripts prepared; (2) the fees charged and the fees collected for transcripts; (3) any expenses incurred by the reporters in connection with transcripts; (4) the amount of time the reporters are in attendance upon the courts for the purpose of recording proceedings; and (5) such other information as the Judicial Conference may require. (e) Each reporter shall receive an annual salary to be fixed from time to time by the Judicial Conference of the United States. For the purposes of subchapter III of chapter 83 of title 5 and chapter 84 of such title, a reporter shall be considered a full-time employee during any pay period for which a reporter receives a salary at the annual salary rate fixed for a full-time reporter under the preceding sentence. All supplies shall be furnished by the reporter at his own expense. (f) Each reporter may charge and collect fees for transcripts requested by the parties, including the United States, at rates prescribed by the court subject to the approval of the Judicial Conference. He shall not charge a fee for any copy of a transcript delivered to the clerk for the records of court. Fees for transcripts furnished in criminal proceedings to persons proceeding under the Criminal Justice Act ( 18 U.S.C. 3006A section 2255 of this title (g) If, upon the advice of the chief judge of any district court within the circuit, the judicial council of any circuit determines that the number of court reporters provided such district court pursuant to subsection (a) of this section is insufficient to meet temporary demands and needs and that the services of additional court reporters for such district court should be provided the judges of such district court (including the senior judges thereof when such senior judges are performing substantial judicial services for such court) on a contract basis, rather than by appointment of court reporters as otherwise provided in this section, and such judicial council notifies the Director of the Administrative Office, in writing, of such determination, the Director of the Administrative Office is authorized to and shall contract, without regard to section 6101(b) to (d) of title 41, with any suitable person, firm, association, or corporation for the providing of court reporters to serve such district court under such terms and conditions as the Director of the Administrative Office finds, after consultation with the chief judge of the district court, will best serve the needs of such district court. ( June 25, 1948, ch. 646 62 Stat. 921 Oct. 31, 1951, ch. 655,  46 65 Stat. 726 June 28, 1955, ch. 189,  3(c) 69 Stat. 176 Pub. L. 85462,  3(c) June 20, 1958 72 Stat. 207 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 86568, title I,  116(c) July 1, 1960 74 Stat. 303 Pub. L. 89163 Sept. 2, 1965 79 Stat. 619 Pub. L. 89167 Sept. 2, 1965 79 Stat. 647 Pub. L. 91272,  14 June 2, 1970 84 Stat. 298 Pub. L. 91545 Dec. 11, 1970 84 Stat. 1412 Pub. L. 97164, title IV,  401(a) Apr. 2, 1982 96 Stat. 56 Pub. L. 104317, title III,  305 Oct. 19, 1996 110 Stat. 3852 Pub. L. 111350,  5(g)(4) Jan. 4, 2011 124 Stat. 3848  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  9a(a), (b), (c), (d), and section 644 of title 48 Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Mar. 3, 1911, ch. 231,  5a Jan. 20, 1944, ch. 3,  1(a) 58 Stat. 5 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 July 9, 1921, ch. 42,  313 42 Stat. 119 June 1, 1922, ch. 204 42 Stat. 614 Jan. 3, 1923, ch. 21 52 Stat. 1084 Feb. 12, 1925, ch. 220 43 Stat. 890 Section consolidates section 9a(a), (b), (c), (d) of title 28, U.S.C., 1940 ed., and part of section 644 of title 48 The provisions of section 644 of title 48 section 751 of this title section 751 of this title Words including the District Court of the United States for the District of Columbia, and the district courts in the territories and insular possessions were omitted as covered by Each district court in the United States, the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, and the District Court of the Virgin Islands. (See revisers note under section 88 of this title section 451 of this title Words for the performance of the duties combined were substituted for therefor, as provided by subsection (c) hereof, any provision of law to the contrary notwithstanding. Subsections (e) and (f) of this section incorporate part of the provisions of sub section 9a(c) of title 28 The last paragraph of subsection (b) of this section was revised to conform with the language of section 556 of title 28 Editorial Notes  References in Text The Criminal Justice Act, referred to in subsec. (f), probably means Pub. L. 88455 Aug. 20, 1964 78 Stat. 552 section 3006A of Title 18 section 3006A of Title 18 Amendments 2011Subsec. (g). Pub. L. 111350 41 U.S.C. 5 1996Subsec. (e). Pub. L. 104317 1982Subsec. (b). Pub. L. 97164 1970Subsec. (e). Pub. L. 91272,  14(1) Subsec. (f). Pub. L. 91545 Subsec. (g). Pub. L. 91272,  14(2) 1965Subsec. (b). Pub. L. 89163 Subsec. (f). Pub. L. 89167 section 2255 of this title 1960Subsec. (e). Pub. L. 86568 1958Subsec. (a). Pub. L. 85508 section 81A of this title Subsec. (e). Pub. L. 85462 1955Subsec. (e). Act June 28, 1955 1951Subsec. (a). Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1960 Amendment Amendment by Pub. L. 86568 July 1, 1960 section 122 of Pub. L. 86568 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 Pub. L. 85508 section 21 of Title 48 Savings Provision Pub. L. 97164, title IV,  401(b) Apr. 2, 1982 96 Stat. 57 The regulations promulgated by the Judicial Conference pursuant to subsection (b) of section 753 of title 28 Oct. 1, 1982 Apr. 2, 1982  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493 Salary Limitation for Court Reporters 1967 Pub. L. 90206, title II,  213(c) Dec. 16, 1967 81 Stat. 635 Oct. 1, 1967 section 202(a) of Pub. L. 90206 1966 Pub. L. 89504, title II,  202(c) July 18, 1966 80 Stat. 294 July 1, 1966 section 102(a) of title I of Pub. L. 89504 1965 Pub. L. 89301,  12(c) Oct. 29, 1965 79 Stat. 1122 section 2(a) of Pub. L. 89301 1964 Pub. L. 88426, title IV,  402(c) Aug. 14, 1964 78 Stat. 434 Pub. L. 88426 1962 Pub. L. 87793, title VI,  1004(c) Oct. 11, 1962 76 Stat. 866 Oct. 11, 1962 Jan. 1, 1964 Jan. 1, 1964 Pub. L. 87793  754. Receivers of property in different districts  A receiver appointed in any civil action or proceeding involving property, real, personal or mixed, situated in different districts shall, upon giving bond as required by the court, be vested with complete jurisdiction and control of all such property with the right to take possession thereof. He shall have capacity to sue in any district without ancillary appointment, and may be sued with respect thereto as provided in section 959 of this title Such receiver shall, within ten days after the entry of his order of appointment, file copies of the complaint and such order of appointment in the district court for each district in which property is located. The failure to file such copies in any district shall divest the receiver of jurisdiction and control over all such property in that district. ( June 25, 1948, ch. 646 62 Stat. 922  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  117 ( Mar. 3, 1911, ch. 231,  56 36 Stat. 1102 Word action was substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure. Section 117 of title 28 The revised section permits the receiver appointed by any district court to control all property of the defendant in whatever district the property is situated. The provisions of section 117 of title 28 Provisions of section 117 of title 28 section 1692 of this title Under section 117 of title 28 Changes were made in phraseology.  755. Criers and bailiffs  Each district judge may appoint a crier for the court in which he presides who shall perform also the duties of bailiff and messenger. A crier may perform also the duties of law clerk if he is qualified to do so and the district judge who appointed him designates him to serve as a crier-law clerk. A crier designated to serve as a crier-law clerk shall receive the compensation of a law clerk, but only so much of that compensation as is in excess of the compensation to which he would be entitled as a crier shall be deemed the compensation of a law clerk for the purposes of any limitation imposed by law upon the aggregate salaries of law clerks and secretaries appointed by a district judge. Each United States marshal may employ, with the approval of the judge, not exceeding four bailiffs as the district judge may determine, to attend the court, maintain order, wait upon the grand and petit juries, and perform such other necessary duties as the judge or marshal may direct. If the position of crier or bailiff is to be filled by the appointment of a person who has not previously served as either crier or bailiff, preference in the appointment shall be given to a person who has served in the military or naval forces of the United States in time of war and who has been honorably discharged therefrom, if in the opinion of the appointing officer such person is as well qualified as any other available person to perform to the satisfaction of the appointing officer all the duties of the position. ( June 25, 1948, ch. 646 62 Stat. 923 Pub. L. 89281 Oct. 21, 1965 79 Stat. 1012 Pub. L. 100690, title VII,  7608(b) Nov. 18, 1988 102 Stat. 4515  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  9, 595, 596 (R.S.  715; Mar. 3, 1905, ch. 1487 33 Stat. 1259 Mar. 3, 1911, ch. 231,  5 36 Stat. 1088 June 1, 1922, ch. 204 42 Stat. 617 Jan. 3, 1923, ch. 21 42 Stat. 1084 May 28, 1924, ch. 204 43 Stat. 221 May 14, 1940, ch. 189 54 Stat. 204 June 28, 1941, ch. 258 55 Stat. 295 July 2, 1942, ch. 472 56 Stat. 486 July 1, 1943, ch. 182 57 Stat. 286 June 28, 1944, ch. 294 58 Stat. 410 Dec. 7, 1944, ch. 522 58 Stat. 796 May 21, 1945, ch. 129 59 Stat. 184 Section consolidates parts of sections 9, 595, and 596 of title 28, U.S.C., 1940 ed. The other provisions of such sections appear in section 604 of this title Compensation of criers and other court attendants, except bailiffs under section 604 of this title Editorial Notes Amendments 1988 Pub. L. 100690 1965 Pub. L. 89281  756. Power to appoint  Whenever a majority of the district judges of any district court cannot agree upon the appointment of any officer of such court, the chief judge shall make such appointment. ( June 25, 1948, ch. 646 62 Stat. 923  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  375 ( Mar. 3, 1911, ch. 231,  260 36 Stat. 1161 Feb. 25, 1919 40 Stat. 1157 Mar. 1, 1929, ch. 419 45 Stat. 1422 May 11, 1944, ch. 192 58 Stat. 218 Only part of section 375 of title 28 The term chief judge was substituted for senior district judge. (See revisers note under section 136 of this title Minor changes in phraseology were made. [CHAPTER 50 OMITTED]  Editorial Notes Codification Chapter 50, consisting of sections 771 to 775, which was added by Pub. L. 95598, title II,  233(a) Nov. 6, 1978 92 Stat. 2665 section 402(b) of Pub. L. 95598 section 101 of Title 11 CHAPTER 51 UNITED STATES COURT OF FEDERAL CLAIMS    Sec.  791. Clerk.  [ 792 793. Repealed.]  794. Law clerks and secretaries.  795. Bailiffs and messengers.  796. Reporting of court proceedings.  797. Recall of retired judges.  798. Places of holding court; appointment of special masters.  Editorial Notes Amendments 1992 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 1984 Pub. L. 98620, title IV,  416(b) Nov. 8, 1984 98 Stat. 3364 1982 Pub. L. 97164, title I,  121(b) Apr. 2, 1982 96 Stat. 3436 1972 Pub. L. 92375,  1 Aug. 10, 1972 86 Stat. 529 1970 Pub. L. 91272,  15(b) June 2, 1970 84 Stat. 298 1954 Act Sept. 3, 1954, ch. 1263,  40 68 Stat. 1240  791. Clerk (a) The United States Court of Federal Claims may appoint a clerk, who shall be subject to removal by the court. The clerk, with the approval of the court, may appoint necessary deputies and employees in such numbers as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies and employees shall be subject to removal by the clerk with the approval of the court. (b) The clerk shall pay into the Treasury all fees, costs and other moneys collected by him. He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him. (c) On the first day of every regular session of Congress, the clerk shall transmit to Congress a full and complete statement of all the judgments rendered by the court during the previous year, showing the dates and amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were rendered, and a statement of the costs taxed in each case. ( June 25, 1948, ch. 646 62 Stat. 923 Pub. L. 97164, title I,  121(a) Apr. 2, 1982 96 Stat. 34 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  244, 248, 283a and 289 ( Mar. 3, 1911, ch. 231 36 Stat. 1136 June 10, 1921, ch. 18 42 Stat. 23 Mar. 3, 1933, ch. 212 47 Stat. 1519 May 10, 1934, ch. 277,  512(b) 48 Stat. 759 This section consolidates a part of sections 244 and 248 with sections 283a and 289, all of title 28, U.S.C., 1940 ed. Provisions in section 248 of title 28 section 415 of this title Certain provisions of section 244 of title 28 A provision in section 244 of title 28 section 951 of this title Word clerk was substituted for chief clerk to harmonize with such designation of clerks of all other courts. Provision that such officers shall be under the direction of the court in the performance of their duties was omitted as superfluous. Provision in section 244 of title 28 Section 289 of title 28 Words Director of the Administrative Office of the United States Courts were substituted for Attorney General, in view of the act of August 7, 1939, ch. 501,  6 53 Stat. 1226 As revised, this section is consistent with similar provisions as to clerks of district courts and the courts of appeals in chapters 47 and 49 of this title. Changes in phraseology were made. Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572 1982Subsec. (a). Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 [ 792. Repealed. Pub. L. 97164, title I,  121(b) Apr. 2, 1982 96 Stat. 34   Section, acts June 25, 1948, ch. 646 62 Stat. 923 July 28, 1953, ch. 253,  4(a) 67 Stat. 226 Sept. 3, 1954, ch. 1263,  41 68 Stat. 1240 Aug. 14, 1964 Pub. L. 88426, title IV,  403(h) 78 Stat. 434 Oct. 15, 1966 Pub. L. 89681,  3 80 Stat. 959 Dec. 16, 1967 Pub. L. 90206, title II,  213(e) 81 Stat. 635 Aug. 9, 1975 Pub. L. 9482, title II,  205(b)(7) 89 Stat. 423 July 20, 1977 Pub. L. 9569,  3 91 Stat. 274 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title [ 793. Repealed. July 28, 1953, ch. 253,  6 67 Stat. 226   Section, act June 25, 1948, ch. 646 62 Stat. 924  794. Law clerks and secretaries  The judges of the United States Court of Federal Claims may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve for district judges, subject to any limitation of the aggregate salaries of such employees which may be imposed by law. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. ( June 25, 1948, ch. 646 62 Stat. 924 Pub. L. 97164, title I,  121(c)(1) Apr. 2, 1982 96 Stat. 34 Pub. L. 100702, title X,  1003(a)(3) Nov. 19, 1988 102 Stat. 4665 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  270 ( Feb. 24, 1925, ch. 301,  2 43 Stat. 965 May 29, 1928, ch. 852,  711 45 Stat. 882 June 23, 1930, ch. 573,  1 46 Stat. 799 Oct. 16, 1941, ch. 443 55 Stat. 741 The first sentence of the revised section makes express provision for appointment of stenographers and necessary clerical employees. Other provisions of section 270 of title 28 Specific provision for $5 per diem for stenographers is omitted as unnecessary and inconsistent with section 962 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1988 Pub. L. 100702 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  795. Bailiffs and messengers  The chief judge of 1 1 ( June 25, 1948, ch. 646 62 Stat. 924 Pub. L. 97164, title I,  121(d)(1) Apr. 2, 1982 96 Stat. 35 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  244 ( Mar. 3, 1911, ch. 231,  139 36 Stat. 1136 The provision in section 244 of title 28 Term chief messenger in section 244 of title 28 A provision of section 244 of title 28 section 791 of this title section 956 of this title The second paragraph was added to conform with sections 713, 755, and 834 of this title. Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  796. Reporting of court proceedings  Subject to the approval of the United States Court of Federal Claims, the Director of the Administrative Office of the United States Courts is authorized to contract for the reporting of all proceedings had in open court, and in such contract to fix the terms and conditions under which such reporting services shall be performed, including the terms and conditions under which transcripts shall be supplied by the contractor to the court and to other persons, departments, and agencies. (Added Pub. L. 91272,  15(a) June 2, 1970 84 Stat. 298 Pub. L. 97164, title I,  121(e) Apr. 2, 1982 96 Stat. 35 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  797. Recall of retired judges (a) (1) Any judge of the United States Court of Federal Claims who has retired from regular active service under subchapter III of chapter 83, or chapter 84, of title 5 shall be known and designated as a senior judge and may perform duties as a judge when recalled pursuant to subsection (b) of this section. (2) Any judge of the Court of Federal Claims receiving an annuity under section 178(c) of this title (b) The chief judge of the Court of Federal Claims may, whenever he deems it advisable, recall any senior judge, with such judges consent, to perform such duties as a judge and for such period of time as the chief judge may specify. (c) Any senior judge performing duties pursuant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by section 171 of this title (d) Any senior judge, while performing duties pursuant to this section, shall be paid the same allowances for travel and other expenses as a judge in active service. Such senior judge shall also receive from the Court of Federal Claims supplemental pay in an amount sufficient, when added to his retirement annuity, to equal the salary of a judge in active service for the same period or periods of time. Such supplemental pay shall be paid in the same manner as the salary of a judge. (Added Pub. L. 92375,  2 Aug. 10, 1972 86 Stat. 529 Pub. L. 97164, title I,  121(f)(1) Apr. 2, 1982 96 Stat. 35 Pub. L. 99651, title II,  202(c) Nov. 14, 1986 100 Stat. 3648 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516 Pub. L. 106518, title III,  308 Nov. 13, 2000 114 Stat. 2419  Editorial Notes Amendments 2000Subsec. (a). Pub. L. 106518 1992Subsec. (a). Pub. L. 102572,  902(a)(1) Subsec. (b). Pub. L. 102572,  902(a)(2) Subsec. (d). Pub. L. 102572 1986Subsec. (a). Pub. L. 99651 1982 Pub. L. 97164 Subsec. (a). Pub. L. 97164 Subsec. (b). Pub. L. 97164 Subsec. (c). Pub. L. 97164 section 171 of this title section 792 of this title Subsec. (d). Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1986 Amendment Amendment by Pub. L. 99651 Jan. 1, 1987 section 203 of Pub. L. 99651 section 155 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  798. Places of holding court; appointment of special masters (a) The United States Court of Federal Claims is authorized to use facilities and hold court in Washington, District of Columbia, and throughout the United States (including its territories and possessions) as necessary for compliance with sections 173 and 2503(c) of this title. The facilities of the Federal courts, as well as other comparable facilities administered by the General Services Administration, shall be made available for trials and other proceedings outside of the District of Columbia. (b) Upon application of a party or upon the judges own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge of the Court of Federal Claims may issue an order authorizing a judge of the court to conduct proceedings, including evidentiary hearings and trials, in a foreign country whose laws do not prohibit such proceedings, except that an interlocutory appeal may be taken from such an order pursuant to section 1292(d)(2) of this title (c) The chief judge of the Court of Federal Claims may appoint special masters to assist the court in carrying out its functions. Any special masters so appointed shall carry out their responsibilities and be compensated in accordance with procedures set forth in the rules of the court. (Added Pub. L. 98620, title IV,  416(a) Nov. 8, 1984 98 Stat. 3364 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 45164518  Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572,  906(a) Subsec. (b). Pub. L. 102572,  906(b)(2) Subsec. (c). Pub. L. 102572 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title [CHAPTER 53 REPEALED] [ 831 to 834. Repealed. Pub. L. 97164, title I,  122(a) Apr. 2, 1982 96 Stat. 36   Section 831, act June 25, 1948, ch. 646 62 Stat. 924  Section 832, acts June 25, 1948, ch. 646 62 Stat. 924 May 24, 1949, ch. 139,  76 63 Stat. 101  Section 833, act June 25, 1948, ch. 646 62 Stat. 925  Section 834, act June 25, 1948, ch. 646 62 Stat. 925 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 55 COURT OF INTERNATIONAL TRADE    Sec.  871. Clerk, chief deputy clerk, assistant clerk, deputies, assistants, and other employees.  872. Criers, bailiffs, and messengers.  Editorial Notes Amendments 1986 Pub. L. 99466,  3(b)(3) Oct. 14, 1986 100 Stat. 1191 1980 Pub. L. 96417, title V,  501(16) Oct. 10, 1980 94 Stat. 1742 1959 Pub. L. 86243,  1 Sept. 9, 1959 73 Stat. 474 1949 Act May 24, 1949, ch. 139,  77 63 Stat. 101  871. Clerk, chief deputy clerk, assistant clerk, deputies, assistants, and other employees  The Court of International Trade may appoint a clerk, a chief deputy clerk, an assistant clerk, deputy clerks, and such deputies, assistants, and other employees as may be necessary for the effective dispatch of the business of the court, who shall be subject to removal by the court. ( June 25, 1948, ch. 646 62 Stat. 925 Pub. L. 86243,  1 Sept. 9, 1959 73 Stat. 474 Pub. L. 96417, title V,  501(17) Oct. 10, 1980 94 Stat. 1742  Historical and Revision Notes Based on section 6 of title 19 May 4, 1923, ch. 251,  2 42 Stat. 1453 Jan. 13, 1925, ch. 76 43 Stat. 748 May 28, 1926, ch. 411,  1 44 Stat. 669 June 17, 1930, ch. 497 46 Stat. 737 Section is based on the last two sentences of section 6 of title 19 section 446 of title 28 section 604 of this title section 253 of this title May 29, 1936 Changes were made in phraseology. Editorial Notes Amendments 1980 Pub. L. 96417 1959 Pub. L. 86243 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Savings Provision Pub. L. 86243,  4 Sept. 9, 1959 73 Stat. 474 Nothing contained in the amendments made by this Act [enacting section 873 and amending this section and sections 253, 550, and 872 of this title] shall be construed to deprive any person serving on the date of enactment of this Act [ Sept. 9, 1959  872. Criers, bailiffs, and messengers  The Court of International Trade may appoint such criers as it may require for said court, which criers shall also perform the duties of bailiffs and messengers and such other duties as the court directs and shall be subject to removal by the court. (Added Pub. L. 86243,  1 Sept. 9, 1959 73 Stat. 474 Pub. L. 96417, title V,  501(19) Oct. 10, 1980 94 Stat. 1742 Pub. L. 99466,  3(b)(2) Oct. 14, 1986 100 Stat. 1191  Editorial Notes Prior Provisions A prior section 872, acts June 25, 1948, ch. 646 62 Stat. 925 May 24, 1949, ch. 139,  78 63 Stat. 101 Sept. 9, 1959 Pub. L. 86243,  1 73 Stat. 474 Oct. 10, 1980 Pub. L. 96417, title V,  501(18) 94 Stat. 1742 Pub. L. 99466 Oct. 14, 1986 100 Stat. 1191 Oct. 14, 1986 Amendments 1986 Pub. L. 99466 section 873 of this title 1980 Pub. L. 96417 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Savings Provision Enactment of section by Pub. L. 86243 section 4 of Pub. L. 86243 section 871 of this title [ 873. Renumbered  872] CHAPTER 57 GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES    Sec.  951. Oath of office of clerks and deputies.  [ 952. Repealed.]  953. Administration of oaths and acknowledgments.  954. Vacancy in clerk position; absence of clerk.  955. Practice of law restricted.  956. Powers and duties of clerks and deputies.  957. Clerks ineligible for certain offices.  958. Persons ineligible as receivers.  959. Trustees and receivers suable; management; State laws.  960. Tax liability.  961. Office expenses of clerks.  [ 962. Repealed.]  963. Courts defined.  Senate Revision Amendment This chapter was renumbered 57, but without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1996 Pub. L. 104317, title II,  204(b) Oct. 19, 1996 110 Stat. 3850 1972 Pub. L. 92310, title II,  206(e)(2) June 6, 1972 86 Stat. 203 1968 Pub. L. 90623,  4 Oct. 22, 1968 82 Stat. 1315 1949 Act May 24, 1949, ch. 139,  78a 63 Stat. 101  951. Oath of office of clerks and deputies  Each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: I, ___ ___, having been appointed ___, do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God. ( June 25, 1948, ch. 646 62 Stat. 925  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  512 (R.S.,  794; Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Section 512 of title 28 This section is applicable to the Supreme Court and to all courts established by act of Congress. The last sentence of section 512 of title 28 section 453 of this title Minor changes were made in phraseology. [ 952. Repealed. Pub. L. 92310, title II,  206(e)(1) June 6, 1972 86 Stat. 203   Section, act June 25, 1948, ch. 646 62 Stat. 926  953. Administration of oaths and acknowledgments  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 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 36 Stat. 1139 Feb. 10, 1939, ch. 2,  1114(a) 53 Stat. 160 Oct. 21, 1942, ch. 619 56 Stat. 957 Feb. 25, 1944, ch. 63 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 As respects acknowledgments, sections 264, 523 and 525 of title 28, U.S.C., 1940 ed., and section 11402 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 section 525 of title 28 act of June 6, 1900, ch. 786,  7 31 Stat. 324 section 106 of title 48 Provisions of section 525 of title 28 section 637 of this title Provisions of section 264 of title 28 section 1114(a) of title 26 section 459 of this title section 1114(a) of title 26 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  954. Vacancy in clerk position; absence of clerk  When the office of clerk is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office. When the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform the duties of the clerk in the name of the clerk. The court may designate a deputy clerk to act temporarily as clerk of the court in his or her own name. ( June 25, 1948, ch. 646 62 Stat. 926 Pub. L. 92310, title II,  206(f) June 6, 1972 86 Stat. 203 Pub. L. 104317, title II,  204(a) Oct. 19, 1996 110 Stat. 3850  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  8, 222 and 327 ( Mar. 3, 1911, ch. 231 36 Stat. 1087 Section consolidates parts of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed. Sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., related only to district courts, courts of appeals and the Supreme Court, respectively. This section applies to all Federal courts and is in conformity with section 548 [546] of this title relating to death of a United States marshal. The provision for continuance of the salary of the clerk of the Supreme Court until his successor is appointed and qualifies was inserted to preserve existing law as declared in the unpublished opinion of Chief Justice Taft, March 23, 1932 Other provisions of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., are incorporated in sections 671, 711, and 751 of this title. Editorial Notes Amendments 1996 Pub. L. 104317 Upon the death of any clerk of court, his deputy or deputies shall execute the duties of the deceased clerk in his name until his successor is appointed and qualifies. The compensation of a deceased clerk of the Supreme Court may be paid to his personal representatives until his successor is appointed and qualifies. 1972 Pub. L. 92310  955. Practice of law restricted  The clerk of each court and his deputies and assistants shall not practice law in any court of the United States. ( June 25, 1948, ch. 646 62 Stat. 926  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  395 and 396 ( Mar. 3, 1911, ch. 231 36 Stat. 1164 Section consolidates parts of sections 395 and 396 of title 28, U.S.C., 1940 ed. The remainder, relating to United States marshals and their deputies, is incorporated in section 556 of this title Sections 395 and 396 of title 28, U.S.C., 1940 ed., have been extended to include all clerks, deputies, and assistants. The revised section substitutes as simpler and more appropriate, the prohibition against practice of law in any court of the United States. (See revisers note under section 556 of this title For explanation of provisions omitted from sections 395 and 396 of title 28, U.S.C., 1940 ed., also see revisers note under section 556 of this title Changes in phraseology were made.  956. Powers and duties of clerks and deputies  The clerk of each court and his deputies and assistants shall exercise the powers and perform the duties assigned to them by the court. ( June 25, 1948, ch. 646 62 Stat. 926  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  221, 244, 304 and 305 ( Mar. 3, 1911, ch. 231 36 Stat. 1132 June 16, 1930, ch. 494 46 Stat. 589 This section contains only a part of sections 221, 244, 304 and 305 of title 28, U.S.C., 1940 ed. The other provisions of such sections are incorporated in sections 604, 711, 831, 833, 834, 957 and 1926 of this title. Sections 221, 244, 304 and 305 of title 28, U.S.C., 1940 ed., related to the clerks of the circuit courts of appeals, the Court of Claims and the Court of Customs and Patent Appeals. The phrase assigned to them by the court was substituted for the indefinite provision of section 221 of title 28 This section is new insofar as it affects the Clerk of the Supreme Court and clerks of the district courts and the Customs Court. Existing law does not prescribe the powers and duties of those clerks. The duties of the clerk of the Customs Court have been prescribed by the rules of such court adopted May 29, 1936 Changes were made in phraseology.  957. Clerks ineligible for certain offices  A clerk of a court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment. ( June 25, 1948, ch. 646 62 Stat. 926 Pub. L. 95598, title II,  234 Nov. 6, 1978 92 Stat. 2667 Pub. L. 97164, title I,  122(b) Apr. 2, 1982 96 Stat. 36 Pub. L. 98353, title I,  109 July 10, 1984 98 Stat. 342  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  127, 304 ( Mar. 3, 1911, ch. 231 36 Stat. 1105 Section consolidates section 127 with part of 304 of title 28, U.S.C., 1940 ed. Provisions of section 304 of title 28 Appointment and compensation of masters for district courts, see Rule 53(a) of the Federal Rules of Civil Procedure. The words commissioner and referee did not appear in section 127 of title 28 Words by the court or any judge thereof in section 304 of title 28 Words or assistant clerks and in any case were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks. Minor changes were made in phraseology. Editorial Notes Amendments 1984 Pub. L. 98353 1982 Pub. L. 97164 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  958. Persons ineligible as receivers  A person holding any civil or military office or employment under the United States or employed by any justice or judge of the United States shall not at the same time be appointed a receiver in any case in any court of the United States. ( June 25, 1948, ch. 646 62 Stat. 926  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  527 ( May 28, 1896, ch. 252,  20 29 Stat. 184 Dec. 28, 1945, ch. 592 59 Stat. 659 Provisions of section 527 of title 28 section 631 of this title The general language of the revised section was substituted for the provisions of section 527 of title 28 The exception of Alaska by reference to  section 591 of this title section 527 of title 28 section 451 of this title Changes in phraseology were made.  959. Trustees and receivers suable; management; State laws (a) Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury. (b) Except as provided in section 1166 of title 11 ( June 25, 1948, ch. 646 62 Stat. 926 Pub. L. 95598, title II,  235 Nov. 6, 1978 92 Stat. 2667  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  124, 125 ( Mar. 3, 1911, ch. 231 36 Stat. 1104 Section consolidates part of section 124 of title 28 section 1911 of Title 18 Section was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of section 125 of title 28 Vany v. Receiver of Toledo, St. L. and K.C. R.R. Co Changes in phraseology were made. Editorial Notes Amendments 1978Subsec. (b). Pub. L. 95598 section 1166 of title 11 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11  960. Tax liability (a) Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an individual or corporation. (b) A tax under subsection (a) shall be paid on or before the due date of the tax under applicable nonbankruptcy law, unless (1) the tax is a property tax secured by a lien against property that is abandoned under section 554 of title 11 (2) payment of the tax is excused under a specific provision of title 11. (c) In a case pending under chapter 7 of title 11, payment of a tax may be deferred until final distribution is made under section 726 of title 11 (1) the tax was not incurred by a trustee duly appointed or elected under chapter 7 of title 11; or (2) before the due date of the tax, an order of the court makes a finding of probable insufficiency of funds of the estate to pay in full the administrative expenses allowed under section 503(b) of title 11 section 726(b) of title 11 ( June 25, 1948, ch. 646 62 Stat. 927 Pub. L. 1098, title VII,  712(a) Apr. 20, 2005 119 Stat. 127  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  124a ( June 18, 1934, ch. 585 48 Stat. 993 A proviso in section 124a of title 28 References in section 124a of title 28 Word Federal was added before State in recognition of the liability of such officers for Federal taxes under the revenue laws. Changes in phraseology were made. Editorial Notes Amendments 2005 Pub. L. 1098 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11  961. Office expenses of clerks  Each clerk of court shall be allowed his necessary office expenses when authorized by the Director of the Administrative Office of the United States Courts. ( June 25, 1948, ch. 646 62 Stat. 927  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  544, 563 ( Mar. 3, 1891, ch. 517,  2 26 Stat. 826 Feb. 26, 1919, ch. 49,  5 40 Stat. 1182 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 June 1, 1922, ch. 204 42 Stat. 616 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1936, ch. 804 49 Stat. 1921 Section consolidates parts of sections 544 and 563 of title 28, U.S.C., 1940 ed. For remainder of such sections, see Distribution Table. Changes were made in phraseology. [ 962. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 663   Section, act June 25, 1948, ch. 646 62 Stat. 927  963. Courts defined  As used in this chapter, unless the context indicates otherwise, the words court and courts include the Supreme Court of the United States and the courts enumerated in section 610 of this title ( June 25, 1948, ch. 646 62 Stat. 927  Historical and Revision Notes This section was included to embrace the Supreme Court and all courts under the supervision of the Administrative Office of the United States Courts. See section 610 of this title CHAPTER 58 UNITED STATES SENTENCING COMMISSION    Sec.  991. United States Sentencing Commission; establishment and purposes.  992. Terms of office; compensation.  993. Powers and duties of Chair.  994. Duties of the Commission.  995. Powers of the Commission.  996. Director and staff.  997. Annual report.  998. Definitions.  Editorial Notes Amendments 1994 Pub. L. 103322, title XXVIII,  280005(c)(1) Sept. 13, 1994 108 Stat. 2097  991. United States Sentencing Commission; establishment and purposes (a) There is established as an independent commission in the judicial branch of the United States a United States Sentencing Commission which shall consist of seven voting members and one nonvoting member. The President, after consultation with representatives of judges, prosecuting attorneys, defense attorneys, law enforcement officials, senior citizens, victims of crime, and others interested in the criminal justice process, shall appoint the voting members of the Commission, by and with the advice and consent of the Senate, one of whom shall be appointed, by and with the advice and consent of the Senate, as the Chair and three of whom shall be designated by the President as Vice Chairs. At least 3 of the members shall be Federal judges selected after considering a list of six judges recommended to the President by the Judicial Conference of the United States. Not more than four of the members of the Commission shall be members of the same political party, and of the three Vice Chairs, no more than two shall be members of the same political party. The Attorney General, or the Attorney Generals designee, shall be an ex officio, nonvoting member of the Commission. The Chair, Vice Chairs, and members of the Commission shall be subject to removal from the Commission by the President only for neglect of duty or malfeasance in office or for other good cause shown. (b) The purposes of the United States Sentencing Commission are to (1) establish sentencing policies and practices for the Federal criminal justice system that (A) assure the meeting of the purposes of sentencing as set forth in section 3553(a)(2) of title 18 (B) provide certainty and fairness in meeting the purposes of sentencing, avoiding unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct while maintaining sufficient flexibility to permit individualized sentences when warranted by mitigating or aggravating factors not taken into account in the establishment of general sentencing practices; and (C) reflect, to the extent practicable, advancement in knowledge of human behavior as it relates to the criminal justice process; and (2) develop means of measuring the degree to which the sentencing, penal, and correctional practices are effective in meeting the purposes of sentencing as set forth in section 3553(a)(2) of title 18 (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2017 Pub. L. 9922,  1(1) Apr. 15, 1985 99 Stat. 46 Pub. L. 103322, title XXVIII,  280005(a) Sept. 13, 1994 108 Stat. 2096 Pub. L. 104294, title VI,  604(b)(11) Oct. 11, 1996 110 Stat. 3507 Pub. L. 10821, title IV,  401(n)(1) Apr. 30, 2003 117 Stat. 675 Pub. L. 110406,  16 Oct. 13, 2008 122 Stat. 4295  Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110406 2003Subsec. (a). Pub. L. 10821 1996Subsec. (a). Pub. L. 104294 Pub. L. 103322 1994Subsec. (a). Pub. L. 103322,  280005(c)(1) Pub. L. 103322,  280005(a) Pub. L. 104294 1985Subsec. (a). Pub. L. 9922 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Pub. L. 10821, title IV,  401(n)(2) Apr. 30, 2003 117 Stat. 676 The amendment made under paragraph (1) [amending this section] shall not apply to any person who is serving, or who has been nominated to serve, as a member of the Sentencing Commission on the date of enactment of this Act [ Apr. 30, 2003 Effective Date of 1996 Amendment Amendment by Pub. L. 104294 Sept. 13, 1994 section 604(d) of Pub. L. 104294 section 13 of Title 18 Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 Composition of Members of Commission During First Five-Year Period For provisions directing that, notwithstanding the provisions of this section, during the five-year period following Oct. 12, 1984 section 235(b)(5) of Pub. L. 98473 section 3551 of Title 18  992. Terms of office; compensation (a) The voting members of the United States Sentencing Commission shall be appointed for six-year terms, except that the initial terms of the first members of the Commission shall be staggered so that (1) two members, including the Chair, serve terms of six years; (2) three members serve terms of four years; and (3) two members serve terms of two years. (b) (1) Subject to paragraph (2) (A) no voting member of the Commission may serve more than two full terms; and (B) a voting member appointed to fill a vacancy that occurs before the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. (2) A voting member of the Commission whose term has expired may continue to serve until the earlier of (A) the date on which a successor has taken office; or (B) the date on which the Congress adjourns sine die to end the session of Congress that commences after the date on which the members term expired. (c) The Chair and Vice Chairs of the Commission shall hold full-time positions and shall be compensated during their terms of office at the annual rate at which judges of the United States courts of appeals are compensated. The voting members of the Commission, other than the Chair and Vice Chairs, shall hold full-time positions until the end of the first six years after the sentencing guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, and shall be compensated at the annual rate at which judges of the United States courts of appeals are compensated. Thereafter, the voting members of the Commission, other than the Chair and Vice Chairs,, 1 1 (d) Sections 44(c) and 134(b) of this title (relating to the residence of judges) do not apply to any judge holding a full-time position on the Commission under subsection (c) of this section. (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2018 Pub. L. 99646 Nov. 10, 1986 100 Stat. 3592 Pub. L. 102349,  1 Aug. 26, 1992 106 Stat. 933 Pub. L. 103322, title XXVIII,  280005(b) Sept. 13, 1994 108 Stat. 2096  Editorial Notes  References in Text Section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, referred to in subsec. (c), is section 235(a)(1)(B)(ii) of Pub. L. 98473 section 3551 of Title 18 Amendments 1994Subsec. (a)(1). Pub. L. 103322,  280005(c)(1) Subsec. (c). Pub. L. 103322,  280005(b) 1992Subsec. (b). Pub. L. 102349 1986Subsec. (c). Pub. L. 99646,  4 Subsec. (d). Pub. L. 99646,  6(a) Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 Commencement of Terms of First Members of Commission For provisions directing that, for purposes of subsec. (a) of this section, the terms of the first members of the United States Sentencing Commission shall not begin to run until the sentencing guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of Pub. L. 98473 section 235(a)(2) of Pub. L. 98473 section 3551 of Title 18  993. Powers and duties of Chair The Chair shall (a) call and preside at meetings of the Commission, which shall be held for at least two weeks in each quarter after the members of the Commission hold part-time positions; and (b) direct (1) the preparation of requests for appropriations for the Commission; and (2) the use of funds made available to the Commission. (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2019 Pub. L. 9922,  1(2) Apr. 15, 1985 99 Stat. 46 Pub. L. 99646,  5 Nov. 10, 1986 100 Stat. 3592 Pub. L. 103322, title XXVIII,  280005(c)(1) Sept. 13, 1994 108 Stat. 2097  Editorial Notes Amendments 1994 Pub. L. 103322 1986Subsec. (b)(2). Pub. L. 99646 1985Subsec. (b)(2). Pub. L. 9922 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18  994. Duties of the Commission (a) The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System (1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including (A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment; (B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; (C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; (D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and (E) a determination under paragraphs (6) and (11) 1 1 section 3563(b) of title 18 (2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in section 3553(a)(2) of title 18 (A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; (B) the conditions of probation and supervised release set forth in sections 3563(b) and 3583(d) of title 18; (C) the sentence modification provisions set forth in sections 3563(c), 3564, 3573, and 3582(c) of title 18; (D) the fine imposition provisions set forth in section 3572 of title 18 (E) the authority granted under rule 11(e)(2) of the Federal Rules of Criminal Procedure to accept or reject a plea agreement entered into pursuant to rule 11(e)(1); and (F) the temporary release provisions set forth in section 3622 of title 18 section 3624(c) of title 18 (3) guidelines or general policy statements regarding the appropriate use of the provisions for revocation of probation set forth in section 3565 of title 18 section 3583(e) of title 18 (b) (1) The Commission, in the guidelines promulgated pursuant to subsection (a)(1), shall, for each category of offense involving each category of defendant, establish a sentencing range that is consistent with all pertinent provisions of title 18, United States Code. (2) If a sentence specified by the guidelines includes a term of imprisonment, the maximum of the range established for such a term shall not exceed the minimum of that range by more than the greater of 25 percent or 6 months, except that, if the minimum term of the range is 30 years or more, the maximum may be life imprisonment. (c) The Commission, in establishing categories of offenses for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised release, or imprisonment, shall consider whether the following matters, among others, have any relevance to the nature, extent, place of service, or other incidents 2 2 (1) the grade of the offense; (2) the circumstances under which the offense was committed which mitigate or aggravate the seriousness of the offense; (3) the nature and degree of the harm caused by the offense, including whether it involved property, irreplaceable property, a person, a number of persons, or a breach of public trust; (4) the community view of the gravity of the offense; (5) the public concern generated by the offense; (6) the deterrent effect a particular sentence may have on the commission of the offense by others; and (7) the current incidence of the offense in the community and in the Nation as a whole. (d) The Commission in establishing categories of defendants for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised release, or imprisonment, shall consider whether the following matters, among others, with respect to a defendant, have any relevance to the nature, extent, place of service, or other incidents 2 (1) age; (2) education; (3) vocational skills; (4) mental and emotional condition to the extent that such condition mitigates the defendants culpability or to the extent that such condition is otherwise plainly relevant; (5) physical condition, including drug dependence; (6) previous employment record; (7) family ties and responsibilities; (8) community ties; (9) role in the offense; (10) criminal history; and (11) degree of dependence upon criminal activity for a livelihood. The Commission shall assure that the guidelines and policy statements are entirely neutral as to the race, sex, national origin, creed, and socioeconomic status of offenders. (e) The Commission shall assure that the guidelines and policy statements, in recommending a term of imprisonment or length of a term of imprisonment, reflect the general inappropriateness of considering the education, vocational skills, employment record, family ties and responsibilities, and community ties of the defendant. (f) The Commission, in promulgating guidelines pursuant to subsection (a)(1), shall promote the purposes set forth in section 991(b)(1), with particular attention to the requirements of subsection 991(b)(1)(B) for providing certainty and fairness in sentencing and reducing unwarranted sentence disparities. (g) The Commission, in promulgating guidelines pursuant to subsection (a)(1) to meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18 (h) The Commission shall assure that the guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized for categories of defendants in which the defendant is eighteen years old or older and (1) has been convicted of a felony that is (A) a crime of violence; or (B) an offense described in section 401 of the Controlled Substances Act ( 21 U.S.C. 841 21 U.S.C. 952(a) (2) has previously been convicted of two or more prior felonies, each of which is (A) a crime of violence; or (B) an offense described in section 401 of the Controlled Substances Act ( 21 U.S.C. 841 21 U.S.C. 952(a) (i) The Commission shall assure that the guidelines specify a sentence to a substantial term of imprisonment for categories of defendants in which the defendant (1) has a history of two or more prior Federal, State, or local felony convictions for offenses committed on different occasions; (2) committed the offense as part of a pattern of criminal conduct from which the defendant derived a substantial portion of the defendants income; (3) committed the offense in furtherance of a conspiracy with three or more persons engaging in a pattern of racketeering activity in which the defendant participated in a managerial or supervisory capacity; (4) committed a crime of violence that constitutes a felony while on release pending trial, sentence, or appeal from a Federal, State, or local felony for which he was ultimately convicted; or (5) committed a felony that is set forth in section 401 or 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 841 (j) The Commission shall insure that the guidelines reflect the general appropriateness of imposing a sentence other than imprisonment in cases in which the defendant is a first offender who has not been convicted of a crime of violence or an otherwise serious offense, and the general appropriateness of imposing a term of imprisonment on a person convicted of a crime of violence that results in serious bodily injury. (k) The Commission shall insure that the guidelines reflect the inappropriateness of imposing a sentence to a term of imprisonment for the purpose of rehabilitating the defendant or providing the defendant with needed educational or vocational training, medical care, or other correctional treatment. (l) The Commission shall insure that the guidelines promulgated pursuant to subsection (a)(1) reflect (1) the appropriateness of imposing an incremental penalty for each offense in a case in which a defendant is convicted of (A) multiple offenses committed in the same course of conduct that result in the exercise of ancillary jurisdiction over one or more of the offenses; and (B) multiple offenses committed at different times, including those cases in which the subsequent offense is a violation of section 3146 (penalty for failure to appear) or is committed while the person is released pursuant to the provisions of section 3147 (penalty for an offense committed while on release) of title 18; and (2) the general inappropriateness of imposing consecutive terms of imprisonment for an offense of conspiring to commit an offense or soliciting commission of an offense and for an offense that was the sole object of the conspiracy or solicitation. (m) The Commission shall insure that the guidelines reflect the fact that, in many cases, current sentences do not accurately reflect the seriousness of the offense. This will require that, as a starting point in its development of the initial sets of guidelines for particular categories of cases, the Commission ascertain the average sentences imposed in such categories of cases prior to the creation of the Commission, and in cases involving sentences to terms of imprisonment, the length of such terms actually served. The Commission shall not be bound by such average sentences, and shall independently develop a sentencing range that is consistent with the purposes of sentencing described in section 3553(a)(2) of title 18 (n) The Commission shall assure that the guidelines reflect the general appropriateness of imposing a lower sentence than would otherwise be imposed, including a sentence that is lower than that established by statute as a minimum sentence, to take into account a defendants substantial assistance in the investigation or prosecution of another person who has committed an offense. (o) The Commission periodically shall review and revise, in consideration of comments and data coming to its attention, the guidelines promulgated pursuant to the provisions of this section. In fulfilling its duties and in exercising its powers, the Commission shall consult with authorities on, and individual and institutional representatives of, various aspects of the Federal criminal justice system. The United States Probation System, the Bureau of Prisons, the Judicial Conference of the United States, the Criminal Division of the United States Department of Justice, and a representative of the Federal Public Defenders shall submit to the Commission any observations, comments, or questions pertinent to the work of the Commission whenever they believe such communication would be useful, and shall, at least annually, submit to the Commission a written report commenting on the operation of the Commissions guidelines, suggesting changes in the guidelines that appear to be warranted, and otherwise assessing the Commissions work. (p) The Commission, at or after the beginning of a regular session of Congress, but not later than the first day of May, may promulgate under subsection (a) of this section and submit to Congress amendments to the guidelines and modifications to previously submitted amendments that have not taken effect, including modifications to the effective dates of such amendments. Such an amendment or modification shall be accompanied by a statement of the reasons therefor and shall take effect on a date specified by the Commission, which shall be no earlier than 180 days after being so submitted and no later than the first day of November of the calendar year in which the amendment or modification is submitted, except to the extent that the effective date is revised or the amendment is otherwise modified or disapproved by Act of Congress. (q) The Commission and the Bureau of Prisons shall submit to Congress an analysis and recommendations concerning maximum utilization of resources to deal effectively with the Federal prison population. Such report shall be based upon consideration of a variety of alternatives, including (1) modernization of existing facilities; (2) inmate classification and periodic review of such classification for use in placing inmates in the least restrictive facility necessary to ensure adequate security; and (3) use of existing Federal facilities, such as those currently within military jurisdiction. (r) The Commission, not later than two years after the initial set of sentencing guidelines promulgated under subsection (a) goes into effect, and thereafter whenever it finds it advisable, shall recommend to the Congress that it raise or lower the grades, or otherwise modify the maximum penalties, of those offenses for which such an adjustment appears appropriate. (s) The Commission shall give due consideration to any petition filed by a defendant requesting modification of the guidelines utilized in the sentencing of such defendant, on the basis of changed circumstances unrelated to the defendant, including changes in (1) the community view of the gravity of the offense; (2) the public concern generated by the offense; and (3) the deterrent effect particular sentences may have on the commission of the offense by others. (t) The Commission, in promulgating general policy statements regarding the sentencing modification provisions in section 3582(c)(1)(A) of title 18 (u) If the Commission reduces the term of imprisonment recommended in the guidelines applicable to a particular offense or category of offenses, it shall specify in what circumstances and by what amount the sentences of prisoners serving terms of imprisonment for the offense may be reduced. (v) The Commission shall ensure that the general policy statements promulgated pursuant to subsection (a)(2) include a policy limiting consecutive terms of imprisonment for an offense involving a violation of a general prohibition and for an offense involving a violation of a specific prohibition encompassed within the general prohibition. (w) (1) The Chief Judge of each district court shall ensure that, within 30 days following entry of judgment in every criminal case, the sentencing court submits to the Commission, in a format approved and required by the Commission, a written report of the sentence, the offense for which it is imposed, the age, race, sex of the offender, and information regarding factors made relevant by the guidelines. The report shall also include (A) the judgment and commitment order; (B) the written statement of reasons for the sentence imposed (which shall include the reason for any departure from the otherwise applicable guideline range and which shall be stated on the written statement of reasons form issued by the Judicial Conference and approved by the United States Sentencing Commission); (C) any plea agreement; (D) the indictment or other charging document; (E) the presentence report; and (F) any other information as the Commission finds appropriate. The information referred to in subparagraphs (A) through (F) shall be submitted by the sentencing court in a format approved and required by the Commission. (2) The Commission shall, upon request, make available to the House and Senate Committees on the Judiciary, the written reports and all underlying records accompanying those reports described in this section, as well as other records received from courts. (3) The Commission shall submit to Congress at least annually an analysis of these documents, any recommendations for legislation that the Commission concludes is warranted by that analysis, and an accounting of those districts that the Commission believes have not submitted the appropriate information and documents required by this section. (4) The Commission shall make available to the Attorney General, upon request, such data files as the Commission itself may assemble or maintain in electronic form as a result of the information submitted under paragraph (1). Such data files shall be made available in electronic form and shall include all data fields requested, including the identity of the sentencing judge. (x) The provisions of section 553 of title 5 (y) The Commission, in promulgating guidelines pursuant to subsection (a)(1), may include, as a component of a fine, the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered. (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2019 Pub. L. 99217,  3 Dec. 26, 1985 99 Stat. 1728 Pub. L. 99363,  2 July 11, 1986 100 Stat. 770 Pub. L. 99570, title I Oct. 27, 1986 100 Stat. 32077 Pub. L. 99646 Nov. 10, 1986 100 Stat. 3592 Pub. L. 100182 Dec. 7, 1987 101 Stat. 1269 Pub. L. 100690, title VII Nov. 18, 1988 102 Stat. 4408 Pub. L. 103322, title II,  20403(b) Sept. 13, 1994 108 Stat. 1825 Pub. L. 10821, title IV,  401(h) Apr. 30, 2003 117 Stat. 672 Pub. L. 109177, title VII,  735 Mar. 9, 2006 120 Stat. 271 Pub. L. 109304,  17(f)(1) Oct. 6, 2006 120 Stat. 1708  Editorial Notes  References in Text Paragraphs (6) and (11) of section 3563(b) of title 18 Pub. L. 104132, title II,  203(2)(B) Apr. 24, 1996 110 Stat. 1227 The Federal Rules of Criminal Procedure, referred to in subsec. (a)(2)(E), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. Amendments 2006Subsec. (h)(1)(B), (2)(B). Pub. L. 109304 Subsec. (w)(1). Pub. L. 109177,  735(1)(A) Subsec. (w)(1)(B). Pub. L. 109177,  735(1)(B) Subsec. (w)(4). Pub. L. 109177,  735(2) 2003Subsec. (a). Pub. L. 10821,  401(k) Subsec. (w). Pub. L. 10821,  401(h) 1994Subsec. (h)(1)(B), (2)(B). Pub. L. 103322,  330003(f)(1) section 1 of the Act of September 15, 1980 21 U.S.C. 955a Subsec. (i)(2). Pub. L. 103322,  280005(c)(4) Subsec. (y). Pub. L. 103322,  20403(b) 1988Subsec. (a)(1)(E). Pub. L. 100690,  7103(b) Subsec. (n). Pub. L. 100690,  7083 Subsec. (p). Pub. L. 100690,  7109 1987Subsec. (r). Pub. L. 100182,  23(a) Subsec. (s). Pub. L. 100182,  23(b) Subsec. (w). Pub. L. 100182,  16(b) 1986Subsec. (a)(2)(C). Pub. L. 99363,  2(1)(B) Subsec. (a)(2)(D) to (F). Pub. L. 99363,  2(1)(A) Subsec. (a)(3). Pub. L. 99570,  1006(b) Pub. L. 99363,  2(2) section 3565 of title 18 Subsec. (b). Pub. L. 99363,  2(3) Subsec. (b)(2). Pub. L. 99646,  56 Subsec. (h). Pub. L. 99646,  6(b)(1) section 3581(b) of title 18 Subsec. (i). Pub. L. 99646,  6(b)(2) Subsecs. (n) to (t). Pub. L. 99570,  1008(1) o Subsec. (u). Pub. L. 99646,  6(b)(3) Pub. L. 99570 Pub. L. 99570,  1008(2) Subsecs. (v) to (x). Pub. L. 99570,  1008(2) 1985Subsec. (q). Pub. L. 99217 Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100182 Dec. 7, 1987 section 26 of Pub. L. 100182 section 3006A of Title 18 Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Pub. L. 117159, div. A, title II,  12004(a)(5) June 25, 2022 136 Stat. 1328 Pub. L. 112269,  3 Jan. 14, 2013 126 Stat. 2442 Pub. L. 112206,  3(b) Dec. 7, 2012 126 Stat. 1492 Pub. L. 112186,  7 Oct. 5, 2012 126 Stat. 1430 Pub. L. 112144, title VII,  717(b) July 9, 2012 126 Stat. 1076 Pub. L. 111273,  4 Oct. 12, 2010 124 Stat. 2860 Pub. L. 111220 Aug. 3, 2010 124 Stat. 2373 Pub. L. 111203, title X,  1079A(a) July 21, 2010 124 Stat. 2077 Pub. L. 111148, title X,  10606(a) Mar. 23, 2010 124 Stat. 1006 Pub. L. 110457, title II,  222(g) Dec. 23, 2008 122 Stat. 5071 Pub. L. 110425,  3(k)(2) Oct. 15, 2008 122 Stat. 4833 Pub. L. 110407, title I,  103 Oct. 13, 2008 122 Stat. 4298 Pub. L. 110384 Oct. 10, 2008 122 Stat. 4094 Pub. L. 110326, title II,  209 Sept. 26, 2008 122 Stat. 3564 Pub. L. 110179,  5 Jan. 7, 2008 121 Stat. 2557 Pub. L. 110177, title II,  209 Jan. 7, 2008 121 Stat. 2538 Pub. L. 109476,  4 Jan. 12, 2007 120 Stat. 3571 Pub. L. 109295, title V,  551(d) Oct. 4, 2006 120 Stat. 1390 Pub. L. 110161, div. E, title V,  553(c) Dec. 26, 2007 121 Stat. 2082 Pub. L. 109248, title I,  141(b) July 27, 2006 120 Stat. 602 Pub. L. 109181,  1(c) Mar. 16, 2006 120 Stat. 287 Pub. L. 109177, title III,  307(c) Mar. 9, 2006 120 Stat. 240 Pub. L. 109162, title XI,  1191(c) Jan. 5, 2006 119 Stat. 3129 Pub. L. 10976,  3 Sept. 29, 2005 119 Stat. 2035 Pub. L. 1099, title I,  105 Apr. 27, 2005 119 Stat. 222 Pub. L. 108482, title II,  204(b) Dec. 23, 2004 118 Stat. 3917 Pub. L. 108458, title VI,  6703(b) Dec. 17, 2004 118 Stat. 3766 Pub. L. 108358,  3 Oct. 22, 2004 118 Stat. 1664 Pub. L. 108275,  5 July 15, 2004 118 Stat. 833 Pub. L. 108187,  4(b) Dec. 16, 2003 117 Stat. 2705 Pub. L. 10821, title I,  104(a) Apr. 30, 2003 117 Stat. 653 Pub. L. 10821, title IV,  401(b) Apr. 30, 2003 117 Stat. 668 Pub. L. 10821, title V,  504(c)(2) Apr. 30, 2003 117 Stat. 682 Pub. L. 10821, title V,  512 Apr. 30, 2003 117 Stat. 685 Pub. L. 10821, title V,  513(c) Apr. 30, 2003 117 Stat. 685 Pub. L. 10821, title VI,  608(e) Apr. 30, 2003 117 Stat. 691 Pub. L. 107296, title XXII,  2207(b) Nov. 25, 2002 116 Stat. 2156 Pub. L. 115278,  2(g)(2)(I) Nov. 16, 2018 132 Stat. 4178 Pub. L. 107273, div. C, title I,  11008(e) Nov. 2, 2002 116 Stat. 1819 Pub. L. 107204, title VIII,  805 July 30, 2002 116 Stat. 802 Pub. L. 107204, title IX,  905 July 30, 2002 116 Stat. 805 Pub. L. 107204, title XI,  1104 July 30, 2002 116 Stat. 808 Pub. L. 107155, title III,  314 Mar. 27, 2002 116 Stat. 107 Pub. L. 10756, title VIII,  814(f) Oct. 26, 2001 115 Stat. 384 Pub. L. 106420,  3 Nov. 1, 2000 114 Stat. 1868 Pub. L. 106386, div. B, title I,  1107(b)(2) Oct. 28, 2000 114 Stat. 1498 Pub. L. 106310, div. B, title XXXVI,  3611 Oct. 17, 2000 114 Stat. 1228 Pub. L. 106310, div. B, title XXXVI,  3612 Oct. 17, 2000 114 Stat. 1228 Pub. L. 106310, div. B, title XXXVI,  3651 Oct. 17, 2000 114 Stat. 1238 Pub. L. 106310, div. B, title XXXVI Oct. 17, 2000 114 Stat. 1242 Pub. L. 106160,  3 Dec. 9, 1999 113 Stat. 1774 Pub. L. 105318,  4 Oct. 30, 1998 112 Stat. 3009 Pub. L. 105314, title V Oct. 30, 1998 112 Stat. 2980 Pub. L. 105184,  6 June 23, 1998 112 Stat. 521 Pub. L. 105172,  2(e) Apr. 24, 1998 112 Stat. 55 Pub. L. 105147,  2(g) Dec. 16, 1997 111 Stat. 2680 Pub. L. 105101 Nov. 19, 1997 111 Stat. 2202 Pub. L. 105368, title IV,  403(d)(1) Nov. 11, 1998 112 Stat. 3339 Pub. L. 104305,  2(b)(3) Oct. 13, 1996 110 Stat. 3808 Pub. L. 104237, title II,  203(b) Oct. 3, 1996 110 Stat. 3102 Pub. L. 104237, title III,  301 Oct. 3, 1996 110 Stat. 3105 Pub. L. 104237, title III,  302(c) Oct. 3, 1996 110 Stat. 3105 Pub. L. 104237, title III,  303 Oct. 3, 1996 110 Stat. 3106 Pub. L. 104208, div. C, title II,  203(e) Sept. 30, 1996 110 Stat. 3009566 Pub. L. 104208, div. C, title II,  211(b) Sept. 30, 1996 110 Stat. 3009569 Pub. L. 104208, div. C, title II,  218(b) Sept. 30, 1996 110 Stat. 3009573 Pub. L. 104208, div. C, title III,  333 Sept. 30, 1996 110 Stat. 3009634 Pub. L. 104208, div. C, title III,  334 Sept. 30, 1996 110 Stat. 3009635 Pub. L. 104201, div. A, title XIV,  1423 Sept. 23, 1996 110 Stat. 2725 Pub. L. 105261, div. A, title X,  1069(c)(1) Oct. 17, 1998 112 Stat. 2136 Pub. L. 104132, title II,  208 Apr. 24, 1996 110 Stat. 1240 Pub. L. 104132, title VII,  730 Apr. 24, 1996 110 Stat. 1303 Pub. L. 104132, title VIII,  805 Apr. 24, 1996 110 Stat. 1305 Pub. L. 104132, title VIII,  807(h) Apr. 24, 1996 110 Stat. 1308 Pub. L. 10471 Dec. 23, 1995 109 Stat. 774 Pub. L. 103322, title IV,  40111(b) Sept. 13, 1994 108 Stat. 1903 Pub. L. 103322, title IV,  40112 Sept. 13, 1994 108 Stat. 1903 Pub. L. 103322, title IV,  40503(c) Sept. 13, 1994 108 Stat. 1947 Pub. L. 103322, title VIII,  80001(b) Sept. 13, 1994 108 Stat. 1986 Pub. L. 103322, title IX,  90102 Sept. 13, 1994 108 Stat. 1987 Pub. L. 103322, title IX,  90103(b) Sept. 13, 1994 108 Stat. 1987 Pub. L. 103322, title XI,  110501 Sept. 13, 1994 108 Stat. 2015 Pub. L. 103322, title XI,  110502 Sept. 13, 1994 108 Stat. 2015 Pub. L. 103322, title XI,  110512 Sept. 13, 1994 108 Stat. 2019 Pub. L. 103322, title XI,  110513 Sept. 13, 1994 108 Stat. 2019 Pub. L. 103322, title XII,  120004 Sept. 13, 1994 108 Stat. 2022 Pub. L. 103322, title XIV,  140008 Sept. 13, 1994 108 Stat. 2033 Pub. L. 103322, title XVIII,  180201(c) Sept. 13, 1994 108 Stat. 2047 Pub. L. 103322, title XXIV,  240002 Sept. 13, 1994 108 Stat. 2081 Pub. L. 103322, title XXV,  250003 Sept. 13, 1994 108 Stat. 2085 Pub. L. 103322, title XXVIII,  280003 Sept. 13, 1994 108 Stat. 2096 Pub. L. 11184, div. E,  4703(a) Oct. 28, 2009 123 Stat. 2836 Pub. L. 102141, title VI,  632 Oct. 28, 1991 105 Stat. 876 Pub. L. 101647, title III,  321 Nov. 29, 1990 104 Stat. 4817 Pub. L. 101647, title XXV,  2507 Nov. 29, 1990 104 Stat. 4862 Pub. L. 101647, title XXVII,  2701 Nov. 29, 1990 104 Stat. 4912 Pub. L. 10173, title IX,  961(m) Aug. 9, 1989 103 Stat. 501 Pub. L. 100700,  2(b) Nov. 19, 1988 102 Stat. 4631 Pub. L. 100690, title VI,  6453 Nov. 18, 1988 102 Stat. 4371 Pub. L. 100690, title VI,  6454 Nov. 18, 1988 102 Stat. 4372 Pub. L. 100690, title VI,  6468(c) Nov. 18, 1988 102 Stat. 4376 Pub. L. 100690, title VI,  6482(c) Nov. 18, 1988 102 Stat. 4382 Cocaine and Crack Sentences and Sentences for Money Laundering and Other Unlawful Activity; Reduction of Sentencing Disparities Pub. L. 10438 Oct. 30, 1995 109 Stat. 334 May 1, 1995 May 1, 1996 Emergency Guidelines Promulgation Authority Section 21 of Pub. L. 100182  (a)  In General In the case of (1) an invalidated sentencing guideline; (2) the creation of a new offense or amendment of an existing offense; or (3) any other reason relating to the application of a previously established sentencing guideline, and determined by the United States Sentencing Commission to be urgent and compelling; the Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of title 28 and title 18, United States Code, shall promulgate and distribute to all courts of the United States and to the United States Probation System a temporary guideline or amendment to an existing guideline, to remain in effect until and during the pendency of the next report to Congress under section 994(p) of title 28 (b)  Expiration of Authority The authority of the Commission under paragraphs (1) and (2) of subsection (a) shall expire on November 1, 1989 May 1, 1988 Submission to Congress of Initial Sentencing Guidelines Provisions directing that the United States Sentencing Commission submit to Congress within 30 months of Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 Effective Date of Sentencing Guidelines Sentencing guidelines promulgated pursuant to this section effective when U.S. Sentencing Commission has submitted the initial set of sentencing guidelines to Congress, the General Accounting Office has studied and reported to Congress on the guidelines, Congress has examined the guidelines, and section 212(a)(2) of Pub. L. 98473 Nov. 1, 1987 section 235(a)(1)(B)(ii) of Pub. L. 98473 section 3551 of Title 18 Studies of Impact and Operation of Sentencing Guideline System; Reporting Requirements Pub. L. 98473, title II,  236 Oct. 12, 1984 98 Stat. 2033 section 994(a)(1) of this title  995. Powers of the Commission (a) The Commission, by vote of a majority of the members present and voting, shall have the power to (1) establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this chapter; (2) appoint and fix the salary and duties of the Staff Director of the Sentencing Commission, who shall serve at the discretion of the Commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for Level 6 of the Senior Executive Service Schedule ( 5 U.S.C. 5382 (3) deny, revise, or ratify any request for regular, supplemental, or deficiency appropriations prior to any submission of such request to the Office of Management and Budget by the Chair; (4) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 (5) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; (6) without regard to 31 U.S.C. 3324 (7) accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of 31 U.S.C. 1342 (8) request such information, data, and reports from any Federal agency or judicial officer as the Commission may from time to time require and as may be produced consistent with other law; (9) monitor the performance of probation officers with regard to sentencing recommendations, including application of the Sentencing Commission guidelines and policy statements; (10) issue instructions to probation officers concerning the application of Commission guidelines and policy statements; (11) arrange with the head of any other Federal agency for the performance by such agency of any function of the Commission, with or without reimbursement; (12) establish a research and development program within the Commission for the purpose of (A) serving as a clearinghouse and information center for the collection, preparation, and dissemination of information on Federal sentencing practices; and (B) assisting and serving in a consulting capacity to Federal courts, departments, and agencies in the development, maintenance, and coordination of sound sentencing practices; (13) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the sentencing process; (14) publish data concerning the sentencing process; (15) collect systematically and disseminate information concerning sentences actually imposed, and the relationship of such sentences to the factors set forth in section 3553(a) of title 18 (16) collect systematically and disseminate information regarding effectiveness of sentences imposed; (17) devise and conduct, in various geographical locations, seminars and workshops providing continuing studies for persons engaged in the sentencing field; (18) devise and conduct periodic training programs of instruction in sentencing techniques for judicial and probation personnel and other persons connected with the sentencing process; (19) study the feasibility of developing guidelines for the disposition of juvenile delinquents; (20) make recommendations to Congress concerning modification or enactment of statutes relating to sentencing, penal, and correctional matters that the Commission finds to be necessary and advisable to carry out an effective, humane and rational sentencing policy; (21) hold hearings and call witnesses that might assist the Commission in the exercise of its powers or duties; (22) perform such other functions as are required to permit Federal courts to meet their responsibilities under section 3553(a) of title 18 (23) retain private attorneys to provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself, or in which the Commission is representing itself with the consent of the Department of Justice; and the Commission may in its discretion pay reasonable attorneys fees to private attorneys employed by it out of its appropriated funds. When serving as officers or employees of the United States, such private attorneys shall be considered special government employees as defined in section 202(a) of title 18 (24) grant incentive awards to its employees pursuant to chapter 45 of title 5, United States Code. (b) The Commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this chapter, and may delegate to any member or designated person such powers as may be appropriate other than the power to establish general policy statements and guidelines pursuant to section 994(a)(1) and (2), the issuance of general policies and promulgation of rules and regulations pursuant to subsection (a)(1) of this section, and the decisions as to the factors to be considered in establishment of categories of offenses and offenders pursuant to section 994(b). The Commission shall, with respect to its activities under subsections (a)(9), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), and (a)(18), to the extent practicable, utilize existing resources of the Administrative Office of the United States Courts and the Federal Judicial Center for the purpose of avoiding unnecessary duplication. (c) Upon the request of the Commission, each Federal agency is authorized and directed to make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the Commission in the execution of its functions. (d) A simple majority of the membership then serving shall constitute a quorum for the conduct of business. Other than for the promulgation of guidelines and policy statements pursuant to section 994, the Commission may exercise its powers and fulfill its duties by the vote of a simple majority of the members present. (e) Except as otherwise provided by law, the Commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by it. (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2024 Pub. L. 100690, title VII Nov. 18, 1988 102 Stat. 4418 Pub. L. 101650, title III,  325(b)(5) Dec. 1, 1990 104 Stat. 5121 Pub. L. 103322, title XXVIII,  280005(c)(1) Sept. 13, 1994 108 Stat. 2097 Pub. L. 110177, title V,  501(a) Jan. 7, 2008 121 Stat. 2541  Editorial Notes Amendments 2008Subsec. (f). Pub. L. 110177,  501 1994Subsec. (a)(3). Pub. L. 103322 1990Subsec. (a)(22). Pub. L. 101650 1988Subsec. (a)(2). Pub. L. 100690,  7105 5 U.S.C. 5382 5 U.S.C. 5332 Subsec. (a)(23). Pub. L. 100690,  7104 Subsec. (a)(24). Pub. L. 100690,  7106(b) Statutory Notes and Related Subsidiaries Termination Date of 2008 Amendment Pub. L. 110177, title V,  501(b) Jan. 7, 2008 121 Stat. 2542 The amendment made by subsection (a) [amending this section] shall cease to have force and effect on September 30, 2010 Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18  996. Director and staff (a) The Staff Director shall supervise the activities of persons employed by the Commission and perform other duties assigned to the Staff Director by the Commission. (b) The Staff Director shall, subject to the approval of the Commission, appoint such officers and employees as are necessary in the execution of the functions of the Commission. The officers and employees of the Commission shall be exempt from the provisions of part III of title 5, except the following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83 (Retirement), 84 (Federal Employees Retirement System), 85 (Unemployment Compensation), 87 (Life Insurance), and 89 (Health Insurance), and subchapter VI of chapter 55 (Payment for accumulated and accrued leave). (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2026 Pub. L. 100690, title VII,  7106(c) Nov. 18, 1988 102 Stat. 4418 Pub. L. 101650, title III,  325(b)(6) Dec. 1, 1990 104 Stat. 5121 Pub. L. 103322, title XXVIII,  280005(c)(5) Sept. 13, 1994 108 Stat. 2097 Pub. L. 106518, title III,  302(a) Nov. 13, 2000 114 Stat. 2416 Pub. L. 117328, div. E, title III,  308 Dec. 29, 2022 136 Stat. 4672  Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117328 2000Subsec. (b). Pub. L. 106518 1994Subsec. (a). Pub. L. 103322 1990Subsec. (b). Pub. L. 101650 1988Subsec. (b). Pub. L. 100690 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 Savings Provision Pub. L. 106518, title III,  302(b) Nov. 13, 2000 114 Stat. 2417 Any leave that an individual accrued or accumulated (or that otherwise became available to such individual) under the leave system of the United States Sentencing Commission and that remains unused as of the date of the enactment of this Act [ Nov. 13, 2000  997. Annual report  The Commission shall report annually to the Judicial Conference of the United States, the Congress, and the President of the United States on the activities of the Commission. (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2026  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  998. Definitions As used in this chapter (a) Commission means the United States Sentencing Commission; (b) Commissioner means a member of the United States Sentencing Commission; (c) guidelines means the guidelines promulgated by the Commission pursuant to section 994(a) of this title (d) rules and regulations means rules and regulations promulgated by the Commission pursuant to section 995 of this title (Added Pub. L. 98473, title II,  217(a) Oct. 12, 1984 98 Stat. 2026  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 12, 1984 section 235(a)(1)(B)(i) of Pub. L. 98473 section 3551 of Title 18 PART IV JURISDICTION AND VENUE    Chap. Sec.  81. Supreme Court 1251  83. Courts of Appeals 1291  85. District Courts; Jurisdiction 1331 1 1  87. District Courts; Venue 1391  89. District Courts; Removal of Cases from State Courts 1441  91. United States Court of Federal Claims 1491  [ 93. Repealed.]  95. Court of International Trade 1581  97. Jurisdictional Immunities of Foreign States 1602  99. General Provisions 1631  Editorial Notes Amendments 1992 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 1982 Pub. L. 97164, title I Apr. 2, 1982 96 Stat. 41 1980 Pub. L. 96417, title V,  501(20) Oct. 10, 1980 94 Stat. 1742 1978 Pub. L. 95598, title II,  241(b) Nov. 6, 1978 92 Stat. 2671 section 402(b) of Pub. L. 95598 section 101 of Title 11 1976 Pub. L. 94583,  4(b) Oct. 21, 1976 90 Stat. 2897 CHAPTER 81 SUPREME COURT    Sec.  1251. Original jurisdiction.  [ 1252. Repealed.]  1253. Direct appeals from decisions of three-judge courts.  1254. Courts of appeals; certiorari; certified questions.  [ 1255 1256. Repealed.]  1257. State courts; certiorari.  1258. Supreme Court of Puerto Rico; certiorari.  1259. Court of Appeals for the Armed Forces; certiorari.  1260. Supreme Court of the Virgin Islands; certiorari.  Editorial Notes Amendments 2012 Pub. L. 112226,  2(b) Dec. 28, 2012 126 Stat. 1606 1994 Pub. L. 103337, div. A, title IX,  924(d)(2)(B) Oct. 5, 1994 108 Stat. 2832 1988 Pub. L. 100352 June 27, 1988 102 Stat. 662 1983 Pub. L. 98209,  10(a)(2) Dec. 6, 1983 97 Stat. 1406 1982 Pub. L. 97164, title I,  123 Apr. 2, 1982 96 Stat. 36 1961 Pub. L. 87189,  2 Aug. 30, 1961 75 Stat. 417 Statutory Notes and Related Subsidiaries Definitions of Courts and Judges Act June 25, 1948, ch. 646,  32 62 Stat. 991 act May 24, 1949, ch. 139,  127 63 Stat. 107  (a) All laws of the United States in force on September 1, 1948 (b) All laws of the United States in force on September 1, 1948 (c) All laws of the United States in force on September 1, 1948 (d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices.  1251. Original jurisdiction (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States. (b) The Supreme Court shall have original but not exclusive jurisdiction of: (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; (2) All controversies between the United States and a State; (3) All actions or proceedings by a State against the citizens of another State or against aliens. ( June 25, 1948, ch. 646 62 Stat. 927 Pub. L. 95393,  8(b) Sept. 30, 1978 92 Stat. 810  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  341, 371(7), (8) ( Mar. 3, 1911, ch. 231 36 Stat. 1156 Oct. 6, 1917, ch. 97,  2 40 Stat. 395 June 10, 1922, ch. 216,  2 42 Stat. 635 This section reconciles provisions of sections 341 and 371(7), (8) of title 28, U.S.C., 1940 ed., with Article 3, section 2 and Amendment 11 of the Constitution. Sections 341 and 371 of title 28, U.S.C., 1940 ed., were not wholly consistent with such constitutional provisions. Said section 341 provided that the Supreme Court should have original jurisdiction of controversies between a State and citizens of other States or aliens, whereas the 11th Amendment prohibits an action in any Federal Court against a State by citizens of another State or aliens. The original jurisdiction conferred on the Supreme Court by Article 3, section 2, of the Constitution is not exclusive by virtue of that provision alone. Congress may provide for or deny exclusiveness. Ames v. Kansas U.S. v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota Sections 341 and 371 of title 28, U.S.C., 1940 ed., did not confer expressly exclusive jurisdiction on the Supreme Court in civil cases between States, Louisiana v. Texas U.S. v. Louisiana So, also, in actions by the United States to condemn lands of a State or to enforce penalties for violation of a Federal statute against a State-owned utility, the United States district courts have jurisdiction. See United States v. State of Utah United States v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota United States v. State of California The intent of section 371(7), (8) of title 28, U.S.C., 1940 ed., that the jurisdiction of the courts of the United States should be exclusive of the courts of the States in controversies to which a State is a party, and suits against ambassadors, public ministers, consuls and vice consuls, is preserved and clarified by this section and section 1351 of this title The revised section preserves existing law with reference to foreign ambassadors, other public ministers and consuls. Under subsection (a)(2) the Supreme Court has exclusive jurisdiction of actions or proceedings against the ambassadors or public ministers of other nations. Under subsection (b)(1) the Supreme Court has original but not exclusive jurisdiction of actions or proceedings brought by such ambassadors or other public ministers or to which consuls or vice consuls of other nations are parties. Section 1351 of this title This section and said section 1351 of this title Milward v. McSaul State of Ohio ex rel. Popovici v. Alger Changes were made in phraseology. Editorial Notes Amendments 1978Subsec. (a). Pub. L. 95393,  8(b)(1) Subsec. (b)(1). Pub. L. 95393,  8(b)(2) Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95393 Sept. 30, 1978 section 9 of Pub. L. 95393 section 254a of Title 22 Statutes Governing Writs of Error To Apply to Appeals Act Jan. 31, 1928, ch. 14,  2 45 Stat. 54 Apr. 26, 1928, ch. 440 45 Stat. 466 June 25, 1948, ch. 646,  23 62 Stat. 990 section 1 of this title [ 1252. Repealed. Pub. L. 100352,  1 June 27, 1988 102 Stat. 662   Section, acts June 25, 1948, ch. 646 62 Stat. 928 Oct. 31, 1951, ch. 655,  47 65 Stat. 726 July 7, 1958 Pub. L. 85508,  12(e) 72 Stat. 348 Mar. 18, 1959 Pub. L. 863,  14(a) 73 Stat. 10 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective ninety days after June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title  1253. Direct appeals from decisions of three-judge courts  Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges. ( June 25, 1948, ch. 646 62 Stat. 928  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  47, 47a, 380 and 380a ( Mar. 3, 1911, ch. 231 36 Stat. 1150 Mar. 4, 1913, ch. 160 37 Stat. 1013 Oct. 22, 1913, ch. 32 Feb. 13, 1925, ch. 229,  1 43 Stat. 938 Aug. 24, 1937, ch. 754,  3 50 Stat. 752 This section consolidates the provisions of sections 47, 47a, 380, and 380a of title 28, U.S.C., 1940 ed., relating to direct appeals from decisions of three-judge courts involving orders of the Interstate Commerce Commission or holding State or Federal laws repugnant to the Constitution of the United States. For distribution of other provisions of the sections on which this revised section is based, see Distribution Table. The language in section 380 of title 28 section 2281 of this title Words in section 380a of title 28 Section 217 of title 7 The final proviso of section 502 of title 33 section 345 of title 28 U.S. v. Belt section 1252 of this title Section 28 of title 15 section 44 of title 49 Section 401(d) of title 47 section 345(1) of title 28  1254. Courts of appeals; certiorari; certified questions Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy. ( June 25, 1948, ch. 646 62 Stat. 928 Pub. L. 100352,  2(a) June 27, 1988 102 Stat. 662  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  346 and 347 ( Mar. 3, 1911, ch. 231 36 Stat. 1157 Feb. 13, 1925, ch. 229,  1 43 Stat. 938 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 June 7, 1934, ch. 426 48 Stat. 926 Section consolidates sections 346 and 347 of title 28, U.S.C., 1940 ed. Words or in the United States Court of Appeals for the District of Columbia and or of the United States Court of Appeals for the District of Columbia in sections 346 and 347 of title 28, U.S.C., 1940 ed., were omitted. (See section 41 of this title The prefatory words of this section preceding paragraph (1) were substituted for subsection (c) of said section 347. The revised section omits the words of section 347 of title 28 Changes were made in phraseology and arrangement. Editorial Notes Amendments 1988 Pub. L. 100352,  2(b) Pars. (2), (3). Pub. L. 100352,  2(a) Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100352,  7 June 27, 1988 102 Stat. 664 The amendments made by this Act [amending sections 1254, 1257, 1258, 2101, 2104, and 2350 of this title, section 136w of Title 7 section 1631e of Title 22 section 652 of Title 25 section 988 of Title 33 section 1652 of Title 43 section 30110 of Title 52 June 27, 1988 [ 1255, 1256. Repealed. Pub. L. 97164, title I,  123 Apr. 2, 1982 96 Stat. 36   Section 1255, act June 25, 1948, ch. 646 62 Stat. 928  Section 1256, act June 25, 1948, ch. 646 62 Stat. 928 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1257. State courts; certiorari (a) Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States. (b) For the purposes of this section, the term highest court of a State includes the District of Columbia Court of Appeals. ( June 25, 1948, ch. 646 62 Stat. 929 Pub. L. 91358, title I,  172(a)(1) July 29, 1970 84 Stat. 590 Pub. L. 100352,  3 June 27, 1988 102 Stat. 662  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  344 ( Mar. 3, 1911, ch. 231 36 Stat. 1156 Dec. 23, 1914, ch. 2 38 Stat. 790 Sept. 6, 1916, ch. 448,  2 39 Stat. 726 Feb. 17, 1922, ch. 54 42 Stat. 366 Feb. 13, 1925, ch. 229,  1 43 Stat. 937 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Provisions of section 344 of title 28 section 2103 of this title section 344 of title 28 section 2106 of this title The revised section applies in both civil and criminal cases. In Twitchell v. Philadelphia 1 Stat. 85 Herndon v. Georgia Ashcraft v. Tennessee Provision, in section 344(b) of title 28 Words and the power to review under this paragraph may be exercised as well where the Federal claim is sustained as where it is denied, in said section 344(b), were omitted as surplusage. The last sentence in said section 344(b) relating to the right to relief under both subsections of said section 344, was omitted as unnecessary. Changes were made in phraseology. Editorial Notes Amendments 1988 Pub. L. 100352 (1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity. (2) By appeal, where is drawn in question the validity of a statute of any state on the ground of its being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of its validity. (3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a State statute is drawn in question on the ground of its being repugnant to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity is specially set up or claimed under the Constitution, treaties or statutes of, or commission held or authority exercised under, the United States. For the purposes of this section, the term highest court of a State includes the District of Columbia Court of Appeals. 1970 Pub. L. 91358 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title Effective Date of 1970 Amendment Pub. L. 91358, title I,  199(a) July 29, 1970 84 Stat. 597 The effective date of this title (and the amendments made by this title) [enacting sections 1363, 1451, and 2113 of this title and amending this section, sections 292 and 1869 of this title, section 5102 of Title 5 section 260a of Title 42 July 29, 1970  1258. Supreme Court of Puerto Rico; certiorari  Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States. (Added Pub. L. 87189,  1 Aug. 30, 1961 75 Stat. 417 Pub. L. 100352,  4 June 27, 1988 102 Stat. 662  Editorial Notes Amendments 1988 Pub. L. 100352 (1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity. (2) By appeal, where is drawn in question the validity of a statute of the Commonwealth of Puerto Rico on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its validity. (3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution, treaties, or statutes of, or commission held or authority exercised under, the United States. Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title  1259. Court of Appeals for the Armed Forces; certiorari Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases: (1) Cases reviewed by the Court of Appeals for the Armed Forces under section 867(a)(1) of title 10 (2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under section 867(a)(2) of title 10 (3) Cases in which the Court of Appeals for the Armed Forces granted a petition for review under section 867(a)(3) of title 10 (4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted relief. (Added Pub. L. 98209,  10(a)(1) Dec. 6, 1983 97 Stat. 1405 Pub. L. 101189, div. A, title XIII,  1304(b)(3) Nov. 29, 1989 103 Stat. 1577 Pub. L. 103337, div. A, title IX,  924(d)(1)(C) Oct. 5, 1994 108 Stat. 2832  Editorial Notes Amendments 1994 Pub. L. 103337 1989 Pub. L. 101189 Statutory Notes and Related Subsidiaries Effective Date Section effective on the first day of the eighth calendar month beginning after Dec. 6, 1983 section 12(a)(1) of Pub. L. 98209 section 801 of Title 10  1260. Supreme Court of the Virgin Islands; certiorari  Final judgments or decrees rendered by the Supreme Court of the Virgin Islands may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Virgin Islands is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States. (Added Pub. L. 112226,  2(a) Dec. 28, 2012 126 Stat. 1606  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 112226,  3 Dec. 28, 2012 126 Stat. 1607 The amendments made by this Act [enacting this section and amending section 1613 of Title 48 Dec. 28, 2012 CHAPTER 83 COURTS OF APPEALS    Sec.  1291. Final decisions of district courts.  1292. Interlocutory decisions.  [ 1293. Repealed.]  1294. Circuits in which decisions reviewable.  1295. Jurisdiction of the United States Court of Appeals for the Federal Circuit.  1296. Review of certain agency actions.  Editorial Notes Amendments 1996 Pub. L. 104331,  3(a)(2) Oct. 26, 1996 110 Stat. 4069 1984 Pub. L. 98620, title IV,  402(29)(C) Nov. 8, 1984 98 Stat. 3359 1982 Pub. L. 97164, title I,  127(b) Apr. 2, 1982 96 Stat. 39 1978 Pub. L. 95598, title II,  236(b) Nov. 6, 1978 92 Stat. 2667 section 402(b) of Pub. L. 95598 section 101 of Title 11 1961 Pub. L. 87189,  4 Aug. 30, 1961 75 Stat. 417  1291. Final decisions of district courts  The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title. ( June 25, 1948, ch. 646 62 Stat. 929 Oct. 31, 1951, ch. 655,  48 65 Stat. 726 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 97164, title I,  124 Apr. 2, 1982 96 Stat. 36  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  225(a), 933(a)(1), and section 1356 of title 48 Mar. 3, 1911, ch. 231,  128 36 Stat. 1133 Aug. 24, 1912, ch. 390,  9 37 Stat. 566 Jan. 28, 1915, ch. 22,  2 38 Stat. 804 Feb. 7, 1925, ch. 150 43 Stat. 813 Sept. 21, 1922, ch. 370,  3 42 Stat. 1006 Feb. 13, 1925, ch. 229,  1 43 Stat. 936 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 May 17, 1932, ch. 190 47 Stat. 158 Feb. 16, 1933, ch. 91,  3 47 Stat. 817 May 31, 1935, ch. 160 49 Stat. 313 June 20, 1938, ch. 526 52 Stat. 779 Aug. 2, 1946, ch. 753,  412(a)(1) 60 Stat. 844 This section rephrases and simplifies paragraphs First, Second, and Third of section 225(a) of title 28 section 1356 of title 48 The district courts for the districts of Hawaii and Puerto Rico are embraced in the term district courts of the United States. (See definitive section 451 of this title Paragraph Fourth of section 225(a) of title 28 section 1293 of this title Words Fifth. In the United States Court for China, in all cases in said section 225(a) were omitted. (See revisers note under section 411 of this title Venue provisions of section 1356 of title 48 section 1295 of this title Section 61 of title 7 In addition to the jurisdiction conferred by this chapter, the courts of appeals also have appellate jurisdiction in proceedings under Title 11, Bankruptcy, and jurisdiction to review: (1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under chapter 8 of title 27; (2) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce; (3) Orders of the Secretary of the Army under sections 504, 505 and 516 of title 33, U.S.C., 1940 ed., Navigation and Navigable Waters; (4) Orders of the Civil Aeronautics Board under chapter 9 of title 49, except orders as to foreign air carriers which are subject to the Presidents approval; (5) Orders under chapter 1 of title 7, refusing to designate boards of trade as contract markets or suspending or revoking such designations, or excluding persons from trading in contract markets; (6) Orders of the Federal Power Commission under chapter 12 of title 16; (7) Orders of the Federal Security Administrator under section 371(e) of title 21 (8) Orders of the Federal Power Commission under chapter 15B of title 15; (9) Final orders of the National Labor Relations Board; (10) Cease and desist orders under section 193 of title 7 (11) Orders of the Securities and Exchange Commission; (12) Orders to cease and desist from violating section 1599 of title 7 (13) Wage orders of the Administrator of the Wage and Hour Division of the Department of Labor under section 208 of title 29 (14) Orders under sections 81r and 1641 of title 19, U.S.C., 1940 ed., Customs Duties. The courts of appeals also have jurisdiction to enforce: (1) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce; (2) Final orders of the National Labor Relations Board; (3) Orders to cease and desist from violating section 1599 of title 7 The Court of Appeals for the District of Columbia also has jurisdiction to review orders of the Post Office Department under section 576 of title 39 Changes were made in phraseology. Editorial Notes Amendments 1982 Pub. L. 97164,  124 1958 Pub. L. 85508 section 81A of this title 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  1292. Interlocutory decisions (a) Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from: (1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court; (2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property; (3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed. (b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however (c) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction (1) of an appeal from an interlocutory order or decree described in subsection (a) or (b) of this section in any case over which the court would have jurisdiction of an appeal under section 1295 of this title (2) of an appeal from a judgment in a civil action for patent infringement which would otherwise be appealable to the United States Court of Appeals for the Federal Circuit and is final except for an accounting. (d) (1) When the chief judge of the Court of International Trade issues an order under the provisions of section 256(b) of this title (2) When the chief judge of the United States Court of Federal Claims issues an order under section 798(b) of this title (3) Neither the application for nor the granting of an appeal under this subsection shall stay proceedings in the Court of International Trade or in the Court of Federal Claims, as the case may be, unless a stay is ordered by a judge of the Court of International Trade or of the Court of Federal Claims or by the United States Court of Appeals for the Federal Circuit or a judge of that court. (4) (A) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of an appeal from an interlocutory order of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, granting or denying, in whole or in part, a motion to transfer an action to the United States Court of Federal Claims under section 1631 of this title (B) When a motion to transfer an action to the Court of Federal Claims is filed in a district court, no further proceedings shall be taken in the district court until 60 days after the court has ruled upon the motion. If an appeal is taken from the district courts grant or denial of the motion, proceedings shall be further stayed until the appeal has been decided by the Court of Appeals for the Federal Circuit. The stay of proceedings in the district court shall not bar the granting of preliminary or injunctive relief, where appropriate and where expedition is reasonably necessary. However, during the period in which proceedings are stayed as provided in this subparagraph, no transfer to the Court of Federal Claims pursuant to the motion shall be carried out. (e) The Supreme Court may prescribe rules, in accordance with section 2072 of this title ( June 25, 1948, ch. 646 62 Stat. 929 Oct. 31, 1951, ch. 655,  49 65 Stat. 726 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 85919 Sept. 2, 1958 72 Stat. 1770 Pub. L. 97164,  125 Apr. 2, 1982 96 Stat. 36 Pub. L. 98620, title IV,  412 Nov. 8, 1984 98 Stat. 3362 Pub. L. 100702, title V,  501 Nov. 19, 1988 102 Stat. 4652 Pub. L. 102572, title I,  101 Oct. 29, 1992 106 Stat. 4506  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  225(b), 227, 227a, and section 61 of title 7 Mar. 3, 1911, ch. 231 36 Stat. 1133 Feb. 13, 1925, ch. 229,  1 43 Stat. 937 Feb. 28, 1927, ch. 228 44 Stat. 1261 Apr. 3, 1926, ch. 102 44 Stat. 233 May 20, 1926, ch. 347,  13(a) 44 Stat. 587 Apr. 11, 1928, ch. 354,  1 45 Stat. 422 May 17, 1932, ch. 190 47 Stat. 158 Section consolidates sections 225(b), 227 and part of 227a of title 28, U.S.C., 1940 ed., with necessary changes in phraseology to effect the consolidation. The second paragraph of section 225(b) of title 28 section 159 of title 45 section 1291 of this title Words in section 227 of title 28 Provisions of sections 227 and 227a of title 28, U.S.C., 1940 ed., relating to stay of proceedings pending appeal were omitted as superseded by Federal Rules of Civil Procedure, Rule 73. Provisions of section 227 of title 28 Words in section 227 of title 28 section 227 of title 28 section 1254 of this title In subsection (4), which is based on section 227a of title 28 The provision of sections 227 and 227a of title 28, U.S.C., 1940 ed., that appeal must be taken within thirty days after entry of order, decree or judgment is incorporated in section 2107 of this title The provisions of section 227a of title 28 The district courts for the districts of Hawaii and Puerto Rico are embraced in the term district courts of the United States. (See definitive section 451 of this title section 225 of title 28 The District Court for the District of Puerto Rico is not enumerated in section 225(b) of title 28 Section 61 of title 7 Editorial Notes Amendments 1992Subsec. (d)(2). Pub. L. 102572 section 798(b) of this title Subsec. (d)(3). Pub. L. 102572,  902(b)(2) Subsec. (d)(4). Pub. L. 102572,  902(b) Subsec. (e). Pub. L. 102572,  101 1988Subsec. (d)(4). Pub. L. 100702 1984Subsec. (b). Pub. L. 98620,  412(a) Subsec. (c)(1). Pub. L. 98620,  412(b) 1982Subsec. (a). Pub. L. 97164,  125(a)(1) Subsec. (a)(4). Pub. L. 97164,  125(a)(2) Subsecs. (c), (d). Pub. L. 97164,  125(b) 1958 Pub. L. 85919 Par. (1). Pub. L. 85508 section 81A of this title 1951Par. (1). Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by section 101 of Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Amendment by sections 902(b) and 906(c) of Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1988 Amendment Pub. L. 100702, title V,  502 Nov. 19, 1988 102 Stat. 4652 The amendment made by section 501 [amending this section] shall apply to any action commenced in the district court on or after the date of enactment of this title [ Nov. 19, 1988 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  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 Mar. 31, 1982 [ 1293. Repealed. Pub. L. 87189,  3 Aug. 30, 1961 75 Stat. 417   Section, acts June 25, 1948, ch. 646 62 Stat. 929 Mar. 18, 1959 Pub. L. 863,  14(b) 73 Stat. 10 section 1258 of this title  A subsequent section 1293, added Pub. L. 95598, title II,  236(a) Nov. 6, 1978 92 Stat. 2667 section 402(b) of Pub. L. 95598 section 101 of Title 11  1294. Circuits in which decisions reviewable Except as provided in sections 1292(c), 1292(d), and 1295 of this title, appeals from reviewable decisions of the district and territorial courts shall be taken to the courts of appeals as follows: (1) From a district court of the United States to the court of appeals for the circuit embracing the district; (2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit; (3) From the District Court of the Virgin Islands, to the Court of Appeals for the Third Circuit; (4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit. ( June 25, 1948, ch. 646 62 Stat. 930 Oct. 31, 1951, ch. 655,  50(a) 65 Stat. 727 Pub. L. 85508,  12(g) July 7, 1958 72 Stat. 348 Pub. L. 863,  14(c) Mar. 18, 1959 73 Stat. 10 Pub. L. 87189,  5 Aug. 30, 1961 75 Stat. 417 Pub. L. 95598, title II,  237 Nov. 6, 1978 92 Stat. 2667 Pub. L. 97164, title I,  126 Apr. 2, 1982 96 Stat. 37  Historical and Revision Notes Based on section 1141(b)(1)(2)(3) of title 26 section 61 of title 7 Apr. 12, 1900, ch. 191,  35 31 Stat. 85 Mar. 3, 1911, ch. 231,  128 36 Stat. 1133 Aug. 24, 1912, ch. 390,  9 37 Stat. 566 Mar. 2, 1917, ch. 145 39 Stat. 966 Mar. 3, 1917, ch. 171,  2 39 Stat. 1132 Sept. 21, 1922, ch. 370,  3 42 Stat. 1006 Feb. 13, 1925, ch. 229 43 Stat. 936 Feb. 26, 1926, ch. 27,  1002 44 Stat. 110 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 May 17, 1932, ch. 190 47 Stat. 158 Feb. 16, 1933, ch. 91,  3 47 Stat. 817 May 10, 1934, ch. 277,  519 48 Stat. 760 Feb. 10, 1939, ch. 2,  1141(b)(1)(2)(3) 53 Stat. 164 Section consolidates the venue provisions of sections 645, 864, 1356, and 1392 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions with sections 1141(b)(1)(2)(3) to title 26, U.S.C., 1940 ed., Internal Revenue and sections 225(d) and 865 of said title 48. Other provisions of said section 864, not incorporated in this section and sections 41 and 119 of this title, were retained in title 48. Other provisions of said section 1356 are incorporated in section 1291 of this title Paragraph (3) of section 1141(b) of title 26 May 10, 1934 Provisions of section 225(d) of title 28 section 411 of this title Subsection (b) rephrases and rearranges the relevant provisions of section 1141(b)(1)(2)(3) of title 26 Specific reference to the United States district courts for the districts of Hawaii, Puerto Rico and District of Columbia was omitted as unnecessary, these courts being embraced in the definition of a district court of the United States contained in section 451 of this title Administrative orders, referred to in revisers note under section 1291 of this title Orders Reviewable (1) Alcoholic permit ordersin the District of Columbia or in the circuit where the applicant or permittee resides or has his principal place of business; (2) Antitrust and unfair trade ordersin the circuit where unlawful act occurred or petitioner resides or carries on business; (3) Bridge alteration; cost ordersin the circuit where bridge is wholly or partly located; (4) Civil aeronautics ordersin the District of Columbia or circuit where petitioner resides or has his principal place of business; (5) Commodity exchange ordersin the circuit where board of trade has its principal place of business or in circuit where petitioner for review of exclusion order carries on business; (6) Electric and water power ordersin the District of Columbia or circuit where licensee or public utility to which order relates is located or has its principal place of business; (7) Food, drug and cosmetic ordersin the circuit where person adversely affected resides or has his principal place of business; (8) Gas ordersin the District of Columbia or circuit where company to which order relates is located or has its principal place of business; (9) National Labor Relations Boards final ordersin the District of Columbia or circuit where unfair labor practice occurred or violator resides or transacts business; (10) Packers cease and desist ordersin the circuit where packer has his principal place of business; (11) Radio license decisionsin the District of Columbia; (12) Securities and Exchange Commission ordersin the District of Columbia or circuit where petitioner resides or has his principal place of business; (13) Seed ordersin the circuit where violator resides or has his principal place of business; (14) Wage ordersin the District of Columbia or circuit where petitioner resides or has his principal place of business; (15) Foreign Trade Zones Board ordersin the circuit where the Zone is located; (16) Customhouse broker licensesin circuit where applicant or licensee resides or has his principal place of business. Orders Enforceable (1) Antitrust and unfair trade ordersin the circuit where unlawful act occurred or person allegedly committing unlawful act resides or carries on business; (2) National Labor Relations Boards final ordersin the circuit where unfair labor practice occurred or violator resides or transacts business; (3) Seed ordersin the circuit where violator resides or has his principal place of business. Section 61 of title 7 Changes were made in phraseology. By Senate amendment, this section was renumbered 1294, and subsec. (b), which related to the Tax Court, was eliminated. Therefore, as finally enacted, section 1141(b)(1)(2)(3) of Title 26 Editorial Notes Amendments 1982 Pub. L. 97164 1978 Pub. L. 95598 section 160(a) of this title section 402(b) of Pub. L. 95598 section 101 of Title 11 1961Pars. (4), (5). Pub. L. 87189 section 1258 of this title 1959Pars. (4) to (6). Pub. L. 863 section 91 of this title 1958Par. (2). Pub. L. 85508 section 81A of this title Pars. (3) to (7). Pub. L. 85508 1951Par. (7). Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1959 Amendment Amendment by Pub. L. 863 section 91 of this title Aug. 25, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  1295. Jurisdiction of the United States Court of Appeals for the Federal Circuit (a) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction (1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection; (2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on section 1346 of this title (3) of an appeal from a final decision of the United States Court of Federal Claims; (4) of an appeal from a decision of (A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that partys right to participate in the applicable proceeding before or appeal to the Board, except that an applicant or a party to a derivation proceeding may also have remedy by civil action pursuant to section 145 or 146 of title 35; an appeal under this subparagraph of a decision of the Board with respect to an application or derivation proceeding shall waive the right of such applicant or party to proceed under section 145 or 146 of title 35; (B) the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office or the Trademark Trial and Appeal Board with respect to applications for registration of marks and other proceedings as provided in section 21 of the Trademark Act of 1946 ( 15 U.S.C. 1071 (C) a district court to which a case was directed pursuant to section 145, 146, or 154(b) of title 35; (5) of an appeal from a final decision of the United States Court of International Trade; (6) to review the final determinations of the United States International Trade Commission relating to unfair practices in import trade, made under section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 (7) to review, by appeal on questions of law only, findings of the Secretary of Commerce under U.S. note 6 to subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States (relating to importation of instruments or apparatus); (8) of an appeal under section 71 of the Plant Variety Protection Act ( 7 U.S.C. 2461 (9) of an appeal from a final order or final decision of the Merit Systems Protection Board, pursuant to sections 7703(b)(1) and 7703(d) of title 5; (10) of an appeal from a final decision of an agency board of contract appeals pursuant to section 7107(a)(1) of title 41 (11) of an appeal under section 211 of the Economic Stabilization Act of 1970; (12) of an appeal under section 5 of the Emergency Petroleum Allocation Act of 1973; (13) of an appeal under section 506(c) of the Natural Gas Policy Act of 1978; and (14) of an appeal under section 523 of the Energy Policy and Conservation Act. (b) The head of any executive department or agency may, with the approval of the Attorney General, refer to the Court of Appeals for the Federal Circuit for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which the head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in section 7107(b) of title 41 (c) The Court of Appeals for the Federal Circuit shall review the matter referred in accordance with the standards specified in section 7107(b) of title 41 (Added Pub. L. 97164, title I,  127(a) Apr. 2, 1982 96 Stat. 37 Pub. L. 98622, title II,  205(a) Nov. 8, 1984 98 Stat. 3388 Pub. L. 100418, title I,  1214(a)(3) Aug. 23, 1988 102 Stat. 1156 Pub. L. 100702, title X,  1020(a)(3) Nov. 19, 1988 102 Stat. 4671 Pub. L. 102572, title I,  102(c) Oct. 29, 1992 106 Stat. 4507 Pub. L. 106113, div. B,  1000(a)(9) [title IV,  4402(b)(2), 4732(b)(14)] Nov. 29, 1999 113 Stat. 1536 Pub. L. 111350,  5(g)(5) Jan. 4, 2011 124 Stat. 3848 Pub. L. 11229 Sept. 16, 2011 125 Stat. 314  Editorial Notes  References in Text The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19 Section 211 of the Economic Stabilization Act of 1970, referred to in subsec. (a)(11), is section 211 of Pub. L. 91379 section 1904 of Title 12 Section 5 of the Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a)(12), is section 5 of Pub. L. 93159 section 754 of Title 15 Section 506(c) of the Natural Gas Policy Act of 1978, referred to in subsec. (a)(13), is classified to section 3416(c) of Title 15 Section 523 of the Energy Policy and Conservation Act, referred to in subsec. (a)(14), is classified to section 6393 of Title 42 Amendments 2011Subsec. (a)(1). Pub. L. 11229,  19(b) section 1338 of this title Subsec. (a)(4)(A). Pub. L. 11229,  7(c)(2) Subsec. (a)(10). Pub. L. 111350,  5(g)(5)(A) section 7107(a)(1) of title 41 41 U.S.C. 607(g)(1) Subsec. (b). Pub. L. 111350,  5(g)(5)(B) section 7107(b) of title 41 41 U.S.C. 609(b) Subsec. (c). Pub. L. 111350,  5(g)(5)(C) section 7107(b) of title 41 1999Subsec. (a)(4)(A). Pub. L. 106113,  1000(a)(9) [title IV,  4732(b)(14)(A)] Subsec. (a)(4)(B). Pub. L. 106113,  1000(a)(9) [title IV,  4732(b)(14)(B)] Subsec. (a)(4)(C). Pub. L. 106113,  1000(a)(9) [title IV,  4402(b)(2)] 1992Subsec. (a)(3). Pub. L. 102572,  902(b)(1) Subsec. (a)(11) to (14). Pub. L. 102572,  102(c) 1988Subsec. (a)(1). Pub. L. 100702 Subsec. (a)(7). Pub. L. 100418 1984Subsec. (a)(4)(A). Pub. L. 98622 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by section 7(c)(2) of Pub. L. 11229 Sept. 16, 2011 section 7(e) of Pub. L. 11229 section 6 of Title 35 Pub. L. 11229,  19(e) Sept. 16, 2011 125 Stat. 333 The amendments made by this section [enacting section 1454 of this title section 299 of Title 35 section 1338 of this title Sept. 16, 2011 Effective Date of 1999 Amendment Amendment by section 1000(a)(9) [title IV,  4402(b)(2)] of Pub. L. 106113 Nov. 29, 1999 Pub. L. 106113 section 154 of Title 35 Amendment by section 1000(a)(9) [title IV,  4732(b)(14)] of Pub. L. 106113 Nov. 29, 1999 Pub. L. 106113 section 1 of Title 35 Effective Date of 1992 Amendment Amendment by section 102(c) of Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Amendment by section 902(b)(1) of Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100418 Jan. 1, 1989 section 1217(b)(1) of Pub. L. 100418 section 3001 of Title 19 Effective Date of 1984 Amendment Amendment by Pub. L. 98622 Nov. 8, 1984 section 106 of Pub. L. 98622 section 103 of Title 35 Amendment by Pub. L. 98622 Nov. 8, 1984 section 207 of Pub. L. 98622 section 41 of Title 35 Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  Abolition of Temporary Emergency Court of Appeals Pub. L. 102572, title I,  102(d) Oct. 29, 1992 106 Stat. 4507  (d)  Abolition of Court The Temporary Emergency Court of Appeals created by section 211(b) of the Economic Stabilization Act of 1970 [ Pub. L. 91379 section 1904 of Title 12 Oct. 29, 1992 (e)  Pending Cases (1) Any appeal which, before the effective date of abolition described in subsection (d), is pending in the Temporary Emergency Court of Appeals but has not been submitted to a panel of such court as of that date shall be assigned to the United States Court of Appeals for the Federal Circuit as though the appeal had originally been filed in that court. (2) Any case which, before the effective date of abolition described in subsection (d), has been submitted to a panel of the Temporary Emergency Court of Appeals and as to which the mandate has not been issued as of that date shall remain with that panel for all purposes and, notwithstanding the provisions of sections 291 and 292 of title 28, United States Code, that panel shall be assigned to the United States Court of Appeals for the Federal Circuit for the purpose of deciding such case.  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  1296. Review of certain agency actions (a)  Jurisdiction Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of (1) an appropriate agency (as determined under section 454 of title 3 (2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding section 7123 of title 5 (3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3. (b)  Filing of Petition Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision. (Added Pub. L. 104331,  3(a)(1) Oct. 26, 1996 110 Stat. 4068  Editorial Notes Prior Provisions A prior section 1296, added Pub. L. 97164, title I,  127(a) Apr. 2, 1982 96 Stat. 39 Pub. L. 98620, title IV,  402(29)(C) Nov. 8, 1984 98 Stat. 3359 Effective Date Pub. L. 104331,  3(d) Oct. 26, 1996 110 Stat. 4071 The amendments made by this section [enacting this section and sections 1413 and 3901 to 3908 of this title and amending sections 1346 and 2402 of this title] shall take effect on October 1, 1997 CHAPTER 85 DISTRICT COURTS; JURISDICTION    Sec.  1330. Actions against foreign states.  1331. Federal question.  1332. Diversity of citizenship; amount in controversy; costs.  1333. Admiralty, maritime and prize cases.  1334. Bankruptcy cases and proceedings.  1335. Interpleader.  1336. Surface Transportation Boards orders.  1337. Commerce and antitrust regulations; amount in controversy, costs.  1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition.  1339. Postal matters.  1340. Internal revenue; customs duties.  1341. Taxes by States.  1342. Rate orders of State agencies.  1343. Civil rights and elective franchise.  1344. Election disputes.  1345. United States as plaintiff.  1346. United States as defendant.  1347. Partition action where United States is joint tenant.  1348. Banking association as party.  1349. Corporation organized under federal law as party.  1350. Aliens action for tort.  1351. Consuls, vice consuls, and members of a diplomatic mission as defendant.  1352. Bonds executed under federal law.  1353. Indian allotments.  1354. Land grants from different states.  1355. Fine, penalty or forfeiture.  1356. Seizures not within admiralty and maritime jurisdiction.  1357. Injuries under Federal laws.  1358. Eminent domain.  1359. Parties collusively joined or made.  1360. State civil jurisdiction in actions to which Indians are parties.  1361. Action to compel an officer of the United States to perform his duty.  1362. Indian tribes.  1363. Jurors employment rights.  1364. Direct actions against insurers of members of diplomatic missions and their families.  1365. Senate actions.  1366. Construction of references to laws of the United States or Acts of Congress.  1367. Supplemental jurisdiction.  1368. Counterclaims in unfair practices in international trade.  1369. Multiparty, multiforum jurisdiction.  Editorial Notes Amendments 2002 Pub. L. 107273, div. C, title I,  11020(b)(1)(B) Nov. 2, 2002 116 Stat. 1827 1999 Pub. L. 106113, div. B,  1000(a)(9) [title III,  3009(2)] Nov. 29, 1999 113 Stat. 1536 1998 Pub. L. 105304, title V,  503(b)(2)(B) Oct. 28, 1998 112 Stat. 2917 1995 Pub. L. 10488, title III,  305(a)(4) Dec. 29, 1995 109 Stat. 944 1994 Pub. L. 103465, title III,  321(b)(3)(B) Dec. 8, 1994 108 Stat. 4947 1990 Pub. L. 101650, title III,  310(b) Dec. 1, 1990 104 Stat. 5114 1988 Pub. L. 100702, title X,  1020(a)(7) Nov. 19, 1988 102 Stat. 4672 1986 Pub. L. 99336,  6(a)(1)(A) June 19, 1986 100 Stat. 638 1984 Pub. L. 98353, title I,  101(b) July 10, 1984 98 Stat. 333 1980 Pub. L. 96486,  2(b) Dec. 1, 1980 94 Stat. 2369 1978 Pub. L. 95598, title II,  238(b) Nov. 6, 1978 92 Stat. 2668 section 402(b) of Pub. L. 95598 section 101 of Title 11 Pub. L. 95572,  6(b)(2) Nov. 2, 1978 92 Stat. 2457 Pub. L. 95521, title VII,  705(f)(2) Oct. 26, 1978 92 Stat. 1880 Pub. L. 95486,  9(c) Oct. 20, 1978 92 Stat. 1634 Pub. L. 95393 Sept. 30, 1978 92 Stat. 810 1976 Pub. L. 94583,  2(b) Oct. 21, 1976 90 Stat. 2891 1970 Pub. L. 91358, title I,  172(c)(2) July 29, 1970 84 Stat. 591 1966 Pub. L. 89635,  2 Oct. 10, 1966 80 Stat. 880 1962 Pub. L. 87748,  1(b) Oct. 5, 1962 76 Stat. 744 1958 Pub. L. 85554,  4 July 25, 1958 72 Stat. 415 1953 Act Aug. 15, 1953, ch. 505,  3 67 Stat. 589  1330. Actions against foreign states (a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title (b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title (c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 16051607 of this title. (Added Pub. L. 94583,  2(a) Oct. 21, 1976 90 Stat. 2891  Statutory Notes and Related Subsidiaries Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1331. Federal question  The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. ( June 25, 1948, ch. 646 62 Stat. 930 Pub. L. 85554,  1 July 25, 1958 72 Stat. 415 Pub. L. 94574,  2 Oct. 21, 1976 90 Stat. 2721 Pub. L. 96486,  2(a) Dec. 1, 1980 94 Stat. 2369  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(1) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 Jurisdiction of federal questions arising under other sections of this chapter is not dependent upon the amount in controversy. (See annotations under former section 41 of title 28 section 1332 of this title Words wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs, were added to conform to rulings of the Supreme Court. See construction of provision relating to jurisdictional amount requirement in cases involving a Federal question in United States v. Sayward Fishback v. Western Union Tel. Co Halt v. Indiana Manufacturing Co Words all civil actions were substituted for all suits of a civil nature, at common law or in equity to conform with Rule 2 of the Federal Rules of Civil Procedure. Words or treaties were substituted for or treaties made, or which shall be made under their authority, for purposes of brevity. The remaining provisions of section 41(1) of title 28 Changes were made in arrangement and phraseology. Editorial Notes Amendments 1980 Pub. L. 96486 1976Subsec. (a). Pub. L. 94574 1958 Pub. L. 85554 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment; Applicability Pub. L. 96486,  4 Dec. 1, 1980 94 Stat. 2370 This Act [amending this section and section 2072 of Title 15 section 1 of this title Dec. 1, 1980 Effective Date of 1958 Amendment Pub. L. 85554,  3 July 25, 1958 72 Stat. 415 This Act [amending this section and sections 1332 and 1345 of this title] shall apply only in the case of actions commenced after the date of the enactment of this Act [ July 25, 1958  1332. Diversity of citizenship; amount in controversy; costs (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state, defined in section 1603(a) of this title (b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. (c) For the purposes of this section and section 1441 of this title (1) a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of (A) every State and foreign state of which the insured is a citizen; (B) every State and foreign state by which the insurer has been incorporated; and (C) the State or foreign state where the insurer has its principal place of business; and (2) the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent. (d) (1) In this subsection (A) the term class means all of the class members in a class action; (B) the term class action means any civil action filed under rule 23 of the Federal Rules of Civil Procedure or similar State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representative persons as a class action; (C) the term class certification order means an order issued by a court approving the treatment of some or all aspects of a civil action as a class action; and (D) the term class members means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action. (2) The district courts shall have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and is a class action in which (A) any member of a class of plaintiffs is a citizen of a State different from any defendant; (B) any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (C) any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state. (3) A district court may, in the interests of justice and looking at the totality of the circumstances, decline to exercise jurisdiction under paragraph (2) over a class action in which greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate and the primary defendants are citizens of the State in which the action was originally filed based on consideration of (A) whether the claims asserted involve matters of national or interstate interest; (B) whether the claims asserted will be governed by laws of the State in which the action was originally filed or by the laws of other States; (C) whether the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction; (D) whether the action was brought in a forum with a distinct nexus with the class members, the alleged harm, or the defendants; (E) whether the number of citizens of the State in which the action was originally filed in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other State, and the citizenship of the other members of the proposed class is dispersed among a substantial number of States; and (F) whether, during the 3-year period preceding the filing of that class action, 1 or more other class actions asserting the same or similar claims on behalf of the same or other persons have been filed. (4) A district court shall decline to exercise jurisdiction under paragraph (2) (A) (i) over a class action in which (I) greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed; (II) at least 1 defendant is a defendant (aa) from whom significant relief is sought by members of the plaintiff class; (bb) whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class; and (cc) who is a citizen of the State in which the action was originally filed; and (III) principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the State in which the action was originally filed; and (ii) during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons; or (B) two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the State in which the action was originally filed. (5) Paragraphs (2) through (4) shall not apply to any class action in which (A) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief; or (B) the number of members of all proposed plaintiff classes in the aggregate is less than 100. (6) In any class action, the claims of the individual class members shall be aggregated to determine whether the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs. (7) Citizenship of the members of the proposed plaintiff classes shall be determined for purposes of paragraphs (2) through (6) as of the date of filing of the complaint or amended complaint, or, if the case stated by the initial pleading is not subject to Federal jurisdiction, as of the date of service by plaintiffs of an amended pleading, motion, or other paper, indicating the existence of Federal jurisdiction. (8) This subsection shall apply to any class action before or after the entry of a class certification order by the court with respect to that action. (9) Paragraph (2) shall not apply to any class action that solely involves a claim (A) concerning a covered security as defined under 16(f)(3) 1 1 15 U.S.C. 78p(f)(3) 2 2 15 U.S.C. 78bb(f)(5)(E) (B) that relates to the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or (C) that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(1) (10) For purposes of this subsection and section 1453, an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized. (11) (A) For purposes of this subsection and section 1453, a mass action shall be deemed to be a class action removable under paragraphs (2) through (10) if it otherwise meets the provisions of those paragraphs. (B) (i) As used in subparagraph (A), the term mass action means any civil action (except a civil action within the scope of section 1711(2)) in which monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs claims involve common questions of law or fact, except that jurisdiction shall exist only over those plaintiffs whose claims in a mass action satisfy the jurisdictional amount requirements under subsection (a). (ii) As used in subparagraph (A), the term mass action shall not include any civil action in which (I) all of the claims in the action arise from an event or occurrence in the State in which the action was filed, and that allegedly resulted in injuries in that State or in States contiguous to that State; (II) the claims are joined upon motion of a defendant; (III) all of the claims in the action are asserted on behalf of the general public (and not on behalf of individual claimants or members of a purported class) pursuant to a State statute specifically authorizing such action; or (IV) the claims have been consolidated or coordinated solely for pretrial proceedings. (C) (i) Any action(s) removed to Federal court pursuant to this subsection shall not thereafter be transferred to any other court pursuant to section 1407, or the rules promulgated thereunder, unless a majority of the plaintiffs in the action request transfer pursuant to section 1407. (ii) This subparagraph will not apply (I) to cases certified pursuant to rule 23 of the Federal Rules of Civil Procedure; or (II) if plaintiffs propose that the action proceed as a class action pursuant to rule 23 of the Federal Rules of Civil Procedure. (D) The limitations periods on any claims asserted in a mass action that is removed to Federal court pursuant to this subsection shall be deemed tolled during the period that the action is pending in Federal court. (e) The word States, as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico. ( June 25, 1948, ch. 646 62 Stat. 930 July 26, 1956, ch. 740 70 Stat. 658 Pub. L. 85554,  2 July 25, 1958 72 Stat. 415 Pub. L. 88439,  1 Aug. 14, 1964 78 Stat. 445 Pub. L. 94583,  3 Oct. 21, 1976 90 Stat. 2891 Pub. L. 100702, title II Nov. 19, 1988 102 Stat. 4646 Pub. L. 104317, title II,  205(a) Oct. 19, 1996 110 Stat. 3850 Pub. L. 1092,  4(a) Feb. 18, 2005 119 Stat. 9 Pub. L. 11263, title I Dec. 7, 2011 125 Stat. 758  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(1) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 Other provisions of section 41(1) of title 28 Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship. (See annotations under former section 41 of title 28 section 1331 of this title section 1348 of this title Words all civil actions were substituted for all suits of a civil nature, at common law or in equity in order to conform to Rule 2 of the Federal Rules of Civil Procedure. Words or citizens of the District of Columbia, Territory of Hawaii, or Alaska, and any State or Territory which were inserted by the amendatory act April 20, 1940 The revised section conforms with the views of Philip F. Herrick, United States Attorney, Puerto Rico, who observed that the act of April 20, 1940 This changes the law to insure uniformity. The 1940 amendment applied only to the provision as to controversies between citizens of different States. The new definition in subsection (b) extends the 1940 amendment to apply to controversies between citizens of the Territories or the District of Columbia, and foreign states or citizens or subjects thereof. The diversity of citizenship language of section 41(1) of title 28 McGarry v. City of Bethlehem Winkler v. Daniels Glaeser v. Acacia Mutual Life Assn This section is intended to cover all diversity of citizenship instances in civil actions in accordance with the judicial construction of the language in the original section 41(1) of title 28 Citizens of a State, and citizens of other States and foreign states or citizens or subjects thereof; Citizens of a Territory or the District of Columbia, and foreign states or citizens or subjects thereof; Citizens of different States; Citizens of different Territories; Citizens of a State, and citizens of Territories; Citizens of a State or Territory, and citizens of the District of Columbia; Citizens of a State, and foreign states or citizens or subjects thereof. The revised section removes an uncertainty referred to in the McGarry case, supra, as to whether Congress intended to permit citizens of the Territories or the District of Columbia to sue a State or Territory itself rather than the citizens thereof. The court observed that Congress could hardly have had such intention. The sentence The foregoing provisions as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section was omitted as unnecessary. Those paragraphs are (2)(28) of said section 41 of title 28 Section 41(1) of title 28      Title Section  7 209 7 210 7 216 7 292 7 499g 7 608a(6) 7 608c(15)(B) 7 610(b)(2) 7 648 7 1175 7 13651367 7 1376 7 1508(c) 8 164 8 701 8 903 9 4 9 8 9 9 11 11(a) 11 46 11 205(a), ( l 11 401 11 511 11 512 11 514516 11 711 11 712 11 811 11 812 11 1011 11 1012 11 1013 11 1200 12 93 12 195 12 632 15 4 15 9 15 15 15 25 15 26 15 31 15 53 15 68e 15 77t 15 77v 15 77vvv 15 78u(e) 15 78u(f) 15 78aa 15 79k(d), (e) 15 79r(f), (g) 15 80a25 15 80a34 15 80a35 15 80a41(c), (e) 15 80a43 15 80b14 15 97 15 99 15 433 15 715d(c) 15 715i 15 717s 15 717u 16 10 16 583e 16 820 16 825m 16 825n 16 825p 17 26 17 34 21 193 21 332 21 355 25 314 25 345 26 3633 26 3800 27 207 29 101 29 103109 29 160(e) 29 216 29 217 30 188 31 232 33 495 33 918 33 921 35 63 35 66 35 67 35 72a 35 90 38 445 40 257 40 270b 40 361 41 113(b)(2) 42 405(c)(5), (g) 43 546 43 1062 45 56 45 88 45 89 45 153(p) 45 159 45 185 45 228j(b)4 45 228k 45 268 45 355(f) 46 597 46 688 46 711 46 741 et seq. 46 781 et seq. 46 941(c) 46 951 46 954 46 1114(c) 46 1128d 47 11 47 13 47 33 47 36 47 207 47 401 47 406 47 407 48 242 48 245 49 5(8) 49 9 49 16(2) 49 16(9) 49 16(12) 49 17(9) 49 19a( l 49 20(9) 49 23 49 26(h) 49 41(1), (3) 49 43 49 181(b), (c) 49 305(g) 49 322(b) 49 647 49 916 49 1017 49 1021 50 23 D.C. Code 1130511307 D.C. Code 11309 D.C. Code 11324 Editorial Notes  References in Text Rule 23 of the Federal Rules of Civil Procedure, referred to in subsec. (d)(1)(B), (11)(C)(ii), is set out in the Appendix to this title. Amendments 2011Subsec. (a). Pub. L. 11263,  101(1) Subsec. (a)(2). Pub. L. 11263,  101(2) Subsec. (c)(1). Pub. L. 11263,  102 2005Subsecs. (d), (e). Pub. L. 1092 1996Subsecs. (a), (b). Pub. L. 104317 1988Subsec. (a). Pub. L. 100702,  201(a) Pub. L. 100702,  203(a) Subsec. (b). Pub. L. 100702,  201(a) Subsec. (c). Pub. L. 100702,  202(a) section 1441 of this title Provided further 1976Subsec. (a)(2). Pub. L. 94583 Subsec. (a)(3). Pub. L. 94583 Subsec. (a)(4). Pub. L. 94583 1964Subsec. (c). Pub. L. 88439 1958 Pub. L. 85554 Subsec. (a). Pub. L. 85554 Subsecs. (b) to (d). Pub. L. 85554 1956Subsec. (b). Act July 26, 1956 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 11263, title I,  105 Dec. 7, 2011 125 Stat. 762  (a)  In General Subject to subsection (b), the amendments made by this title [enacting section 1455 of this title Dec. 7, 2011 (b)  Treatment of Cases Removed to Federal Court For purposes of subsection (a), an action or prosecution commenced in State court and removed to Federal court shall be deemed to commence on the date the action or prosecution was commenced, within the meaning of State law, in State court. Effective Date of 2005 Amendment Pub. L. 1092,  9 Feb. 18, 2005 119 Stat. 14 The amendments made by this Act [enacting chapter 114 and section 1453 of this title Feb. 18, 2005 Effective Date of 1996 Amendment Pub. L. 104317, title II,  205(b) Oct. 19, 1996 110 Stat. 3850 The amendment made by this section [amending this section] shall take effect 90 days after the date of enactment of this Act [ Oct. 19, 1996 Effective Date of 1988 Amendment Pub. L. 100702, title II,  201(b) Nov. 19, 1988 102 Stat. 4646 The amendments made by this section [amending this section] shall apply to any civil action commenced on or after the 180th day after the date of enactment of this title [ Nov. 19, 1988 Pub. L. 100702, title II,  202(b) Nov. 19, 1988 102 Stat. 4646 The amendment made by this section [amending this section] shall apply to any civil action commenced in or removed to a United States district court on or after the 180th day after the date of enactment of this title [ Nov. 19, 1988 Pub. L. 100702, title II,  203(b) Nov. 19, 1988 102 Stat. 4646 The amendment made by this section [amending this section] shall apply to claims in civil actions commenced in or removed to the United States district courts on or after the 180th day after the date of enactment of this title [ Nov. 19, 1988 Effective Date of 1976 Amendment Amendment by Pub. L. 94583 Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title Effective Date of 1964 Amendment Pub. L. 88439,  2 Aug. 14, 1964 78 Stat. 445 The amendment made by this Act to section 1332(c), title 28, United States Code, applies only to causes of action arising after the date of enactment of this Act [ Aug. 14, 1964 Effective Date of 1958 Amendment Amendment by Pub. L. 85554 July 25, 1958 section 3 of Pub. L. 85554 section 1331 of this title  1333. Admiralty, maritime and prize cases The district courts shall have original jurisdiction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. (2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize. ( June 25, 1948, ch. 646 62 Stat. 931 May 24, 1949, ch. 139,  79 63 Stat. 101  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  41(3) and 371 (3), (4) ( Mar. 3, 1911, ch. 231 36 Stat. 1091 Oct. 6, 1917, ch. 97 40 Stat. 395 June 10, 1922, ch. 216 42 Stat. 634 Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to seizures, are incorporated in section 1356 of this title The saving to suitors clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by substituting the words any other remedy to which he is otherwise entitled for the words the right of a common law remedy where the common law is competent to give it. The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity. Provisions of section 41(3) of title 28 Knickerbocker Ice Co. v. Stewart State of Washington v. W. C. Dawson & Co Words libellant or petitioner were substituted for suitors to describe moving party in admiralty cases. Changes were made in phraseology. 1949 Act This section amends section 1333(a)(1) of title 28 Editorial Notes Amendments 1949Subd. (1). Act May 24, 1949  1334. Bankruptcy cases and proceedings (a) Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11. (b) Except as provided in subsection (e)(2), and notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11. (c) (1) Except with respect to a case under chapter 15 of title 11, nothing in this section prevents a district court in the interest of justice, or in the interest of comity with State courts or respect for State law, from abstaining from hearing a particular proceeding arising under title 11 or arising in or related to a case under title 11. (2) Upon timely motion of a party in a proceeding based upon a State law claim or State law cause of action, related to a case under title 11 but not arising under title 11 or arising in a case under title 11, with respect to which an action could not have been commenced in a court of the United States absent jurisdiction under this section, the district court shall abstain from hearing such proceeding if an action is commenced, and can be timely adjudicated, in a State forum of appropriate jurisdiction. (d) Any decision to abstain or not to abstain made under subsection (c) (other than a decision not to abstain in a proceeding described in subsection (c)(2)) is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title section 362 of title 11 (e) The district court in which a case under title 11 is commenced or is pending shall have exclusive jurisdiction (1) of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate; and (2) over all claims or causes of action that involve construction of section 327 of title 11 ( June 25, 1948, ch. 646 62 Stat. 931 Pub. L. 95598, title II,  238(a) Nov. 6, 1978 92 Stat. 2667 Pub. L. 98353, title I,  101(a) July 10, 1984 98 Stat. 333 Pub. L. 99554, title I,  144(e) Oct. 27, 1986 100 Stat. 3096 Pub. L. 101650, title III,  309(b) Dec. 1, 1990 104 Stat. 5113 Pub. L. 103394, title I,  104(b) Oct. 22, 1994 108 Stat. 4109 Pub. L. 1098, title III,  324(a) Apr. 20, 2005 119 Stat. 98  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(19) and 371(6) ( Mar. 3, 1911, ch. 231 36 Stat. 1093 Changes in phraseology were made. Editorial Notes Amendments 2005Subsec. (b). Pub. L. 1098,  324(a)(1) Subsec. (c)(1). Pub. L. 1098,  802(c)(2) Subsec. (d). Pub. L. 1098,  1219 Subsec. (e). Pub. L. 1098,  324(a)(2) 1994Subsecs. (c)(2), (d). Pub. L. 103394,  104(b)(2) Subsec. (e). Pub. L. 103394,  104(b)(1) 1990Subsec. (c)(2). Pub. L. 101650 section 1254 of this title 1986Subsec. (d). Pub. L. 99554 1984 Pub. L. 98353 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Pub. L. 1098, title III,  324(b) Apr. 20, 2005 119 Stat. 98 This section [amending this section] shall only apply to cases filed after the date of enactment of this Act [ Apr. 20, 2005 Amendment by sections 802(c)(2) and 1219 of Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of Title 11 Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 302(a) of Pub. L. 99554 section 581 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 July 10, 1984 Pub. L. 98353 section 151 of this title Jurisdiction Over and Transfer of Bankruptcy Cases and Proceedings Pub. L. 98353, title I,  115 July 10, 1984 98 Stat. 343  (a) On the date of the enactment of this Act [ July 10, 1984 (1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bankruptcy] that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 Public Law 95598 92 Stat. 2687 section 151 of this title (2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 Public Law 95598 92 Stat. 2687 (b) On the date of the enactment of this Act [ July 10, 1984 section 405(c) of the Act of November 6, 1978 Public Law 95598 92 Stat. 2685 section 1471 of this title  1335. Interpleader (a) The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if (1) Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of section 1332 of this title (b) Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another. ( June 25, 1948, ch. 646 62 Stat. 931 Pub. L. 1092,  4(b)(1) Feb. 18, 2005 119 Stat. 12  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(26) ( Mar. 3, 1911, ch. 231,  24 Jan. 20, 1936, ch. 13,  1 49 Stat. 1096 Words civil action were substituted for suits in equity; word plaintiff was substituted for complainant; and word judgment was substituted for decree, in order to make the language of this section conform with the Federal Rules of Civil Procedure. The words duly verified following in the nature of interpleader, near the beginning of the section, were omitted. Under Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially required by statute. Although verification was specially required by section 41(26) of title 28 Provisions of section 41(26)(b) of title 28 section 1397 of this title Subsections (c) and (d) of said section 41(26) relating to issuance of injunctions constitute section 2361 of this title Subsection (e) of such section 41(26), relating to defense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes Amendments 2005Subsec. (a)(1). Pub. L. 1092 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1092 Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title  1336. Surface Transportation Boards orders (a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collection of fines, penalties, and forfeitures. (b) When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board arising out of such referral. (c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Surface Transportation Board becomes final. ( June 25, 1948, ch. 646 62 Stat. 931 Pub. L. 88513,  1 Aug. 30, 1964 78 Stat. 695 Pub. L. 93584,  1 Jan. 2, 1975 88 Stat. 1917 Pub. L. 97164, title I,  128 Apr. 2, 1982 96 Stat. 39 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 10488, title III,  305(a)(1) Dec. 29, 1995 109 Stat. 944  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(27), (28) ( Mar. 3, 1911, ch. 231 36 Stat. 1091 Oct. 22, 1913, ch. 32 38 Stat. 219 Words Except as otherwise provided by enactment of Congress were inserted because of certain similar cases of which the courts of appeals are given jurisdiction. (See, for example, section 21 of title 15 Words any civil action were substituted for all cases and cases in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes Amendments 1995 Pub. L. 10488 1992Subsec. (b). Pub. L. 102572 1982Subsec. (b). Pub. L. 97164 1975Subsec. (a). Pub. L. 93584 1964 Pub. L. 88513 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1975 Amendment Amendment by Pub. L. 93584 Jan. 2, 1975 section 10 of Pub. L. 93584 section 2321 of this title  1337. Commerce and antitrust regulations; amount in controversy, costs (a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies: Provided, however (b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. (c) The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under chapter 95 of this title. ( June 25, 1948, ch. 646 62 Stat. 931 Pub. L. 95486,  9(a) Oct. 20, 1978 92 Stat. 1633 Pub. L. 96417, title V,  505 Oct. 10, 1980 94 Stat. 1743 Pub. L. 97449,  5(f) Jan. 12, 1983 96 Stat. 2442 Pub. L. 10488, title III,  305(a)(3) Dec. 29, 1995 109 Stat. 944  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(8), (23) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Oct. 22, 1913, ch. 32 38 Stat. 219 Words civil action were substituted for suits, in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes Amendments 1995Subsecs. (a), (b). Pub. L. 10488 1983 Pub. L. 97449 section 11707 of title 49 49 U.S.C. 20(11) 49 U.S.C. 319 1980Subsec. (c). Pub. L. 96417 1978 Pub. L. 95486 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title  1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition (a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (b) The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws. (c) Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights. ( June 25, 1948, ch. 646 62 Stat. 931 Pub. L. 91577, title III,  143(b) Dec. 24, 1970 84 Stat. 1559 Pub. L. 100702, title X,  1020(a)(4) Nov. 19, 1988 102 Stat. 4671 Pub. L. 105304, title V,  503(b)(1) Oct. 28, 1998 112 Stat. 2917 Pub. L. 106113, div. B,  1000(a)(9) [title III,  3009(1)] Nov. 29, 1999 113 Stat. 1536 Pub. L. 11229,  19(a) Sept. 16, 2011 125 Stat. 331  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(7) and 371(5) ( Mar. 3, 1911, ch. 231 36 Stat. 1092 Section consolidates section 41(7) with section 371 (5) of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Words of any civil action were substituted for all suits at law or in equity and cases to conform section to Rule 2 of the Federal Rules of Civil Procedure. Word patents was substituted for patent-right in said section 371 (Fifth) of title 28, U.S.C., 1940 ed. Similar provisions respecting suits cognizable in district courts, including those of territories and possessions. (See section 34 of title 17 Subsection (b) is added and is intended to avoid piecemeal litigation to enforce common-law and statutory copyright, patent, and trade-mark rights by specifically permitting such enforcement in a single civil action in the district court. While this is the rule under Federal decisions, this section would enact it as statutory authority. The problem is discussed at length in Hurn v. Oursler Musher Foundation v. Alba Trading Co Editorial Notes Amendments 2011Subsec. (a). Pub. L. 11229 1999 Pub. L. 106113 1998 Pub. L. 105304,  503(b)(2)(A) Subsec. (c). Pub. L. 105304,  503(b)(1) 1988 Pub. L. 100702,  1020(a)(4)(B) Subsec. (c). Pub. L. 100702,  1020(a)(4)(A) 1970 Pub. L. 91577 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by Pub. L. 11229 Sept. 16, 2011 section 19(e) of Pub. L. 11229 section 1295 of this title Effective Date of 1970 Amendment Amendment by Pub. L. 91577 Dec. 24, 1970 section 141 of Pub. L. 91577 section 2321 of Title 7  1339. Postal matters  The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to the postal service. ( June 25, 1948, ch. 646 62 Stat. 932  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(6) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Changes were made in phraseology.  1340. Internal revenue; customs duties  The district courts shall have original jurisdiction of any civil action arising under any Act of Congress providing for internal revenue, or revenue from imports or tonnage except matters within the jurisdiction of the Court of International Trade. ( June 25, 1948, ch. 646 62 Stat. 932 Pub. L. 96417, title V,  501(21) Oct. 10, 1980 94 Stat. 1742  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(5) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 Words Customs Court were substituted for Court of Customs and Patent Appeals. Section 41(5) of title 28 section 251 of this title Words any civil action were substituted for all cases in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes Amendments 1980 Pub. L. 96417 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title  1341. Taxes by States  The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State. ( June 25, 1948, ch. 646 62 Stat. 932  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(1) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 This section restates the last sentence of section 41(1) of title 28 Other provisions of section 41(1) of title 28 Words at law or in equity before in the courts of such State were omitted as unnecessary. Words civil action were substituted for suit in view of Rule 2 of the Federal Rules of Civil Procedure. Words under State law were substituted for imposed by or pursuant to the laws of any State for the same reason.  1342. Rate orders of State agencies The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where: (1) Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and, (2) The order does not interfere with interstate commerce; and, (3) The order has been made after reasonable notice and hearing; and, (4) A plain, speedy and efficient remedy may be had in the courts of such State. ( June 25, 1948, ch. 646 62 Stat. 932  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(1) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 This section rearranges and restates the fourth sentence of section 41(1) of title 28 Other provisions of section 41(1) of title 28 Words at law or in equity before in the courts of such State were omitted as unnecessary. Words civil action were substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure. Word operation was substituted for enforcement, operation or execution for the same reason.  1343. Civil rights and elective franchise (a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42 (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote. (b) For purposes of this section (1) the District of Columbia shall be considered to be a State; and (2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. ( June 25, 1948, ch. 646 62 Stat. 932 Sept. 3, 1954, ch. 1263,  42 68 Stat. 1241 Pub. L. 85315, part III,  121 Sept. 9, 1957 71 Stat. 637 Pub. L. 96170,  2 Dec. 29, 1979 93 Stat. 1284  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(12), (13), and (14) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Words civil action were substituted for suits, suits at law or in equity in view of Rule 2 of the Federal Rules of Civil Procedure. Numerous changes were made in arrangement and phraseology. Editorial Notes Amendments 1979 Pub. L. 96170 1957 Pub. L. 85315 1954Act Sept. 3, 1954 section 1985 of Title 42 section 47 of Title 8 Statutory Notes and Related Subsidiaries Effective Date of 1979 Amendment Pub. L. 96170,  3 Dec. 29, 1979 93 Stat. 1284 The amendments made by this Act [amending this section and section 1983 of Title 42 Dec. 29, 1979  1344. Election disputes  The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, where in it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offering to vote, on account of race, color or previous condition of servitude. The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States. ( June 25, 1948, ch. 646 62 Stat. 932  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(15) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Words civil action were substituted for suits, in view of Rule 2 of the Federal Rules of Civil Procedure. Words United States Senator were added, as no reason appears for including Representatives and excluding Senators. Moreover, the Seventeenth amendment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based. Changes were made in phraseology.  1345. United States as plaintiff  Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress. ( June 25, 1948, ch. 646 62 Stat. 933  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(1) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 Other provisions of section 41(1) of title 28 Words civil actions, suits or proceedings were substituted for suits of a civil nature, at common law or in equity in view of Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure. Word agency was inserted in order that this section shall apply to actions by agencies of the Government and to conform with special acts authorizing such actions. (See definitive section 451 of this title The phrase Except as otherwise provided by Act of Congress, at the beginning of the section was inserted to make clear that jurisdiction exists generally in district courts in the absence of special provisions conferring it elsewhere. Changes were made in phraseology.  1346. United States as defendant (a) The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws; (2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. (b) (1) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945 (2) No person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence may bring a civil action against the United States or an agency, officer, or employee of the Government, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18 (c) The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section. (d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension. (e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1986. (f) The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States. (g) Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3 ( June 25, 1948, ch. 646 62 Stat. 933 Apr. 25, 1949, ch. 92,  2(a) 63 Stat. 62 May 24, 1949, ch. 139,  80(a) 63 Stat. 101 Oct. 31, 1951, ch. 655,  50(b) 65 Stat. 727 July 30, 1954, ch. 648,  1 68 Stat. 589 Pub. L. 85508,  12(e) July 7, 1958 72 Stat. 348 Pub. L. 88519 Aug. 30, 1964 78 Stat. 699 Pub. L. 89719, title II,  202(a) Nov. 2, 1966 80 Stat. 1148 Pub. L. 91350,  1(a) July 23, 1970 84 Stat. 449 Pub. L. 92562,  1 Oct. 25, 1972 86 Stat. 1176 Pub. L. 94455, title XII,  1204(c)(1) Oct. 4, 1976 90 Stat. 1697 Pub. L. 95563,  14(a) Nov. 1, 1978 92 Stat. 2389 Pub. L. 97164, title I,  129 Apr. 2, 1982 96 Stat. 39 Pub. L. 97248, title IV,  402(c)(17) Sept. 3, 1982 96 Stat. 669 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 104331,  3(b)(1) Oct. 26, 1996 110 Stat. 4069 Pub. L. 111350,  5(g)(6) Jan. 4, 2011 124 Stat. 3848 Pub. L. 1134, title XI,  1101(b) Mar. 7, 2013 127 Stat. 134  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  41(20), 931(a), 932 ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1093 Nov. 23, 1921, ch. 136,  1310(c) 42 Stat. 311 June 2, 1924, ch. 234,  1025(c) 43 Stat. 348 Feb. 24, 1925, ch. 309 43 Stat. 972 Feb. 26, 1926, ch. 27 44 Stat. 121 Aug. 2, 1946, ch. 753 60 Stat. 843 Section consolidates provisions of section 41(20) conferring jurisdiction upon the district court, in civil actions against the United States, with the first sentence of section 931(a) relating to jurisdiction of the district courts in tort claims cases, and those provisions of section 932 making the provisions of said section 41(20), relating to counterclaim and set-off, applicable to tort claims cases, all of title 28, U.S.C., 1940 ed. Provision in section 931(a) of title 28 Words commencing an action under this section in subsec. (c) of this revised section cover the provision in section 932 of title 28 The phrase in section 931(a) of title 28 January 1, 1945 Provisions in section 41(20) of title 28 Words in section 41(20) of title 28 44 Stat. 9 United States v. A. S. Kreider Co Words in section 41(20) of title 28 The revised section retains the language of section 41(20) of title 28 section 2402 of this title Lowe v. United States Manseau v. United States Combined Metals Reduction Co. v. United States The revised subsection (c)(1) omitted clause: but no suit pending on the 27th day of June 1898 shall abate or be affected by this provision, contained in section 41(20) of title 28 section 41(20) of title 28 The words in a civil action or in admiralty, in subsection (a)(2), were substituted for either in a court of law, equity, or admiralty to conform to Rule 2 of the Federal Rules of Civil Procedure. Words in section 41(20) in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable were omitted from subsection (a)(2) of this revised section as unnecessary. See revisers note under section 1491 of this title For jurisdiction of The Tax Court to review claims for refunds of processing taxes collected under the unconstitutional Agriculture Adjustment Act, see sections 644659 of title 7, U.S.C., 1940 ed., Agriculture, and the 1942 Revenue Act, Act Oct. 21, 1942, ch. 610, title V,  510(a) 56 Stat. 667 Lamborn v. United States See, also, revisers note under section 1491 of this title section 1402 of this title Minor changes were made in phraseology. Senate Revision Amendment The provision of title 28, U.S.C.,  932, which related to application of the Federal Rules of Civil Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, amendment No. 61. 1949 Act This section corrects typographical errors in section 1346(a)(1) of title 28 Editorial Notes  References in Text Sections 6226, 6228(a), 7426, 7428, and 7429 of the Internal Revenue Code of 1986, referred to in subsec. (e), are classified to sections 6226, 6228(a), 7426, 7428, and 7429, respectively, of Title 26, Internal Revenue Code. Section 6226 of Title 26 Pub. L. 11474, title XI,  1101(a) Nov. 2, 2015 129 Stat. 625 section 6234 of Title 26 Section 6228 of Title 26 Pub. L. 11474, title XI,  1101(a) Nov. 2, 2015 129 Stat. 625 Amendments 2013Subsec. (b)(2). Pub. L. 1134 section 2246 of title 18 2011Subsec. (a)(2). Pub. L. 111350 1996Subsec. (b). Pub. L. 104134 Subsec. (g). Pub. L. 104331 1992Subsec. (a). Pub. L. 102572 1986Subsec. (e). Pub. L. 99514 1982Subsec. (a). Pub. L. 97164 Subsec. (e). Pub. L. 97248 1978Subsec. (a)(2). Pub. L. 95563 1976Subsec. (e). Pub. L. 94455 1972Subsec. (f). Pub. L. 92562 1970Subsec. (a)(2). Pub. L. 91350 1966Subsec. (e). Pub. L. 89719 1964Subsec. (d). Pub. L. 88519 1958Subsec. (b). Pub. L. 85508 section 81A of this title 1954Subsec. (a)(1). Act July 30, 1954 1951Subsec. (d). Act Oct. 31, 1951 1949Subsec. (a)(1). Act May 24, 1949 Subsec. (b). Acts Apr. 25, 1949 May 24, 1949 January 1, 1945 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104331 Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97248 Sept. 3, 1982 Sept. 3, 1982 Pub. L. 97248 section 702 of Title 26 Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95563 Nov. 1, 1978 section 16 of Pub. L. 95563 Nov. 1, 1978 92 Stat. 2391 Effective Date of 1970 Amendment Pub. L. 91350,  2 July 23, 1970 84 Stat. 449  (a) In addition to granting jurisdiction over suits brought after the date of enactment of this Act [ July 23, 1970 section 1491 of this title July 23, 1970 (b) The provisions of subsection (a) of this section shall apply notwithstanding a determination or judgment made prior to the date of enactment of this Act that the United States district courts or the United States Court of Claims did not have jurisdiction to entertain a suit on an express or implied contract with a nonappropriated fund instrumentality of the United States described in section 1 of this Act. Effective Date of 1966 Amendment Pub. L. 89719, title II,  203 Nov. 2, 1966 80 Stat. 1149 The amendments made by this title [amending this section and sections 1402 and 2410 of this title] shall apply after the date of the enactment of this Act [ Nov. 2, 1966 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  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 section 542 of Title 6  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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  1347. Partition action where United States is joint tenant  The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition of lands where the United States is one of the tenants in common or joint tenants. ( June 25, 1948, ch. 646 62 Stat. 933  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(25) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1094 The venue provision in section 41(25) of title 28 section 1399 of this title Words civil action were substituted for suits in equity, in view of Rule 2 of the Federal Rules of Civil Procedure. A change was made in phraseology.  1348. Banking association as party  The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by such chapter. All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located. ( June 25, 1948, ch. 646 62 Stat. 933  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(16) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Words any civil action were substituted for all cases, in view of Rule 2 of the Federal Rules of Civil Procedure. Words real, personal, or mixed, and all suits in equity, after all other actions by or against them, were omitted as superfluous. Executive Documents  Exception as to Transfer of Functions Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950,  1, eff. July 31, 1950 64 Stat. 1280 section 321(c)(2) of Title 31  1349. Corporation organized under federal law as party  The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock. ( June 25, 1948, ch. 646 62 Stat. 934  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  42 ( Feb. 13, 1925, ch. 229,  12 43 Stat. 941 Words civil action were substituted for action or suit, in view of Rule 2 of the Federal Rules of Civil Procedure. Minor changes were made in phraseology.  1350. Aliens action for tort  The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. ( June 25, 1948, ch. 646 62 Stat. 934  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(17) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1093 Words civil action were substituted for suits, in view of Rule 2 of the Federal Rules of Civil Procedure. Changes in phraseology were made. Statutory Notes and Related Subsidiaries Torture Victim Protection Pub. L. 102256 Mar. 12, 1992 106 Stat. 73  SECTION 1. SHORT TITLE. This Act may be cited as the Torture Victim Protection Act of 1991. SEC. 2. ESTABLISHMENT OF CIVIL ACTION. (a)  Liability An individual who, under actual or apparent authority, or color of law, of any foreign nation (1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or (2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individuals legal representative, or to any person who may be a claimant in an action for wrongful death. (b)  Exhaustion of Remedies A court shall decline to hear a claim under this section if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred. (c)  Statute of Limitations No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose. SEC. 3. DEFINITIONS. (a)  Extrajudicial Killing For the purposes of this Act, the term extrajudicial killing means a deliberated killing not authorized by a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Such term, however, does not include any such killing that, under international law, is lawfully carried out under the authority of a foreign nation. (b)  Torture For the purposes of this Act (1) the term torture means any act, directed against an individual in the offenders custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and (2) mental pain or suffering refers to prolonged mental harm caused by or resulting from (A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or (D) the threat that another individual will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.  1351. Consuls, vice consuls, and members of a diplomatic mission as defendant The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against (1) consuls or vice consuls of foreign states; or (2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act). ( June 25, 1948, ch. 646 62 Stat. 934 May 24, 1949, ch. 139,  80(c) 63 Stat. 101 Pub. L. 95393,  8(a)(1) Sept. 30, 1978 92 Stat. 810  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(18), 371(8) ( Mar. 3, 1911, ch. 231 36 Stat. 1093 Words civil action were substituted for suits, and all suits and proceedings in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes  References in Text Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22 Amendments 1978 Pub. L. 95393 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95393 Sept. 30, 1978 section 9 of Pub. L. 95393 section 254a of Title 22  1352. Bonds executed under federal law  The district courts shall have original jurisdiction, concurrent with State courts, of any action on a bond executed under any law of the United States, except matters within the jurisdiction of the Court of International Trade under section 1582 of this title ( June 25, 1948, ch. 646 62 Stat. 934 Pub. L. 96417, title V,  506 Oct. 10, 1980 94 Stat. 1743  Historical and Revision Notes This section is necessary to permit actions in the district courts upon any bond authorized by a law of the United States. In the absence of this new provision, such actions could not be maintained except by the United States, where the amount and other jurisdictional requisites did not exist. The new section also makes clear that it does not affect the right to prosecute such actions in State courts. Editorial Notes Amendments 1980 Pub. L. 96417 section 1582 of this title Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(c)(1)(B) of Pub. L. 96417 section 251 of this title  1353. Indian allotments  The district courts shall have original jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty. The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands held on or before December 21, 1911 ( June 25, 1948, ch. 646 62 Stat. 934  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(24) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1094 Dec. 21, 1911, ch. 5 37 Stat. 46 Words any civil action were substituted for all actions, suits, or proceedings, in view of Rule 2 of the Federal Rules of Civil Procedure. The sentence The right of appeal shall be allowed to either party as in other cases was omitted as covered by section 1291 of this title Changes in phraseology were made.  1354. Land grants from different states  The district courts shall have original jurisdiction of actions between citizens of the same state claiming lands under grants from different states. ( June 25, 1948, ch. 646 62 Stat. 934  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(1) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 Other provisions of section 41(1) of title 28 Changes were made in phraseology.  1355. Fine, penalty or forfeiture (a) The district courts shall have original jurisdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or otherwise, incurred under any Act of Congress, except matters within the jurisdiction of the Court of International Trade under section 1582 of this title (b) (1) A forfeiture action or proceeding may be brought in (A) the district court for the district in which any of the acts or omissions giving rise to the forfeiture occurred, or (B) any other district where venue for the forfeiture action or proceeding is specifically provided for in section 1395 of this title (2) Whenever property subject to forfeiture under the laws of the United States is located in a foreign country, or has been detained or seized pursuant to legal process or competent authority of a foreign government, an action or proceeding for forfeiture may be brought as provided in paragraph (1), or in the United States District court 1 1 (c) In any case in which a final order disposing of property in a civil forfeiture action or proceeding is appealed, removal of the property by the prevailing party shall not deprive the court of jurisdiction. Upon motion of the appealing party, the district court or the court of appeals shall issue any order necessary to preserve the right of the appealing party to the full value of the property at issue, including a stay of the judgment of the district court pending appeal or requiring the prevailing party to post an appeal bond. (d) Any court with jurisdiction over a forfeiture action pursuant to subsection (b) may issue and cause to be served in any other district such process as may be required to bring before the court the property that is the subject of the forfeiture action. ( June 25, 1948, ch. 646 62 Stat. 934 Pub. L. 96417, title V,  507 Oct. 10, 1980 94 Stat. 1743 Pub. L. 102550, title XV,  1521 Oct. 28, 1992 106 Stat. 4062  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(9) and 371(2) ( Mar. 3, 1911, ch. 231 36 Stat. 1092 Word fine was inserted so that this section will apply to the many provisions in the United States Code for fines which are essentially civil. (See, also, section 2461 of this title Words pecuniary or otherwise were added to make this section expressly applicable to both pecuniary and property forfeitures. The original section was so construed in Miller v. United States Tyler v. Defrees The Rosemary Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102550 1980 Pub. L. 96417 section 1582 of this title Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(c)(1)(B) of Pub. L. 96417 section 251 of this title  1356. Seizures not within admiralty and maritime jurisdiction  The district courts shall have original jurisdiction, exclusive of the courts of the States, of any seizure under any law of the United States on land or upon waters not within admiralty and maritime jurisdiction, except matters within the jurisdiction of the Court of International Trade under section 1582 of this title ( June 25, 1948, ch. 646 62 Stat. 934 Pub. L. 96417, title V,  508 Oct. 10, 1980 94 Stat. 1743  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(3) and 371(4) ( Mar. 3, 1911, ch. 231 36 Stat. 1091 Oct. 6, 1917, ch. 97,  1 40 Stat. 395 June 10, 1922, ch. 216,  1 42 Stat. 634 Section consolidates certain provisions of sections 41(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of such sections are incorporated in section 1333 of this title Changes were made in arrangement and phraseology. Editorial Notes Amendments 1980 Pub. L. 96417 section 1582 of this title Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(c)(1)(B) of Pub. L. 96417 section 251 of this title  1357. Injuries under Federal laws  The district courts shall have original jurisdiction of any civil action commenced by any person to recover damages for any injury to his person or property on account of any act done by him, under any Act of Congress, for the protection or collection of any of the revenues, or to enforce the right of citizens of the United States to vote in any State. ( June 25, 1948, ch. 646 62 Stat. 934  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(11) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1092 Words any civil action were substituted for all suits, in view of Rule 2 of the Federal Rules of Civil Procedure. Minor changes were made in phraseology.  1358. Eminent domain  The district courts shall have original jurisdiction of all proceedings to condemn real estate for the use of the United States or its departments or agencies. ( June 25, 1948, ch. 646 62 Stat. 935  Historical and Revision Notes Based on section 257 of title 40 Aug. 1, 1888, ch. 728,  1 25 Stat. 357 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 The venue provisions of section 257 of title 40 section 1403 of this title Other provisions of section 257 of title 40 Changes were made in phraseology.  1359. Parties collusively joined or made  A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court. ( June 25, 1948, ch. 646 62 Stat. 935  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.  41(1) and 80 ( Mar. 3, 1911, ch. 231 36 Stat. 1091 May 14, 1934, ch. 283,  1 48 Stat. 775 Aug. 21, 1937, ch. 726,  1 50 Stat. 738 Apr. 20, 1940, ch. 117 54 Stat. 143 Other provisions of section 41(1) of title 28 Provisions of section 80 of title 28 section 1919 of this title section 1447 of this title Provisions of section 80 of title 28 The assignee clause in section 41(1) of title 28 The revised section changes this clause by confining its application to cases wherein the assignment is improperly or collusively made to invoke jurisdiction. Furthermore, the difficulty of applying the original clause is overcome and the original purpose of such clause is better served by substantially following section 80 of title 28 The assignee clause was incorporated in the original Judiciary Act of 1789. Such section 80 was enacted in 1875. The history of the assignee clause shows clearly that its purpose and effect, at the time of its enactment were to prevent the conferring of jurisdiction on the Federal courts, on grounds of diversity of citizenship, by assignment, in cases where it would not otherwise exist. ( Sowell v. Federal Reserve Bank Bullard v. City of Cisco  1360. State civil jurisdiction in actions to which Indians are parties (a) Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State:     State of Indian country affected  Alaska All Indian country within the State. California All Indian country within the State. Minnesota All Indian country within the State, except the Red Lake Reservation. Nebraska All Indian country within the State. Oregon All Indian country within the State, except the Warm Springs Reservation. Wisconsin All Indian country within the State. (b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein. (c) Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section. (Added Aug. 15, 1953, ch. 505,  4 67 Stat. 589 Aug. 24, 1954, ch. 910,  2 68 Stat. 795 Pub. L. 85615,  2 Aug. 8, 1958 72 Stat. 545 Pub. L. 95598, title II,  239 Nov. 6, 1978 92 Stat. 2668 Pub. L. 98353, title I,  110 July 10, 1984 98 Stat. 342  Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98353 1978Subsec. (a). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1958Subsec. (a). Pub. L. 85615 1954Subsec. (a). Act Aug. 24, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title Amendment of State Constitutions To Remove Legal Impediment; Effective Date Act Aug. 15, 1953, ch. 505,  6 67 Stat. 590 Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act [adding this section and section 1162 of Title 18 Provided Consent of United States to Other States To Assume Jurisdiction Act Aug. 15, 1953, ch. 505,  7 67 Stat. 590 section 1162 of Title 18 section 403(b) of Pub. L. 90284 Apr. 11, 1968 82 Stat. 79 Retrocession of jurisdiction by State acquired by State pursuant to section 7 of Act Aug. 15, 1953 section 1323 of Title 25 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1361. Action to compel an officer of the United States to perform his duty  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. 87748,  1(a) Oct. 5, 1962 76 Stat. 744  1362. Indian tribes  The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States. (Added Pub. L. 89635,  1 Oct. 10, 1966 80 Stat. 880  1363. Jurors employment rights  The district courts shall have original jurisdiction of any civil action brought for the protection of jurors employment under section 1875 of this title (Added Pub. L. 95572,  6(b)(1) Nov. 2, 1978 92 Stat. 2457  Editorial Notes Prior Provisions A prior section 1363 was renumbered section 1366 of this title Statutory Notes and Related Subsidiaries Effective Date Pub. L. 95572,  7 Nov. 2, 1978 92 Stat. 2457  (a) Except as provided in subsection (b) of this section, the amendments made by this Act [enacting this section and section 1875, renumbering section 1363, relating to construction of references to laws of the United States or Acts of Congress, as section 1364, and amending sections 1863, 1865, 1866, 1869, and 1871 of this title] shall apply with respect to any grand or petit juror summoned for service or actually serving on or after the date of enactment of this Act [ Nov. 2, 1978 (b) The amendment made by section 5 of this Act [amending section 1871 of this title Nov. 2, 1978  1364. Direct actions against insurers of members of diplomatic missions and their families (a) The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ( 22 U.S.C. 254a(3) February 13, 1946 (b) Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose. (Added Pub. L. 95393,  7(a) Sept. 30, 1978 92 Stat. 809 Pub. L. 97241, title II,  203(b)(4) Aug. 24, 1982 96 Stat. 291 Pub. L. 100204, title I,  138(a) Dec. 22, 1987 101 Stat. 1347  Editorial Notes Codification Two other sections 1364 were renumbered sections 1365 and 1366 of this title. Amendments 1987Subsec. (a). Pub. L. 100204 1982Subsec. (a). Pub. L. 97241 22 U.S.C. 254a(3) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Pub. L. 100204, title I,  138(b) Dec. 22, 1987 101 Stat. 1347 The amendment made by subsection (a) [amending this section] shall apply to the first tortious act or omission occurring after the date of enactment of this Act [ Dec. 22, 1987 Effective Date of 1982 Amendment Amendment by Pub. L. 97241 Oct. 1, 1982 section 204 of Pub. L. 97241 section 4301 of Title 22 Effective Date Section effective at end of ninety-day period beginning on Sept. 30, 1978 section 9 of Pub. L. 95393 section 254a of Title 22  1365. Senate actions (a) The United States District Court for the District of Columbia shall have original jurisdiction, without regard to the amount in controversy, over any civil action brought by the Senate or any authorized committee or subcommittee of the Senate to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal or failure to comply with, any subpena or order issued by the Senate or committee or subcommittee of the Senate to any entity acting or purporting to act under color or authority of State law or to any natural person to secure the production of documents or other materials of any kind or the answering of any deposition or interrogatory or to secure testimony or any combination thereof. This section shall not apply to an action to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal to comply with, any subpena or order issued to an officer or employee of the executive branch of the Federal Government acting within his or her official capacity, except that this section shall apply if the refusal to comply is based on the assertion of a personal privilege or objection and is not based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government. (b) Upon application by the Senate or any authorized committee or subcommittee of the Senate, the district court shall issue an order to an entity or person refusing, or failing to comply with, or threatening to refuse or not to comply with, a subpena or order of the Senate or committee or subcommittee of the Senate requiring such entity or person to comply forthwith. Any refusal or failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a contempt thereof. A contempt proceeding shall be commenced by an order to show cause before the court why the entity or person refusing or failing to obey the court order should not be held in contempt of court. Such contempt proceeding shall be tried by the court and shall be summary in manner. The purpose of sanctions imposed as a result of such contempt proceeding shall be to compel obedience to the order of the court. Process in any such action or contempt proceeding may be served in any judicial district wherein the entity or party refusing, or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpenas for witnesses who are required to attend such proceeding may run into any other district. Nothing in this section shall confer upon such court jurisdiction to affect by injunction or otherwise the issuance or effect of any subpena or order of the Senate or any committee or subcommittee of the Senate or to review, modify, suspend, terminate, or set aside any such subpena or order. An action, contempt proceeding, or sanction brought or imposed pursuant to this section shall not abate upon adjournment sine die by the Senate at the end of a Congress if the Senate or the committee or subcommittee of the Senate which issued the subpena or order certifies to the court that it maintains its interest in securing the documents, answers, or testimony during such adjournment. [(c) Repealed. Pub. L. 98620, title IV,  402(29)(D) Nov. 8, 1984 98 Stat. 3359 (d) The Senate or any committee or subcommittee of the Senate commencing and prosecuting a civil action or contempt proceeding under this section may be represented in such action by such attorneys as the Senate may designate. (e) A civil action commenced or prosecuted under this section, may not be authorized pursuant to the Standing Order of the Senate authorizing suits by Senate Committees (S. Jour. 572, May 28, 1928 (f) For the purposes of this section the term committee includes standing, select, or special committees of the Senate established by law or resolution. (Added Pub. L. 95521, title VII,  705(f)(1) Oct. 26, 1978 92 Stat. 1879 Pub. L. 98620, title IV,  402(29)(D) Nov. 8, 1984 98 Stat. 3359 Pub. L. 99336,  6(a)(1)(B) June 19, 1986 100 Stat. 638 Pub. L. 104292,  4 Oct. 11, 1996 110 Stat. 3460  Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104292 1984Subsec. (c). Pub. L. 98620 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of this title Effective Date Section effective Jan. 3, 1979 section 717 of Pub. L. 95521 section 288 of Title 2  1366. Construction of references to laws of the United States or Acts of Congress  For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia. (Added Pub. L. 91358, title I,  172(c)(1) July 29, 1970 84 Stat. 590 Pub. L. 95572,  6(b)(1) Nov. 2, 1978 92 Stat. 2456 Pub. L. 99336,  6(a)(1)(C) June 19, 1986 100 Stat. 639  1367. Supplemental jurisdiction (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title (c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if (1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction. (d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. (e) As used in this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (Added Pub. L. 101650, title III,  310(a) Dec. 1, 1990 104 Stat. 5113  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Pub. L. 101650, title III,  310(c) Dec. 1, 1990 104 Stat. 5114 The amendments made by this section [enacting this section] shall apply to civil actions commenced on or after the date of the enactment of this Act [ Dec. 1, 1990  1368. Counterclaims in unfair practices in international trade.  The district courts shall have original jurisdiction of any civil action based on a counterclaim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing partys claim in the proceeding under section 337(a) of that Act. (Added Pub. L. 103465, title III,  321(b)(3)(A) Dec. 8, 1994 108 Stat. 4946  Editorial Notes  References in Text Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19 Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to complaints filed under section 1337 of Title 19 Jan. 1, 1995 section 1337 of Title 19 section 322 of Pub. L. 103465 section 1337 of Title 19  1369. Multiparty, multiforum jurisdiction (a)  In General The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if (1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; (2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or (3) substantial parts of the accident took place in different States. (b)  Limitation of Jurisdiction of District Courts The district court shall abstain from hearing any civil action described in subsection (a) in which (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. (c)  Special Rules and Definitions For purposes of this section (1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in section 1603(a) of this title (2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; (3) the term injury means (A) physical harm to a natural person; and (B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; (4) the term accident means a sudden accident, or a natural event culminating in an accident, that results in death incurred at a discrete location by at least 75 natural persons; and (5) the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (d)  Intervening Parties In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. (e)  Notification of Judicial Panel on Multidistrict Litigation A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action. (Added Pub. L. 107273, div. C, title I,  11020(b)(1)(A) Nov. 2, 2002 116 Stat. 1826  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 107273, div. C, title I,  11020(c) Nov. 2, 2002 116 Stat. 1829 The amendments made by subsection (b) [enacting this section and sections 1697 and 1785 of this title and amending sections 1391 and 1441 of this title] shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of the enactment of this Act [ Nov. 2, 2002 CHAPTER 87 DISTRICT COURTS; VENUE    Sec.  1390. Scope.  1391. Venue generally.  [ 1392 1393. Repealed.]  1394. Banking associations action against Comptroller of Currency.  1395. Fine, penalty or forfeiture.  1396. Internal revenue taxes.  1397. Interpleader.  1398. Interstate Commerce Commissions orders.  1399. Partition action involving United States.  1400. Patents and copyrights, mask works, and designs.  1401. Stockholders derivative action.  1402. United States as defendant.  1403. Eminent domain.  1404. Change of venue.  1405. Creation or alteration of district or division.  1406. Cure or waiver of defects.  1407. Multidistrict litigation.  1408. Venue of cases under title 11.  1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11.  1410. Venue of cases ancillary to foreign proceedings.  1411. Jury trials.  1412. Change of venue.  1413. Venue of cases under chapter 5 of title 3.  Editorial Notes Amendments 2011 Pub. L. 11263, title II Dec. 7, 2011 125 Stat. 763 1998 Pub. L. 105304, title V,  503(c)(3) Oct. 28, 1998 112 Stat. 2917 1996 Pub. L. 104331,  3(b)(2)(B) Oct. 26, 1996 110 Stat. 4069 1988 Pub. L. 100702, title X,  1001(a) Nov. 19, 1988 102 Stat. 4664 1984 Pub. L. 98353, title I,  102(b) July 10, 1984 98 Stat. 335 1978 Pub. L. 95598, title II,  240(b) Nov. 6, 1978 92 Stat. 2668 section 402(b) of Pub. L. 95598 section 101 of Title 11 1968 Pub. L. 90296,  2 Apr. 29, 1968 82 Stat. 110  1390. Scope (a)  Venue Defined As used in this chapter, the term venue refers to the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or restriction of subject-matter jurisdiction providing for a civil action to be adjudicated only by the district court for a particular district or districts. (b)  Exclusion of Certain Cases Except as otherwise provided by law, this chapter shall not govern the venue of a civil action in which the district court exercises the jurisdiction conferred by section 1333, except that such civil actions may be transferred between district courts as provided in this chapter. (c)  Clarification Regarding Cases Removed From State Courts This chapter shall not determine the district court to which a civil action pending in a State court may be removed, but shall govern the transfer of an action so removed as between districts and divisions of the United States district courts. (Added Pub. L. 11263, title II,  201(a) Dec. 7, 2011 125 Stat. 762  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 11263, title II,  205 Dec. 7, 2011 125 Stat. 764  The amendments made by this title [enacting this section, amending sections 1391 and 1404 of this title, and repealing section 1392 of this title (1) shall take effect upon the expiration of the 30-day period beginning on the date of the enactment of this Act [ Dec. 7, 2011 (2) shall apply to (A) any action that is commenced in a United States district court on or after such effective date; and (B) any action that is removed from a State court to a United States district court and that had been commenced, within the meaning of State law, on or after such effective date.  1391. Venue generally (a)  Applicability of Section Except as otherwise provided by law (1) this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. (b)  Venue in General A civil action may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the courts personal jurisdiction with respect to such action. (c)  Residency For all venue purposes (1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled; (2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the courts personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and (3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants. (d)  Residency of Corporations in States With Multiple Districts For purposes of venue under this chapter, in a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts. (e)  Actions Where Defendant Is Officer or Employee of the United States. (1)  In general A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, or the United States, may, except as otherwise provided by law, be brought in any judicial district in which (A) a defendant in the action resides, (B) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (C) the plaintiff resides if no real property is involved in the action. Additional persons may be joined as parties to any such action in accordance with the Federal Rules of Civil Procedure and with such other venue requirements as would be applicable if the United States or one of its officers, employees, or agencies were not a party. (2)  Service The summons and complaint in such an action shall be served as provided by the Federal Rules of Civil Procedure except that the delivery of the summons and complaint to the officer or agency as required by the rules may be made by certified mail beyond the territorial limits of the district in which the action is brought. (f)  Civil Actions Against a Foreign State A civil action against a foreign state as defined in section 1603(a) of this title (1) in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; (2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under section 1605(b) of this title (3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in section 1603(b) of this title (4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof. (g)  Multiparty, Multiforum Litigation A civil action in which jurisdiction of the district court is based upon section 1369 of this title ( June 25, 1948, ch. 646 62 Stat. 935 Pub. L. 87748,  2 Oct. 5, 1962 76 Stat. 744 Pub. L. 88234 Dec. 23, 1963 77 Stat. 473 Pub. L. 89714 Nov. 2, 1966 80 Stat. 1111 Pub. L. 94574,  3 Oct. 21, 1976 90 Stat. 2721 Pub. L. 94583,  5 Oct. 21, 1976 90 Stat. 2897 Pub. L. 100702, title X,  1013(a) Nov. 19, 1988 102 Stat. 4669 Pub. L. 101650, title III,  311 Dec. 1, 1990 104 Stat. 5114 Pub. L. 102198,  3 Dec. 9, 1991 105 Stat. 1623 Pub. L. 102572, title V,  504 Oct. 29, 1992 106 Stat. 4513 Pub. L. 10434,  1 Oct. 3, 1995 109 Stat. 293 Pub. L. 107273, div. C, title I,  11020(b)(2) Nov. 2, 2002 116 Stat. 1827 Pub. L. 11263, title II,  202 Dec. 7, 2011 125 Stat. 763  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  111, 112 ( Mar. 3, 1911, ch. 231 36 Stat. 1101 Sept. 19, 1922, ch. 345 42 Stat. 849 Mar. 4, 1925, ch. 526,  1 43 Stat. 1264 Apr. 16, 1936, ch. 230 49 Stat. 1213 Section consolidates section 111 of title 28 The portion of section 112 of title 28 Provision in section 111 of title 28 Word action was substituted for suit in view of Rule 2 of the Federal Rules of Civil Procedure. Word reside was substituted for whereof he is an inhabitant for clarity inasmuch as inhabitant and resident are synonymous. (See Ex parte Shaw Standard Stoker Co., Inc. v. Lower Edgewater Realty Co. v. Tennessee Coal, Iron & Railroad Co Reference to all plaintiffs and all defendants were substituted for references to the plaintiff and the defendant, in view of many decisions holding that the singular terms were used in a collective sense. (See Smith v. Lyon Hooe v. Jamieson Fetzer v. Livermore In subsection (c), references to defendants found within a district or voluntarily appearing were omitted. The use of the word found made section 111 of title 28 Camp v. Gress Subsection (d) of this section is added to give statutory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp conflict of decisions. (See Sandusky Foundry & Machine Co. v. DeLavand Keating v. Pennsylvania Co Changes were made in phraseology. Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to this title. Amendments 2011Subsecs. (a) to (d). Pub. L. 11263,  202(1) Subsec. (e). Pub. L. 11263,  202(2) Subsec. (f). Pub. L. 11263,  202(3) Subsec. (g). Pub. L. 11263,  202(4) 2002Subsec. (g). Pub. L. 107273 1995Subsec. (a)(3). Pub. L. 10434 1992Subsec. (a)(3). Pub. L. 102572 1991Subsec. (b). Pub. L. 102198 1990Subsec. (a). Pub. L. 101650,  311(1) Subsec. (b). Pub. L. 101650,  311(2) Subsec. (e). Pub. L. 101650,  311(3) 1988Subsec. (c). Pub. L. 100702 1976Subsec. (e). Pub. L. 94574 Subsec. (f). Pub. L. 94583 1966Subsec. (a). Pub. L. 89714,  1 Subsec. (b). Pub. L. 89714,  1 Subsec. (f). Pub. L. 89714,  2 1963Subsec. (f). Pub. L. 88234 1962Subsec. (e). Pub. L. 87748 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by Pub. L. 11263 Dec. 7, 2011 section 205 of Pub. L. 11263 section 1390 of this title Effective Date of 2002 Amendment Amendment by Pub. L. 107273 Nov. 2, 2002 section 11020(c) of Pub. L. 107273 section 1369 of this title Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1988 Amendment Pub. L. 100702, title X,  1013(b) Nov. 19, 1988 102 Stat. 4669 The amendment made by this section [amending this section] takes effect 90 days after the date of enactment of this title [ Nov. 19, 1988 Effective Date of 1976 Amendment Amendment by Pub. L. 94583 Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title [ 1392. Repealed. Pub. L. 11263,  203 Dec. 7, 2011 125 Stat. 764   Section, act June 25, 1948, ch. 646 62 Stat. 935 Pub. L. 104220,  1 Oct. 1, 1996 110 Stat. 3023 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 11263 Dec. 7, 2011 section 205 of Pub. L. 11263 section 1390 of this title [ 1393. Repealed. Pub. L. 100702, title X,  1001(a) Nov. 19, 1988 102 Stat. 4664   Section, act June 25, 1948, ch. 646 62 Stat. 935 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 100702, title X,  1001(b) Nov. 19, 1988 102 Stat. 4664 The amendments made by this section [repealing this section] take effect 90 days after the date of enactment of this Act [ Nov. 19, 1988  1394. Banking associations action against Comptroller of Currency  Any civil action by a national banking association to enjoin the Comptroller of the Currency, under the provisions of any Act of Congress relating to such associations, may be prosecuted in the judicial district where such association is located. ( June 25, 1948, ch. 646 62 Stat. 935  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  110 ( Mar. 3, 1911, ch. 231,  49 36 Stat. 1100 Words Any civil action were substituted for All proceedings, in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Executive Documents  Exception as to Transfer of Functions Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950,  1, eff. July 31, 1950 64 Stat. 1280 section 321(c)(2) of Title 31  1395. Fine, penalty or forfeiture (a) A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found. (b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found. (c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought. (d) A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested. (e) Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted. ( June 25, 1948, ch. 646 62 Stat. 936  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  104, 106, 107, and 108, and section 3745(c) of title 26 Mar. 3, 1911, ch. 231 36 Stat. 1100 Feb. 10, 1939, ch. 2,  3745(c) 53 Stat. 460 This section consolidates section 3745(c) of title 26 section 104 of title 28 section 3745(c) of title 26 section 108 of title 28 Subsection (b) substituted words may be prosecuted in any district where such property is found for shall be prosecuted in the district where the seizure is made, to include not only property seized, but also all other property subject to forfeiture. Words civil and fine were inserted to make this section applicable to the many provisions of the United States Code for fines essentially civil. (See revisers note under section 1355 of this title Provisions of section 3745(c) of title 26 section 1355 of this title Subsection (d) was added for completeness and clarity. Changes were made in phraseology. Senate Revision Amendment While section 3745(c) of Title 26  1396. Internal revenue taxes  Any civil action for the collection of internal revenue taxes may be brought in the district where the liability for such tax accrues, in the district of the taxpayers residence, or in the district where the return was filed. ( June 25, 1948, ch. 646 62 Stat. 936  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  105, and section 3744 of title 26 Mar. 3, 1911, ch. 231,  44 36 Stat. 1100 Feb. 10, 1939, ch. 2,  3744 53 Stat. 460 Section consolidates section 3744 of title 26 section 105 of title 28 Words or in the district where the return was filed are new. This extension of venue will permit of an action in a district easily determinable for collection of revenue earned in several districts, or States, but the return for which is filed with one collector. Changes were made in phraseology. Senate Revision Amendment While section 3744 of Title 26  1397. Interpleader  Any civil action of interpleader or in the nature of interpleader under section 1335 of this title ( June 25, 1948, ch. 646 62 Stat. 936  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(26) ( Mar. 3, 1911, ch. 231,  24 Jan. 20, 1936, ch. 13,  1 49 Stat. 1096 Provisions of section 41(26) of title 28 section 1335 of this title section 2361 of this title Words civil action were substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.  1398. Interstate Commerce Commissions orders (a) Except as otherwise provided by law, a civil action brought under section 1336(a) of this title (b) A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the United States Court of Federal Claims, shall be brought only in the court which referred the question or issue. ( June 25, 1948, ch. 646 62 Stat. 936 Pub. L. 88513,  2 Aug. 30, 1964 78 Stat. 695 Pub. L. 93584,  2 Jan. 2, 1975 88 Stat. 1917 Pub. L. 97164, title I,  130 Apr. 2, 1982 96 Stat. 39 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  43 ( Oct. 22, 1913, ch. 32 38 Stat. 219 This section is completely rewritten to give effect to changes recommended by the Judicial Conference of the United States. Section 43 of title 28  43. Venue of suits relating to orders of Interstate Commerce Commission. The venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition the order was made, except that where the order does not relate to transportation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in court has either its principal office or its principal operating office. In case such transportation relates to a through shipment the term destination shall be construed as meaning final destination of such shipment. The amendment of section 207 of title 28 Except as otherwise provided in the Act entitled An Act to Regulate Commerce, approved February 4, 1887 The revised section substitutes the words Except as otherwise provided by law for the words of the conference bill, in the act entitled An Act to Regulate Commerce, approved February 4, 1887 section 16 of title 49 Editorial Notes Amendments 1992Subsec. (b). Pub. L. 102572 1982Subsec. (b). Pub. L. 97164 1975Subsec. (a). Pub. L. 93584 section 1336(a) of this title 1964 Pub. L. 88513 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1975 Amendment Amendment by Pub. L. 93584 Jan. 2, 1975 section 10 of Pub. L. 93584 section 2321 of this title  Abolition of Interstate Commerce Commission and Transfer of Functions Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 10488 Jan. 1, 1996 section 1302 of Title 49 section 101 of Pub. L. 10488 section 1301 of Title 49 section 205 of Pub. L. 10488 section 1301 of Title 49  1399. Partition action involving United States  Any civil action by any tenant in common or joint tenant for the partition of lands, where the United States is one of the tenants in common or joint tenants, may be brought only in the judicial district where such lands are located or, if located in different districts in the same State, in any of such districts. ( June 25, 1948, ch. 646 62 Stat. 936  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(25) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1094 Provisions of section 41(25) of title 28 section 1347 of this title Words civil action were substituted for suits in equity, in view of Rule 2 of the Federal Rules of Civil Procedure. Provision with respect to property in different districts was added to conform with section 1392 of this title Changes were made in phraseology.  1400. Patents and copyrights, mask works, and designs (a) Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works or designs may be instituted in the district in which the defendant or his agent resides or may be found. (b) Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. ( June 25, 1948, ch. 646 62 Stat. 936 Pub. L. 100702, title X,  1020(a)(5) Nov. 19, 1988 102 Stat. 4671 Pub. L. 105304, title V,  503(c)(1) Oct. 28, 1998 112 Stat. 2917 Pub. L. 10644,  2(a) Aug. 5, 1999 113 Stat. 223  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  109, and section 35 of title 17 Mar. 4, 1909, ch. 320,  35 35 Stat. 1084 Mar. 3, 1911, ch. 231,  48 36 Stat. 1100 Section consolidates section 35 of title 17 section 109 of title 28 Subsection (b) is based on section 109 of title 28 Words civil action were substituted for suit, and words in law or in equity, after shall have jurisdiction were deleted, in view of Rule 2 of the Federal Rules of Civil Procedure. Words in subsection (b) where the defendant resides were substituted for of which the defendant is an inhabitant. A corresponding change was made in subsection (a). Words inhabitant and resident, as respects venue, are synonymous. (See revisers note under section 1391 of this title Words whether a person, partnership, or corporation before has committed were omitted as surplusage. The provisions of section 109 of title 28 section 1694 of this title Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see section 72a of title 35 Senate Revision Amendment Title 17 of the United States Code was enacted into positive law by act July 30, 1947, ch. 391 61 Stat. 652 Based on Title 28, U.S.C., 1940 ed.,  109 ( Mar. 3, 1911, ch. 231,  48 36 Stat. 1100 section 111 of Title 17 section 111 of Title 17 Editorial Notes Amendments 1999 Pub. L. 10644 1998 Pub. L. 105304,  503(c)(2) Subsec. (a). Pub. L. 105304,  503(c)(1) 1988Subsec. (a). Pub. L. 100702  1401. Stockholders derivative action  Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants. ( June 25, 1948, ch. 646 62 Stat. 936  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  112 (part) ( Mar. 3, 1911, ch. 231,  51 36 Stat. 1101 Sept. 19, 1922, ch. 345 42 Stat. 849 Mar. 4, 1925, ch. 526,  1 43 Stat. 1264 Apr. 16, 1936, ch. 230 49 Stat. 1213 For disposition of other provisions of section 112 of title 28 section 1391 of this title Words civil action were substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure. Words other than said corporation, after same defendants, were omitted as superfluous. Obviously a corporation would not be suing itself. Changes were made in phraseology.  1402. United States as defendant (a) Any civil action in a district court against the United States under subsection (a) of section 1346 of this title (1) Except as provided in paragraph (2), in the judicial district where the plaintiff resides; (2) In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial district in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division. (b) Any civil action on a tort claim against the United States under subsection (b) of section 1346 of this title (c) Any civil action against the United States under subsection (e) of section 1346 of this title (d) Any civil action under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States shall be brought in the district court of the district where the property is located or, if located in different districts, in any of such districts. ( June 25, 1948, ch. 646 62 Stat. 937 Pub. L. 85920 Sept. 2, 1958 72 Stat. 1770 Pub. L. 89719, title II,  202(b) Nov. 2, 1966 80 Stat. 1149 Pub. L. 92562,  2 Oct. 25, 1972 86 Stat. 1176 Pub. L. 97164, title I,  131 Apr. 2, 1982 96 Stat. 39  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  762, 931(a) ( Mar. 3, 1887, ch. 359,  5 24 Stat. 506 Aug. 2, 1946, ch. 753,  410(a) 60 Stat. 843 Section consolidates the venue provisions of section 762 of title 28 section 1346(b) of this title Provisions of section 762 of title 28 Section 265 of title 28 Words civil action were substituted for suit in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes Amendments 1982Subsec. (a). Pub. L. 97164 1972Subsec. (d). Pub. L. 92562 1966Subsec. (c). Pub. L. 89719 1958Subsec. (a). Pub. L. 85920 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1966 Amendment Amendment by Pub. L. 89719 Nov. 2, 1966 section 203 of Pub. L. 89719 section 1346 of this title  1403. Eminent domain  Proceedings to condemn real estate for the use of the United States or its departments or agencies shall be brought in the district court of the district where the land is located or, if located in different districts in the same State, in any of such districts. ( June 25, 1948, ch. 646 62 Stat. 937  Historical and Revision Notes Based on section 257 of title 40 Aug. 1, 1888, ch. 728,  1 25 Stat. 357 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Section constitutes the first clause of the second sentence of section 257, of title 40, U.S.C., 1940 ed. The revised section is expressive of the purpose of such section 257 with necessary changes in phraseology. The jurisdiction provision of section 257 of title 40 section 1358 of this title The remainder of section 257 of title 40 Provision with respect to property in different districts was added to conform with section 1392 of this title See, also, section 1392 of this title  1404. Change of venue (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. (b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the division in which pending to any other division in the same district. Transfer of proceedings in rem brought by or on behalf of the United States may be transferred under this section without the consent of the United States where all other parties request transfer. (c) A district court may order any civil action to be tried at any place within the division in which it is pending. (d) Transfers from a district court of the United States to the District Court of Guam, the District Court for the Northern Mariana Islands, or the District Court of the Virgin Islands shall not be permitted under this section. As otherwise used in this section, the term district court includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term district includes the territorial jurisdiction of each such court. ( June 25, 1948, ch. 646 62 Stat. 937 Pub. L. 87845,  9 Oct. 18, 1962 76A Stat. 699 Pub. L. 104317, title VI,  610(a) Oct. 19, 1996 110 Stat. 3860 Pub. L. 11263, title II,  204 Dec. 7, 2011 125 Stat. 764  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  119, 163 ( Mar. 3, 1911, ch. 231,  58 36 Stat. 1103 Sept. 8, 1916, ch. 475,  5 39 Stat. 851 Section consolidates sections 119 and 163 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology and substance. Section 119 of title 28 Subsection (a) was drafted in accordance with the doctrine of forum non conveniens, permitting transfer to a more convenient forum, even though the venue is proper. As an example of the need of such a provision, see Baltimore & Ohio R. Co. v. Kepner Sections 143, 172, 177, and 181 of title 28, U.S.C., 1940 ed., relating to the district courts of Arizona, Montana, New Mexico, and Ohio, contained special provisions similar to subsection (b), applicable to those States. To establish uniformity, the general language of such subsection has been drafted and the special provisions of those sections omitted. Subsection (b) is based upon section 163 of title 28 Editorial Notes Amendments 2011Subsec. (a). Pub. L. 11263,  204(1) Subsec. (d). Pub. L. 11263,  204(2) 1996Subsec. (d). Pub. L. 104317 1962Subsec. (d). Pub. L. 87845 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by Pub. L. 11263 Dec. 7, 2011 section 205 of Pub. L. 11263 section 1390 of this title Effective Date of 1996 Amendment Pub. L. 104317, title VI,  610(c) Oct. 19, 1996 110 Stat. 3861 The amendments made by this section [amending this section and section 1406 of this title Oct. 19, 1996 Effective Date of 1962 Amendment Amendment by Pub. L. 87845 Jan. 2, 1963 section 25 of Pub. L. 87845 section 414 of this title  1405. Creation or alteration of district or division  Actions or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the action or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct. ( June 25, 1948, ch. 646 62 Stat. 937  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  121 ( Mar. 3, 1911, ch. 231,  59 36 Stat. 1103 Enforcement of liens in like circumstances is provided by section 1656 of this title Remainder of section 121 of title 28 Changes were made in phraseology.  1406. Cure or waiver of defects (a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought. (b) Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue. (c) As used in this section, the term district court includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term district includes the territorial jurisdiction of each such court. ( June 25, 1948, ch. 646 62 Stat. 937 May 24, 1949, ch. 139,  81 63 Stat. 101 Pub. L. 86770,  1 Sept. 13, 1960 74 Stat. 912 Pub. L. 87845,  10 Oct. 18, 1962 76A Stat. 699 Pub. L. 97164, title I,  132 Apr. 2, 1982 96 Stat. 39 Pub. L. 104317, title VI,  610(b) Oct. 19, 1996 110 Stat. 3860  Historical and Revision Notes 1948 Act Subsection (a) provides statutory sanction for transfer instead of dismissal, where venue is improperly laid. Subsection (b) is declaratory of existing law. (See Panama R.R. Co. v. Johnson 1949 Act This section removes an ambiguity in section 1406(a) of title 28 section 1406(a) of this title Editorial Notes Amendments 1996Subsec. (c). Pub. L. 104317 1982Subsecs. (c), (d). Pub. L. 97164 1962Subsec. (d). Pub. L. 87845 1960Subsec. (c). Pub. L. 86770 1949Subsec. (a). Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104317 Oct. 19, 1996 section 610(c) of Pub. L. 104317 section 1404 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1962 Amendment Amendment by Pub. L. 87845 Jan. 2, 1962 section 25 of Pub. L. 87845 section 414 of this title Effective Date of 1960 Amendment Pub. L. 86770,  4 Sept. 13, 1960 74 Stat. 913 The amendments made by sections 1 and 2 of this Act [adding subsec. (c) of this section and section 1506 of this title Sept. 13, 1960  1407. Multidistrict litigation (a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however (b) Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings. (c) Proceedings for the transfer of an action under this section may be initiated by (i) the judicial panel on multidistrict litigation upon its own initiative, or (ii) motion filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court in which the moving partys action is pending. The panel shall give notice to the parties in all actions in which transfers for coordinated or consolidated pretrial proceedings are contemplated, and such notice shall specify the time and place of any hearing to determine whether such transfer shall be made. Orders of the panel to set a hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed in the office of the clerk of the district court in which a transfer hearing is to be or has been held. The panels order of transfer shall be based upon a record of such hearing at which material evidence may be offered by any party to an action pending in any district that would be affected by the proceedings under this section, and shall be supported by findings of fact and conclusions of law based upon such record. Orders of transfer and such other orders as the panel may make thereafter shall be filed in the office of the clerk of the district court of the transferee district and shall be effective when thus filed. The clerk of the transferee district court shall forthwith transmit a certified copy of the panels order to transfer to the clerk of the district court from which the action is being transferred. An order denying transfer shall be filed in each district wherein there is a case pending in which the motion for transfer has been made. (d) The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel. (e) No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of title 28, section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the court of appeals having jurisdiction over the district in which a hearing is to be or has been held. Petitions for an extraordinary writ to review an order to transfer or orders subsequent to transfer shall be filed only in the court of appeals having jurisdiction over the transferee district. There shall be no appeal or review of an order of the panel denying a motion to transfer for consolidated or coordinated proceedings. (f) The panel may prescribe rules for the conduct of its business not inconsistent with Acts of Congress and the Federal Rules of Civil Procedure. (g) Nothing in this section shall apply to any action in which the United States or a State is a complainant arising under the antitrust laws. Antitrust laws as used herein include those acts referred to in the Act of October 15, 1914 38 Stat. 730 15 U.S.C. 12 June 19, 1936 49 Stat. 1526 15 U.S.C. 13 September 26, 1914 March 21, 1938 52 Stat. 116 15 U.S.C. 56 (Added Pub. L. 90296,  1 Apr. 29, 1968 82 Stat. 109 Pub. L. 94435, title III,  303 Sept. 30, 1976 90 Stat. 1396 Pub. L. 117328, div. GG, title III,  301 Dec. 29, 2022 136 Stat. 5970  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to this title. Amendments 2022Subsec. (g). Pub. L. 117328,  301(1) section 4A of the Act of October 15, 1914 July 7, 1955 69 Stat. 282 15 U.S.C. 15a Subsec. (h). Pub. L. 117328,  301(2) 1976 Pub. L. 94435  1408. Venue of cases under title 11 Except as provided in section 1410 of this title (1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or (2) in which there is pending a case under title 11 concerning such persons affiliate, general partner, or partnership. (Added Pub. L. 98353, title I,  102(a) July 10, 1984 98 Stat. 334  Editorial Notes Prior Provisions A prior section 1408, added by Pub. L. 95598, title II,  240(a) Nov. 6, 1978 92 Stat. 2668 section 402(b) of Pub. L. 95598 section 101 of Title 11 Statutory Notes and Related Subsidiaries Effective Date Section effective July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title  1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11 (a) Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending. (b) Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 1 1 1 (c) Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the district court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced. (d) A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought. (e) A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending. (Added Pub. L. 98353, title I,  102(a) July 10, 1984 98 Stat. 334 Pub. L. 1098, title IV,  410 Apr. 20, 2005 119 Stat. 106 Pub. L. 11654,  3(b) Aug. 23, 2019 133 Stat. 1085  Editorial Notes Amendments 2019Subsec. (b). Pub. L. 11654 2005Subsec. (b). Pub. L. 1098 Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment Amendment by Pub. L. 11654 Aug. 23, 2019 section 5 of Pub. L. 11654 section 101 of Title 11 Effective Date of 2005 Amendment Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date Section effective July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title Court Rules and Judicial Documents Adjustment of Dollar Amounts The dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to section 104 of Title 11 By notice dated Jan. 31, 2022 Apr. 1, 2022 section 104 of Title 11 By notice dated Feb. 5, 2019 Apr. 1, 2019 By notice dated Feb. 16, 2016 Apr. 1, 2016 By notice dated Feb. 12, 2013 Apr. 1, 2013 By notice dated Feb. 19, 2010 Apr. 1, 2010 By notice dated Feb. 7, 2007 Apr. 1, 2007 Pub. L. 11654  1410. Venue of cases ancillary to foreign proceedings A case under chapter 15 of title 11 may be commenced in the district court of the United States for the district (1) in which the debtor has its principal place of business or principal assets in the United States; (2) if the debtor does not have a place of business or assets in the United States, in which there is pending against the debtor an action or proceeding in a Federal or State court; or (3) in a case other than those specified in paragraph (1) or (2), in which venue will be consistent with the interests of justice and the convenience of the parties, having regard to the relief sought by the foreign representative. (Added Pub. L. 98353, title I,  102(a) July 10, 1984 98 Stat. 335 Pub. L. 1098, title VIII,  802(c)(4) Apr. 20, 2005 119 Stat. 146  Editorial Notes Amendments 2005 Pub. L. 1098 section 304 of title 11 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date Section effective July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title  1411. Jury trials (a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim. (b) The district court may order the issues arising under section 303 of title 11 (Added Pub. L. 98353, title I,  102(a) July 10, 1984 98 Stat. 335  Statutory Notes and Related Subsidiaries Effective Date Section effective July 10, 1984 July 10, 1984 Pub. L. 98353 section 151 of this title  1412. Change of venue  A district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties. (Added Pub. L. 98353, title I,  102(a) July 10, 1984 98 Stat. 335  Statutory Notes and Related Subsidiaries Effective Date Section effective July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title  1413. Venue of cases under chapter 5 of title 3  Notwithstanding the preceding provisions of this chapter, a civil action under section 1346(g) may be brought in the United States district court for the district in which the employee is employed or in the United States District Court for the District of Columbia. (Added Pub. L. 104331,  3(b)(2)(A) Oct. 26, 1996 110 Stat. 4069  Editorial Notes Codification Pub. L. 104331,  3(b)(2)(A) Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title CHAPTER 89 DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS    Sec.  1441. Removal of civil actions.  1442. Federal officers and agencies sued or prosecuted. 1 1  1442a. Members of armed forces sued or prosecuted.  1443. Civil rights cases.  1444. Foreclosure action against United States.  1445. Nonremovable actions.  1446. Procedure for removal of civil actions.  1447. Procedure after removal generally.  1448. Process after removal.  1449. State court record supplied.  1450. Attachment or sequestration; securities.  1451. Definitions.  1452. Removal of claims related to bankruptcy cases.  1453. Removal of class actions.  1454. Patent, plant variety protection, and copyright cases.  1455. Procedure for removal of criminal prosecutions.  Editorial Notes Amendments 2011 Pub. L. 11263, title I,  103(d)(1) Dec. 7, 2011 125 Stat. 762 Pub. L. 11229,  19(c)(2) Sept. 16, 2011 125 Stat. 332 2005 Pub. L. 1092,  5(b) Feb. 18, 2005 119 Stat. 13 1996 Pub. L. 104317, title II,  206(b) Oct. 19, 1996 110 Stat. 3850 1984 Pub. L. 98353, title I,  103(b) July 10, 1984 98 Stat. 335 1970 Pub. L. 91358, title I,  172(d)(2) July 29, 1970 84 Stat. 591 1958 Pub. L. 85554,  5(b) July 25, 1958 72 Stat. 416 1956 Act Aug. 10, 1956, ch. 1041,  19(b) 70A Stat. 627  1441. Removal of civil actions (a)  Generally Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. (b)  Removal Based on Diversity of Citizenship (1) In determining whether a civil action is removable on the basis of the jurisdiction under section 1332(a) of this title (2) A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title (c)  Joinder of Federal Law Claims and State Law Claims (1) If a civil action includes (A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title (B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B). (2) Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed. Only defendants against whom a claim described in paragraph (1)(A) has been asserted are required to join in or consent to the removal under paragraph (1). (d)  Actions Against Foreign States Any civil action brought in a State court against a foreign state as defined in section 1603(a) of this title (e)  Multiparty, Multiforum Jurisdiction (1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if (A) the action could have been brought in a United States district court under section 1369 of this title (B) the defendant is a party to an action which is or could have been brought, in whole or in part, under section 1369 in a United States district court and arises from the same accident as the action in State court, even if the action to be removed could not have been brought in a district court as an original matter. The removal of an action under this subsection shall be made in accordance with section 1446 of this title (2) Whenever an action is removed under this subsection and the district court to which it is removed or transferred under section 1407(j) 1 1 Section 1407 of this title (3) Any remand under paragraph (2) shall not be effective until 60 days after the district court has issued an order determining liability and has certified its intention to remand the removed action for the determination of damages. An appeal with respect to the liability determination of the district court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the district court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination shall not be subject to further review by appeal or otherwise. (4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. (5) An action removed under this subsection shall be deemed to be an action under section 1369 and an action in which jurisdiction is based on section 1369 of this title (6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum. (f)  Derivative Removal Jurisdiction The court to which a civil action is removed under this section is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have jurisdiction over that claim. ( June 25, 1948, ch. 646 62 Stat. 937 Pub. L. 94583,  6 Oct. 21, 1976 90 Stat. 2898 Pub. L. 99336,  3(a) June 19, 1986 100 Stat. 637 Pub. L. 100702, title X,  1016(a) Nov. 19, 1988 102 Stat. 4669 Pub. L. 101650, title III,  312 Dec. 1, 1990 104 Stat. 5114 Pub. L. 102198,  4 Dec. 9, 1991 105 Stat. 1623 Pub. L. 107273, div. C, title I,  11020(b)(3) Nov. 2, 2002 116 Stat. 1827 Pub. L. 11263, title I,  103(a) Dec. 7, 2011 125 Stat. 759  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  71, 114 ( Mar. 3, 1911, ch. 231 36 Stat. 1094 Jan. 20, 1914, ch. 11 38 Stat. 278 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Section consolidates removal provisions of sections 71 and 114 of title 28, U.S.C., 1940 ed., and is intended to resolve ambiguities and conflicts of decisions. Phrases such as in suits of a civil nature, at law or in equity, the words case, cause, suit, and the like have been omitted and the words civil action substituted in harmony with Rules 2 and 81(c) of the Federal Rules of Civil Procedure. Ambiguous phrases such as the District Court of the United States for the proper district have been clarified by the substitution of the phrase the district and division embracing the place where such action is pending. (See General Investment Co. v. Lake Shore & M.S. Ry. Co All the provisions with reference to removal of controversies between citizens of different States because of inability, from prejudice or local influence, to obtain justice, have been discarded. These provisions, born of the bitter sectional feelings engendered by the Civil War and the Reconstruction period, have no place in the jurisprudence of a nation since united by three wars against foreign powers. Indeed, the practice of removal for prejudice or local influence has not been employed much in recent years. Subsection (c) has been substituted for the provision in section 71 of title 28 This quoted language has occasioned much confusion. The courts have attempted to distinguish between separate and separable controversies, a distinction which is sound in theory but illusory in substance. (See 41 Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.) Subsection (c) permits the removal of a separate cause of action but not of a separable controversy unless it constitutes a separate and independent claim or cause of action within the original jurisdiction of United States District Courts. In this respect it will somewhat decrease the volume of Federal litigation. Rules 18, 20, and 23 of the Federal Rules of Civil Procedure permit the most liberal joinder of parties, claims, and remedies in civil actions. Therefore there will be no procedural difficulty occasioned by the removal of the entire action. Conversely, if the court so desires, it may remand to the State court all nonremovable matters. The provisions of section 71 of title 28 section 20 of title 49 section 1445 of this title Editorial Notes Amendments 2011 Pub. L. 11263,  103(a)(1) Subsec. (a). Pub. L. 11263,  103(a)(2) Subsec. (b). Pub. L. 11263,  103(a)(3) Subsec. (c). Pub. L. 11263,  103(a)(4) section 1331 of this title Subsec. (d). Pub. L. 11263,  103(a)(5) Subsec. (e). Pub. L. 11263,  103(a)(6) Subsec. (f). Pub. L. 11263,  103(a)(7) 2002Subsecs. (e), (f). Pub. L. 107273 1991Subsec. (c). Pub. L. 102198 1990Subsec. (c). Pub. L. 101650 section 1331 of this title 1988Subsec. (a). Pub. L. 100702 1986Subsec. (e). Pub. L. 99336 1976Subsec. (d). Pub. L. 94583 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by Pub. L. 11263 Dec. 7, 2011 section 105 of Pub. L. 11263 section 1332 of this title Effective Date of 2002 Amendment Amendment by Pub. L. 107273 Nov. 2, 2002 section 11020(c) of Pub. L. 107273 section 1369 of this title Effective Date of 1986 Amendment Pub. L. 99336,  3(b) June 19, 1986 100 Stat. 637 The amendment made by this section [amending this section] shall apply with respect to claims in civil actions commenced in State courts on or after the date of the enactment of this section [ June 19, 1986 Effective Date of 1976 Amendment Amendment by Pub. L. 94583 Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1442. Federal officers or agencies sued or prosecuted (a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending: (1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue. (2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States. (3) Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties; (4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House. (b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process. (c) Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer (1) protected an individual in the presence of the officer from a crime of violence; (2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or (3) prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury. (d) In this section, the following definitions apply: (1) The terms civil action and criminal prosecution include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court. (2) The term crime of violence has the meaning given that term in section 16 of title 18 (3) The term law enforcement officer means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 (4) The term serious bodily injury has the meaning given that term in section 1365 of title 18 (5) The term State includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18 (6) The term State court includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court. ( June 25, 1948, ch. 646 62 Stat. 938 Pub. L. 104317, title II,  206(a) Oct. 19, 1996 110 Stat. 3850 Pub. L. 11251,  2(a) Nov. 9, 2011 125 Stat. 545 Pub. L. 112239, div. A, title X,  1087 Jan. 2, 2013 126 Stat. 1969  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  76 and 77 ( Mar. 3, 1911, ch. 231 36 Stat. 1097 Aug. 23, 1916, ch. 399 39 Stat. 532 Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed. The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28 The procedural provisions of section 76 of title 28 Changes were made in phraseology. Editorial Notes Amendments 2013Subsecs. (c), (d). Pub. L. 112239 2011Subsec. (a). Pub. L. 11251,  2(a)(1) Subsec. (a)(1). Pub. L. 11251,  2(b)(1) Subsec. (a)(3), (4). Pub. L. 11251,  2(b)(2) Subsec. (c). Pub. L. 11251,  2(a)(2) 1996 Pub. L. 104317,  206(a)(1) Subsec. (a). Pub. L. 104317,  206(a)(2)  1442a. Members of armed forces sued or prosecuted  A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States for the district where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause. (Added Aug. 10, 1956, ch. 1041,  19(a) 70A Stat. 626  Editorial Notes Derivation Section was from the Uniform Code of Military Justice, act May 5, 1950, ch. 169,  9 64 Stat. 146 act June 4, 1920, ch. 227 41 Stat. 811 June 24, 1948, ch. 625 62 Stat. 642  1443. Civil rights cases Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law. ( June 25, 1948, ch. 646 62 Stat. 938  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  74 ( Mar. 3, 1911, ch. 231,  31 36 Stat. 1096 Other provisions of section 74 of title 28 Words or in the part of the State where such suit or prosecution is pending after courts of such States, were omitted as unnecessary. Changes were made in phraseology.  1444. Foreclosure action against United States  Any action brought under section 2410 of this title ( June 25, 1948, ch. 646 62 Stat. 938 May 24, 1949, ch. 139,  82 63 Stat. 101  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  903 ( Mar. 4, 1931, ch. 515,  3 46 Stat. 1529 The procedural provisions of section 903 of title 28 section 1446 of this title Changes were made in phraseology. 1949 Act This section corrects typographical errors in section 1444 of title 28 Editorial Notes Amendments 1949Act May 24, 1949  1445. Nonremovable actions (a) A civil action in any State court against a railroad or its receivers or trustees, arising under sections 14 and 510 of the Act of April 22, 1908 45 U.S.C. 5154 (b) A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs. (c) A civil action in any State court arising under the workmens compensation laws of such State may not be removed to any district court of the United States. (d) A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States. ( June 25, 1948, ch. 646 62 Stat. 939 Pub. L. 85554,  5 July 25, 1958 72 Stat. 415 Pub. L. 95473,  2(a)(3)(A) Oct. 17, 1978 92 Stat. 1465 Pub. L. 95486,  9(b) Oct. 20, 1978 92 Stat. 1634 Pub. L. 103322, title IV,  40302(e)(5) Sept. 13, 1994 108 Stat. 1942 Pub. L. 10488, title III,  305(b) Dec. 29, 1995 109 Stat. 944 Pub. L. 104287,  3 Oct. 11, 1996 110 Stat. 3388  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  71 ( Mar. 3, 1911, ch. 231,  28 36 Stat. 1094 Jan. 20, 1914, ch. 11 38 Stat. 278 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 The words or its receivers or trustees were inserted in both subsections to make clear that nonremovable actions against a carrier do not become removable under section 1442 of this title This was the unquestioned rule prior to the act of Aug. 23, 1916, ch. 399 39 Stat. 532 section 76 of title 28 A reference in section 71 of title 28 Other provisions of section 71 of title 28 section 1441 of this title Changes were made in phraseology. Editorial Notes  References in Text Section 40302 of the Violence Against Women Act of 1994, referred to in subsec. (d), is section 40302 of title IV of Pub. L. 103322 section 12361 of Title 34 Amendments 1996Subsec. (a). Pub. L. 104287 April 22, 1908 45 U.S.C. 5154 1995Subsec. (b). Pub. L. 10488 1994Subsec. (d). Pub. L. 103322 1978Subsec. (b). Pub. L. 95486 Pub. L. 95473 section 11707 of title 49 section 20 of Title 49 1958 Pub. L. 85554 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104287 July 5, 1994 section 8(1) of Pub. L. 104287 section 5303 of Title 49 Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1958 Amendment Amendment by Pub. L. 85554 July 25, 1958 section 3 of Pub. L. 85554 section 1331 of this title  1446. Procedure for removal of civil actions (a)  Generally A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. (b)  Requirements; Generally (1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter. (2) (A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action. (B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal. (C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal. (3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable. (c)  Requirements; Removal Based on Diversity of Citizenship (1) A case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action. (2) If removal of a civil action is sought on the basis of the jurisdiction conferred by section 1332(a), the sum demanded in good faith in the initial pleading shall be deemed to be the amount in controversy, except that (A) the notice of removal may assert the amount in controversy if the initial pleading seeks (i) nonmonetary relief; or (ii) a money judgment, but the State practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded; and (B) removal of the action is proper on the basis of an amount in controversy asserted under subparagraph (A) if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds the amount specified in section 1332(a). (3) (A) If the case stated by the initial pleading is not removable solely because the amount in controversy does not exceed the amount specified in section 1332(a), information relating to the amount in controversy in the record of the State proceeding, or in responses to discovery, shall be treated as an other paper under subsection (b)(3). (B) If the notice of removal is filed more than 1 year after commencement of the action and the district court finds that the plaintiff deliberately failed to disclose the actual amount in controversy to prevent removal, that finding shall be deemed bad faith under paragraph (1). (d)  Notice to Adverse Parties and State Court Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded. (e)  Counterclaim in Proceeding With respect to any counterclaim removed to a district court pursuant to section 337(c) of the Tariff Act of 1930, the district court shall resolve such counterclaim in the same manner as an original complaint under the Federal Rules of Civil Procedure, except that the payment of a filing fee shall not be required in such cases and the counterclaim shall relate back to the date of the original complaint in the proceeding before the International Trade Commission under section 337 of that Act. (g)  1 1 ( June 25, 1948, ch. 646 62 Stat. 939 May 24, 1949, ch. 139,  83 63 Stat. 101 Pub. L. 89215 Sept. 29, 1965 79 Stat. 887 Pub. L. 9578,  3 July 30, 1977 91 Stat. 321 Pub. L. 100702, title X,  1016(b) Nov. 19, 1988 102 Stat. 4669 Pub. L. 102198,  10(a) Dec. 9, 1991 105 Stat. 1626 Pub. L. 103465, title III,  321(b)(2) Dec. 8, 1994 108 Stat. 4946 Pub. L. 104317, title VI,  603 Oct. 19, 1996 110 Stat. 3857 Pub. L. 11251,  2(c) Nov. 9, 2011 125 Stat. 545 Pub. L. 11263, title I Dec. 7, 2011 125 Stat. 760  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  72, 74, 75, 76 ( May 3, 1911, ch. 231 36 Stat. 1095 Aug. 23, 1916, ch. 399 39 Stat. 532 July 30, 1977 Pub. L. 9578,  3 91 Stat. 321 Section consolidates portions of sections 74, 75, and 76 with section 72 of title 28 Subsection (a), providing for the filing of the removal petition in the district court, is substituted for the requirement of sections 72 and 74 of title 28, U.S.C., 1940 ed., that the petition be filed in the State court. This conforms to the method prescribed by section 76 of title 28 Subsection (b) makes uniform the time for filing petitions to remove all civil actions within twenty days after commencement of action or service of process whichever is later, instead of at any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead as required by section 72 of title 28 Subsection (c) embodies the provisions of sections 74 and 76 of title 28, U.S.C., 1940 ed., for filing the removal petition before trial and makes them applicable to all criminal prosecutions but not to civil actions. This provision was retained to protect Federal officers enforcing revenue or criminal laws from being rushed to trial in State courts before petition for removal could be filed. Words or final hearing following the words before trial, were omitted for purposes of clarity and simplification of procedure. The provision of said section 76 of title 28 Subsection (d) is derived from sections 72 and 74 of title 28, U.S.C., 1940 ed., but the requirement for cost bond is limited to civil actions in conformity with the more enlightened trend of modern procedure to remove all unnecessary impediments to the administration of criminal justice. Provisions of said section 72 as to the conditions of the bond were rewritten because inappropriate when the petition for removal is filed in the Federal court. Subsection (e) provides for notice to the adverse parties and for the filing in the State court of a copy of the petition for removal in substitution for the requirements of sections 72 and 74 of title 28, U.S.C., 1940 ed., for the filing of the removal petition in the State court. The last sentence of subsection (e) is derived from sections 72, 74 and 76 of title 28, U.S.C., 1940 ed. Subsection (f) is derived from sections 75 and 76 of title 28, U.S.C., 1940 ed. Since the procedure in removal cases is now governed by the Federal Rules of Civil Procedure [Rule 81(c)] and Federal Rules of Criminal Procedure [Rule 54(b)], the detailed directions of the various sections with respect to such procedure were omitted as unnecessary. Thus the provision of section 72 of title 28 The provisions of section 74 of title 28 section 1450 of this title The requirements of section 74 of title 28 section 1447 of this title The provisions of section 74 of title 28 section 1447(d) of this title 1949 Act Subsection (b) of section 1446 of title 28 The first paragraph of the amendment to subsection (b) corrects this situation by providing that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiffs initial pleading. This provision, however, without more, would create further difficulty in those States, such as Kentucky, where suit is commenced by the filing of the plaintiffs initial pleading and the issuance and service of a summons without any requirement that a copy of the pleading be served upon or otherwise furnished to the defendant. Accordingly the first paragraph of the amendment provides that in such cases the petition for removal shall be filed within 20 days after the service of the summons. The first paragraph of the amendment conforms to the amendment of rule 81(c) of the Federal Rules of Civil Procedure, relating to removed actions, adopted by the Supreme Court on December 29, 1948 The second paragraph of the amendment to subsection (b) is intended to make clear that the right of removal may be exercised at a later stage of the case if the initial pleading does not state a removable case but its removability is subsequently disclosed. This is declaratory of the existing rule laid down by the decisions. (See for example, Powers v. Chesapeake etc., Ry. Co In addition, this amendment clarifies the intent of section 1446(e) of title 28 Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsecs. (a) and (e), are set out in the Appendix to this title. Section 337 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section 1337 of Title 19 Amendments 2011 Pub. L. 11263,  103(b)(1) Subsec. (a). Pub. L. 11263,  103(b)(2) Subsec. (b). Pub. L. 11263,  103(b)(3)(A) section 1332 of this title Subsec. (b)(1). Pub. L. 11263,  103(b)(4)(B) Subsec. (c). Pub. L. 11263,  103(b)(3)(C) Subsec. (d). Pub. L. 11263,  103(b)(4)(A) Subsecs. (e), (f). Pub. L. 11263,  103(b)(4)(C) Subsec. (g). Pub. L. 11263,  104 Pub. L. 11251 1996Subsec. (c)(1). Pub. L. 104317 1994Subsec. (f). Pub. L. 103465 1991Subsec. (c)(1). Pub. L. 102198,  10(a)(1) Subsec. (c)(2). Pub. L. 102198,  10(a)(1) Subsec. (c)(3). Pub. L. 102198,  10(a)(1) Subsec. (c)(4), (5). Pub. L. 102198,  10(a)(3) (4) The United States district court to which such petition is directed shall examine the petition promptly. If it clearly appears on the face of the petition and any exhibits annexed thereto that the petition for removal should not be granted, the court shall make an order for its summary dismissal. (5) If the United States district court does not order the summary dismissal of such petition, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the petition as justice shall require. If the United States district court determines that such petition shall be granted, it shall so notify the State court in which prosecution is pending, which shall proceed no further. Subsec. (d). Pub. L. 102198,  10(a)(1) 1988Subsec. (a). Pub. L. 100702,  1016(b)(1) Subsec. (b). Pub. L. 100702,  1016(b)(2) section 1332 of this title Subsecs. (d) to (f). Pub. L. 100702,  1016(b)(3) 1977Subsec. (c). Pub. L. 9578,  3(a) Subsec. (e). Pub. L. 9578,  3(b) 1965Subsec. (b). Pub. L. 89215 1949Subsec. (b). Act May 24, 1949 Subsec. (e). Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by Pub. L. 11263 Dec. 7, 2011 section 105 of Pub. L. 11263 section 1332 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103465 section 1337 of Title 19 Jan. 1, 1995 section 1337 of Title 19 section 322 of Pub. L. 103465 section 1337 of Title 19 Effective Date of 1977 Amendment Amendment by Pub. L. 9578 Oct. 1, 1977 section 4 of Pub. L. 9578 Pub. L. 9578 section 2074 of this title  1447. Procedure after removal generally (a) In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise. (b) It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court. (c) A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case. (d) An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise. (e) If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court. ( June 25, 1948, ch. 646 62 Stat. 939 May 24, 1949, ch. 139,  84 63 Stat. 102 Pub. L. 88352, title IX,  901 July 2, 1964 78 Stat. 266 Pub. L. 100702, title X,  1016(c) Nov. 19, 1988 102 Stat. 4670 Pub. L. 102198,  10(b) Dec. 9, 1991 105 Stat. 1626 Pub. L. 104219,  1 Oct. 1, 1996 110 Stat. 3022 Pub. L. 11251,  2(d) Nov. 9, 2011 125 Stat. 546  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  71, 72, 74, 76, 80, 81 and 83 ( Mar. 3, 1911, ch. 231 36 Stat. 10941098 Jan. 20, 1914, ch. 11 39 Stat. 278 Aug. 23, 1916, ch. 399 39 Stat. 532 Apr. 16, 1920, ch. 146 41 Stat. 554 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Section consolidates procedural provisions of sections 71, 72, 74, 76, 80, 81 and 83 of title 28, U.S.C., 1940 ed., with important changes in substance and phraseology. Subsection (a) is derived from sections 72, 76, 81 and 83 of title 28, U.S.C., 1940 ed. The remaining provisions of said section 83 are the basis of section 1448 of this title Subsection (b) is derived from sections 72, 74, 76 and 83 of title 28, U.S.C., 1940 ed., which have been rewritten to provide the utmost simplicity and flexibility of procedure in bringing the State court record to the district court. [ Editorial Note. (c) It may order the pleadings recast and the parties realigned according to their real interest. (d) If any party fails to comply with its lawful orders, the district court may enter such further orders and judgments as justice requires. (e) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court may thereupon proceed with such case.] Subsections (c) and (d) are substituted for unnecessary and inconsistent procedural provisions. Subsection (e) [now subsec. (c)] is derived from sections 71 and 80 of title 28, U.S.C., 1940 ed. Such subsection is rewritten to eliminate the cumbersome procedure of remand. Under this chapter as revised, the petition for removal under section 1446 of this chapter will be filed in the Federal court in the first instance and the right of removal determined in that court before the petition is granted. The provisions in section 80 of title 28 section 1359 of this title section 1919 of this title 1949 Act This section strikes out subsections (c) and (d) of section 1447 of title 28 Editorial Notes Amendments 2011Subsec. (d). Pub. L. 11251 1996Subsec. (c). Pub. L. 104219 1991Subsec. (b). Pub. L. 102198 1988Subsec. (c). Pub. L. 100702,  1016(c)(1) Subsec. (e). Pub. L. 100702,  1016(c)(2) 1964Subsec. (d). Pub. L. 88352 1949Subsec. (c). Act May 24, 1949 Subsec. (d). Act May 24, 1949 Statutory Notes and Related Subsidiaries Exception to Subsection (d) Act Aug. 4, 1947, ch. 458,  3(c) 61 Stat. 732 act Apr. 12, 1926, ch. 115 44 Stat. 239 section 355 of Title 25  1448. Process after removal  In all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court. This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case. ( June 25, 1948, ch. 646 62 Stat. 940  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  83 ( Apr. 16, 1920, ch. 146 41 Stat. 554 Words district court of the United States were substituted for United States Court, because only the district courts now possess jurisdiction over removed civil and criminal cases. Changes were made in phraseology.  1449. State court record supplied  Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court. ( June 25, 1948, ch. 646 62 Stat. 940 May 24, 1949, ch. 139,  85 63 Stat. 102  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  78 ( Mar. 3, 1911, ch. 231,  35 36 Stat. 1098 Changes were made in phraseology. 1949 Act This section corrects a typographical error by eliminating from section 1449 of title 28 Editorial Notes Amendments 1949Act May 24, 1949  1450. Attachment or sequestration; securities  Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court. All bonds, undertakings, or security given by either party in such action prior to its removal shall remain valid and effectual notwithstanding such removal. All injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court. ( June 25, 1948, ch. 646 62 Stat. 940  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  79 ( Mar. 3, 1911, ch. 231,  36 36 Stat. 1098 Changes were made in phraseology.  1451. Definitions For purposes of this chapter (1) The term State court includes the Superior Court of the District of Columbia. (2) The term State includes the District of Columbia. (Added Pub. L. 91358, title I,  172(d)(1) July 29, 1970 84 Stat. 591  Statutory Notes and Related Subsidiaries Effective Date Section effective first day of seventh calendar month which begins after July 29, 1970 section 199(a) of Pub. L. 91358 section 1257 of this title  1452. Removal of claims related to bankruptcy cases (a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental units police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title (b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title (Added Pub. L. 98353, title I,  103(a) July 10, 1984 98 Stat. 335 Pub. L. 101650, title III,  309(c) Dec. 1, 1990 104 Stat. 5113  Editorial Notes Amendments 1990Subsec. (b). Pub. L. 101650 section 1254 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title  1453. Removal of class actions (a)  Definitions In this section, the terms class, class action, class certification order, and class member shall have the meanings given such terms under section 1332(d)(1). (b)  In General A class action may be removed to a district court of the United States in accordance with section 1446 (except that the 1-year limitation under section 1446(c)(1) shall not apply), without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by any defendant without the consent of all defendants. (c)  Review of Remand Orders. (1)  In general Section 1447 shall apply to any removal of a case under this section, except that notwithstanding section 1447(d), a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed if application is made to the court of appeals not more than 10 days after entry of the order. (2)  Time period for judgment If the court of appeals accepts an appeal under paragraph (1), the court shall complete all action on such appeal, including rendering judgment, not later than 60 days after the date on which such appeal was filed, unless an extension is granted under paragraph (3). (3)  Extension of time period The court of appeals may grant an extension of the 60-day period described in paragraph (2) if (A) all parties to the proceeding agree to such extension, for any period of time; or (B) such extension is for good cause shown and in the interests of justice, for a period not to exceed 10 days. (4)  Denial of appeal If a final judgment on the appeal under paragraph (1) is not issued before the end of the period described in paragraph (2), including any extension under paragraph (3), the appeal shall be denied. (d)  Exception This section shall not apply to any class action that solely involves (1) a claim concerning a covered security as defined under section 16(f)(3) of the Securities Act of 1933 ( 15 U.S.C. 78p(f)(3) 1 1 15 U.S.C. 78bb(f)(5)(E) (2) a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise and arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or (3) a claim that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(1) (Added Pub. L. 1092,  5(a) Feb. 18, 2005 119 Stat. 12 Pub. L. 11116,  6(2) May 7, 2009 123 Stat. 1608 Pub. L. 11263, title I,  103(d)(2) Dec. 7, 2011 125 Stat. 762  Editorial Notes Amendments 2011Subsec. (b). Pub. L. 11263 2009Subsec. (c)(1). Pub. L. 11116 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Amendment by Pub. L. 11263 Dec. 7, 2011 section 105 of Pub. L. 11263 section 1332 of this title Effective Date of 2009 Amendment Amendment by Pub. L. 11116 Dec. 1, 2009 section 7 of Pub. L. 11116 section 109 of Title 11 Effective Date Section applicable to any civil action commenced on or after Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title  1454. Patent, plant variety protection, and copyright cases (a)  In General A civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights may be removed to the district court of the United States for the district and division embracing the place where the action is pending. (b)  Special Rules The removal of an action under this section shall be made in accordance with section 1446, except that if the removal is based solely on this section (1) the action may be removed by any party; and (2) the time limitations contained in section 1446(b) may be extended at any time for cause shown. (c)  Clarification of Jurisdiction in Certain Cases The court to which a civil action is removed under this section is not precluded from hearing and determining any claim in the civil action because the State court from which the civil action is removed did not have jurisdiction over that claim. (d)  Remand If a civil action is removed solely under this section, the district court (1) shall remand all claims that are neither a basis for removal under subsection (a) nor within the original or supplemental jurisdiction of the district court under any Act of Congress; and (2) may, under the circumstances specified in section 1367(c), remand any claims within the supplemental jurisdiction of the district court under section 1367. (Added Pub. L. 11229,  19(c)(1) Sept. 16, 2011 125 Stat. 332  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action commenced on or after Sept. 16, 2011 section 19(e) of Pub. L. 11229 section 1295 of this title  1455. Procedure for removal of criminal prosecutions (a)  Notice of Removal A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. (b)  Requirements (1) A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. (2) A notice of removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. (3) The filing of a notice of removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded. (4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. (5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further. (c)  Writ of Habeas Corpus If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshals custody and deliver a copy of the writ to the clerk of such State court. (Added Pub. L. 11263, title I,  103(c) Dec. 7, 2011 125 Stat. 761  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 30-day period beginning on Dec. 7, 2011 section 105 of Pub. L. 11263 section 1332 of this title [CHAPTER 90 OMITTED]  Editorial Notes Codification Chapter 90, consisting of sections 1471 to 1482, which was added by Pub. L. 95598, title II,  241(a) Nov. 6, 1978 92 Stat. 2668 section 402(b) of Pub. L. 95598 section 101 of Title 11 Statutory Notes and Related Subsidiaries Transition to New Court System Pub. L. 95598, title IV,  409 Nov. 6, 1978 92 Stat. 2687 Pub. L. 98249,  1(d) Mar. 31, 1984 98 Stat. 116 Pub. L. 98271,  1(d) Apr. 30, 1984 98 Stat. 163 Pub. L. 98299,  1(d) May 25, 1984 98 Stat. 214 Pub. L. 98325,  1(d) June 20, 1984 98 Stat. 268 Pub. L. 98353, title I,  121(d) July 10, 1984 98 Stat. 346 Sept. 30, 1983 section 404(a) of Pub. L. 95598 July 9, 1984 July 9, 1984 July 9, 1984 Apr. 1, 1985 July 9, 1984 Pub. L. 98353, title I,  122(a) July 10, 1984 98 Stat. 343 July 10, 1984 CHAPTER 91 UNITED STATES COURT OF FEDERAL CLAIMS    Sec.  1491. Claims against United States generally; actions involving Tennessee Valley Authority.  1492. Congressional reference cases.  [ 1493. Repealed.]  1494. Accounts of officers, agents or contractors.  1495. Damages for unjust conviction and imprisonment; claim against United States.  1496. Disbursing officers claims.  1497. Oyster growers damages from dredging operations.  1498. Patent and copyright cases.  1499. Liquidated damages withheld from contractors under chapter 37 of title 40.  1500. Pendency of claims in other courts.  1501. Pensions.  1502. Treaty cases.  1503. Set-offs.  [ 1504. Repealed.]  1505. Indian claims.  [ 1506. Repealed.]  1507. Jurisdiction for certain declaratory judgments.  1508. Jurisdiction for certain partnership proceedings.  1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties.  Historical and Revision Notes 1949 Act This section inserts in the analysis of chapter 91 of title 28, U.S.C., item 1505, corresponding to new section 1505. Editorial Notes Amendments 2006 Pub. L. 109284,  4(1) Sept. 27, 2006 120 Stat. 1211 1992 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 1984 Pub. L. 98369, div. A, title VII,  714(g)(3) July 18, 1984 98 Stat. 962 1982 Pub. L. 97248, title IV,  402(c)(18)(B) Sept. 3, 1982 96 Stat. 669 Pub. L. 97164, title I,  133(e)(2)(B) Apr. 2, 1982 96 Stat. 41 1976 Pub. L. 94455, title XIII,  1306(b)(9)(B) Oct. 4, 1976 90 Stat. 1720 1960 Pub. L. 86770,  2(b) Sept. 13, 1960 74 Stat. 912 Pub. L. 86726,  4 Sept. 8, 1960 74 Stat. 856 1954 Act Sept. 3, 1954, ch. 1263,  43 68 Stat. 1241 1949 Act May 24, 1949, ch. 139,  86 63 Stat. 102  1491. Claims against United States generally; actions involving Tennessee Valley Authority (a) (1) The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. (2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under section 7104(b)(1) of title 41 1 1 (b) (1) Both the Unites 2 2 (2) To afford relief in such an action, the courts may award any relief that the court considers proper, including declaratory and injunctive relief except that any monetary relief shall be limited to bid preparation and proposal costs. (3) In exercising jurisdiction under this subsection, the courts shall give due regard to the interests of national defense and national security and the need for expeditious resolution of the action. (4) In any action under this subsection, the courts shall review the agencys decision pursuant to the standards set forth in section 706 of title 5 (5) If an interested party who is a member of the private sector commences an action described in paragraph (1) with respect to a public-private competition conducted under Office of Management and Budget Circular A76 regarding the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A76, then an interested party described in section 3551(2)(B) of title 31 (6) Jurisdiction over any action described in paragraph (1) arising out of a maritime contract, or a solicitation for a proposed maritime contract, shall be governed by this section and shall not be subject to the jurisdiction of the district courts of the United States under the Suits in Admiralty Act (chapter 309 of title 46) or the Public Vessels Act (chapter 311 of title 46). (c) Nothing herein shall be construed to give the United States Court of Federal Claims jurisdiction of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action against, or founded on conduct of, the Tennessee Valley Authority, or to amend or modify the provisions of the Tennessee Valley Authority Act of 1933 with respect to actions by or against the Authority. ( June 25, 1948, ch. 646 62 Stat. 940 July 28, 1953, ch. 253,  7 67 Stat. 226 Sept. 3, 1954, ch. 1263,  44(a) 68 Stat. 1241 Pub. L. 91350,  1(b) July 23, 1970 84 Stat. 449 Pub. L. 92415,  1 Aug. 29, 1972 86 Stat. 652 Pub. L. 95563,  14(i) Nov. 1, 1978 92 Stat. 2391 Pub. L. 96417, title V,  509 Oct. 10, 1980 94 Stat. 1743 Pub. L. 97164, title I,  133(a) Apr. 2, 1982 96 Stat. 39 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516 Pub. L. 104320,  12(a) Oct. 19, 1996 110 Stat. 3874 Pub. L. 110161, div. D, title VII,  739(c)(2) Dec. 26, 2007 121 Stat. 2031 Pub. L. 110181, div. A, title III,  326(c) Jan. 28, 2008 122 Stat. 63 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4613 Pub. L. 111350,  5(g)(7) Jan. 4, 2011 124 Stat. 3848 Pub. L. 11281, div. A, title VIII,  861(a) Dec. 31, 2011 125 Stat. 1521  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  250(1) ( Mar. 3, 1911, ch. 231 36 Stat. 1136 District courts are given concurrent jurisdiction of certain claims against the United States under section 1346 of this title section 1621 of this title The proviso in section 250(1) of title 28 March 3, 1887 The exception in section 250(1) of title 28 section 1501 of this title Words in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty, if the United States were suable were omitted as unnecessary since the Court of Claims manifestly, under this section will determine whether a petition against the United States states a cause of action. In any event, the Court of Claims has no admiralty jurisdiction, but the Suits in Admiralty Act, sections 741752 of title 46, U.S.C., 1940 ed., Shipping, vests exclusive jurisdiction over suits in admiralty against the United States in the district courts. Sanday & Co. v. U.S For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see section 114b of Title 41 Changes were made in phraseology. Editorial Notes  References in Text Section 6 of the Contract Disputes Act of 1978, referred to in subsec. (a)(2), was classified to section 605 of former Title 41, Public Contracts, and was repealed and restated as subsecs. (a) to (c)(1) and (d) to (h) of section 7103 of Title 41 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 The Tennessee Valley Authority Act of 1933, referred to in subsec. (c), is act May 18, 1933, ch. 32 48 Stat. 58 section 831 of Title 16 Amendments 2011Subsec. (a)(2). Pub. L. 111350 section 7104(b)(1) of title 41 Subsec. (b)(6). Pub. L. 11281 2008Subsec. (b)(5). Pub. L. 110417 Pub. L. 110161 section 3551(2)(B) of title 31 Pub. L. 110181 2007Subsec. (b)(5). Pub. L. 110161 1996Subsec. (a)(3). Pub. L. 104320,  12(a)(2) Subsecs. (b), (c). Pub. L. 104320,  12(a)(1) 1992Subsec. (a)(1). Pub. L. 102572,  902(a)(1) Subsec. (a)(2). Pub. L. 102572,  907(b)(1) Pub. L. 102572,  902(a)(2) Subsec. (b). Pub. L. 102572,  902(a)(1) 1982Subsec. (a)(1). Pub. L. 97164 Subsec. (a)(2). Pub. L. 97164 Subsec. (a)(3). Pub. L. 97164 Subsec. (b). Pub. L. 97164 1980 Pub. L. 96417 1978 Pub. L. 95563 1972 Pub. L. 92415 1970 Pub. L. 91350 1954Act Sept. 3, 1954 1953Act July 28, 1953 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 11281, div. A, title VIII,  861(b) Dec. 31, 2011 125 Stat. 1521 The amendment made by subsection (a) [amending this section] shall apply to any cause of action filed on or after the first day of the first month beginning more than 30 days after the date of the enactment of this Act [ Dec. 31, 2011 Effective Date of 2008 Amendment Pub. L. 110181, div. A, title III,  326(d) Jan. 28, 2008 122 Stat. 63  Subparagraph (B) of section 3551(2) of title 31 section 1491(b) of title 28 (1) a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency that is made pursuant to a study initiated under Office of Management and Budget Circular A76 on or after January 1, 2004 (2) any other protest or civil action that relates to a public-private competition initiated under Office of Management and Budget Circular A76, or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A76, on or after the date of the enactment of this Act [ Jan. 28, 2008 Effective Date of 2007 Amendment Paragraph (5) of subsec. (b) of this section applicable to protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A76 on or after Jan. 1, 2004 Dec. 26, 2007 section 739(c)(3) of Pub. L. 110161 section 501 of Title 31 Amendment by Pub. L. 110161 section 739(e) of Pub. L. 110161 section 501 of Title 31 Effective Date of 1996 Amendment Pub. L. 104320,  12(b) Oct. 19, 1996 110 Stat. 3875 This section [amending this section and section 3556 of Title 31 section 3556 of Title 31 December 31, 1996 Effective Date of 1992 Amendment Amendment by section 902(a) of Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Pub. L. 102572, title IX,  907(b)(2) Oct. 29, 1992 106 Stat. 4519  The amendment made by paragraph (1) [amending this section] shall be effective with respect to all actions filed before, on, or after the date of the enactment of this Act [ Oct. 29, 1992 (A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has expired without an appeal having been filed, or (B) a final judgment of the Court of Appeals for the Federal Circuit. Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95563 Nov. 1, 1978 section 16 of Pub. L. 95563 Nov. 1, 1978 92 Stat. 2391 Effective Date of 1972 Amendment Pub. L. 92415,  2 Aug. 29, 1972 86 Stat. 652 This Act [amending this section] shall be applicable to all judicial proceedings pending on or instituted after the date of its enactment [ Aug. 29, 1972 Effective Date of 1970 Amendment Amendment by Pub. L. 91350 July 23, 1970 July 23, 1970 July 23, 1970 section 2 of Pub. L. 91350 section 1346 of this title Savings Provision Pub. L. 104320,  12(e) Oct. 19, 1996 110 Stat. 3875  (1)  Orders A termination under subsection (d) [set out below] shall not terminate the effectiveness of orders that have been issued by a court in connection with an action within the jurisdiction of that court on or before December 31, 2000 (2)  Proceedings and applications (A) a termination under subsection (d) shall not affect the jurisdiction of a court of the United States to continue with any proceeding that is pending before the court on December 31, 2000 (B) Orders may be issued in any such proceeding, appeals may be taken therefrom, and payments may be made pursuant to such orders, as if such termination had not occurred. An order issued in any such proceeding shall continue in effect until modified, terminated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law. (C) Nothing in this paragraph prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that proceeding could have been discontinued or modified absent such termination. Sunset Provision Pub. L. 104320,  12(d) Oct. 19, 1996 110 Stat. 3875 The jurisdiction of the district courts of the United States over the actions described in section 1491(b)(1) of title 28 January 1, 2001  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 section 542 of Title 6 Study on Concurrent Jurisdiction Pub. L. 104320,  12(c) Oct. 19, 1996 110 Stat. 3875 Dec. 31, 1996 Dec. 31, 1999  1492. Congressional reference cases  Any bill, except a bill for a pension, may be referred by either House of Congress to the chief judge of the United States Court of Federal Claims for a report in conformity with section 2509 of this title ( June 25, 1948, ch. 646 62 Stat. 941 Pub. L. 89681,  1 Oct. 15, 1966 80 Stat. 958 Pub. L. 97164, title I,  133(b) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  257 ( Mar. 3, 1911, ch. 231,  151 36 Stat. 1138 This section contains only the jurisdictional provision of section 257 of title 28 section 2509 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1966 Pub. L. 89681 section 2509 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title [ 1493. Repealed. July 28, 1953, ch. 253,  8 67 Stat. 226   Section, act June 25, 1948, ch. 646 62 Stat. 941  1494. Accounts of officers, agents or contractors The United States Court of Federal Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by reason of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representative of any such officer, agent or contractor, and to render judgment thereof, 1 1 (1) claimant or the person he represents has applied to the proper department of the Government for settlement of the account; (2) three years have elapsed from the date of such application without settlement; and (3) no suit upon the same has been brought by the United States. ( June 25, 1948, ch. 646 62 Stat. 941 July 28, 1953, ch. 253,  9 67 Stat. 226 Sept. 3, 1954, ch. 1263,  44(c) 68 Stat. 1242 Pub. L. 97164, title I,  133(c)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  287 ( Mar. 3, 1911, ch. 231,  180 36 Stat. 1141 Feb. 13, 1925, ch. 229,  3 43 Stat. 939 Only the jurisdictional provisions of section 287 of title 28 section 2511 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1954Act Sept. 3, 1954 1953Act July 28, 1953 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1495. Damages for unjust conviction and imprisonment; claim against United States  The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned. ( June 25, 1948, ch. 646 62 Stat. 941 Pub. L. 97164, title I,  133(c)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on section 729 of title 18 May 24, 1938, ch. 266 52 Stat. 438 Only the jurisdictional provision of section 729 of title 18 section 2513 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1496. Disbursing officers claims  The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge. ( June 25, 1948, ch. 646 62 Stat. 941 Pub. L. 97164, title I,  133(c)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  250(3) ( Mar. 3, 1911, ch. 231,  145 36 Stat. 1136 June 10, 1921, ch. 18,  304 42 Stat. 24 Words paymaster, quartermaster, commissary of subsistence, or other, preceding disbursing officer of the United States, were omitted. See Henderson v. United States Hobbs v. United States Words by capture or otherwise were omitted as surplusage. Words and for which such officer was and is held responsible, at the end of section 250(3) of title 28 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1497. Oyster growers damages from dredging operations  The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress. ( June 25, 1948, ch. 646 62 Stat. 941 Pub. L. 97164, title I,  133(c) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  250a ( Aug. 30, 1935, ch. 831,  13 49 Stat. 1049 July 13, 1943, ch. 231 57 Stat. 553 The proviso at the end of section 250a of title 28 section 2501 of this title Words river and harbor improvements were substituted for such improvements, in view of Dixon v. U.S Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1498. Patent and copyright cases (a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owners remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture. Reasonable and entire compensation shall include the owners reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the patented invention by or for the United States. Nothwithstanding 1 1 For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States. The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States prior to July 1, 1918 A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials or facilities were used. (b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive action which may be brought for such infringement shall be an action by the copyright owner against the United States in the Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in section 504(c) of title 17 Provided Provided, however And provided further Except as otherwise provided by law, no recovery shall be had for any infringement of a copyright covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date. (c) The provisions of this section shall not apply to any claim arising in a foreign country. (d) Hereafter, whenever a plant variety protected by a certificate of plant variety protection under the laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government, and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such infringement: Provided Provided, however And provided further (e) Subsections (b) and (c) of this section apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights. ( June 25, 1948, ch. 646 62 Stat. 941 May 24, 1949, ch. 139,  87 63 Stat. 102 Oct. 31, 1951, ch. 655,  50(c) 65 Stat. 727 July 17, 1952, ch. 930 66 Stat. 757 Pub. L. 86726 Sept. 8, 1960 74 Stat. 855 Pub. L. 91577, title III,  143(d) Dec. 24, 1970 84 Stat. 1559 Pub. L. 94553, title I,  105(c) Oct. 19, 1976 90 Stat. 2599 Pub. L. 97164, title I,  133(d) Apr. 2, 1982 96 Stat. 40 Pub. L. 100702, title X,  1020(a)(6) Nov. 19, 1988 102 Stat. 4671 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516 Pub. L. 104308,  1(a) Oct. 19, 1996 110 Stat. 3814 Pub. L. 105147,  3 Dec. 16, 1997 111 Stat. 2680 Pub. L. 105304, title V,  503(d) Oct. 28, 1998 112 Stat. 2917  Historical and Revision Notes 1948 Act Based on section 68 of title 35 June 25, 1910, ch. 423 36 Stat. 851 July 1, 1918, ch. 114 40 Stat. 705 Provisions contained in the second proviso of section 68 of title 35 Changes in phraseology were made. 1949 Act This amendment clarifies section 1498 of title 28 Editorial Notes  References in Text Hereafter, referred to in subsec. (b), probably means the date of enactment of Pub. L. 86726 Sept. 8, 1960 The copyright laws of the United States, referred to in subsec. (b), are classified generally to Title 17, Copyrights. Hereafter, referred to in subsec. (d), probably means after the date of enactment of Pub. L. 91577 Dec. 24, 1970 Amendments 1998Subsec. (e). Pub. L. 105304 1997Subsec. (b). Pub. L. 105147,  3 1996Subsec. (a). Pub. L. 104308 1992Subsec. (a). Pub. L. 102572,  902(a)(1) Subsecs. (b), (d). Pub. L. 102572,  902(a)(2) 1988Subsec. (e). Pub. L. 100702 1982Subsec. (a). Pub. L. 97168,  133(d)(1) Subsecs. (b), (d). Pub. L. 97164,  133(d)(2) 1976Subsec. (b). Pub. L. 94553 section 504(c) of title 17 section 101(b) of title 17 1970Subsec. (d). Pub. L. 91577 1960 Pub. L. 86726,  4 Pub. L. 86726,  1 1952Act July 17, 1952 1951Act Oct. 31, 1951 1949Act May 29, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104308,  1(b) Oct. 19, 1996 110 Stat. 3814 The amendment made by subsection (a) [amending this section] shall apply to actions under section 1498(a) of title 28 Oct. 19, 1996 Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1976 Amendment Amendment by Pub. L. 94553 Jan. 1, 1978 section 102 of Pub. L. 94553 section 101 of Title 17 Effective Date of 1970 Amendment Amendment by Pub. L. 91577 Dec. 24, 1970 section 141 of Pub. L. 91577 section 2321 of Title 7 Waiver of Immunity for Members of Congress Pub. L. 86726,  2 Sept. 8, 1960 74 Stat. 855 Nothing in this Act [amending this section and section 2386 of Title 10  1499. Liquidated damages withheld from contractors under chapter 37 of title 40  The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 3703 of title 40 ( June 25, 1948, ch. 646 62 Stat. 942 Pub. L. 87581, title II,  202(a) Aug. 13, 1962 76 Stat. 360 Pub. L. 97164, title I,  133(e)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 101650, title III,  325(b)(7) Dec. 1, 1990 104 Stat. 5121 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 107217,  3(g)(3) Aug. 21, 2002 116 Stat. 1299 Pub. L. 109284,  4(2) Sept. 27, 2006 120 Stat. 1211  Historical and Revision Notes Based on section 324 of title 40 June 19, 1912, ch. 174,  1 37 Stat. 137 This section contains only the jurisdictional provision in the last clause of section 324 of title 40 Changes in phraseology were made. Editorial Notes Amendments 2006 Pub. L. 109284 2002 Pub. L. 107217 section 3703 of title 40 1992 Pub. L. 102572 1990 Pub. L. 101650 1982 Pub. L. 97164 1962 Pub. L. 87581 section 324 of Title 40 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1962 Amendment Amendment by Pub. L. 87581 Aug. 13, 1962 Aug. 13, 1962 section 204 of Pub. L. 87581 Aug. 13, 1962 76 Stat. 360 Continued Jurisdiction Upon Claims Under Section 324 of Former Title 40 Pub. L. 87581, title II,  202(b) Aug. 13, 1962 76 Stat. 360 Aug. 13, 1962 Aug. 13, 1962  1500. Pendency of claims in other courts  The United States Court of Federal Claims shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States or any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, directly or indirectly under the authority of the United States. ( June 25, 1948, ch. 646 62 Stat. 942 Pub. L. 97164, title I,  133(e)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  260 ( Mar. 3, 1911, ch. 231,  154 36 Stat. 1138 Words or in the Supreme Court on appeal therefrom were omitted as unnecessary. Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1501. Pensions  The United States Court of Federal Claims shall not have jurisdiction of any claim for a pension. ( June 25, 1948, ch. 646 62 Stat. 942 Pub. L. 97164, title I,  133(e)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  250(1) ( Mar. 3, 1911, ch. 231,  145 36 Stat. 1136 Section constitutes the exception in section 250(1) of title 28 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1502. Treaty cases  Except as otherwise provided by Act of Congress, the United States Court of Federal Claims shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations. ( June 25, 1948, ch. 646 62 Stat. 942 May 24, 1949, ch. 139,  88 63 Stat. 102 Pub. L. 97164, title I,  133(e)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  259 ( Mar. 3, 1911, ch. 231,  153 36 Stat. 1138 Phrase Except as otherwise provided by enactment of Congress was inserted to cover cases where special Acts confer jurisdiction. (See Sioux Tribe of Indians v. United States In re United States Words not pending therein on December 1, 1862 Changes in phraseology were made. 1949 Act This section, in amending section 1502 of title 28 August 13, 1946 60 Stat. 1056 Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1503. Set-offs  The United States Court of Federal Claims shall have jurisdiction to render judgment upon any set-off or demand by the United States against any plaintiff in such court. ( June 25, 1948, ch. 646 62 Stat. 942 Pub. L. 97164, title I,  133(e)(1) Apr. 2, 1982 96 Stat. 40 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  250(2) ( Mar. 3, 1911, ch. 231,  145 36 Stat. 1136 The second subsection of section 250 of title 28 section 2501 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title [ 1504. Repealed. Pub. L. 97164, title I,  133(f) Apr. 2, 1982 96 Stat. 41   Section, act June 25, 1948, ch. 646 62 Stat. 942 section 1346(b) of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1505. Indian claims  The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946 (Added May 24, 1949, ch. 139,  89(a) 63 Stat. 102 Pub. L. 97164, title I,  133(g) Apr. 2, 1982 96 Stat. 41 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes 1949 Act Section 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 60 Stat. 1055 This amendatory section omits as surplusage all provisions of said section 24 except the first sentence, as being fully covered by the express provisions of sections 1503 and 2501 and other provisions of chapter 165 of title 28, U.S.C., relating to Court of Claims procedure. The proviso of such section 24 is omitted as unnecessary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians. The omitted language is as follows: In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under section 250 of this title Provided, however Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title [ 1506. Repealed. Pub. L. 97164, title I,  133(h) Apr. 2, 1982 96 Stat. 41   Section, added Pub. L. 86770,  2(a) Sept. 13, 1960 74 Stat. 912 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1507. Jurisdiction for certain declaratory judgments  The United States Court of Federal Claims shall have jurisdiction to hear any suit for and issue a declaratory judgment under section 7428 of the Internal Revenue Code of 1986. (Added Pub. L. 94455, title XIII,  1306(b)(9)(A) Oct. 4, 1976 90 Stat. 1720 Pub. L. 97164, title I,  133(i) Apr. 2, 1982 96 Stat. 41 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes  References in Text Section 7428 of the Internal Revenue Code of 1986, referred to in text, is classified to section 7428 of Title 26 Amendments 1992 Pub. L. 102572 1986 Pub. L. 99514 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date Section applicable with respect to pleadings filed with the United States Tax Court, the district court of the United States for the District of Columbia, or the United States Court of Claims more than 6 months after Oct. 4, 1976 Jan. 1, 1976 section 1306(c) of Pub. L. 94455 section 7428 of Title 26  1508. Jurisdiction for certain partnership proceedings  The Court of Federal Claims shall have jurisdiction to hear and to render judgment upon any petition under section 6226 or 6228(a) of the Internal Revenue Code of 1986. (Added Pub. L. 97248, title IV,  402(c)(18)(A) Sept. 3, 1982 96 Stat. 669 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title IX,  902(a)(2) Oct. 29, 1992 106 Stat. 4516  Editorial Notes  References in Text Sections 6226 and 6228(a) of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6226 and 6228(a) of Title 26, Internal Revenue Code. Section 6226 of Title 26 Pub. L. 11474, title XI,  1101(a) Nov. 2, 2015 129 Stat. 625 section 6234 of Title 26 Pub. L. 11474, title XI,  1101(a) Nov. 2, 2015 129 Stat. 625 Amendments 1992 Pub. L. 102572 1986 Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Section applicable to partnership taxable years beginning after Sept. 3, 1982 Sept. 3, 1982 Pub. L. 97248 section 702 of Title 26  1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties  The United States Court of Federal Claims shall not have jurisdiction to hear any action or proceeding for any refund or credit of any penalty imposed under section 6700 of the Internal Revenue Code of 1986 (relating to penalty for promoting abusive tax shelters, etc.) or section 6701 of such Code (relating to penalties for aiding and abetting understatement of tax liability). (Added Pub. L. 98369, div. A, title VII,  714(g)(2) July 18, 1984 98 Stat. 962 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes  References in Text Sections 6700 and 6701 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6700 and 6701, respectively, of Title 26, Internal Revenue Code. Amendments 1992 Pub. L. 102572 1986 Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Pub. L. 98369, div. A, title VII,  714(g)(4) July 18, 1984 98 Stat. 962 The amendments made by this subsection [enacting this section and amending section 7422 of Title 26 July 18, 1984 [CHAPTER 93 REPEALED] [ 1541 to 1546. Repealed. Pub. L. 97164, title I,  134 Apr. 2, 1982 96 Stat. 41   Section 1541, acts June 25, 1948, ch. 646 62 Stat. 942 June 2, 1970 Pub. L. 91271, title I,  102 84 Stat. 274 July 26, 1979 Pub. L. 9639, title X,  1001(b)(4)(A) 93 Stat. 305 Oct. 10, 1980 Pub. L. 96417, title IV,  401(a) 94 Stat. 1740 section 1295(a)(5) of this title  Section 1542, acts June 25, 1948, ch. 646 62 Stat. 942 May 24, 1949, ch. 139,  89(b) 63 Stat. 102 section 63 of Title 35 section 1071 of Title 15 section 1295(a)(4) of this title  Section 1543, acts June 25, 1948, ch. 646 62 Stat. 943 Oct. 10, 1980 Pub. L. 96417, title IV,  401(b)(1) 94 Stat. 1740 section 1295(a)(6) of this title  Section 1544, added Pub. L. 89651,  8(c)(1) Oct. 14, 1966 80 Stat. 901 section 1295(a)(7) of this title  Section 1545, added Pub. L. 91577, title III,  143(a) Dec. 24, 1970 84 Stat. 1558 section 2461 of Title 7 section 1295(a)(8) of this title  Section 1546, added Pub. L. 96417, title IV,  402(a) Oct. 10, 1980 94 Stat. 1740 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 95 COURT OF INTERNATIONAL TRADE    Sec.  1581. Civil actions against the United States and agencies and officers thereof.  1582. Civil actions commenced by the United States.  1583. Counterclaims, cross-claims, and third-party actions.  1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA.  1585. Powers in law and equity.  Editorial Notes Amendments 2020 Pub. L. 116113, title IV,  423(a)(3) Jan. 29, 2020 134 Stat. 66 1993 Pub. L. 103182, title IV,  414(a)(3) Dec. 8, 1993 107 Stat. 2147 1988 Pub. L. 100449, title IV,  402(d)(2) Sept. 28, 1988 102 Stat. 1884 section 1584 of this title 1982 Pub. L. 97164, title I,  135 Apr. 2, 1982 96 Stat. 41 1980 Pub. L. 96417, title II,  201 Oct. 10, 1980 94 Stat. 1728  1581. Civil actions against the United States and agencies and officers thereof (a) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930. (b) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930. (c) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A or 517 of the Tariff Act of 1930. (d) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review (1) any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act; (2) any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act; (3) any final determination of the Secretary of Commerce under section 273 1 1 (4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 ( 19 U.S.C. 2401b 1 (e) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trade Agreements Act of 1979. (f) The Court of International Trade shall have exclusive jurisdiction of any civil action involving an application for an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930. (g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review (1) any decision of the Secretary of the Treasury to deny a customs brokers license under section 641(b)(2) or (3) of the Tariff Act of 1930, or to deny a customs brokers permit under section 641(c)(1) of such Act, or to revoke a license or permit under section 641(b)(5) or (c)(2) of such Act; (2) any decision of the Secretary of the Treasury to revoke or suspend a customs brokers license or permit, or impose a monetary penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of 1930; and (3) any decision or order of the Customs Service to deny, suspend, or revoke accreditation of a private laboratory under section 499(b) of the Tariff Act of 1930. (h) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review, prior to the importation of the goods involved, a ruling issued by the Secretary of the Treasury, or a refusal to issue or change such a ruling, relating to classification, valuation, rate of duty, marking, restricted merchandise, entry requirements, drawbacks, vessel repairs, or similar matters, but only if the party commencing the civil action demonstrates to the court that he would be irreparably harmed unless given an opportunity to obtain judicial review prior to such importation. (i) (1) In addition to the jurisdiction conferred upon the Court of International Trade by subsections (a)(h) of this section and subject to the exception set forth in subsection (j) of this section, the Court of International Trade shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for (A) revenue from imports or tonnage; (B) tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue; (C) embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety; or (D) administration and enforcement with respect to the matters referred to in subparagraphs (A) through (C) of this paragraph and subsections (a)(h) of this section. (2) This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable by (A) the Court of International Trade under section 516A(a) of the Tariff Act of 1930 ( 19 U.S.C. 1516a(a) (B) a binational panel under section 516A(g) of the Tariff Act of 1930 ( 19 U.S.C. 1516a(g) (j) The Court of International Trade shall not have jurisdiction of any civil action arising under section 305 of the Tariff Act of 1930. (Added Pub. L. 96417, title II,  201 Oct. 10, 1980 94 Stat. 1728 Pub. L. 98573, title II,  212(b)(1) Oct. 30, 1984 98 Stat. 2983 Pub. L. 99514, title XVIII,  1891(1) Oct. 22, 1986 100 Stat. 2926 Pub. L. 100449, title IV,  402(a) Sept. 28, 1988 102 Stat. 1883 Pub. L. 103182, title IV,  414(a)(1) Dec. 8, 1993 107 Stat. 2147 Pub. L. 1115, div. B, title I,  1873(b)(2) Feb. 17, 2009 123 Stat. 414 Pub. L. 114125, title IV,  421(b) Feb. 24, 2016 130 Stat. 168 Pub. L. 116113, title IV,  423(a)(1) Jan. 29, 2020 134 Stat. 65  Amendment of Section For termination of amendment by section 501(c) of Pub. L. 100449 Editorial Notes Prior History of Court The United States Customs Court, the predecessor of the Court of International Trade, was omitted in the general revision of this chapter by Pub. L. 96417 The predecessor of the United States Customs Court was the Board of General Appraisers which was created by the Customs Administrative Act of June 10, 1890 From 1890 to 1926, the Board of General Appraisers had jurisdiction over all protests from decisions of the collectors of customs and appeals for reappraisement under sections 13 and 14 of the Customs Administrative Act of June 10, 1890, ch. 407 26 Stat. 136 The Customs Court was established by act May 28, 1926, ch. 411 44 Stat. 669 46 Stat. 737 section 1518 of Title 19 June 17, 1930  References in Text Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1515 of Title 19 Section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to section 1516 of Title 19 Sections 516A and 517 of the Tariff Act of 1930, referred to in subsec. (c), are classified to sections 1516a and 1517 of Title 19, Customs Duties. The Trade Act of 1974, referred to in subsec. (d), is Pub. L. 93618 Jan. 3, 1975 88 Stat. 1978 section 2371b of Title 19 Pub. L. 11240, title II,  222(a)(1) Oct. 21, 2011 125 Stat. 411 section 2101 of Title 19 Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (e), is classified to section 2515(b)(1) of Title 19 Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (f), is classified to section 1677f(c)(2) of Title 19 Section 641 of the Tariff Act of 1930, referred to in subsec. (g)(1), (2), is classified to section 1641 of Title 19 Section 499(b) of the Tariff Act of 1930, referred to in subsec. (g)(3), is classified to section 1499(b) of Title 19 Section 305 of the Tariff Act of 1930, referred to in subsec. (j), is classified to section 1305 of Title 19 Prior Provisions A prior section 1581, act June 25, 1948, ch. 646 62 Stat. 943 Pub. L. 96417 section 1585 of this title Amendments 2020Subsec. (i). Pub. L. 116113,  423(a)(1)(A) Subsec. (i)(1)(D). Pub. L. 116113,  423(a)(1)(C) 2016Subsec. (c). Pub. L. 114125 2009Subsec. (d)(3), (4). Pub. L. 1115 1993Subsec. (g)(3). Pub. L. 103182,  684(a)(1) Subsec. (i). Pub. L. 103182,  414(a)(1) 1988Subsec. (i). Pub. L. 100449 1986Subsec. (g)(1). Pub. L. 99514 1984Subsec. (g)(1). Pub. L. 98573 Subsec. (g)(2). Pub. L. 98573 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by Pub. L. 116113 July 1, 2020 section 1516a of Title 19 section 432 of Pub. L. 116113 section 1516a of Title 19 Effective Date of 2016 Amendment Amendment by Pub. L. 114125 Feb. 24, 2016 section 421(c) of Pub. L. 114125 section 1517 of Title 19 Effective Date of 2009 Amendment Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 Feb. 17, 2009 section 1891 of Pub. L. 1115 section 2271 of Title 19 Effective Date of 1993 Amendment Amendment by section 414(a)(1) of Pub. L. 103182 Jan. 1, 1994 section 1516a(a)(2)(B)(vi) of Title 19 section 416 of Pub. L. 103182 section 3431 of Title 19 Effective and Termination Dates of 1988 Amendment Amendment by Pub. L. 100449 Jan. 1, 1989 Pub. L. 100449 section 2112 of Title 19 Effective Date of 1984 Amendment Amendment by Pub. L. 98573 Oct. 30, 1984 section 214(d) of Pub. L. 98573 section 1304 of Title 19 Effective Date Chapter effective Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Subsecs. (d) and (g) to (i) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(A) of Pub. L. 96417 Application of 1993 Amendment Pub. L. 103182, title VI,  684(b) Dec. 8, 1993 section 684(a) of Pub. L. 103182 Pub. L. 116113, title VI,  601 Jan. 29, 2020 134 Stat. 78 July 1, 2020  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6 Effect of Termination of USMCA Country Status For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116113 section 4601 of Title 19  1582. Civil actions commenced by the United States The Court of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States (1) to recover a civil penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930; (2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or (3) to recover customs duties. (Added Pub. L. 96417, title II,  201 Oct. 10, 1980 94 Stat. 1729 Pub. L. 98573, title II,  212(b)(2) Oct. 30, 1984 98 Stat. 2983 Pub. L. 99514, title XVIII,  1891(2) Oct. 22, 1986 100 Stat. 2926 Pub. L. 103182, title VI,  684(c) Dec. 8, 1993 107 Stat. 2219  Editorial Notes  References in Text Sections 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), and 734(i)(2) of the Tariff Act of 1930, referred to in par. (1), are classified to sections 1592, 1593a, 1641(b)(6), 1641(d)(2)(A), 1671c(i)(2), and 1673c(i)(2), respectively, of Title 19, Customs Duties. Prior Provisions A prior section 1582, acts June 25, 1948, ch. 646 62 Stat. 943 June 2, 1970 Pub. L. 91271, title I,  110 84 Stat. 278 July 26, 1979 Pub. L. 9639, title X,  1001(b)(4)(B) 93 Stat. 305 Pub. L. 96417 Amendments 1993Par. (1). Pub. L. 103182 1986Par. (1). Pub. L. 99514 1984Par. (1). Pub. L. 98573 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98573 Oct. 30, 1984 section 214(d) of Pub. L. 98573 section 1304 of Title 19 Effective Date Section applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980 section 701(c)(1)(A) of Pub. L. 96417 section 251 of this title  1583. Counterclaims, cross-claims, and third-party actions  In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, cross-claim, or third-party action of any party, if (1) such claim or action involves the imported merchandise that is the subject matter of such civil action, or (2) such claim or action is to recover upon a bond or customs duties relating to such merchandise. (Added Pub. L. 96417, title II,  201 Oct. 10, 1980 94 Stat. 1729  Editorial Notes Prior Provisions A prior section 1583, act June 25, 1948, ch. 646 62 Stat. 943 Pub. L. 91271, title I,  111 June 2, 1970 84 Stat. 278 Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(A) of Pub. L. 96417 section 251 of this title  1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA  The United States Court of International Trade shall have exclusive jurisdiction of any civil action which arises under section 777(f) of the Tariff Act of 1930 and is commenced by the United States to enforce administrative sanctions levied for violation of a protective order or an undertaking. (Added Pub. L. 100449, title IV,  402(d)(1) Sept. 28, 1988 102 Stat. 1884 Pub. L. 103182, title IV,  414(a)(2) Dec. 8, 1993 107 Stat. 2147 Pub. L. 116113, title IV,  423(a)(2) Jan. 29, 2020 134 Stat. 65  Termination of Section For termination of section by section 501(c) of Pub. L. 100449 Editorial Notes  References in Text Section 777(f) of the Tariff Act of 1930, referred to in text, is classified to section 1677f(f) of Title 19 Prior Provisions A prior section 1584, added Pub. L. 96417, title II,  201 Oct. 10, 1980 94 Stat. 1729 Pub. L. 97164, title I,  135 Apr. 2, 1982 96 Stat. 41 Oct. 1, 1982 Amendments 2020 Pub. L. 116113 1993 Pub. L. 103182 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by Pub. L. 116113 July 1, 2020 section 1516a of Title 19 section 432 of Pub. L. 116113 section 1516a of Title 19 Effective Date of 1993 Amendment Amendment by Pub. L. 103182 Jan. 1, 1994 section 1516a(a)(2)(B)(vi) of Title 19 section 416 of Pub. L. 103182 section 3431 of Title 19 Effective and Termination Dates Section effective on date United States-Canada Free-Trade Agreement enters into force ( Jan. 1, 1989 Pub. L. 100449 section 2112 of Title 19 Effect of Termination of USMCA Country Status For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116113 section 4601 of Title 19  1585. Powers in law and equity  The Court of International Trade shall possess all the powers in law and equity of, or as conferred by statute upon, a district court of the United States. (Added Pub. L. 96417, title II,  201 Oct. 10, 1980 94 Stat. 1730 CHAPTER 97 JURISDICTIONAL IMMUNITIES OF FOREIGN STATES    Sec.  1602. Findings and declaration of purpose.  1603. Definitions.  1604. Immunity of a foreign state from jurisdiction.  1605. General exceptions to the jurisdictional immunity of a foreign state.  1605A. Terrorism exception to the jurisdictional immunity of a foreign state.  1605B. Responsibility of foreign states for international terrorism against the United States.  1606. Extent of liability.  1607. Counterclaims.  1608. Service; time to answer default. 1 1  1609. Immunity from attachment and execution of property of a foreign state.  1610. Exceptions to the immunity from attachment or execution.  1611. Certain types of property immune from execution.  Editorial Notes Amendments 2016 Pub. L. 114222,  3(b)(1) Sept. 28, 2016 130 Stat. 853 2008 Pub. L. 110181, div. A, title X,  1083(a)(2) Jan. 28, 2008 122 Stat. 341  1602. Findings and declaration of purpose  The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2892  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 94583,  8 Oct. 21, 1976 90 Stat. 2898 This Act [enacting this chapter and section 1330 of this title section 1 of this title Oct. 21, 1976 Short Title For short title of Pub. L. 94583 section 1 of Pub. L. 94583 section 1 of this title Separability Pub. L. 94583,  7 Oct. 21, 1976 90 Stat. 2898 If any provision of this Act [enacting this chapter and section 1330 of this title section 1 of this title  1603. Definitions For purposes of this chapter (a) A foreign state, except as used in section 1608 of this title (b) An agency or instrumentality of a foreign state means any entity (1) which is a separate legal person, corporate or otherwise, and (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and (3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (e) of this title, nor created under the laws of any third country. (c) The United States includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. (d) A commercial activity means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose. (e) A commercial activity carried on in the United States by a foreign state means commercial activity carried on by such state and having substantial contact with the United States. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2892 Pub. L. 1092,  4(b)(2) Feb. 18, 2005 119 Stat. 12  Editorial Notes Amendments 2005Subsec. (b)(3). Pub. L. 1092 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1092 Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1604. Immunity of a foreign state from jurisdiction  Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2892  Editorial Notes  References in Text The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94583 Oct. 21, 1976 Statutory Notes and Related Subsidiaries Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1605. General exceptions to the jurisdictional immunity of a foreign state (a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case (1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver; (2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States; (3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States; (4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue; (5) not otherwise encompassed in paragraph (2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment; except this paragraph shall not apply to (A) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function regardless of whether the discretion be abused, or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights; or (6) in which the action is brought, either to enforce an agreement made by the foreign state with or for the benefit of a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration under the laws of the United States, or to confirm an award made pursuant to such an agreement to arbitrate, if (A) the arbitration takes place or is intended to take place in the United States, (B) the agreement or award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards, (C) the underlying claim, save for the agreement to arbitrate, could have been brought in a United States court under this section or section 1607, or (D) paragraph (1) of this subsection is otherwise applicable. (b) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which a suit in admiralty is brought to enforce a maritime lien against a vessel or cargo of the foreign state, which maritime lien is based upon a commercial activity of the foreign state: Provided (1) notice of the suit is given by delivery of a copy of the summons and of the complaint to the person, or his agent, having possession of the vessel or cargo against which the maritime lien is asserted; and if the vessel or cargo is arrested pursuant to process obtained on behalf of the party bringing the suit, the service of process of arrest shall be deemed to constitute valid delivery of such notice, but the party bringing the suit shall be liable for any damages sustained by the foreign state as a result of the arrest if the party bringing the suit had actual or constructive knowledge that the vessel or cargo of a foreign state was involved; and (2) notice to the foreign state of the commencement of suit as provided in section 1608 of this title (c) Whenever notice is delivered under subsection (b)(1), the suit to enforce a maritime lien shall thereafter proceed and shall be heard and determined according to the principles of law and rules of practice of suits in rem whenever it appears that, had the vessel been privately owned and possessed, a suit in rem might have been maintained. A decree against the foreign state may include costs of the suit and, if the decree is for a money judgment, interest as ordered by the court, except that the court may not award judgment against the foreign state in an amount greater than the value of the vessel or cargo upon which the maritime lien arose. Such value shall be determined as of the time notice is served under subsection (b)(1). Decrees shall be subject to appeal and revision as provided in other cases of admiralty and maritime jurisdiction. Nothing shall preclude the plaintiff in any proper case from seeking relief in personam in the same action brought to enforce a maritime lien as provided in this section. (d) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any action brought to foreclose a preferred mortgage, as defined in section 31301 of title 46 [(e) , (f) Repealed. Pub. L. 110181, div. A, title X,  1083(b)(1)(B) Jan. 28, 2008 122 Stat. 341 (g)  Limitation on Discovery. (1)  In general (A) Subject to paragraph (2), if an action is filed that would otherwise be barred by section 1604, but for section 1605A or section 1605B, the court, upon request of the Attorney General, shall stay any request, demand, or order for discovery on the United States that the Attorney General certifies would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action, until such time as the Attorney General advises the court that such request, demand, or order will no longer so interfere. (B) A stay under this paragraph shall be in effect during the 12-month period beginning on the date on which the court issues the order to stay discovery. The court shall renew the order to stay discovery for additional 12-month periods upon motion by the United States if the Attorney General certifies that discovery would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action. (2)  Sunset (A) Subject to subparagraph (B), no stay shall be granted or continued in effect under paragraph (1) after the date that is 10 years after the date on which the incident that gave rise to the cause of action occurred. (B) After the period referred to in subparagraph (A), the court, upon request of the Attorney General, may stay any request, demand, or order for discovery on the United States that the court finds a substantial likelihood would (i) create a serious threat of death or serious bodily injury to any person; (ii) adversely affect the ability of the United States to work in cooperation with foreign and international law enforcement agencies in investigating violations of United States law; or (iii) obstruct the criminal case related to the incident that gave rise to the cause of action or undermine the potential for a conviction in such case. (3)  Evaluation of evidence The courts evaluation of any request for a stay under this subsection filed by the Attorney General shall be conducted ex parte and in camera. (4)  Bar on motions to dismiss A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. (5)  Construction Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States. (h)  Jurisdictional Immunity for Certain Art Exhibition Activities. (1)  In general If (A) a work is imported into the United States from any foreign state pursuant to an agreement that provides for the temporary exhibition or display of such work entered into between a foreign state that is the owner or custodian of such work and the United States or one or more cultural or educational institutions within the United States; (B) the President, or the Presidents designee, has determined, in accordance with subsection (a) of Public Law 89259 22 U.S.C. 2459(a) (C) the notice thereof has been published in accordance with subsection (a) of Public Law 89259 22 U.S.C. 2459(a) any activity in the United States of such foreign state, or of any carrier, that is associated with the temporary exhibition or display of such work shall not be considered to be commercial activity by such foreign state for purposes of subsection (a)(3). (2)  Exceptions. (A)  Nazi-era claims Paragraph (1) shall not apply in any case asserting jurisdiction under subsection (a)(3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and (i) the property at issue is the work described in paragraph (1); (ii) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; (iii) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in section 1603(d); and (iv) a determination under clause (iii) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (B)  Other culturally significant works In addition to cases exempted under subparagraph (A), paragraph (1) shall not apply in any case asserting jurisdiction under subsection (a)(3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and (i) the property at issue is the work described in paragraph (1); (ii) the action is based upon a claim that such work was taken in connection with the acts of a foreign government as part of a systematic campaign of coercive confiscation or misappropriation of works from members of a targeted and vulnerable group; (iii) the taking occurred after 1900; (iv) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in section 1603(d); and (v) a determination under clause (iv) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (3)  Definitions For purposes of this subsection (A) the term work means a work of art or other object of cultural significance; (B) the term covered government means (i) the Government of Germany during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation of the Government of Germany during the covered period; and (iv) any government in Europe that was an ally of the Government of Germany during the covered period; and (C) the term covered period means the period beginning on January 30, 1933 May 8, 1945 (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2892 Pub. L. 100640,  1 Nov. 9, 1988 102 Stat. 3333 Pub. L. 100669,  2 Nov. 16, 1988 102 Stat. 3969 Pub. L. 101650, title III,  325(b)(8) Dec. 1, 1990 104 Stat. 5121 Pub. L. 104132, title II,  221(a) Apr. 24, 1996 110 Stat. 1241 Pub. L. 10511 Apr. 25, 1997 111 Stat. 22 Pub. L. 10777, title VI,  626(c) Nov. 28, 2001 115 Stat. 803 Pub. L. 107117, div. B,  208 Jan. 10, 2002 115 Stat. 2299 Pub. L. 109304,  17(f)(2) Oct. 6, 2006 120 Stat. 1708 Pub. L. 110181, div. A, title X,  1083(b)(1) Jan. 28, 2008 122 Stat. 341 Pub. L. 114222,  3(b)(2) Sept. 28, 2016 130 Stat. 853 Pub. L. 114319,  2(a) Dec. 16, 2016 130 Stat. 1618  Editorial Notes  References in Text Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure, referred to in subsec. (g)(4), are set out in the Appendix to this title. Amendments 2016Subsec. (g)(1)(A). Pub. L. 114222 Subsec. (h). Pub. L. 114319 2008Subsec. (a)(7). Pub. L. 110181,  1083(b)(1)(A) Subsecs. (e), (f). Pub. L. 110181,  1083(b)(1)(B) Subsec. (g)(1)(A). Pub. L. 110181,  1083(b)(1)(C) 2006Subsec. (d). Pub. L. 109304 section 31301 of title 46 46 U.S.C. 911 2002Subsec. (a)(7)(A). Pub. L. 107117 Pub. L. 10777 2001Subsec. (a)(7)(A). Pub. L. 10777 Pub. L. 107117 1997Subsec. (a)(7)(B)(ii). Pub. L. 10511 1996Subsec. (a)(7). Pub. L. 104132,  221(a)(1) Subsecs. (e) to (g). Pub. L. 104132,  221(a)(2) 1990Subsec. (a)(6). Pub. L. 101650 1988Subsec. (a)(6). Pub. L. 100669 Subsec. (b). Pub. L. 100702,  1(3) Provided Subsec. (b)(1). Pub. L. 100640,  1(1) Subsec. (b)(2). Pub. L. 100640,  1(2) Subsecs. (c), (d). Pub. L. 100702,  1(3) Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Pub. L. 114319,  2(b) Dec. 16, 2016 130 Stat. 1619 The amendment made by this section [amending this section] shall apply to any civil action commenced on or after the date of the enactment of this Act [ Dec. 16, 2016 Amendment by Pub. L. 114222 Sept. 28, 2016 Sept. 11, 2001 section 7 of Pub. L. 114222 section 2333 of Title 18 Effective Date of 2008 Amendment For applicability of amendments by Pub. L. 110181 section 1083(c) of Pub. L. 110181 section 1605A of this title Effective Date of 1997 Amendment Pub. L. 10511 Apr. 25, 1997 Effective Date of 1996 Amendment Pub. L. 104132, title II,  221(c) Apr. 24, 1996 110 Stat. 1243 The amendments made by this subtitle [subtitle B ( 221) of title II of Pub. L. 104132 section 1610 of this title Apr. 24, 1996 Effective Date of 1988 Amendment Pub. L. 100640,  3 Nov. 9, 1988 102 Stat. 3334 The amendments made by this Act [amending this section and section 1610 of this title Nov. 9, 1988 Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title Notification Pub. L. 114319,  3 Dec. 16, 2016 130 Stat. 1620 The Secretary of State shall ensure that foreign states that apply for immunity under Public Law 89259 22 U.S.C. 2459 section 1 of this title Civil Liability for Acts of State Sponsored Terrorism Pub. L. 104208, div. A, title I,  101(c) [title V,  589] Sept. 30, 1996 110 Stat. 3009121  (a) an [sic] official, employee, or agent of a foreign state designated as a state sponsor of terrorism designated [sic] under [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j) section 1605(a)(7) of title 28 (b) Provisions related to statute of limitations and limitations on discovery that would apply to an action brought under 28 U.S.C. 1605(f)  1605A. Terrorism exception to the jurisdictional immunity of a foreign state (a)  In General. (1)  No immunity A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency. (2)  Claim heard The court shall hear a claim under this section if (A) (i) (I) the foreign state was designated as a state sponsor of terrorism at the time the act described in paragraph (1) occurred, or was so designated as a result of such act, and, subject to subclause (II), either remains so designated when the claim is filed under this section or was so designated within the 6-month period before the claim is filed under this section; or (II) in the case of an action that is refiled under this section by reason of section 1083(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2008 or is filed under this section by reason of section 1083(c)(3) of that Act, the foreign state was designated as a state sponsor of terrorism when the original action or the related action under section 1605(a)(7) (as in effect before the enactment of this section) or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104208 (ii) the claimant or the victim was, at the time the act described in paragraph (1) occurred (I) a national of the United States; (II) a member of the armed forces; or (III) otherwise an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employees employment; and (iii) in a case in which the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration; or (B) the act described in paragraph (1) is related to Case Number 1:00CV03110 (EGS) in the United States District Court for the District of Columbia. (b)  Limitations An action may be brought or maintained under this section if the action is commenced, or a related action was commenced under section 1605(a)(7) (before the date of the enactment of this section) or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104208 (1) 10 years after April 24, 1996 (2) 10 years after the date on which the cause of action arose. (c)  Private Right of Action A foreign state that is or was a state sponsor of terrorism as described in subsection (a)(2)(A)(i), and any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, shall be liable to (1) a national of the United States, (2) a member of the armed forces, (3) an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employees employment, or (4) the legal representative of a person described in paragraph (1), (2), or (3), for personal injury or death caused by acts described in subsection (a)(1) of that foreign state, or of an official, employee, or agent of that foreign state, for which the courts of the United States may maintain jurisdiction under this section for money damages. In any such action, damages may include economic damages, solatium, pain and suffering, and punitive damages. In any such action, a foreign state shall be vicariously liable for the acts of its officials, employees, or agents. (d)  Additional Damages After an action has been brought under subsection (c), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and loss claims under life and property insurance policies, by reason of the same acts on which the action under subsection (c) is based. (e)  Special Masters. (1)  In general The courts of the United States may appoint special masters to hear damage claims brought under this section. (2)  Transfer of funds The Attorney General shall transfer, from funds available for the program under section 1404C of the Victims of Crime Act of 1984 ( 42 U.S.C. 10603c 1 1 (f)  Appeal In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to section 1292(b) of this title (g)  Property Disposition. (1)  In general In every action filed in a United States district court in which jurisdiction is alleged under this section, the filing of a notice of pending action pursuant to this section, to which is attached a copy of the complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property that is (A) subject to attachment in aid of execution, or execution, under section 1610; (B) located within that judicial district; and (C) titled in the name of any defendant, or titled in the name of any entity controlled by any defendant if such notice contains a statement listing such controlled entity. (2)  Notice A notice of pending action pursuant to this section shall be filed by the clerk of the district court in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant. (3)  Enforceability Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title. (h)  Definitions For purposes of this section (1) the term aircraft sabotage has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation; (2) the term hostage taking has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; (3) the term material support or resources has the meaning given that term in section 2339A of title 18 (4) the term armed forces has the meaning given that term in section 101 of title 10 (5) the term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) (6) the term state sponsor of terrorism means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), 1 22 U.S.C. 2371 22 U.S.C. 2780 (7) the terms torture and extrajudicial killing have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 ( 28 U.S.C. 1350 (Added Pub. L. 110181, div. A, title X,  1083(a)(1) Jan. 28, 2008 122 Stat. 338  Editorial Notes  References in Text Section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (a)(2)(A)(i)(II), is section 1083(c) of Pub. L. 110181 The enactment of this section and the date of the enactment of this section, referred to in subsecs. (a)(2)(A)(i)(II) and (b), refers to the date of enactment of Pub. L. 110181 Jan. 28, 2008 Section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, referred to in subsecs. (a)(2)(A)(i)(II) and (b), is Pub. L. 104208, div. A, title I,  101(c) [title V,  589] section 1605 of this title Section 1404C of the Victims of Crime Act of 1984, referred to in subsec. (e)(2), is section 1404C of chapter XIV of title II of Pub. L. 98473 section 10603c of Title 42 section 20106 of Title 34 Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (h)(6), is section 6(j) of Pub. L. 9672 section 4605(j) of Title 50 Pub. L. 115232, div. A, title XVII,  1766(a) Aug. 13, 2018 132 Stat. 2232 Section 3 of the Torture Victim Protection Act of 1991, referred to in subsec. (h)(7), is section 3 of Pub. L. 102256 section 1350 of this title Statutory Notes and Related Subsidiaries Effective Date Pub. L. 110181, div. A, title X,  1083(c) Jan. 28, 2008 122 Stat. 342  (1)  In general The amendments made by this section [enacting this section and amending sections 1605, 1607 and 1610 of this title and section 20104 of Title 34 section 1605A of title 28 (2)  Prior actions. (A)  In general With respect to any action that (i) was brought under section 1605(a)(7) of title 28 Public Law 104208 28 U.S.C. 1605 Jan. 28, 2008 (ii) relied upon either such provision as creating a cause of action, (iii) has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action against the state, and (iv) as of such date of enactment, is before the courts in any form, including on appeal or motion under rule 60(b) of the Federal Rules of Civil Procedure [28 U.S.C. App.], that action, and any judgment in the action shall, on motion made by plaintiffs to the United States district court where the action was initially brought, or judgment in the action was initially entered, be given effect as if the action had originally been filed under section 1605A(c) of title 28 (B)  Defenses waived The defenses of res judicata, collateral estoppel, and limitation period are waived (i) in any action with respect to which a motion is made under subparagraph (A), or (ii) in any action that was originally brought, before the date of the enactment of this Act, under section 1605(a)(7) of title 28 Public Law 104208 section 1605A(c) of title 28 to the extent such defenses are based on the claim in the action. (C)  Time limitations A motion may be made or an action may be refiled under subparagraph (A) only (i) if the original action was commenced not later than the latter of (I) 10 years after April 24, 1996 (II) 10 years after the cause of action arose; and (ii) within the 60-day period beginning on the date of the enactment of this Act. (3)  Related actions If an action arising out of an act or incident has been timely commenced under section 1605(a)(7) of title 28 Public Law 104208 28 U.S.C. 1605 section 1605A of title 28 (A) the date of the entry of judgment in the original action; or (B) the date of the enactment of this Act [ Jan. 28, 2008 (4)  Preserving the jurisdiction of the courts Nothing in section 1503 of the Emergency Wartime Supplemental Appropriations Act, 2003 ( Public Law 10811 117 Stat. 579 Severability Pub. L. 110181, div. A, title X,  1083(e) Jan. 28, 2008 122 Stat. 344 If any provision of this section [enacting this section and amending sections 1605, 1607 and 1610 of this title and section 20104 of Title 34 Sudan Claims Resolution Pub. L. 116260, div. K, title IX Dec. 27, 2020 134 Stat. 1821 That any unexpended balances remaining following the distributions described in section 7(b)(1) of the Sudan Claims Resolution Act [probably means section 1707(b)(1) of title XVII of div. FF of Pub. L. 116260 September 30, 2030 Pub. L. 116260, div. FF, title XVII Dec. 27, 2020 134 Stat. 3291  SEC. 1701. SHORT TITLE. This title may be cited as the Sudan Claims Resolution Act. SEC. 1702. SENSE OF CONGRESS. It is the sense of Congress that (1) the United States should support Sudans democratic transition, particularly in light of the countrys dire economic situation, and this is a critical moment to address longstanding issues in the relationship between the United States and Sudan; (2) as part of the process of restoring normal relations between Sudan and the United States, Congress supports efforts to provide meaningful compensation to individuals employed by or serving as contractors for the United States Government, as well as their family members, who personally have been awarded by a United States District Court a judgment for compensatory damages against Sudan; and (3) the terrorism-related claims of victims and family members of the September 11, 2001 SEC. 1703. DEFINITIONS. In this Act [probably means this title]: (1)  Appropriate congressional committees The term appropriate congressional committees means (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2)  Claims agreement The term claims agreement means the Claims Settlement Agreement Between the Government of the United States of America and the Government of the Republic of the Sudan, done at Washington, D.C., on October 30, 2020 October 21, 2020 December 19, 2020 (3)  Foreign national The term foreign national means an individual who is not a citizen of the United States. (4)  Secretary The term Secretary means the Secretary of State. (5)  State sponsor of terrorism The term state sponsor of terrorism means a country the government of which the Secretary has determined is a government that has repeatedly provided support for acts of international terrorism, for purposes of (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (D) any other provision of law. (6)  Sudan The term Sudan means the Government of the Republic of the Sudan. SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN. (a)  Immunity. (1)  In general Subject to section 1706, and notwithstanding any other provision of law, upon submission of a certification described in paragraph (2) (A) Sudan, an agency or instrumentality of Sudan, and the property of Sudan or an agency or instrumentality of Sudan, shall not be subject to the exceptions to immunity from jurisdiction, liens, attachment, and execution under section 1605(a)(7) (as such section was in effect on January 27, 2008 (B)  section 1605A(c) of title 28 Public Law 110181 28 U.S.C. 1605A Public Law 104208 28 U.S.C. 1605 (C) any attachment, decree, lien, execution, garnishment, or other judicial process brought against property of Sudan, or property of any agency, instrumentality, official, employee, or agent of Sudan, in connection with an action that is precluded by subparagraph (A) or (B) shall be void. (2)  Certification A certification described in this paragraph is a certification by the Secretary to the appropriate congressional committees stating that (A) the August 12, 1993 (B) Sudan has made final payments with respect to the private settlement of the claims of victims of the U.S.S. Cole attack; and (C) the United States Government has received funds pursuant to the claims agreement that are sufficient to ensure (i) payment of the agreed private settlement amount for the death of a citizen of the United States who was an employee of the United States Agency for International Development in Sudan on January 1, 2008 (ii) meaningful compensation for claims of citizens of the United States (other than individuals described in section 1707(a)(1)) for wrongful death or physical injury in cases arising out of the August 7, 1998 (iii) funds for compensation through a fair process to address compensation for terrorism-related claims of foreign nationals for wrongful death or physical injury arising out of the events referred to in clause (ii). (b)  Scope Subject to section 1706, subsection (a) of this section shall apply to all conduct and any event occurring before the date of the certification described in subsection (a)(2), regardless of whether, or the extent to which, application of that subsection affects any action filed before, on, or after that date. (c)  Authority of the Secretary The certification by the Secretary referred to in subsection (a)(2) may not be delegated and may not be subject to judicial review. SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND.  [Amended section 20144 of Title 34 SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL TERRORISM CLAIMS AGAINST SUDAN. (a)  Findings Congress makes the following findings: (1) It is the long-standing policy of the United States that civil lawsuits against those who support, aid and abet, and provide material support for international terrorism serve the national security interests of the United States by deterring the sponsorship of terrorism and by advancing interests of justice, transparency, and accountability. (2) Neither the claims agreement, nor any other aspect of the effort to normalize relations with Sudan (A) resolved claims against Sudan involving victims and family members of the September 11, 2001 (B) otherwise advanced the interests of the victims and family members of the September 11, 2001 (3) The claims referenced in paragraph (2)(A) remain pending in the multidistrict proceeding 03MDL1570 in the United States District Court for the Southern District of New York, and subsection (c) preserves and protects those claims. (b)  Sense of Congress It is the sense of Congress that the executive branch should not file a Statement of Interest or any other submission, or intervene in any other way, in the multidistrict proceeding 03MDL1570, in connection to the rescission of the designation of Sudan as a state sponsor of terrorism or the restoration of Sudans immunities from jurisdiction and execution in conformity with this Act [probably means this title], if such action would disadvantage terrorism victims. (c)  In General Nothing in this Act [probably means this title] shall apply to, be construed to apply to, or otherwise affect (1) any claim in any of the proceedings comprising the multidistrict proceeding 03-MDL-1570 in the United States District Court for the Southern District of New York brought by any person who, as of the date of the enactment of this Act [ Dec. 27, 2020 (2) the enforcement of any judgment in favor of such person entered in such proceeding. (d)  Applicable Law Proceedings described in subsection (c) shall be governed by applicable law in effect before the date of the enactment of this Act [ Dec. 27, 2020 (1) chapter 97 of title 28, United States Code (commonly known as the Foreign Sovereign Immunities Act of 1976), including 28 U.S.C. 1605A (2) section 201 [probably means section 201(a), (b), (d)] of the Terrorism Risk Insurance Act of 2002 ( Public Law 107297 28 U.S.C. 1610 (3) rules governing the rights of parties to amend pleadings; and (4) other relevant provisions of law. (e)  Rule of Construction Nothing in this section shall alter, impact the interpretation of, or otherwise affect (1) any section of chapter 97 of title 28, United States Code; or (2) any other provision of law. SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES CITIZENS AND FOREIGN NATIONALS. (a)  Compensation. (1)  In general There is authorized to be appropriated $150,000,000 for payment of compensation, notwithstanding any other provision of law, to any individual who (A) has been awarded a judgment in any of the cases set forth in section (c) of the Annex to the claims agreement; and (B) is (i) a United States employee or contractor injured in connection with the bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania, who became a United States citizen after August 7, 1998 Dec. 27, 2020 (ii) a family member (I) of a United States employee or contractor injured in connection with the bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania; and (II) who is a United States citizen as of the date of the enactment of this Act; or (iii) a family member (I) of a foreign national United States employee or contractor killed during those bombings; and (II) who is a United States citizen as of the date of the enactment of this Act. (2)  Payments With the requirement of achieving parity in compensation between individuals who became United States citizens after August 7, 1998 August 7, 1998 (A) an individual described in paragraph (1)(B)(i) shall be based on the same standards used to determine the compensation for an employee or contractor injured in connection with the bombings described in that paragraph who was a United States citizen on or before August 7, 1998 (B) an individual described in paragraph (1)(B)(ii) shall be on an equal basis to compensation provided to a family member of an individual described in subparagraph (A); and (C) an individual described in paragraph (1)(B)(iii) shall be on an equal, or, where applicable, a pro rata basis to compensation provided to a family member of a United States employee or contractor who was a United States citizen killed during such bombings. (b)  Distribution and Requirements. (1)  Distribution The Secretary shall distribute payments from funds made available to carry out subsection (a)(1) to individuals described in that subsection. (2)  Authorization letter Not later than December 31, 2021 (3)  Requirement before distribution Before making a payment to an individual under paragraph (1), and after the delivery of the authorization letter under paragraph (2), the Secretary shall require the individual to execute a writing that includes a waiver and release of all the individuals rights to assert claims for compensatory or other relief in any form or to enforce any judgment against Sudan in connection with, and any claims against the United States related to, any claim, suit, or action specified in Article II of the claims agreement. (c)  Foreign Nationals Notwithstanding any other provision of law or the claims agreement (1) individuals described in subsection (a)(1) are not eligible to receive any compensation as provided by Sudan pursuant to Article III of the claims agreement; and (2) the funds provided by Sudan for distribution of compensation to such individuals pursuant to the Annex of the claims agreement shall be redistributed (A) among all other individuals eligible for compensation under section (c) of the Annex to the claims agreement consistent with the principles set out in that Annex; or (B) if Sudan and the foreign nationals eligible for compensation reach a private settlement, then pursuant to the terms of that settlement. (d)  Department of State Reporting Requirements. (1)  Initial report Not later than 90 days after the date of the enactment of this Act [ Dec. 27, 2020 (2)  Updated report Not later than December 31, 2021 (A) whether the distribution plan described in paragraph (1) was carried out; and (B) whether compensation levels were provided as described in the report required by paragraph (1). (e)  Comptroller General Report Not later than December 31, 2022 (1) all distributions were made in accordance with the requirements of subsections (a), (b), and (c); and (2) all individuals described in subsection (a)(1) received compensation from amounts made available to carry out that subsection in the manner described in subsection (a)(2). SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE. (a)  Findings Congress makes the following findings: (1) Congress and the executive branch share responsibility for the foreign relations of the United States pursuant to Article I and Article II of the Constitution of the United States. (2) All legislative powers of the Federal Government, including on matters of foreign relations, are vested in the Congress of the United States pursuant to section 1 of Article I of the Constitution. (3) The executive branch may not direct Congress to take any action, nor may it convey any legislative or other power assigned to Congress under the Constitution to any entity, domestic or foreign. (4) The original escrow release conditions agreement prescribed specific legislative text and purported both to require enactment of such text and provide a veto to Sudan over exceptions to that text. (5) Congress rejected the approach described in paragraph (4). (6) The executive branch and Sudan subsequently amended the escrow release conditions agreement to eliminate the specific legislative text as well as the purported requirement for enactment and the purported veto over exceptions to that text. (b) Amendment to Case-Zablocki Act  [Amended section 112b of Title 1 Libya Claims Resolution Pub. L. 110301 Aug. 4, 2008 122 Stat. 2999  SECTION 1. SHORT TITLE. This Act may be cited as the Libyan Claims Resolution Act. SEC. 2. DEFINITIONS. In this Act (1) the term appropriate congressional committees means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; (2) the term claims agreement means an international agreement between the United States and Libya, binding under international law, that provides for the settlement of terrorism-related claims of nationals of the United States against Libya through fair compensation; (3) the term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) (4) the term Secretary means the Secretary of State; and (5) the term state sponsor of terrorism means a country the government of which the Secretary has determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j) 22 U.S.C. 2371 22 U.S.C. 2780 SEC. 3. SENSE OF CONGRESS. Congress supports the President in his efforts to provide fair compensation to all nationals of the United States who have terrorism-related claims against Libya through a comprehensive settlement of claims by such nationals against Libya pursuant to an international agreement between the United States and Libya as a part of the process of restoring normal relations between Libya and the United States. SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS AGREEMENT. (a)  Designation of Entity. (1)  Designation The Secretary, by publication in the Federal Register, may, after consultation with the appropriate congressional committees, designate 1 or more entities to assist in providing compensation to nationals of the United States, pursuant to a claims agreement. (2)  Authority of the secretary The designation of an entity under paragraph (1) is within the sole discretion of the Secretary, and may not be delegated. The designation shall not be subject to judicial review. (b)  Immunity. (1)  Property. (A)  In general Notwithstanding any other provision of law, if the Secretary designates any entity under subsection (a)(1), any property described in subparagraph (B) of this paragraph shall be immune from attachment or any other judicial process. Such immunity shall be in addition to any other applicable immunity. (B)  Property described The property described in this subparagraph is any property that (i) relates to the claims agreement; and (ii) for the purpose of implementing the claims agreement, is (I) held by an entity designated by the Secretary under subsection (a)(1); (II) transferred to the entity; or (III) transferred from the entity. (2)  Other acts An entity designated by the Secretary under subsection (a)(1), and any person acting through or on behalf of such entity, shall not be liable in any Federal or State court for any action taken to implement a claims agreement. (c)  Nonapplicability of the Government Corporation Control Act An entity designated by the Secretary under subsection (a)(1) shall not be subject to chapter 91 of title 31, United States Code (commonly known as the Government Corporation Control Act). SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF LIBYA. (a)  Immunity. (1)  In general Notwithstanding any other provision of law, upon submission of a certification described in paragraph (2) (A) Libya, an agency or instrumentality of Libya, and the property of Libya or an agency or instrumentality of Libya, shall not be subject to the exceptions to immunity from jurisdiction, liens, attachment, and execution contained in section 1605A, [former] 1605(a)(7), or 1610 (insofar as section 1610 relates to a judgment under such section 1605A or [former] 1605(a)(7)) of title 28, United States Code; (B)  section 1605A(c) of title 28 Public Law 110181 122 Stat. 342 28 U.S.C. 1605A Pub. L. 104208, div. A, title I,  101(c) 28 U.S.C. 1605 (C) any attachment, decree, lien, execution, garnishment, or other judicial process brought against property of Libya, or property of any agency, instrumentality, official, employee, or agent of Libya, in connection with an action that would be precluded by subparagraph (A) or (B) shall be void. (2)  Certification A certification described in this paragraph is a certification (A) by the Secretary to the appropriate congressional committees; and (B) stating that the United States Government has received funds pursuant to the claims agreement that are sufficient to ensure (i) payment of the settlements referred to in section 654(b) of division J of the Consolidated Appropriations Act, 2008 ( Public Law 110161 121 Stat. 2342 (ii) fair compensation of claims of nationals of the United States for wrongful death or physical injury in cases pending on the date of enactment of this Act [ Aug. 4, 2008 section 1605A of title 28 section 1605(a)(7) of title 28 28 U.S.C. 1605 Public Law 110181 122 Stat. 342 28 U.S.C. 1605A (b)  Temporal Scope Subsection (a) shall apply only with respect to any conduct or event occurring before June 30, 2006 (c)  Authority of the Secretary The certification by the Secretary referred to in subsection (a)(2) may not be delegated, and shall not be subject to judicial review. Applicability to Iraq Pub. L. 110181, div. A, title X,  1083(d) Jan. 28, 2008 122 Stat. 343  (1)  Applicability The President may waive any provision of this section [enacting this section and amending sections 1605, 1607 and 1610 of this title and section 20104 of Title 34 (A) the waiver is in the national security interest of the United States; (B) the waiver will promote the reconstruction of, the consolidation of democracy in, and the relations of the United States with, Iraq; and (C) Iraq continues to be a reliable ally of the United States and partner in combating acts of international terrorism. (2)  Temporal scope The authority under paragraph (1) shall apply (A) with respect to any conduct or event occurring before or on the date of the enactment of this Act [ Jan. 28, 2008 (B) with respect to any conduct or event occurring before or on the date of the exercise of that authority; and (C) regardless of whether, or the extent to which, the exercise of that authority affects any action filed before, on, or after the date of the exercise of that authority or of the enactment of this Act. (3)  Notification to congress A waiver by the President under paragraph (1) shall cease to be effective 30 days after it is made unless the President has notified Congress in writing of the basis for the waiver as determined by the President under paragraph (1). (4)  Sense of congress It is the sense of the Congress that the President, acting through the Secretary of State, should work with the Government of Iraq on a state-to-state basis to ensure compensation for any meritorious claims based on terrorist acts committed by the Saddam Hussein regime against individuals who were United States nationals or members of the United States Armed Forces at the time of those terrorist acts and whose claims cannot be addressed in courts in the United States due to the exercise of the waiver authority under paragraph (1). Executive Documents  Ex. Ord. No. 13477. Settlement of Claims Against Libya Ex. Ord. No. 13477, Oct. 31, 2008 By the authority vested in me as President by the Constitution and the laws of the United States of America, and pursuant to the August 14, 2008 October 31, 2008 Public Law 110301 Section (a) Claims of United States nationals within the terms of Article I are espoused by the United States and are settled according to the terms of the Claims Settlement Agreement. (i) No United States national may assert or maintain any claim within the terms of Article I in any forum, domestic or foreign, except under the procedures provided for by the Secretary of State. (ii) Any pending suit in any court, domestic or foreign, by United States nationals (including any suit with a judgment that is still subject to appeal or other forms of direct judicial review) coming within the terms of Article I shall be terminated. (iii) The Secretary of State shall provide for procedures governing applications by United States nationals with claims within the terms of Article I for compensation for those claims. (iv) The Attorney General shall enforce this subsection through all appropriate means, which may include seeking the dismissal, with prejudice, of any claim of a United States national within the terms of Article I pending or filed in any forum, domestic or foreign. (b) Claims of foreign nationals within the terms of Article I are settled according to the terms of the Claims Settlement Agreement. (i) No foreign national may assert or maintain any claim coming within the terms of Article I in any court in the United States. (ii) Any pending suit in any court in the United States by foreign nationals (including any suit with a judgment that is still subject to appeal or other forms of direct judicial review) coming within the terms of Article I shall be terminated. (iii) Neither the dismissal of the lawsuit, nor anything in this order, shall affect the ability of any foreign national to pursue other available remedies for claims coming within the terms of Article I in foreign courts or through the efforts of foreign governments. (iv) The Attorney General shall enforce this subsection through all appropriate means, which may include seeking the dismissal, with prejudice, of any claim of a foreign national within the terms of Article I pending or filed in any court in the United States. Sec (a) The term United States national has the same meaning as national of the United States in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) (b) The term foreign national means any person other than a United States national. (c) The term person means any individual or entity, including both natural and juridical persons. (d) The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. Sec  George W. Bush.  Waiver of Section 1083 of the National Defense Authorization Act for Fiscal Year 2008 Determination of President of the United States, No. 20089, Jan. 28, 2008 Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3  All provisions of section 1083 of the Act, if applied to Iraq or any agency or instrumentality thereof, may affect Iraq or its agencies or instrumentalities, by exposing Iraq or its agencies or instrumentalities to liability in United States courts and by entangling their assets in litigation.  The economic security and successful reconstruction of Iraq continue to be top national security priorities of the United States. Section 1083 of the Act threatens those key priorities. If permitted to apply to Iraq, section 1083 would risk the entanglement of substantial Iraqi assets in litigation in the United Statesincluding those of the Development Fund for Iraq, the Central Bank of Iraq, and commercial entities in the United States in which Iraq has an interest. Section 1083 also would expose Iraq to new liability of at least several billion dollars by undoing judgments favorable to Iraq, by foreclosing available defenses on which Iraq is relying in pending litigation, and by creating a new Federal cause of action backed by the prospect of punitive damages to support claims that may previously have been foreclosed. If permitted to apply to Iraq, section 1083 would have a significant financial impact on Iraq and would result in the redirection of financial resources from the continued reconstruction of Iraq and the harming of Iraqs stability, contrary to the interests of the United States.  A waiver of all provisions of section 1083 with respect to Iraq and any agency or instrumentality of Iraq is therefore in the national security interest of the United States and will promote the reconstruction of, the consolidation of democracy in, and the relations of the United States with, Iraq.  Iraq continues to be a reliable ally of the United States and a partner in combating acts of international terrorism. The November 26, 2007 Accordingly, I hereby waive all provisions of section 1083 of the Act with respect to Iraq and any agency or instrumentality thereof. You are authorized and directed to notify the Congress of this determination and waiver and the accompanying memorandum of justification [not set out in the Code], incorporated by reference herein, and to arrange for their publication in the Federal Register.  George W. Bush.  1605B. Responsibility of foreign states for international terrorism against the United States (a)  Definition In this section, the term international terrorism (1) has the meaning given the term in section 2331 of title 18 (2) does not include any act of war (as defined in that section). (b)  Responsibility of Foreign States A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by (1) an act of international terrorism in the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. (c)  Claims by Nationals of the United States Notwithstanding section 2337(2) of title 18 (d)  Rule of Construction A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence. (Added Pub. L. 114222,  3(a) Sept. 28, 2016 130 Stat. 853  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action pending on, or commenced on or after, Sept. 28, 2016 Sept. 11, 2001 section 7 of Pub. L. 114222 section 2333 of Title 18 Stay of Actions Pending State Negotiations Pub. L. 114222,  5 Sept. 28, 2016 130 Stat. 854  (a)  Exclusive Jurisdiction The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28 (b)  Intervention The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28 (c)  Stay. (1)  In general A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2)  Duration. (A)  In general A stay under this section may be granted for not more than 180 days. (B)  Extension. (i)  In general The Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii)  Recertification A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.  1606. Extent of liability  As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2894 Pub. L. 105277, div. A,  101(h) [title I,  117(b)] Oct. 21, 1998 112 Stat. 2681480 Pub. L. 106386, div. C,  2002(g)(2) Oct. 28, 2000 114 Stat. 1543 Pub. L. 107297, title II,  201(c)(3) Nov. 26, 2002 116 Stat. 2337  Editorial Notes Amendments 2000 Pub. L. 106386,  2002(g)(2) Pub. L. 107297 Pub. L. 105277 1998 Pub. L. 105277 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Amendment by Pub. L. 105277 section 1605(a)(7) of this title Oct. 21, 1998 Pub. L. 105277 section 1610 of this title Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1607. Counterclaims In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim (a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or (b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or (c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2894 Pub. L. 110181, div. A, title X,  1083(b)(2) Jan. 28, 2008 122 Stat. 341  Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110181 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment For applicability of amendments by Pub. L. 110181 section 1083(c) of Pub. L. 110181 section 1605A of this title Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1608. Service; time to answer; default (a) Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state: (1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or (2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or (3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or (4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Servicesand the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted. As used in this subsection, a notice of suit shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation. (b) Service in the courts of the United States and of the States shall be made upon an agency or instrumentality of a foreign state: (1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the agency or instrumentality; or (2) if no special arrangement exists, by delivery of a copy of the summons and complaint either to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process in the United States; or in accordance with an applicable international convention on service of judicial documents; or (3) if service cannot be made under paragraphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state (A) as directed by an authority of the foreign state or political subdivision in response to a letter rogatory or request or (B) by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the agency or instrumentality to be served, or (C) as directed by order of the court consistent with the law of the place where service is to be made. (c) Service shall be deemed to have been made (1) in the case of service under subsection (a)(4), as of the date of transmittal indicated in the certified copy of the diplomatic note; and (2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed. (d) In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days after service has been made under this section. (e) No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2894  Statutory Notes and Related Subsidiaries Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1609. Immunity from attachment and execution of property of a foreign state  Subject to existing international agreements to which the United States is a party at the time of enactment of this Act the property in the United States of a foreign state shall be immune from attachment 1 1 1 (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2895  Editorial Notes  References in Text The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94583 Oct. 21, 1976 Statutory Notes and Related Subsidiaries Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title  1610. Exceptions to the immunity from attachment or execution (a) The property in the United States of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if (1) the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the commercial activity upon which the claim is based, or (3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment establishing rights in property (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United States: Provided (5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment, or (6) the judgment is based on an order confirming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agreement, or (7) the judgment relates to a claim for which the foreign state is not immune under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008 (b) In addition to subsection (a), any property in the United States of an agency or instrumentality of a foreign state engaged in commercial activity in the United States shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if (1) the agency or instrumentality has waived its immunity from attachment in aid of execution or from execution either explicitly or implicitly, notwithstanding any withdrawal of the waiver the agency or instrumentality may purport to effect except in accordance with the terms of the waiver, or (2) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605(a)(2), (3), or (5) or 1605(b) of this chapter, regardless of whether the property is or was involved in the act upon which the claim is based, or (3) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605A of this chapter or section 1605(a)(7) of this chapter (as such section was in effect on January 27, 2008 (c) No attachment or execution referred to in subsections (a) and (b) of this section shall be permitted until the court has ordered such attachment and execution after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under section 1608(e) of this chapter. (d) The property of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment prior to the entry of judgment in any action brought in a court of the United States or of a State, or prior to the elapse of the period of time provided in subsection (c) of this section, if (1) the foreign state has explicitly waived its immunity from attachment prior to judgment, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, and (2) the purpose of the attachment is to secure satisfaction of a judgment that has been or may ultimately be entered against the foreign state, and not to obtain jurisdiction. (e) The vessels of a foreign state shall not be immune from arrest in rem, interlocutory sale, and execution in actions brought to foreclose a preferred mortgage as provided in section 1605(d). (f) (1) (A) Notwithstanding any other provision of law, including but not limited to section 208(f) of the Foreign Missions Act ( 22 U.S.C. 4308(f) 1 1 22 U.S.C. 2370(a) 50 U.S.C. 1701170 (B) Subparagraph (A) shall not apply if, at the time the property is expropriated or seized by the foreign state, the property has been held in title by a natural person or, if held in trust, has been held for the benefit of a natural person or persons. (2) (A) At the request of any party in whose favor a judgment has been issued with respect to a claim for which the foreign state is not immune under section 1605(a)(7) (as in effect before the enactment of section 1605A) or section 1605A, the Secretary of the Treasury and the Secretary of State should make every effort to fully, promptly, and effectively assist any judgment creditor or any court that has issued any such judgment in identifying, locating, and executing against the property of that foreign state or any agency or instrumentality of such state. (B) In providing such assistance, the Secretaries (i) may provide such information to the court under seal; and (ii) should make every effort to provide the information in a manner sufficient to allow the court to direct the United States Marshalls office to promptly and effectively execute against that property. (3)  Waiver The President may waive any provision of paragraph (1) in the interest of national security. (g)  Property in Certain Actions. (1)  In general Subject to paragraph (3), the property of a foreign state against which a judgment is entered under section 1605A, and the property of an agency or instrumentality of such a state, including property that is a separate juridical entity or is an interest held directly or indirectly in a separate juridical entity, is subject to attachment in aid of execution, and execution, upon that judgment as provided in this section, regardless of (A) the level of economic control over the property by the government of the foreign state; (B) whether the profits of the property go to that government; (C) the degree to which officials of that government manage the property or otherwise control its daily affairs; (D) whether that government is the sole beneficiary in interest of the property; or (E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. (2)  United states sovereign immunity inapplicable Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from attachment in aid of execution, or execution, upon a judgment entered under section 1605A because the property is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act. (3)  Third-party joint property holders Nothing in this subsection shall be construed to supersede the authority of a court to prevent appropriately the impairment of an interest held by a person who is not liable in the action giving rise to a judgment in property subject to attachment in aid of execution, or execution, upon such judgment. (Added Pub. L. 94583 Oct. 21, 1976 90 Stat. 2896 Pub. L. 100640,  2 Nov. 9, 1988 102 Stat. 3333 Pub. L. 100669,  3 Nov. 16, 1988 102 Stat. 3969 Pub. L. 101650, title III,  325(b)(9) Dec. 1, 1990 104 Stat. 5121 Pub. L. 104132, title II,  221(b) Apr. 24, 1996 110 Stat. 1242 Pub. L. 105277, div. A,  101(h) [title I,  117(a)] Oct. 21, 1998 112 Stat. 2681480 Pub. L. 106386, div. C,  2002(g)(1) Oct. 28, 2000 114 Stat. 1543 Pub. L. 107297, title II,  201(c)(3) Nov. 26, 2002 116 Stat. 2337 Pub. L. 110181, div. A, title X,  1083(b)(3) Jan. 28, 2008 122 Stat. 341 Pub. L. 112158, title V,  502(e)(1) Aug. 10, 2012 126 Stat. 1260  Editorial Notes  References in Text The effective date of this Act, referred to in subsecs. (a) and (b), is 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title The enactment of section 1605A, referred to in subsec. (f)(1)(A), (2)(A), refers to the enactment of Pub. L. 110181 Jan. 28, 2008 The Trading with the Enemy Act, referred to in subsecs. (f)(1)(A) and (g)(2), is act Oct. 6, 1917, ch. 106 40 Stat. 411 section 4305(b) of Title 50 The International Emergency Economic Powers Act, referred to in subsec. (g)(2), is title II of Pub. L. 95223 Dec. 28, 1977 91 Stat. 1626 section 1701 of Title 50 Amendments 2012Subsec. (a)(7). Pub. L. 112158,  502(e)(1)(A) January 27, 2008 Subsec. (b)(2). Pub. L. 112158,  502(e)(1)(B)(i)(I) Subsec. (b)(3). Pub. L. 112158,  502(e)(1)(B)(i)(II) 2008Subsec. (a)(7). Pub. L. 110181,  1083(b)(3)(A) Subsec. (b)(2). Pub. L. 110181,  1083(b)(3)(B) Subsec. (f)(1)(A), (2)(A). Pub. L. 110181,  1083(b)(3)(C) Subsec. (g). Pub. L. 110181,  1083(b)(3)(D) 2000Subsec. (f)(2)(A), (B)(ii). Pub. L. 106386,  2002(g)(1)(A) Pub. L. 107297 Subsec. (f)(3). Pub. L. 106386,  2002(g)(1)(B) Pub. L. 107297 1998Subsec. (f). Pub. L. 105277 1996Subsec. (a)(7). Pub. L. 104132,  221(b)(1) Subsec. (b)(2). Pub. L. 104132,  221(b)(2) 1990Subsecs. (a)(6), (e). Pub. L. 101650 1988Subsec. (a)(6). Pub. L. 100669 Subsec. (e). Pub. L. 100640 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment For applicability of amendments by Pub. L. 110181 section 1083(c) of Pub. L. 110181 section 1605A of this title Effective Date of 1998 Amendment Pub. L. 105277, div. A,  101(h) [title I,  117(c)] Oct. 21, 1998 112 Stat. 2681480 The amendments made by subsections (a) and (b) [amending this section and section 1606 of this title section 1605(a)(7) of title 28 Oct. 21, 1998 Effective Date of 1996 Amendment Amendment by Pub. L. 104132 Apr. 24, 1996 section 221(c) of Pub. L. 104132 section 1605 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100640 Nov. 9, 1988 section 3 of Pub. L. 100640 section 1605 of this title Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title Satisfaction of Judgments From Blocked Assets of Terrorists, Terrorist Organizations, and State Sponsors of Terrorism Pub. L. 107297, title II,  201(a) Nov. 26, 2002 116 Stat. 2337 Pub. L. 112158, title V,  502(e)(2) Aug. 10, 2012 126 Stat. 1260  (a)  In General Notwithstanding any other provision of law, and except as provided in subsection (b), in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism, or for which a terrorist party is not immune under section 1605A or 1605(a)(7) (as such section was in effect on January 27, 2008 (b)  Presidential Waiver. (1)  In general Subject to paragraph (2), upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive the requirements of subsection (a) in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. (2)  Exception A waiver under this subsection shall not apply to (A) property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations that has been used by the United States for any nondiplomatic purpose (including use as rental property), or the proceeds of such use; or (B) the proceeds of any sale or transfer for value to a third party of any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. (d)  Definitions In this section, the following definitions shall apply: (1)  Act of terrorism The term act of terrorism means (A) any act or event certified under section 102(1) [ Pub. L. 107297 section 6701 of Title 15 (B) to the extent not covered by subparagraph (A), any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) (2)  Blocked asset The term blocked asset means (A) any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) [now 50 U.S.C. 4305(b) 50 U.S.C. 1701 (B) does not include property that (i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of such license has been specifically required by statute other than the International Emergency Economic Powers Act ( 50 U.S.C. 1701 22 U.S.C. 287 (ii) in the case of property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the law of the United States, is being used exclusively for diplomatic or consular purposes. (3)  Certain property The term property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations and the term asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be. (4)  Terrorist party The term terrorist party means a terrorist, a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi) 50 U.S.C. 4605(j) 22 U.S.C. 2371 Waiver of Exception to Immunity From Attachment or Execution Pub. L. 105277, div. A,  101(h) [title I,  117(d)] Oct. 21, 1998 112 Stat. 2681480 Pub. L. 105277 section 1606 of this title Pub. L. 106386, div. C,  2002(g)(2) Oct. 28, 2000 114 Stat. 1543 Pub. L. 107297, title II,  201(c)(3) Nov. 26, 2002 116 Stat. 2337 Executive Documents  Determination To Waive Attachment Provisions Relating to Blocked Property of Terrorist-List States Determination of President of the United States, No. 991, Oct. 21, 1998 Pub. L. 105277 Oct. 28, 2000 Determination of President of the United States, No. 20013, Oct. 28, 2000 Memorandum for the Secretary of State [and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and laws of the United States of America, including section 2002(f) [now 2002(g)] of H.R. 3244, Victims of Trafficking and Violence Protection Act of 2000, (approved October 28, 2000 section 2002(g) of Pub. L. 106386 section 1606 of this title section 1610 of title 28 50 U.S.C. 4305(b) 22 U.S.C. 2370(a) 50 U.S.C. 1701170 section 1605(a)(7) of title 28 section 1610 of title 28 Pub. L. 105277 section 1606 of this title section 1606 of this title October 21, 1998 Oct. 21, 1998 The Secretary of State is authorized and directed to publish this determination in the Federal Register.  William J. Clinton.  1611. Certain types of property immune from execution (a) Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act shall not be subject to attachment or any other judicial process impeding the disbursement of funds to, or on the order of, a foreign state as the result of an action brought in the courts of the United States or of the States. (b) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution, if (1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport to effect except in accordance with the terms of the waiver; or (2) the property is, or is intended to be, used in connection with a military activity and (A) is of a military character, or (B) is under the control of a military authority or defense agency. (c) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission for official purposes. (Added Pub. L. 94583,  4(a) Oct. 21, 1976 90 Stat. 2897 Pub. L. 104114, title III,  302(e) Mar. 12, 1996 110 Stat. 818  Editorial Notes  References in Text The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652 59 Stat. 669 section 288 of Title 22 Section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, referred to in subsec. (c), is section 302 of Pub. L. 104114 section 6082 of Title 22 Amendments 1996Subsec. (c). Pub. L. 104114 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104114 Aug. 1, 1996 section 6085 of Title 22 Effective Date Section effective 90 days after Oct. 21, 1976 section 8 of Pub. L. 94583 section 1602 of this title CHAPTER 99 GENERAL PROVISIONS    Sec.  1631. Transfer to cure want of jurisdiction.  1631. Transfer to cure want of jurisdiction  Whenever a civil action is filed in a court as defined in section 610 of this title (Added Pub. L. 97164, title III,  301(a) Apr. 2, 1982 96 Stat. 55 Pub. L. 115332,  2 Dec. 19, 2018 132 Stat. 4487  Editorial Notes Amendments 2018 Pub. L. 115332 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title PART V PROCEDURE    Chap. Sec.  111. General Provisions 1651  113. Process 1691  114. Class Actions 1711  115. Evidence; Documentary 1731  117. Evidence; Depositions 1781  119. Evidence; Witnesses 1821  121 Juries; Trial by Jury 1861  123. Fees and Costs 1911  125. Pending Actions and Judgments 1961  127. Executions and Judicial Sales 2001  129. Moneys Paid into Court 2041  131. Rules of Courts 2071  133. ReviewMiscellaneous Provisions 2101   Editorial Notes  Amendments  2005 Pub. L. 1092,  3(b) Feb. 18, 2005 119 Stat. 9 CHAPTER 111 GENERAL PROVISIONS    Sec.  1651. Writs.  1652. State laws as rules of decision.  1653. Amendment of pleadings to show jurisdiction.  1654. Appearance personally or by counsel.  1655. Lien enforcement; absent defendants.  1656. Creation of new district or division or transfer of territory; lien enforcement.  1657. Priority of civil actions.  1658. Time limitations on the commencement of civil actions arising under Acts of Congress.  1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission.  Editorial Notes Amendments 1994 Pub. L. 103465, title III,  321(b)(1)(B) Dec. 8, 1994 108 Stat. 4946 1990 Pub. L. 101650, title III,  313(b) Dec. 1, 1990 104 Stat. 5115 1984 Pub. L. 98620, title IV,  401(b) Nov. 8, 1984 98 Stat. 3357  1651. Writs (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. (b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction. ( June 25, 1948, ch. 646 62 Stat. 944 May 24, 1949, ch. 139,  90 63 Stat. 102  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  342, 376, 377 ( Mar. 3, 1911, ch. 231 36 Stat. 1156 Section consolidates sections 342, 376, and 377 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Such section 342 provided: The Supreme Court shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a State, or an ambassador, or other public minister, or a consul, or vice consul is a party. Such section 376 provided: Writs of ne exeat may be granted by any justice of the Supreme Court, in cases where they might be granted by the Supreme Court; and by any district judge, in cases where they might be granted by the district court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States. Such section 377 provided: The Supreme Court and the district courts shall have power to issue writs of scire facias. The Supreme Court, the circuit courts of appeals, and the district courts shall have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law. The special provisions of section 342 of title 28 The revised section extends the power to issue writs in aid of jurisdiction, to all courts established by Act of Congress, thus making explicit the right to exercise powers implied from the creation of such courts. The provisions of section 376 of title 28 The provision in section 377 of title 28 U.S. Alkali Export Assn. v. U.S De Beers Consol. Mines v. U.S 1949 Act This section corrects a grammatical error in subsection (a) of section 1651 of title 28 Editorial Notes Amendments 1949Subsec. (a). Act May 24, 1949 Statutory Notes and Related Subsidiaries Writ of Error Act Jan. 31, 1928, ch. 14,  2 45 Stat. 54 Apr. 26, 1928, ch. 440 45 Stat. 466 June 25, 1948, ch. 646,  23 62 Stat. 990 All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error.  1652. State laws as rules of decision  The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply. ( June 25, 1948, ch. 646 62 Stat. 944  Historical Revision Notes Based on title 28, U.S.C., 1940 ed.,  725 (R.S.  721). Civil actions was substituted for trials at common law to clarify the meaning of the Rules of Decision Act in the light of the Federal Rules of Civil Procedure. Such Act has been held to apply to suits in equity. Changes were made in phraseology.  1653. Amendment of pleadings to show jurisdiction  Defective allegations of jurisdiction may be amended, upon terms, in the trial or appellate courts. ( June 25, 1948, ch. 646 62 Stat. 944  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  399 ( Mar. 3, 1911, ch. 231,  274c Mar. 3, 1915, ch. 90 38 Stat. 956 Section was extended to permit amendment of all jurisdictional allegations instead of merely allegations of diversity of citizenship as provided by section 399 of title 28 Changes were made in phraseology.  1654. Appearance personally or by counsel  In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein. ( June 25, 1948, ch. 646 62 Stat. 944 May 24, 1949, ch. 139,  91 63 Stat. 103  Historical Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  394 ( Mar. 3, 1911, ch. 231,  272 36 Stat. 1164 Words as, by the rules of the said courts respectively, are permitted to manage and conduct causes therein, after counsel, were omitted as surplusage. The revised section and section 2071 of this title Changes were made in phraseology. 1949 Act This section restores in section 1654 of title 28 Editorial Notes Amendments 1949Act May 24, 1949  1655. Lien enforcement; absent defendants  In an action in a district court to enforce any lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to, real or personal property within the district, where any defendant cannot be served within the State, or does not voluntarily appear, the court may order the absent defendant to appear or plead by a day certain. Such order shall be served on the absent defendant personally if practicable, wherever found, and also upon the person or persons in possession or charge of such property, if any. Where personal service is not practicable, the order shall be published as the court may direct, not less than once a week for six consecutive weeks. If an absent defendant does not appear or plead within the time allowed, the court may proceed as if the absent defendant had been served with process within the State, but any adjudication shall, as regards the absent defendant without appearance, affect only the property which is the subject of the action. When a part of the property is within another district, but within the same state, such action may be brought in either district. Any defendant not so personally notified may, at any time within one year after final judgment, enter his appearance, and thereupon the court shall set aside the judgment and permit such defendant to plead on payment of such costs as the court deems just. ( June 25, 1948, ch. 646 62 Stat. 944  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  118 ( Mar. 3, 1911, ch. 231,  57 36 Stat. 1102 Word action was substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure. In view of Rule 4(f) of the Federal Rules of Civil Procedure permitting service of process anywhere within the territorial limits of the States, the word State was substituted for district in the first and third paragraphs. Changes were made in phraseology.  1656. Creation of new district or division or transfer of territory; lien enforcement  The creation of a new district or division or the transfer of any territory to another district or division shall not affect or divest any lien theretofore acquired in a district court upon property within such district, division or territory. To enforce such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a certified copy of the record thereof, which, when filed in the proper court of the district or division in which such property is situated after such creation or transfer shall be evidence in all courts and places equally with the original thereof; and, thereafter like proceedings shall be had thereon, and with the same effect, as though the case or proceeding had been originally instituted in such court. ( June 25, 1948, ch. 646 62 Stat. 944 Pub. L. 95598, title II,  242 Nov. 6, 1978 92 Stat. 2671  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  122 ( Mar. 3, 1911, ch. 231,  60 36 Stat. 1103 A provision as to creation of a new district or division or transfer of territory before March 3, 1911 Words descriptive of the lien were omitted as unnecessary. Changes were made in phraseology. Editorial Notes Amendments 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11  1657. Priority of civil actions (a) Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or section 1826 of this title section 552 of title 5 (b) The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits. (Added Pub. L. 98620, title IV,  401(a) Nov. 8, 1984 98 Stat. 3356  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 98620, title IV,  403 Nov. 8, 1984 98 Stat. 3361 The amendments made by this subtitle [subtitle A ( 401403) of title IV of Pub. L. 98620 section 687 of Title 2 section 552 of Title 5 section 1464 of Title 12 section 618 of Title 22 section 640d3 of Title 25 section 816 of Title 30 section 3628 of Title 39 section 402 of Title 47 section 28 of Title 15 section 3614 of Title 42 section 2304 of Title 10 Nov. 8, 1984  1658. Time limitations on the commencement of civil actions arising under Acts of Congress (a) Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues. (b) Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in contravention of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(47) (1) 2 years after the discovery of the facts constituting the violation; or (2) 5 years after such violation. (Added Pub. L. 101650, title III,  313(a) Dec. 1, 1990 104 Stat. 5114 Pub. L. 107204, title VIII,  804(a) July 30, 2002 116 Stat. 801  Editorial Notes  References in Text The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 101650 Dec. 1, 1990 Amendments 2002 Pub. L. 107204 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Pub. L. 107204, title VIII,  804(b) July 30, 2002 116 Stat. 801 The limitations period provided by section 1658(b) of title 28 July 30, 2002 Effective Date Pub. L. 101650, title III,  313(c) Dec. 1, 1990 104 Stat. 5115 The amendments made by this section [enacting this section] shall apply with respect to causes of action accruing on or after the date of the enactment of this Act [ Dec. 1, 1990 No Creation of Actions Pub. L. 107204, title VIII,  804(c) July 30, 2002 116 Stat. 801 Nothing in this section [amending this section and enacting provisions set out as a note under this section] shall create a new, private right of action.  1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission (a)  Stay In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission, but only if such request is made within (1) 30 days after the party is named as a respondent in the proceeding before the Commission, or (2) 30 days after the district court action is filed, whichever is later. (b)  Use of Commission Record Notwithstanding section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court determines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rules of Civil Procedure. (Added Pub. L. 103465, title III,  321(b)(1)(A) Dec. 8, 1994 108 Stat. 4945  Editorial Notes  References in Text Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19 The Federal Rules of Evidence and the Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to complaints filed under section 1337 of Title 19 Jan. 1, 1995 section 1337 of Title 19 section 322 of Pub. L. 103465 section 1337 of Title 19 CHAPTER 113 PROCESS    Sec.  1691. Seal and teste of process.  1692. Process and orders affecting property in different districts.  1693. Place of arrest in civil action.  1694. Patent infringement action.  1695. Stockholders derivative action.  1696. Service in foreign and international litigation.  1697. Service in multiparty, multiforum actions.  Editorial Notes Amendments 2002 Pub. L. 107273, div. C, title I,  11020(b)(4)(A)(ii) Nov. 2, 2002 116 Stat. 1828 1964 Pub. L. 88619,  4(b) Oct. 3, 1964 78 Stat. 996  1691. Seal and teste of process  All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof. ( June 25, 1948, ch. 646 62 Stat. 945  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  721 (R.S.  911; Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Provisions as to teste of process issuing from the district courts were omitted as superseded by Rule 4 (b) of the Federal Rules of Civil Procedure. Provision for teste of the Chief Justice of writs and process was omitted as unnecessary. A provision requiring the United States to bear the expense of providing seals was omitted as unnecessary and obsolete. Changes were made in phraseology. Statutory Notes and Related Subsidiaries Immunity From Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display Presidential determination of cultural significance of objects and exhibition or display thereof in the national interest, see section 2459 of Title 22  1692. Process and orders affecting property in different districts  In proceedings in a district court where a receiver is appointed for property, real, personal, or mixed, situated in different districts, process may issue and be executed in any such district as if the property lay wholly within one district, but orders affecting the property shall be entered of record in each of such districts. ( June 25, 1948, ch. 646 62 Stat. 945  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  117 ( Mar. 3, 1911, ch. 231,  56 36 Stat. 1102 Provisions of section 117 of title 28 section 754 of this title For explanation of revision of section 117 of title 28 section 754 of this title Changes were made in phraseology.  1693. Place of arrest in civil action  Except as otherwise provided by Act of Congress, no person shall be arrested in one district for trial in another in any civil action in a district court. ( June 25, 1948, ch. 646 62 Stat. 945  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  112 ( Mar. 3, 1911, ch. 231,  51 36 Stat. 1101 Sept. 19, 1922, ch. 345 42 Stat. 849 Mar. 4, 1925, ch. 526,  1 43 Stat. 1264 Apr. 16, 1936, ch. 230 49 Stat. 1213 Venue provisions of section 112 of title 28 section 1695 of this title The exception at the beginning of the section was substituted for Except as provided in sections 113117 of this title. Changes were made in phraseology.  1694. Patent infringement action  In a patent infringement action commenced in a district where the defendant is not a resident but has a regular and established place of business, service of process, summons or subpoena upon such defendant may be made upon his agent or agents conducting such business. ( June 25, 1948, ch. 646 62 Stat. 945  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  109 ( Mar. 3, 1911, ch. 231,  48 36 Stat. 1100 Venue provisions of section 109 of title 28 section 1400 of this title Changes were made in phraseology.  1695. Stockholders derivative action  Process in a stockholders action in behalf of his corporation may be served upon such corporation in any district where it is organized or licensed to do business or is doing business. ( June 25, 1948, ch. 646 62 Stat. 945  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  112 ( Mar. 3, 1911, ch. 231,  51 36 Stat. 1101 Sept. 19, 1922, ch. 345 42 Stat. 849 Mar. 4, 1925, ch. 526,  1 43 Stat. 1264 Apr. 16, 1936, ch. 230 49 Stat. 1213 The phrase is organized or licensed to do business or is doing business was substituted for the words resides or is found, as more specific and to conform to section 1391 of this title Venue provisions of section 112 of title 28 section 1693 of this title Changes were made in phraseology.  1696. Service in foreign and international litigation (a) The district court of the district in which a person resides or is found may order service upon him of any document issued in connection with a proceeding in a foreign or international tribunal. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon application of any interested person and shall direct the manner of service. Service pursuant to this subsection does not, of itself, require the recognition or enforcement in the United States of a judgment, decree, or order rendered by a foreign or international tribunal. (b) This section does not preclude service of such a document without an order of court. (Added Pub. L. 88619,  4(a) Oct. 3, 1964 78 Stat. 995  1697. Service in multiparty, multiforum actions  When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title (Added Pub. L. 107273, div. C, title I,  11020(b)(4)(A)(i) Nov. 2, 2002 116 Stat. 1828  Statutory Notes and Related Subsidiaries Effective Date Section applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002 section 11020(c) of Pub. L. 107273 section 1369 of this title CHAPTER 114 CLASS ACTIONS    Sec.  1711. Definitions.  1712. Coupon settlements.  1713. Protection against loss by class members.  1714. Protection against discrimination based on geographic location.  1715. Notifications to appropriate Federal and State officials.  1711. Definitions In this chapter: (1)  Class The term class means all of the class members in a class action. (2)  Class action The term class action means any civil action filed in a district court of the United States under rule 23 of the Federal Rules of Civil Procedure or any civil action that is removed to a district court of the United States that was originally filed under a State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representatives as a class action. (3)  Class counsel The term class counsel means the persons who serve as the attorneys for the class members in a proposed or certified class action. (4)  Class members The term class members means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action. (5)  Plaintiff class action The term plaintiff class action means a class action in which class members are plaintiffs. (6)  Proposed settlement The term proposed settlement means an agreement regarding a class action that is subject to court approval and that, if approved, would be binding on some or all class members. (Added Pub. L. 1092,  3(a) Feb. 18, 2005 119 Stat. 5  Editorial Notes  References in Text Rule 23 of the Federal Rules of Civil Procedure, referred to in par. (2), is set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action commenced on or after Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title Findings and Purposes Pub. L. 1092,  2 Feb. 18, 2005 119 Stat. 4  (a)  Findings Congress finds the following: (1) Class action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm. (2) Over the past decade, there have been abuses of the class action device that have (A) harmed class members with legitimate claims and defendants that have acted responsibly; (B) adversely affected interstate commerce; and (C) undermined public respect for our judicial system. (3) Class members often receive little or no benefit from class actions, and are sometimes harmed, such as where (A) counsel are awarded large fees, while leaving class members with coupons or other awards of little or no value; (B) unjustified awards are made to certain plaintiffs at the expense of other class members; and (C) confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights. (4) Abuses in class actions undermine the national judicial system, the free flow of interstate commerce, and the concept of diversity jurisdiction as intended by the framers of the United States Constitution, in that State and local courts are (A) keeping cases of national importance out of Federal court; (B) sometimes acting in ways that demonstrate bias against out-of-State defendants; and (C) making judgments that impose their view of the law on other States and bind the rights of the residents of those States. (b)  Purposes The purposes of this Act [see Short Title of 2005 Amendments note set out under section 1 of this title (1) assure fair and prompt recoveries for class members with legitimate claims; (2) restore the intent of the framers of the United States Constitution by providing for Federal court consideration of interstate cases of national importance under diversity jurisdiction; and (3) benefit society by encouraging innovation and lowering consumer prices.  1712. Coupon settlements (a)  Contingent Fees in Coupon Settlements If a proposed settlement in a class action provides for a recovery of coupons to a class member, the portion of any attorneys fee award to class counsel that is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed. (b)  Other Attorneys Fee Awards in Coupon Settlements. (1)  In general If a proposed settlement in a class action provides for a recovery of coupons to class members, and a portion of the recovery of the coupons is not used to determine the attorneys fee to be paid to class counsel, any attorneys fee award shall be based upon the amount of time class counsel reasonably expended working on the action. (2)  Court approval Any attorneys fee under this subsection shall be subject to approval by the court and shall include an appropriate attorneys fee, if any, for obtaining equitable relief, including an injunction, if applicable. Nothing in this subsection shall be construed to prohibit application of a lodestar with a multiplier method of determining attorneys fees. (c)  Attorneys Fee Awards Calculated on a Mixed Basis in Coupon Settlements If a proposed settlement in a class action provides for an award of coupons to class members and also provides for equitable relief, including injunctive relief (1) that portion of the attorneys fee to be paid to class counsel that is based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (a); and (2) that portion of the attorneys fee to be paid to class counsel that is not based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (b). (d)  Settlement Valuation Expertise In a class action involving the awarding of coupons, the court may, in its discretion upon the motion of a party, receive expert testimony from a witness qualified to provide information on the actual value to the class members of the coupons that are redeemed. (e)  Judicial Scrutiny of Coupon Settlements In a proposed settlement under which class members would be awarded coupons, the court may approve the proposed settlement only after a hearing to determine whether, and making a written finding that, the settlement is fair, reasonable, and adequate for class members. The court, in its discretion, may also require that a proposed settlement agreement provide for the distribution of a portion of the value of unclaimed coupons to 1 or more charitable or governmental organizations, as agreed to by the parties. The distribution and redemption of any proceeds under this subsection shall not be used to calculate attorneys fees under this section. (Added Pub. L. 1092,  3(a) Feb. 18, 2005 119 Stat. 6  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action commenced on or after Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title  1713. Protection against loss by class members  The court may approve a proposed settlement under which any class member is obligated to pay sums to class counsel that would result in a net loss to the class member only if the court makes a written finding that nonmonetary benefits to the class member substantially outweigh the monetary loss. (Added Pub. L. 1092,  3(a) Feb. 18, 2005 119 Stat. 7  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action commenced on or after Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title  1714. Protection against discrimination based on geographic location  The court may not approve a proposed settlement that provides for the payment of greater sums to some class members than to others solely on the basis that the class members to whom the greater sums are to be paid are located in closer geographic proximity to the court. (Added Pub. L. 1092,  3(a) Feb. 18, 2005 119 Stat. 7  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action commenced on or after Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title  1715. Notifications to appropriate Federal and State officials (a)  Definitions. (1)  Appropriate federal official In this section, the term appropriate Federal official means (A) the Attorney General of the United States; or (B) in any case in which the defendant is a Federal depository institution, a State depository institution, a depository institution holding company, a foreign bank, or a nondepository institution subsidiary of the foregoing (as such terms are defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (2)  Appropriate state official In this section, the term appropriate State official means the person in the State who has the primary regulatory or supervisory responsibility with respect to the defendant, or who licenses or otherwise authorizes the defendant to conduct business in the State, if some or all of the matters alleged in the class action are subject to regulation by that person. If there is no primary regulator, supervisor, or licensing authority, or the matters alleged in the class action are not subject to regulation or supervision by that person, then the appropriate State official shall be the State attorney general. (b)  In General Not later than 10 days after a proposed settlement of a class action is filed in court, each defendant that is participating in the proposed settlement shall serve upon the appropriate State official of each State in which a class member resides and the appropriate Federal official, a notice of the proposed settlement consisting of (1) a copy of the complaint and any materials filed with the complaint and any amended complaints (except such materials shall not be required to be served if such materials are made electronically available through the Internet and such service includes notice of how to electronically access such material); (2) notice of any scheduled judicial hearing in the class action; (3) any proposed or final notification to class members of (A) (i) the members rights to request exclusion from the class action; or (ii) if no right to request exclusion exists, a statement that no such right exists; and (B) a proposed settlement of a class action; (4) any proposed or final class action settlement; (5) any settlement or other agreement contemporaneously made between class counsel and counsel for the defendants; (6) any final judgment or notice of dismissal; (7) (A) if feasible, the names of class members who reside in each State and the estimated proportionate share of the claims of such members to the entire settlement to that States appropriate State official; or (B) if the provision of information under subparagraph (A) is not feasible, a reasonable estimate of the number of class members residing in each State and the estimated proportionate share of the claims of such members to the entire settlement; and (8) any written judicial opinion relating to the materials described under subparagraphs (3) through (6). (c)  Depository Institutions Notification. (1)  Federal and other depository institutions In any case in which the defendant is a Federal depository institution, a depository institution holding company, a foreign bank, or a non-depository institution subsidiary of the foregoing, the notice requirements of this section are satisfied by serving the notice required under subsection (b) upon the person who has the primary Federal regulatory or supervisory responsibility with respect to the defendant, if some or all of the matters alleged in the class action are subject to regulation or supervision by that person. (2)  State depository institutions In any case in which the defendant is a State depository institution (as that term is defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 12 U.S.C. 1813 (d)  Final Approval An order giving final approval of a proposed settlement may not be issued earlier than 90 days after the later of the dates on which the appropriate Federal official and the appropriate State official are served with the notice required under subsection (b). (e)  Noncompliance if Notice Not Provided. (1)  In general A class member may refuse to comply with and may choose not to be bound by a settlement agreement or consent decree in a class action if the class member demonstrates that the notice required under subsection (b) has not been provided. (2)  Limitation A class member may not refuse to comply with or to be bound by a settlement agreement or consent decree under paragraph (1) if the notice required under subsection (b) was directed to the appropriate Federal official and to either the State attorney general or the person that has primary regulatory, supervisory, or licensing authority over the defendant. (3)  Application of rights The rights created by this subsection shall apply only to class members or any person acting on a class members behalf, and shall not be construed to limit any other rights affecting a class members participation in the settlement. (f)  Rule of Construction Nothing in this section shall be construed to expand the authority of, or impose any obligations, duties, or responsibilities upon, Federal or State officials. (Added Pub. L. 1092,  3(a) Feb. 18, 2005 119 Stat. 7  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any civil action commenced on or after Feb. 18, 2005 section 9 of Pub. L. 1092 section 1332 of this title CHAPTER 115 EVIDENCE; DOCUMENTARY    Sec.  1731. Handwriting.  1732. Record made in regular course of business; photographic copies.  1733. Government records and papers; copies.  1734. Court record lost or destroyed generally. 1 1  1735. Court record lost or destroyed where United States interested.  1736. Congressional Journals.  1737. Copy of officers bond.  1738. State and Territorial statutes and judicial proceedings; full faith and credit.  1738A. Full faith and credit given to child custody determinations.  1738B. Full faith and credit for child support orders.  1738C. Certain acts, records, and proceedings and the effect thereof.  1739. State and Territorial nonjudicial records; full faith and credit.  1740. Copies of consular papers.  1741. Foreign official documents.  [ 1742. Repealed.]  1743. Demand on postmaster.  1744. Copies of United States Patent and Trademark Office documents generally. 1  1745. Copies of foreign patent documents.  1746. Unsworn declarations under penalty of perjury.  Editorial Notes Amendments 1999 Pub. L. 106113, div. B,  1000(a)(9) [title IV,  4732(b)(15)(A)] Nov. 29, 1999 113 Stat. 1536 1996 Pub. L. 104199,  2(b) Sept. 21, 1996 110 Stat. 2419 1994 Pub. L. 103383,  3(b) Oct. 20, 1994 108 Stat. 4066 1980 Pub. L. 96611,  8(b) Dec. 28, 1980 94 Stat. 3571 1976 Pub. L. 94550,  1(b) Oct. 18, 1976 90 Stat. 2534 1964 Pub. L. 88619 Oct. 3, 1964 78 Stat. 996 1951 Act Aug. 28, 1951, ch. 351,  2 65 Stat. 206 1949 Act May 24, 1949, ch. 139,  92(a) 63 Stat. 103  1731. Handwriting  The admitted or proved handwriting of any person shall be admissible, for purposes of comparison, to determine genuineness of other handwriting attributed to such person. ( June 25, 1948, ch. 646 62 Stat. 945  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  638 ( Feb. 26, 1913, ch. 79 37 Stat. 683 Words as a basis for comparison by witnesses, or by the jury, court, or officer conducting such proceeding, were omitted as superfluous. Changes were made in phraseology.  1732. Record made in regular course of business; photographic copies  If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This subsection 1 1 ( June 25, 1948, ch. 646 62 Stat. 945 Aug. 28, 1951, ch. 351 65 Stat. 205 Pub. L. 87183 Aug. 30, 1961 75 Stat. 413 Pub. L. 93595,  2(b) Jan. 2, 1975 88 Stat. 1949  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  695 ( June 20, 1936, ch. 640,  1 49 Stat. 1561 Changes in phraseology were made. Editorial Notes Amendments 1975 Pub. L. 93595 1961Subsec. (b). Pub. L. 87183 1951Act Aug. 29, 1951 Subsecs. (a), (b). Act Aug. 28, 1951  1733. Government records and papers; copies (a) Books or records of account or minutes of proceedings of any department or agency of the United States shall be admissible to prove the act, transaction or occurrence as a memorandum of which the same were made or kept. (b) Properly authenticated copies or transcripts of any books, records, papers or documents of any department or agency of the United States shall be admitted in evidence equally with the originals thereof. (c) This section does not apply to cases, actions, and proceedings to which the Federal Rules of Evidence apply. ( June 25, 1948, ch. 646 62 Stat. 946 Pub. L. 93595,  2(c) Jan. 2, 1975 88 Stat. 1949  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  661667, 671 (R.S.  882886, 889; July 31, 1894, ch. 174 28 Stat. 210 Mar. 2, 1895, ch. 177,  10 28 Stat. 809 June 10, 1921, ch. 18 42 Stat. 2325 May 10, 1934, ch. 277,  512 48 Stat. 758 June 19, 1934, ch. 653,  6(a) 48 Stat. 1109 The consolidation of sections 661667 and 671 of title 28, U.S.C., 1940 ed., permitted omission of obsolete, unnecessary and repetitive provisions in such sections. For example, the provision in section 665 of title 28 Numerous provisions with respect to authentication were omitted as covered by Rule 44 of the Federal Rules of Civil Procedure. Likewise the provision that official seals shall be judicially noticed was omitted as unnecessary. Seals of Federal agencies are judicially noticed by States and Federal courts without statutory mandate. Gardner v. Barney 73 U.S.C. 499 Words of any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly, in section 661 of title 28 section 1345 of this title Changes were made in phraseology. Editorial Notes  References in Text The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to this title. Amendments 1975Subsec. (c). Pub. L. 93595  1734. Court record lost or destroyed, generally (a) A lost or destroyed record of any proceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy certified by the clerk of any court in which an authentic copy is lodged. (b) Where a certified copy is not available, any interested person not at fault may file in such court a verified application for an order establishing the lost or destroyed record. Every other interested person shall be served personally with a copy of the application and with notice of hearing on a day stated, not less than sixty days after service. Service may be made on any nonresident of the district anywhere within the jurisdiction of the United States or in any foreign country. Proof of service in a foreign country shall be certified by a minister or consul of the United States in such country, under his official seal. If, after the hearing, the court is satisfied that the statements contained in the application are true, it shall enter an order reciting the substance and effect of the lost or destroyed record. Such order, subject to intervening rights of third persons, shall have the same effect as the original record. ( June 25, 1948, ch. 646 62 Stat. 946  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  681, 682, 683, and 684 (R.S.  899, 900, 901, 902; Jan. 31, 1879, ch. 39,  1 20 Stat. 277 Sections 681, 682, and 684 of title 28, U.S.C., 1940 ed., contained repetitious language which was eliminated by the consolidation. Section 683 of title 28 Changes were made in phraseology.  1735. Court record lost or destroyed where United States interested (a) When the record of any case or matter in any court of the United States to which the United States is a party, is lost or destroyed, a certified copy of any official paper of a United States attorney, United States marshal or clerk or other certifying or recording officer of any such court, made pursuant to law, on file in any department or agency of the United States and relating to such case or matter, shall, on being filed in the court to which it relates, have the same effect as an original paper filed in such court. If the copy so filed discloses the date and amount of a judgment or decree and the names of the parties thereto, the court may enforce the judgment or decree as though the original record had not been lost or destroyed. (b) Whenever the United States is interested in any lost or destroyed records or files of a court of the United States, the clerk of such court and the United States attorney for the district shall take the steps necessary to restore such records or files, under the direction of the judges of such court. ( June 25, 1948, ch. 646 62 Stat. 946  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  685, 686 (R.S.  903, 904; Jan. 31, 1879, ch. 39 20 Stat. 277 A provision of section 686 of title 28 Words And in all cases where any of the files, papers, or records of any court of the United States have been or shall be lost or destroyed, the files, records and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to, at the end of section 685 of title 28 section 1734 of this title Words or agency of the United States were substituted for of the Government so as to eliminate any possible ambiguity as to the scope of this section. See definitive section 451 of this title The phrase so far as the judges of such courts respectively shall deem it essential to the interests of the United States that such records and files be restored or supplied, was omitted as unnecessary. Changes were made in phraseology.  1736. Congressional Journals  Extracts from the Journals of the Senate and the House of Representatives, and from the Executive Journal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or the Clerk of the House of Representatives shall be received in evidence with the same effect as the originals would have. ( June 25, 1948, ch. 646 62 Stat. 947  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  676 (R.S.  895). Changes in phraseology were made.  1737. Copy of officers bond  Any person to whose custody the bond of any officer of the United States has been committed shall, on proper request and payment of the fee allowed by any Act of Congress, furnish certified copies thereof, which shall be prima facie evidence in any court of the execution, filing and contents of the bond. ( June 25, 1948, ch. 646 62 Stat. 947  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  326, 499, 513, and 514 (R.S.  783, 795; Feb. 22, 1875, ch. 95,  3 18 Stat. 333 Mar. 3, 1911, ch. 231 36 Stat. 1152 Sections 326, 499, 513, and 514 of title 28, U.S.C., 1940 ed., were consolidated. They related to the bonds of particular officers, namely the Clerk of the Supreme Court, the United States marshals, and the clerks of the district courts. The revised section eliminates all inconsistent provisions of such sections. The requirement that certified copies be furnished is new. The other provisions of sections 326, 499, 513, and 514 of title 28, U.S.C., 1940 ed., are now incorporated in sections 544 and 952 of this title. Changes were made in phraseology.  1738. State and Territorial statutes and judicial proceedings; full faith and credit  The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto. The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form. Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken. ( June 25, 1948, ch. 646 62 Stat. 947  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  687 (R.S.  905). Words Possession of the United States were substituted for of any country subject to the jurisdiction of the United States. Words or copies thereof were added in three places. Copies have always been used to prove statutes and judicial proceedings under section 687 of title 28 Words and its Territories and Possessions were added in two places so as to make this section and section 1739 of this title Words a judge of the court were substituted for the judge, chief justice or presiding magistrate without change of substance. At the beginning of the last paragraph, words Such Acts were substituted for And the said. This follows the language of Article IV, section 1 of the Constitution. For additional provisions as to authentication, see Rule 44 of the Federal Rules of Civil Procedure. Changes were made in phraseology.  1738A. Full faith and credit given to child custody determinations (a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsections (f), (g), and (h) of this section, any custody determination or visitation determination made consistently with the provisions of this section by a court of another State. (b) As used in this section, the term (1) child means a person under the age of eighteen; (2) contestant means a person, including a parent or grandparent, who claims a right to custody or visitation of a child; (3) custody determination means a judgment, decree, or other order of a court providing for the custody of a child, and includes permanent and temporary orders, and initial orders and modifications; (4) home State means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. Periods of temporary absence of any of such persons are counted as part of the six-month or other period; (5) modification and modify refer to a custody or visitation determination which modifies, replaces, supersedes, or otherwise is made subsequent to, a prior custody or visitation determination concerning the same child, whether made by the same court or not; (6) person acting as a parent means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody; (7) physical custody means actual possession and control of a child; (8) State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States; and (9) visitation determination means a judgment, decree, or other order of a court providing for the visitation of a child and includes permanent and temporary orders and initial orders and modifications. (c) A child custody or visitation determination made by a court of a State is consistent with the provisions of this section only if (1) such court has jurisdiction under the law of such State; and (2) one of the following conditions is met: (A) such State (i) is the home State of the child on the date of the commencement of the proceeding, or (ii) had been the childs home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State; (B) (i) it appears that no other State would have jurisdiction under subparagraph (A), and (ii) it is in the best interest of the child that a court of such State assume jurisdiction because (I) the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and (II) there is available in such State substantial evidence concerning the childs present or future care, protection, training, and personal relationships; (C) the child is physically present in such State and (i) the child has been abandoned, or (ii) it is necessary in an emergency to protect the child because the child, a sibling, or parent of the child has been subjected to or threatened with mistreatment or abuse; (D) (i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue is the more appropriate forum to determine the custody or visitation of the child, and (ii) it is in the best interest of the child that such court assume jurisdiction; or (E) the court has continuing jurisdiction pursuant to subsection (d) of this section. (d) The jurisdiction of a court of a State which has made a child custody or visitation determination consistently with the provisions of this section continues as long as the requirement of subsection (c)(1) of this section continues to be met and such State remains the residence of the child or of any contestant. (e) Before a child custody or visitation determination is made, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated and any person who has physical custody of a child. (f) A court of a State may modify a determination of the custody of the same child made by a court of another State, if (1) it has jurisdiction to make such a child custody determination; and (2) the court of the other State no longer has jurisdiction, or it has declined to exercise such jurisdiction to modify such determination. (g) A court of a State shall not exercise jurisdiction in any proceeding for a custody or visitation determination commenced during the pendency of a proceeding in a court of another State where such court of that other State is exercising jurisdiction consistently with the provisions of this section to make a custody or visitation determination. (h) A court of a State may not modify a visitation determination made by a court of another State unless the court of the other State no longer has jurisdiction to modify such determination or has declined to exercise jurisdiction to modify such determination. (Added Pub. L. 96611,  8(a) Dec. 28, 1980 94 Stat. 3569 Pub. L. 105374,  1 Nov. 12, 1998 112 Stat. 3383 Pub. L. 106386, div. B, title III,  1303(d) Oct. 28, 2000 114 Stat. 1512  Editorial Notes Amendments 2000Subsec. (c)(2)(C)(ii). Pub. L. 106386 1998Subsec. (a). Pub. L. 105374,  1(a) Subsec. (b)(2). Pub. L. 105374,  1(b) Subsec. (b)(3). Pub. L. 105374,  1(c) Subsec. (b)(5). Pub. L. 105374,  1(d) Subsec. (b)(9). Pub. L. 105374,  1(e) Subsec. (c). Pub. L. 105374,  1(f) Subsec. (c)(2)(D)(i). Pub. L. 105374,  1(g) Subsecs. (d), (e). Pub. L. 105374,  1(h) Subsec. (g). Pub. L. 105374,  1(j) Subsec. (h). Pub. L. 105374,  1(k) Statutory Notes and Related Subsidiaries Report on Effects of Parental Kidnaping Laws in Domestic Violence Cases Pub. L. 106386, div. B, title III,  1303(a) Oct. 28, 2000 114 Stat. 1512  (a)  In General The Attorney General shall (1) conduct a study of Federal and State laws relating to child custody, including custody provisions in protection orders, the Uniform Child Custody Jurisdiction and Enforcement Act adopted by the National Conference of Commissioners on Uniform State Laws in July 1997, the Parental Kidnaping Prevention Act of 1980 [see Short Title of 1980 Amendments note set out under section 1305 of Title 42 (2) submit to Congress a report describing the results of that study, including the effects of implementing or applying model State laws, and the recommendations of the Attorney General to reduce the incidence or pattern of violence against women or of sexual assault of the child. (b)  Sufficiency of Defenses In carrying out subsection (a) with respect to the Parental Kidnaping Prevention Act of 1980 and the amendments made by that Act, the Attorney General shall examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from jurisdictional requirements of that Act and the amendments made by that Act. (c)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $200,000 for fiscal year 2001. [For definitions of domestic violence and sexual assault as used in section 1303(a)(c) of Pub. L. 106386 section 1002 of Pub. L. 106386 section 10447 of Title 34 Congressional Findings and Declaration of Purpose Pub. L. 96611,  7 Dec. 28, 1980 94 Stat. 3568  (a) The Congress finds that (1) there is a large and growing number of cases annually involving disputes between persons claiming rights of custody and visitation of children under the laws, and in the courts, of different States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; (2) the laws and practices by which the courts of those jurisdictions determine their jurisdiction to decide such disputes, and the effect to be given the decisions of such disputes by the courts of other jurisdictions, are often inconsistent and conflicting; (3) those characteristics of the law and practice in such cases, along with the limits imposed by a Federal system on the authority of each such jurisdiction to conduct investigations and take other actions outside its own boundaries, contribute to a tendency of parties involved in such disputes to frequently resort to the seizure, restraint, concealment, and interstate transportation of children, the disregard of court orders, excessive relitigation of cases, obtaining of conflicting orders by the courts of various jurisdictions, and interstate travel and communication that is so expensive and time consuming as to disrupt their occupations and commercial activities; and (4) among the results of those conditions and activities are the failure of the courts of such jurisdictions to give full faith and credit to the judicial proceedings of the other jurisdictions, the deprivation of rights of liberty and property without due process of law, burdens on commerce among such jurisdictions and with foreign nations, and harm to the welfare of children and their parents and other custodians. (b) For those reasons it is necessary to establish a national system for locating parents and children who travel from one such jurisdiction to another and are concealed in connection with such disputes, and to establish national standards under which the courts of such jurisdictions will determine their jurisdiction to decide such disputes and the effect to be given by each such jurisdiction to such decisions by the courts of other such jurisdictions. (c) The general purposes of sections 6 to 10 of this Act [enacting this section and section 663 of Title 42 section 1073 of Title 18 (1) promote cooperation between State courts to the end that a determination of custody and visitation is rendered in the State which can best decide the case in the interest of the child; (2) promote and expand the exchange of information and other forms of mutual assistance between States which are concerned with the same child; (3) facilitate the enforcement of custody and visitation decrees of sister States; (4) discourage continuing interstate controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child; (5) avoid jurisdictional competition and conflict between State courts in matters of child custody and visitation which have in the past resulted in the shifting of children from State to State with harmful effects on their well-being; and (6) deter interstate abductions and other unilateral removals of children undertaken to obtain custody and visitation awards. State Court Proceedings for Custody Determinations; Priority Treatment; Fees, Costs, and Other Expenses Pub. L. 96611,  8(c) Dec. 28, 1980 94 Stat. 3571  In furtherance of the purposes of section 1738A of title 28 (1) afford priority to proceedings for custody determinations; and (2) award to the person entitled to custody or visitation pursuant to a custody determination which is consistent with the provisions of such section 1738A, necessary travel expenses, attorneys fees, costs of private investigations, witness fees or expenses, and other expenses incurred in connection with such custody determination in any case in which (A) a contestant has, without the consent of the person entitled to custody or visitation pursuant to a custody determination which is consistent with the provisions of such section 1738A, (i) wrongfully removed the child from the physical custody of such person, or (ii) wrongfully retained the child after a visit or other temporary relinquishment of physical custody; or (B) the court determines it is appropriate.  1738B. Full faith and credit for child support orders (a)  General Rule The appropriate authorities of each State (1) shall enforce according to its terms a child support order made consistently with this section by a court of another State; and (2) shall not seek or make a modification of such an order except in accordance with subsections (e), (f), and (i). (b)  Definitions In this section: (1) The term child means (A) a person under 18 years of age; and (B) a person 18 or more years of age with respect to whom a child support order has been issued pursuant to the laws of a State. (2) The term childs State means the State in which a child resides. (3) The term childs home State means the State in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the State in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month period. (4) The term child support means a payment of money, continuing support, or arrearages or the provision of a benefit (including payment of health insurance, child care, and educational expenses) for the support of a child. (5) The term child support order (A) means a judgment, decree, or order of a court requiring the payment of child support in periodic amounts or in a lump sum; and (B) includes (i) a permanent or temporary order; and (ii) an initial order or a modification of an order. (6) The term contestant means (A) a person (including a parent) who (i) claims a right to receive child support; (ii) is a party to a proceeding that may result in the issuance of a child support order; or (iii) is under a child support order; and (B) a State or political subdivision of a State to which the right to obtain child support has been assigned. (7) The term court means a court or administrative agency of a State that is authorized by State law to establish the amount of child support payable by a contestant or make a modification of a child support order. (8) The term modification means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to the child support order. (9) The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and Indian country (as defined in section 1151 of title 18 (c)  Requirements of Child Support Orders A child support order made by a court of a State is made consistently with this section if (1) a court that makes the order, pursuant to the laws of the State in which the court is located and subsections (e), (f), and (g) (A) has subject matter jurisdiction to hear the matter and enter such an order; and (B) has personal jurisdiction over the contestants; and (2) reasonable notice and opportunity to be heard is given to the contestants. (d)  Continuing Jurisdiction A court of a State that has made a child support order consistently with this section has continuing, exclusive jurisdiction over the order if the State is the childs State or the residence of any individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order, unless the court of another State, acting in accordance with subsections (e) and (f), has made a modification of the order. (e)  Authority To Modify Orders A court of a State may modify a child support order issued by a court of another State if (1) the court has jurisdiction to make such a child support order pursuant to subsection (i); and (2) (A) the court of the other State no longer has continuing, exclusive jurisdiction of the child support order because that State no longer is the childs State or the residence of any individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order; or (B) each individual contestant has filed written consent with the State of continuing, exclusive jurisdiction for a court of another State to modify the order and assume continuing, exclusive jurisdiction over the order. (f)  Recognition of Child Support Orders If 1 or more child support orders have been issued with regard to an obligor and a child, a court shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction and enforcement: (1) If only 1 court has issued a child support order, the order of that court must be recognized. (2) If 2 or more courts have issued child support orders for the same obligor and child, and only 1 of the courts would have continuing, exclusive jurisdiction under this section, the order of that court must be recognized. (3) If 2 or more courts have issued child support orders for the same obligor and child, and more than 1 of the courts would have continuing, exclusive jurisdiction under this section, an order issued by a court in the current home State of the child must be recognized, but if an order has not been issued in the current home State of the child, the order most recently issued must be recognized. (4) If 2 or more courts have issued child support orders for the same obligor and child, and none of the courts would have continuing, exclusive jurisdiction under this section, a court having jurisdiction over the parties shall issue a child support order, which must be recognized. (5) The court that has issued an order recognized under this subsection is the court having continuing, exclusive jurisdiction under subsection (d). (g)  Enforcement of Modified Orders A court of a State that no longer has continuing, exclusive jurisdiction of a child support order may enforce the order with respect to nonmodifiable obligations and unsatisfied obligations that accrued before the date on which a modification of the order is made under subsections (e) and (f). (h)  Choice of Law. (1)  In general In a proceeding to establish, modify, or enforce a child support order, the forum States law shall apply except as provided in paragraphs (2) and (3). (2)  Law of state of issuance of order In interpreting a child support order including the duration of current payments and other obligations of support, a court shall apply the law of the State of the court that issued the order. (3)  Period of limitation In an action to enforce arrears under a child support order, a court shall apply the statute of limitation of the forum State or the State of the court that issued the order, whichever statute provides the longer period of limitation. (i)  Registration for Modification If there is no individual contestant or child residing in the issuing State, the party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another State shall register that order in a State with jurisdiction over the nonmovant for the purpose of modification. (Added Pub. L. 103383,  3(a) Oct. 20, 1994 108 Stat. 4064 Pub. L. 104193, title III,  322 Aug. 22, 1996 110 Stat. 2221 Pub. L. 10533, title V,  5554 Aug. 5, 1997 111 Stat. 636 Pub. L. 113183, title III,  301(f)(2) Sept. 29, 2014 128 Stat. 1944  Editorial Notes Amendments 2014Subsec. (b). Pub. L. 113183,  301(f)(2)(C) Subsec. (d). Pub. L. 113183,  301(f)(2)(A) Subsec. (e)(2)(A). Pub. L. 113183,  301(f)(2)(B) 1997Subsec. (f)(4). Pub. L. 10533,  5554(1) Subsec. (f)(5). Pub. L. 10533,  5554(2) 1996Subsec. (a)(2). Pub. L. 104193,  322(1) Subsec. (b). Pub. L. 104193,  322(2) Subsec. (c). Pub. L. 104193,  322(3) Subsec. (c)(1). Pub. L. 104193,  322(4) Subsec. (d). Pub. L. 104193,  322(5) Subsec. (e). Pub. L. 104193,  322(6) Subsec. (e)(1). Pub. L. 104193,  322(7) Subsec. (e)(2). Pub. L. 104193,  322(8) Subsec. (f). Pub. L. 104193,  322(10) Subsec. (g). Pub. L. 104193,  322(11) Pub. L. 104193,  322(9) Subsec. (h). Pub. L. 104193,  322(12) Pub. L. 104193,  322(9) Subsec. (i). Pub. L. 104193,  322(13) Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Pub. L. 113183, title III,  301(f)(3)(B) Sept. 29, 2014 128 Stat. 1945  (i) The amendments made by subparagraphs (A) and (B) of paragraph (2) [amending this section] shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States [The Convention entered into force for the United States Jan. 1, 2017 (ii) The amendments made by subparagraph (C) of paragraph (2) [amending this section] shall take effect on the date of the enactment of this Act [ Sept. 29, 2014 Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Pub. L. 104193 section 5557 of Pub. L. 10533 section 608 of Title 42 Effective Date of 1996 Amendment For effective date of amendment by Pub. L. 104193 Pub. L. 104193 section 654 of Title 42 Congressional Findings and Declaration of Purpose Pub. L. 103383,  2 Oct. 20, 1994 108 Stat. 4063  (a)  Findings The Congress finds that (1) there is a large and growing number of child support cases annually involving disputes between parents who reside in different States; (2) the laws by which the courts of different jurisdictions determine their authority to establish child support orders are not uniform; (3) those laws, along with the limits imposed by the Federal system on the authority of each State to take certain actions outside its own boundaries (A) encourage noncustodial parents to relocate outside the States where their children and the custodial parents reside to avoid the jurisdiction of the courts of such States, resulting in an increase in the amount of interstate travel and communication required to establish and collect on child support orders and a burden on custodial parents that is expensive, time consuming, and disruptive of occupations and commercial activity; (B) contribute to the pressing problem of relatively low levels of child support payments in interstate cases and to inequities in child support payments levels that are based solely on the noncustodial parents choice of residence; (C) encourage a disregard of court orders resulting in massive arrearages nationwide; (D) allow noncustodial parents to avoid the payment of regularly scheduled child support payments for extensive periods of time, resulting in substantial hardship for the children for whom support is due and for their custodians; and (E) lead to the excessive relitigation of cases and to the establishment of conflicting orders by the courts of various jurisdictions, resulting in confusion, waste of judicial resources, disrespect for the courts, and a diminution of public confidence in the rule of law; and (4) among the results of the conditions described in this subsection are (A) the failure of the courts of the States to give full faith and credit to the judicial proceedings of the other States; (B) the deprivation of rights of liberty and property without due process of law; (C) burdens on commerce among the States; and (D) harm to the welfare of children and their parents and other custodians. (b)  Statement of Policy In view of the findings made in subsection (a), it is necessary to establish national standards under which the courts of the various States shall determine their jurisdiction to issue a child support order and the effect to be given by each State to child support orders issued by the courts of other States. (c)  Purposes The purposes of this Act [enacting this section and provisions set out as a note under section 1 of this title (1) to facilitate the enforcement of child support orders among the States; (2) to discourage continuing interstate controversies over child support in the interest of greater financial stability and secure family relationships for the child; and (3) to avoid jurisdictional competition and conflict among State courts in the establishment of child support orders.  1738C. Certain acts, records, and proceedings and the effect thereof (a)  In General No person acting under color of State law may deny (1) full faith and credit to any public act, record, or judicial proceeding of any other State pertaining to a marriage between 2 individuals, on the basis of the sex, race, ethnicity, or national origin of those individuals; or (2) a right or claim arising from such a marriage on the basis that such marriage would not be recognized under the law of that State on the basis of the sex, race, ethnicity, or national origin of those individuals. (b)  Enforcement by Attorney General The Attorney General may bring a civil action in the appropriate United States district court against any person who violates subsection (a) for declaratory and injunctive relief. (c)  Private Right of Action Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for declaratory and injunctive relief. (d)  State Defined In this section, the term State has the meaning given such term under section 7 of title 1 (Added Pub. L. 117228,  4 Dec. 13, 2022 136 Stat. 2305  Editorial Notes Prior Provisions A prior section 1738C, added Pub. L. 104199,  2(a) Sept. 21, 1996 110 Stat. 2419 Pub. L. 117228,  3 Dec. 13, 2022 136 Stat. 2305  1739. State and Territorial nonjudicial records; full faith and credit  All nonjudicial records or books kept in any public office of any State, Territory, or Possession of the United States, or copies thereof, shall be proved or admitted in any court or office in any other State, Territory, or Possession by the attestation of the custodian of such records or books, and the seal of his office annexed, if there be a seal, together with a certificate of a judge of a court of record of the county, parish, or district in which such office may be kept, or of the Governor, or secretary of state, the chancellor or keeper of the great seal, of the State, Territory, or Possession that the said attestation is in due form and by the proper officers. If the certificate is given by a judge, it shall be further authenticated by the clerk or prothonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified; or, if given by such Governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or Possession in which it is made. Such records or books, or copies thereof, so authenticated, shall have the same full faith and credit in every court and office within the United States and its Territories and Possessions as they have by law or usage in the courts or offices of the State, Territory, or Possession from which they are taken. ( June 25, 1948, ch. 646 62 Stat. 947  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  688 (R.S.  906). Words Possession of the United States were substituted for or any country subject to the jurisdiction of the United States. Words or copies thereof were added in two places. Copies have always been used to prove records and books under section 688 of title 28 In the first paragraph of the revised section words a judge of a court of record were substituted for words the presiding justice of the court and in the second paragraph judge was substituted for presiding justice for convenience and without change of substance. Words and its Territories and Possessions were added after United States, near the end of the section, in view of provisions of section 688 of title 28 See also Rule 44 of the Federal Rules of Civil Procedure. Changes were made in phraseology.  1740. Copies of consular papers  Copies of all official documents and papers in the office of any consul or vice consul of the United States, and of all official entries in the books or records of any such office, authenticated by the consul or vice consul, shall be admissible equally with the originals. ( June 25, 1948, ch. 646 62 Stat. 947  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  677 (R.S.  896; Apr. 5, 1906, ch. 1366,  3 34 Stat. 100 Words authenticated by the consul or vice consul were substituted for certified under the hand and seal of such officer, for clarity. Words in the courts of the United States, were omitted after admissible. Such papers should be so admitted in all courts consistently with sections 1738 and 1739 of this title. See also Rule 44 of the Federal Rules of Civil Procedure. Changes were made in phraseology.  1741. Foreign official documents  An official record or document of a foreign country may be evidenced by a copy, summary, or excerpt authenticated as provided in the Federal Rules of Civil Procedure. ( June 25, 1948, ch. 646 62 Stat. 948 May 24, 1949, ch. 139,  92(b) 63 Stat. 103 Pub. L. 88619,  5(a) Oct. 3, 1964 78 Stat. 996  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  695e ( June 20, 1936, ch. 640,  6 49 Stat. 1563 Words Nothing contained in this section shall be deemed to alter, amend, or repeal section 689 of this title section 695e of title 28 See also Rule 44 of the Federal Rules of Civil Procedure. Section 695e1 of title 28 Changes were made in phraseology. 1949 Act This section corrects a typographical error in section 1741 of title 28 Editorial Notes Amendments 1964 Pub. L. 88619 1949Act May 24, 1949 [ 1742. Repealed. Pub. L. 88619,  6(a) Oct. 3, 1964 78 Stat. 996   Section, act June 25, 1948, ch. 646 62 Stat. 948  1743. Demand on postmaster  The certificate of the Postmaster General or the Government Accountability Office of the mailing to a postmaster of a statement of his account and that payment of the balance stated has not been received shall be sufficient evidence of a demand notwithstanding any allowances or credits subsequently made. A copy of such statement shall be attached to the certificate. ( June 25, 1948, ch. 646 62 Stat. 948 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  670 (R.S.  890; June 10, 1921, ch. 18,  301 42 Stat. 23 Provisions in section 670 of title 28 The last clause of section 670 of title 28 Changes were made in phraseology. Editorial Notes Amendments 2004 Pub. L. 108271 Statutory Notes and Related Subsidiaries  Transfer of Functions The office of Postmaster General of the Post Office Department was abolished and all functions, powers, and duties of the Postmaster General were transferred to the United States Postal Service by Pub. L. 91375,  4(a) Aug. 12, 1970 84 Stat. 773 section 201 of Title 39  1744. Copies of United States Patent and Trademark Office documents, generally  Copies of letters patent or of any records, books, papers, or drawings belonging to the United States Patent and Trademark Office and relating to patents, authenticated under the seal of the United States Patent and Trademark Office and certified by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, or by another officer of the United States Patent and Trademark Office authorized to do so by the Director, shall be admissible in evidence with the same effect as the originals. Any person making application and paying the required fee may obtain such certified copies. ( June 25, 1948, ch. 646 62 Stat. 948 May 24, 1949, ch. 139,  92(c) 63 Stat. 103 Pub. L. 106113, div. B,  1000(a)(9) [title IV,  4732(b)(15)(B), (C)] Nov. 29, 1999 113 Stat. 1536  Historical and Revision Notes Based on section 127 of title 15 Mar. 19, 1920, ch. 104,  7 41 Stat. 535 Mar. 4, 1925, ch. 535,  2 43 Stat. 1269 For purposes of uniformity, words written or printed, at the beginning of the section, were omitted. Similar sections in this chapter do not contain such words. Words or in his name attested by a chief of division duly designated by the commissioner, after Commissioner of Patents, were omitted as unnecessary. Changes in phraseology were made. Editorial Notes Amendments 1999 Pub. L. 106113 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by Pub. L. 106113 Nov. 29, 1999 Pub. L. 106113 section 1 of Title 35  1745. Copies of foreign patent documents  Copies of the specifications and drawings of foreign letters patent, or applications for foreign letters patent, and copies of excerpts of the official journals and other official publications of foreign patent offices belonging to the United States Patent and Trademark Office, certified in the manner provided by section 1744 of this title ( June 25, 1948, ch. 646 62 Stat. 948 May 24, 1949, ch. 139,  92(e) 63 Stat. 103 Pub. L. 88619,  7(a) Oct. 3, 1964 78 Stat. 996 Pub. L. 106113, div. B,  1000(a)(9) [title IV,  4732(b)(16)] Nov. 29, 1999 113 Stat. 1536  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  674 (R.S.  893). Changes were made in phraseology. Editorial Notes Prior Provisions A prior section 1745, act June 25, 1948, ch. 646 62 Stat. 948 act May 24, 1949, ch. 139,  92(d) 63 Stat. 103 Amendments 1999 Pub. L. 106113 1964 Pub. L. 88619 1949Act May 24, 1949 section 1746 of this title Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by Pub. L. 106113 Nov. 29, 1999 Pub. L. 106113 section 1 of Title 35  1746. Unsworn declarations under penalty of perjury Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature). (2) If executed within the United States, its territories, possessions, or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). (Added Pub. L. 94550,  1(a) Oct. 18, 1976 90 Stat. 2534  Editorial Notes Prior Provisions A prior section 1746 was renumbered section 1745 of this title CHAPTER 117 EVIDENCE; DEPOSITIONS    Sec.  1781. Transmittal of letter rogatory or request.  1782. Assistance to foreign and international tribunals and to litigants before such tribunals.  1783. Subpoena of person in foreign country.  1784. Contempt.  1785. Subpoenas in multiparty, multiforum actions.  Editorial Notes Amendments 2002 Pub. L. 107273, div. C, title I,  11020(b)(4)(B)(ii) Nov. 2, 2002 116 Stat. 1829 1964 Pub. L. 88619 Oct. 3, 1964 78 Stat. 997 Statutory Notes and Related Subsidiaries Depositions in Admiralty Cases Prior to the general unification of civil and admiralty procedure and the recision of the Admiralty Rules on July 1, 1966  Sec  Sec His testimony shall be reduced to writing or typewriting by the officer taking the deposition, or by some person under his personal supervision, or by the deponent himself in the officers presence, and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the deponent. [As amended May 23, 1900, ch. 541 31 Stat. 182  Sec R.S.  863 to 865, as amended, quoted above, were applicable to admiralty proceedings only. Proceedings in bankruptcy and copyright are governed by rule 26 et seq. of Federal Rules of Civil Procedure. See also Rules of Bankruptcy Procedure set out in the Appendix to Title 11, Bankruptcy.  1781. Transmittal of letter rogatory or request (a) The Department of State has power, directly, or through suitable channels (1) to receive a letter rogatory issued, or request made, by a foreign or international tribunal, to transmit it to the tribunal, officer, or agency in the United States to whom it is addressed, and to receive and return it after execution; and (2) to receive a letter rogatory issued, or request made, by a tribunal in the United States, to transmit it to the foreign or international tribunal, officer, or agency to whom it is addressed, and to receive and return it after execution. (b) This section does not preclude (1) the transmittal of a letter rogatory or request directly from a foreign or international tribunal to the tribunal, officer, or agency in the United States to whom it is addressed and its return in the same manner; or (2) the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner. ( June 25, 1948, ch. 646 62 Stat. 948 Pub. L. 88619,  8(a) Oct. 3, 1964 78 Stat. 996  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  653 (R.S.  875; Feb. 27, 1877, ch. 69,  1 19 Stat. 241 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Word officer was substituted for commissioner to obviate uncertainty as to the person to whom the letters or commissioned may be issued. The third sentence of section 653 of title 28 The last sentence of section 653 of title 26 section 1782 of this title The revised section extends the provisions of section 653 of title 28 Words courts of the United States were inserted to make certain that the section is addressed to the Federal rather than the State courts as obviously intended by Congress. Changes were made in phraseology. Editorial Notes Amendments 1964 Pub. L. 88619  1782. Assistance to foreign and international tribunals and to litigants before such tribunals (a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure. A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege. (b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him. ( June 25, 1948, ch. 646 62 Stat. 949 May 24, 1949, ch. 139,  93 63 Stat. 103 Pub. L. 88619,  9(a) Oct. 3, 1964 78 Stat. 997 Pub. L. 104106, div. A, title XIII,  1342(b) Feb. 10, 1996 110 Stat. 486  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  649653, 701, 703, 704 (R.S.  871875, 4071, 4073, 4074; Feb. 27, 1877, ch. 69,  1 19 Stat. 241 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 June 25, 1936, ch. 804 49 Stat. 1921 Sections 649652 of title 28, U.S.C., 1940 ed., applied only to the District of Columbia and contained detailed provisions for issuing subpoenas, payment of witness fees and procedure for ordering and taking depositions. These matters are all covered by Federal Rules of Civil Procedure, Rules 2632. Provisions in sections 649652 of title 28, U.S.C., 1940 ed., relating to the taking of testimony in the District of Columbia for use in State and Territorial courts were omitted as covered by section 14204 of the District of Columbia Code, 1940 ed., and Rules 26 et seq., and 46 of the Federal Rules of Civil Procedure. Only the last sentence of section 653 of title 28 section 1781 of this title Sections 701, 703, and 704 of title 28, U.S.C., 1940 ed., were limited to suits for the recovery of money or property depending in any court in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest. The revised section omits this limitation in view of the general application of the last sentence of section 653 of title 28 Therefore the revised section is made simple and clear to provide a flexible procedure for the taking of depositions. The ample safeguards of the Federal Rules of Civil Procedure, Rules 2632, will prevent misuse of this section. The provisions of section 703 of title 28 The provisions of section 704 of title 28 Changes were made in phraseology. 1949 Act This amendment corrects restrictive language in section 1782 of title 28 Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Amendments 1996Subsec. (a). Pub. L. 104106 1964 Pub. L. 88619 1949Act May 24, 1949  1783. Subpoena of person in foreign country (a) A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the court finds that particular testimony or the production of the document or other thing by him is necessary in the interest of justice, and, in other than a criminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his personal appearance or to obtain the production of the document or other thing in any other manner. (b) The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena and any order to show cause, rule, judgment, or decree authorized by this section or by section 1784 of this title ( June 25, 1948, ch. 646 62 Stat. 949 Pub. L. 88619,  10(a) Oct. 3, 1964 78 Stat. 997  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  711, 712, and 713 ( July 3, 1926, ch. 762 44 Stat. 835 Word resident was substituted for or domiciled therein. (See revisers note under section 1391 of this title Words or any assistant or district attorney acting under him, after Attorney General in section 712 of title 28 section 507 of this title Changes were made in phraseology. Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. Amendments 1964 Pub. L. 88619  1784. Contempt (a) The court of the United States which has issued a subpoena served in a foreign country may order the person who has failed to appear or who has failed to produce a document or other thing as directed therein to show cause before it at a designated time why he should not be punished for contempt. (b) The court, in the order to show cause, may direct that any of the persons property within the United States be levied upon or seized, in the manner provided by law or court rules governing levy or seizure under execution, and held to satisfy any judgment that may be rendered against him pursuant to subsection (d) of this section if adequate security, in such amount as the court may direct in the order, be given for any damage that he might suffer should he not be found in contempt. Security under this subsection may not be required of the United States. (c) A copy of the order to show cause shall be served on the person in accordance with section 1783(b) of this title (d) On the return day of the order to show cause or any later day to which the hearing may be continued, proof shall be taken. If the person is found in contempt, the court, notwithstanding any limitation upon its power generally to punish for contempt, may fine him not more than $100,000 and direct that the fine and costs of the proceedings be satisfied by a sale of the property levied upon or seized, conducted upon the notice required and in the manner provided for sales upon execution. ( June 25, 1948, ch. 646 62 Stat. 949 Pub. L. 88619,  11 Oct. 3, 1964 78 Stat. 998  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  714, 715, 716, 717, and 718 ( July 3, 1926, ch. 762 44 Stat. 836 Sections 714718 of title 28, U.S.C., 1940 ed., were consolidated, since all relate to contempt by a witness served personally in a foreign country. The last sentence omits specific reference to section 118 of title 28 section 1655 of this title Changes were made in phraseology. Editorial Notes Amendments 1964 Pub. L. 88619 section 1783(b) of this title  1785. Subpoenas in multiparty, multiforum actions  When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title (Added Pub. L. 107273, div. C, title I,  11020(b)(4)(B)(i) Nov. 2, 2002 116 Stat. 1828  Editorial Notes Prior Provisions A prior section 1785, act June 25, 1948, ch. 646 62 Stat. 950 Pub. L. 88619,  12(a) Oct. 3, 1964 78 Stat. 998 section 1782(a) of this title Statutory Notes and Related Subsidiaries Effective Date Section applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002 section 11020(c) of Pub. L. 107273 section 1369 of this title CHAPTER 119 EVIDENCE; WITNESSES    Sec.  1821. Per diem and mileage generally; subsistence.  1822. Competency of interested persons; share of penalties payable.  [ 1823. Repealed.]  1824. Mileage fees under summons as both witness and juror.  1825. Payment of fees.  1826. Recalcitrant witnesses.  1827. Interpreters in courts of the United States.  1828. Special interpretation services.  Editorial Notes Amendments 1978 Pub. L. 95539,  2(b) Oct. 28, 1978 92 Stat. 2042 1970 Pub. L. 91563,  5(b) Dec. 19, 1970 84 Stat. 1478 Pub. L. 91452, title III,  301(b) Oct. 15, 1970 84 Stat. 932  1821. Per diem and mileage generally; subsistence (a) (1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate Judge, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section. (2) As used in this section, the term court of the United States includes, in addition to the courts listed in section 451 of this title (b) A witness shall be paid an attendance fee of $40 per day for each days attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance. (c) (1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witnesss residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished. (2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to section 5704 of title 5 (3) Toll charges for toll roads, bridges, tunnels, and ferries, taxicab fares between places of lodging and carrier terminals, and parking fees (upon presentation of a valid parking receipt), shall be paid in full to a witness incurring such expenses. (4) All normal travel expenses within and outside the judicial district shall be taxable as costs pursuant to section 1920 of this title (d) (1) A subsistence allowance shall be paid to a witness when an overnight stay is required at the place of attendance because such place is so far removed from the residence of such witness as to prohibit return thereto from day to day. (2) A subsistence allowance for a witness shall be paid in an amount not to exceed the maximum per diem allowance prescribed by the Administrator of General Services, pursuant to section 5702(a) of title 5 (3) A subsistence allowance for a witness attending in an area designated by the Administrator of General Services as a high-cost area shall be paid in an amount not to exceed the maximum actual subsistence allowance prescribed by the Administrator, pursuant to section 5702(c)(B) 1 1 (4) When a witness is detained pursuant to section 3144 of title 18 (e) An alien who has been paroled into the United States for prosecution, pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) 8 U.S.C. 1252(b) 1 (f) Any witness who is incarcerated at the time that his or her testimony is given (except for a witness to whom the provisions of section 3144 of title 18 ( June 25, 1948, ch. 646 62 Stat. 950 May 10, 1949, ch. 96 63 Stat. 65 May 24, 1949, ch. 139,  94 63 Stat. 103 Oct. 31, 1951, ch. 655,  51(a) 65 Stat. 727 Sept. 3, 1954, ch. 1263,  45 68 Stat. 1242 Aug. 1, 1956, ch. 826 70 Stat. 798 Pub. L. 90274,  102(b) Mar. 27, 1968 82 Stat. 62 Pub. L. 95535,  1 Oct. 27, 1978 92 Stat. 2033 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5115 Pub. L. 102417,  2(a) Oct. 14, 1992 106 Stat. 2138 Pub. L. 104208, div. C, title III,  308(g)(5)(E) Sept. 30, 1996 110 Stat. 3009623  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  600c, section 1115(a) of title 26 Apr. 26, 1926, ch. 183,  3 44 Stat. 324 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1936, ch. 804 49 Stat. 1921 Feb. 10, 1939, ch. 2,  1115(a) 53 Stat. 160 Dec. 24, 1942, ch. 825,  1 56 Stat. 1088 Section consolidates part of section 600c of title 28 section 1115(a) of title 26 Words or person taking his deposition pursuant to any order of a court of the United States were added to cover that circumstance. Reference in section 600c of title 28 Provision of section 600c of title 28 section 1825 of this title Changes were made in phraseology. Senate Revision Amendment By Senate amendments, all provisions relating to the Tax Court were eliminated. Therefore, as finally enacted, section 1115(a) of Title 26 1949 Act This section restores certain provisions of the original statute, R.S.  848, which were inadvertently omitted from revised title 28, U.S.C.,  1821. Editorial Notes  References in Text Subsection (c) of section 5702 of title 5 section 5702 of title 5 Pub. L. 99234, title I,  102 Jan. 2, 1986 99 Stat. 1756 Section 240 of the Immigration and Nationality Act, referred to in subsec. (e), is classified to section 1229a of Title 8 Amendments 1996Subsec. (e). Pub. L. 104208 1992Subsec. (d)(1). Pub. L. 102417,  2(b) Subsec. (d)(4). Pub. L. 102417,  2(c) Subsec. (f). Pub. L. 102417,  2(a) 1990Subsec. (b). Pub. L. 101650 1978 Pub. L. 95535 section 5704 of Title 5 1968 Pub. L. 90274 1956Act Aug. 1, 1956 1954Act Sept. 3, 1954 1951Act Oct. 31, 1951 1949Act May 24, 1949 Act May 10, 1949 Statutory Notes and Related Subsidiaries  Change of Name United States Magistrate Judge substituted for United States Magistrate in subsec. (a)(1) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1996 Amendment Amendment by Pub. L. 104208 Sept. 30, 1996 section 309 of Pub. L. 104208 section 1101 of Title 8 Effective Date of 1992 Amendment Pub. L. 102417,  2(d) Oct. 14, 1992 106 Stat. 2138 The amendments made by this section [amending this section] shall be effective on and after the date of the enactment of this act [ Oct. 14, 1992 section 1821 of title 28 Effective Date of 1978 Amendment Pub. L. 95535,  2 Oct. 27, 1978 92 Stat. 2034 The amendments made by this Act [amending this section] shall take effect on October 1, 1978 Oct. 27, 1978 Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title Payment of Fact Witness Fee to Incarcerated Person Prohibited Pub. L. 102395, title I,  108 Oct. 6, 1992 106 Stat. 1841 Similar provisions were contained in the following prior appropriation acts: Pub. L. 102140, title I,  110 Oct. 28, 1991 105 Stat. 795 Pub. L. 10227, title II,  102 Apr. 10, 1991 105 Stat. 136  1822. Competency of interested persons; share of penalties payable  Any person interested in a share of any fine, penalty or forfeiture incurred under any Act of Congress, may be examined as a witness in any proceeding for the recovery of such fine, penalty or forfeiture by any party thereto. Such examination shall not deprive the witness of his share. ( June 25, 1948, ch. 646 62 Stat. 950  Historical and Revision Notes Based on section 644 of title 18 Changes were made in phraseology. [ 1823. Repealed. Pub. L. 91563,  5(a) Dec. 19, 1970 84 Stat. 1478   Section, acts June 25, 1948, ch. 646 62 Stat. 950 May 24, 1949, ch. 139,  95 63 Stat. 103 Oct. 5, 1949, ch. 601 63 Stat. 704 July 7, 1952, ch. 581 66 Stat. 439 July 28, 1955, ch. 424,  3 69 Stat. 394  1824. Mileage fees under summons as both witness and juror  No constructive or double mileage fees shall be allowed by reason of any person being summoned both as a witness and a juror. ( June 25, 1948, ch. 646 62 Stat. 951  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  602 ( May 27, 1908, ch. 200,  1 35 Stat. 377 Words or as a witness in two or more cases pending in the same court and triable at the same term thereof were omitted as covered by section 1821 of this title Changes were made in phraseology.  1825. Payment of fees (a) In any case in which the United States or an officer or agency of the United States is a party, the Attorney General shall pay all fees of witnesses on the certificate of the United States attorney or assistant United States attorney, and in the proceedings before a United States magistrate judge, on the certificate of such magistrate judge, except that any fees of defense witnesses, other than experts, appearing pursuant to subpoenas issued upon approval of the court, shall be paid by the Attorney General (1) on the certificate of a Federal public defender or assistant Federal public defender, in a criminal case in which the defendant is represented by such Federal public defender or assistant Federal public defender, and (2) on the certificate of the clerk of the court upon the affidavit of such witnesses attendance given by other counsel appointed pursuant to section 3006A of title 18 (b) In proceedings in forma pauperis for a writ of habeas corpus, and in proceedings in forma pauperis under section 2255 of this title (1) on the certificate of a Federal public defender or assistant Federal public defender, in any such proceedings in which a party is represented by such Federal public defender or assistant Federal public defender, and (2) on the certificate of the clerk of the court upon the affidavit of such witnesses attendance given by other counsel appointed pursuant to section 3006A of title 18 (c) Fees and mileage need not be tendered to a witness upon service of a subpoena issued on behalf of the United States or an officer or agency of the United States, upon service of a subpoena issued on behalf of a defendant represented by a Federal public defender, assistant Federal public defender, or other attorney appointed pursuant to section 3006A of title 18 ( June 25, 1948, ch. 646 62 Stat. 951 Pub. L. 89162 Sept. 2, 1965 79 Stat. 618 Pub. L. 99651, title I,  104 Nov. 14, 1986 100 Stat. 3645 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 116260, div. B, title II,  220 Dec. 27, 2020 134 Stat. 1266  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  600c, 608 (R.S.  236, 823, 848, 855; June 10, 1921, ch. 18,  305 42 Stat. 24 Apr. 26, 1926, ch. 183,  3 44 Stat. 324 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1936, ch. 804 49 Stat. 1921 Oct. 13, 1941, ch. 431,  2 55 Stat. 736 Dec. 24, 1942, ch. 825,  1 56 Stat. 1088 Section consolidates parts of sections 600c and 608 of title 28, U.S.C., 1940 ed., relating to payment of witnesses. Other provisions of such sections are incorporated in sections 1821 and 1871 of this title. Provisions in sections 600c and 608 of title 28, U.S.C., 1940 ed., for payment or certification on order of court were omitted as unnecessary and inappropriate on recommendation of the Judicial Conference Committee on Revision of the Judicial Code. Words in section 608 of title 28 The second paragraph is new. It conforms to Rule 45(e) of the Federal Rules of Civil Procedure but is inconsistent with Rule 17(d) of the Federal Rules of Criminal Procedure and supersedes that rule as to Federal criminal cases. The Department of Justice suggests that Rule 17(d) is unworkable. To attempt compliance each deputy marshal serving process must carry, on the average, $500 in cash on trips to serve process. The marshal must advance the money from his personal funds. The Comptroller General has not been able to set up any procedure to make it feasible to advance fees to Government witnesses. If a witness is served but fails or refuses to appear, the marshal is out of pocket the money advanced and has no recourse. In the exceptional cases of real necessity, the marshal supplies transportation to an indigent witness under established regulations which protect the disbursement. Changes were made in phraseology. Editorial Notes Amendments 2020Subsecs. (a), (b). Pub. L. 116260,  220(a) Subsec. (c). Pub. L. 116260,  220(b) 1986 Pub. L. 99651 In any case wherein the United States or an officer or agency thereof, is a party, the United States marshal for the district shall pay all fees of witnesses on the certificate of the United States Attorney or Assistant United States Attorney, and in the proceedings before a United States Commissioner, on the certificate of such commissioner. In all proceedings, in forma pauperis, for a writ of habeas corpus or in proceedings under section 2255 of this title Fees and mileage need not be tendered to the witness upon service of a subpena issued in behalf of the United States or an officer or agency thereof, or upon service of a subpena issued on behalf of a party, authorized to proceed in forma pauperis, where the payment thereof is to be made by the United States marshal as authorized in this section. 1965 Pub. L. 89162 section 2255 of this title Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge and magistrate judge substituted for United States magistrate and magistrate, respectively, in subsec. (a) pursuant to section 321 of Pub. L. 101650 Effective Date of 1986 Amendment Amendment by Pub. L. 99651 Nov. 14, 1986 section 105 of Pub. L. 99651 section 3006A of Title 18  1826. Recalcitrant witnesses (a) Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of (1) the court proceeding, or (2) the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months. (b) No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal. (c) Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or section 4243 of title 18 (Added Pub. L. 91452, title III,  301(a) Oct. 15, 1970 84 Stat. 932 Pub. L. 98473, title II,  1013 Oct. 12, 1984 98 Stat. 2142  Editorial Notes Amendments 1984Subsec. (c). Pub. L. 98473  1827. Interpreters in courts of the United States (a) The Director of the Administrative Office of the United States Courts shall establish a program to facilitate the use of certified and otherwise qualified interpreters in judicial proceedings instituted by the United States. (b) (1) The Director shall prescribe, determine, and certify the qualifications of persons who may serve as certified interpreters, when the Director considers certification of interpreters to be merited, for the hearing impaired (whether or not also speech impaired) and persons who speak only or primarily a language other than the English language, in judicial proceedings instituted by the United States. The Director may certify interpreters for any language if the Director determines that there is a need for certified interpreters in that language. Upon the request of the Judicial Conference of the United States for certified interpreters in a language, the Director shall certify interpreters in that language. Upon such a request from the judicial council of a circuit and the approval of the Judicial Conference, the Director shall certify interpreters for that circuit in the language requested. The judicial council of a circuit shall identify and evaluate the needs of the districts within a circuit. The Director shall certify interpreters based on the results of criterion-referenced performance examinations. The Director shall issue regulations to carry out this paragraph within 1 year after the date of the enactment of the Judicial Improvements and Access to Justice Act. (2) Only in a case in which no certified interpreter is reasonably available as provided in subsection (d) of this section, including a case in which certification of interpreters is not provided under paragraph (1) in a particular language, may the services of otherwise qualified interpreters be used. The Director shall provide guidelines to the courts for the selection of otherwise qualified interpreters, in order to ensure that the highest standards of accuracy are maintained in all judicial proceedings subject to the provisions of this chapter. (3) The Director shall maintain a current master list of all certified interpreters and otherwise qualified interpreters and shall report periodically on the use and performance of both certified and otherwise qualified interpreters in judicial proceedings instituted by the United States and on the languages for which interpreters have been certified. The Director shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by interpreters, certified or otherwise, used in proceedings instituted by the United States, and in doing so shall consider the prevailing rate of compensation for comparable service in other governmental entities. (c) (1) Each United States district court shall maintain on file in the office of the clerk, and each United States attorney shall maintain on file, a list of all persons who have been certified as interpreters by the Director in accordance with subsection (b) of this section. The clerk shall make the list of certified interpreters for judicial proceeding available upon request. (2) The clerk of the court, or other court employee designated by the chief judge, shall be responsible for securing the services of certified interpreters and otherwise qualified interpreters required for proceedings initiated by the United States, except that the United States attorney is responsible for securing the services of such interpreters for governmental witnesses. (d) (1) The presiding judicial officer, with the assistance of the Director of the Administrative Office of the United States Courts, shall utilize the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judicial officer, the services of an otherwise qualified interpreter, in judicial proceedings instituted by the United States, if the presiding judicial officer determines on such officers own motion or on the motion of a party that such party (including a defendant in a criminal case), or a witness who may present testimony in such judicial proceedings (A) speaks only or primarily a language other than the English language; or (B) suffers from a hearing impairment (whether or not suffering also from a speech impairment) so as to inhibit such partys comprehension of the proceedings or communication with counsel or the presiding judicial officer, or so as to inhibit such witness comprehension of questions and the presentation of such testimony. (2) Upon the motion of a party, the presiding judicial officer shall determine whether to require the electronic sound recording of a judicial proceeding in which an interpreter is used under this section. In making this determination, the presiding judicial officer shall consider, among other things, the qualifications of the interpreter and prior experience in interpretation of court proceedings; whether the language to be interpreted is not one of the languages for which the Director has certified interpreters, and the complexity or length of the proceeding. In a grand jury proceeding, upon the motion of the accused, the presiding judicial officer shall require the electronic sound recording of the portion of the proceeding in which an interpreter is used. (e) (1) If any interpreter is unable to communicate effectively with the presiding judicial officer, the United States attorney, a party (including a defendant in a criminal case), or a witness, the presiding judicial officer shall dismiss such interpreter and obtain the services of another interpreter in accordance with this section. (2) In any judicial proceedings instituted by the United States, if the presiding judicial officer does not appoint an interpreter under subsection (d) of this section, an individual requiring the services of an interpreter may seek assistance of the clerk of court or the Director of the Administrative Office of the United States Courts in obtaining the assistance of a certified interpreter. (f) (1) Any individual other than a witness who is entitled to interpretation under subsection (d) of this section may waive such interpretation in whole or in part. Such a waiver shall be effective only if approved by the presiding judicial officer and made expressly by such individual on the record after opportunity to consult with counsel and after the presiding judicial officer has explained to such individual, utilizing the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judicial officer, the services of an otherwise competent interpreter, the nature and effect of the waiver. (2) An individual who waives under paragraph (1) of this subsection the right to an interpreter may utilize the services of a noncertified interpreter of such individuals choice whose fees, expenses, and costs shall be paid in the manner provided for the payment of such fees, expenses, and costs of an interpreter appointed under subsection (d) of this section. (g) (1) There are authorized to be appropriated to the Federal judiciary, and to be paid by the Director of the Administrative Office of the United States Courts, such sums as may be necessary to establish a program to facilitate the use of certified and otherwise qualified interpreters, and otherwise fulfill the provisions of this section and the Judicial Improvements and Access to Justice Act, except as provided in paragraph (3). (2) Implementation of the provisions of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section. (3) Such salaries, fees, expenses, and costs that are incurred with respect to Government witnesses (including for grand jury proceedings) shall, unless direction is made under paragraph (4), be paid by the Attorney General from sums appropriated to the Department of Justice. (4) Upon the request of any person in any action for which interpreting services established pursuant to subsection (d) are not otherwise provided, the clerk of the court, or other court employee designated by the chief judge, upon the request of the presiding judicial officer, shall, where possible, make such services available to that person on a cost-reimbursable basis, but the judicial officer may also require the prepayment of the estimated expenses of providing such services. (5) If the Director of the Administrative Office of the United States Courts finds it necessary to develop and administer criterion-referenced performance examinations for purposes of certification, or other examinations for the selection of otherwise qualified interpreters, the Director may prescribe for each examination a uniform fee for applicants to take such examination. In determining the rate of the fee for each examination, the Director shall consider the fees charged by other organizations for examinations that are similar in scope or nature. Notwithstanding section 3302(b) of title 31 section 1931 of this title (6) Any moneys collected under this subsection may be used to reimburse the appropriations obligated and disbursed in payment for such services. (h) The presiding judicial officer shall approve the compensation and expenses payable to interpreters, pursuant to the schedule of fees prescribed by the Director under subsection (b)(3). (i) The term presiding judicial officer as used in this section refers to any judge of a United States district court, including a bankruptcy judge, a United States magistrate judge, and in the case of grand jury proceedings conducted under the auspices of the United States attorney, a United States attorney. (j) The term judicial proceedings instituted by the United States as used in this section refers to all proceedings, whether criminal or civil, including pretrial and grand jury proceedings (as well as proceedings upon a petition for a writ of habeas corpus initiated in the name of the United States by a relator) conducted in, or pursuant to the lawful authority and jurisdiction of a United States district court. The term United States district court as used in this subsection includes any court which is created by an Act of Congress in a territory and is invested with any jurisdiction of a district court established by chapter 5 of this title. (k) The interpretation provided by certified or otherwise qualified interpreters pursuant to this section shall be in the simultaneous mode for any party to a judicial proceeding instituted by the United States and in the consecutive mode for witnesses, except that the presiding judicial officer, sua sponte or on the motion of a party, may authorize a simultaneous, or consecutive interpretation when such officer determines after a hearing on the record that such interpretation will aid in the efficient administration of justice. The presiding judicial officer, on such officers motion or on the motion of a party, may order that special interpretation services as authorized in section 1828 of this title (l) Notwithstanding any other provision of this section or section 1828, the presiding judicial officer may appoint a certified or otherwise qualified sign language interpreter to provide services to a party, witness, or other participant in a judicial proceeding, whether or not the proceeding is instituted by the United States, if the presiding judicial officer determines, on such officers own motion or on the motion of a party or other participant in the proceeding, that such individual suffers from a hearing impairment. The presiding judicial officer shall, subject to the availability of appropriated funds, approve the compensation and expenses payable to sign language interpreters appointed under this section in accordance with the schedule of fees prescribed by the Director under subsection (b)(3) of this section. (Added Pub. L. 95539,  2(a) Oct. 28, 1978 92 Stat. 2040 Pub. L. 100702, title VII Nov. 19, 1988 102 Stat. 46544657 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 104317, title III,  306 Oct. 19, 1996 110 Stat. 3852  Editorial Notes  References in Text The date of the enactment of the Judicial Improvements and Access to Justice Act, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 100702 Nov. 19, 1988 The Judicial Improvements and Access to Justice Act, referred to in subsec. (g)(1), is Pub. L. 100702 Nov. 19, 1988 102 Stat. 4642 section 1 of this title The effective date of this paragraph, referred to in subsec. (g)(5), is the effective date of Pub. L. 104317 Oct. 19, 1996 Amendments 1996Subsec. (g)(5), (6). Pub. L. 104317,  402(a) Subsec. ( l Pub. L. 104317,  306 l 1988Subsec. (a). Pub. L. 100702,  702 Subsec. (b). Pub. L. 100702,  703 Subsec. (c). Pub. L. 100702,  704 Subsec. (d). Pub. L. 100702 Subsec. (e)(2). Pub. L. 100702,  710(b) Subsec. (g)(1) to (3). Pub. L. 100702,  706(a) (1) Except as otherwise provided in this subsection or section 1828 of this title (2) Such salaries, fees, expenses, and costs that are incurred with respect to Government witnesses shall, unless direction is made under paragraph (3) of this subsection, be paid by the Attorney General from sums appropriated to the Department of Justice. (3) The presiding judicial officer may in such officers discretion direct that all or part of such salaries, fees, expenses, and costs shall be apportioned between or among the parties or shall be taxed as costs in a civil action. Subsec. (g)(4), (5). Pub. L. 100702,  706(b) Subsec. (h). Pub. L. 100702,  707 Subsec. (i). Pub. L. 100702,  708 section 1828 of this title Subsec. (j). Pub. L. 100702,  708 section 1828 of this title section 132 of this title Subsec. (k). Pub. L. 100702,  709 section 1828 of this title Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge substituted for United States magistrate in subsec. (i) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date of 1988 Amendment Pub. L. 100702, title VII,  712 Nov. 19, 1988 102 Stat. 4657 This title [amending this section and enacting provisions set out as notes under this section and section 1 of this title Nov. 19, 1988 Effective Date Section effective ninety days after Oct. 28, 1978 section 10(b) of Pub. L. 95539 section 602 of this title Short Title For short title of Pub. L. 95539 section 1 of this title Payment for Contractual Services Pub. L. 104317, title IV,  402(b) Oct. 19, 1996 110 Stat. 3854 Notwithstanding sections 3302(b), 1341, and 1517 of title 31, United States Code, the Director of the Administrative Office of the United States Courts may include in any contract for the development or administration of examinations for interpreters (including such a contract entered into before the date of the enactment of this Act [ Oct. 19, 1996 section 1827(g)(5) of title 28 Impact on Existing Programs Pub. L. 100702, title VII,  711 Nov. 19, 1988 102 Stat. 4657 Nothing in this title [amending this section and enacting provisions set out as notes under this section and section 1 of this title  1828. Special interpretation services (a) The Director of the Administrative Office of the United States Courts shall establish a program for the provision of special interpretation services in criminal actions and in civil actions initiated by the United States (including petitions for writs of habeas corpus initiated in the name of the United States by relators) in a United States district court. The program shall provide a capacity for simultaneous interpretation services in multidefendant criminal actions and multidefendant civil actions. (b) Upon the request of any person in any action for which special interpretation services established pursuant to subsection (a) are not otherwise provided, the Director, with the approval of the presiding judicial officer, may make such services available to the person requesting the services on a reimbursable basis at rates established in conformity with section 9701 of title 31 (c) Except as otherwise provided in this subsection, the expenses incident to providing services under subsection (a) of this section shall be paid by the Director from sums appropriated to the Federal judiciary. A presiding judicial officer, in such officers discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in a civil action, and any moneys collected as a result of such order may be used to reimburse the appropriations obligated and disbursed in payment for such services. (d) Appropriations available to the Director shall be available to provide services in accordance with subsection (b) of this section, and moneys collected by the Director under that subsection may be used to reimburse the appropriations charged for such services. A presiding judicial officer, in such officers discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in the action. (Added Pub. L. 95539,  2(a) Oct. 28, 1978 92 Stat. 2042 Pub. L. 97258,  3(g) Sept. 13, 1982 96 Stat. 1065  Editorial Notes Amendments 1982Subsec. (b). Pub. L. 97258 section 9701 of title 31 section 501 of the Act of August 31, 1951 65 Stat. 290 31 U.S.C. 483a Statutory Notes and Related Subsidiaries Effective Date Section effective ninety days after Oct. 28, 1978 section 10(b) of Pub. L. 95539 section 602 of this title CHAPTER 121 JURIES; TRIAL BY JURY    Sec.  1861. Declaration of policy.  1862. Discrimination prohibited.  1863. Plan for random jury selection.  1864. Drawing of names from the master jury wheel; completion of juror qualification form.  1865. Qualifications for jury service.  1866. Selection and summoning of jury panels.  1867. Challenging compliance with selection procedures.  1868. Maintenance and inspection of records.  1869. Definitions.  1870. Challenges.  1871. Fees.  1872. Issues of fact in Supreme Court.  1873. Admiralty and maritime cases.  1874. Actions on bonds and specialties.  1875. Protection of jurors employment.  1876. Trial by jury in the Court of International Trade.  1877. Protection of jurors.  1878. Optional use of a one-step summoning and qualification procedure.  Editorial Notes Amendments 1992 Pub. L. 102572, title IV,  403(b) Oct. 29, 1992 106 Stat. 4512 1988 Pub. L. 100702, title VIII,  805(b) Nov. 19, 1988 102 Stat. 4659 1983 Pub. L. 97463,  3(2) Jan. 12, 1983 96 Stat. 2532 1980 Pub. L. 96417, title III,  302(b) Oct. 10, 1980 94 Stat. 1739 1978 Pub. L. 95572,  6(a)(2) Nov. 2, 1978 92 Stat. 2456 1968 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 53  1861. Declaration of policy  It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. ( June 25, 1948, ch. 646 62 Stat. 951 Pub. L. 85315, part V,  152 Sept. 9, 1957 71 Stat. 638 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 54  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  411 and 415 ( Mar. 3, 1911, ch. 231 38 Stat. 1164 The revised section prescribes uniform standards of qualification for jurors in Federal Courts instead of making qualifications depend upon State laws. This is in accord with proposed legislation recommended by the Judicial Conference of the United States. The last paragraph is added to exclude jurors incompetent to serve as jurors in State courts. Editorial Notes Amendments 1968 Pub. L. 90274 1957 Pub. L. 85315 Pub. L. 85315 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90274,  104 Mar. 27, 1968 82 Stat. 63 This Act [amending this section and sections 1821, 1862 to 1869, and 1871 of this title, repealing section 867 of Title 48 Mar. 27, 1968 Provided Short Title of 1978 Amendment Pub. L. 95572,  1 Nov. 2, 1978 92 Stat. 2453 This Act [enacting sections 1363 and 1875 of this title, amending sections 1863, 1865, 1866, 1869, and 1871 of this title, renumbering section 1363 (relating to construction of references to laws of the United States or Acts of Congress) as section 1364 of this title section 1363 of this title Short Title Pub. L. 90274,  1 Mar. 27, 1968 82 Stat. 53 That this Act [amending this section and sections 1821, 1862 to 1869, and 1871 of this title, repealing section 867 of Title 48  1862. Discrimination prohibited  No citizen shall be excluded from service as a grand or petit juror in the district courts of the United States or in the Court of International Trade on account of race, color, religion, sex, national origin, or economic status. ( June 25, 1948, ch. 646 62 Stat. 952 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 54 Pub. L. 96417, title III,  302(c) Oct. 10, 1980 94 Stat. 1739  Historical and Revision Notes This section makes provision for specific exemption of classes of citizens usually excused from jury service in the interest of the public health, safety, or welfare. The inclusion in the jury list of persons so exempted usually serves only to waste the time of the court. Editorial Notes Amendments 1980 Pub. L. 96417 1968 Pub. L. 90274 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title  1863. Plan for random jury selection (a) Each United States district court shall devise and place into operation a written plan for random selection of grand and petit jurors that shall be designed to achieve the objectives of sections 1861 and 1862 of this title, and that shall otherwise comply with the provisions of this title. The plan shall be placed into operation after approval by a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district whose plan is being reviewed or such other active district judge of that district as the chief judge of the district may designate. The panel shall examine the plan to ascertain that it complies with the provisions of this title. If the reviewing panel finds that the plan does not comply, the panel shall state the particulars in which the plan fails to comply and direct the district court to present within a reasonable time an alternative plan remedying the defect or defects. Separate plans may be adopted for each division or combination of divisions within a judicial district. The district court may modify a plan at any time and it shall modify the plan when so directed by the reviewing panel. The district court shall promptly notify the panel, the Administrative Office of the United States Courts, and the Attorney General of the United States, of the initial adoption and future modifications of the plan by filing copies therewith. Modifications of the plan made at the instance of the district court shall become effective after approval by the panel. Each district court shall submit a report on the jury selection process within its jurisdiction to the Administrative Office of the United States Courts in such form and at such times as the Judicial Conference of the United States may specify. The Judicial Conference of the United States may, from time to time, adopt rules and regulations governing the provisions and the operation of the plans formulated under this title. (b) Among other things, such plan shall (1) either establish a jury commission, or authorize the clerk of the court, to manage the jury selection process. If the plan establishes a jury commission, the district court shall appoint one citizen to serve with the clerk of the court as the jury commission: Provided, however (2) specify whether the names of prospective jurors shall be selected from the voter registration lists or the lists of actual voters of the political subdivisions within the district or division. The plan shall prescribe some other source or sources of names in addition to voter lists where necessary to foster the policy and protect the rights secured by sections 1861 and 1862 of this title. The plan for the District of Columbia may require the names of prospective jurors to be selected from the city directory rather than from voter lists. The plans for the districts of Puerto Rico and the Canal Zone may prescribe some other source or sources of names of prospective jurors in lieu of voter lists, the use of which shall be consistent with the policies declared and rights secured by sections 1861 and 1862 of this title. The plan for the district of Massachusetts may require the names of prospective jurors to be selected from the resident list provided for in chapter 234A, Massachusetts General Laws, or comparable authority, rather than from voter lists. (3) specify detailed procedures to be followed by the jury commission or clerk in selecting names from the sources specified in paragraph (2) of this subsection. These procedures shall be designed to ensure the random selection of a fair cross section of the persons residing in the community in the district or division wherein the court convenes. They shall ensure that names of persons residing in each of the counties, parishes, or similar political subdivisions within the judicial district or division are placed in a master jury wheel; and shall ensure that each county, parish, or similar political subdivision within the district or division is substantially proportionally represented in the master jury wheel for that judicial district, division, or combination of divisions. For the purposes of determining proportional representation in the master jury wheel, either the number of actual voters at the last general election in each county, parish, or similar political subdivision, or the number of registered voters if registration of voters is uniformly required throughout the district or division, may be used. (4) provide for a master jury wheel (or a device similar in purpose and function) into which the names of those randomly selected shall be placed. The plan shall fix a minimum number of names to be placed initially in the master jury wheel, which shall be at least one-half of 1 per centum of the total number of persons on the lists used as a source of names for the district or division; but if this number of names is believed to be cumbersome and unnecessary, the plan may fix a smaller number of names to be placed in the master wheel, but in no event less than one thousand. The chief judge of the district court, or such other district court judge as the plan may provide, may order additional names to be placed in the master jury wheel from time to time as necessary. The plan shall provide for periodic emptying and refilling of the master jury wheel at specified times, the interval for which shall not exceed four years. (5) (A) except as provided in subparagraph (B), specify those groups of persons or occupational classes whose members shall, on individual request therefor, be excused from jury service. Such groups or classes shall be excused only if the district court finds, and the plan states, that jury service by such class or group would entail undue hardship or extreme inconvenience to the members thereof, and excuse of members thereof would not be inconsistent with sections 1861 and 1862 of this title. (B) specify that volunteer safety personnel, upon individual request, shall be excused from jury service. For purposes of this subparagraph, the term volunteer safety personnel means individuals serving a public agency (as defined in section 1203(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 1 1 (6) specify that the following persons are barred from jury service on the ground that they are exempt: (A) members in active service in the Armed Forces of the United States; (B) members of the fire or police departments of any State, the District of Columbia, any territory or possession of the United States, or any subdivision of a State, the District of Columbia, or such territory or possession; (C) public officers in the executive, legislative, or judicial branches of the Government of the United States, or of any State, the District of Columbia, any territory or possession of the United States, or any subdivision of a State, the District of Columbia, or such territory or possession, who are actively engaged in the performance of official duties. (7) fix the time when the names drawn from the qualified jury wheel shall be disclosed to parties and to the public. If the plan permits these names to be made public, it may nevertheless permit the chief judge of the district court, or such other district court judge as the plan may provide, to keep these names confidential in any case where the interests of justice so require. (8) specify the procedures to be followed by the clerk or jury commission in assigning persons whose names have been drawn from the qualified jury wheel to grand and petit jury panels. (c) The initial plan shall be devised by each district court and transmitted to the reviewing panel specified in subsection (a) of this section within one hundred and twenty days of the date of enactment of the Jury Selection and Service Act of 1968. The panel shall approve or direct the modification of each plan so submitted within sixty days thereafter. Each plan or modification made at the direction of the panel shall become effective after approval at such time thereafter as the panel directs, in no event to exceed ninety days from the date of approval. Modifications made at the instance of the district court under subsection (a) of this section shall be effective at such time thereafter as the panel directs, in no event to exceed ninety days from the date of modification. (d) State, local, and Federal officials having custody, possession, or control of voter registration lists, lists of actual voters, or other appropriate records shall make such lists and records available to the jury commission or clerks for inspection, reproduction, and copying at all reasonable times as the commission or clerk may deem necessary and proper for the performance of duties under this title. The district courts shall have jurisdiction upon application by the Attorney General of the United States to compel compliance with this subsection by appropriate process. ( June 25, 1948, ch. 646 62 Stat. 952 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 54 Pub. L. 92269,  2 Apr. 6, 1972 86 Stat. 117 Pub. L. 95572,  2(a) Nov. 2, 1978 92 Stat. 2453 Pub. L. 100702, title VIII,  802(b) Nov. 19, 1988 102 Stat. 4657 Pub. L. 102572, title IV,  401 Oct. 29, 1992 106 Stat. 4511  Historical and Revision Notes Based on title 28, U.S.C., 1940, ed.,  415 ( Mar. 3, 1911, ch. 231,  278 36 Stat. 1165 Subsections (a) and (b) are new and merely declaratory of existing practice. The phrase or previous condition of servitude was omitted as obsolete. Changes were made in phraseology. Editorial Notes  References in Text Section 1203(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(5)(B), was successively renumbered and redesignated as section 1204(8) of the Act, which is classified to section 10284(8) of Title 34 The date of enactment of the Jury Selection and Service Act of 1968, referred to in subsec. (c), is the date of enactment of Pub. L. 90274 Mar. 27, 1968 Amendments 1992Subsec. (b)(2). Pub. L. 102572 1988Subsec. (b)(5). Pub. L. 100702,  802(b) Subsec. (b)(6). Pub. L. 100702,  802(b) 1978Subsec. (b)(7) to (9). Pub. L. 95572 section 1869(j) of this title 1972Subsec. (b)(4). Pub. L. 92269 1968Subsec. (a). Pub. L. 90274 Subsec. (b). Pub. L. 90274 Subsec. (c). Pub. L. 90274 Subsec. (d). Pub. L. 90274 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1978 Amendment Amendment by Pub. L. 95572 Nov. 2, 1978 section 7(a) of Pub. L. 95572 section 1363 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title Refilling of Master Jury Wheel Not Later Than September 1, 1973 October 1, 1973 Pub. L. 92269 Apr. 6, 1972 86 Stat. 117 Sept. 1, 1973  1864. Drawing of names from the master jury wheel; completion of juror qualification form (a) From time to time as directed by the district court, the clerk or a district judge shall draw at random from the master jury wheel the names of as many persons as may be required for jury service. The clerk or jury commission shall post a general notice for public review in the clerks office and on the courts website explaining the process by which names are periodically and randomly drawn. The clerk or jury commission may, upon order of the court, prepare an alphabetical list of the names drawn from the master jury wheel. Any list so prepared shall not be disclosed to any person except pursuant to the district court plan or pursuant to section 1867 or 1868 of this title. The clerk or jury commission shall mail to every person whose name is drawn from the master wheel a juror qualification form accompanied by instructions to fill out and return the form, duly signed and sworn, to the clerk or jury commission by mail within ten days. If the person is unable to fill out the form, another shall do it for him, and shall indicate that he has done so and the reason therefor. In any case in which it appears that there is an omission, ambiguity, or error in a form, the clerk or jury commission shall return the form with instructions to the person to make such additions or corrections as may be necessary and to return the form to the clerk or jury commission within ten days. Any person who fails to return a completed juror qualification form as instructed may be summoned by the clerk or jury commission forthwith to appear before the clerk or jury commission to fill out a juror qualification form. A person summoned to appear because of failure to return a juror qualification form as instructed who personally appears and executes a juror qualification form before the clerk or jury commission may, at the discretion of the district court, except where his prior failure to execute and mail such form was willful, be entitled to receive for such appearance the same fees and travel allowances paid to jurors under section 1871 of this title (b) Any person summoned pursuant to subsection (a) of this section who fails to appear as directed shall be ordered by the district court forthwith to appear and show cause for his failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance with the summons may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof. Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof. ( June 25, 1948, ch. 646 62 Stat. 952 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 57 Pub. L. 100702, title VIII,  803(a) Nov. 19, 1988 102 Stat. 4658 Pub. L. 110406 Oct. 13, 2008 122 Stat. 4292  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  412, 412a ( Mar. 3, 1911, ch. 231,  276 36 Stat. 1164 Feb. 3, 1917, ch. 27 39 Stat. 873 May 21, 1945, ch. 129 59 Stat. 198 July 5, 1946, ch. 541 60 Stat. 478 The words The district court were substituted for the phrase the judge thereof, or by the judge senior in commission in districts having more than one judge to conform to other sections authorizing appointment of court officers. See section 751 of this title The limitation in section 412a of title 28 The last paragraph was added in conformity with section 111401 of the District of Columbia Code, 1940 ed., providing for three jury commissioners. Changes were made in phraseology. Senate Revision Amendment As finally enacted, act July 9, 1947, ch. 211, title IV 61 Stat. 304 Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110406,  5(a) Subsec. (b). Pub. L. 110406,  17(a) 1988Subsec. (a). Pub. L. 100702 1968 Pub. L. 90274 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title  1865. Qualifications for jury service (a) The chief judge of the district court, or such other district court judge as the plan may provide, on his initiative or upon recommendation of the clerk or jury commission, or the clerk under supervision of the court if the courts jury selection plan so authorizes, shall determine solely on the basis of information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. The clerk shall enter such determination in the space provided on the juror qualification form and in any alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summons, such fact shall be noted on said list. (b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, or the clerk if the courts jury selection plan so provides, shall deem any person qualified to serve on grand and petit juries in the district court unless he (1) is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district; (2) is unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form; (3) is unable to speak the English language; (4) is incapable, by reason of mental or physical infirmity, to render satisfactory jury service; or (5) has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored. ( June 25, 1948, ch. 646 62 Stat. 952 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 58 Pub. L. 92269,  1 Apr. 6, 1972 86 Stat. 117 Pub. L. 95572,  3(a) Nov. 2, 1978 92 Stat. 2453 Pub. L. 100702, title VIII,  803(b) Nov. 19, 1988 102 Stat. 4658 Pub. L. 106518, title III,  305 Nov. 13, 2000 114 Stat. 2418  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  181, 413 ( Mar. 3, 1911, ch. 231 36 Stat. 1121 Section consolidates a part of section 181 with section 413 of title 28 section 115 of this title Word jurors was changed to grand and petit jurors upon authority of Agnew v. United States The last sentence of subsection (a) was added to conform with existing practice in many districts. Subsection (b) extends to all districts a provision of section 181 of title 28 Changes were made in phraseology. Editorial Notes Amendments 2000Subsec. (a). Pub. L. 106518,  305(1) Subsec. (b). Pub. L. 106518,  305(2) 1988Subsec. (a). Pub. L. 100702 1978Subsec. (b)(5). Pub. L. 95572 1972Subsec. (b)(1). Pub. L. 92269 1968Subsec. (a). Pub. L. 90274 Subsec. (b). Pub. L. 90274 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95572 Nov. 2, 1978 section 7(a) of Pub. L. 95572 section 1363 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title  1866. Selection and summoning of jury panels (a) The jury commission, or in the absence thereof the clerk, shall maintain a qualified jury wheel and shall place in such wheel names of all persons drawn from the master jury wheel who are determined to be qualified as jurors and not exempt or excused pursuant to the district court plan. From time to time, the jury commission or the clerk shall draw at random from the qualified jury wheel such number of names of persons as may be required for assignment to grand and petit jury panels. The clerk or jury commission shall post a general notice for public review in the clerks office and on the courts website explaining the process by which names are periodically and randomly drawn. The jury commission or the clerk shall prepare a separate list of names of persons assigned to each grand and petit jury panel. (b) When the court orders a grand or petit jury to be drawn, the clerk or jury commission or their duly designated deputies shall issue summonses for the required number of jurors. Each person drawn for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address. If such service is made personally, the summons shall be delivered by the clerk or the jury commission or their duly designated deputies to the marshal who shall make such service. If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons. (c) Except as provided in section 1865 of this title section 1863(b) of this title Provided (d) Whenever a person is disqualified, excused, exempt, or excluded from jury service, the jury commission or clerk shall note in the space provided on his juror qualification form or on the jurors card drawn from the qualified jury wheel the specific reason therefor. (e) In any two-year period, no person shall be required to (1) serve or attend court for prospective service as a petit juror for a total of more than thirty days, except when necessary to complete service in a particular case, or (2) serve on more than one grand jury, or (3) serve as both a grand and petit juror. (f) When there is an unanticipated shortage of available petit jurors drawn from the qualified jury wheel, the court may require the marshal to summon a sufficient number of petit jurors selected at random from the voter registration lists, lists of actual voters, or other lists specified in the plan, in a manner ordered by the court consistent with sections 1861 and 1862 of this title. (g) Any person summoned for jury service who fails to appear as directed may be ordered by the district court to appear forthwith and show cause for failure to comply with the summons. Any person who fails to show good cause for noncompliance with a summons may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof. ( June 25, 1948, ch. 646 62 Stat. 952 May 24, 1949, ch. 179,  96 63 Stat. 103 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 58 Pub. L. 91543 Dec. 11, 1970 84 Stat. 1408 Pub. L. 95572,  2(b) Nov. 2, 1978 92 Stat. 2453 Pub. L. 97463,  2 Jan. 12, 1983 96 Stat. 2531 Pub. L. 100702, title VIII,  801 Nov. 19, 1988 102 Stat. 4657 Pub. L. 110406 Oct. 13, 2008 122 Stat. 4292  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  417, 418 ( Mar. 3, 1911, ch. 231 36 Stat. 1165 Section consolidates parts of sections 417, 418 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. The requirement of section 418 of title 28 1949 Act This section amends section 1866 of title 28 Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110406,  5(b) Subsec. (g). Pub. L. 110406,  17(b) Pub. L. 110406,  4 1988Subsec. (c)(1). Pub. L. 100702 1983Subsec. (b). Pub. L. 97463,  2 1978Subsec. (c). Pub. L. 95572 section 1863(b) of this title 1970Subsec. (b). Pub. L. 91543 1968Subsec. (a). Pub. L. 90274 Subsec. (b). Pub. L. 90274 Subsecs. (c) to (g). Pub. L. 90274 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95572 Nov. 2, 1978 section 7(a) of Pub. L. 95572 section 1363 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title  1867. Challenging compliance with selection procedures (a) In criminal cases, before the voir dire examination begins, or within seven days after the defendant discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit jury. (b) In criminal cases, before the voir dire examination begins, or within seven days after the Attorney General of the United States discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, the Attorney General may move to dismiss the indictment or stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit jury. (c) In civil cases, before the voir dire examination begins, or within seven days after the party discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, any party may move to stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the petit jury. (d) Upon motion filed under subsection (a), (b), or (c) of this section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this title, the moving party shall be entitled to present in support of such motion the testimony of the jury commission or clerk, if available, any relevant records and papers not public or otherwise available used by the jury commissioner or clerk, and any other relevant evidence. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictment, whichever is appropriate. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the petit jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title. (e) The procedures prescribed by this section shall be the exclusive means by which a person accused of a Federal crime, the Attorney General of the United States or a party in a civil case may challenge any jury on the ground that such jury was not selected in conformity with the provisions of this title. Nothing in this section shall preclude any person or the United States from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin or economic status in the selection of persons for service on grand or petit juries. (f) The contents of records or papers used by the jury commission or clerk in connection with the jury selection process shall not be disclosed, except pursuant to the district court plan or as may be necessary in the preparation or presentation of a motion under subsection (a), (b), or (c) of this section, until after the master jury wheel has been emptied and refilled pursuant to section 1863(b)(4) of this title ( June 25, 1948, ch. 646 62 Stat. 953 Pub. L. 85259 Sept. 2, 1957 71 Stat. 583 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 59  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  416 ( Mar. 3, 1911, ch. 231,  279 36 Stat. 1165 Jan. 31, 1929, ch. 126 45 Stat. 1145 Provisions for service by a disinterested person when marshal or his deputy is disqualified is incorporated in section 1868 of this title Provision for payment and reimbursement of postage and registry fee were omitted as covered by section 560 of this title Word summons was substituted for writ of venire facias in harmony with the Federal Rules of Civil Procedure which abolished unnecessary forms. See Rule 81(b) thereof, and Rule 12 of the Federal Rules of Criminal Procedure. Provision of section 416 of title 28 Provision for attachment to the return of the addressees receipt for the summons, was inserted to cover its disposition. Provision that no mileage shall be allowed for service by mail was omitted as unnecessary. Changes were made in phraseology. Editorial Notes Amendments 1968 Pub. L. 90274 1957 Pub. L. 85259 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title  1868. Maintenance and inspection of records  After the master jury wheel is emptied and refilled pursuant to section 1863(b)(4) of this title ( June 25, 1948, ch. 646 62 Stat. 953 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 60  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  416, 417 ( Mar. 3, 1911, ch. 231 36 Stat. 1165 Jan. 31, 1929, ch. 126 45 Stat. 1145 Section consolidates parts of sections 416, 417 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. The remaining portion of section 416 of title 28 section 1867 of this title The remainder of section 417 of title 28 section 1866 of this title Words, in the opinion of the court, disqualified were substituted for not an indifferent person, or is interested in the event of the cause. Editorial Notes Amendments 1968 Pub. L. 90274 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title  1869. Definitions 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 (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 individuals 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. 88139,  2 Oct. 16, 1963 77 Stat. 248 Pub. L. 90274,  101 Mar. 27, 1968 82 Stat. 61 Pub. L. 91358, title I,  172(b) July 29, 1970 84 Stat. 590 Pub. L. 92437,  1 Sept. 29, 1972 86 Stat. 740 Pub. L. 95572 Nov. 2, 1978 92 Stat. 2453 Pub. L. 95598, title II,  243 Nov. 6, 1978 92 Stat. 2671 Pub. L. 99650,  3 Nov. 14, 1986 100 Stat. 3641 Pub. L. 100702, title VIII Nov. 19, 1988 102 Stat. 4657 Pub. L. 110406,  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 Editorial Notes  References in Text The Voting Rights Act of 1965, referred to in subsec. (c), is Pub. L. 89110 Aug. 6, 1965 79 Stat. 437 Amendments 2008Subsecs. (j) to ( l Pub. L. 110406 l 1988Subsec. (a). Pub. L. 100702,  802(a) Subsec. (f). Pub. L. 100702,  804 64 Stat. 389 48 U.S.C. 1424 68 Stat. 506 48 U.S.C. 1611 section 1 of title 3 1986Subsec. (f). Pub. L. 99650 1978Subsec. (f). Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 Subsec. (h). Pub. L. 95572,  3(b) Subsecs. (j) to ( l Pub. L. 95572,  4 l 1972Subsec. (h). Pub. L. 92437 1970Subsec. (f). Pub. L. 91358 1968 Pub. L. 90274 1963 Pub. L. 88139 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99650,  4(a) Nov. 14, 1986 100 Stat. 3641 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. 95572 Nov. 2, 1978 section 7(a) of Pub. L. 95572 section 1363 of this title Effective Date of 1972 Amendment Pub. L. 92437,  2 Sept. 29, 1972 86 Stat. 741 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. 91358 July 29, 1970 section 199(a) of Pub. L. 91358 section 1257 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 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 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493  1870. Challenges  In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court. ( June 25, 1948, ch. 646 62 Stat. 953 Pub. L. 86282 Sept. 16, 1959 73 Stat. 565  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  424 ( Mar. 3, 1911, ch. 231,  287 36 Stat. 1166 Provisions of section 424 of title 28 The last sentence of the first paragraph was added to permit the same flexibility in the matter of challenges in civil cases as is permitted in criminal cases by said Rule 24. Words without aid of triers at end of section 424 of title 28 Changes were made in phraseology. Editorial Notes Amendments 1959 Pub. L. 86282  1871. Fees (a) Grand and petit jurors in district courts appearing pursuant to this chapter shall be paid the fees and allowances provided by this section. The requisite fees and allowances shall be disbursed on the certificate of the clerk of court in accordance with the procedure established by the Director of the Administrative Office of the United States Courts. Attendance fees for extended service under subsection (b) of this section shall be certified by the clerk only upon the order of a district judge. (b) (1) A juror shall be paid an attendance fee of $50 per day for actual attendance at the place of trial or hearing. A juror shall also be paid the attendance fee for the time necessarily occupied in going to and returning from such place at the beginning and end of such service or at any time during such service. (2) A petit juror required to attend more than ten days in hearing one case may be paid, in the discretion of the trial judge, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of ten days on which he is required to hear such case. (3) A grand juror required to attend more than forty-five days of actual service may be paid, in the discretion of the district judge in charge of the particular grand jury, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of forty-five days of actual service. (4) A grand or petit juror required to attend more than ten days of actual service may be paid, in the discretion of the judge, the appropriate fees at the end of the first ten days and at the end of every ten days of service thereafter. (5) Certification of additional attendance fees may be ordered by the judge to be made effective commencing on the first day of extended service, without reference to the date of such certification. (c) (1) A travel allowance not to exceed the maximum rate per mile that the Director of the Administrative Office of the United States Courts has prescribed pursuant to section 604(a)(7) of this title (2) The Director shall promulgate rules regulating interim travel allowances to jurors. Distances traveled to and from court should coincide with the shortest practical route. (3) Toll charges for toll roads, bridges, tunnels, and ferries shall be paid in full to the juror incurring such charges. In the discretion of the court, reasonable parking fees may be paid to the juror incurring such fees upon presentation of a valid parking receipt. Parking fees shall not be included in any tabulation of mileage cost allowances. (4) Any juror who travels to district court pursuant to summons in an area outside of the contiguous forty-eight States of the United States shall be paid the travel expenses provided under this section, or actual reasonable transportation expenses subject to the discretion of the district judge or clerk of court as circumstances indicate, exercising due regard for the mode of transportation, the availability of alternative modes, and the shortest practical route between residence and court. (5) A grand juror who travels to district court pursuant to a summons may be paid the travel expenses provided under this section or, under guidelines established by the Judicial Conference, the actual reasonable costs of travel by aircraft when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. (d) (1) A subsistence allowance covering meals and lodging of jurors shall be established from time to time by the Director of the Administrative Office of the United States Courts pursuant to section 604(a)(7) of this title (2) A subsistence allowance shall be paid to a juror when an overnight stay is required at the place of holding court, and for the time necessarily spent in traveling to and from the place of attendance if an overnight stay is required. (3) A subsistence allowance for jurors serving in district courts outside of the contiguous forty-eight States of the United States shall be allowed at a rate not to exceed that per diem allowance which is paid to supporting court personnel in travel status in those areas where the Director of the Administrative Office of the United States Courts has prescribed an increased per diem fee pursuant to section 604(a)(7) of this title (e) During any period in which a jury is ordered to be kept together and not to separate, the actual cost of subsistence shall be paid upon the order of the court in lieu of the subsistence allowances payable under subsection (d) of this section. Such allowance for the jurors ordered to be kept separate or sequestered shall include the cost of meals, lodging, and other expenditures ordered in the discretion of the court for their convenience and comfort. (f) A juror who must necessarily use public transportation in traveling to and from court, the full cost of which is not met by the transportation expenses allowable under subsection (c) of this section on account of the short distance traveled in miles, may be paid, in the discretion of the court, the actual reasonable expense of such public transportation, pursuant to the methods of payment provided by this section. Jurors who are required to remain at the court beyond the normal business closing hour for deliberation or for any other reason may be transported to their homes, or to temporary lodgings where such lodgings are ordered by the court, in a manner directed by the clerk and paid from funds authorized under this section. (g) The Director of the Administrative Office of the United States Courts shall promulgate such regulations as may be necessary to carry out his authority under this section. ( June 25, 1948, ch. 646 62 Stat. 953 May 24, 1949, ch. 139,  97 63 Stat. 103 July 14, 1949, ch. 333 63 Stat. 411 Pub. L. 85299 Sept. 7, 1957 71 Stat. 618 Pub. L. 89165 Sept. 2, 1965 79 Stat. 645 Pub. L. 90274,  102(a) Mar. 27, 1968 82 Stat. 62 Pub. L. 95572,  5 Nov. 2, 1978 92 Stat. 2454 Pub. L. 101650, title III,  314(b) Dec. 1, 1990 104 Stat. 5115 Pub. L. 102572, title IV,  402 Oct. 29, 1992 106 Stat. 4511 Pub. L. 110406,  3(a) Oct. 13, 2008 122 Stat. 4292 Pub. L. 115141, div. E, title III,  307(a) Mar. 23, 2018 132 Stat. 556  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  600, 600a, 600b, 608, and sections 111512 and 111513 of the D.C. Code, 1940 ed., (R.S.  236, 323; Apr. 26, 1926, ch. 183 44 Stat. 323 May 17, 1932, ch. 190 47 Stat. 158 Oct. 13, 1941, ch. 431,  2 55 Stat. 736 Section consolidates section 600 of title 28 section 608 of title 28 section 1825 of this title Words place of service were substituted for references to attendance at court, in view of the earlier reference to service before commissioners. The Advisory Committee to the House Committee on Revision of the Laws in revision of this title, recommends a careful study of the compensation of witnesses and jurors. Furthermore, provision should be made for the subsistence of jurors and witnesses serving at such distance from their homes as precludes daily travel to and from the court. Changes were made in phraseology. 1949 Act This section incorporates in section 1871 of title 28 June 25, 1948 62 Stat. 1016 Editorial Notes Amendments 2018Subsec. (b)(1). Pub. L. 115141 2008Subsec. (b)(2). Pub. L. 110406 1992Subsec. (c)(5). Pub. L. 102572 1990Subsec. (b). Pub. L. 101650 1978Subsecs. (a) to (g). Pub. L. 95572 section 1869(f) of this title 1968 Pub. L. 90274 1965 Pub. L. 89165 1957 Pub. L. 85299 1949Act July 14, 1949 Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Pub. L. 115141, div. E, title III,  307(b) Mar. 23, 2018 132 Stat. 556 The amendment made in subsection (a) [amending this section] shall take effect 45 days after the date of enactment of this Act [ Mar. 23, 2018 Effective Date of 2008 Amendment Pub. L. 110406,  3(b) Oct. 13, 2008 122 Stat. 4292 The amendments made by this section [amending this section] shall take effect on October 1, 2009 Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1978 Amendment Amendment by Pub. L. 95572 Nov. 2, 1978 section 7(b) of Pub. L. 95572 section 1363 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90274 Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of this title Refreshment of Jurors Pub. L. 101162, title IV Nov. 21, 1989 103 Stat. 1012 That for fiscal year 1990 and hereafter, funds appropriated under this heading [ Courts of Appeals, District Courts and Other Judicial Services fees of jurors and commissioners  1872. Issues of fact in Supreme Court  In all original actions at law in the Supreme Court against citizens of the United States, issues of fact shall be tried by a jury. ( June 25, 1948, ch. 646 62 Stat. 953  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  343 ( Mar. 3, 1911, ch. 231,  235 36 Stat. 1156 Changes were made in phraseology.  1873. Admiralty and maritime cases  In any case of admiralty and maritime jurisdiction relating to any matter of contract or tort arising upon or concerning any vessel of twenty tons or upward, enrolled and licensed for the coasting trade, and employed in the business of commerce and navigation between places in different states upon the lakes and navigable waters connecting said lakes, the trial of all issues of fact shall be by jury if either party demands it. ( June 25, 1948, ch. 646 62 Stat. 953  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  770 (R.S.  566, 648; Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Words and Territories following words in different States were omitted as obsolete. The act of February 26, 1845, ch. 20 5 Stat. 726 The first sentence of section 770 of title 28 Changes were made in phraseology.  1874. Actions on bonds and specialties  In all actions to recover the forfeiture annexed to any articles of agreement, covenant, bond, or other specialty, wherein the forfeiture, breach, or nonperformance appears by default or confession of the defendant, the court shall render judgment for the plaintiff for such amount as is due. If the sum is uncertain, it shall, upon request of either party, be assessed by a jury. ( June 25, 1948, ch. 646 62 Stat. 953  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  785 (R.S.  961). Word actions was substituted for all suits brought, in view of Rule 2 of the Federal Rules of Civil Procedure. For the same reason, words according to equity, after to recover so much as is due, were omitted. Words or upon demurrer, after default or confession of the defendant, were omitted in view of Federal Rules of Civil Procedure, Rule 7(c), abolishing demurrers. Changes were made in phraseology.  1875. Protection of jurors employment (a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employees jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States. (b) Any employer who violates the provisions of this section (1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation; (2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and (3) shall be subject to a civil penalty of not more than $5,000 for each violation as to each employee, and may be ordered to perform community service. (c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service. (d) (1) An individual claiming that his employer has violated the provisions of this section may make application to the district court for the district in which such employer maintains a place of business and the court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the district court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid to the extent provided by section 3006A of title 18 (2) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorneys fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorneys fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith. (Added Pub. L. 95572,  6(a)(1) Nov. 2, 1978 92 Stat. 2456 Pub. L. 97463,  1 Jan. 12, 1983 96 Stat. 2531 Pub. L. 110406,  19 Oct. 13, 2008 122 Stat. 4295  Editorial Notes Amendments 2008Subsec. (b)(3). Pub. L. 110406 1983Subsec. (d)(1). Pub. L. 97463,  1(1) Subsec. (d)(2). Pub. L. 97463,  1(2) Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to any grand or petit juror summoned for service or actually serving on or after Nov. 2, 1978 section 7(a) of Pub. L. 95572 section 1363 of this title  1876. Trial by jury in the Court of International Trade (a) In any civil action in the Court of International Trade which is to be tried before a jury, the jury shall be selected in accordance with the provisions of this chapter and under the procedures set forth in the jury selection plan of the district court for the judicial district in which the case is to be tried. (b) Whenever the Court of International Trade conducts a jury trial (1) the clerk of the district court for the judicial district in which the Court of International Trade is sitting, or an authorized deputy clerk, shall act as clerk of the Court of International Trade for the purposes of selecting and summoning the jury; (2) the qualifications for jurors shall be the same as those established by section 1865(b) of this title (3) each party shall be entitled to challenge jurors in accordance with section 1870 of this title (4) jurors shall be compensated in accordance with section 1871 of this title (Added Pub. L. 96417, title III,  302(a) Oct. 10, 1980 94 Stat. 1739  Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(C) of Pub. L. 96417 section 251 of this title  1877. Protection of jurors (a) Subject to the provisions of this section and title 5 of the United States Code, subchapter 1 of chapter 81, title 5, United States Code, applies to a Federal grand or petit juror, except that entitlement to disability compensation payments does not commence until the day after the date of termination of service as a juror. (b) In administering this section with respect to a juror covered by this section (1) a juror is deemed to receive monthly pay at the minimum rate for grade GS2 of the General Schedule unless his actual pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with section 8114 of title 5 (2) performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in deliberation, (C) sequestered by order of a judge, or (D) at a site, by order of the court, for the taking of a view. (Added Pub. L. 97463,  3(1) Jan. 12, 1983 96 Stat. 2531  Editorial Notes  References in Text The General Schedule, referred to in subsec. (b)(1), is set out under section 5332 of Title 5  1878. Optional use of a one-step summoning and qualification procedure (a) At the option of each district court, jurors may be summoned and qualified in a single procedure, if the courts jury selection plan so authorizes, in lieu of the two separate procedures otherwise provided for by this chapter. Courts shall ensure that a one-step summoning and qualification procedure conducted under this section does not violate the policies and objectives set forth in sections 1861 and 1862 of this title. (b) Jury selection conducted under this section shall be subject to challenge under section 1867 of this title section 1867 of this title (Added Pub. L. 100702, title VIII,  805(a) Nov. 19, 1988 102 Stat. 4658 Pub. L. 102572, title IV,  403(a) Oct. 29, 1992 106 Stat. 4512  Editorial Notes Amendments 1992 Pub. L. 102572 (a) The Judicial Conference of the United States is hereby authorized to develop and conduct an experiment in which jurors serving in a limited number of United States district courts shall be qualified and summoned in a single procedure, in lieu of the two separate procedures otherwise provided for by this chapter. The Judicial Conference shall designate the district courts to participate in this experiment, but in no event shall the number of courts participating exceed ten. An experiment may be conducted pursuant to this section for a period not to exceed 2 years. The Judicial Conference shall ensure that an experiment conducted pursuant to this section does not violate the policies and objectives set forth in sections 1861 and 1862 of this title, and shall terminate the experiment immediately if it determines that these policies and objectives are being violated or whenever in its judgment good cause for such termination exists. (b) Jury selection conducted pursuant to this section shall be subject to challenge under section 1867 of this title section 1867 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Savings Provision Pub. L. 102572, title IV,  403(c) Oct. 29, 1972 106 Stat. 4512 For courts participating in the experiment authorized under section 1878 of title 28 Jan. 1, 1993 January 1, 1992 CHAPTER 123 FEES AND COSTS    Sec.  1911. Supreme Court.  1912. Damages and costs on affirmance.  1913. Courts of appeals.  1914. District court; filing and miscellaneous fees; rules of court.  1915. Proceedings in forma pauperis.  1915A. Screening.  1916. Seamens suits.  1917. District courts; fee on filing notice of or petition for appeal.  1918. District courts; fines, forfeitures and criminal proceedings.  1919. Dismissal for lack of jurisdiction.  1920. Taxation of costs.  1921. United States marshals fees.  1922. Witness fees before United States magistrate judges.  1923. Docket fees and costs of briefs.  1924. Verification of bill of costs.  1925. Admiralty and maritime cases.  1926. Court of Federal Claims.  1927. Counsels liability for excessive costs.  1928. Patent infringement action; disclaimer not filed.  1929. Extraordinary expenses not expressly authorized.  1930. Bankruptcy fees.  1931. Disposition of filing fees.  1932. 1 1 Judicial Panel on Multidistrict Litigation.  1932. 1 Revocation of earned release credit.  Editorial Notes Amendments 1996 Pub. L. 104317, title IV,  403(a)(2) Oct. 19, 1996 110 Stat. 3854 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 1992 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516 1988 Pub. L. 100702, title X,  1020(a)(8) Nov. 19, 1988 102 Stat. 4672 1986 Pub. L. 99500,  101(b) [title IV,  407(d)] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title IV,  407(d)] Oct. 30, 1986 100 Stat. 334139 1984 Pub. L. 98353, title I,  111(c) July 10, 1984 98 Stat. 343 1982 Pub. L. 97164, title I,  139(p)(2) Apr. 2, 1982 96 Stat. 44 1978 Pub. L. 95598, title II,  246(b) Nov. 6, 1978 92 Stat. 2672 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in item 1922 pursuant to section 321 of Pub. L. 101650 section 631 of this title Pub. L. 90578  1911. Supreme Court  The Supreme Court may fix the fees to be charged by its clerk. The fees of the clerk, cost of serving process, and other necessary disbursements incidental to any case before the court, may be taxed against the litigants as the court directs. ( June 25, 1948, ch. 646 62 Stat. 954  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  330 ( Mar. 3, 1911, ch. 231,  223 36 Stat. 1153 The second paragraph was inserted to give statutory sanction to existing practice. Changes were made in phraseology.  1912. Damages and costs on affirmance  Where a judgment is affirmed by the Supreme Court or a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs. ( June 25, 1948, ch. 646 62 Stat. 954  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  878, and section 1141(c)(4) of title 26 Mar. 3, 1911, ch. 231 36 Stat. 1131 Feb. 10, 1939, ch. 2,  1141(c)(4) 53 Stat. 165 Section consolidates section 878 of title 28 section 1141(c)(4) of title 26 Words prevailing party were substituted for the respondents in error, contained in said section 878 of title 28 Senate Revision Amendment By Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1141(c)(4) of Title 26  1913. Courts of appeals  The fees and costs to be charged and collected in each court of appeals shall be prescribed from time to time by the Judicial Conference of the United States. Such fees and costs shall be reasonable and uniform in all the circuits. ( June 25, 1948, ch. 646 62 Stat. 954  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  543 ( Mar. 3, 1891, ch. 517,  2 26 Stat. 826 Feb. 19, 1897, ch. 263 29 Stat. 536 Sept. 27, 1944, ch. 413 58 Stat. 743 Words and in the United States Circuit Court of Appeals for the District of Columbia were omitted as covered by each court of appeals. Judicial Conference of Senior Circuit Judges was changed to Judicial Conference of the United States in conformity with section 331 of this title Changes were made in phraseology. Statutory Notes and Related Subsidiaries Appeals Filed in Courts of Appeals Pub. L. 109171, title X,  10001(b) Feb. 8, 2006 120 Stat. 183 The $250 fee for docketing a case on appeal or review, or docketing any other proceeding, in a court of appeals, as prescribed by the Judicial Conference, effective as of January 1, 2005 section 1913 of title 28 Court Fees for Electronic Access to Information Pub. L. 102140, title III,  303 Oct. 28, 1991 105 Stat. 810 Pub. L. 104317, title IV,  403(b) Oct. 19, 1996 110 Stat. 3854 Pub. L. 107347, title II,  205(e) Dec. 17, 2002 116 Stat. 2915  (a) The Judicial Conference may, only to the extent necessary, prescribe reasonable fees, pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, for collection by the courts under those sections for access to information available through automatic data processing equipment. These fees may distinguish between classes of persons, and shall provide for exempting persons or classes of persons from the fees, in order to avoid unreasonable burdens and to promote public access to such information. The Director of the Administrative Office of the United States Courts, under the direction of the Judicial Conference of the United States, shall prescribe a schedule of reasonable fees for electronic access to information which the Director is required to maintain and make available to the public. (b) The Judicial Conference and the Director shall transmit each schedule of fees prescribed under paragraph (a) to the Congress at least 30 days before the schedule becomes effective. All fees hereafter collected by the Judiciary under paragraph (a) as a charge for services rendered shall be deposited as offsetting collections to the Judiciary Automation Fund pursuant to 28 U.S.C. 612(c)(1)(A) Similar provisions were contained in the following prior appropriation act: Pub. L. 101515, title IV,  404 Nov. 5, 1990 104 Stat. 2132  1914. District court; filing and miscellaneous fees; rules of court (a) The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $350, except that on application for a writ of habeas corpus the filing fee shall be $5. (b) The clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States. (c) Each district court by rule or standing order may require advance payment of fees. ( June 25, 1948, ch. 646 62 Stat. 954 Pub. L. 95598, title II,  244 Nov. 6, 1978 92 Stat. 2671 Pub. L. 99336,  4(a) June 19, 1986 100 Stat. 637 Pub. L. 99500,  101(b) [title IV,  407(a)] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title IV,  407(a)] Oct. 30, 1986 100 Stat. 334139 Pub. L. 104317, title IV,  401(a) Oct. 19, 1996 110 Stat. 3853 Pub. L. 108447, div. B, title III,  307(a) Dec. 8, 2004 118 Stat. 2895 Pub. L. 109171, title X,  10001(a) Feb. 8, 2006 120 Stat. 183  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  549, 553 and 555 (R.S.  828; June 28, 1902, ch. 1301,  1 32 Stat. 476 Feb. 11, 1925, ch. 204 43 Stat. 857 Jan. 22, 1927, ch. 50,  2 44 Stat. 1023 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Mar. 3, 1942, ch. 124,  2 56 Stat. 122 Sept. 27, 1944, ch. 414 58 Stat. 743 Section consolidates sections 549, 553, and 555 of title 28, U.S.C., 1940 ed., as amended with necessary changes of phraseology. The phrase filing fee was substituted for the inconsistent and misleading words of sections 549 and 553 of title 28, U.S.C., 1940 ed., as full payment for all services to be rendered by the clerk etc. thus removing the necessity for including exceptions and referring to other sections containing provisions for additional fees. The provision in section 549 of title 28 The provision in section 549 of title 28 section 1920 of this title Words or appeal from a deportation order of a United States Commissioner in section 553 of title 28 act Dec. 17, 1943, ch. 344,  1 57 Stat. 600 section 282 of title 8 Subsection (d) excepting the District of Columbia, was added to preserve the existing schedule of fees prescribed by section 111509 of the District of Columbia Code, 1940 ed. Editorial Notes Codification Pub. L. 99591 Pub. L. 99500 Amendments 2006Subsec. (a). Pub. L. 109171 2004Subsec. (a). Pub. L. 108447 1996Subsec. (a). Pub. L. 104317 1986Subsec. (a). Pub. L. 99500 Pub. L. 99591 Subsec. (d). Pub. L. 99336 1978Subsec. (a). Pub. L. 95598 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109171, title X,  10001(d) Feb. 8, 2006 120 Stat. 184 This section [amending this section and enacting provisions set out as notes under sections 1913 and 1931 of this title] and the amendment made by this section shall take effect 60 days after the date of the enactment of this Act [ Feb. 8, 2006 Effective Date of 2004 Amendment Pub. L. 108447, div. B, title III,  307(c) Dec. 8, 2004 118 Stat. 2895 This section [amending this section and section 1931 of this title Dec. 8, 2004 Effective Date of 1996 Amendment Pub. L. 104317, title IV,  401(c) Oct. 19, 1996 110 Stat. 3854 This section [amending this section and section 1931 of this title Oct. 19, 1996 Effective Date of 1986 Amendment Pub. L. 99336,  4(c) June 19, 1986 100 Stat. 638 The amendments made by this section [amending this section] shall apply with respect to any civil action, suit, or proceeding instituted on or after the date of the enactment of this Act [ June 19, 1986 Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 Court Fees for Electronic Access to Information Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Pub. L. 102140 section 1913 of this title  1915. Proceedings in forma pauperis (a) (1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiants belief that the person is entitled to redress. (2) A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined. (3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. (b) (1) Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of (A) the average monthly deposits to the prisoners account; or (B) the average monthly balance in the prisoners account for the 6-month period immediately preceding the filing of the complaint or notice of appeal. (2) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding months income credited to the prisoners account. The agency having custody of the prisoner shall forward payments from the prisoners account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid. (3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. (4) In no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee. (c) Upon the filing of an affidavit in accordance with subsections (a) and (b) and the prepayment of any partial filing fee as may be required under subsection (b), the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2) preparing a transcript of proceedings before a United States magistrate judge in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636(b) of this title section 3401(b) of title 18 section 636(c) of this title (d) The officers of the court shall issue and serve all process, and perform all duties in such cases. Witnesses shall attend as in other cases, and the same remedies shall be available as are provided for by law in other cases. (e) (1) The court may request an attorney to represent any person unable to afford counsel. (2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that (A) the allegation of poverty is untrue; or (B) the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. (f) (1) Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the United States shall not be liable for any of the costs thus incurred. If the United States has paid the cost of a stenographic transcript or printed record for the prevailing party, the same shall be taxed in favor of the United States. (2) (A) If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered. (B) The prisoner shall be required to make payments for costs under this subsection in the same manner as is provided for filing fees under subsection (a)(2). (C) In no event shall the costs collected exceed the amount of the costs ordered by the court. (g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. (h) As used in this section, the term prisoner means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. ( June 25, 1948, ch. 646 62 Stat. 954 May 24, 1949, ch. 139,  98 63 Stat. 104 Oct. 31, 1951, ch. 655,  51(b) 65 Stat. 727 Pub. L. 86320 Sept. 21, 1959 73 Stat. 590 Pub. L. 9682,  6 Oct. 10, 1979 93 Stat. 645 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  9a(c)(e), 832, 833, 834, 835, and 836 ( July 20, 1892, ch. 209 27 Stat. 252 June 25, 1910, ch. 435 36 Stat. 866 Mar. 3, 1911, ch. 231,  5a Jan. 20, 1944, ch. 3,  1 58 Stat. 5 June 27, 1922, ch. 246 42 Stat. 666 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Section consolidates a part of section 9a(c)(e) with sections 832836 of title 28, U.S.C., 1940 ed. For distribution of other provisions of section 9a of title 28 Section 832 of title 28 Words and willful false swearing in any affidavit provided for in this section or section 832 of this title section 833 of title 28 A proviso in section 836 of title 28 section 2412 of this title The provision in section 9a(e) of title 28 The provision of section 832 of title 28 Changes in phraseology were made. 1949 Act This amendment clarifies the meaning of subsection (b) of section 1915 of title 28 Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104134,  101[(a)] Subsec. (b). Pub. L. 104134,  101[(a)] Subsec. (c). Pub. L. 104134,  101[(a)] Subsec. (d). Pub. L. 104134,  101[(a)] Subsec. (e). Pub. L. 104134,  101[(a)] Pub. L. 104134,  101[(a)] Subsec. (f). Pub. L. 104134,  101[(a)] Subsec. (g). Pub. L. 104134,  101[(a)] Subsec. (h). Pub. L. 104134,  101[(a)] 1979Subsec. (b). Pub. L. 9682 section 636(b) of this title section 3401(b) of title 18 section 636(c) of this title 1959Subsec. (a). Pub. L. 86320 1951Subsec. (b). Act Oct. 31, 1951 Subsec. (e). Act Oct. 31, 1951 1949Subsec. (b). Act May 24, 1949 Subsec. (e). Act May 24, 1949 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge substituted for United States magistrate in subsec. (c) pursuant to section 321 of Pub. L. 101650 section 631 of this title  1915A. Screening (a)  Screening The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. (b)  Grounds for Dismissal On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief. (c)  Definition As used in this section, the term prisoner means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. (Added Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327  1916. Seamens suits  In all courts of the United States, seamen may institute and prosecute suits and appeals in their own names and for their own benefit for wages or salvage or the enforcement of laws enacted for their health or safety without prepaying fees or costs or furnishing security therefor. ( June 25, 1948, ch. 646 62 Stat. 955  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  837 ( June 12, 1917, ch. 27,  1 40 Stat. 157 July 1, 1918, ch. 113,  1 40 Stat. 683 Changes in phraseology were made.  1917. District courts; fee on filing notice of or petition for appeal  Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or of a writ of certiorari $5 shall be paid to the clerk of the district court, by the appellant or petitioner. ( June 25, 1948, ch. 646 62 Stat. 955  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  552 ( Feb. 11, 1925, ch. 204,  5 43 Stat. 857 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Sept. 27, 1944, ch. 414,  3 58 Stat. 744 Words to the clerk of the district court were added to clarify the intent of Congress, as shown by the title of the 1944 act containing this section, and by the text of such Act in its entirety. Words as an additional fee in said suit or action, or proceeding in bankruptcy were omitted. The entire text of the basic 1944 act shows that Congress intended it to apply to all actions, suits and proceedings, including bankruptcy proceedings, and nowhere else in such act is any reference made to bankruptcy proceedings. Changes were made in phraseology.  1918. District courts; fines, forfeitures and criminal proceedings (a) Costs shall be included in any judgment, order, or decree rendered against any person for the violation of an Act of Congress in which a civil fine or forfeiture of property is provided for. (b) Whenever any conviction for any offense not capital is obtained in a district court, the court may order that the defendant pay the costs of prosecution. ( June 25, 1948, ch. 646 62 Stat. 955  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  822 (R.S.  974). Changes were made in phraseology.  1919. Dismissal for lack of jurisdiction  Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs. ( June 25, 1948, ch. 646 62 Stat. 955 Pub. L. 96417, title V,  510 Oct. 10, 1980 94 Stat. 1743 Pub. L. 102572, title IX,  908(a) Oct. 29, 1992 106 Stat. 4519  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  80 ( Mar. 3, 1911, ch. 231,  37 36 Stat. 1098 Words dismissed for want of jurisdiction were substituted for it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court. The substituted language is sufficient. (See revisers note under section 1359 of this title section 80 of title 28 section 1359 of this title section 80 of title 28 section 1447 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1980 Pub. L. 96417 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(b)(1)(E) of Pub. L. 96417 section 251 of this title  1920. Taxation of costs A judge or clerk of any court of the United States may tax as costs the following: (1) Fees of the clerk and marshal; (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case; (5) Docket fees under section 1923 of this title (6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree. ( June 25, 1948, ch. 646 62 Stat. 955 Pub. L. 95539,  7 Oct. 28, 1978 92 Stat. 2044 Pub. L. 110406,  6 Oct. 13, 2008 122 Stat. 4292  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  9a(a) and 830 (R.S.  983; Mar. 3, 1911, ch. 231,  5a Jan. 20, 1944, ch. 3,  1 58 Stat. 5 For distribution of other provisions of section 9a of title 28 Word may was substituted for shall before tax as costs, in view of Rule 54(d) of the Federal Rules of Civil Procedure, providing for allowance of costs to the prevailing party as of course unless the court otherwise directs. Changes were made in phraseology. Editorial Notes Amendments 2008Par. (2). Pub. L. 110406,  6(1) Par. (4). Pub. L. 110406,  6(2) 1978Par. (6). Pub. L. 95539 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95539 Oct. 28, 1978 section 10(a) of Pub. L. 95539 section 602 of this title  1921. United States marshals fees (a) (1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following: (A) Serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, complaints, or any other writ, order or process in any case or proceeding. (B) Serving a subpoena or summons for a witness or appraiser. (C) Forwarding any writ, order, or process to another judicial district for service. (D) The preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale. (E) The keeping of attached property (including boats, vessels, or other property attached or libeled), actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmens or keepers fees, insurance, and an hourly rate, including overtime, for each deputy marshal required for special services, such as guarding, inventorying, and moving. (F) Copies of writs or other papers furnished at the request of any party. (G) Necessary travel in serving or endeavoring to serve any process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is returnable to the place of service or endeavor. (H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process. (2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to section 1916 of this title (3) For purposes of paragraph (1)(G), if two or more services or endeavors, or if an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or endeavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or endeavoring to serve in behalf of the party. If two or more writs of any kind, required to be served in behalf of the same party on the same person in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected. (b) The Attorney General shall from time to time prescribe by regulation the fees to be taxed and collected under subsection (a). Such fees shall, to the extent practicable, reflect the actual and reasonable cost of the service provided. (c) (1) The United States Marshals Service shall collect a commission of 3 percent of the first $1,000 collected and 112 percent on the excess of any sum over $1,000, for seizing or levying on property (including seizures in admiralty), disposing of such property by sale, setoff, or otherwise, and receiving and paying over money, except that the amount of commission shall be within the range set by the Attorney General. if 1 1 98 Stat. 2040 (2) The Attorney General shall prescribe from time to time regulations which establish a minimum and maximum amount for the commission collected under paragraph (1). (d) The United States marshals may require a deposit to cover the fees and expenses prescribed under this section. (e) Notwithstanding section 3302 of title 31 (1) to credit to such Services appropriation all fees, commissions, and expenses collected by such Service for (A) the service of civil process, including complaints, summonses, subpoenas, and similar process; and (B) seizures, levies, and sales associated with judicial orders of execution; and (2) to use such credited amounts for the purpose of carrying out such activities. ( June 25, 1948, ch. 646 62 Stat. 955 Sept. 9, 1950, ch. 937 64 Stat. 824 Pub. L. 87621,  1 Aug. 31, 1962 76 Stat. 417 Pub. L. 99646,  39(a) Nov. 10, 1986 100 Stat. 3600 Pub. L. 100690, title VII,  7608(c) Nov. 18, 1988 102 Stat. 4515 Pub. L. 101647, title XII,  1212 Nov. 29, 1990 104 Stat. 4833  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  574 (R.S.  823, 829; May 28, 1896, ch. 252,  6 29 Stat. 179 May 29, 1930, ch. 356 46 Stat. 486 Aug. 3, 1935, ch. 431,  2 49 Stat. 513 Provisions for serving venires and summoning grand and petit jurors were omitted as useless since marshals fees are now covered into the Treasury and there is no basis for apportioning the cost of summoning jurors for a term of court and taxing the same to individual cases. The marshals fee for holding a court of inquiry or other proceedings before a jury, including summoning a jury, $5 is omitted as obsolete in the Federal practice. See, Blacks Law Dictionary Court of Inquiry. See, also, Websters International Dictionary. A fee of 50 cents for each bail bond is omitted as covered by the general provision for taxation of marshals fees in criminal cases. The provisions for a fee of $5 for drawing and executing a deed and $1 for executing a deed prepared by a party or his attorney are omitted as unnecessary. It is the marshals duty to execute conveyances of property which he sells on execution and his salary compensates him therefor. There is no occasion for him to draw such a deed and no beneficial purpose in taxing the parties a fee for his signature. The 2 per centum fee for disbursing moneys is omitted as an unnecessary burden upon funds belonging to litigants. The provision that a folio consists of 100 words or major fraction thereof is inserted to conform with section 607 of title 28 The provision for a lump sum to be determined by the court and taxed in criminal cases was added. It fixes a maximum of $25 in misdemeanor cases and $100 in felony cases. It may be questioned whether costs as such should ever be taxed against the convicted defendant in a criminal case. The acquitted defendant is not permitted to tax costs against the United States. Indeed the allowance of costs in criminal cases is not a matter of right but rests completely within the discretion of the court. Morris v. United States In Alberty v. U.S Changes were made in phraseology. Editorial Notes  References in Text The Comprehensive Forfeiture Act of 1984, referred to in subsec. (c)(1), is chapter III of title II of Pub. L. 98473 Oct. 12, 1984 98 Stat. 2040 section 1961 of Title 18 Amendments 1990Subsec. (c)(1). Pub. L. 101647 1988 Pub. L. 100690 1986 Pub. L. 99646 1962 Pub. L. 87621 1950Act Sept. 9, 1950 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99646,  39(b) Nov. 10, 1986 100 Stat. 3600 The amendments made by this section [amending this section] shall take effect 30 days after the date of enactment of this Act [ Nov. 10, 1986 Effective Date of 1962 Amendment Pub. L. 87621,  3 Aug. 31, 1962 76 Stat. 418 This Act [amending this section] shall become effective ninety days after enactment [ Aug. 31, 1962 Collection and Disposition of Fees and Expenses for Services Pub. L. 101162, title II Nov. 21, 1989 103 Stat. 997 That notwithstanding the provisions of title 31 U.S.C. 3302 28 U.S.C. 1921 Public Law 100690  1922. Witness fees before United States magistrate judges  The fees of more than four witnesses shall not be taxed against the United States, in the examination of any criminal case before a United States magistrate judge, unless their materiality and importance are first approved and certified to by the United States attorney for the district in which the examination is had. ( June 25, 1948, ch. 646 62 Stat. 956 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  828 (R.S.  981; May 28, 1896, ch. 252,  19 29 Stat. 184 Last clause of section 828 of title 28 Changes were made in phraseology. Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in section catchline and United States magistrate judge substituted for United States magistrate in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Pub. L. 90578  1923. Docket fees and costs of briefs (a) Attorneys and proctors docket fees in courts of the United States may be taxed as costs as follows: $20 on trial or final hearing (including a default judgment whether entered by the court or by the clerk) in civil, criminal, or admiralty cases, except that in cases of admiralty and maritime jurisdiction where the libellant recovers less than $50 the proctors docket fee shall be $10; $20 in admiralty appeals involving not over $1,000; $50 in admiralty appeals involving not over $5,000; $100 in admiralty appeals involving more than $5,000; $5 on discontinuance of a civil action; $5 on motion for judgment and other proceedings on recognizances; $2.50 for each deposition admitted in evidence. (b) The docket fees of United States attorneys and United States trustees shall be paid to the clerk of court and by him paid into the Treasury. (c) In admiralty appeals the court may allow as costs for printing the briefs of the successful party not more than: $25 where the amount involved is not over $1,000; $50 where the amount involved is not over $5,000; $75 where the amount involved is over $5,000. ( June 25, 1948, ch. 646 62 Stat. 956 June 18, 1954, ch. 304 68 Stat. 253 Pub. L. 95598, title II,  245 Nov. 6, 1978 92 Stat. 2671  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  571, 572, and 578 (R.S.  823, 824; May 28, 1896, ch. 252 29 Stat. 179 Feb. 26, 1919, ch. 49,  1 40 Stat. 1182 July 19, 1919, ch. 24,  1 41 Stat. 209 Feb. 11, 1921, ch. 46 41 Stat. 1099 June 6, 1930, ch. 409 46 Stat. 522 Aug. 3, 1935, ch. 431,  1 49 Stat. 513 Section consolidates sections 571, 572, and 578 of title 28, U.S.C., 1940 ed. The phrase $20 on trial or final hearing in civil, criminal, or admiralty cases was substituted for the following provisions of section 572 of title 28 Word solicitor was omitted as obsolete and inapplicable in civil, criminal, or admiralty practice. Words motion for judgment were substituted for scire facias to conform to Rules 2 and 81 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes Codification Pub. L. 95598, title IV,  408(c) Nov. 6, 1978 92 Stat. 2687 Pub. L. 98166, title II,  200 Nov. 28, 1983 97 Stat. 1081 Pub. L. 98353, title III,  323 July 10, 1984 98 Stat. 358 Pub. L. 99429 Sept. 30, 1986 100 Stat. 985 Pub. L. 99500,  101(b) [title II,  200] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title II,  200] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99554, title III,  307(a) Oct. 27, 1986 100 Stat. 3125 Pub. L. 99554, title III,  307(b) Oct. 27, 1986 100 Stat. 3125 Amendments 1978Subsec. (b). Pub. L. 95598 1954Subsec. (a). Act June 18, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11  1924. Verification of bill of costs  Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. ( June 25, 1948, ch. 646 62 Stat. 957  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  831 (R.S.  984; June 10, 1921, ch. 18,  304 42 Stat. 24 Section as revised conforms to existing Federal Practice. See note to subdivision (d) of Rule 54 of the Federal Rules of Civil Procedure. For discussion as to verification of bill of costs under existing practice, see8 Hughes, Federal Practice, Jurisdiction and ProcedureCivil and Criminal,  6441. Words or allowed by the General Accounting Office were omitted as unnecessary. That office will not allow items in a tax bill for costs against the United States unless such bill has been taxed by the court, and the court, under this section, cannot tax as costs items in an unverified bill. Changes were made in phraseology.  1925. Admiralty and maritime cases  Except as otherwise provided by Act of Congress, the allowance and taxation of costs in admiralty and maritime cases shall be prescribed by rules promulgated by the Supreme Court. ( June 25, 1948, ch. 646 62 Stat. 957  Historical and Revision Notes This section was drafted to make possible the promulgation of comprehensive and uniform rules governing costs in admiralty. Various enactments of Congress, all over 100 years old, relate to particular features of such matter, but do not set forth any comprehensive and uniform procedure. See, for example, sections 818, 826, and 827 of title 28, U.S.C., 1940 ed.  1926. Court of Federal Claims (a) The Judicial Conference of the United States shall prescribe from time to time the fees and costs to be charged and collected in the United States Court of Federal Claims. (b) The court and its officers shall collect only such fees and costs as the Judicial Conference prescribes. The court may require advance payment of fees by rule. ( June 25, 1948, ch. 646 62 Stat. 957 Pub. L. 97164, title I,  139(p)(1) Apr. 2, 1982 96 Stat. 44 Pub. L. 102572, title IX,  902(b) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  304 ( Mar. 3, 1911, ch. 231,  191 36 Stat. 1144 For distribution of other provisions of section 304 of title 28 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Court Fees for Electronic Access to Information Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Pub. L. 102140 section 1913 of this title  1927. Counsels liability for excessive costs  Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys fees reasonably incurred because of such conduct. ( June 25, 1948, ch. 646 62 Stat. 957 Pub. L. 96349,  3 Sept. 12, 1980 94 Stat. 1156  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  829 (R.S.  982). Word personally was inserted upon authority of Motion Picture Patents Co. v. Steiner et al See definition of court of the United States in section 451 of this title Changes were made in phraseology. Editorial Notes Amendments 1980 Pub. L. 96349  1928. Patent infringement action; disclaimer not filed  Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action. ( June 25, 1948, ch. 646 62 Stat. 957 Pub. L. 106113, div. B,  1000(a)(9) [title IV,  4732(b)(17)] Nov. 29, 1999 113 Stat. 1536  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  821 (R.S.  973). Word action was substituted for any suit at law or in equity to conform with Rule 2 of the Federal Rules of Civil Procedure. Words or decree were omitted after judgment, because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree. Changes were made in phraseology. Editorial Notes Amendments 1999 Pub. L. 106113 Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by Pub. L. 106113 Nov. 29, 1999 Pub. L. 106113 section 1 of Title 35  1929. Extraordinary expenses not expressly authorized  Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof. ( June 25, 1948, ch. 646 62 Stat. 957  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  577 (R.S.  846; Feb. 18, 1875, ch. 80,  1 May 28, 1896, ch. 252,  13 29 Stat. 183 May 27, 1908, ch. 200,  1 35 Stat. 375 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Feb. 26, 1919, ch. 49,  7 40 Stat. 1182 Oct. 13, 1941, ch. 431,  1 55 Stat. 736 Provision for payment of expenses under section 577 of title 28 The first sentence of said section 577 is incorporated in section 551 of this title The qualifying phrase under the special taxation of the district court in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the Judiciary, was omitted, and the functions of allowing extraordinary expenses was vested in the Attorney General instead of the President. Neither the President nor the district judge should be burdened with such duty since the Attorney General only has the information upon which to act. Changes were made in phraseology.  1930. Bankruptcy fees (a) The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title (1) For a case commenced under (A) chapter 7 of title 11, $245, and (B) chapter 13 of title 11, $235. (2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11 (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000. (5) For a case commenced under chapter 12 of title 11, $200. (6) (A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11, other than under subchapter V, for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75,000; $975 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,625 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,950 for each quarter in which disbursements total $225,000 or more but less than $300,000; $4,875 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $6,500 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $9,750 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $10,400 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $13,000 for each quarter in which disbursements total $5,000,000 or more but less than $15,000,000; $20,000 for each quarter in which disbursements total $15,000,000 or more but less than $30,000,000; $30,000 for each quarter in which disbursements total more than $30,000,000. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed. (B) (i) During the 5-year period beginning on January 1, 2021 (ii) The fee shall be the greater of (I) 0.4 percent of disbursements or $250 for each quarter in which disbursements total less than $1,000,000; and (II) 0.8 percent of disbursements but not more than $250,000 for each quarter in which disbursements total at least $1,000,000. (iii) The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed. (7) In districts that are not part of a United States trustee region as defined in section 581 of this title section 1931 of this title An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments. For converting, on request of the debtor, a case under chapter 7, or 13 of title 11, to a case under chapter 11 of title 11, the debtor shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title (b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title (c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the court, by the appellant or petitioner. (d) Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs. (e) The clerk of the court may collect only the fees prescribed under this section. (f) (1) Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and is unable to pay that fee in installments. For purposes of this paragraph, the term filing fee means the filing fee required by subsection (a), or any other fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk upon the commencement of a case under chapter 7. (2) The district court or the bankruptcy court may waive for such debtors other fees prescribed under subsections (b) and (c). (3) This subsection does not restrict the district court or the bankruptcy court from waiving, in accordance with Judicial Conference policy, fees prescribed under this section for other debtors and creditors. (Added Pub. L. 95598, title II,  246(a) Nov. 6, 1978 92 Stat. 2671 Pub. L. 98353, title I,  111(a) July 10, 1984 98 Stat. 342 Pub. L. 99500,  101(b) [title IV,  407(b)] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title IV,  407(b)] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99554, title I Oct. 27, 1986 100 Stat. 3095 Pub. L. 101162, title IV,  406(a) Nov. 21, 1989 103 Stat. 1016 Pub. L. 102140, title I,  111(a) Oct. 28, 1991 105 Stat. 795 Pub. L. 103121, title I,  111(a)(1) Oct. 27, 1993 107 Stat. 1164 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 11 Pub. L. 10499, title II,  211 Jan. 26, 1996 110 Stat. 37 Pub. L. 104208, div. A, title I,  101(a) [title I,  109(a)] Sept. 30, 1996 110 Stat. 3009 Pub. L. 106113, div. B,  1000(a)(1) [title I,  113] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106518, title I Nov. 13, 2000 114 Stat. 2411 Pub. L. 1098, title III,  325(a) Apr. 20, 2005 119 Stat. 98 Pub. L. 10913, div. A, title VI,  6058(a) May 11, 2005 119 Stat. 297 Pub. L. 109171, title X,  10101(a) Feb. 8, 2006 120 Stat. 184 Pub. L. 110161, div. B, title II,  213(a) Dec. 26, 2007 121 Stat. 1914 Pub. L. 112121,  3(a) May 25, 2012 126 Stat. 348 Pub. L. 11572, div. B,  1004(a) Oct. 26, 2017 131 Stat. 1232 Pub. L. 11654,  4(b)(3) Aug. 23, 2019 133 Stat. 1087 Pub. L. 116325,  3(d) Jan. 12, 2021 134 Stat. 5088  Editorial Notes  References in Text Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, referred to in subsec. (f)(1), is section 673(2) of Pub. L. 9735 section 9902(2) of Title 42 Codification Amendment by Pub. L. 10491 Dec. 6, 1995 Pub. L. 10491 Pub. L. 99591 Pub. L. 99500 Amendments 2021Subsec. (a)(6)(B). Pub. L. 116325,  3(d)(1) Subsec. (a)(7). Pub. L. 116325,  3(d)(2) 2019Subsec. (a)(6)(A). Pub. L. 11654 2017Subsec. (a)(6). Pub. L. 11572 2012Subsec. (a)(3). Pub. L. 112121 2007Subsec. (a)(6). Pub. L. 110161 2006Subsec. (a)(1). Pub. L. 109171,  10101(a)(1) Subsec. (a)(2). Pub. L. 109171,  10101(a)(2) 2005Subsec. (a). Pub. L. 1098,  418(1) section 1915 of this title Subsec. (a)(1). Pub. L. 1098,  325(a)(1) Pub. L. 10913 Subsec. (a)(3). Pub. L. 1098,  325(a)(2) Pub. L. 10913 Subsec. (f). Pub. L. 1098,  418(2) 2000Subsec. (a). Pub. L. 106518,  104 Subsec. (a)(2). Pub. L. 106518,  103 section 1931 of this title Subsec. (a)(7). Pub. L. 106518,  105 1999Subsec. (a)(1). Pub. L. 106113 1996Subsec. (a)(3). Pub. L. 104208 Subsec. (a)(6). Pub. L. 104208 Pub. L. 10491 Pub. L. 10499 1993Subsec. (a)(1). Pub. L. 103121,  111(a)(1) Subsec. (a)(3). Pub. L. 103121,  111(b)(1) 1991Subsec. (a)(3). Pub. L. 102140,  111(a)(1) Subsec. (a)(6). Pub. L. 102140,  111(a)(2) 1989Subsec. (a)(1). Pub. L. 101162 1986Subsec. (a). Pub. L. 99554 section 156(b) of this title Subsec. (a)(1). Pub. L. 99500 Pub. L. 99591 Pub. L. 99554,  117(1) Subsec. (a)(3). Pub. L. 99554,  117(2) Subsec. (a)(4). Pub. L. 99554,  117(3) Subsec. (a)(5), (6). Pub. L. 99554,  117(4) 1984 Pub. L. 98353,  111(b) Subsecs. (a), (c), (e). Pub. L. 98353,  111(a) Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment Amendment by Pub. L. 11654 Aug. 23, 2019 section 5 of Pub. L. 11654 section 101 of Title 11 Effective Date of 2017 Amendment Pub. L. 11572, div. B,  1004(c) Oct. 26, 2017 131 Stat. 1232 The amendments made by this section [amending this section and enacting provisions set out as a note under section 589a of this title section 1930(a)(6) of title 28 Oct. 26, 2017 Effective Date of 2012 Amendment Amendment by Pub. L. 112121 May 25, 2012 section 3(e) of Pub. L. 112121 section 589a of this title Effective Date of 2007 Amendment Pub. L. 110161, div. B, title II,  213(b) Dec. 26, 2007 121 Stat. 1914 This section [amending this section] and the amendment made by this section shall take effect January 1, 2008 Dec. 26, 2007 Effective Date of 2006 Amendment Pub. L. 109171, title X,  10101(c) Feb. 8, 2006 120 Stat. 184 This section [amending this section and enacting provisions set out as a note under section 1931 of this title Feb. 8, 2006 Effective Date of 2005 Amendments Amendment by Pub. L. 10913 Pub. L. 1098 Apr. 20, 2005 section 6058(b) of Pub. L. 10913 section 589a of this title Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date of 1999 Amendment Pub. L. 106113, div. B,  1000(a)(1) [title I,  113] Nov. 29, 1999 113 Stat. 1535 Nov. 29, 1999 Effective Date of 1993 Amendment Pub. L. 103121, title I,  111(a) Oct. 27, 1993 107 Stat. 1164 Oct. 27, 1993 Pub. L. 103121, title I,  111(b) Oct. 27, 1993 107 Stat. 1164 Oct. 27, 1993 Effective Date of 1991 Amendment Pub. L. 102140, title I,  111 Oct. 28, 1991 105 Stat. 795 Oct. 28, 1991 Effective Date of 1989 Amendment; Miscellaneous Fees Pub. L. 101162, title IV,  406(a) Nov. 21, 1989 103 Stat. 1016  Section 1930(a)(1) of title 28 section 1930(b) of title 28 Nov. 21, 1989 Effective Date of 1986 Amendment Amendment by Pub. L. 99554 Oct. 27, 1986 section 117(4) of Pub. L. 99554 Pub. L. 99554 section 581 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 section 122(a) of Pub. L. 98353 section 151 of this title Effective Date Section effective Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 Findings and Purpose Pub. L. 116325,  2 Jan. 12, 2021 134 Stat. 5086  (a)  Findings Congress finds the following: (1) Because of the importance of the goal that the bankruptcy system is self-funded, at no cost to the taxpayer, Congress has closely monitored the funding needs of the bankruptcy system, including by requiring periodic reporting by the Attorney General regarding the United States Trustee System Fund. (2) Congress has amended the various bankruptcy fees as necessary to ensure that the bankruptcy system remains self-supporting, while also fairly allocating the costs of the system among those who use the system. (3) Because the bankruptcy system is interconnected, the result has been a system of fees, including filing fees, quarterly fees in chapter 11 [ 11 U.S.C. 1101 11 U.S.C. 701 (4) This Act [see Short Title of 2021 Amendment note set out under section 1 of this title (A) ensure adequate funding of the United States trustees, supports the preservation of existing bankruptcy judgeships that are urgently needed to handle existing and anticipated increases in business and consumer caseloads, and provides long-overdue additional compensation for chapter 7 case trustees whose caseloads include chapter 11 reorganization cases that were converted to chapter 7 liquidation cases; and (B) confirm the longstanding intention of Congress that quarterly fee requirements remain consistent across all Federal judicial districts. (b)  Purpose The purpose of this Act and the amendments made by this Act is to further the long-standing goal of Congress of ensuring that the bankruptcy system is self-funded, at no cost to the taxpayer. Application of Former Subsection (a)(6)(B) to Quarterly Fees in Certain Fiscal Years Pub. L. 11693, div. B, title II,  219 Dec. 20, 2019 133 Stat. 2415 Pub. L. 116325 Pub. L. 116260, div. B, title II,  218 Dec. 27, 2020 134 Stat. 1265 Use of Increased Receipts Pub. L. 1098, title III,  325(e) Apr. 20, 2005 119 Stat. 99 section 1930 of this title Apr. 20, 2005 Pub. L. 1098,  325(a) section 325 of Pub. L. 1098 Pub. L. 10913, div. A, title VI,  6058 May 11, 2005 119 Stat. 297 Pub. L. 1098 Apr. 20, 2005 Accrual and Payment of Quarterly Fees in Chapter 11 Cases After Jan. 27, 1996 Pub. L. 10491, title I,  101(a) Jan. 6, 1996 110 Stat. 10 Pub. L. 104208, div. A, title I,  101(a) [title I,  109(d)] Sept. 30, 1996 110 Stat. 3009 That, notwithstanding any other provision of law, the fees under 28 U.S.C. 1930(a)(6) January 27, 1996 Report on Bankruptcy Fees Pub. L. 103121, title I,  111(d) Oct. 27, 1993 107 Stat. 1165 Mar. 31, 1998 Court Fees for Electronic Access to Information Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Pub. L. 102140 section 1913 of this title Issuance of Notices to Creditors and Other Interested Parties Pub. L. 101162, title IV,  403 Nov. 21, 1989 103 Stat. 1013 Notwithstanding any other provision of law, for fiscal year 1990 and hereafter, (a) The Administrative Office of the United States Courts, or any other agency or instrumentality of the United States, is prohibited from restricting solely to staff of the Clerks of the United States Bankruptcy Courts the issuance of notices to creditors and other interested parties. (b) The Administrative Office shall permit and encourage the preparation and mailing of such notices to be performed by or at the expense of the debtors, trustees or such other interested parties as the Court may direct and approve. (c) The Director of the Administrative Office of the United States Courts shall make appropriate provisions for the use of and accounting for any postage required pursuant to such directives. Collection and Disposition of Fees in Bankruptcy Cases Pub. L. 101162, title IV,  404(a) Nov. 21, 1989 103 Stat. 1013 For fiscal year 1990 and hereafter, such fees as shall be collected for the preparation and mailing of notices in bankruptcy cases as prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. 1930(b)  1931. Disposition of filing fees (a) Of the amounts paid to the clerk of court as a fee under section 1914(a) or as part of a judgment for costs under section 2412(a)(2) of this title (b) If the court authorizes a fee under section 1914(a) or an amount included in a judgment for costs under section 2412(a)(2) of this title (Added Pub. L. 99500,  101(b) [title IV,  407(c)] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title IV,  407(c)] Oct. 30, 1986 100 Stat. 334139 Pub. L. 101162, title IV,  406(d) Nov. 21, 1989 103 Stat. 1016 Pub. L. 102572, title III,  301(b) Oct. 29, 1992 106 Stat. 4511 Pub. L. 104317, title IV,  401(b) Oct. 19, 1996 110 Stat. 3853 Pub. L. 108447, div. B, title III,  307(b) Dec. 8, 2004 118 Stat. 2895  Editorial Notes Codification Pub. L. 99591 Pub. L. 99500 Amendments 2004Subsec. (a). Pub. L. 108447,  307(b)(1) Subsec. (b). Pub. L. 108447,  307(b)(2) 1996Subsec. (a). Pub. L. 104317,  401(b)(1) Subsec. (b). Pub. L. 104317,  401(b)(2) 1992 Pub. L. 102572 The following portion of moneys paid to the clerk of court as filing fees under this chapter shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States: Under section 1914(a), $60. 1989 Pub. L. 101162 Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Amendment by Pub. L. 108447 Dec. 8, 2004 section 307(c) of Pub. L. 108447 section 1914 of this title Effective Date of 1996 Amendment Amendment by Pub. L. 104317 Oct. 19, 1996 section 401(c) of Pub. L. 104317 section 1914 of this title Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Paygo Offset Expenditure Limitation Pub. L. 112121,  3(d) May 25, 2012 126 Stat. 348 $42 of the incremental amounts collected by reason of the enactment of subsection (a) [amending section 1930 of this title May 25, 2012 section 1931(a) of title 28 Expenditure Limitation Pub. L. 109171, title X,  10001(c) Feb. 8, 2006 120 Stat. 183 Incremental amounts collected by reason of the enactment of this section [amending section 1914 of this title Feb. 8, 2006 section 1931(a) of title 28 Pub. L. 109171, title X,  10101(b) Feb. 8, 2006 120 Stat. 184 Incremental amounts collected by reason of the amendments made by subsection (a) [amending section 1930 of this title Feb. 8, 2006 section 1931(a) of title 28 Disposition of Fees Pub. L. 106518, title I,  102 Nov. 13, 2000 114 Stat. 2411 For fiscal year 2001 and each fiscal year thereafter, any portion of miscellaneous fees collected as prescribed by the Judicial Conference of the United States under sections 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28, United States Code, exceeding the amount of such fees in effect on September 30, 2000 section 1931 of title 28 Pub. L. 104317, title IV,  404 Oct. 19, 1996 110 Stat. 3855  (a)  Disposition of Attorney Admission Fees For each fee collected for admission of an attorney to practice, as prescribed by the Judicial Conference of the United States pursuant to section 1914 of title 28 section 1931 of title 28 section 1914 of title 28 section 1931 of title 28 (b)  Disposition of Bankruptcy Complaint Filing Fees For each fee collected for filing an adversary complaint in a bankruptcy proceeding, as established in Item 6 of the Bankruptcy Court Miscellaneous Fee Schedule prescribed by the Judicial Conference of the United States pursuant to section 1930(b) of title 28 section 1931 of title 28 (c)  Effective Date This section shall take effect 60 days after the date of the enactment of this Act [ Oct. 19, 1996 Collection and Deposit of Miscellaneous Bankruptcy Fees Pub. L. 101162, title IV,  406(b) Nov. 21, 1989 103 Stat. 1016 Pub. L. 103121, title I,  111(a)(3) Oct. 27, 1993 107 Stat. 1164 Pub. L. 106113, div. B,  1000(a)(1) [title I,  113] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106518, title II,  209(a) Nov. 13, 2000 114 Stat. 2415 Pub. L. 1098, title III,  325(c) Apr. 20, 2005 119 Stat. 99 Pub. L. 10913, div. A, title VI,  6058(a) May 11, 2005 119 Stat. 297 Pub. L. 112121,  3(c) May 25, 2012 126 Stat. 348 All fees as shall be hereafter collected for any service not of a kind described in any of the items enumerated as items 1 through 7 and as items 9 through 18, as in effect on November 21, 1989 section 1930(b) of title 28 [For termination, effective May 15, 2000 section 406(b) of Pub. L. 101162 section 3003 of Pub. L. 10466 section 1113 of Title 31 [ Pub. L. 106518, title II,  209(b) Nov. 13, 2000 114 Stat. 2415 The amendment made by subsection (a) [amending section 406(b) of Pub. L. 101162 Nov. 13, 2000 [ Pub. L. 106113, div. B,  1000(a)(1) [title I,  113] Nov. 29, 1999 113 Stat. 1535 section 406(b) of Pub. L. 101162 Nov. 29, 1999 [ Pub. L. 103121, title I,  111(a) Oct. 27, 1993 107 Stat. 1164 section 406(b) of Pub. L. 101162 Oct. 27, 1993  1932. 1 1 Judicial Panel on Multidistrict Litigation  The Judicial Conference of the United States shall prescribe from time to time the fees and costs to be charged and collected by the Judicial Panel on Multidistrict Litigation. (Added Pub. L. 104317, title IV,  403(a)(1) Oct. 19, 1996 110 Stat. 3854  1932. 1 1 Revocation of earned release credit In any civil action brought by an adult convicted of a crime and confined in a Federal correctional facility, the court may order the revocation of such earned good time credit under section 3624(b) of title 18 (1) the claim was filed for a malicious purpose; (2) the claim was filed solely to harass the party against which it was filed; or (3) the claimant testifies falsely or otherwise knowingly presents false evidence or information to the court. (Added Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 CHAPTER 125 PENDING ACTIONS AND JUDGMENTS    Sec.  1961. Interest.  1962. Lien.  1963. Registration of judgments for enforcement in other districts.  [ 1963A. Repealed.]  1964. Constructive notice of pending actions.  Editorial Notes Amendments 1996 Pub. L. 104317, title II,  203(b) Oct. 19, 1996 110 Stat. 3850 1988 Pub. L. 100702, title X,  1002(b)(3) Nov. 19, 1988 102 Stat. 4664 1980 Pub. L. 96417, title V,  511(b) Oct. 10, 1980 94 Stat. 1743 1958 Pub. L. 85689,  1(b) Aug. 20, 1958 72 Stat. 683  1961. Interest (a) Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding. 1 1 (b) Interest shall be computed daily to the date of payment except as provided in section 2516(b) of this title section 1304(b) of title 31 (c) (1) This section shall not apply in any judgment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at the underpayment rate or overpayment rate (whichever is appropriate) established under section 6621 of the Internal Revenue Code of 1986. (2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit, 2 2 (3) Interest shall be allowed, computed, and paid on judgments of the United States Court of Federal Claims only as provided in paragraph (1) of this subsection or in any other provision of law. (4) This section shall not be construed to affect the interest on any judgment of any court not specified in this section. ( June 25, 1948, ch. 646 62 Stat. 957 Pub. L. 97164, title III,  302(a) Apr. 2, 1982 96 Stat. 55 Pub. L. 97258,  2(m)(1) Sept. 13, 1982 96 Stat. 1062 Pub. L. 97452,  2(d)(1) Jan. 12, 1983 96 Stat. 2478 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 106554,  1(a)(7) [title III,  307(d)(1)] Dec. 21, 2000 114 Stat. 2763  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  811 (R.S.  966; Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Changes were made in phraseology. Editorial Notes  References in Text Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 6621 of Title 26 Amendments 2000Subsec. (a). Pub. L. 106554 1992Subsec. (c)(3). Pub. L. 102572 1986Subsec. (c)(1). Pub. L. 99514,  1511(c)(17) Pub. L. 99514,  2 1983Subsec. (b). Pub. L. 97452 section 1304(b) of title 31 section 1302 of the Act of July 27, 1956 31 U.S.C. 724a 1982Subsec. (a). Pub. L. 97164,  302(a)(1) Subsec. (b). Pub. L. 97258 section 1304(b)(1) of title 31 section 1302 of the Act of July 27, 1956 31 U.S.C. 724a Subsecs. (b), (c). Pub. L. 97164,  302(a)(3) Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1986 Amendment Amendment by section 1511(c)(17) of Pub. L. 99514 Dec. 31, 1986 section 1511(d) of Pub. L. 99514 section 6621 of Title 26 Effective Date of 1982 Amendments Pub. L. 97258,  2(m) Sept. 13, 1982 96 Stat. 1062 Oct. 1, 1982 Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  1962. Lien  Every judgment rendered by a district court within a State shall be a lien on the property located in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in such State, and shall cease to be a lien in the same manner and time. This section does not apply to judgments entered in favor of the United States. Whenever the law of any State requires a judgment of a State court to be registered, recorded, docketed or indexed, or any other act to be done, in a particular manner, or in a certain office or county or parish before such lien attaches, such requirements shall apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State. ( June 25, 1948, ch. 646 62 Stat. 958 Pub. L. 101647, title XXXVI,  3627 Nov. 29, 1990 104 Stat. 4965  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  812 and 814 (R.S.  967; Aug. 1, 1888, ch. 729,  1 25 Stat. 357 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Aug. 17, 1912, ch. 300 37 Stat. 311 Section consolidates sections 812 and 814 of title 28, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation and to clarify the meaning of such sections. Omitted words or decree after judgments as unnecessary inasmuch as Rule 54(a) of the Federal Rules of Civil Procedure by definition of judgment includes a decree. Words in the State of Louisiana after or parish were omitted as unnecessary. A reference to section 813 of title 28 Editorial Notes Amendments 1990 Pub. L. 101647 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101647 Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  1963. Registration of judgments for enforcement in other districts  A judgment in an action for the recovery of money or property entered in any court of appeals, district court, bankruptcy court, or in the Court of International Trade may be registered by filing a certified copy of the judgment in any other district or, with respect to the Court of International Trade, in any judicial district, when the judgment has become final by appeal or expiration of the time for appeal or when ordered by the court that entered the judgment for good cause shown. Such a judgment entered in favor of the United States may be so registered any time after judgment is entered. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner. A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien. The procedure prescribed under this section is in addition to other procedures provided by law for the enforcement of judgments. ( June 25, 1948, ch. 646 62 Stat. 958 Aug. 23, 1954, ch. 837 68 Stat. 772 Pub. L. 85508,  12 o July 7, 1958 72 Stat. 349 Pub. L. 100702, title X,  1002(a) Nov. 19, 1988 102 Stat. 4664 Pub. L. 101647, title XXXVI,  3628 Nov. 29, 1990 104 Stat. 4965 Pub. L. 104317, title II,  203(a) Oct. 19, 1996 110 Stat. 3849  Historical and Revision Notes This section follows the recommendation of the Supreme Courts Advisory Committee on Federal Rules of Civil Procedure (1937) which included the following rule: Rule 77. Registration of judgments in other district courts February 20, 1905 33 Stat. 729 March 4, 1909 35 Stat. 1084 Section 2508 of this title section 2413 of this title The phrase for the recovery of money or property was not in the committees draft of Rule 77 of Federal Rules of Civil Procedure but was inserted in the revised section to exclude judgments in divorce actions, and any other actions, the registration of which would serve no useful purpose. Editorial Notes Amendments 1996 Pub. L. 104317 1990 Pub. L. 101647 1988 Pub. L. 100702 1958 Pub. L. 85508 section 81A of this title 1954Act Aug. 23, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101647 Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title Effective Date of 1988 Amendment Pub. L. 100702, title X,  1002(c) Nov. 19, 1988 102 Stat. 4665 The amendments made by this section [amending this section and repealing section 1963A of this title Nov. 19, 1988 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48 [ 1963A. Repealed. Pub. L. 100702, title X,  1002(b)(2) Nov. 19, 1988 102 Stat. 4664   Section, added Pub. L. 96417, title V,  511(a) Oct. 10, 1980 94 Stat. 1743 section 1963 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 90 days after Nov. 19, 1988 section 1002(c) of Pub. L. 100702 section 1963 of this title  1964. Constructive notice of pending actions  Where the law of a State requires a notice of an action concerning real property pending in a court of the State to be registered, recorded, docketed, or indexed in a particular manner, or in a certain office or county or parish in order to give constructive notice of the action as it relates to the real property, and such law authorizes a notice of an action concerning real property pending in a United States district court to be registered, recorded, docketed, or indexed in the same manner, or in the same place, those requirements of the State law must be complied with in order to give constructive notice of such an action pending in a United States district court as it relates to real property in such State. (Added Pub. L. 85689,  1(a) Aug. 20, 1958 72 Stat. 683  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 85689,  2 Aug. 20, 1958 72 Stat. 683 The amendments made by this Act [enacting this section] shall only be effective with respect to actions commenced in United States district courts more than one hundred and eighty days after the date of enactment of this Act [ Aug. 20, 1958 CHAPTER 127 EXECUTIONS AND JUDICIAL SALES    Sec.  2001. Sale of realty generally.  2002. Notice of sale of realty.  2003. Marshals incapacity after levy on or sale of realty.  2004. Sale of personalty generally.  2005. Appraisal of goods taken on execution.  2006. Execution against revenue officer.  2007. Imprisonment for debt.  2001. Sale of realty generally (a) Any realty or interest therein sold under any order or decree of any court of the United States shall be sold as a whole or in separate parcels at public sale at the courthouse of the county, parish, or city in which the greater part of the property is located, or upon the premises or some parcel thereof located therein, as the court directs. Such sale shall be upon such terms and conditions as the court directs. Property in the possession of a receiver or receivers appointed by one or more district courts shall be sold at public sale in the district wherein any such receiver was first appointed, at the courthouse of the county, parish, or city situated therein in which the greater part of the property in such district is located, or on the premises or some parcel thereof located in such county, parish, or city, as such court directs, unless the court orders the sale of the property or one or more parcels thereof in one or more ancillary districts. (b) After a hearing, of which notice to all interested parties shall be given by publication or otherwise as the court directs, the court may order the sale of such realty or interest or any part thereof at private sale for cash or other consideration and upon such terms and conditions as the court approves, if it finds that the best interests of the estate will be conserved thereby. Before confirmation of any private sale, the court shall appoint three disinterested persons to appraise such property or different groups of three appraisers each to appraise properties of different classes or situated in different localities. No private sale shall be confirmed at a price less than two-thirds of the appraised value. Before confirmation of any private sale, the terms thereof shall be published in such newspaper or newspapers of general circulation as the court directs at least ten days before confirmation. The private sale shall not be confirmed if a bona fide offer is made, under conditions prescribed by the court, which guarantees at least a 10 per centum increase over the price offered in the private sale. (c) This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency. ( June 25, 1948, ch. 646 62 Stat. 958 May 24, 1949, ch. 139,  99 63 Stat. 104  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  847 ( Mar. 3, 1893, ch. 225,  1 27 Stat. 751 June 19, 1934, ch. 662 48 Stat. 1119 Apr. 24, 1935, ch. 77,  1 49 Stat. 159 June 19, 1935, ch. 276 49 Stat. 390 A provision making the section applicable to pending proceedings was deleted as obsolete. The term court of the United States is defined in section 451 of this title Changes were made in phraseology. 1949 Act This section corrects a typographical error in subsection (a) of section 2001 of title 28 Editorial Notes Amendments 1949Subsec. (a). Act May 24, 1949  2002. Notice of sale of realty  A public sale of realty or interest therein under any order, judgment or decree of any court of the United States shall not be made without notice published once a week for at least four weeks prior to the sale in at least one newspaper regularly issued and of general circulation in the county, state, or judicial district of the United States wherein the realty is situated. If such realty is situated in more than one county, state, district or circuit, such notice shall be published in one or more of the counties, states, or districts wherein it is situated, as the court directs. The notice shall be substantially in such form and contain such description of the property by reference or otherwise as the court approves. The court may direct that the publication be made in other newspapers. This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency. ( June 25, 1948, ch. 646 62 Stat. 959 May 24, 1949, ch. 139,  100 63 Stat. 104  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  849 ( Mar. 3, 1893, ch. 225,  3 27 Stat. 751 Apr. 24, 1935, ch. 77,  3 49 Stat. 160 June 19, 1935, ch. 276 49 Stat. 390 A provision making the section applicable to pending proceedings was deleted as obsolete. Word under was substituted for ordered pursuant to section 847 of this title Sections 847 and 848, of title 28, U.S.C., 1940 ed., now sections 2001 and 2004 of this title, relate only to sales under orders or decrees, without any reference to sales under judgments. In 1921 the Supreme Court held, in Yazoo & M. V. R. Co. v. City of Clarksdale section 849 of title 28 49 Stat. 159 Reference to circuit was deleted from first and second paragraphs as unnecessary and inappropriate. Publication in a newspaper in a large circuit remote from the county in which the realty is situate, might be wholly insufficient to give notice to interested parties. Changes were made in phraseology. 1949 Act This section corrects a typographical error in section 2002 of title 28 Editorial Notes Amendments 1949Act May 24, 1949  2003. Marshals incapacity after levy on or sale of realty  Whenever a United States marshal dies, is removed from office, or the term of his commission expires, after levying on realty or any interest therein under a writ of execution issued by a court of the United States, and before sale or other final disposition thereof, like process shall issue to the succeeding marshal and the same proceedings shall be had as if such contingency had not occurred. Whenever any such contingency arises after a marshal has sold any realty or interest therein and before a deed is executed, the court may, on application by the purchaser, or the plaintiff in whose action the sale was made, setting forth the facts of the case and the reason why the title was not perfected by such marshal, order the succeeding marshal to perfect the title and execute a deed to the purchaser, upon payment of the purchase money and unpaid costs. ( June 25, 1948, ch. 646 62 Stat. 959 May 24, 1949, ch. 139,  101 63 Stat. 104  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  850 (R.S.  994). Word realty was substituted for lands, tenements, or hereditaments in two places, the two terms being synonymous. (See Blacks Law Dictionary, 3d Ed., p. 1969.) Word action was substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure, prescribing but one form of action. Changes were made in phraseology. 1949 Act This section corrects a typographical error in section 2003 of title 28 Editorial Notes Amendments 1949Act May 24, 1949  2004. Sale of personalty generally  Any personalty sold under any order or decree of any court of the United States shall be sold in accordance with section 2001 of this title This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency. ( June 25, 1948, ch. 646 62 Stat. 959  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  848 ( Mar. 3, 1893, ch. 225,  2 27 Stat. 751 Apr. 24, 1935, ch. 77,  2 49 Stat. 160 June 19, 1935, ch. 276 49 Stat. 390 A provision making the section applicable to pending proceedings was deleted as obsolete. Changes were made in phraseology.  2005. Appraisal of goods taken on execution  Whenever State law requires that goods taken on execution be appraised before sale, goods taken under execution issued from a court of the United States shall be appraised in like manner. The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law. If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attending and performing their duties, shall receive the fees allowed for appraisals under State law. ( June 25, 1948, ch. 646 62 Stat. 959  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  846 (R.S.  993). Words shall be appraised in like manner were substituted for the appraisers appointed under the authority of the State may appraise goods taken in execution on a fieri facias issued out of any court of the United States. The change precludes construction that the State appraisers only are available to appraise such goods in civil actions in the federal courts. Changes were made in phraseology.  2006. Execution against revenue officer Execution shall not issue against a collector or other revenue officer on a final judgment in any proceeding against him for any of his acts, or for the recovery of any money exacted by or paid to him and subsequently paid into the Treasury, in performing his official duties, if the court certifies that: (1) probable cause existed; or (2) the officer acted under the directions of the Secretary of the Treasury, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, or other proper Government officer. When such certificate has been issued, the amount of the judgment shall be paid out of the proper appropriation by the Treasury. ( June 25, 1948, ch. 646 62 Stat. 960 Pub. L. 107296, title XI,  1112 l Nov. 25, 2002 116 Stat. 2277  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  842 (R.S.  989). Changes were made in phraseology. Editorial Notes Amendments 2002Par. (2). Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 Nov. 25, 2002 section 4 of Pub. L. 107296 section 101 of Title 6  2007. Imprisonment for debt (a) A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State. (b) Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States magistrate judge for the judicial district wherein the defendant is held. ( June 25, 1948, ch. 646 62 Stat. 960 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  843, 844, and 845 (R.S.  990, 991, 992; May 28, 1896, ch. 252,  19 29 Stat. 184 Mar. 2, 1901, ch. 814 31 Stat. 956 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Changes were made in phraseology. Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge substituted for United States magistrate in subsec. (b) pursuant to section 321 of Pub. L. 101650 section 631 of this title Pub. L. 90578 CHAPTER 129 MONEYS PAID INTO COURT    Sec.  2041. Deposit of moneys in pending or adjudicated cases.  2042. Withdrawal.  2043. Deposit of other moneys.  2044. Payment of fine with bond money.  2045. Investment of court registry funds.  Editorial Notes Amendments 2008 Pub. L. 110406,  8(b) Oct. 13, 2008 122 Stat. 4293 1990 Pub. L. 101647, title XXXVI,  3629(b) Nov. 29, 1990 104 Stat. 4966 1982 Pub. L. 97258,  2(g)(4)(A) Sept. 13, 1982 96 Stat. 1060  2041. Deposit of moneys in pending or adjudicated cases  All moneys paid into any court of the United States, or received by the officers thereof, in any case pending or adjudicated in such court, shall be forthwith deposited with the Treasurer of the United States or a designated depositary, in the name and to the credit of such court. This section shall not prevent the delivery of any such money to the rightful owners upon security, according to agreement of parties, under the direction of the court. ( June 25, 1948, ch. 646 62 Stat. 960 Pub. L. 97258,  2(g)(4)(C) Sept. 13, 1982 96 Stat. 1061  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  851 (R.S.  995; May 29, 1920, ch. 214,  1 41 Stat. 654 Changes were made in phraseology. Editorial Notes Amendments 1982 Pub. L. 97258 Statutory Notes and Related Subsidiaries Registry Administration Account Pub. L. 100459, title IV,  400 Oct. 1, 1988 102 Stat. 2211 That any funds hereafter collected by the Judiciary as a charge for services rendered in administering accounts kept in a courts registry shall be deposited into a separate account entitled Registry Administration Account in the Treasury of the United States. Such funds shall remain available to the Judiciary until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the Courts of Appeals, District Courts and Other Judicial Services and the Administrative Office of the United States Courts.  2042. Withdrawal  No money deposited under section 2041 of this title In every case in which the right to withdraw money deposited in court under section 2041 has been adjudicated or is not in dispute and such money has remained so deposited for at least five years unclaimed by the person entitled thereto, such court shall cause such money to be deposited in the Treasury in the name and to the credit of the United States. Any claimant entitled to any such money may, on petition to the court and upon notice to the United States attorney and full proof of the right thereto, obtain an order directing payment to him. ( June 25, 1948, ch. 646 62 Stat. 960 Pub. L. 97258,  2(g)(4)(D) Sept. 13, 1982 96 Stat. 1061  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  852 (R.S.  996; Feb. 19, 1897, ch. 265,  3 29 Stat. 578 Mar. 3, 1911, ch. 224 36 Stat. 1083 Words and the money deposited as aforesaid shall constitute and be a permanent appropriation for payments in obedience to such orders were omitted, in view of section 725p(b)(14), of title 31, U.S.C., 1940 ed., which repealed permanent appropriations of unclaimed money accounts and substituted authorization for annual appropriations effective July 1, 1935 Changes were made in phraseology. In U. S. Law Week, Nov. 7, 1939  Among the major subjects needing study and revision areNumerous procedural changes which have been brought about through adoption of the Federal Rules of Civil Procedure should be codified. Editorial Notes Amendments 1982 Pub. L. 97258  2043. Deposit of other moneys  Except for public moneys deposited under section 2041 of this title (Added Pub. L. 97258,  2(g)(4)(E) Sept. 13, 1982 96 Stat. 1061        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  28:2043 31:725v(b)(related to clerks). June 26, 1934, ch. 756,  23(b) 48 Stat. 1236 Dec. 21, 1944, ch. 631,  1 58 Stat. 845 The words Except for public moneys deposited under section 2041 of this title July 31, 1950 64 Stat. 1280  2044. Payment of fine with bond money  On motion of the United States attorney, the court shall order any money belonging to and deposited by or on behalf of the defendant with the court for the purposes of a criminal appearance bail bond (trial or appeal) to be held and paid over to the United States attorney to be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant. The court shall not release any money deposited for bond purposes after a plea or a verdict of the defendants guilt has been entered and before sentencing except upon a showing that an assessment, fine, restitution or penalty cannot be imposed for the offense the defendant committed or that the defendant would suffer an undue hardship. This section shall not apply to any third party surety. (Added Pub. L. 101647, title XXXVI,  3629(a) Nov. 29, 1990 104 Stat. 4966  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  2045. Investment of court registry funds (a) The Director of the Administrative Office of the United States Courts, or the Directors designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Directors designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (b) The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a). (Added Pub. L. 110406,  8(a) Oct. 13, 2008 122 Stat. 4293 CHAPTER 131 RULES OF COURTS    Sec.  2071. Rule-making power generally.  2072. Rules of procedure and evidence; power to prescribe.  2073. Rules of procedure and evidence; method of prescribing.  2074. Rules of procedure and evidence; submission to Congress; effective date.  2075. Bankruptcy rules.  [ 2076. Repealed.]  2077. Publication of rules; advisory committees.  Amendments 1988 Pub. L. 100702, title IV,  401(d) Nov. 19, 1988 102 Stat. 4650 1982 Pub. L. 97164, title II,  208(b) Apr. 2, 1982 96 Stat. 55 1975 Pub. L. 93595,  2(a)(2) Jan. 2, 1975 88 Stat. 1949 1966 Pub. L. 89773,  3 Nov. 6, 1966 80 Stat. 1323 1964 Pub. L. 88623,  2 Oct. 3, 1964 78 Stat. 1001 1954 Act July 27, 1954, ch. 583,  2 68 Stat. 567  2071. Rule-making power generally (a) The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed under section 2072 of this title (b) Any rule prescribed by a court, other than the Supreme Court, under subsection (a) shall be prescribed only after giving appropriate public notice and an opportunity for comment. Such rule shall take effect upon the date specified by the prescribing court and shall have such effect on pending proceedings as the prescribing court may order. (c) (1) A rule of a district court prescribed under subsection (a) shall remain in effect unless modified or abrogated by the judicial council of the relevant circuit. (2) Any other rule prescribed by a court other than the Supreme Court under subsection (a) shall remain in effect unless modified or abrogated by the Judicial Conference. (d) Copies of rules prescribed under subsection (a) by a district court shall be furnished to the judicial council, and copies of all rules prescribed by a court other than the Supreme Court under subsection (a) shall be furnished to the Director of the Administrative Office of the United States Courts and made available to the public. (e) If the prescribing court determines that there is an immediate need for a rule, such court may proceed under this section without public notice and opportunity for comment, but such court shall promptly thereafter afford such notice and opportunity for comment. (f) No rule may be prescribed by a district court other than under this section. ( June 25, 1948, ch. 646 62 Stat. 961 May 24, 1949, ch. 139,  102 63 Stat. 104 Pub. L. 100702, title IV,  403(a)(1) Nov. 19, 1988 102 Stat. 4650  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  219, 263, 296, 307, 723, 731, and 761, and section 1111 of title 26 Mar. 3, 1887, ch. 359,  4 24 Stat. 506 Mar. 3, 1911, ch. 231 36 Stat. 1132 Mar. 3, 1911, ch. 231,  187(a) Oct. 10, 1940, ch. 843,  1 54 Stat. 1101 Feb. 13, 1925, ch. 229,  13 43 Stat. 941 Mar. 2, 1929, ch. 488,  1 45 Stat. 1475 Feb. 10, 1939, ch. 2,  1111 53 Stat. 160 Oct. 21, 1942, ch. 619 56 Stat. 957 Sections 219, 263, 296, 307, 723, and 731 of title 28, U.S.C., 1940 ed., gave specified courts, other than the Supreme Court, power to make rules. Section 761 of such title related to rules established in the district courts and Court of Claims. Section 1111 of title 26 Recognition by Congress of the broad rule-making power of the courts will make it possible for the courts to prescribe complete and uniform modes of procedure, and alleviate, at least in part, the necessity of searching in two places, namely in the Acts of Congress and in the rules of the courts, for procedural requisites. Former Attorney General Cummings recently said: Legislative bodies have neither the time to inquire objectively into the details of judicial procedure nor the opportunity to determine the necessity for amendment or change. Frequently such legislation has been enacted for the purpose of meeting particular problems or supposed difficulties, but the results have usually been confusing or otherwise unsatisfactory. Comprehensive action has been lacking for the obvious reason that the professional nature of the task would leave the legislature little time for matters of substance and statesmanship. It often happened that an admitted need for change, even in limited areas, could not be secured.The New Criminal RulesAnother Triumph of the Democratic Process. American Bar Association Journal, May 1945. Provisions of sections 263 and 296 of title 28, U.S.C., 1940 ed., authorizing the Court of Claims and Customs Court to punish for contempt, were omitted as covered by H. R. 1600,  401, 80th Congress, for revision of the Criminal Code. Provisions of section 1111 of title 26 Sept. 16, 1938 Dempster Mill. Mfg. Co. v. Burnet For rule-making power of the Supreme Court in copyright infringement actions, see section 25(e) of title 17 section 205(a) of title 11 Senate Revision Amendment By Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1111 of Title 26 1949 Act This amendment clarifies section 2071 of title 28 Editorial Notes Amendments 1988 Pub. L. 100702 section 2072 of this title 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100702, title IV,  407 Nov. 19, 1988 102 Stat. 4652 This title [enacting sections 2072 to 2074 of this title, amending this section, sections 331, 332, 372, 604, 636, and 2077 of this title, section 460n8 of Title 16 section 3402 of Title 18 section 2076 of this title December 1, 1988 Effective Date of 1983 Amendment Pub. L. 97462,  4 Jan. 12, 1983 96 Stat. 2530 The amendments made by this Act [enacting provisions set out as notes below, amending Rule 4 of the Federal Rules of Civil Procedure, set out in the Appendix to this title, adding Form 18A in the Appendix of Forms, and amending section 951 of Title 18 Jan. 12, 1983 Short Title of 1983 Amendment Pub. L. 97462,  1 Jan. 12, 1983 96 Stat. 2527 That this Act [enacting provisions set out as notes below, amending Rule 4 of the Federal Rules of Civil Procedure, set out in the Appendix to this title, adding Form 18A in the Appendix of Forms, and amending section 951 of Title 18 Savings Provision Pub. L. 100702, title IV,  406 Nov. 19, 1988 102 Stat. 4652 The rules prescribed in accordance with law before the effective date of this title [ Dec. 1, 1988 Rulemaking Authority of Supreme Court and Judicial Conference Pub. L. 1092,  8 Feb. 18, 2005 119 Stat. 14 Nothing in this Act [see Short Title of 2005 Amendments note set out under section 1 of this title Tax Court Rulemaking Not Affected Pub. L. 100702, title IV,  405 Nov. 19, 1988 102 Stat. 4652 The amendments made by this title [see Effective Date of 1988 Amendment note above] shall not affect the authority of the Tax Court to prescribe rules under section 7453 of the Internal Revenue Code of 1986 [ 26 U.S.C. 7453 Court Rules Admiralty Rules The Rules of Practice in Admiralty and Maritime Cases, promulgated by the Supreme Court on Dec. 20, 1920 Mar. 7, 1921 July 1, 1966 July 1, 1966  2072. Rules of procedure and evidence; power to prescribe (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. (b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. (c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title (Added Pub. L. 100702, title IV,  401(a) Nov. 19, 1988 102 Stat. 4648 Pub. L. 101650, title III Dec. 1, 1990 104 Stat. 5115  Editorial Notes Prior Provisions A prior section 2072, acts June 25, 1948, ch. 646 62 Stat. 961 May 24, 1949, ch. 139,  103 63 Stat. 104 July 18, 1949, ch. 343,  2 63 Stat. 446 May 10, 1950, ch. 174,  2 64 Stat. 158 July 7, 1958 Pub. L. 85508,  12(m) 72 Stat. 348 Nov. 6, 1966 Pub. L. 89773,  1 80 Stat. 1323 Pub. L. 100702 Dec. 1, 1988 Amendments 1990Subsec. (c). Pub. L. 101650 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges substituted for magistrates in subsec. (a) pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date Section effective Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Applicability to Virgin Islands Rules of civil procedure promulgated under this section as applicable to the District Court of the Virgin Islands, see section 1615 of Title 48 Court Rules Admiralty Rules The Rules of Practice in Admiralty and Maritime Cases, promulgated by the Supreme Court on Dec. 20, 1920 Mar. 7, 1921 July 1, 1966 July 1, 1966  2073. Rules of procedure and evidence; method of prescribing (a) (1) The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section. (2) The Judicial Conference may authorize the appointment of committees to assist the Conference by recommending rules to be prescribed under sections 2072 and 2075 of this title. Each such committee shall consist of members of the bench and the professional bar, and trial and appellate judges. (b) The Judicial Conference shall authorize the appointment of a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing committee shall review each recommendation of any other committees so appointed and recommend to the Judicial Conference rules of practice, procedure, and evidence and such changes in rules proposed by a committee appointed under subsection (a)(2) of this section as may be necessary to maintain consistency and otherwise promote the interest of justice. (c) (1) Each meeting for the transaction of business under this chapter by any committee appointed under this section shall be open to the public, except when the committee so meeting, in open session and with a majority present, determines that it is in the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason for so closing the meeting. Minutes of each meeting for the transaction of business under this chapter shall be maintained by the committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made available to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting. (2) Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend. (d) In making a recommendation under this section or under section 2072 or 2075, the body making that recommendation shall provide a proposed rule, an explanatory note on the rule, and a written report explaining the bodys action, including any minority or other separate views. (e) Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title. (Added Pub. L. 100702, title IV,  401(a) Nov. 19, 1988 102 Stat. 4649 Pub. L. 103394, title I,  104(e) Oct. 22, 1994 108 Stat. 4110  Editorial Notes Prior Provisions A prior section 2073, acts June 25, 1948, ch. 646 62 Stat. 961 May 24, 1949, ch. 139,  104 63 Stat. 104 May 10, 1950, ch. 174,  3 64 Stat. 158 Pub. L. 89773,  2 Nov. 6, 1966 80 Stat. 1323 Amendments 1994Subsec. (a)(2). Pub. L. 103394,  104(e)(1) Subsecs. (d), (e). Pub. L. 103394,  104(e)(2) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of Title 11 Effective Date Section effective Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title More Complete Information Regarding Assets of the Estate Pub. L. 1098, title IV,  419 Apr. 20, 2005 119 Stat. 109  (a)  In General. (1)  Disclosure The Judicial Conference of the United States, in accordance with section 2075 of title 28 (2)  Information The information referred to in paragraph (1) is the value, operations, and profitability of any closely held corporation, partnership, or of any other entity in which the debtor holds a substantial or controlling interest. (b)  Purpose The purpose of the rules and reports under subsection (a) shall be to assist parties in interest taking steps to ensure that the debtors interest in any entity referred to in subsection (a)(2) is used for the payment of allowed claims against debtor. Standard Form Disclosure Statement and Plan Pub. L. 1098, title IV,  433 Apr. 20, 2005 119 Stat. 110  Within a reasonable period of time after the date of enactment of this Act [ Apr. 20, 2005 section 101 of title 11 (1) the reasonable needs of the courts, the United States trustee, creditors, and other parties in interest for reasonably complete information; and (2) economy and simplicity for debtors. Uniform Reporting Rules and Forms for Small Business Cases Pub. L. 1098, title IV,  435 Apr. 20, 2005 119 Stat. 111  (a)  Proposal of Rules and Forms The Judicial Conference of the United States shall propose in accordance with section 2073 of title 28 (1) the debtors profitability; (2) the debtors cash receipts and disbursements; and (3) whether the debtor is timely filing tax returns and paying taxes and other administrative expenses when due. (b)  Purpose The rules and forms proposed under subsection (a) shall be designed to achieve a practical balance among (1) the reasonable needs of the bankruptcy court, the United States trustee, creditors, and other parties in interest for reasonably complete information; (2) a small business debtors interest that required reports be easy and inexpensive to complete; and (3) the interest of all parties that the required reports help such debtor to understand such debtors financial condition and plan the [sic] such debtors future.  2074. Rules of procedure and evidence; submission to Congress; effective date (a) The Supreme Court shall transmit to the Congress not later than May 1 of the year in which a rule prescribed under section 2072 is to become effective a copy of the proposed rule. Such rule shall take effect no earlier than December 1 of the year in which such rule is so transmitted unless otherwise provided by law. The Supreme Court may fix the extent such rule shall apply to proceedings then pending, except that the Supreme Court shall not require the application of such rule to further proceedings then pending to the extent that, in the opinion of the court in which such proceedings are pending, the application of such rule in such proceedings would not be feasible or would work injustice, in which event the former rule applies. (b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress. (Added Pub. L. 100702, title IV,  401(a) Nov. 19, 1988 102 Stat. 4649  Editorial Notes Prior Provisions A prior section 2074, act July 27, 1954, ch. 583,  1 68 Stat. 567 Pub. L. 89773,  2 Nov. 6, 1966 80 Stat. 1323 Statutory Notes and Related Subsidiaries Effective Date Section effective Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Amendment to Rule 23 of Federal Rules of Civil Procedure; Effective Date Pub. L. 1092,  7 Feb. 18, 2005 119 Stat. 13 Notwithstanding any other provision of law, the amendments to rule 23 of the Federal Rules of Civil Procedure, which are set forth in the order entered by the Supreme Court of the United States on March 27, 2003 Feb. 18, 2005 December 1, 2003 Modification of Amendments to Federal Rules of Criminal Procedure Proposed April 29, 2002 Pub. L. 107273, div. C, title I,  11019(a) Nov. 2, 2002 116 Stat. 1825 The proposed amendments to the Federal Rules of Criminal Procedure that are embraced by an order entered by the Supreme Court of the United States on April 29, 2002 December 1, 2002 Modification of Amendments to Federal Rules of Evidence Proposed April 29, 1994 Pub. L. 103322, title IV,  40141 Sept. 13, 1994 108 Stat. 1918  (a)  Modification of Proposed Amendment The proposed amendments to the Federal Rules of Evidence that are embraced by an order entered by the Supreme Court of the United States on April 29, 1994 December 1, 1994 (b)  Rule  [Amended Rule 412 of the Federal Rules of Evidence.] (c)  Technical Amendment  [Amended table of contents for the Federal Rules of Evidence.] Modification of Amendments to Federal Rules of Criminal Procedure Proposed April 29, 1994 Pub. L. 103322, title XXIII,  230101 Sept. 13, 1994 108 Stat. 2077  (a)  Modification of Proposed Amendments The proposed amendments to the Federal Rules of Criminal Procedure which are embraced by an order entered by the Supreme Court of the United States on April 29, 1994 December 1, 1994 (b)  In General  [Amended Rule 32 of the Federal Rules of Criminal Procedure.] (c)  Effective Date The amendments made by subsection (b) shall become effective on December 1, 1994 Amendments to Civil Rules Proposed April 30, 1991 Pub. L. 102198,  11 Dec. 9, 1991 105 Stat. 1626  (a)  Technical Amendment Rule 15(c)(3) of the Federal Rules of Civil Procedure for the United States Courts, as transmitted to the Congress by the Supreme Court pursuant to section 2074 of title 28 December 1, 1991 (b)  Amendment to Forms Form 1A, Notice of Lawsuit and Request for Waiver of Service of Summons, and Form 1B, Waiver of Service of Summons, included in the transmittal by the Supreme Court described in subsection (a), shall not be effective and Form 18A, Notice and Acknowledgment for Service by Mail, abrogated by the Supreme Court in such transmittal, effective December 1, 1991 Amendments to Civil Rules Proposed April 28, 1982 Pub. L. 97462,  5 Jan. 12, 1983 96 Stat. 2530 The amendments to the Federal Rules of Civil Procedure [Rule 4], the effective date of which was delayed by the Act entitled An Act to delay the effective date of proposed amendments to rule 4 of the Federal Rules of Civil Procedure, approved August 2, 1982 96 Stat. 246 Pub. L. 97227 Pub. L. 97227 Aug. 2, 1982 96 Stat. 246  That notwithstanding the provisions of section 2072 of title 28 April 28, 1982 October 1, 1983 Sec. 2. This Act shall be effective as of August 1, 1982 August 1, 1982 Aug. 2, 1982 Amendments to Criminal Rules and Rules of Evidence Proposed April 30, 1979 Pub. L. 9642 July 31, 1979 93 Stat. 326  That notwithstanding any provision of section 3771 or 3772 of title 18 of the United States Code or of section 2072, 2075, or 2076 of title 28 of the United States Code to the contrary (1) the amendments proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979 December 1, 1980 (2) the amendment proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979 August 1, 1979 (A) In the matter designated as paragraph (1) of subdivision (d), strike out in accordance with Rule 32.1(a). (B) In the matter designated as paragraph (2) of subdivision (d), strike out in accordance with Rule 32.1(a)(1). Approval and Effective Date of Amendments Proposed April 26, 1976 Pub. L. 9578,  1 July 30, 1977 91 Stat. 319 That notwithstanding the first section of the Act entitled An Act to delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court ( Public Law 94349 July 8, 1976 90 Stat. 822 April 26, 1976 section 4 of Pub. L. 9578 Effective Date of Pub. L. 9578 Pub. L. 9578,  4 July 30, 1977 91 Stat. 322  (a) The first section of this Act [set out as a note above] shall take effect on the date of the enactment of this Act [ July 30, 1977 (b) Sections 2 and 3 of this Act [which amended section 1446 of this title October 1, 1977 Approval and Effective Date of Rules Governing Section 2254 Cases and Section 2255 Proceedings for United States District Courts Pub. L. 94426,  1 Sept. 28, 1976 90 Stat. 1334 That the rules governing section 2254 cases in the United States district courts and the rules governing section 2255 proceedings for the United States district courts, as proposed by the United States Supreme Court, which were delayed by the Act entitled An Act to delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court ( Public Law 94349 section 2255 of title 28 February 1, 1977 Amendments to Criminal Rules Under Supreme Court Order of April 26, 1976 Pub. L. 94349,  1 July 8, 1976 90 Stat. 822 That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code the amendments to rules 6(e), 23, 24, 40.1 and 41(c)(2) of the Rules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976 April 26, 1976 August 1, 1977 August 1, 1976 Postponement of Effective Date of Proposed Rules and Forms Governing Proceedings Under Sections 2254 and 2255 of this Title Pub. L. 94349,  2 July 8, 1976 90 Stat. 822 That, notwithstanding the provisions of section 2072 of title 28 section 2254 of this title section 2255 of this title April 26, 1976 April 26, 1976 Approval and Effective Date of Amendments Proposed April 22, 1974 Pub. L. 9464,  2 July 31, 1975 89 Stat. 370 The amendments proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure [adding rules 12.1, 12.2, and 29.1 and amending rules 4, 9(a), 11, 12, 15, 16, 17(f), 20, 32(a), (c), and (e), and 43] which are embraced in the order of that Court on April 22, 1974 December 1, 1975 August 1, 1975 December 1, 1975 Approval and Effective Date of Amendments Proposed November 20, 1972 December 18, 1972 Pub. L. 93595,  3 Jan. 2, 1975 88 Stat. 1949 The Congress expressly approves the amendments to the Federal Rules of Civil Procedure [Rules 30(c), 32(c), 43, and 44.1] and the amendments to the Federal Rules of Criminal Procedure [Rules 26, 26.1, and 28], which are embraced by the orders entered by the Supreme Court of the United States on November 20, 1972 December 18, 1972 Jan. 2, 1975 Amendments to Criminal Rules Under Supreme Court Order of April 22, 1974 August 1, 1975 Pub. L. 93361 July 30, 1974 88 Stat. 397 That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code, the effective date of the proposed amendments to the Federal Rules of Criminal Procedure which are embraced by the order entered by the United States Supreme Court on April 22, 1974 April 22, 1974 August 1, 1975 Congressional Approval Requirement for Proposed Rules of Evidence for United States Courts and Amendments to Federal Rules of Civil Procedure and Criminal Procedure; Suspension of Effectiveness of Such Rules Pub. L. 9312 Mar. 30, 1973 87 Stat. 9 That notwithstanding any other provisions of law, the Rules of Evidence for United States Courts and Magistrates, the Amendments to the Federal Rules of Civil Procedure, and the Amendments to the Federal Rules of Criminal Procedure, which are embraced by the orders entered by the Supreme Court of the United States on Monday, November 20, 1972 December 18, 1972  2075. Bankruptcy rules  The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11. Such rules shall not abridge, enlarge, or modify any substantive right. The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effective a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress unless otherwise provided by law. The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 (Added Pub. L. 88623,  1 Oct. 3, 1964 78 Stat. 1001 Pub. L. 95598, title II,  247 Nov. 6, 1978 92 Stat. 2672 Pub. L. 103394, title I,  104(f) Oct. 22, 1994 108 Stat. 4110 Pub. L. 1098, title XII,  1232 Apr. 20, 2005 119 Stat. 202  Editorial Notes Amendments 2005 Pub. L. 1098 section 707(b)(2)(C) of title 11 1994 Pub. L. 103394 1978 Pub. L. 95598 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 1098 Apr. 20, 2005 section 1501 of Pub. L. 1098 section 101 of Title 11 Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of Title 11 Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Nov. 6, 1978 section 402(d) of Pub. L. 95598 section 101 of Title 11 Rules Promulgated by Supreme Court Pub. L. 98353, title III,  320 July 10, 1984 98 Stat. 357 The Supreme Court shall prescribe general rules implementing the practice and procedure to be followed under section 707(b) of title 11 Section 2075 of title 28 Applicability of Rules to Cases Under Title 11 Pub. L. 95598, title IV,  405(d) Nov. 6, 1978 92 Stat. 2685 The rules prescribed under section 2075 of title 28 September 30, 1979 Pub. L. 95598 Additional Rulemaking Power Pub. L. 95598, title IV,  410 Nov. 6, 1978 92 Stat. 2687 The Supreme Court may issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system created by this Act [see Tables for complete classification of Pub. L. 95598 [ 2076. Repealed. Pub. L. 100702, title IV,  401(c) Nov. 19, 1988 102 Stat. 4650   Section, added Pub. L. 93595,  2(a)(1) Jan. 2, 1975 88 Stat. 1948 Pub. L. 94149,  2 Dec. 12, 1975 89 Stat. 806 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title  2077. Publication of rules; advisory committees (a) The rules for the conduct of the business of each court of appeals, including the operating procedures of such court, shall be published. Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judicial Conference shall prescribe the fees for sales of copies under section 1913 of this title (b) Each court, except the Supreme Court, that is authorized to prescribe rules of the conduct of such courts business under section 2071 of this title section 5703 of title 5 (Added Pub. L. 97164, title II,  208(a) Apr. 2, 1982 96 Stat. 54 Pub. L. 100702, title IV,  401(b) Nov. 19, 1988 102 Stat. 4650 Pub. L. 101650, title IV,  406 Dec. 1, 1990 104 Stat. 5124  Editorial Notes Amendments 1990Subsec. (b). Pub. L. 101650 1988Subsec. (b). Pub. L. 100702 section 2071 of this title Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101650 Dec. 1, 1990 section 407 of Pub. L. 101650 section 332 of this title Effective Date of 1988 Amendment Amendment by Pub. L. 100702 Dec. 1, 1988 section 407 of Pub. L. 100702 section 2071 of this title Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 133 REVIEWMISCELLANEOUS PROVISIONS    Sec.  2101. Supreme Court; time for appeal or certiorari; docketing; stay.  2102. Priority of criminal case on appeal from State court.  [ 2103. Repealed.]  2104. Reviews of State court decisions.  2105. Scope of review; abatement.  2106. Determination.  2107. Time for appeal to court of appeals.  2108. Proof of amount in controversy.  2109. Quorum of Supreme Court justices absent.  [ 2110. Repealed.]  2111. Harmless error.  2112. Record on review and enforcement of agency orders.  2113. Definition.  Historical and Revision Notes 1949 Act This section inserts in the chapter analysis of chapter 133 of title 28, U.S.C., a new item 2111, in view of the insertion in such title, by another section of this bill, of a new section 2111. Editorial Notes Amendments 1988 Pub. L. 100352,  5(c) June 27, 1988 102 Stat. 663 1982 Pub. L. 97164, title I,  136 Apr. 2, 1982 96 Stat. 41 1970 Pub. L. 91358, title I,  172(a)(2)(B) July 29, 1970 84 Stat. 590 1962 Pub. L. 87669,  2 Sept. 19, 1962 76 Stat. 556 1958 Pub. L. 85791,  1 Aug. 28, 1958 72 Stat. 941 1949 Act May 24, 1949, ch. 139,  105 63 Stat. 104  2101. Supreme Court; time for appeal or certiorari; docketing; stay (a) A direct appeal to the Supreme Court from any decision under section 1253 of this title (b) Any other direct appeal to the Supreme Court which is authorized by law, from a decision of a district court in any civil action, suit or proceeding, shall be taken within thirty days from the judgment, order or decree, appealed from, if interlocutory, and within sixty days if final. (c) Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Supreme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree. A justice of the Supreme Court, for good cause shown, may extend the time for applying for a writ of certiorari for a period not exceeding sixty days. (d) The time for appeal or application for a writ of certiorari to review the judgment of a State court in a criminal case shall be as prescribed by rules of the Supreme Court. (e) An application to the Supreme Court for a writ of certiorari to review a case before judgment has been rendered in the court of appeals may be made at any time before judgment. (f) In any case in which the final judgment or decree of any court is subject to review by the Supreme Court on writ of certiorari, the execution and enforcement of such judgment or decree may be stayed for a reasonable time to enable the party aggrieved to obtain a writ of certiorari from the Supreme Court. The stay may be granted by a judge of the court rendering the judgment or decree or by a justice of the Supreme Court, and may be conditioned on the giving of security, approved by such judge or justice, that if the aggrieved party fails to make application for such writ within the period allotted therefor, or fails to obtain an order granting his application, or fails to make his plea good in the Supreme Court, he shall answer for all damages and costs which the other party may sustain by reason of the stay. (g) The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces shall be as prescribed by rules of the Supreme Court. ( June 25, 1948, ch. 646 62 Stat. 961 May 24, 1949, ch. 139,  106 63 Stat. 104 Pub. L. 98209,  10(b) Dec. 6, 1983 97 Stat. 1406 Pub. L. 100352,  5(b) June 27, 1988 102 Stat. 663 Pub. L. 103337, div. A, title IX,  924(d)(1)(C) Oct. 5, 1994 108 Stat. 2832  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  47, 47a, 349a, 350, 380, 380a, section 29 of title 15 section 45 of title 49 Feb. 11, 1903, ch. 544,  2 32 Stat. 1167 Mar. 3, 1911, ch. 231 36 Stat. 1150 Mar. 4, 1913, ch. 160 37 Stat. 1013 Oct. 22, 1913, ch. 32 38 Stat. 220 Sept. 6, 1916, ch. 448,  6 39 Stat. 727 Feb. 13, 1925, ch. 229 43 Stat. 938 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 June 7, 1934, ch. 426 48 Stat. 936 Aug. 24, 1937, ch. 754 50 Stat. 752 June 9, 1944, ch. 239 58 Stat. 272 Section consolidates section 350 of title 28 section 45 of title 49 Subsection (a) of the revised section is derived from sections 349a and 380a of title 28, U.S.C., 1940 ed. The phrase under rules prescribed by the Supreme Court was substituted for the phrase under such rules as may be prescribed by the proper courts which appeared in both such sections. The Supreme Court by its revised rules 1013 has made adequate provision for filing record and docketing case. (See Revised Rules of the Supreme Court following section 354 of title 28 Subsection (b) is in accord with sections 47 and 47a of title 28, U.S.C., 1940 ed., and section 29 of title 15 section 45 of title 49 Subsection (c), with respect to the time for taking other appeals or petitioning for a writ of certiorari, substitutes, as more specific, the words ninety days for the words three months contained in section 350 of title 28 Commr v. Bedfords Estate In subsection (c), words in a civil action, suit, or proceeding were added because section 350 of title 28 Words or the United States Court of Appeals for the District of Columbia in section 350 of title 28 Words in section 350 of title 28 section 1240 of title 48 Subsection (e) relates only to supersedeas or stay of execution of judgments sought to be reviewed in the Supreme Court on writ of certiorari. Supersedeas or stay of proceedings taken to the Supreme Court by appeal from courts of appeals, or direct appeals from a district court or three-judge courts, is governed by Rule 62 of the Federal Rules of Civil Procedure. Changes were made in phraseology. 1949 Act This section clarifies the meaning of subsection (c) of section 2101 of title 28 The new subsection (d) of section 2101 supplies an omission in revised title 28, U.S.C., and confirms the authority of the Supreme Court to regulate the time for seeking review of State criminal cases. The other amendment merely renumbers subsections (d) and (e) of such section 2101 as subsections (e) and (f), respectively. Editorial Notes Amendments 1994Subsec. (g). Pub. L. 103337 1988Subsec. (a). Pub. L. 100352 1983Subsec. (g). Pub. L. 98209 1949Subsec. (c). Act May 24, 1949 Subsecs. (d) to (f). Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title Effective Date of 1983 Amendment Amendment by Pub. L. 98209 Dec. 6, 1983 section 12(a)(1) of Pub. L. 98209 section 801 of Title 10  2102. Priority of criminal case on appeal from State court  Criminal cases on review from State courts shall have priority, on the docket of the Supreme Court, over all cases except cases to which the United States is a party and such other cases as the court may decide to be of public importance. ( June 25, 1948, ch. 646 62 Stat. 962  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  351 ( Mar. 3, 1911, ch. 231,  253 36 Stat. 1160 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Changes were made in phraseology. [ 2103. Repealed. Pub. L. 100352,  5(c) June 27, 1988 102 Stat. 663   Section, acts June 25, 1948, ch. 646 62 Stat. 962 Sept. 19, 1962 Pub. L. 87669,  1 76 Stat. 556 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective ninety days after June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title  2104. Reviews of State court decisions  A review by the Supreme Court of a judgment or decree of a State court shall be conducted in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree reviewed had been rendered in a court of the United States. ( June 25, 1948, ch. 646 62 Stat. 962 Pub. L. 100352,  5(d)(1) June 27, 1988 102 Stat. 663  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  871 (R.S.,  1003). Words An appeal to were substituted for writs of error from, in view of the abolition of the writ of error. Changes were made in phraseology. Editorial Notes Amendments 1988 Pub. L. 100352 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title  2105. Scope of review; abatement  There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction. ( June 25, 1948, ch. 646 62 Stat. 963  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  879 (R.S.  1011; Feb. 18, 1875, ch. 80,  1 18 Stat. 318 The revised language is substituted for the provisions of section 879 of title 28 Rule 7(c) of the Federal Rules of Civil Procedure abolished all pleas, and the rules adopted the motion as a substitute therefor. Words matters in abatement were, therefore, substituted for the abolished plea in abatement and plea to the jurisdiction. Changes were made in phraseology.  2106. Determination  The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances. ( June 25, 1948, ch. 646 62 Stat. 963  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  344, 876, 877 (R.S.  701; Mar. 3, 1891, ch. 517 26 Stat. 829 Mar. 3, 1911, ch. 231 36 Stat. 1156 Dec. 23, 1914, ch. 2 38 Stat. 790 Sept. 16, 1916, ch. 448,  2 39 Stat. 726 Feb. 17, 1922, ch. 54 42 Stat. 366 Feb. 13, 1925, ch. 229,  1 43 Stat. 937 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Section consolidates part of section 344 of title 28 Words or a court of appeals were inserted after Supreme Court upon authority of United States v. Illinois Surety Co Act of Mar. 3, 1891, ch. 517 28 Stat. 829 The revised section will cover instances where the Supreme Court remands a case to the highest court of a State and to the United States Tax Court. It will also cover a remand of a case to the Court of Claims or the Court of Customs and Patent Appeals. For authority to remand a case to The Tax Court, see Equitable Life Assurance Society of U.S. v. Commissioner of Internal Revenue Revised section will also permit a remand by the Supreme Court to a court of appeals inasmuch as such latter court then would be a lower court. The revised section is in conformity with numerous holdings of the Supreme Court to the effect that such a remand may be made. See especially, Maryland Casualty Co. v. United States Krauss Bros. Co. v. Mellon Buzyuski v. Luckenbach S. S. Co The last sentence of section 876 of title 28 section 1651 of this title Changes were made in phraseology.  2107. Time for appeal to court of appeals (a) Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree. (b) In any such action, suit, or proceeding, the time as to all parties shall be 60 days from such entry if one of the parties is (1) the United States; (2) a United States agency; (3) a United States officer or employee sued in an official capacity; or (4) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on behalf of the United States, including all instances in which the United States represents that officer or employee when the judgment, order, or decree is entered or files the appeal for that officer or employee. (c) The district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause. In addition, if the district court finds (1) that a party entitled to notice of the entry of a judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and (2) that no party would be prejudiced, the district court may, upon motion filed within 180 days after entry of the judgment or order or within 14 days after receipt of such notice, whichever is earlier, reopen the time for appeal for a period of 14 days from the date of entry of the order reopening the time for appeal. (d) This section shall not apply to bankruptcy matters or other proceedings under Title 11. ( June 25, 1948, ch. 646 62 Stat. 963 May 24, 1949, ch. 139 63 Stat. 104 Pub. L. 95598, title II,  248 Nov. 6, 1978 92 Stat. 2672 Pub. L. 102198,  12 Dec. 9, 1991 105 Stat. 1627 Pub. L. 11116,  6(3) May 7, 2009 123 Stat. 1608 Pub. L. 11262,  3 Nov. 29, 2011 125 Stat. 757  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  227a, 230, and section 1142 of title 26 Mar. 3, 1891, ch. 517,  11 26 Stat. 829 Mar. 3, 1911, ch. 231,  129 36 Stat. 1134 Feb. 13, 1925, ch. 229,  8(c) 43 Stat. 940 Feb. 28, 1927, ch. 228 44 Stat. 1261 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Feb. 10, 1939, ch. 2,  1142 53 Stat. 165 Oct. 21, 1942, ch. 619 56 Stat. 957 Section consolidates sections 227a and 230 of title 28, U.S.C., 1940 ed., with section 1142 of title 26 section 1292 of this title Section 227a of title 28 section 230 of title 28 Section 1142 of title 26 June 6, 1932 Words in an action, suit, or proceeding of a civil nature were added in view of Rule 37 of the Federal Rules of Criminal Procedure prescribing a different limitation for criminal appeals. Words notice of appeal is filed were substituted for provisions of sections 230 of title 28, U.S.C., 1940 ed., and 1142 of title 26, U.S.C., 1940 ed., for petition and allowance of appeal in order to eliminate the useless paper work involved in a pro forma application for appeal and perfunctory allowance of the same. The effect of the section is to require appeals to the courts of appeals in all cases to be taken by filing notice of appeal. See Rule 73(b) of Federal Rules of Civil Procedure. The case of Mosier v. Federal Reserve Bank of New York section 230 of title 28 Word order was added, in two places, after judgment so as to make the section cover all appeals of which the courts of appeals have jurisdiction, as set forth in section 1291 et seq. of this title. The last paragraph was added in conformity with section 48 of title 11 The third paragraph was inserted to conform to the existing practice in Admiralty upon the recommendation of the Committee on the Federal Courts of the New York County Lawyers Association. The time for appeal to the Court of Customs and Patent Appeals in patent and trade-mark cases is governed by section 89 of title 15 section 60 of title 35 section 2601 of this title Changes were made in phraseology. Senate Revision Amendment By Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1142 of title 26 1949 Act This amendment to section 2107 of title 28 This amendment eliminates as surplusage the words in any such action, suit or proceeding, from the fourth paragraph of section 2107 of title 28 Editorial Notes Amendments 2011Subsec. (b). Pub. L. 11262 2009Subsec. (c). Pub. L. 11116 1991 Pub. L. 102198 In any action, suit or proceeding in admiralty, the notice of appeal shall be filed within ninety days after the entry of the order, judgment or decree appealed from, if it is a final decision, and within fifteen days after its entry if it is an interlocutory decree. The district court may extend the time for appeal not exceeding thirty days from the expiration of the original time herein prescribed, upon a showing of excusable neglect based on failure of a party to learn of the entry of the judgment, order or decree. 1978 Pub. L. 95598 section 402(b) of Pub. L. 95598 section 101 of Title 11 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 11262,  4 Nov. 29, 2011 125 Stat. 757 The amendment made by this Act [amending this section] shall take effect on December 1, 2011 Effective Date of 2009 Amendment Amendment by Pub. L. 11116 Dec. 1, 2009 section 7 of Pub. L. 11116 section 109 of Title 11 Findings Pub. L. 11262,  2 Nov. 29, 2011 125 Stat. 756  Congress finds that (1)  section 2107 of title 28 (2) the 60-day period should apply if one of the parties is (A) the United States; (B) a United States agency; (C) a United States officer or employee sued in an official capacity; or (D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on behalf of the United States; (3)  section 2107 of title 28 December 1, 2011 (4) the civil actions to which the 60-day periods should apply include all civil actions in which a legal officer of the United States represents the relevant officer or employee when the judgment or order is entered or in which the United States files the appeal for that officer or employee; and (5) the application of the 60-day period in section 2107 of title 28 (A) is not limited to civil actions in which representation of the United States is provided by the Department of Justice; and (B) includes all civil actions in which the representation of the United States is provided by a Federal legal officer acting in an official capacity, such as civil actions in which a Member, officer, or employee of the Senate or the House of Representatives is represented by the Office of Senate Legal Counsel or the Office of General Counsel of the House of Representatives.  2108. Proof of amount in controversy  Where the power of any court of appeals to review a case depends upon the amount or value in controversy, such amount or value, if not otherwise satisfactorily disclosed upon the record, may be shown and ascertained by the oath of a party to the case or by other competent evidence. ( June 25, 1948, ch. 646 62 Stat. 963  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  231 ( Feb. 13, 1925, ch. 229,  9 43 Stat. 941 Words or in the Supreme Court were omitted. Section 7 of the 1925 act containing such words related to review by the Supreme Court of the United States of decisions of the Supreme Court of the Philippine Islands and designated a certain jurisdictional amount. Such section 7 has now become obsolete, in view of the recognition of the independence of the Philippines, title 48 U.S.C., 1940 ed.,  1240, Territories and Insular Possessions, and there is no other case wherein the power of the Supreme Court to review depends on the amount or value in controversy.  2109. Quorum of Supreme Court justices absent  If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title. In any other case brought to the Supreme Court for review, which cannot be heard and determined because of the absence of a quorum of qualified justices, if a majority of the qualified justices shall be of opinion that the case cannot be heard and determined at the next ensuing term, the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court. ( June 25, 1948, ch. 646 62 Stat. 963  Historical and Revision Notes Based on portions of section 29 of title 15 section 45 of title 49 Feb. 11, 1903, ch. 544,  2 32 Stat. 823 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 June 9, 1944, ch. 239 58 Stat. 272 Section consolidates portions of section 29 of title 15 section 45 of title 49 The revised section includes the principal provisions of sections 29 and 45 of titles 15 and 49, U.S.C., 1940 ed., respectively, in case of the absence of a quorum of qualified Justices of the Supreme Court. Sections 29 and 45 of titles 15 and 49, U.S.C., 1940 ed., respectively, were identical and were applicable only to decisions of three-judge courts in antitrust cases under section 107 of said title 15 and Interstate Commerce cases under sections 1, 8, and 12 of said title 49, or any other acts having a like purpose that may hereinafter be enacted. The revised section broadens and extends the application of such provisions to include any case involving a direct appeal to the Supreme Court from the decision of a district court or a district court of three judges which cannot be heard and determined because of the absence of a quorum of qualified justices. It includes direct appeals in criminal cases under section 3731 of title 18 Sections 29 and 45 of titles 15 and 49, U.S.C., 1940 ed., respectively provided that the Supreme Court certify the case to the Circuit Court of Appeals and that the Senior Circuit Judge, qualified to participate should designate himself and two other circuit judges next in order of seniority. Other provisions were made for designation of circuit judges from other circuits in case of insufficient circuit judges being available in the circuit. The revised section permits the Chief Justice of the United States to designate the court of appeals to hear the case in banc or by means of a specially constituted court of appeals composed of the three circuit judges senior in commission who are able to sit. In case of disqualification or disability, the court shall be filled by designation and assignment as provided in chapter 15 of this title. The provisions of section 29 of title 15 section 45 of title 49 section 2101 of this title The second paragraph of the revised section is new. It recognizes the necessity of final disposition of litigation in which appellate review has been had and further review by the Supreme Court is impossible for lack of a quorum of qualified justices. [ 2110. Repealed. Pub. L. 97164, title I,  136 Apr. 2, 1982 96 Stat. 41   Section, acts June 25, 1948, ch. 646 62 Stat. 964 May 24, 1949, ch. 139,  109 63 Stat. 105 section 1504 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2111. Harmless error  On the hearing of any appeal or writ of certiorari in any case, the court shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties. (Added May 24, 1949, ch. 139,  110 63 Stat. 105  Historical and Revision Notes 1949 Act Incorporates in title 28, U.S.C., as section 2111 thereof, the harmless error provisions of section 269 of the Judicial Code (now repealed), which applied to all courts of the United States and to all cases therein and therefore was superseded only in part by the Federal Procedural Rules, which apply only to the United States district courts.  2112. Record on review and enforcement of agency orders (a) The rules prescribed under the authority of section 2072 of this title (1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in only one court of appeals, the agency, board, commission, or officer shall file the record in that court notwithstanding the institution in any other court of appeals of proceedings for review of that order. In all other cases in which proceedings have been instituted in two or more courts of appeals with respect to the same order, the agency, board, commission, or officer concerned shall file the record in the court in which proceedings with respect to the order were first instituted. (2) For purposes of paragraph (1) of this subsection, a copy of the petition or other pleading which institutes proceedings in a court of appeals and which is stamped by the court with the date of filing shall constitute the petition for review. Each agency, board, commission, or officer, as the case may be, shall designate by rule the office and the officer who must receive petitions for review under paragraph (1). (3) If an agency, board, commission, or officer receives two or more petitions for review of an order in accordance with the first sentence of paragraph (1) of this subsection, the agency, board, commission, or officer shall, promptly after the expiration of the ten-day period specified in that sentence, so notify the judicial panel on multidistrict litigation authorized by section 1407 of this title (4) Any court of appeals in which proceedings with respect to an order of an agency, board, commission, or officer have been instituted may, to the extent authorized by law, stay the effective date of the order. Any such stay may thereafter be modified, revoked, or extended by a court of appeals designated pursuant to paragraph (3) with respect to that order or by any other court of appeals to which the proceedings are transferred. (5) All courts in which proceedings are instituted with respect to the same order, other than the court in which the record is filed pursuant to this subsection, shall transfer those proceedings to the court in which the record is so filed. For the convenience of the parties in the interest of justice, the court in which the record is filed may thereafter transfer all the proceedings with respect to that order to any other court of appeals. (b) The record to be filed in the court of appeals in such a proceeding shall consist of the order sought to be reviewed or enforced, the findings or report upon which it is based, and the pleadings, evidence, and proceedings before the agency, board, commission, or officer concerned, or such portions thereof (1) as the rules prescribed under the authority of section 2072 of this title section 2072 of this title (c) The agency, board, commission, or officer concerned may transmit to the court of appeals the original papers comprising the whole or any part of the record or any supplemental record, otherwise true copies of such papers certified by an authorized officer or deputy of the agency, board, commission, or officer concerned shall be transmitted. Any original papers thus transmitted to the court of appeals shall be returned to the agency, board, commission, or officer concerned upon the final determination of the review or enforcement proceeding. Pending such final determination any such papers may be returned by the court temporarily to the custody of the agency, board, commission, or officer concerned if needed for the transaction of the public business. Certified copies of any papers included in the record or any supplemental record may also be returned to the agency, board, commission, or officer concerned upon the final determination of review or enforcement proceedings. (d) The provisions of this section are not applicable to proceedings to review decisions of the Tax Court of the United States or to proceedings to review or enforce those orders of administrative agencies, boards, commissions, or officers which are by law reviewable or enforceable by the district courts. (Added Pub. L. 85791,  2 Aug. 28, 1958 72 Stat. 941 Pub. L. 89773,  5(a) Nov. 6, 1966 80 Stat. 1323 Pub. L. 100236,  1 Jan. 8, 1988 101 Stat. 1731  Editorial Notes Amendments 1988Subsec. (a). Pub. L. 100236 1966Subsec. (a). Pub. L. 89773,  5(a) section 2072 of this title section 2072 of this title Subsec. (b). Pub. L. 89773,  5(b) section 2072 of this title Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100236,  3 Jan. 8, 1988 101 Stat. 1732 The amendments made by this Act [amending this section and section 1369 of Title 33 section 2112 of title 28 Savings Provision Pub. L. 89773,  5(c) Nov. 6, 1966 80 Stat. 1323 The amendments of section 2112 of title 28 Nov. 6, 1966 section 2072 of title 28  2113. Definition  For purposes of this chapter, the terms State court, State courts, and highest court of a State include the District of Columbia Court of Appeals. (Added Pub. L. 91358, title I,  172(a)(2)(A) July 29, 1970 84 Stat. 590  Statutory Notes and Related Subsidiaries Effective Date Section effective the first day of the seventh calendar month which begins after July 29, 1970 section 199(a) of Pub. L. 91358 section 1257 of this title PART VI PARTICULAR PROCEEDINGS    Chap. Sec.  151. Declaratory Judgments 2201  153. Habeas Corpus 2241  154. Special habeas corpus procedures in capital cases 2261. 1 1  155. Injunctions; Three-Judge Courts 2281  157. Surface Transportation Board Orders; Enforcement and Review 2321  158. Orders of Federal Agencies; Review 2341  159. Interpleader 2361  161. United States as Party Generally 2401  163. Fines, Penalties and Forfeitures 2461  165. United States Court of Federal Claims Procedure 2501  [ 167. Repealed.]  169. Court of International Trade Procedure 2631  171. Tort Claims Procedure 2671  173. Attachment in Postal Suits 2710  [ 175. Repealed.]  176. Federal Debt Collection Procedure 3001  178. Professional and Amateur Sports Protection 3701  179. Judicial Review of Certain Actions by Presidential Offices 3901  180. Assumption of Certain Contractual Obligations 4001  181. Foreign judgments 2 2 4101. 1  190. Miscellaneous 5001  Senate Revision Amendment Chapters 169, 171 and 173 were renumbered 167, 169 and 171, respectively, without change in their section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 2014 Pub. L. 113287,  4(b)(2) Dec. 19, 2014 128 Stat. 3261 2010 Pub. L. 111223,  3(c) Aug. 10, 2010 124 Stat. 2384 2000 Pub. L. 106310, div. B, title XXXIV,  3405(c)(2) Oct. 17, 2000 114 Stat. 1221 1998 Pub. L. 105304, title IV,  406(b) Oct. 28, 1998 112 Stat. 2905 1996 Pub. L. 104331,  3(e) Oct. 26, 1996 110 Stat. 4071 Pub. L. 104132, title I,  107(b) Apr. 24, 1996 110 Stat. 1226 Pub. L. 104294, title VI,  605(k) Oct. 11, 1996 110 Stat. 3510 1995 Pub. L. 10488, title III,  305(c)(2) Dec. 29, 1995 109 Stat. 945 1992 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 102559,  2(b) Oct. 28, 1992 106 Stat. 4228 1990 Pub. L. 101647, title XXXVI,  3302 [3612] Nov. 29, 1990 104 Stat. 4964 1982 Pub. L. 97164, title I o Apr. 2, 1982 96 Stat. 44 1980 Pub. L. 96417, title V,  501(25) Oct. 10, 1980 94 Stat. 1742 1966 Pub. L. 89793, title VI,  603 Nov. 8, 1966 80 Stat. 1450 Pub. L. 89554,  4(d) Sept. 6, 1966 80 Stat. 621 1960 Pub. L. 86682,  10 Sept. 2, 1960 74 Stat. 708 CHAPTER 151 DECLARATORY JUDGMENTS    Sec.  2201. Creation of remedy.  2202. Further relief.  2201. Creation of remedy (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. (b) For limitations on actions brought with respect to drug patents see section 505 or 512 of the Federal Food, Drug, and Cosmetic Act, or section 351 of the Public Health Service Act. ( June 25, 1948, ch. 646 62 Stat. 964 May 24, 1949, ch. 139,  111 63 Stat. 105 Aug. 28, 1954, ch. 1033 68 Stat. 890 Pub. L. 85508,  12(p) July 7, 1958 72 Stat. 349 Pub. L. 94455, title XIII,  1306(b)(8) Oct. 4, 1976 90 Stat. 1719 Pub. L. 95598, title II,  249 Nov. 6, 1978 92 Stat. 2672 Pub. L. 98417, title I,  106 Sept. 24, 1984 98 Stat. 1597 Pub. L. 100449, title IV,  402(c) Sept. 28, 1988 102 Stat. 1884 Pub. L. 100670, title I,  107(b) Nov. 16, 1988 102 Stat. 3984 Pub. L. 103182, title IV,  414(b) Dec. 8, 1993 107 Stat. 2147 Pub. L. 111148, title VII,  7002(c)(2) Mar. 23, 2010 124 Stat. 816 Pub. L. 116113, title IV,  423(b) Jan. 29, 2020 134 Stat. 66  Amendment of Section For termination of amendment by section 501(c) of Pub. L. 100449 Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  400 ( Mar. 3, 1911, ch. 231,  274d June 14, 1934, ch. 512 48 Stat. 955 Aug. 30, 1935, ch. 829,  405 49 Stat. 1027 This section is based on the first paragraph of section 400 of title 28 section 2202 of this title While this section does not exclude declaratory judgments with respect to State taxes, such suits will not ordinarily be entertained in the courts of the United States where State law makes provision for payment under protest and recovery back or otherwise affords adequate remedy in the State courts. See Great Lakes Dredge & Dock Co. v. Huffman Spector Motor Service v. McLaughlin section 1341 of this title Changes were made in phraseology. 1949 Act Section corrects a typographical error in section 2201 of title 28 Editorial Notes  References in Text Section 7428 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 7428 of Title 26 Section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1516a(f)(9) of Title 19 Sections 505 and 512 of the Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), are classified to sections 355 and 360b, respectively, of Title 21, Food and Drugs. Section 351 of the Public Health Service Act, referred to in subsec. (b), is classified to section 262 of Title 42 Amendments 2020Subsec. (a). Pub. L. 116113 2010Subsec. (b). Pub. L. 111148 1993Subsec. (a). Pub. L. 103182 1988Subsec. (a). Pub. L. 100449 Subsec. (b). Pub. L. 100670 1984 Pub. L. 98417 1978 Pub. L. 95598 1976 Pub. L. 94455 1958 Pub. L. 85508 section 81A of this title 1954Act Aug. 28, 1954 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by Pub. L. 116113 July 1, 2020 section 1516a of Title 19 section 432 of Pub. L. 116113 section 1516a of Title 19 Effective Date of 1993 Amendment Amendment by Pub. L. 103182 Jan. 1, 1994 section 1516a(a)(2)(B)(vi) of Title 19 section 416 of Pub. L. 103182 section 3431 of Title 19 Effective and Termination Dates of 1988 Amendment Amendment by Pub. L. 100449 Jan. 1, 1989 Pub. L. 100449 section 2112 of Title 19 Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(c) of Pub. L. 95598 section 101 of Title 11 Effective Date of 1976 Amendment Amendment by Pub. L. 94455 Oct. 4, 1976 Jan. 1, 1976 section 1306(c) of Pub. L. 94455 section 7428 of Title 26 Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48 Effect of Termination of USMCA Country Status For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116113 section 4601 of Title 19 Amount in Controversy Jurisdictional amount in diversity of citizenship cases, see section 1332 of this title  2202. Further relief  Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. ( June 25, 1948, ch. 646 62 Stat. 964  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  400 ( Mar. 3, 1911, ch. 231,  274d June 14, 1934, ch. 512 48 Stat. 955 Aug. 30, 1935, ch. 829,  405 49 Stat. 1027 This section is based on the second paragraph of section 400 of title 28 section 2201 of this title Provision in said section 400 that the court shall require adverse parties whose rights are adjudicated to show cause why further relief should not be granted forthwith, were omitted as unnecessary and covered by the revised section. Provisions relating to submission of interrogatories to a jury were omitted as covered by rule 49 of the Federal Rules of Civil Procedure. Changes were made in phraseology. CHAPTER 153 HABEAS CORPUS    Sec.  2241. Power to grant writ.  2242. Application.  2243. Issuance of writ; return; hearing; decision.  2244. Finality of determination.  2245. Certificate of trial judge admissible in evidence.  2246. Evidence; depositions; affidavits.  2247. Documentary evidence.  2248. Return or answer; conclusiveness.  2249. Certified copies of indictment, plea and judgment; duty of respondent.  2250. Indigent petitioner entitled to documents without cost.  2251. Stay of State court proceedings.  2252. Notice.  2253. Appeal.  2254. State custody; remedies in Federal courts.  2255. Federal custody; remedies on motion attacking sentence.  [ 2256. Omitted.]  Senate Revision Amendment Chapter catchline was changed by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1978 Pub. L. 95598, title II,  250(b) Nov. 6, 1978 92 Stat. 2672 section 402(b) of Pub. L. 95598 section 101 of Title 11 1966 Pub. L. 89711,  3 Nov. 2, 1966 80 Stat. 1106  2241. Power to grant writ (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had. (b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it. (c) The writ of habeas corpus shall not extend to a prisoner unless (1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or (2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or (3) He is in custody in violation of the Constitution or laws or treaties of the United States; or (4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or (5) It is necessary to bring him into court to testify or for trial. (d) Where an application for a writ of habeas corpus is made by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him and each of such district courts shall have concurrent jurisdiction to entertain the application. The district court for the district wherein such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the application to the other district court for hearing and determination. (e) (1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. (2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 ( 10 U.S.C. 801 ( June 25, 1948, ch. 646 62 Stat. 964 May 24, 1949, ch. 139,  112 63 Stat. 105 Pub. L. 89590 Sept. 19, 1966 80 Stat. 811 Pub. L. 109148, div. A, title X,  1005(e)(1) Dec. 30, 2005 119 Stat. 2741 Pub. L. 109163, div. A, title XIV,  1405(e)(1) Jan. 6, 2006 119 Stat. 3477 Pub. L. 109366,  7(a) Oct. 17, 2006 120 Stat. 2635 Pub. L. 110181, div. A, title X,  1063(f) Jan. 28, 2008 122 Stat. 323  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  451, 452, 453 (R.S.  751, 752, 753; Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Feb. 13, 1925, ch. 229,  6 43 Stat. 940 Section consolidates sections 451, 452 and 453 of title 28, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation. Words for the purpose of an inquiry into the cause of restraint of liberty in section 452 of title 28 Subsection (b) was added to give statutory sanction to orderly and appropriate procedure. A circuit judge who unnecessarily entertains applications which should be addressed to the district court, thereby disqualifies himself to hear such matters on appeal and to that extent limits his usefulness as a judge of the court of appeals. The Supreme Court and Supreme Court Justices should not be burdened with applications for writs cognizable in the district courts. 1949 Act This section inserts commas in certain parts of the text of subsection (b) of section 2241 of title 28 Editorial Notes  References in Text Section 1005(e) of the Detainee Treatment Act of 2005, referred to in subsec. (e)(2), is section 1005(e) of title X of div. A of Pub. L. 109148 section 801 of Title 10 Constitutionality For information regarding the constitutionality of certain provisions of this section, as added and amended by section 1005(e)(1) of Pub. L. 109148 section 7(a) of Pub. L. 109366 Amendments 2008Subsec. (e). Pub. L. 110181 Pub. L. 109366,  7(a) 2006Subsec. (e). Pub. L. 109366,  7(a) Pub. L. 110181 Subsec. (e). Pub. L. 109163 2005Subsec. (e). Pub. L. 109148 1966Subsec. (d). Pub. L. 89590 1949Subsec. (b). Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109366,  7(b) Oct. 17, 2006 120 Stat. 2636 The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Oct. 17, 2006 September 11, 2001 Treaty Obligations Not Establishing Grounds for Certain Claims Pub. L. 109366,  5 Oct. 17, 2006 120 Stat. 2631  (a)  In General No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories. (b)  Geneva Conventions Defined In this section, the term Geneva Conventions means (1) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva August 12, 1949 (2) the Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of the Armed Forces at Sea, done at Geneva August 12, 1949 (3) the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (4) the Convention Relative to the Protection of Civilian Persons in Time of War, done at Geneva August 12, 1949  2242. Application  Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf. It shall allege the facts concerning the applicants commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, if known. It may be amended or supplemented as provided in the rules of procedure applicable to civil actions. If addressed to the Supreme Court, a justice thereof or a circuit judge it shall state the reasons for not making application to the district court of the district in which the applicant is held. ( June 25, 1948, ch. 646 62 Stat. 965  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  454 (R.S.  754). Words or by someone acting in his behalf were added. This follows the actual practice of the courts, as set forth in United States ex rel. Funaro v. Watchorn Collins v. Traeger The third paragraph is new. It was added to conform to existing practice as approved by judicial decisions. See Dorsey v. Gill Holiday v. Johnston Changes were made in phraseology.  2243. Issuance of writ; return; hearing; decision  A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto. The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed. The person to whom the writ or order is directed shall make a return certifying the true cause of the detention. When the writ or order is returned a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed. Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts. The return and all suggestions made against it may be amended, by leave of court, before or after being filed. The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require. ( June 25, 1948, ch. 646 62 Stat. 965  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  455, 456, 457, 458, 459, 460, and 461 (R.S.  755761). Section consolidates sections 455461 of title 28, U.S.C., 1940 ed. The requirement for return within 3 days unless for good cause additional time, not exceeding 20 days is allowed in the second paragraph, was substituted for the provision of such section 455 which allowed 3 days for return if within 20 miles, 10 days if more than 20 but not more than 100 miles, and 20 days if more than 100 miles distant. Words unless for good cause additional time is allowed in the fourth paragraph, were substituted for words unless the party petitioning requests a longer time in section 459 of title 28 The fifth paragraph providing for production of the body of the detained person at the hearing is in conformity with Walker v. Johnston Changes were made in phraseology.  2244. Finality of determination (a) No circuit or district judge shall be required to entertain an application for a writ of habeas corpus to inquire into the detention of a person pursuant to a judgment of a court of the United States if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application for a writ of habeas corpus, except as provided in section 2255. (b) (1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. (2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless (A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B) (i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. (3) (A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application. (B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals. (C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection. (D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion. (E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari. (4) A district court shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section. (c) In a habeas corpus proceeding brought in behalf of a person in custody pursuant to the judgment of a State court, a prior judgment of the Supreme Court of the United States on an appeal or review by a writ of certiorari at the instance of the prisoner of the decision of such State court, shall be conclusive as to all issues of fact or law with respect to an asserted denial of a Federal right which constitutes ground for discharge in a habeas corpus proceeding, actually adjudicated by the Supreme Court therein, unless the applicant for the writ of habeas corpus shall plead and the court shall find the existence of a material and controlling fact which did not appear in the record of the proceeding in the Supreme Court and the court shall further find that the applicant for the writ of habeas corpus could not have caused such fact to appear in such record by the exercise of reasonable diligence. (d) (1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. (2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection. ( June 25, 1948, ch. 646 62 Stat. 965 Pub. L. 89711,  1 Nov. 2, 1966 80 Stat. 1104 Pub. L. 104132, title I Apr. 24, 1996 110 Stat. 1217  Historical and Revision Notes This section makes no material change in existing practice. Notwithstanding the opportunity open to litigants to abuse the writ, the courts have consistently refused to entertain successive nuisance applications for habeas corpus. It is derived from H.R. 4232 introduced in the first session of the Seventy-ninth Congress by Chairman Hatton Sumners of the Committee on the Judiciary and referred to that Committee. The practice of suing out successive, repetitious, and unfounded writs of habeas corpus imposes an unnecessary burden on the courts. See Dorsey v. Gill July 1, 1939 Senate Revision Amendments Section amended to modify original language which denied Federal judges power to entertain application for writ where legality of detention had been determined on prior application and later application presented no new grounds, and to omit reference to rehearing in section catch line and original provision authorizing hearing judge to grant rehearing. 80th Congress, Senate Report No. 1559, Amendment No. 45. Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104132,  106(a) Subsec. (b). Pub. L. 104132,  106(b) Subsec. (d). Pub. L. 104132,  101 1966 Pub. L. 89711  2245. Certificate of trial judge admissible in evidence  On the hearing of an application for a writ of habeas corpus to inquire into the legality of the detention of a person pursuant to a judgment the certificate of the judge who presided at the trial resulting in the judgment, setting forth the facts occurring at the trial, shall be admissible in evidence. Copies of the certificate shall be filed with the court in which the application is pending and in the court in which the trial took place. ( June 25, 1948, ch. 646 62 Stat. 966  Historical and Revision Notes This section makes no substantive change in existing law. It is derived from H.R. 4232 introduced in the first session of the Seventy-ninth Congress by Chairman Sumners of the House Committee on the Judiciary. It clarifies existing law and promotes uniform procedure.  2246. Evidence; depositions; affidavits  On application for a writ of habeas corpus, evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit. If affidavits are admitted any party shall have the right to propound written interrogatories to the affiants, or to file answering affidavits. ( June 25, 1948, ch. 646 62 Stat. 966  Historical and Revision Notes This section is derived from H.R. 4232 introduced in the first session of the Seventy-ninth Congress by Chairman Sumners of the House Committee on the Judiciary. It clarifies existing practice without substantial change.  2247. Documentary evidence  On application for a writ of habeas corpus documentary evidence, transcripts of proceedings upon arraignment, plea and sentence and a transcript of the oral testimony introduced on any previous similar application by or in behalf of the same petitioner, shall be admissible in evidence. ( June 25, 1948, ch. 646 62 Stat. 966  Historical and Revision Notes Derived from H.R. 4232, Seventy-ninth Congress, first session. It is declaratory of existing law and practice.  2248. Return or answer; conclusiveness  The allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true. ( June 25, 1948, ch. 646 62 Stat. 966  Historical and Revision Notes Derived from H.R. 4232, Seventy-ninth Congress, first session. At common law the return was conclusive and could not be controverted but it is now almost universally held that the return is not conclusive of the facts alleged therein. 39 C.J.S. pp. 664666,  98, 99.  2249. Certified copies of indictment, plea and judgment; duty of respondent  On application for a writ of habeas corpus to inquire into the detention of any person pursuant to a judgment of a court of the United States, the respondent shall promptly file with the court certified copies of the indictment, plea of petitioner and the judgment, or such of them as may be material to the questions raised, if the petitioner fails to attach them to his petition, and same shall be attached to the return to the writ, or to the answer to the order to show cause. ( June 25, 1948, ch. 646 62 Stat. 966  Historical and Revision Notes Derived from H.R. 4232, Seventy-ninth Congress, first session. It conforms to the prevailing practice in habeas corpus proceedings.  2250. Indigent petitioner entitled to documents without cost  If on any application for a writ of habeas corpus an order has been made permitting the petitioner to prosecute the application in forma pauperis, the clerk of any court of the United States shall furnish to the petitioner without cost certified copies of such documents or parts of the record on file in his office as may be required by order of the judge before whom the application is pending. ( June 25, 1948, ch. 646 62 Stat. 966  Historical and Revision Notes Derived from H.R. 4232, Seventy-ninth Congress, first session. It conforms to the prevailing practice.  2251. Stay of State court proceedings (a)  In General. (1)  Pending matters A justice or judge of the United States before whom a habeas corpus proceeding is pending, may, before final judgment or after final judgment of discharge, or pending appeal, stay any proceeding against the person detained in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding. (2)  Matter not pending For purposes of this section, a habeas corpus proceeding is not pending until the application is filed. (3)  Application for appointment of counsel If a State prisoner sentenced to death applies for appointment of counsel pursuant to section 3599(a)(2) of title 18 (b)  No Further Proceedings After the granting of such a stay, any such proceeding in any State court or by or under the authority of any State shall be void. If no stay is granted, any such proceeding shall be as valid as if no habeas corpus proceedings or appeal were pending. ( June 25, 1948, ch. 646 62 Stat. 966 Pub. L. 109177, title V,  507(f) Mar. 9, 2006 120 Stat. 251  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  465 (R.S.  766; Mar. 3, 1893, ch. 226 27 Stat. 751 Feb. 13, 1925, ch. 229,  8(c) 43 Stat. 940 June 19, 1934, ch. 673 48 Stat. 1177 Provisions relating to proceedings pending in 1934 were deleted as obsolete. A provision requiring an appeal to be taken within 3 months was omitted as covered by sections 2101 and 2107 of this title. Changes were made in phraseology. Editorial Notes Amendments 2006 Pub. L. 109177 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109177, title V,  507(d) Mar. 9, 2006 120 Stat. 251  (1)  In general This section [enacting section 2265 of this title section 2265 of this title Mar. 9, 2006 (2)  Time limits In a case pending on the date of enactment of this Act, if the amendments made by this section establish a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act.  2252. Notice  Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge at the time of issuing the writ shall direct. ( June 25, 1948, ch. 646 62 Stat. 967  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  462 (R.S.  762). Section 462 of title 28 section 453 of title 28 Provision for making due proof of such service was omitted as unnecessary. The sheriffs or marshals return is sufficient. Changes were made in phraseology.  2253. Appeal (a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held. (b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such persons detention pending removal proceedings. (c) (1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from (A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or (B) the final order in a proceeding under section 2255. (2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right. (3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2). ( June 25, 1948, ch. 646 62 Stat. 967 May 24, 1949, ch. 139,  113 63 Stat. 105 Oct. 31, 1951, ch. 655,  52 65 Stat. 727 Pub. L. 104132, title I,  102 Apr. 24, 1996 110 Stat. 1217  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  463(a) and 466 ( Mar. 10, 1908, ch. 76 Feb. 13, 1925, ch. 229 43 Stat. 940 June 29, 1938, ch. 806 52 Stat. 1232 This section consolidates paragraph (a) of section 463, and section 466 of title 28 The last two sentences of section 463(a) of title 28 section 452 of title 28 section 2241 of this title Changes were made in phraseology. 1949 Act This section corrects a typographical error in the second paragraph of section 2253 of title 28 Editorial Notes Amendments 1996 Pub. L. 104132 In a habeas corpus proceeding before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where the proceeding is had. There shall be no right of appeal from such an order in a proceeding to test the validity of a warrant to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of his detention pending removal proceedings. An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. 1951Act Oct. 31, 1951 section 3042 of Title 18 1949Act May 24, 1949  2254. State custody; remedies in Federal courts (a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States. (b) (1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that (A) the applicant has exhausted the remedies available in the courts of the State; or (B) (i) there is an absence of available State corrective process; or (ii) circumstances exist that render such process ineffective to protect the rights of the applicant. (2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State. (3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement. (c) An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question presented. (d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. (e) (1) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual issue made by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence. (2) If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that (A) the claim relies on (i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and (B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. (f) If the applicant challenges the sufficiency of the evidence adduced in such State court proceeding to support the State courts determination of a factual issue made therein, the applicant, if able, shall produce that part of the record pertinent to a determination of the sufficiency of the evidence to support such determination. If the applicant, because of indigency or other reason is unable to produce such part of the record, then the State shall produce such part of the record and the Federal court shall direct the State to do so by order directed to an appropriate State official. If the State cannot provide such pertinent part of the record, then the court shall determine under the existing facts and circumstances what weight shall be given to the State courts factual determination. (g) A copy of the official records of the State court, duly certified by the clerk of such court to be a true and correct copy of a finding, judicial opinion, or other reliable written indicia showing such a factual determination by the State court shall be admissible in the Federal court proceeding. (h) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel for an applicant who is or becomes financially unable to afford counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18 (i) The ineffectiveness or incompetence of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254. ( June 25, 1948, ch. 646 62 Stat. 967 Pub. L. 89711,  2 Nov. 2, 1966 80 Stat. 1105 Pub. L. 104132, title I,  104 Apr. 24, 1996 110 Stat. 1218  Historical and Revision Notes This new section is declaratory of existing law as affirmed by the Supreme Court. (See Ex parte Hawk, 1944, 64 S. Ct. 448, 321, U.S. 114, 88L. Ed. 572.) Senate Revision Amendments Senate amendment to this section, Senate Report No. 1559, amendment No. 47, has three declared purposes, set forth as follows: The first is to eliminate from the prohibition of the section applications in behalf of prisoners in custody under authority of a State officer but whose custody has not been directed by the judgment of a State court. If the section were applied to applications by persons detained solely under authority of a State officer it would unduly hamper Federal courts in the protection of Federal officers prosecuted for acts committed in the course of official duty. The second purpose is to eliminate, as a ground of Federal jurisdiction to review by habeas corpus judgments of State courts, the proposition that the State court has denied a prisoner a fair adjudication of the legality of his detention under the Constitution and laws of the United States. The Judicial Conference believes that this would be an undesirable ground for Federal jurisdiction in addition to exhaustion of State remedies or lack of adequate remedy in the State courts because it would permit proceedings in the Federal court on this ground before the petitioner had exhausted his State remedies. This ground would, of course, always be open to a petitioner to assert in the Federal court after he had exhausted his State remedies or if he had no adequate State remedy. The third purpose is to substitute detailed and specific language for the phrase no adequate remedy available. That phrase is not sufficiently specific and precise, and its meaning should, therefore, be spelled out in more detail in the section as is done by the amendment. Editorial Notes  References in Text Section 408 of the Controlled Substances Act, referred to in subsec. (h), is classified to section 848 of Title 21 Amendments 1996Subsec. (b). Pub. L. 104132,  104(1) Subsec. (d). Pub. L. 104132,  104(3) Subsec. (e). Pub. L. 104132,  104(4) Pub. L. 104132,  104(2) Subsecs. (f), (g). Pub. L. 104132,  104(2) Subsecs. (h), (i). Pub. L. 104132,  104(5) 1966 Pub. L. 89711 Statutory Notes and Related Subsidiaries Approval and Effective Date of Rules Governing Section 2254 Cases and Section 2255 Proceedings for United States District Courts For approval and effective date of rules governing petitions under section 2254 and motions under section 2255 of this title Feb. 1, 1977 section 1 of Pub. L. 94426 section 2074 of this title Postponement of Effective Date of Proposed Rules Governing Proceedings Under Sections 2254 and 2255 of this Title Rules and forms governing proceedings under sections 2254 and 2255 of this title proposed by Supreme Court order of Apr. 26, 1976 section 2 of Pub. L. 94349 section 2074 of this title   RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS (Effective Feb. 1, 1977 Dec. 26, 2023 Rule  1. Scope. 2. The Petition. 3. Filing the Petition; Inmate Filing. 4. Preliminary Review; Serving the Petition and Order. 5. The Answer and the Reply. 6. Discovery. 7. Expanding the Record. 8. Evidentiary Hearing. 9. Second or Successive Petitions. 10. Powers of a Magistrate Judge. 11. Certificate of Appealability; Time to Appeal. 12. Applicability of the Federal Rules of Civil Procedure. APPENDIX OF FORMS Petition Under 28 U.S.C.  2254 for Writ of Habeas Corpus By a Person in State Custody. Effective Date of Rules; Effective Date of 1975 Amendment Rules governing Section 2254 cases, and the amendments thereto by Pub. L. 94426 Sept. 28, 1976 90 Stat. 1334 section 2254 of this title section 2255 of this title Feb. 1, 1977 section 1 of Pub. L. 94426 section 2074 of this title Rule 1. Scope (a) Cases Involving a Petition under U.S.C. (1) a person in custody under a state-court judgment who seeks a determination that the custody violates the Constitution, laws, or treaties of the United States; and (2) a person in custody under a state-court or federal-court judgment who seeks a determination that future custody under a state-court judgment would violate the Constitution, laws, or treaties of the United States. (b) Other Cases (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Rule 1 provides that the habeas corpus rules are applicable to petitions by persons in custody pursuant to a judgment of a state court. See Preiser v. Rodriguez e.g Glazier v. Hackel Hammond v. Lenfest The basic scope of habeas corpus is prescribed by statute. 28 U.S.C.  2241(c) provides that the writ of habeas corpus shall not extend to a prisoner unless * * * (h)e is in custody In Preiser v. Rodriguez, supra Initially the Supreme Court held that habeas corpus was appropriate only in those situations in which petitioners claim would, if upheld, result in an immediate release from a present custody. McNally v. Hill Peyton v. Rowe Carafas v. LaVallee See also Preiser v. Rodriguez Since Carafas Jones v. Cunningham Hensley v. Municipal Court Lefkowitz v. Newsome United States v. Re Walker v. North Carolina Burris v. Ryan Marden v. Purdy United States ex rel. Smith v. Dibella Choung v. California United States ex rel. Meadows v. New York Capler v. City of Greenville Glover v. North Carolina The courts are not unanimous in dealing with the above situations, and the boundaries of custody remain somewhat unclear. In Morgan v. Thomas It is axiomatic that actual physical custody or restraint is not required to confer habeas jurisdiction. Rather, the term is synonymous with restraint of liberty. The real question is how much restraint of ones liberty is necessary before the right to apply for the writ comes into play. * * * It is clear however, that something more than moral restraint is necessary to make a case for habeas corpus. 321 F.Supp. at 573 Hammond v. Lenfest While the language of the Act indicates that a writ of habeas corpus is appropriate only when a petitioner is in custody, * * * the Act does not attempt to mark the boundaries of custody nor in any way other than by use of that word attempt to limit the situations in which the writ can be used. * * * And, recent Supreme Court decisions have made clear that [i]t [habeas corpus] is not now and never has been a static, narrow, formalistic remedy; its scope has grown to achieve its grand purposethe protection of individuals against erosion of their right to be free from wrongful restraints upon their liberty. * * * [B]esides physical imprisonment, there are other restraints on a mans liberty, restraints not shared by the public generally, which have been thought sufficient in the English-speaking world to support the issuance of habeas corpus. 398 F.2d at 710711 There is, as of now, no final list of the situations which are appropriate for habeas corpus relief. It is not the intent of these rules or notes to define or limit custody. It is, however, the view of the Advisory Committee that claims of improper conditions of custody or confinement (not related to the propriety of the custody itself), can better be handled by other means such as 42 U.S.C.  1983 and other related statutes. In Wilwording v. Swanson Johnson v. Avery The distinction between duration of confinement and conditions of confinement may be difficult to draw. Compare Preiser v. Rodriguez Clutchette v. Procunier Committee Notes on Rules2004 Amendment The language of Rule 1 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments Rule 2. The Petition (a) Current Custody; Naming the Respondent (b) Future Custody; Naming the Respondents and Specifying the Judgment (c) Form (1) specify all the grounds for relief available to the petitioner; (2) state the facts supporting each ground; (3) state the relief requested; (4) be printed, typewritten, or legibly handwritten; and (5) be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C.  2242. (d) Standard Form (e) Separate Petitions for Judgments of Separate Courts (As amended Pub. L. 94426,  2(1) Sept. 28, 1976 90 Stat. 1334 Apr. 28, 1982 Aug. 1, 1982 Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Rule 2 describes the requirements of the actual petition, including matters relating to its form, contents, scope, and sufficiency. The rule provides more specific guidance for a petitioner and the court than 28 U.S.C.  2242, after which it is patterned. Subdivision (a) provides that an applicant challenging a state judgment, pursuant to which he is presently in custody, must make his application in the form of a petition for a writ of habeas corpus. It also requires that the state officer having custody of the applicant be named as respondent. This is consistent with 28 U.S.C.  2242, which says in part, [Application for a writ of habeas corpus] shall allege * * * the name of the person who has custody over [the applicant] * * *. The proper person to be served in the usual case is either the warden of the institution in which the petitioner is incarcerated ( Sanders v. Bennett Subdivision (b) prescribes the procedure to be used for a petition challenging a judgment under which the petitioner will be subject to custody in the future. In this event the relief sought will usually not be released from present custody, but rather for a declaration that the judgment being attacked is invalid. Subdivision (b) thus provides for a prayer for appropriate relief. It is also provided that the attorney general of the state of the judgment as well as the state officer having actual custody of the petitioner shall be named as respondents. This is appropriate because no one will have custody of the petitioner in the state of the judgment being attacked, and the habeas corpus action will usually be defended by the attorney general. The attorney general is in the best position to inform the court as to who the proper party respondent is. If it is not the attorney general, he can move for a substitution of party. Since the concept of custody requisite to the consideration of a petition for habeas corpus has been enlarged significantly in recent years, it may be worthwhile to spell out the various situations which might arise and who should be named as respondent(s) for each situation. (1) The applicant is in jail, prison, or other actual physical restraint due to the state action he is attacking. The named respondent shall be the state officer who has official custody of the petitioner (for example, the warden of the prison). (2) The applicant is on probation or parole due to the state judgment he is attacking. The named respondents shall be the particular probation or parole officer responsible for supervising the applicant, and the official in charge of the parole or probation agency, or the state correctional agency, as appropriate. (3) The applicant is in custody in any other manner differing from (1) and (2) above due to the effects of the state action he seeks relief from. The named respondent should be the attorney general of the state wherein such action was taken. (4) The applicant is in jail, prison, or other actual physical restraint but is attacking a state action which will cause him to be kept in custody in the future rather than the government action under which he is presently confined. The named respondents shall be the state or federal officer who has official custody of him at the time the petition is filed and the attorney general of the state whose action subjects the petitioner to future custody. (5) The applicant is in custody, although not physically restrained, and is attacking a state action which will result in his future custody rather than the government action out of which his present custody arises. The named respondent(s) shall be the attorney general of the state whose action subjects the petitioner to future custody, as well as the government officer who has present official custody of the petitioner if there is such an officer and his identity is ascertainable. In any of the above situations the judge may require or allow the petitioner to join an additional or different party as a respondent if to do so would serve the ends of justice. As seen in rule 1 and paragraphs (4) and (5) above, these rules contemplate that a petitioner currently in federal custody will be permitted to apply for habeas relief from a state restraint which is to go into effect in the future. There has been disagreement in the courts as to whether they have jurisdiction of the habeas application under these circumstances (compare Piper v. United States United States ex rel. Meadows v. New York Subdivision (c) provides that unless a district court requires otherwise by local rule, the petition must be in the form annexed to these rules. Having a standard prescribed form has several advantages. In the past, petitions have frequently contained mere conclusions of law, unsupported by any facts. Since it is the relationship of the facts to the claim asserted that is important, these petitions were obviously deficient. In addition, lengthy and often illegible petitions, arranged in no logical order, were submitted to judges who have had to spend hours deciphering them. For example, in Passic v. Michigan Administrative convenience, of benefit to both the court and the petitioner, results from the use of a prescribed form. Judge Hubert L. Will briefly described the experience with the use of a standard form in the Northern District of Illinois: Our own experience, though somewhat limited, has been quite satisfactory. * * * In addition, [petitions] almost always contain the necessary basic information * * *. Very rarely do we get the kind of hybrid federal-state habeas corpus petition with civil rights allegations thrown in which were not uncommon in the past. * * * [W]hen a real constitutional issue is raised it is quickly apparent * * *. 33 F.R.D. 363, 384 Approximately 65 to 70% of all districts have adopted forms or local rules which require answers to essentially the same questions as contained in the standard form annexed to these rules. All courts using forms have indicated the petitions are time-saving and more legible. The form is particularly helpful in getting information about whether there has been an exhaustion of state remedies or, at least, where that information can be obtained. The requirement of a standard form benefits the petitioner as well. His assertions are more readily apparent, and a meritorious claim is more likely to be properly raised and supported. The inclusion in the form of the ten most frequently raised grounds in habeas corpus petitions is intended to encourage the applicant to raise all his asserted grounds in one petition. It may better enable him to recognize if an issue he seeks to raise is cognizable under habeas corpus and hopefully inform him of those issues as to which he must first exhaust his state remedies. Some commentators have suggested that the use of forms is of little help because the questions usually are too general, amounting to little more than a restatement of the statute. They contend the blanks permit a prisoner to fill in the same ambiguous answers he would have offered without the aid of a form. See Comment, Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1038, 11771178 (1970). Certainly, as long as the statute requires factual pleading, the adequacy of a petition will continue to be affected largely by the petitioners intelligence and the legal advice available to him. On balance, however, the use of forms has contributed enough to warrant mandating their use. Giving the petitioner a list of often-raised grounds may, it is said, encourage perjury. See Comment, Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1038, 1178 (1970). Most inmates are aware of, or have access to, some common constitutional grounds for relief. Thus, the risk of perjury is not likely to be substantially increased and the benefit of the list for some inmates seems sufficient to outweigh any slight risk that perjury will increase. There is a penalty for perjury, and this would seem the most appropriate way to try to discourage it. Legal assistance is increasingly available to inmates either through paraprofessional programs involving law students or special programs staffed by members of the bar. See Jacob and Sharma, Justice After Trial: Prisoners Need for Legal Services in the Criminal-Correctional Process, 18 Kan.L.Rev. 493 (1970). In these situations, the prescribed form can be filled out more competently, and it does serve to ensure a degree of uniformity in the manner in which habeas corpus claims are presented. Subdivision (c) directs the clerk of the district court to make available to applicants upon request, without charge, blank petitions in the prescribed form. Subdivision (c) also requires that all available grounds for relief be presented in the petition, including those grounds of which, by the exercise of reasonable diligence, the petitioner should be aware. This is reinforced by rule 9(b), which allows dismissal of a second petition which fails to allege new grounds or, if new grounds are alleged, the judge finds an inexcusable failure to assert the ground in the prior petition. Both subdivision (c) and the annexed form require a legibly handwritten or typewritten petition. As required by 28 U.S.C.  2242, the petition must be signed and sworn to by the petitioner (or someone acting in his behalf). Subdivision (d) provides that a single petition may assert a claim only against the judgment or judgments of a single state court ( i.e Subdivision (e) allows the clerk to return an insufficient petition to the petitioner, and it must be returned if the clerk is so directed by a judge of the court. Any failure to comply with the requirements of rule 2 or 3 is grounds for insufficiency. In situations where there may be arguable noncompliance with another rule, such as rule 9, the judge, not the clerk, must make the decision. If the petition is returned it must be accompanied by a statement of the reason for its return. No petitioner should be left to speculate as to why or in what manner his petition failed to conform to these rules. Subdivision (e) also provides that the clerk shall retain one copy of the insufficient petition. If the prisoner files another petition, the clerk will be in a better position to determine the sufficiency of the new petition. If the new petition is insufficient, comparison with the prior petition may indicate whether the prisoner has failed to understand the clerks prior explanation for its insufficiency, so that the clerk can make another, hopefully successful, attempt at transmitting this information to the petitioner. If the petitioner insists that the original petition was in compliance with the rules, a copy of the original petition is available for the consideration of the judge. It is probably better practice to make a photocopy of a petition which can be corrected by the petitioner, thus saving the petitioner the task of completing an additional copy. 1982 Amendment Subdivision (c). The amendment takes into account 28 U.S.C.  1746, enacted after adoption of the  2254 rules. Section 1746 provides that in lieu of an affidavit an unsworn statement may be given under penalty of perjury in substantially the following form if executed within the United States, its territories, possessions or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). The statute is intended to encompass prisoner litigation, and the statutory alternative is especially appropriate in such cases because a notary might not be readily available. Carter v. Clark Committee Notes on Rules2004 Amendment The language of Rule 2 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. Revised Rule 2(c)(5) has been amended by removing the requirement that the petition be signed personally by the petitioner. As reflected in 28 U.S.C.  2242, an application for habeas corpus relief may be filed by the person who is seeking relief, or by someone acting on behalf of that person. See, e.g., Whitmore v. Arkansas The language in new Rule 2(d) has been changed to reflect that a petitioner must substantially follow the standard form, which is appended to the rules, or a form provided by the court. The current rule, Rule 2(c), seems to indicate a preference for the standard national form. Under the amended rule, there is no stated preference. The Committee understood that current practice in some courts is that if the petitioner first files a petition using the national form, the courts may then ask the petitioner to supplement it with the local form. Current Rule 2(e), which provided for returning an insufficient petition, has been deleted. The Committee believed that the approach in Federal Rule of Civil Procedure 5(e) was more appropriate for dealing with petitions that do not conform to the form requirements of the rule. That Rule provides that the clerk may not refuse to accept a filing solely for the reason that it fails to comply with these rules or local rules. Before the adoption of a one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996, 110 Stat. 1214 see Changes Made After Publication and Comments Rule 2(c)(4) was modified to account for those cases where the petitioner prints the petition on a computer word-processing program. Amendments by Public Law 1976Subd. (c). Pub. L. 94426,  2(1) Subd. (e). Pub. L. 94426,  2(2) Rule 3. Filing the Petition; Inmate Filing (a) Where to File; Copies; Filing Fee (1) the applicable filing fee, or (2) a motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C.  1915, and a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution. (b) Filing (c) Time to File (d) Inmate Filing (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Rule 3 sets out the procedures to be followed by the petitioner and the court in filing the petition. Some of its provisions are currently dealt with by local rule or practice, while others are innovations. Subdivision (a) specifies the petitioners responsibilities. It requires that the petition, which must be accompanied by two conformed copies thereof, be filed in the office of the clerk of the district court. The petition must be accompanied by the filing fee prescribed by law (presently $5; see 28 U.S.C.  1914(a)), unless leave to prosecute the petition in forma pauperis is applied for and granted. In the event the petitioner desires to prosecute the petition in forma pauperis, he must file the affidavit required by 28 U.S.C.  1915, together with a certificate showing the amount of funds in his institutional account. Requiring that the petition be filed in the office of the clerk of the district court provides an efficient and uniform system of filing habeas corpus petitions. Subdivision (b) requires the clerk to file the petition. If the filing fee accompanies the petition, it may be filed immediately, and, if not, it is contemplated that prompt attention will be given to the request to proceed in forma pauperis. The court may delegate the issuance of the order to the clerk in those cases in which it is clear from the petition that there is full compliance with the requirements to proceed in forma pauperis. Requiring the copies of the petition to be filed with the clerk will have an impact not only upon administrative matters, but upon more basic problems as well. In districts with more than one judge, a petitioner under present circumstances may send a petition to more than one judge. If no central filing system exists for each district, two judges may independently take different action on the same petition. Even if the action taken is consistent, there may be needless duplication of effort. The requirement of an additional two copies of the form of the petition is a current practice in many courts. An efficient filing system requires one copy for use by the court (central file), one for the respondent (under 3(b), the respondent receives a copy of the petition whether an answer is required or not), and one for petitioners counsel, if appointed. Since rule 2 provides that blank copies of the petition in the prescribed form are to be furnished to the applicant free of charge, there should be no undue burden created by this requirement. Attached to copies of the petition supplied in accordance with rule 2 is an affidavit form for the use of petitioners desiring to proceed in forma pauperis. The form requires information concerning the petitioners financial resources. In forma pauperis cases, the petition must also be accompanied by a certificate indicating the amount of funds in the petitioners institution account. Usually the certificate will be from the warden. If the petitioner is on probation or parole, the court might want to require a certificate from the supervising officer. Petitions by persons on probation or parole are not numerous enough, however, to justify making special provision for this situation in the text of the rule. The certificate will verify the amount of funds credited to the petitioner in an institution account. The district court may by local rule require that any amount credited to the petitioner, in excess of a stated maximum, must be used for the payment of the filing fee. Since prosecuting an action in forma pauperis is a privilege (see Smart v. Heinze Subdivision (b) details the clerks duties with regard to filing the petition. If the petition does not appear on its face to comply with the requirements of rules 2 and 3, it may be returned in accordance with rule 2(e). If it appears to comply, it must be filed and entered on the docket in the clerks office. However, under this subdivision the respondent is not required to answer or otherwise move with respect to the petition unless so ordered by the court. Committee Notes on Rules2004 Amendment The language of Rule 3 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended except as described below. The last sentence of current Rule 3(b), dealing with an answer being filed by the respondent, has been moved to revised Rule 5(a). Revised Rule 3(b) is new and is intended to parallel Federal Rule of Civil Procedure 5(e), which provides that the clerk may not refuse to accept a filing solely for the reason that it fails to comply with these rules or local rules. Before the adoption of a one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996, 110 Stat. 1214 see in forma pauperis Revised Rule 3(c), which sets out a specific reference to 28 U.S.C.  2244(d), is new and has been added to put petitioners on notice that a one-year statute of limitations applies to petitions filed under these Rules. Although the rule does not address the issue, every circuit that has addressed the issue has taken the position that equitable tolling of the statute of limitations is available in appropriate circumstances. See, e.g., Smith v. McGinnis Miller v. New Jersey State Department of Corrections Harris v. Hutchinson See Duncan v. Walker Rule 3(d) is new and provides guidance on determining whether a petition from an inmate is considered to have been filed in a timely fashion. The new provision parallels Federal Rule of Appellate Procedure 25(a)(2)(C). Changes Made After Publication and Comments Rule 4. Preliminary Review; Serving the Petition and Order The clerk must promptly forward the petition to a judge under the courts assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner. If the petition is not dismissed, the judge must order the respondent to file an answer, motion, or other response within a fixed time, or to take other action the judge may order. In every case, the clerk must serve a copy of the petition and any order on the respondent and on the attorney general or other appropriate officer of the state involved. (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Rule 4 outlines the options available to the court after the petition is properly filed. The petition must be promptly presented to and examined by the judge to whom it is assigned. If it plainly appears from the face of the petition and any exhibits attached thereto that the petitioner is not entitled to relief in the district court, the judge must enter an order summarily dismissing the petition and cause the petitioner to be notified. If summary dismissal is not ordered, the judge must order the respondent to file an answer or to otherwise plead to the petition within a time period to be fixed in the order. 28 U.S.C.  2243 requires that the writ shall be awarded, or an order to show cause issued, unless it appears from the application that the applicant or person detained is not entitled thereto. Such consideration may properly encompass any exhibits attached to the petition, including, but not limited to, transcripts, sentencing records, and copies of state court opinions. The judge may order any of these items for his consideration if they are not yet included with the petition. See 28 U.S.C.  753(f) which authorizes payment for transcripts in habeas corpus cases. It has been suggested that an answer should be required in every habeas proceeding, taking into account the usual petitioners lack of legal expertise and the important functions served by the return. See Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1038, 1178 (1970). However, under  2243 it is the duty of the court to screen out frivolous applications and eliminate the burden that would be placed on the respondent by ordering an unnecessary answer. Allen v. Perini Aubut v. State of Maine In the event an answer is ordered under rule 4, the court is accorded greater flexibility than under  2243 in determining within what time period an answer must be made. Under  2243, the respondent must make a return within three days after being so ordered, with additional time of up to forty days allowed under the Federal Rules of Civil Procedure, Rule 81(a)(2), for good cause. In view of the widespread state of work overload in prosecutors offices (see, e.g., Allen Rule 4 authorizes the judge to take such other action as the judge deems appropriate. This is designed to afford the judge flexibility in a case where either dismissal or an order to answer may be inappropriate. For example, the judge may want to authorize the respondent to make a motion to dismiss based upon information furnished by respondent, which may show that petitioners claims have already been decided on the merits in a federal court; that petitioner has failed to exhaust state remedies; that the petitioner is not in custody within the meaning of 28 U.S.C.  2254; or that a decision in the matter is pending in state court. In these situations, a dismissal may be called for on procedural grounds, which may avoid burdening the respondent with the necessity of filing an answer on the substantive merits of the petition. In other situations, the judge may want to consider a motion from respondent to make the petition more certain. Or the judge may want to dismiss some allegations in the petition, requiring the respondent to answer only those claims which appear to have some arguable merit. Rule 4 requires that a copy of the petition and any order be served by certified mail on the respondent and the attorney general of the state involved. See 28 U.S.C.  2252. Presently, the respondent often does not receive a copy of the petition unless the court directs an answer under 28 U.S.C.  2243. Although the attorney general is served, he is not required to answer if it is more appropriate for some other agency to do so. Although the rule does not specifically so provide, it is assumed that copies of the court orders to respondent will be mailed to petitioner by the court. Committee Notes on Rules2004 Amendment The language of Rule 4 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The amended rule reflects that the response to a habeas petition may be a motion. The requirement that in every case the clerk must serve a copy of the petition on the respondent by certified mail has been deleted. In addition, the current requirement that the petition be sent to the Attorney General of the state has been modified to reflect practice in some jurisdictions that the appropriate state official may be someone other than the Attorney General, for example, the officer in charge of a local confinement facility. This comports with a similar provision in 28 U.S.C.  2252, which addresses notice of habeas corpus proceedings to the states attorney general or other appropriate officer of the state. Changes Made After Publication and Comments Rule 5. The Answer and the Reply (a) When Required (b) Contents: Addressing the Allegations; Stating a Bar (c) Contents: Transcripts (d) Contents: Briefs on Appeal and Opinions (1) any brief that the petitioner submitted in an appellate court contesting the conviction or sentence, or contesting an adverse judgment or order in a post-conviction proceeding; (2) any brief that the prosecution submitted in an appellate court relating to the conviction or sentence; and (3) the opinions and dispositive orders of the appellate court relating to the conviction or the sentence. (e) Reply (As amended Apr. 26, 2004 Dec. 1, 2004 Apr. 25, 2019 Dec. 1, 2019 Advisory Committee Note Rule 5 details the contents of the answer. (This is a change in terminology from return, which is still used below when referring to prior practice.) The answer plays an obviously important rule in a habeas proceeding: The return serves several important functions: it permits the court and the parties to uncover quickly the disputed issues; it may reveal to the petitioners attorney grounds for release that the petitioner did not know; and it may demonstrate that the petitioners claim is wholly without merit. Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1083, 1178 (1970). The answer must respond to the allegations of the petition. While some districts require this by local rule (see, e.g The answer must also state whether the petitioner has exhausted his state remedies. This is a prerequisite to eligibility for the writ under 28 U.S.C.  2254(b) and applies to every ground the petitioner raises. Most form petitions now in use contain questions requiring information relevant to whether the petitioner has exhausted his remedies. However, the exhaustion requirement is often not understood by the unrepresented petitioner. The attorney general has both the legal expertise and access to the record and thus is in a much better position to inform the court on the matter of exhaustion of state remedies. An alleged failure to exhaust state remedies as to any ground in the petition may be raised by a motion by the attorney general, thus avoiding the necessity of a formal answer as to that ground. The rule requires the answer to indicate what transcripts are available, when they can be furnished, and also what proceedings have been recorded and not transcribed. This will serve to inform the court and petitioner as to what factual allegations can be checked against the actual transcripts. The transcripts include pretrial transcripts relating, for example, to pretrial motions to suppress; transcripts of the trial or guilty plea proceeding; and transcripts of any post-conviction proceedings which may have taken place. The respondent is required to furnish those portions of the transcripts which he believes relevant. The court may order the furnishing of additional portions of the transcripts upon the request of petitioner or upon the courts own motion. Where transcripts are unavailable, the rule provides that a narrative summary of the evidence may be submitted. Rule 5 (and the general procedure set up by this entire set of rules) does not contemplate a traverse to the answer, except under special circumstances. See advisory committee note to rule 9. Therefore, the old common law assumption of verity of the allegations of a return until impeached, as codified in 28 U.S.C.  2248, is no longer applicable. The meaning of the section, with its exception to the assumption to the extent that the judge finds from the evidence that they (the allegations) are not true, has given attorneys and courts a great deal of difficulty. It seems that when the petition and return pose an issue of fact, no traverse is required; Stewart v. Overholser We read  2248 of the Judicial Code as not requiring a traverse when a factual issue has been clearly framed by the petition and the return or answer. This section provides that the allegations of a return or answer to an order to show cause shall be accepted as true if not traversed, except to the extent the judge finds from the evidence that they are not true. This contemplates that where the petition and return or answer do present an issue of fact material to the legality of detention, evidence is required to resolve that issue despite the absence of a traverse. This reference to evidence assumes a hearing on issues raised by the allegations of the petition and the return or answer to the order to show cause. 186 F.2d at 342, n. 5 In actual practice, the traverse tends to be a mere pro forma refutation of the return, serving little if any expository function. In the interests of a more streamlined and manageable habeas corpus procedure, it is not required except in those instances where it will serve a truly useful purpose. Also, under rule 11 the court is given the discretion to incorporate Federal Rules of Civil Procedure when appropriate, so civil rule 15(a) may be used to allow the petitioner to amend his petition when the court feels this is called for by the contents of the answer. Rule 5 does not indicate who the answer is to be served upon, but it necessarily implies that it will be mailed to the petitioner (or to his attorney if he has one). The number of copies of the answer required is left to the courts discretion. Although the rule requires only a copy of petitioners brief on appeal, respondent is free also to file a copy of respondents brief. In practice, courts have found it helpful to have a copy of respondents brief. Committee Notes on Rules2004 Amendment The language of Rule 5 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. Revised Rule 5(a), which provides that the respondent is not required to file an answer to the petition, unless a judge so orders, is taken from current Rule 3(b). The revised rule does not address the practice in some districts, where the respondent files a pre-answer motion to dismiss the petition. But revised Rule 4 permits that practice and reflects the view that if the court does not dismiss the petition, it may require (or permit) the respondent to file a motion. Rule 5(b) has been amended to require that the answer address not only failure to exhaust state remedies, but also procedural bars, non-retroactivity, and any statute of limitations. Although the latter three matters are not addressed in the current rule, the Committee intends no substantive change with the additional new language. See, e.g. See, e.g. Revised Rule 5(d) includes new material. First, Rule 5(d)(2), requires a respondentassuming an answer is filedto provide the court with a copy of any brief submitted by the prosecution to the appellate court. And Rule 5(d)(3) now provides that the respondent also file copies of any opinions and dispositive orders of the appellate court concerning the conviction or sentence. These provisions are intended to ensure that the court is provided with additional information that may assist it in resolving the issues raised, or not raised, in the petition. Finally, revised Rule 5(e) adopts the practice in some jurisdictions of giving the petitioner an opportunity to file a reply to the respondents answer. Rather than using terms such as traverse, see Changes Made After Publication and Comments The Committee also deleted the reference to affirmative defenses, because the Committee believed that the term was a misnomer in the context of habeas petitions. The Note was also changed to reflect that there has been a potential substantive change from the current rule, to the extent that the published rule now requires that the answer address procedural bars and any statute of limitations. The Note states that the Committee believes the new language reflects current law. The Note was modified to address the use of the term traverse. One commentator noted that that is the term that is commonly used but that it does not appear in the rule itself. Committee Notes on Rules2019 Amendment The petitioner has a right to file a reply. Subsection (e), added in 2004, removed the discretion of the court to determine whether or not to allow the petitioner to file a reply in a case under  2254. The current amendment was prompted by decisions holding that courts nevertheless retained the authority to bar a reply. As amended, the first sentence of subsection (e) makes it even clearer that the petitioner has a right to file a reply to the respondents answer or pleading. It retains the word may, which is used throughout the federal rules to mean is permitted to or has a right to. No change in meaning is intended by the substitution of file for submit. As amended, the second sentence of the rule retains the courts discretion to decide when the reply must be filed (but not whether it may be filed). To avoid uncertainty, the amended rule requires the court to set a time for filing if that time is not already set by local rule. Adding a reference to the time for the filing of any reply to the order requiring the government to file an answer or other pleading provides notice of that deadline to both parties. Rule 6. Discovery (a) Leave of Court Required (b) Requesting Discovery (c) Deposition Expenses (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note This rule prescribes the procedures governing discovery in habeas corpus cases. Subdivision (a) provides that any party may utilize the processes of discovery available under the Federal Rules of Civil Procedure (rules 2637) if, and to the extent that, the judge allows. It also provides for the appointment of counsel for a petitioner who qualifies for this when counsel is necessary for effective utilization of discovery procedures permitted by the judge. Subdivision (a) is consistent with Harris v. Nelson [I]t is clear that there was no intention to extend to habeas corpus, as a matter of right, the broad discovery provisions * * * of the new [Federal Rules of Civil Procedure]. 394 U.S. at 295 However, citing the lack of methods for securing information in habeas proceedings, the court pointed to an alternative. Clearly, in these circumstances * * * the courts may fashion appropriate modes of procedure, by analogy to existing rules or otherwise in conformity with judicial usage. * * * Their authority is expressly confirmed in the All Writs Act, 28 U.S.C.  1651. 394 U.S. at 299 The court concluded that the issue of discovery in habeas corpus cases could best be dealt with as part of an effort to provide general rules of practice for habeas corpus cases: In fact, it is our view that the rulemaking machinery should be invoked to formulate rules of practice with respect to federal habeas corpus and  2255 proceedings, on a comprehensive basis and not merely one confined to discovery. The problems presented by these proceedings are materially different from those dealt with in the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, and reliance upon usage and the opaque language of Civil Rule 81(a)(2) is transparently inadequate. In our view the results of a meticulous formulation and adoption of special rules for federal habeas corpus and  2255 proceedings would promise much benefit. 394 U.S. at 301 n. 7 Discovery may, in appropriate cases, aid in developing facts necessary to decide whether to order an evidentiary hearing or to grant the writ following an evidentiary hearing: We are aware that confinement sometimes induces fantasy which has its basis in the paranoia of prison rather than in fact. But where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is confined illegally and is therefore entitled to relief, it is the duty of the court to provide the necessary facilities and procedures for an adequate inquiry. Obviously, in exercising this power, the court may utilize familiar procedures, as appropriate, whether these are found in the civil or criminal rules or elsewhere in the usages and principles. Granting discovery is left to the discretion of the court, discretion to be exercised where there is a showing of good cause why discovery should be allowed. Several commentators have suggested that at least some discovery should be permitted without leave of court. It is argued that the courts will be burdened with weighing the propriety of requests to which the discovered party has no objection. Additionally, the availability of protective orders under Fed.R.Civ.R., Rules 30(b) and 31(d) will provide the necessary safeguards. See Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1038, 118687 (1970); Civil Discovery in Habeas Corpus, 67 Colum.L.Rev. 1296, 1310 (1967). Nonetheless, it is felt the requirement of prior court approval of all discovery is necessary to prevent abuse, so this requirement is specifically mandated in the rule. While requests for discovery in habeas proceedings normally follow the granting of an evidentiary hearing, there may be instances in which discovery would be appropriate beforehand. Such an approach was advocated in Wagner v. United States before or in conjunction with the hearing In order to make pre-hearing discovery meaningful, subdivision (a) provides that the judge should appoint counsel for a petitioner who is without counsel and qualifies for appointment when this is necessary for the proper utilization of discovery procedures. Rule 8 provides for the appointment of counsel at the evidentiary hearing stage (see rule 8(b) and advisory committee note), but this would not assist the petitioner who seeks to utilize discovery to stave off dismissal of his petition (see rule 9 and advisory committee note) or to demonstrate that an evidentiary hearing is necessary. Thus, if the judge grants a petitioners request for discovery prior to making a decision as to the necessity for an evidentiary hearing, he should determine whether counsel is necessary for the effective utilization of such discovery and, if so, appoint counsel for the petitioner if the petitioner qualifies for such appointment. This rule contains very little specificity as to what types and methods of discovery should be made available to the parties in a habeas proceeding, or how, once made available, these discovery procedures should be administered. The purpose of this rule is to get some experience in how discovery would work in actual practice by letting district court judges fashion their own rules in the context of individual cases. When the results of such experience are available it would be desirable to consider whether further, more specific codification should take place. Subdivision (b) provides for judicial consideration of all matters subject to discovery. A statement of the interrogatories, or requests for admission sought to be answered, and a list of any documents sought to be produced, must accompany a request for discovery. This is to advise the judge of the necessity for discovery and enable him to make certain that the inquiry is relevant and appropriately narrow. Subdivision (c) refers to the situation where the respondent is granted leave to take the deposition of the petitioner or any other person. In such a case the judge may direct the respondent to pay the expenses and fees of counsel for the petitioner to attend the taking of the deposition, as a condition granting the respondent such leave. While the judge is not required to impose this condition subdivision (c) will give the court the means to do so. Such a provision affords some protection to the indigent petitioner who may be prejudiced by his inability to have counsel, often court-appointed, present at the taking of a deposition. It is recognized that under 18 U.S.C.  3006A(g), court-appointed counsel in a  2254 proceeding is entitled to receive up to $250 and reimbursement for expenses reasonably incurred. (Compare Fed.R. Crim.P. 15(c).) Typically, however, this does not adequately reimburse counsel if he must attend the taking of depositions or be involved in other pre-hearing proceedings. Subdivision (c) is intended to provide additional funds, if necessary, to be paid by the state government (respondent) to petitioners counsel. Although the rule does not specifically so provide, it is assumed that a petitioner who qualifies for the appointment of counsel under 18 U.S.C.  3006A(g) and is granted leave to take a deposition will be allowed witness costs. This will include recording and transcription of the witnesss statement. Such costs are payable pursuant to 28 U.S.C.  1825. See Opinion of Comptroller General, February 28, 1974 Subdivision (c) specifically recognizes the right of the respondent to take the deposition of the petitioner. Although the petitioner could not be called to testify against his will in a criminal trial, it is felt the nature of the habeas proceeding, along with the safeguards accorded by the Fifth Amendment and the presence of counsel, justify this provision. See 83 Harv.L.Rev. 1038, 118384 (1970). Committee Notes on Rules2004 Amendment The language of Rule 6 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Although current Rule 6(b) contains no requirement that the parties provide reasons for the requested discovery, the revised rule does so and also includes a requirement that the request be accompanied by any proposed interrogatories and requests for admission, and must specify any requested documents. The Committee believes that the revised rule makes explicit what has been implicit in current practice. Changes Made After Publication and Comments Rule 7. Expanding the Record (a) In General (b) Types of Materials (c) Review by the Opposing Party (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note This rule provides that the judge may direct that the record be expanded. The purpose is to enable the judge to dispose of some habeas petitions not dismissed on the pleadings, without the time and expense required for an evidentiary hearing. An expanded record may also be helpful when an evidentiary hearing is ordered. The record may be expanded to include additional material relevant to the merits of the petition. While most petitions are dismissed either summarily or after a response has been made, of those that remain, by far the majority require an evidentiary hearing. In the fiscal year ending June 30, 1970 e.g Authorizing expansion of the record will, hopefully, eliminate some unnecessary hearings. The value of this approach was articulated in Raines v. United States Unless it is clear from the pleadings and the files and records that the prisoner is entitled to no relief, the statute makes a hearing mandatory. We think there is a permissible intermediate step that may avoid the necessity for an expensive and time consuming evidentiary hearing in every Section 2255 case. It may instead be perfectly appropriate, depending upon the nature of the allegations, for the district court to proceed by requiring that the record be expanded to include letters, documentary evidence, and, in an appropriate case, even affidavits. United States v. Carlino Mirra v. United States Accardi v. United States In Harris v. Nelson At any time in the proceedings * * * either on [the courts] own motion before Subdivision (b) specifies the materials which may be added to the record. These include, without limitation, letters predating the filing of the petition in the district court, documents, exhibits, and answers under oath directed to written interrogatories propounded by the judge. Under this subdivision affidavits may be submitted and considered part of the record. Subdivision (b) is consistent with 28 U.S.C.  2246 and 2247 and the decision in Raines United States v. Carlino Machibroda v. United States Under subdivision (c) all materials proposed to be included in the record must be submitted to the party against whom they are to be offered. Under subdivision (d) the judge can require authentication if he believes it desirable to do so. Committee Notes on Rules2004 Amendment The language of Rule 7 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as noted below. Revised Rule 7(a) is not intended to restrict the courts authority to expand the record through means other than requiring the parties themselves to provide the information. Further, the rule has been changed to remove the reference to the merits of the petition in the recognition that a court may wish to expand the record in order to assist it in deciding an issue other than the merits of the petition. The language in current Rule 7(d), which deals with authentication of materials in the expanded record, has been moved to revised Rule 7(a). Changes Made After Publication and Comments Rule 8. Evidentiary Hearing (a) Determining Whether to Hold a Hearing (b) Reference to a Magistrate Judge (c) Appointing Counsel; Time of Hearing (As amended Pub. L. 94426,  2(5) Sept. 28, 1976 90 Stat. 1334 Pub. L. 94577,  2(a)(1) Oct. 21, 1976 90 Stat. 2730 Apr. 26, 2004 Dec. 1, 2004 Mar. 26, 2009 Dec. 1, 2009 Advisory Committee Note This rule outlines the procedure to be followed by the court immediately prior to and after the determination of whether to hold an evidentiary hearing. The provisions are applicable if the petition has not been dismissed at a previous stage in the proceeding [including a summary dismissal under rule 4; a dismissal pursuant to a motion by the respondent; a dismissal after the answer and petition are considered; or a dismissal after consideration of the pleadings and an expanded record]. If dismissal has not been ordered, the court must determine whether an evidentiary hearing is required. This determination is to be made upon a review of the answer, the transcript and record of state court proceedings, and if there is one, the expanded record. As the United States Supreme Court noted in Townsend v. Sam Ordinarily [the complete state-court] recordincluding the transcript of testimony (or if unavailable some adequate substitute, such as a narrative record), the pleadings, court opinions, and other pertinent documentsis indispensable to determining whether the habeas applicant received a full and fair state-court evidentiary hearing resulting in reliable findings. Subdivision (a) contemplates that all of these materials, if available, will be taken into account. This is especially important in view of the standard set down in Townsend when The appropriate standard * * * is this: Where the facts are in dispute, the federal court in habeas corpus must hold an evidentiary hearing if the habeas applicant did not receive a full and fair evidentiary hearing in a state court, either at the time of the trial or in a collateral proceeding. 372 U.S. at 312 The circumstances under which a federal hearing is mandatory are now specified in 28 U.S.C.  2254(d). The 1966 amendment clearly places the burden on the petitioner, when there has already been a state hearing, to show that it was not a fair or adequate hearing for one or more of the specifically enumerated reasons, in order to force a federal evidentiary hearing. Since the function of an evidentiary hearing is to try issues of fact (372 U.S. at 309), such a hearing is unnecessary when only issues of law are raised. See, e.g., Yeaman v. United States In situations in which an evidentiary hearing is not mandatory, the judge may nonetheless decide that an evidentiary hearing is desirable: The purpose of the test is to indicate the situations in which the holding of an evidentiary hearing is mandatory. In all other cases where the material facts are in dispute, the holding of such a hearing is in the discretion of the district judge. 372 U.S. at 318 If the judge decides that an evidentiary hearing is neither required nor desirable, he shall make such a disposition of the petition as justice shall require. Most habeas petitions are dismissed before the prehearing conference stage (see Director of the Administrative Office of the United States Courts, Annual Report 245a245c (table C4) (1970)) and of those not dismissed, the majority raise factual issues that necessitate an evidentiary hearing. If no hearing is required, most petitions are dismissed, but in unusual cases the court may grant the relief sought without a hearing. This includes immediate release from custody or nullification of a judgment under which the sentence is to be served in the future. Subdivision (b) provides that a magistrate, when so empowered by rule of the district court, may recommend to the district judge that an evidentiary hearing be held or that the petition be dismissed, provided he gives the district judge a sufficiently detailed description of the facts so that the judge may decide whether or not to hold an evidentiary hearing. This provision is not inconsistent with the holding in Wingo v. Wedding As noted in Wingo Utilization of the magistrate as specified in subdivision (b) will aid in the expeditious and fair handling of habeas petitions. A qualified, experienced magistrate will, it is hoped, acquire an expertise in examining these [postconviction review] applications and summarizing their important contents for the district judge, thereby facilitating his decisions. Law clerks are presently charged with this responsibility by many judges, but judges have noted that the normal 1-year clerkship does not afford law clerks the time or experience necessary to attain real efficiency in handling such applications. S. Rep. No. 371, 90th Cong., 1st Sess., 26 (1967) Under subdivision (c) there are two provisions that differ from the procedure set forth in 28 U.S.C.  2243. These are the appointment of counsel and standard for determining how soon the hearing will be held. If an evidentiary hearing is required the judge must appoint counsel for a petitioner who qualified for appointment under the Criminal Justice Act. Currently, the appointment of counsel is not recognized as a right at any stage of a habeas proceeding. See, e.g., United States ex rel. Marshall v. Wilkins e.g Counsel can perform a valuable function benefiting both the court and the petitioner. The issues raised can be more clearly identified if both sides have the benefit of trained legal personnel. The presence of counsel at the prehearing conference may help to expedite the evidentiary hearing or make it unnecessary, and counsel will be able to make better use of available prehearing discovery procedures. Compare ABA Project on Standards for Criminal Justice, Standards Relating to Post-Conviction Remedies  4.4, p. 66 (Approved Draft 1968). At a hearing, the petitioners claims are more likely to be effectively and properly presented by counsel. Under 18 U.S.C.  3006A(g), payment is allowed counsel up to $250, plus reimbursement for expenses reasonably incurred. The standards of indigency under this section are less strict than those regarding eligibility to prosecute a petition in forma pauperis, and thus many who cannot qualify to proceed under 28 U.S.C.  1915 will be entitled to the benefits of counsel under 18 U.S.C.  3006A(g). Under rule 6(c), the court may order the respondent to reimburse counsel from state funds for fees and expenses incurred as the result of the utilization of discovery procedures by the respondent. Subdivision (c) provides that the hearing shall be conducted as promptly as possible, taking into account the need of counsel for both parties for adequate time for investigation and preparation. This differs from the language of 28 U.S.C.  2243, which requires that the day for the hearing be set not more than five days after the return unless for good cause additional time is allowed. This time limit fails to take into account the function that may be served by a prehearing conference and the time required to prepare adequately for an evidentiary hearing. Although additional time is often allowed under  2243, subdivision (c) provides more flexibility to take account of the complexity of the case, the availability of important materials, the workload of the attorney general, and the time required by appointed counsel to prepare. While the rule does not make specific provision for a prehearing conference, the omission is not intended to cast doubt upon the value of such a conference: The conference may limit the questions to be resolved, identify areas of agreement and dispute, and explore evidentiary problems that may be expected to arise. * * * [S]uch conferences may also disclose that a hearing is unnecessary * * *. ABA Project on Standards for Criminal Justice, Standards Relating to Post-Conviction Remedies  4.6, commentary pp. 7475. (Approved Draft, 1968.) See also Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1038, 1188 (1970). The rule does not contain a specific provision on the subpoenaing of witnesses. It is left to local practice to determine the method for doing this. The implementation of 28 U.S.C.  1825 on the payment of witness fees is dealt with in an opinion of the Comptroller General, February 28, 1974 Committee Notes on Rules2004 Amendment The language of Rule 8 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Rule 8(a) is not intended to supersede the restrictions on evidentiary hearings contained in 28 U.S.C.  2254(e)(2). The requirement in current Rule 8(b)(2) that a copy of the magistrate judges findings must be promptly mailed to all parties has been changed in revised Rule 8(b) to require that copies of those findings be served on all parties. As used in this rule, service means service consistent with Federal Rule of Civil Procedure 5(b), which allows mailing the copies. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The time set in the former rule at 10 days has been revised to 14 days. See the Committee Note to Federal Rules of Criminal Procedure 45(a). Amendments by Public Law 1976Subd. (b). Pub. L. 94577,  2(a)(1) section 636(b) of this title Subd. (c). Pub. L. 94577,  2(b)(1) Pub. L. 94426 section 3006A of title 18 Effective Date of 1976 Amendment Pub. L. 94577,  2(c) Oct. 21, 1976 90 Stat. 2731 The amendments made by this section [amending subdivs. (b) and (c) of this rule and Rule 8(b), (c) of the Rules Governing Proceedings Under Section 2255 of this title section 2255 of title 28 February 1, 1977 Rule 9. Second or Successive Petitions Before presenting a second or successive petition, the petitioner must obtain an order from the appropriate court of appeals authorizing the district court to consider the petition as required by 28 U.S.C.  2244(b)(3) and (4). (As amended Pub. L. 94426,  2(7) Sept. 28, 1976 90 Stat. 1335 Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note This rule is intended to minimize abuse of the writ of habeas corpus by limiting the right to assert stale claims and to file multiple petitions. Subdivision (a) deals with the delayed petition. Subdivision (b) deals with the second or successive petition. Subdivision (a) provides that a petition attacking the judgment of a state court may be dismissed on the grounds of delay if the petitioner knew or should have known of the existence of the grounds he is presently asserting in the petition and the delay has resulted in the state being prejudiced in its ability to respond to the petition. If the delay is more than five years after the judgment of conviction, prejudice is presumed, although this presumption is rebuttable by the petitioner. Otherwise, the state has the burden of showing such prejudice. The assertion of stale claims is a problem which is not likely to decrease in frequency. Following the decisions in Jones v. Cunningham Benson v. California The interest of both the petitioner and the government can best be served if claims are raised while the evidence is still fresh. The American Bar Association has recognized the interest of the state in protecting itself against stale claims by limiting the right to raise such claims after completion of service of a sentence imposed pursuant to a challenged judgment. See ABA Standards Relating to Post-Conviction Remedies  2.4 (c), p. 45 (Approved Draft, 1968). Subdivision (a) is not limited to those who have completed their sentence. Its reach is broader, extending to all instances where delay by the petitioner has prejudiced the state, subject to the qualifications and conditions contained in the subdivision. In McMann v. Richardson What is at stake in this phase of the case is not the integrity of the state convictions obtained on guilty pleas, but whether, years later 397 U.S. at 773 The court refused to allow this, intimating its dislike of collateral attacks on sentences long since imposed which disrupt the states interest in finality of convictions which were constitutionally valid when obtained. Subdivision (a) is not a statute of limitations. Rather, the limitation is based on the equitable doctrine of laches. Laches is such delay in enforcing ones rights as works disadvantage to another. 30A C.J.S. Equity  112, p. 19. Also, the language of the subdivision, a petition may The use of a flexible rule analogous to laches to bar the assertion of stale claims is suggested in ABA Standards Relating to Post-Conviction Remedies  2.4, commentary at 48 (Approved Draft, 1968). Additionally, in Fay v. Noia Furthermore, habeas corpus has traditionally been regarded as governed by equitable principles. United States ex rel. Smith v. Baldi 372 U.S. at 438 Finally, the doctrine of laches has been applied with reference to another postconviction remedy, the writ of coram nobis. See 24 C.J.S. Criminal Law  1606(25), p. 779. The standard used for determining if the petitioner shall be barred from asserting his claim is consistent with that used in laches provisions generally. The petitioner is held to a standard of reasonable diligence. Any inference or presumption arising by reason of the failure to attack collaterally a conviction may be disregarded where (1) there has been a change of law or fact (new evidence) or (2) where the court, in the interest of justice, feels that the collateral attack should be entertained and the prisoner makes a proper showing as to why he has not asserted a particular ground for relief. Subdivision (a) establishes the presumption that the passage of more than five years from the time of the judgment of conviction to the time of filing a habeas petition is prejudicial to the state. Presumption has the meaning given it by Fed.R.Evid. 301. The prisoner has the burden of going forward with evidence to rebut or meet the presumption that the state has not been prejudiced by the passage of a substantial period of time. This does not impose too heavy a burden on the petitioner. He usually knows what persons are important to the issue of whether the state has been prejudiced. Rule 6 can be used by the court to allow petitioner liberal discovery to learn whether witnesses have died or whether other circumstances prejudicial to the state have occurred. Even if the petitioner should fail to overcome the presumption of prejudice to the state, he is not automatically barred from asserting his claim. As discussed previously, he may proceed if he neither knew nor, by the exercise of reasonable diligence, could have known of the grounds for relief. The presumption of prejudice does not come into play if the time lag is not more than five years. The time limitation should have a positive effect in encouraging petitioners who have knowledge of it to assert all their claims as soon after conviction as possible. The implementation of this rule can be substantially furthered by the development of greater legal resources for prisoners. See ABA Standards Relating to Post-Conviction Remedies  3.1, pp. 4950 (Approved Draft, 1968). Subdivision (a) does not constitute an abridgement or modification of a substantive right under 28 U.S.C.  2072. There are safeguards for the hardship case. The rule provides a flexible standard for determining when a petition will be barred. Subdivision (b) deals with the problem of successive habeas petitions. It provides that the judge may dismiss a second or successive petition (1) if it fails to allege new or different grounds for relief or (2) if new or different grounds for relief are alleged and the judge finds the failure of the petitioner to assert those grounds in a prior petition is inexcusable. In Sanders v. United States Controlling weight may 373 U.S. at 15 The requirement is that the prior determination of the same ground has been on the merits. This requirement is in 28 U.S.C.  2244(b) and has been reiterated in many cases since Sanders Gains v. Allgood Hutchinson v. Craven Brown v. Peyton With reference to a successive application asserting a new ground or one not previously decided on the merits, the court in Sanders In either case, full consideration of the merits of the new application can be avoided only if there has been an abuse of the writ * * * and this the Government has the burden of pleading. * * * Thus, for example, if a prisoner deliberately withholds one of two grounds for federal collateral relief at the time of filing his first application, * * * he may be deemed to have waived his right to a hearing on a second application presenting the withheld ground. 373 U.S. at 1718 Subdivision (b) has incorporated this principle and requires that the judge find petitioners failure to have asserted the new grounds in the prior petition to be inexcusable. Sanders The burden is on the government to plead abuse of the writ. See Sanders v. United States Dixon v. Jacobs Johnson v. Copinger Price v. Johnston [I]f the Government chooses * * * to claim that the prisoner has abused the writ of habeas corpus Subdivision (b) is consistent with the important and well established purpose of habeas corpus. It does not eliminate a remedy to which the petitioner is rightfully entitled. However, in Sanders Nothing in the traditions of habeas corpus requires the federal courts to tolerate needless piecemeal litigation, or to entertain collateral proceedings whose only purpose is to vex, harass, or delay. 373 U.S. at 18 There are instances in which petitioners failure to assert a ground in a prior petition is excusable. A retroactive change in the law and newly discovered evidence are examples. In rare instances, the court may feel a need to entertain a petition alleging grounds that have already been decided on the merits. Sanders The form petition, supplied in accordance with rule 2(c), encourages the petitioner to raise all of his available grounds in one petition. It sets out the most common grounds asserted so that these may be brought to his attention. Some commentators contend that the problem of abuse of the writ of habeas corpus is greatly overstated: Most prisoners, of course, are interested in being released as soon as possible; only rarely will one inexcusably neglect to raise all available issues in his first federal application. The purpose of the abuse bar is apparently to deter repetitious applications from those few bored or vindictive prisoners * * *. 83 Harv.L.Rev. at 11531154 See also ABA Standards Relating to Post-Conviction Remedies  6.2, commentary at 92 (Approved Draft, 1968), which states: The occasional, highly litigious prisoner stands out as the rarest exception. While no recent systematic study of repetitious applications exists, there is no reason to believe that the problem has decreased in significance in relation to the total number of  2254 petitions filed. That number has increased from 584 in 1949 to 12,088 in 1971. See Director of the Administrative Office of the United States Courts, Annual Report, table 16 (1971). It is appropriate that action be taken by rule to allow the courts to deal with this problem, whatever its specific magnitude. The bar set up by subdivision (b) is not one of rigid application, but rather is within the discretion of the courts on a case-by-case basis. If it appears to the court after examining the petition and answer (where appropriate) that there is a high probability that the petition will be barred under either subdivision of rule 9, the court ought to afford petitioner an opportunity to explain his apparent abuse. One way of doing this is by the use of the form annexed hereto. The use of a form will ensure a full airing of the issue so that the court is in a better position to decide whether the petition should be barred. This conforms with Johnson v. Copinger [T]he petitioner is obligated to present facts demonstrating that his earlier failure to raise his claims is excusable and does not amount to an abuse of the writ. However, it is inherent in this obligation placed upon the petitioner that he must be given an opportunity to make his explanation, if he has one. If he is not afforded such an opportunity, the requirement that he satisfy the court that he has not abused the writ is meaningless. Nor do we think that a procedure which allows the imposition of a forfeiture for abuse of the writ, without allowing the petitioner an opportunity to be heard on the issue, comports with the minimum requirements of fairness. 420 F.2d at 399 Use of the recommended form will contribute to an orderly handling of habeas petitions and will contribute to the ability of the court to distinguish the excusable from the inexcusable delay or failure to assert a ground for relief in a prior petition. Committee Notes on Rules2004 Amendment The language of Rule 9 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as noted below. First, current Rule 9(a) has been deleted as unnecessary in light of the applicable one-year statute of limitations for  2254 petitions, added as part of the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C.  2244(d). Second, current Rule 9(b), now Rule 9, has been changed to also reflect provisions in the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C.  2244(b)(3) and (4), which now require a petitioner to obtain approval from the appropriate court of appeals before filing a second or successive petition. Finally, the title of Rule 9 has been changed to reflect the fact that the only topic now addressed in the rules is that of second or successive petitions. Changes Made After Publication and Comments Amendments by Public Law 1976Subd. (a). Pub. L. 94426,  2(7) Subd. (b). Pub. L. 94426,  2(8) Rule 10. Powers of a Magistrate Judge A magistrate judge may perform the duties of a district judge under these rules, as authorized under 28 U.S.C.  636. (As amended Pub. L. 94426,  2(11) Sept. 28, 1976 90 Stat. 1335 Apr. 30, 1979 Aug. 1, 1979 Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Under this rule the duties imposed upon the judge of the district court by rules 2, 3, 4, 6, and 7 may be performed by a magistrate if and to the extent he is empowered to do so by a rule of the district court. However, when such duties involve the making of an order under rule 4 disposing of the petition, that order must be made by the court. The magistrate in such instances must submit to the court his report as to the facts and his recommendation with respect to the order. The Federal Magistrates Act allows magistrates, when empowered by local rule, to perform certain functions in proceedings for post-trial relief. See 28 U.S.C.  636(b)(3). The performance of such functions, when authorized, is intended to afford some degree of relief to district judges and their law clerks, who are presently burdened with burgeoning numbers of habeas corpus petitions and applications under 28 U.S.C.  2255. Committee on the Judiciary, The Federal Magistrates Act, S.Rep. No. 371, 90th Cong., 1st sess., 26 (1967). Under 28 U.S.C.  636(b), any district court, by the concurrence of a majority of all the judges of such district court, may establish rules pursuant to which any full-time United States magistrate * * * may be assigned within the territorial jurisdiction of such court such additional duties as are not inconsistent with the Constitution and laws of the United States. The proposed rule recognizes the limitations imposed by 28 U.S.C.  636(b) upon the powers of magistrates to act in federal postconviction proceedings. These limitations are: (1) that the magistrate may act only pursuant to a rule passed by the majority of the judges in the district court in which the magistrate serves, and (2) that the duties performed by the magistrate pursuant to such rule be consistent with the Constitution and laws of the United States. It has been suggested that magistrates be empowered by law to hold hearings and make final decisions in habeas proceedings. See Proposed Reformation of Federal Habeas Corpus Procedure: Use of Federal Magistrates, 54 Iowa L.Rev. 1147, 1158 (1969). However, the Federal Magistrates Act does not authorize such use of magistrates. Wingo v. Wedding Where a full-time magistrate is not available, the duties contemplated by this rule may be assigned to a part-time magistrate. 1979 Amendment This amendment conforms the rule to subsequently enacted legislation clarifying and further defining the duties which may be assigned to a magistrate, 18 U.S.C.  636, as amended in 1976 by Pub. L. 94577 The reference to particular rules is stricken, as under  636(b)(1)(A) a judge may designate a magistrate to perform duties under other rules as well (e.g., order that further transcripts be furnished under rule 5; appoint counsel under rule 8). The reference to established standards and criteria is stricken, as  636(4) requires each district court to establish rules pursuant to which the magistrates shall discharge their duties. The exception with respect to a rule 4 order dismissing a petition is stricken, as that limitation appears in  636(b)(1)(B) and is thereby applicable to certain other actions under these rules as well (e.g., determination of a need for an evidentiary hearing under rule 8; dismissal of a delayed or successive petition under rule 9). Committee Notes on Rules2004 Amendment The language of Rule 10 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments Amendments by Public Law 1976 Pub. L. 94426 Rule 11. Certificate of Appealability; Time to Appeal (a) Certificate of Appealability (b) Time to Appeal (As added Mar. 26, 2009 Dec. 1, 2009 Committee Notes on Rules2009 Subdivision (a). See Subdivision (b). Changes Made to Proposed Amendment Released for Public Comment Finally, a new subdivision (b) was added to mirror the information provided in subdivision (b) of Rule 11 of the Rules Governing  2255 Proceedings, directing petitioners to Rule 4 of the appellate rules and indicating that notice of appeal must be filed even if a COA is issued. Minor changes were also made to conform to style conventions.  References in Text The Federal Rules of Appellate Procedure, referred to in text, are set out in the Appendix to this title. Rule 12. Applicability of the Federal Rules of Civil Procedure The Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules. (As amended Apr. 26, 2004 Dec. 1, 2004 Mar. 26, 2009 Dec. 1, 2009 Advisory Committee Note Habeas corpus proceedings are characterized as civil in nature. See e.g., Fisher v. Baker Harris v. Nelson Harris We agree with the Ninth Circuit that Rule 33 of the Federal Rules of Civil Procedure is not applicable to habeas corpus proceedings and that 28 U.S.C.  2246 does not authorize interrogatories except in limited circumstances not applicable to this case; but we conclude that, in appropriate circumstances, a district court, confronted by a petition for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of suitable discovery procedures, including interrogatories, reasonably fashioned to elicit facts necessary to help the court to dispose of the matter as law and justice require 28 U.S.C.  2243. 394 U.S. at 290 The court then went on to consider the contention that the conformity provision of Rule 81(a)(2) should be rigidly applied so that the civil rules would be applicable only to the extent that habeas corpus practice had conformed to the practice in civil actions at the time of the adoption of the Federal Rules of Civil Procedure on September 16, 1938 Although there is little direct evidence, relevant to the present problem, of the purpose of the conformity provision of Rule 81(a)(2), the concern of the draftsmen, as a general matter, seems to have been to provide for the continuing applicability of the civil rules in their new form to those areas of practice in habeas corpus and other enumerated proceedings in which the specified proceedings had theretofore utilized the modes of civil practice. Otherwise, those proceedings were to be considered outside of the scope of the rules without prejudice, of course, to the use of particular rules by analogy or otherwise, where appropriate. 394 U.S. at 294 The court then reiterated its commitment to judicial discretion in formulating rules and procedures for habeas corpus proceedings by stating: [T]he habeas corpus jurisdiction and the duty to exercise it being present, the courts may fashion appropriate modes of procedure, by analogy to existing rules or otherwise in conformity with judicial usage. Where their duties require it, this is the inescapable obligation of the courts. Their authority is expressly confirmed in the All Writs Act, 28 U.S.C.  1651. 394 U.S. at 299 Rule 6 of these proposed rules deals specifically with the issue of discovery in habeas actions in a manner consistent with Harris Rule 11 permits application of the civil rules only when it would be appropriate to do so. Illustrative of an inappropriate application is that rejected by the Supreme Court in Pitchess v. Davis Committee Notes on Rules2004 Amendment The language of Rule 11 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The amendment renumbers current Rule 11 to accommodate the new rule on certificates of appealability.  References in Text The Federal Rules of Civil Procedure, referred to in heading and text, are set out in the Appendix to this title. APPENDIX OF FORMS IN FORMA PAUPERIS DECLARATION _________________________ [Insert appropriate court] ______________ DECLARATION IN (Petitioner) SUPPORT OF REQUEST v. TO PROCEED ______________ IN FORMA (Respondent(s)) PAUPERIS I, ______________, declare that I am the petitioner in the above entitled case; that in support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am entitled to relief. 1. Are you presently employed? Yes  No  a. If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your employer. _________________________ _________________________ b. If the answer is no, state the date of last employment and the amount of the salary and wages per month which you received. _________________________ _________________________ 2. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or form of self-employment? Yes  No  b. Rent payments, interest or dividends? Yes  No  c. Pensions, annuities or life insurance payments? Yes  No  d. Gifts or inheritances? Yes  No  e. Any other sources? Yes  No  If the answer to any of the above is yes, describe each source of money and state the amount received from each during the past twelve months. ___________________________ ___________________________ ___________________________ ___________________________ 3. Do you own cash, or do you have money in a checking or savings account? Yes  No  (Include any funds in prison accounts.) If the answer is yes, state the total value of the items owned. ___________________________ ___________________________ ___________________________ 4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? Yes  No  If the answer is yes, describe the property and state    its    approximate    value. ___________________________ ___________________________ ___________________________ 5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. ___________________________ ___________________________ ___________________________ I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on _____. (date)  ______________ Signature of Petitioner Certificate I hereby certify that the petitioner herein has the sum of $____ on account to his credit at the ____ institution where he is confined. I further certify that petitioner likewise has the following securities to his credit according to the records of said ____ institution: _________________________ _________________________ _________________________ _________________________  ______________ Authorized Officer of Institution (As amended Apr. 28, 1982 Aug. 1, 1982 Apr. 26, 2004 Dec. 1, 2004 MODEL FORM FOR USE IN 28 U.S.C.  2254 CASES INVOLVING A RULE 9 ISSUE Apr. 30, 2007 Dec. 1, 2007 Changes Made After Publication and CommentsForms Accompanying Rules Governing  2254 and  2255 Proceedings  2255. Federal custody; remedies on motion attacking sentence (a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. (b) Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate. (c) A court may entertain and determine such motion without requiring the production of the prisoner at the hearing. (d) An appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus. (e) An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention. (f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of (1) the date on which the judgment of conviction becomes final; (2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. (g) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18 (h) A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. ( June 25, 1948, ch. 646 62 Stat. 967 May 24, 1949, ch. 139,  114 63 Stat. 105 Pub. L. 104132, title I,  105 Apr. 24, 1996 110 Stat. 1220 Pub. L. 110177, title V,  511 Jan. 7, 2008 121 Stat. 2545  Historical and Revision Notes 1948 Act This section restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis. It provides an expeditious remedy for correcting erroneous sentences without resort to habeas corpus. It has the approval of the Judicial Conference of the United States. Its principal provisions are incorporated in H.R. 4233, Seventy-ninth Congress. 1949 Act This amendment conforms language of section 2255 of title 28 Editorial Notes  References in Text Section 408 of the Controlled Substances Act, referred to in subsec. (g), is classified to section 848 of Title 21 Amendments 2008 Pub. L. 110177 1996 Pub. L. 104132 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Approval and Effective Date of Rules Governing Section 2254 Cases and Section 2255 Proceedings For United States District Courts For approval and effective date of rules governing petitions under section 2254 and motions under section 2255 of this title Feb. 1, 1977 section 1 of Pub. L. 94426 section 2074 of this title Postponement of Effective Date of Proposed Rules and Forms Governing Proceedings Under Sections 2254 and 2255 of this Title Rules and forms governing proceedings under sections 2254 and 2255 of this title proposed by Supreme Court order of Apr. 26, 1976 section 2 of Pub. L. 94349 section 2074 of this title   RULES GOVERNING SECTION 2255 PROCEEDINGS FOR THE UNITED STATES DISTRICT COURTS (Effective Feb. 1, 1977 Dec. 26, 2023 Rule  1. Scope. 2. The Motion. 3. Filing the Motion; Inmate Filing. 4. Preliminary Review. 5. The Answer and the Reply. 6. Discovery. 7. Expanding the Record. 8. Evidentiary Hearing. 9. Second or Successive Motions. 10. Powers of a Magistrate Judge. 11. Certificate of Appealability; Time to Appeal. 12. Applicability of the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. APPENDIX OF FORMS Motion Under 28 U.S.C.  2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody. Effective Date of Rules; Effective Date of 1975 Amendment Rules, and the amendments thereto by Pub. L. 94426 Sept. 28, 1976 90 Stat. 1334 section 2254 of this title section 2255 of this title Feb. 1, 1977 section 1 of Pub. L. 94426 section 2074 of this title Rule 1. Scope These rules govern a motion filed in a United States district court under 28 U.S.C.  2255 by: (a) a person in custody under a judgment of that court who seeks a determination that: (1) the judgment violates the Constitution or laws of the United States; (2) the court lacked jurisdiction to enter the judgment; (3) the sentence exceeded the maximum allowed by law; or (4) the judgment or sentence is otherwise subject to collateral review; and (b) a person in custody under a judgment of a state court or another federal court, and subject to future custody under a judgment of the district court, who seeks a determination that: (1) future custody under a judgment of the district court would violate the Constitution or laws of the United States; (2) the district court lacked jurisdiction to enter the judgment; (3) the district courts sentence exceeded the maximum allowed by law; or (4) the district courts judgment or sentence is otherwise subject to collateral review. (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note The basic scope of this postconviction remedy is prescribed by 28 U.S.C.  2255. Under these rules the person seeking relief from federal custody files a motion to vacate, set aside, or correct sentence, rather than a petition for habeas corpus. This is consistent with the terminology used in section 2255 and indicates the difference between this remedy and federal habeas for a state prisoner. Also, habeas corpus is available to the person in federal custody if his remedy by motion is inadequate or ineffective to test the legality of his detention. Whereas sections 22412254 (dealing with federal habeas corpus for those in state custody) speak of the district court judge issuing the writ as the operative remedy, section 2255 provides that, if the judge finds the movants assertions to be meritorious, he shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate. This is possible because a motion under  2255 is a further step in the movants criminal case and not a separate civil action, as appears from the legislative history of section 2 of S. 20, 80th Congress, the provisions of which were incorporated by the same Congress in title 28 U.S.C. as  2255. In reporting S. 20 favorably the Senate Judiciary Committee said (Sen. Rep. 1526, 80th Cong. 2d Sess., p. 2): The two main advantages of such motion remedy over the present habeas corpus are as follows: First, habeas corpus is a separate civil action and not a further step in the criminal case in which petitioner is sentenced ( Ex parte Tom Tong Medley The fact that a motion under  2255 is a further step in the movants criminal case rather than a separate civil action has significance at several points in these rules. See, e.g not The challenge of decisions such as the revocation of probation or parole are not appropriately dealt with under 28 U.S.C.  2255, which is a continuation of the original criminal action. Other remedies, such as habeas corpus, are available in such situations. Although rule 1 indicates that these rules apply to a motion for a determination that the judgment was imposed in violation of the . . . laws of the United States, the language of 28 U.S.C.  2255, it is not the intent of these rules to define or limit what is encompassed within that phrase. See Davis v. United States For a discussion of the custody requirement and the intended limited scope of this remedy, see advisory committee note to  2254 rule 1. Committee Notes on Rules2004 Amendment The language of Rule 1 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments Rule 2. The Motion (a) Applying for Relief (b) Form (1) specify all the grounds for relief available to the moving party; (2) state the facts supporting each ground; (3) state the relief requested; (4) be printed, typewritten, or legibly handwritten; and (5) be signed under penalty of perjury by the movant or by a person authorized to sign it for the movant. (c) Standard Form (d) Separate Motions for Separate Judgments (As amended Pub. L. 94426,  2(3) Sept. 28, 1976 90 Stat. 1334 Apr. 28, 1982 Aug. 1, 1982 Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Under these rules the application for relief is in the form of a motion rather than a petition (see rule 1 and advisory committee note). Therefore, there is no requirement that the movant name a respondent. This is consistent with 28 U.S.C.  2255. The United States Attorney for the district in which the judgment under attack was entered is the proper party to oppose the motion since the federal government is the movants adversary of record. If the movant is attacking a federal judgment which will subject him to future custody, he must be in present custody (see rule 1 and advisory committee note) as the result of a state or federal governmental action. He need not alter the nature of the motion by trying to include the government officer who presently has official custody of him as a psuedo-respondent, or third-party plaintiff, or other fabrication. The court hearing his motion attacking the future custody can exercise jurisdiction over those having him in present custody without the use of artificial pleading devices. There is presently a split among the courts as to whether a person currently in state custody may use a  2255 motion to obtain relief from a federal judgment under which he will be subjected to custody in the future. Negative, see Newton v. United States Desmond v. The United States Board of Parole Paalino v. United States Under rule 35, Federal Rules of Criminal Procedure, the court may correct an illegal sentence or a sentence imposed in an illegal manner, or may reduce the sentence. This remedy should be used, rather than a motion under these  2255 rules, whenever applicable, but there is some overlap between the two proceedings which has caused the courts difficulty. The movant should not be barred from an appropriate remedy because he has misstyled his motion. See United States v. Morgan Heflin v. United States United States v. Coke Hawkins v. United States Moss v. United States Jones v. United States United States v. Brown One area of difference between  2255 and rule 35 motions is that for the latter there is no requirement that the movant be in custody. Heflin v. United States Duggins v. United States Peyton v. Rowe A rule 35 motion is used to attack the sentence imposed, not the basis for the sentence. The court in Gilinsky v. United States United States v. Semet As regards Defendants Motion under Rule 35, said Motion must be denied as its presupposes a valid conviction of the offense with which he was charged and may be used only to attack the sentence. It may not be used to examine errors occurring prior to the imposition of sentence. 295 F.Supp. at 1085 See also: Moss v. United States Duggins v. United States Migdal v. United States Jones v. United States United States v. Coke United States v. Brown A major difficulty in deciding whether rule 35 or  2255 is the proper remedy is the uncertainty as to what is meant by an illegal sentence. The Supreme Court dealt with this issue in Hill v. United States [T]he narrow function of Rule 35 is to permit correction at any time of an illegal sentence 368 U.S. at 430 The four dissenters felt the majority definition of illegal was too narrow. [Rule 35] provides for the correction of an illegal sentence without regard to the reasons why that sentence is illegal and contains not a single word to support the Courts conclusion that only a sentence illegal by reason of the punishment it imposes is illegal within the meaning of the Rule. I would have thought that a sentence imposed in an illegal mannerwhether the amount or form of the punishment meted out constitutes an additional violation of law or notwould be recognized as an illegal sentence under any normal reading of the English language. 368 U.S. at 431432 The 1966 amendment of rule 35 added language permitting correction of a sentence imposed in an illegal manner. However, there is a 120-day time limit on a motion to do this, and the added language does not clarify the intent of the rule or its relation to  2255. The courts have been flexible in considering motions under circumstances in which relief might appear to be precluded by Hill v. United States Peterson v. United States The courts have made even greater use of  2255 in these types of situations. In United States v. Lewis Hill v. United States In United States v. McCarthy The court in United States v. Malcolm The flexible approach taken by the courts in the above cases seems to be the reasonable way to handle these situations in which rule 35 and  2255 appear to overlap. For a further discussion of this problem, see C. Wright, Federal Practice and Procedure; Criminal  581587 (1969, Supp. 1975). See the advisory committee note to rule 2 of the  2254 rules for further discussion of the purposes and intent of rule 2 of these  2255 rules. 1982 Amendment Subdivision (b). The amendment takes into account 28 U.S.C.  1746, enacted after adoption of the  2255 rules. Section 1746 provides that in lieu of an affidavit an unsworn statement may be given under penalty of perjury in substantially the following form if executed within the United States, its territories, possessions or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). The statute is intended to encompass prisoner litigation, and the statutory alternative is especially appropriate in such cases because a notary might not be readily available. Carter v. Clark Committee Notes on Rules2004 Amendment The language of Rule 2 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. Revised Rule 2(b)(5) has been amended by removing the requirement that the motion be signed personally by the moving party. Thus, under the amended rule the motion may be signed by [the] movant personally or by someone acting on behalf of the movant, assuming that the person is authorized to do so, for example, an attorney for the movant. The Committee envisions that the courts would apply third-party, or next-friend, standing analysis in deciding whether the signer was actually authorized to sign the motion on behalf of the movant. See generally Whitmore v. Arkansas See also The language in new Rule 2(c) has been changed to reflect that a moving party must substantially follow the standard form, which is appended to the rules, or a form provided by the court. The current rule, Rule 2(c), seems to indicate a preference for the standard national form. Under the amended rule, there is no stated preference. The Committee understood that the current practice in some courts is that if the moving party first files a motion using the national form, that courts may ask the moving party to supplement it with the local form. Current Rule 2(d), which provided for returning an insufficient motion[,] has been deleted. The Committee believed that the approach in Federal Rule of Civil Procedure 5(e) was more appropriate for dealing with motions that do not conform to the form requirements of the rule. That Rule provides that the clerk may not refuse to accept a filing solely for the reason that it fails to comply with these rules or local rules. Before the adoption of a one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996, 110 Stat. 1214 see Changes Made After Publication and Comments Rule 2(b)(4) was also modified to reflect that some motions may be printed using a word processing program. Finally, Rule 2(b)(5) was changed to emphasize that any person, other than the petitioner, who signs the petition must be authorized to do so. Amendments 1976Subd. (b). Pub. L. 94426,  2(3) Subd. (d). Pub. L. 94426,  2(4) Rule 3. Filing the Motion; Inmate Filing (a) Where to File; Copies (b) Filing and Service (c) Time to File (d) Inmate Filing (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note There is no filing fee required of a movant under these rules. This is a change from the practice of charging $15 and is done to recognize specifically the nature of a  2255 motion as being a continuation of the criminal case whose judgment is under attack. The long-standing practice of requiring a $15 filing fee has followed from 28 U.S.C.  1914(a) whereby parties instituting any civil action * * * pay a filing fee of $15, except that on an application for a writ of habeas corpus the filing fee shall be $5. This has been held to apply to a proceeding under  2255 despite the rationale that such a proceeding is a motion and thus a continuation of the criminal action. (See note to rule 1.) A motion under Section 2255 is a civil action and the clerk has no choice but to charge a $15.00 filing fee unless by leave of court it is filed in forma pauperis. McCune United States Although the motion has been considered to be a new civil action in the nature of habeas corpus for filing purposes, the reduced fee for habeas has been held not applicable. The Tenth Circuit considered the specific issue in Martin United States Counsel for Martin insists that, if a docket fee must be paid, the amount is $5 rather than $15 and bases his contention on the exception contained in 28 U.S.C.  1914 that in habeas corpus the fee is $5. This reads into  1914 language which is not there. While an application under  2255 may afford the same relief as that previously obtainable by habeas corpus, it is not a petition for a writ of habeas corpus. A change in  1914 must come from Congress. 273 F.2d at 778 Although for most situations  2255 is intended to provide to the federal prisoner a remedy equivalent to habeas corpus as used by state prisoners, there is a major distinction between the two. Calling a  2255 request for relief a motion rather than a petition militates toward charging no new filing fee, not an increased one. In the absence of convincing evidence to the contrary, there is no reason to suppose that Congress did not mean what it said in making a  2255 action a motion. Therefore, as in other motions filed in a criminal action, there is no requirement of a filing fee. It is appropriate that the present situation of docketing a  2255 motion as a new action and charging a $15 filing fee be remedied by the rule when the whole question of  2255 motions is thoroughly thought through and organized. Even though there is no need to have a forma pauperis affidavit to proceed with the action since there is no requirement of a fee for filing the motion the affidavit remains attached to the form to be supplied potential movants. Most such movants are indigent, and this is a convenient way of getting this into the official record so that the judge may appoint counsel, order the government to pay witness fees, allow docketing of an appeal, and grant any other rights to which an indigent is entitled in the course of a  2255 motion, when appropriate to the particular situation, without the need for an indigency petition and adjudication at such later point in the proceeding. This should result in a streamlining of the process to allow quicker disposition of these motions. For further discussion of this rule, see the advisory committee note to rule 3 of the  2254 rules. Committee Notes on Rules2004 Amendment The language of Rule 3 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as indicated below. Revised Rule 3(b) is new and is intended to parallel Federal Rule of Civil Procedure 5(e), which provides that the clerk may not refuse to accept a filing solely for the reason that it fails to comply with these rules or local rules. Before the adoption of a one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996, 110 Stat. 1214 see Revised Rule 3(c), which sets out a specific reference to 28 U.S.C.  2255, paragraph 6, is new and has been added to put moving parties on notice that a one-year statute of limitations applies to motions filed under these Rules. Although the rule does not address the issue, every circuit that has addressed the issue has taken the position that equitable tolling of the statute of limitations is available in appropriate circumstances. See, e.g., Dunlap v. United States Moore v. United States Sandvik v. United States See Duncan v. Walker Rule 3(d) is new and provides guidance on determining whether a motion from an inmate is considered to have been filed in a timely fashion. The new provision parallels Federal Rule of Appellate Procedure 25(a)(2)(C). Changes Made After Publication and Comments Rule 4. Preliminary Review (a) Referral to a Judge (b) Initial Consideration by the Judge (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Rule 4 outlines the procedure for assigning the motion to a specific judge of the district court and the options available to the judge and the government after the motion is properly filed. The long-standing majority practice in assigning motions made pursuant to  2255 has been for the trial judge to determine the merits of the motion. In cases where the  2255 motion is directed against the sentence, the merits have traditionally been decided by the judge who imposed sentence. The reasoning for this was first noted in Currell v. United States Complaint is made that the judge who tried the case passed upon the motion. Not only was there no impropriety in this, but it is highly desirable in such cases that the motions be passed on by the judge who is familiar with the facts and circumstances surrounding the trial, and is consequently not likely to be misled by false allegations as to what occurred. This case, and its reasoning, has been almost unanimously endorsed by other courts dealing with the issue. Commentators have been critical of having the motion decided by the trial judge. See Developments in the LawFederal Habeas Corpus, 83 Harv.L.Rev. 1038, 12061208 (1970). [T]he trial judge may have become so involved with the decision that it will be difficult for him to review it objectively. Nothing in the legislative history suggests that court refers to a specific judge, and the procedural advantages of section 2255 are available whether or not the trial judge presides at the hearing. The theory that Congress intended the trial judge to preside at a section 2255 hearing apparently originated in Carvell v. United States 83 Harv.L.Rev. at 12071208 The Court of Appeals for the First Circuit has held that a judge other than the trial judge should rule on the 2255 motion. See Halliday v. United States There is a procedure by which the movant can have a judge other than the trial judge decide his motion in courts adhering to the majority rule. He can file an affidavit alleging bias in order to disqualify the trial judge. And there are circumstances in which the trial judge will, on his own, disqualify himself. See, e.g., Webster v. United States Subdivision (a) adopts the majority rule and provides that the trial judge, or sentencing judge if different and appropriate for the particular motion, will decide the motion made pursuant to these rules, recognizing that, under some circumstances, he may want to disqualify himself. A movant is not without remedy if he feels this is unfair to him. He can file an affidavit of bias. And there is the right to appellate review if the trial judge refuses to grant his motion. Because the trial judge is thoroughly familiar with the case, there is obvious administrative advantage in giving him the first opportunity to decide whether there are grounds for granting the motion. Since the motion is part of the criminal action in which was entered the judgment to which it is directed, the files, records, transcripts, and correspondence relating to that judgment are automatically available to the judge in his consideration of the motion. He no longer need order them incorporated for that purpose. Rule 4 has its basis in  2255 (rather than 28 U.S.C.  2243 in the corresponding habeas corpus rule) which does not have a specific time limitation as to when the answer must be made. Also, under  2255, the United States Attorney for the district is the party served with the notice and a copy of the motion and required to answer (when appropriate). Subdivision (b) continues this practice since there is no respondent involved in the motion (unlike habeas) and the United States Attorney, as prosecutor in the case in question, is the most appropriate one to defend the judgment and oppose the motion. The judge has discretion to require an answer or other appropriate response from the United States Attorney. See advisory committee note to rule 4 of the  2254 rules. Committee Notes on Rules2004 Amendment The language of Rule 4 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. The amended rule reflects that the response to a Section 2255 motion may be a motion to dismiss or some other response. Changes Made After Publication and Comments Rule 5. The Answer and the Reply (a) When Required (b) Contents (c) Records of Prior Proceedings (d) Reply (As amended Apr. 26, 2004 Dec. 1, 2004 Apr. 25, 2019 Dec. 1, 2019 Advisory Committee Note Unlike the habeas corpus statutes (see 28 U.S.C.  2243, 2248)  2255 does not specifically call for a return or answer by the United States Attorney or set any time limits as to when one must be submitted. The general practice, however, if the motion is not summarily dismissed, is for the government to file an answer to the motion as well as counter-affidavits, when appropriate. Rule 4 provides for an answer to the motion by the United States Attorney, and rule 5 indicates what its contents should be. There is no requirement that the movant exhaust his remedies prior to seeking relief under  2255. However, the courts have held that such a motion is inappropriate if the movant is simultaneously appealing the decision. We are of the view that there is no jurisdictional bar to the District Courts entertaining a Section 2255 motion during the pendency of a direct appeal but that the orderly administration of criminal law precludes considering such a motion absent extraordinary circumstances. Womack v. United States Also see Masters v. Eide There is nothing in  2255 which corresponds to the  2248 requirement of a traverse to the answer. Numerous cases have held that the governments answer and affidavits are not conclusive against the movant, and if they raise disputed issues of fact a hearing must be held. Machibroda v. United States United States v. Salerno Romero v. United States Scott v. United States Schiebelhut v. United States Del Piano v. United States Subdivision (b) provides for the government to supplement its answers with appropriate copies of transcripts or briefs if for some reason the judge does not already have them under his control. This is because the government will in all probability have easier access to such papers than the movant, and it will conserve the courts time to have the government produce them rather than the movant, who would in most instances have to apply in forma pauperis for the government to supply them for him anyway. For further discussion, see the advisory committee note to rule 5 of the  2254 rules. Committee Notes on Rules2004 Amendment The language of Rule 5 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Revised Rule 5(a), which provides that the respondent is not required to file an answer to the motion, unless a judge so orders, is taken from current Rule 3(b). The revised rule does not address the practice in some districts, where the respondent files a pre-answer motion to dismiss the motion. But revised Rule 4(b) contemplates that practice and has been changed to reflect the view that if the court does not dismiss the motion, it may require (or permit) the respondent to file a motion. Finally, revised Rule 5(d) adopts the practice in some jurisdictions giving the movant an opportunity to file a reply to the respondents answer. Rather than using terms such as traverse, see Changes Made After Publication and Comments Finally, the Committee changed the Note to address the use of the term traverse, a point raised by one of the commentators on the proposed rule. Committee Notes on Rules2019 Amendment The moving party has a right to file a reply. Subsection (d), added in 2004, removed the discretion of the court to determine whether or not to allow the moving party to file a reply in a case under  2255. The current amendment was prompted by decisions holding that courts nevertheless retained the authority to bar a reply. As amended, the first sentence of subsection (d) makes it even clearer that the moving party has a right to file a reply to the respondents answer or pleading. It retains the word may, which is used throughout the federal rules to mean is permitted to or has a right to. No change in meaning is intended by the substitution of file for submit. As amended, the second sentence of the rule retains the courts discretion to decide when the reply must be filed (but not whether it may be filed). To avoid uncertainty, the amended rule requires the court to set a time for filing if that time is not already set by local rule. Adding a reference to the time for the filing of any reply to the order requiring the government to file an answer or other pleading provides notice of that deadline to both parties. Rule 6. Discovery (a) Leave of Court Required (b) Requesting Discovery (c) Deposition Expenses (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note This rule differs from the corresponding discovery rule under the  2254 rules in that it includes the processes of discovery available under the Federal Rules of Criminal Procedure as well as the civil. This is because of the nature of a  2255 motion as a continuing part of the criminal proceeding (see advisory committee note to rule 1) as well as a remedy analogous to habeas corpus by state prisoners. See the advisory committee note to rule 6 of the  2254 rules. The discussion there is fully applicable to discovery under these rules for  2255 motions. Committee Notes on Rules2004 Amendment The language of Rule 6 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as indicated below. Although current Rule 6(b) contains no requirement that the parties provide reasons for the requested discovery, the revised rule does so and also includes a requirement that the request be accompanied by any proposed interrogatories and requests for admission, and must specify any requested documents. The Committee believes that the revised rule makes explicit what has been implicit in current practice. Changes Made After Publication and Comments  References in Text The Federal Rules of Criminal Procedure, referred to in subd. (a), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The Federal Rules of Civil Procedure, referred to in subd. (a), are set out in the Appendix to this title. Rule 7. Expanding the Record (a) In General (b) Types of Materials (c) Review by the Opposing Party (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note It is less likely that the court will feel the need to expand the record in a  2255 proceeding than in a habeas corpus proceeding, because the trial (or sentencing) judge is the one hearing the motion (see rule 4) and should already have a complete file on the case in his possession. However, rule 7 provides a convenient method for supplementing his file if the case warrants it. See the advisory committee note to rule 7 of the  2254 rules for a full discussion of reasons and procedures for expanding the record. Committee Notes on Rules2004 Amendment The language of Rule 7 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Revised Rule 7(a) is not intended to restrict the courts authority to expand the record through means other than requiring the parties themselves to provide the information. The language in current Rule 7(d), which deals with authentication of materials in the expanded record, has been moved to revised Rule 7(a). Changes Made After Publication and Comments Rule 8. Evidentiary Hearing (a) Determining Whether to Hold a Hearing (b) Reference to a Magistrate Judge (c) Appointing Counsel; Time of Hearing (d) Producing a Statement (As amended Pub. L. 94426,  2(6) Sept. 28, 1976 90 Stat. 1335 Pub. L. 94577,  2(a)(2) Oct. 21, 1976 90 Stat. 2730 Apr. 22, 1993 Dec. 1, 1993 Apr. 26, 2004 Dec. 1, 2004 Mar. 26, 2009 Dec. 1, 2009 Advisory Committee Note The standards for  2255 hearings are essentially the same as for evidentiary hearings under a habeas petition, except that the previous federal fact-finding proceeding is in issue rather than the states. Also  2255 does not set specific time limits for holding the hearing, as does  2243 for a habeas action. With these minor differences in mind, see the advisory committee note to rule 8 of  2254 rules, which is applicable to rule 8 of these  2255 rules. 1993 Amendment The amendment to Rule 8 is one of a series of parallel amendments to Federal Rules of Criminal Procedure 32, 32.1, and 46 which extend the scope of Rule 26.2 (Production of Witness Statements) to proceedings other than the trial itself. The amendments are grounded on the compelling need for accurate and credible information in making decisions concerning the defendants liberty. See see, e.g., United States v. White Committee Notes on Rules2004 Amendment The language of Rule 8 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as described below. The requirement in current Rule 8(b)(2) that a copy of the magistrate judges findings must be promptly mailed to all parties has been changed in revised Rule 8(b) to require that copies of those findings be served on all parties. As used in this rule, service means service consistent with Federal Rule of Civil Procedure 5(b), which allows mailing the copies. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The time set in the former rule at 10 days has been revised to 14 days. See the Committee Note to Federal Rules of Criminal Procedure 45(a).  References in Text The Federal Rules of Criminal Procedure, referred to in subd. (d), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. Amendments by Public Law 1976Subd. (b). Pub. L. 94577,  2(a)(2) section 636(b) of this title Subd. (c). Pub. L. 94577,  2(b)(2) Pub. L. 94426 section 3006A of title 18 Effective Date of 1976 Amendment Amendments made by Pub. L. 94577 section 2255 of this title Feb. 1, 1977 section 2(c) of Pub. L. 94577 Section 2254 of this title Rule 9. Second or Successive Motions Before presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C.  2255, para. 8. (As amended Pub. L. 94426,  2(9) Sept. 28, 1976 90 Stat. 1335 Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note Unlike the statutory provisions on habeas corpus (28 U.S.C.  22412254),  2255 specifically provides that a motion for such relief may be made at any time. Some courts have held that the literal language of  2255 precludes any possible time bar to a motion brought under it. In Heflin v. United States The statute [28 U.S.C.  2255] further provides; A motion * * * may be made at any time. This * * * simply means that, as in habeas corpus, there is no statute of limitations, no res judicata 358 U.S. at 420 McKinney v. United States McKinneys present application for relief comes late in the day: he has served some fifteen years in prison. But tardiness is irrelevant where a constitutional issue is raised and where the prisoner is still confined. 208 F.2d at 846, 847 In accord, see: Juelich v. United States Conners v. United States Sturrup v. United States Banks v. United States It has also been held that delay in filing a  2255 motion does not bar the movant because of lack of reasonable diligence in pressing the claim. The statute [28 U.S.C.  2255], when it states that the motion may be made at any time, excludes the addition of a showing of diligence in delayed filings. A number of courts have considered contentions similar to those made here and have concluded that there are no time limitations. This result excludes the requirement of diligence which is in reality a time limitation. Haier v. United States Other courts have recognized that delay may have a negative effect on the movant. In Raines v. United States [B]oth petitioners silence for extended periods, one for 28 months and the other for nine years, serves to render their allegations less believable. Although a delay in filing a section 2255 motion is not a controlling element * * * it may merit some consideration * * *. 423 F.2d at 531 In Aiken v. United States Parker v. United States Le Clair v. United States Malone v. United States Howell v. United States United States v. Wiggins There have been holdings by some courts that a delay in filing a  2255 motion operates to increase the burden of proof which the movant must meet to obtain relief. The reasons for this, as expressed in United States v. Bostic Obviously, the burden of proof on a motion to vacate a sentence under 28 U.S.C.  2255 is on the moving party. . . . The burden is particularly heavy if the issue is one of fact and a long time has elapsed since the trial of the case. While neither the statute of limitations nor laches can bar the assertion of a constitutional right, nevertheless, the passage of time may make it impracticable to retry a case if the motion is granted and a new trial is ordered. No doubt, at times such a motion is a product of an afterthought. Long delay may raise a question of good faith. 206 F.Supp. at 856857 See also United States v. Wiggins A requirement that the movant display reasonable diligence in filing a  2255 motion has been adopted by some courts dealing with delayed motions. The court in United States v. Moore [W]e agree with the District Court that the petitioner has too long slept upon his rights. * * * [A]pparently there is no limitation of time within which * * * a motion to vacate may be filed, except that an applicant must show reasonable diligence in presenting his claim. * * * The reasons which support the rule requiring diligence seem obvious. * * * Law enforcement officials change, witnesses die, memories grow dim. The prosecuting tribunal is put to a disadvantage if an unexpected retrial should be necessary after long passage of time. 166 F.2d at 105 In accord see Desmond v. United States One of the major arguments advanced by the courts which would penalize a movant who waits an unduly long time before filing a  2255 motion is that such delay is highly prejudicial to the prosecution. In Desmond v. United States [A]pplications for relief such as this must be made promptly. It will not do for a prisoner to wait until government witnesses have become unavailable as by death, serious illness or absence from the country, or until the memory of available government witnesses has faded. It will not even do for a prisoner to wait any longer than is reasonably necessary to prepare appropriate moving papers, however inartistic, after discovery of the deception practiced upon him by his attorney. 333 F.2d at 381 In a similar vein are United States v. Moore United States v. Bostic United States v. Wiggins Subdivision (a) provides a flexible, equitable time limitation based on laches to prevent movants from withholding their claims so as to prejudice the government both in meeting the allegations of the motion and in any possible retrial. It includes a reasonable diligence requirement for ascertaining possible grounds for relief. If the delay is found to be excusable, or nonprejudicial to the government, the time bar is inoperative. Subdivision (b) is consistent with the language of  2255 and relevant case law. The annexed form is intended to serve the same purpose as the comparable one included in the  2254 rules. For further discussion applicable to this rule, see the advisory committee note to rule 9 of the  2254 rules. Committee Notes on Rules2004 Amendment The language of Rule 9 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended, except as indicated below. First, current Rule 9(a) has been deleted as unnecessary in light of the applicable one-year statute of limitations for  2255 motions, added as part of the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C.  2255, para. 6. Second, the remainder of revised Rule 9 reflects provisions in the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C.  2255, parh. [sic] 8, which now require a moving party to obtain approval from the appropriate court of appeals before filing a second or successive motion. Finally, the title of the rule has been changed to reflect the fact that the revised version addresses only the topic of second or successive motions. Changes Made After Publication and Comments Amendments by Public Law 1976Subd. (a). Pub. L. 94426,  2(9) Subd. (b). Pub. L. 94426,  2(10) Rule 10. Powers of a Magistrate Judge A magistrate judge may perform the duties of a district judge under these rules, as authorized by 28 U.S.C.  636. (As amended Pub. L. 94426,  2(12) Sept. 28, 1976 90 Stat. 1335 Apr. 30, 1979 Aug. 1, 1979 Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note See the advisory committee note to rule 10 of the  2254 rules for a discussion fully applicable here as well. 1979 Amendment This amendment conforms the rule to 18 U.S.C.  636. See Advisory Committee Note to rule 10 of the Rules Governing Section 2254 Cases in the United States District Courts. Committee Notes on Rules2004 Amendment The language of Rule 10 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments Amendments by Public Law 1976 Pub. L. 94426 Rule 11. Certificate of Appealability; Time to Appeal (a) Certificate of Appealability (b) Time to Appeal (As amended Apr. 30, 1979 Aug. 1, 1979 Apr. 26, 2004 Dec. 1, 2004 Mar. 26, 2009 Dec. 1, 2009 Advisory Committee Note Rule 11 is intended to make clear that, although a  2255 action is a continuation of the criminal case, the bringing of a  2255 action does not extend the time. 1979 Amendment Prior to the promulgation of the Rules Governing Section 2255 Proceedings, the courts consistently held that the time for appeal in a section 2255 case is as provided in Fed.R.App.P. 4(a), that is, 60 days when the government is a party, rather than as provided in appellate rule 4(b), which says that the time is 10 days in criminal cases. This result has often been explained on the ground that rule 4(a) has to do with civil cases and that proceedings under section 2255 are civil in nature. E.g., Rothman v. United States Even though section 2255 proceedings are a further step in the criminal case, the added sentence correctly states current law. In United States v. Hayman Mercado v. United States Mercado Committee Notes on Rules2004 Amendment The language of Rule 11 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment Subdivision (a) See Subdivision (b) Changes Made to Proposed Amendment Released for Public Comment Minor changes were also made to conform to style conventions.  References in Text The Federal Rules of Appellate Procedure, referred to in text, are set out in the Appendix to this title. Rule 12. Applicability of the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure The Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules. (As amended Apr. 26, 2004 Dec. 1, 2004 Advisory Committee Note This rule differs from rule 11 of the  2254 rules in that it includes the Federal Rules of Criminal Procedure as well as the civil. This is because of the nature of a  2255 motion as a continuing part of the criminal proceeding (see advisory committee note to rule 1) as well as a remedy analogous to habeas corpus by state prisoners. Since  2255 has been considered analogous to habeas as respects the restrictions in Fed.R.Civ.P. 81(a)(2) (see Sullivan v. United States Committee Notes on Rules2004 Amendment The language of Rule 12 has been amended as part of general restyling of the rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic and no substantive change is intended. Changes Made After Publication and Comments  References in Text The Federal Rules of Civil Procedure, referred to in heading and text, are set out in the Appendix to this title. The Federal Rules of Criminal Procedure, referred to in heading and text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure. APPENDIX OF FORMS IN FORMA PAUPERIS DECLARATION _________________________ [Insert appropriate court] United States DECLARATION IN SUPPORT v. OF REQUEST ______________ TO PROCEED (Movant) IN FORMA PAUPERIS I, ______________, declare that I am the movant in the above entitled case; that in support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that because of my poverty, I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am entitled to relief. 1. Are you presently employed? Yes  No  a. If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your employer. _________________________ _________________________ b. If the answer is no, state the date of last employment and the amount of the salary and wages per month which you received. _________________________ _________________________ 2. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or form of self-employment? Yes  No  b. Rent payments, interest or dividends? Yes  No  c. Pensions, annuities or life insurance payments? Yes  No  d. Gifts or inheritances? Yes  No  e. Any other sources? Yes  No  If the answer to any of the above is yes, describe each source of money and state the amount received from each during the past twelve months. ___________________________ ___________________________ ___________________________ 3. Do you own any cash, or do you have money in a checking or savings account? Yes  No  (Include any funds in prison accounts) If the answer is yes, state the total value of the items owned. ___________________________ ___________________________ ___________________________ 4. Do you own real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? Yes  No  If the answer is yes, describe the property and state its approximate value. ___________________________ ___________________________ 5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. ___________________________ ___________________________ I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on _____. (date)  ______________ Signature of Movant CERTIFICATE I hereby certify that the movant herein has the sum of $____ on account to his credit at the ____ institution where he is confined. I further certify that movant likewise has the following securities to his credit according to the records of said ____ institution: _________________________ _________________________ _________________________ _________________________  ______________ Authorized Officer of Institution (As amended Apr. 28, 1982 Aug. 1, 1982 Apr. 26, 2004 Dec. 1, 2004 MODEL FORM FOR USE IN 28 U.S.C.  2255 CASES INVOLVING A RULE 9 ISSUE Changes Made After Publication and CommentsForms Accompanying Rules Governing  2254 and  2255 Proceedings [ 2256. Omitted]  Codification Section, added Pub. L. 95598, title II,  250(a) Nov. 6, 1978 92 Stat. 2672 section 402(b) of Pub. L. 95598 section 101 of Title 11  2256. Habeas corpus from bankruptcy courts A bankruptcy court may issue a writ of habeas corpus (1) when appropriate to bring a person before the court (A) for examination; (B) to testify; or (C) to perform a duty imposed on such person under this title; or (2) ordering the release of a debtor in a case under title 11 in custody under the judgment of a Federal or State court if (A) such debtor was arrested or imprisoned on process in any civil action; (B) such process was issued for the collection of a debt (i) dischargeable under title 11; or (ii) that is or will be provided for in a plan under chapter 11 or 13 of title 11; and (C) before the issuance of such writ, notice and a hearing have been afforded the adverse party of such debtor in custody to contest the issuance of such writ. Editorial Notes Prior Provisions A prior section 2256, added Pub. L. 95144,  3 Oct. 28, 1977 91 Stat. 1220 section 3244 of Title 18 Pub. L. 95598, title III,  314(j) Nov. 6, 1978 92 Stat. 2677 CHAPTER 154 SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES    Sec.  2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment.  2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.  2263. Filing of habeas corpus application; time requirements; tolling rules.  2264. Scope of Federal review; district court adjudications.  2265. Certification and judicial review.  2266. Limitation periods for determining applications and motions.  Editorial Notes Amendments Pub. L. 109177, title V,  507(c)(2) Mar. 9, 2006 120 Stat. 251  2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment (a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied. (b)  Counsel This chapter is applicable if (1) the Attorney General of the United States certifies that a State has established a mechanism for providing counsel in postconviction proceedings as provided in section 2265; and (2) counsel was appointed pursuant to that mechanism, petitioner validly waived counsel, petitioner retained counsel, or petitioner was found not to be indigent. (c) Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record (1) appointing one or more counsels to represent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to accept or reject the offer; (2) finding, after a hearing if necessary, that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. (d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation. (e) The ineffectiveness or incompetence of counsel during State or Federal post-conviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under section 2254. This limitation shall not preclude the appointment of different counsel, on the courts own motion or at the request of the prisoner, at any phase of State or Federal post-conviction proceedings on the basis of the ineffectiveness or incompetence of counsel in such proceedings. (Added Pub. L. 104132, title I,  107(a) Apr. 24, 1996 110 Stat. 1221 Pub. L. 109177, title V,  507(a) Mar. 9, 2006 120 Stat. 250  Editorial Notes Amendments 2006Subsec. (b). Pub. L. 109177,  507(a) Subsec. (d). Pub. L. 109177,  507(b) Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Amendment by Pub. L. 109177 Mar. 9, 2006 section 507(d) of Pub. L. 109177 section 2251 of this title Effective Date Pub. L. 104132, title I,  107(c) Apr. 24, 1996 110 Stat. 1226 Chapter 154 of title 28, United States Code (as added by subsection (a)) shall apply to cases pending on or after the date of enactment of this Act [ Apr. 24, 1996  2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions (a) Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay. (b) A stay of execution granted pursuant to subsection (a) shall expire if (1) a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263; (2) before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or (3) a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review. (c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b). (Added Pub. L. 104132, title I,  107(a) Apr. 24, 1996 110 Stat. 1222  Statutory Notes and Related Subsidiaries Effective Date Section applicable to cases pending on or after Apr. 24, 1996 section 107(c) of Pub. L. 104132 section 2261 of this title  2263. Filing of habeas corpus application; time requirements; tolling rules (a) Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review. (b) The time requirements established by subsection (a) shall be tolled (1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review; (2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition; and (3) during an additional period not to exceed 30 days, if (A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and (B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section. (Added Pub. L. 104132, title I,  107(a) Apr. 24, 1996 110 Stat. 1223  Statutory Notes and Related Subsidiaries Effective Date Section applicable to cases pending on or after Apr. 24, 1996 section 107(c) of Pub. L. 104132 section 2261 of this title  2264. Scope of Federal review; district court adjudications (a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Courts recognition of a new Federal right that is made retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review. (b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it. (Added Pub. L. 104132, title I,  107(a) Apr. 24, 1996 110 Stat. 1223  Statutory Notes and Related Subsidiaries Effective Date Section applicable to cases pending on or after Apr. 24, 1996 section 107(c) of Pub. L. 104132 section 2261 of this title  2265. Certification and judicial review (a)  Certification. (1)  In general If requested by an appropriate State official, the Attorney General of the United States shall determine (A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death; (B) the date on which the mechanism described in subparagraph (A) was established; and (C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A). (2)  Effective date The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection. (3)  Only express requirements There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter. (b)  Regulations The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a). (c)  Review of Certification. (1)  In general The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title. (2)  Venue The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under section 2350 of this title (3)  Standard of review The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review. (Added Pub. L. 109177, title V,  507(c)(1) Mar. 9, 2006 120 Stat. 250  Editorial Notes Prior Provisions A prior section 2265, added Pub. L. 104132, title I,  107(a) Apr. 24, 1996 110 Stat. 1223 Pub. L. 109177, title V,  507(c)(1) Mar. 9, 2006 120 Stat. 250 Statutory Notes and Related Subsidiaries Effective Date Section applicable to cases pending on or after Mar. 9, 2006 section 507(d) of Pub. L. 109177 section 2251 of this title  2266. Limitation periods for determining applications and motions (a) The adjudication of any application under section 2254 that is subject to this chapter, and the adjudication of any motion under section 2255 by a person under sentence of death, shall be given priority by the district court and by the court of appeals over all noncapital matters. (b) (1) (A) A district court shall render a final determination and enter a final judgment on any application for a writ of habeas corpus brought under this chapter in a capital case not later than 450 days after the date on which the application is filed, or 60 days after the date on which the case is submitted for decision, whichever is earlier. (B) A district court shall afford the parties at least 120 days in which to complete all actions, including the preparation of all pleadings and briefs, and if necessary, a hearing, prior to the submission of the case for decision. (C) (i) A district court may delay for not more than one additional 30-day period beyond the period specified in subparagraph (A), the rendering of a determination of an application for a writ of habeas corpus if the court issues a written order making a finding, and stating the reasons for the finding, that the ends of justice that would be served by allowing the delay outweigh the best interests of the public and the applicant in a speedy disposition of the application. (ii) The factors, among others, that a court shall consider in determining whether a delay in the disposition of an application is warranted are as follows: (I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice. (II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate briefing within the time limitations established by subparagraph (A). (III) Whether the failure to allow a delay in a case that, taken as a whole, is not so unusual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, would unreasonably deny the applicant or the government continuity of counsel, or would deny counsel for the applicant or the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. (iii) No delay in disposition shall be permissible because of general congestion of the courts calendar. (iv) The court shall transmit a copy of any order issued under clause (i) to the Director of the Administrative Office of the United States Courts for inclusion in the report under paragraph (5). (2) The time limitations under paragraph (1) shall apply to (A) an initial application for a writ of habeas corpus; (B) any second or successive application for a writ of habeas corpus; and (C) any redetermination of an application for a writ of habeas corpus following a remand by the court of appeals or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. (3) (A) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. (B) No amendment to an application for a writ of habeas corpus under this chapter shall be permitted after the filing of the answer to the application, except on the grounds specified in section 2244(b). (4) (A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. (B) The State may enforce a time limitation under this section by petitioning for a writ of mandamus to the court of appeals. The court of appeals shall act on the petition for a writ of mandamus not later than 30 days after the filing of the petition. (5) (A) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the district courts with the time limitations under this section. (B) The report described in subparagraph (A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv). (c) (1) (A) A court of appeals shall hear and render a final determination of any appeal of an order granting or denying, in whole or in part, an application brought under this chapter in a capital case not later than 120 days after the date on which the reply brief is filed, or if no reply brief is filed, not later than 120 days after the date on which the answering brief is filed. (B) (i) A court of appeals shall decide whether to grant a petition for rehearing or other request for rehearing en banc not later than 30 days after the date on which the petition for rehearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed. (ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered. (2) The time limitations under paragraph (1) shall apply to (A) an initial application for a writ of habeas corpus; (B) any second or successive application for a writ of habeas corpus; and (C) any redetermination of an application for a writ of habeas corpus or related appeal following a remand by the court of appeals en banc or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. (3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. (4) (A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. (B) The State may enforce a time limitation under this section by applying for a writ of mandamus to the Supreme Court. (5) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Added Pub. L. 104132, title I,  107(a) Apr. 24, 1996 110 Stat. 1224 Pub. L. 109177, title V,  507(e) Mar. 9, 2006 120 Stat. 251  Editorial Notes Amendments 2006Subsec. (b)(1)(A). Pub. L. 109177 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Amendment by Pub. L. 109177 Mar. 9, 2006 section 507(d) of Pub. L. 109177 section 2251 of this title Effective Date Section applicable to cases pending on or after Apr. 24, 1996 section 107(c) of Pub. L. 104132 section 2261 of this title CHAPTER 155 INJUNCTIONS; THREE-JUDGE COURTS    Sec.  [ 2281. Repealed.]  [ 2282. Repealed.]  2283. Stay of State court proceedings.  2284. Three-judge district court; when required; composition; procedure. 1 1  Editorial Notes Amendments 1976 Pub. L. 94381,  4 Aug. 12, 1976 90 Stat. 1119 [ 2281, 2282. Repealed. Pub. L. 94381 Aug. 12, 1976 90 Stat. 1119   Section 2281, act June 25, 1948, ch. 646 62 Stat. 968  Section 2282, act June 25, 1948, ch. 646 62 Stat. 968 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal not applicable to any action commenced on or before Aug. 12, 1976 section 7 of Pub. L. 94381 section 2284 of this title  2283. Stay of State court proceedings  A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. ( June 25, 1948, ch. 646 62 Stat. 968  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  379 ( Mar. 3, 1911, ch. 231,  265 36 Stat. 1162 An exception as to acts of Congress relating to bankruptcy was omitted and the general exception substituted to cover all exceptions. The phrase in aid of its jurisdiction was added to conform to section 1651 of this title The exceptions specifically include the words to protect or effectuate its judgments, for lack of which the Supreme Court held that the Federal courts are without power to enjoin relitigation of cases and controversies fully adjudicated by such courts. (See Toucey v. New York Life Insurance Co Therefore the revised section restores the basic law as generally understood and interpreted prior to the Toucey decision. Changes were made in phraseology.  2284. Three-judge court; when required; composition; procedure (a) A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body. (b) In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding. (2) If the action is against a State, or officer or agency thereof, at least five days notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State. (3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a preliminary or permanent injunction or motion to vacate such an injunction, or enter judgment on the merits. Any action of a single judge may be reviewed by the full court at any time before final judgment. ( June 25, 1948, ch. 646 62 Stat. 968 Pub. L. 86507,  1(19) June 11, 1960 74 Stat. 201 Pub. L. 94381,  3 Aug. 12, 1976 90 Stat. 1119 Pub. L. 98620, title IV,  402(29)(E) Nov. 8, 1984 98 Stat. 3359  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  47, 47a, 380, 380a, and 792 ( Mar. 3, 1911, ch. 231 36 Stat. 1150 Mar. 4, 1943, ch. 160 37 Stat. 1013 Oct. 22, 1913, ch. 32 38 Stat. 220 Feb. 13, 1925, ch. 229,  1 43 Stat. 938 Aug. 24, 1937, ch. 754,  3 50 Stat. 752 Apr. 6, 1942, ch. 210,  3 56 Stat. 199 Provisions of sections 47, 47a, 380, and 380a of title 28, U.S.C., 1940 ed., relating to the Supreme Courts jurisdiction of direct appeals appear in section 1253 of this title Provisions of sections 47, 380, and 380a of title 28, U.S.C., 1940 ed., requiring applications for injunctions restraining the enforcement, operation or execution of Federal or State statutes or orders of the Interstate Commerce Commission to be heard and determined by three-judge district courts appear in sections 2281, 2282, and 2325 of this title. The provision for notice to the United States attorney for the district where the action is pending was added because of the necessity of the United States attorneys preparation for hearing as soon as possible, to expedite such a case. Provisions of sections 47, 47a, 380, and 380a of title 28, U.S.C., 1940 ed., respecting time for direct appeal appear in section 2101 of this title This revised section represents an effort to provide a uniform method of convoking three-judge district courts, and for procedure therein. It follows recommendations of a committee appointed by the Judicial Conference of the United States, composed of Circuit Judges Evan A. Evans, Kimbrough Stone, Orie L. Phillips, and Albert B. Maris. The committee pointed out that section 380a of title 28 This section governs only the composition and procedure of three-judge district courts. The requirement that applications for injunctions be heard and determined by such courts will appear in other sections of this and other titles of the United States Code as Congress may enact from time to time. For example, see sections 2281, 2282, and 2325 of this title, sections 1213, 1215, 1255 of title 11, U.S.C., 1940 ed., Bankruptcy, section 28 of title 15 section 44 of title 49 United States District Judge W. Calvin Chestnut, has referred to the provisions relating to enforcement or setting aside or orders of the Interstate Commerce Commission as unfortunately lengthy and prolix. He has urged revision to insure uniform procedure in the several classes of so-called three-judge cases. The provision that such notice shall be given by the clerk by registered mail, and shall be complete on the mailing thereof follows, substantially, rules 4(d)(4) and 5(b) of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes  References in Text The rules of civil procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title. Amendments 1984Subsec. (b)(2). Pub. L. 98620 1976 Pub. L. 94381 1960 Pub. L. 86507 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of this title Effective Date of 1976 Amendment Pub. L. 94381,  7 Aug. 12, 1976 90 Stat. 1120 This Act [amending this section and section 2403 of this title Aug. 12, 1976 CHAPTER 157 SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND REVIEW    Sec.  2321. Judicial review of Boards orders and decisions; procedure generally; process.  2322. United States as party.  2323. Duties of Attorney General; intervenors.  [ 2324 2325. Repealed.]  Editorial Notes Amendments 1995 Pub. L. 10488, title III,  305(c)(1)(A) Dec. 29, 1995 109 Stat. 944 1975 Pub. L. 93584,  8 Jan. 2, 1975 88 Stat. 1918  2321. Judicial review of Boards orders and decisions; procedure generally; process (a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title. (b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. (c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States. ( June 25, 1948, ch. 646 62 Stat. 969 May 24, 1949, ch. 139,  115 63 Stat. 105 Pub. L. 93584,  5 Jan. 2, 1975 88 Stat. 1917 Pub. L. 95473,  2(a)(3)(B) Oct. 17, 1978 92 Stat. 1465 Pub. L. 10488, title III,  305(c)(1)(B) Dec. 29, 1995 109 Stat. 945  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  44 ( Oct. 22, 1913, ch. 32 38 Stat. 220 Word actions was substituted for cases, in view of rule 2 of the Federal Rules of Civil Procedure. The exception as to procedure in the infliction of criminal punishment was omitted as unnecessary, as Title 18, U.S.C., Crimes and Criminal Procedure, and the Federal Rules of Criminal Procedure govern procedure in criminal matters. Changes were made in phraseology. 1949 Act This section corrects, in section 2321 of title 28 Editorial Notes Amendments 1995 Pub. L. 10488 1978Subsec. (c). Pub. L. 95473 section 20 of the Act of February 4, 1887 24 Stat. 386 49 U.S.C. 20 section 23 of the Act of May 16, 1942 56 Stat. 301 49 U.S.C. 23 section 3 of the Act of February 19, 1903 32 Stat. 848 49 U.S.C. 43 1975Subsec. (a). Pub. L. 93584 Subsec. (b). Pub. L. 93584 Subsec. (c). Pub. L. 93584 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1975 Amendment Pub. L. 93584,  10 Jan. 2, 1975 88 Stat. 1918 This Act [amending this section, sections 1336, 1398, 2323, 2341, and 2342 of this title, and section 305 of former Title 49, Transportation, and repealing sections 2324 and 2325 of this title] shall not apply to any action commenced on or before the last day of the first month beginning after the date of enactment [ Jan. 2, 1975  2322. United States as party  All actions specified in section 2321 of this title ( June 25, 1948, ch. 646 62 Stat. 969  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  48 ( Mar. 3, 1911, ch. 231,  211 36 Stat. 1150 Oct. 22, 1913, ch. 32 38 Stat. 219 Word actions was substituted for cases and proceedings, in view of Rule 2 of the Federal Rules of Civil Procedure. A provision authorizing intervention by the United States was omitted. The United States, under the provisions of this section, is a necessary and indispensable original party, and hence intervention is unnecessary. (See Lambert Run Coal Co. v. Baltimore & O. R. Co  2323. Duties of Attorney General; intervenors  The Attorney General shall represent the Government in the actions specified in section 2321 of this title The Surface Transportation Board and any party or parties in interest to the proceeding before the Board, in which an order or requirement is made, may appear as parties of their own motion and as of right, and be represented by their counsel, in any action involving the validity of such order or requirement or any part thereof, and the interest of such party. Communities, associations, corporations, firms, and individuals interested in the controversy or question before the Board, or in any action commenced under the aforesaid sections may intervene in said action at any time after commencement thereof. The Attorney General shall not dispose of or discontinue said action or proceeding over the objection of such party or intervenor, who may prosecute, defend, or continue said action or proceeding unaffected by the action or nonaction of the Attorney General therein. ( June 25, 1948, ch. 646 62 Stat. 970 May 24, 1949, ch. 139,  116 63 Stat. 105 Pub. L. 93584,  6 Jan. 2, 1975 88 Stat. 1917 Pub. L. 95473,  2(a)(3)(C) Oct. 17, 1978 92 Stat. 1465 Pub. L. 10488, title III,  305(c)(1)(C) Dec. 29, 1995 109 Stat. 945  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  45a ( Mar. 3, 1911, ch. 231 36 Stat. 1150 Oct. 22, 1913, ch. 32 38 Stat. 220 The provision in the second sentence of section 45a of title 28 section 2071 of this title The last paragraph of section 45a of title 28 Word action was substituted for suit in conformity with Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. 1949 Act This section corrects, in section 2323 of title 28 Editorial Notes Amendments 1995 Pub. L. 10488 1978 Pub. L. 95473 section 20 of the Act of February 4, 1887 24 Stat. 386 49 U.S.C. 20 section 23 of the Act of May 16, 1942 56 Stat. 301 49 U.S.C. 23 section 3 of the Act of February 19, 1903 32 Stat. 848 49 U.S.C. 43 1975 Pub. L. 93584 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1975 Amendment Amendment by Pub. L. 93584 Jan. 2, 1975 section 10 of Pub. L. 93584 section 2321 of this title [ 2324, 2325. Repealed. Pub. L. 93584,  7 Jan. 2, 1975 88 Stat. 1918   Section 2324, act June 25, 1948, ch. 646 62 Stat. 970  Section 2325, act June 25, 1948, ch. 646 62 Stat. 970 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal applicable to actions commenced on or before last day of first month beginning after Jan. 2, 1975 section 10 of Pub. L. 93584 section 2321 of this title CHAPTER 158 ORDERS OF FEDERAL AGENCIES; REVIEW    Sec.  2341. Definitions.  2342. Jurisdiction of court of appeals.  2343. Venue.  2344. Review of orders; time; notice; contents of petition; service.  2345. Prehearing conference.  2346. Certification of record on review.  2347. Petitions to review; proceedings.  2348. Representation in proceeding; intervention.  2349. Jurisdiction of the proceeding.  2350. Review in Supreme Court on certiorari or certification.  2351. Enforcement of orders by district courts.  [ 2352 2353. Repealed.]  Editorial Notes Amendments 1982 Pub. L. 97164, title I,  138 Apr. 2, 1982 96 Stat. 42 1966 Pub. L. 89773,  4 Nov. 6, 1966 80 Stat. 1323  2341. Definitions As used in this chapter (1) clerk means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed; (2) petitioner means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and (3) agency means (A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, or the Atomic Energy Commission, as the case may be; (B) the Secretary, when the order was entered by the Secretary of Agriculture or the Secretary of Transportation; (C) the Administration, when the order was entered by the Maritime Administration; (D) the Secretary, when the order is under section 812 of the Fair Housing Act; and (E) the Board, when the order was entered by the Surface Transportation Board. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 622 Pub. L. 93584,  3 Jan. 2, 1975 88 Stat. 1917 Pub. L. 100430,  11(b) Sept. 13, 1988 102 Stat. 1635 Pub. L. 102365,  5(c)(1) Sept. 3, 1992 106 Stat. 975 Pub. L. 10488, title III,  305(d)(1) Dec. 29, 1995 109 Stat. 945        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1031 Dec. 29, 1950, ch. 1189,  1 64 Stat. 1129   Aug. 30, 1954, ch. 1073,  2(a) 68 Stat. 961 Subsection (a) of former section 1031 of title 5 In paragraph (3), reference to the United States Maritime Commission is omitted because that Commission was abolished by 1950 Reorg. Plan No. 21,  306, eff. May 24, 1950 64 Stat. 1277 Aug. 12, 1961 75 Stat. 840 Editorial Notes  References in Text Section 812 of the Fair Housing Act, referred to in par. (3)(D), is classified to section 3612 of Title 42 Amendments 1995Par. (3)(A). Pub. L. 10488,  305(d)(1) Par. (3)(E). Pub. L. 10488,  305(d)(2) 1992Par. (3)(B). Pub. L. 102365 1988Par. (3)(D). Pub. L. 100430 1975Par. (3)(A). Pub. L. 93584 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1988 Amendment Amendment by Pub. L. 100430 Sept. 13, 1988 section 13(a) of Pub. L. 100430 section 3601 of Title 42 Effective Date of 1975 Amendment Amendment by Pub. L. 93584 Jan. 2, 1975 section 10 of Pub. L. 93584 section 2321 of this title  Transfer of Functions Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.  2342. Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of (1) all final orders of the Federal Communication Commission made reviewable by section 402(a) of title 47 (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 5610156104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305, 1 1 (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42 (5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by section 2321 of this title (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in section 20114(c) of title 49 Jurisdiction is invoked by filing a petition as provided by section 2344 of this title (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 622 Pub. L. 93584,  4 Jan. 2, 1975 88 Stat. 1917 Pub. L. 95454, title II,  206 Oct. 13, 1978 92 Stat. 1144 Pub. L. 96454,  8(b)(2) Oct. 15, 1980 94 Stat. 2021 Pub. L. 97164, title I,  137 Apr. 2, 1982 96 Stat. 41 Pub. L. 98554, title II,  227(a)(4) Oct. 30, 1984 98 Stat. 2852 Pub. L. 99336,  5(a) June 19, 1986 100 Stat. 638 Pub. L. 100430,  11(a) Sept. 13, 1988 102 Stat. 1635 Pub. L. 102365,  5(c)(2) Sept. 3, 1992 106 Stat. 975 Pub. L. 103272,  5(h) July 5, 1994 108 Stat. 1375 Pub. L. 10488, title III,  305(d)(5) Dec. 29, 1995 109 Stat. 945 Pub. L. 104287,  6(f)(2) Oct. 11, 1996 110 Stat. 3399 Pub. L. 10959, title IV,  4125(a) Aug. 10, 2005 119 Stat. 1738 Pub. L. 109304,  17(f)(3) Oct. 6, 2006 120 Stat. 1708        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1032 Dec. 29, 1950, ch. 1189,  2 64 Stat. 1129   Aug. 30, 1954, ch. 1073,  2(b) 68 Stat. 961 The words have exclusive jurisdiction are substituted for shall have exclusive jurisdiction. In paragraph (1), the word by is substituted for in accordance with. In paragraph (3), the word now is omitted as unnecessary. The word under is substituted for pursuant to the provisions of. Reference to Federal Maritime Commission is substituted for Federal Maritime Board on authority of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961 75 Stat. 840 May 24, 1951 64 Stat. 1277 Editorial Notes  References in Text Section 305 of title 46 section 46105 of Title 46 Pub. L. 116283, div. G, title LVXXXVI,  8605(a)(3) Jan. 1, 2021 134 Stat. 4765 Section 812 of the Fair Housing Act, referred to in par. (6), is classified to section 3612 of Title 42 Amendments 2006Par. (3)(A). Pub. L. 109304,  17(f)(3)(A) Par. (3)(B). Pub. L. 109304,  17(f)(3)(B) (B) the Federal Maritime Commission issued pursuant to (i) section 19 of the Merchant Marine Act, 1920 (46 U.S.C. App. 876); (ii) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C. App. 1713 or 1716); or (iii) section 2(d) or 3(d) of the Act of November 6, 1966 2005Par. (3)(A). Pub. L. 10959 1996Par. (3)(A). Pub. L. 104287 Pub. L. 10488,  305(d)(6) 1995Par. (3)(A). Pub. L. 10488,  305(d)(6) Pub. L. 104287 Pub. L. 10488,  305(d)(5) Par. (3)(B). Pub. L. 10488,  305(d)(7) (i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 822, 824, or 841a); (iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C. App. 844, 845, 845a, or 845b);. Par. (5). Pub. L. 10488,  305(d)(8) section 2321 of this title section 11901(j)(2) of title 49 1994Par. (7). Pub. L. 103272 section 20114(c) of title 49 1992Par. (7). Pub. L. 102365 1988Par. (6). Pub. L. 100430 1986Par. (3). Pub. L. 99336 section 830 of title 46 1984Par. (5). Pub. L. 98554 1982 Pub. L. 97164 section 7703(b) of title 5 section 1295(a)(9) of this title 1980Par. (5). Pub. L. 96454 section 11901(i)(2) of title 49 section 2321 of this title 1978Par. (6). Pub. L. 95454 1975Par. (5). Pub. L. 93584 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104287,  6(f) Oct. 11, 1996 110 Stat. 3399 Dec. 29, 1995 Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Effective Date of 1988 Amendment Amendment by Pub. L. 100430 Sept. 13, 1988 section 13(a) of Pub. L. 100430 section 3601 of Title 42 Effective Date of 1986 Amendment Pub. L. 99336,  5(b) June 19, 1986 100 Stat. 638 The amendment made by this section [amending this section] shall apply with respect to any rule, regulation, or final order described in such amendment which is issued on or after the date of the enactment of this Act [ June 19, 1986 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95454 Oct. 13, 1978 section 907 of Pub. L. 95454 section 1101 of Title 5 Effective Date of 1975 Amendment Amendment by Pub. L. 93584 Jan. 2, 1975 section 10 of Pub. L. 93584 section 2321 of this title  Transfer of Functions Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.  2343. Venue  The venue of a proceeding under this chapter is in the judicial circuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 622        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1033 Dec. 29, 1950, ch. 1189,  3 64 Stat. 1130 The section is reorganized for clarity and conciseness. The word is is substituted for shall be. The word petitioner is substituted for party or any of the parties filing the petition for review in view of the definition of petitioner in section 2341 of this title  2344. Review of orders; time; notice; contents of petition; service On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of (1) the nature of the proceedings as to which review is sought; (2) the facts on which venue is based; (3) the grounds on which relief is sought; and (4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 622        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1034 Dec. 29, 1950, ch. 1189,  4 64 Stat. 1130 The section is reorganized, with minor changes in phraseology. The words as prescribed by section 1033 of this title  2345. Prehearing conference  The court of appeals may hold a prehearing conference or direct a judge of the court to hold a prehearing conference. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 622        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1035 Dec. 29, 1950, ch. 1189,  5 64 Stat. 1130  2346. Certification of record on review  Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by section 2112 of this title (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 623        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1036 Dec. 29, 1950, ch. 1189,  6 64 Stat. 1130   Aug. 28, 1958 Pub. L. 85791,  31(a) 72 Stat. 951 The words of the court of appeals in which the proceeding is pending are omitted as unnecessary in view of the definition of clerk in section 2341 of this title section 2342 of this title  2347. Petitions to review; proceedings (a) Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the agency, when the agency has held a hearing whether or not required to do so by law. (b) When the agency has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall (1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law; (2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (3) transfer the proceedings to a district court for the district in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the district court is governed by the Federal Rules of Civil Procedure. (c) If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that (1) the additional evidence is material; and (2) there were reasonable grounds for failure to adduce the evidence before the agency; the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 623        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1037 Dec. 29, 1950, ch. 1189,  7 64 Stat. 1130   Aug. 28, 1958 Pub. L. 85791,  31(b) 72 Stat. 951 The headnotes of the subsections are omitted as unnecessary and to conform to the style of title 28. In subsection (a), the words the petition following on a motion to dismiss are omitted as unnecessary. The word are is substituted for shall be. The words in fact following when the agency has are omitted as unnecessary. In subsection (b)(3), the words United States preceding district court are omitted as unnecessary because the term district court as used in title 28 means a United States district court. See section 451 of title 28 section 2341 of this title In subsection (c), the words applies and shows are substituted for shall apply and shall show, respectively. Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.  2348. Representation in proceeding; intervention  The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 623        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1038 Dec. 29, 1950, ch. 1189,  8 64 Stat. 1131 In the first sentence, the words is responsible for and has control are substituted for shall be responsible for and have charge and control. In the last sentence, the word may is substituted for shall. The word aforesaid following any party or intervenor is omitted as unnecessary. The words any intervenor and inaction are substituted for said intervenor or intervenors and nonaction, respectively.  2349. Jurisdiction of the proceeding (a) The court of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The court of appeals in which the record on review is filed, on the filing, has jurisdiction to vacate stay orders or interlocutory injunctions previously granted by any court, and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a judgment determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the agency. (b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the agency, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. When the petitioner makes application for an interlocutory injunction restraining or suspending the enforcement, operation, or execution of, or setting aside, in whole or in part, any order reviewable under this chapter, at least 5 days notice of the hearing thereon shall be given to the agency and to the Attorney General. In a case in which irreparable damage would otherwise result to the petitioner, the court of appeals may, on hearing, after reasonable notice to the agency and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the agency for not more than 60 days from the date of the order pending the hearing on the application for the interlocutory injunction, in which case the order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identified by reference thereto, that irreparable damage would result to the petitioner and specifying the nature of the damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, on a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application. (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 624 Pub. L. 98620, title IV,  402(29)(F) Nov. 8, 1984 98 Stat. 3359        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1039 Dec. 29, 1950, ch. 1189,  9 64 Stat. 1131   Sept. 13, 1961 Pub. L. 87225,  1 75 Stat. 497 The headnotes of the subsections are omitted as unnecessary and to conform to the style of title 28. In subsection (a), the words has jurisdiction and has exclusive jurisdiction are substituted for shall have jurisdiction and shall have exclusive jurisdiction, respectively. The words previously granted are substituted for theretofore granted as the preferred expression. In subsection (b), the words does not are substituted for shall not. The words of the United States following Attorney General are omitted as unnecessary. The words In a case in which are substituted for In cases where. The word result is substituted for ensue. In the fourth sentence, the words provided for above following the last word application are omitted as unnecessary. In the last sentence, the word applies is substituted for shall apply. Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98620 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of this title  2350. Review in Supreme Court on certiorari or certification (a) An order granting or denying an interlocutory injunction under section 2349(b) of this title section 1254(1) of this title (b) The provisions of section 1254(2) of this title section 2101(f) of this title (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 624 Pub. L. 100352,  5(e) June 27, 1988 102 Stat. 663        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1040 Dec. 29, 1950, ch. 1189,  10 64 Stat. 1132 The words of the United States following Supreme Court are omitted as unnecessary because the term Supreme Court as used in title 28 means the Supreme Court of the United States. The words  section 2101(f) of this title section 2101(e) of Title 28 Act of May 24, 1949, ch. 139,  106(b) 63 Stat. 104 Editorial Notes Amendments 1988Subsec. (b). Pub. L. 100352 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of this title  2351. Enforcement of orders by district courts  The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order issued under section 193 of title 7 (Added Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 624        Historical and Revision Notes  Derivation U.S. Code Revised Statutes and Statutes at Large   5 U.S.C. 1042 Dec. 29, 1950, ch. 1189,  12 64 Stat. 1132 The words United States preceding district court are omitted as unnecessary because the term district court as used in title 28 means a United States district court. See section 451 of title 28 [ 2352. Repealed. Pub. L. 89773,  4 Nov. 6, 1966 80 Stat. 1323   Section, Pub. L. 89554,  4(e) Sept. 6, 1966 80 Stat. 624 section 2072 of this title Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 89773,  4 Nov. 6, 1966 80 Stat. 1323 Pub. L. 89773 section 2072 of this title Pub. L. 89773 [ 2353. Repealed. Pub. L. 97164, title I,  138 Apr. 2, 1982 96 Stat. 42   Section, added Pub. L. 91577, title III,  143(c) Dec. 24, 1970 84 Stat. 1559 7 U.S.C. 2461 section 1295(a)(8) of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 159 INTERPLEADER    Sec.  2361. Process and procedure.  2361. Process and procedure  In any civil action of interpleader or in the nature of interpleader under section 1335 of this title Such district court shall hear and determine the case, and may discharge the plaintiff from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment. ( June 25, 1948, ch. 646 62 Stat. 970 May 24, 1949, ch. 139,  117 63 Stat. 105  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  41(26) ( Mar. 3, 1911, ch. 231,  24 Jan. 20, 1936, ch. 13,  1 49 Stat. 1096 Jurisdiction and venue provisions of section 41(26) of title 28 Subsection (e) of section 41(26) of title 28 Words, Notwithstanding any provision of part I of this title to the contrary were omitted as unnecessary, since the revised title contains no contrary provisions. Changes were made in phraseology. 1949 Act This section makes clear that section 2361 of title 28 Editorial Notes Amendments 1949Act May 24, 1949 CHAPTER 161 UNITED STATES AS PARTY GENERALLY    Sec.  2401. Time for commencing action against United States.  2402. Jury trial in actions against United States.  2403. Intervention by United States or a State; constitutional question.  2404. Death of defendant in damage action.  2405. Garnishment.  2406. Credits in actions by United States; prior disallowance.  2407. Delinquents for public money; judgment at return term; continuance.  2408. Security not required of United States.  2409. Partition actions involving United States.  2409a. Real property quiet title actions.  2410. Actions affecting property on which United States has lien.  2411. Interest.  2412. Costs and fees.  2413. Executions in favor of United States.  2414. Payment of judgments and compromise settlements.  2415. Time for commencing actions brought by the United States.  2416. Time for commencing actions brought by the United StatesExclusions.  Historical and Revision Notes 1949 Act This section amends the analysis of chapter 161 of title 28, U.S.C., to conform item 2411 therein with the catch line of section 2411 of such title as amended by another section of this bill. Editorial Notes Amendments 1980 Pub. L. 96481, title II,  204(b) Oct. 21, 1980 94 Stat. 2329 1976 Pub. L. 94381,  6 Aug. 12, 1976 90 Stat. 1120 1972 Pub. L. 92562,  3(b) Oct. 25, 1972 86 Stat. 1177 1966 Pub. L. 89505,  2 July 18, 1966 80 Stat. 305 1961 Pub. L. 87187,  2 Aug. 30, 1961 75 Stat. 416 1954 Act July 30, 1954, ch. 648,  2(b) 68 Stat. 589 1949 Act May 24, 1949, ch. 139,  118 63 Stat. 105  2401. Time for commencing action against United States (a) Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability ceases. (b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. ( June 25, 1948, ch. 646 62 Stat. 971 Apr. 25, 1949, ch. 92,  1 63 Stat. 62 Pub. L. 86238,  1(3) Sept. 8, 1959 73 Stat. 472 Pub. L. 89506,  7 July 18, 1966 80 Stat. 307 Pub. L. 95563,  14(b) Nov. 1, 1978 92 Stat. 2389 Pub. L. 111350,  5(g)(8) Jan. 4, 2011 124 Stat. 3848  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(20), 942 ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1093 Nov. 23, 1921, ch. 136,  1310(c) 42 Stat. 311 June 2, 1924 43 Stat. 348 Feb. 24, 1925, ch. 309 43 Stat. 972 Feb. 26, 1926, ch. 27 44 Stat. 121 Aug. 2, 1946, ch. 753,  420 60 Stat. 845 Section consolidates provision in section 41(20) of title 28 section 1346(a) of this title Words or within one year after the date of enactment of this Act whichever is later, in section 942 of title 28 Provisions of section 41(20) of title 28 Words in subsec. (a) of this revised section, person under legal disability or beyond the seas at the time the claim accrues were substituted for claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim. (See revisers note under section 2501 of this title Words in section 41(20) of title 28 section 2501 of this title A provision in section 41(20) of title 28 Subsection (b) of the revised section simplifies and restates said section 942 of title 28 Changes were made in phraseology. Senate Revision Amendment Subsection (b) amended in the Senate to insert the 1 year limitation on the bringing of tort actions and to include the limitation upon the time in which tort claims not exceeding $1000 must be presented to the appropriate Federal agencies for administrative disposition. 80th Congress Senate Report No. 1559, Amendment No. 48. Editorial Notes Amendments 2011Subsec. (a). Pub. L. 111350 1978Subsec. (a). Pub. L. 95563 1966Subsec. (b). Pub. L. 89506 1959Subsec. (b). Pub. L. 86238 1949Subsec. (b). Act Apr. 25, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95563 Nov. 1, 1978 section 16 of Pub. L. 95563 Nov. 1, 1978 92 Stat. 2391 Effective Date of 1966 Amendment Amendment by Pub. L. 89506 July 18, 1966 section 10 of Pub. L. 89506 section 2672 of this title  2402. Jury trial in actions against United States  Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury. ( June 25, 1948, ch. 646 62 Stat. 971 July 30, 1954, ch. 648,  2(a) 68 Stat. 589 Pub. L. 104331,  3(b)(3) Oct. 26, 1996 110 Stat. 4069  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  41(20), 931(a) ( Mar. 3, 1911, ch. 231,  24 36 Stat. 1093 Nov. 23, 1921, ch. 136,  1310(c) 42 Stat. 311 June 2, 1924 43 Stat. 348 Feb. 24, 1925, ch. 309 43 Stat. 972 Feb. 26, 1926, ch. 27 44 Stat. 121 Aug. 2, 1946, ch. 753,  410(a) 60 Stat. 843 Section consolidates non-jury provisions of sections 41(20) and 931(a) of title 28, U.S.C., 1940 ed. For other provisions of said section 931(a) relating to tort claims, see Distribution Table. Word actions was substituted for suits, in view of Rule 2 of the Federal Rules of Civil Procedure. Provisions of title 28, U.S.C., 1940 ed.,  41(20) relating to jurisdiction of district courts and time for bringing actions against the United States are the basis of sections 1346 and 2401 of this title. Editorial Notes Amendments 1996 Pub. L. 104331 1954Act July 30, 1954 section 1346(a)(1) of this title Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104331 Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  2403. Intervention by United States or a State; constitutional question (a) In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress affecting the public interest is drawn in question, the court shall certify such fact to the Attorney General, and shall permit the United States to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The United States shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality. (b) In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The State shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality. ( June 25, 1948, ch. 646 62 Stat. 971 Pub. L. 94381,  5 Aug. 12, 1976 90 Stat. 1120  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  401 ( Aug. 24, 1937, ch. 754,  1 50 Stat. 751 Word action was added before suit or proceeding, in view of Rule 2 of the Federal Rules of Civil Procedure. Since this section applies to all Federal courts, the word suit was not required to be deleted by such rule. Court of the United States is defined in section 451 of this title section 1252 of this title Changes were made in phraseology. Editorial Notes Amendments 1976 Pub. L. 94381,  5(b) Subsecs. (a), (b). Pub. L. 94381,  5(a) Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94381 Aug. 12, 1976 section 7 of Pub. L. 94381 section 2284 of this title  2404. Death of defendant in damage action  A civil action for damages commenced by or on behalf of the United States or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against surviving defendants. ( June 25, 1948, ch. 646 62 Stat. 971  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  780a ( June 16, 1933, ch. 103 48 Stat. 311 Substitution of parties, see rule 25(a) of the Federal Rules of Civil Procedure. Changes in phraseology were made.  2405. Garnishment  In any action or suit commenced by the United States against a corporation for the recovery of money upon a bill, note, or other security, the debtors of the corporation may be summoned as garnishees. Any person so summoned shall appear in open court and depose in writing to the amount of his indebtedness to the corporation at the time of the service of the summons and at the time of making the deposition, and judgment may be entered in favor of the United States for the sum admitted by the garnishee to be due the corporation as if it had been due the United States. A judgment shall not be entered against any garnishee until after judgment has been rendered against the corporation, nor until the sum in which the garnishee is indebted is actually due. When any garnishee deposes in open court that he is not and was not at the time of the service of the summons indebted to the corporation, an issue may be tendered by the United States upon such deposition. If, upon the trial of that issue, a verdict is rendered against the garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs. Any garnishee who fails to appear at the term to which he is summoned shall be subject to attachment for contempt. ( June 25, 1948, ch. 646 62 Stat. 971  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  748, 749, and 750 (R.S.  935, 936, 937). Changes were made in phraseology.  2406. Credits in actions by United States; prior disallowance  In an action by the United States against an individual, evidence supporting the defendants claim for a credit shall not be admitted unless he first proves that such claim has been disallowed, in whole or in part, by the Government Accountability Office, or that he has, at the time of the trial, obtained possession of vouchers not previously procurable and has been prevented from presenting such claim to the Government Accountability Office by absence from the United States or unavoidable accident. ( June 25, 1948, ch. 646 62 Stat. 972 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  774 (R.S.,  236, 951; June 10, 1921, ch. 18 42 Stat. 24 Word action was substituted for suits, in view of Rule 2 of the Federal Rules of Civil Procedure. Section 774 of title 28 U.S. v. Heard U.S. v. Standard Aircraft Corp Changes in phraseology were made. Editorial Notes Amendments 2004 Pub. L. 108271  2407. Delinquents for public money; judgment at return term; continuance  In an action by the United States against any person accountable for public money who fails to pay into the Treasury the sum reported due the United States, upon the adjustment of his account the court shall grant judgment upon motion unless a continuance is granted as specified in this section. A continuance may be granted if the defendant, in open court and in the presence of the United States attorney, states under oath that he is equitably entitled to credits which have been disallowed by the Government Accountability Office prior to the commencement of the action, specifying each particular claim so rejected, and stating that he cannot safely come to trial. A continuance may also be granted if such an action is commenced on a bond or other sealed instrument and the court requires the original instrument to be produced. ( June 25, 1948, ch. 646 62 Stat. 972 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  781 (R.S.  957; June 10, 1921, ch. 18,  304 42 Stat. 24 Word action was substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure. Words court requires the original instrument to be produced were substituted for defendant pleads non est factum, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. The plea of non est factum is obsolete under Rule 7(c) of the Federal Rules of Civil Procedure. Furthermore, the words deleted are superfluous, since a court would not require the production of an original instrument unless the proper procedure were taken to require such production. Changes were made in phraseology. Editorial Notes Amendments 2004 Pub. L. 108271  2408. Security not required of United States  Security for damages or costs shall not be required of the United States, any department or agency thereof or any party acting under the direction of any such department or agency on the issuance of process or the institution or prosecution of any proceeding. Costs taxable, under other Acts of Congress, against the United States or any such department, agency or party shall be paid out of the contingent fund of the department or agency which directed the proceedings to be instituted. ( June 25, 1948, ch. 646 62 Stat. 972  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  870 (R.S.  1001; Mar. 3, 1911, ch. 231 36 Stat. 1131 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 June 19, 1934, ch. 653,  7 48 Stat. 1109 Section 870 of title 28 Words process or the institution or prosecution of any proceeding were substituted for appeal, or other process in law, admiralty, or equity. Word agency was substituted for any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly, in view of the creation of many independent governmental agencies since the enactment of the original law on which this section is based. Changes were made in phraseology.  2409. Partition actions involving United States  Any civil action by any tenant in common or joint tenant owning an undivided interest in lands, where the United States is one of such tenants in common or joint tenants, against the United States alone or against the United States and any other of such owners, shall proceed, and be determined, in the same manner as would a similar action between private persons. Whenever in such action the court orders a sale of the property or any part thereof the Attorney General may bid for the same in behalf of the United States. If the United States is the purchaser, the amount of the purchase money shall be paid from the Treasury upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney General. ( June 25, 1948, ch. 646 62 Stat. 972  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  766 ( May 17, 1898, ch. 339 30 Stat. 416 Provisions relating to service or commencement of the action and duty of United States attorneys to appear, defend, and file answer were omitted as surplusage and covered by Rules 2, 3, and 4 of the Federal Rules of Civil Procedure and section 507 of this title Words shall proceed, and be determined, in the same manner as would a similar action between private persons were substituted for shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of equity, in partition proceedings between private persons, in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.  2409a. Real property quiet title actions (a) The United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights. This section does not apply to trust or restricted Indian lands, nor does it apply to or affect actions which may be or could have been brought under sections 1346, 1347, 1491, or 2410 of this title, sections 7424, 7425, or 7426 of the Internal Revenue Code of 1986, as amended ( 26 U.S.C. 7424 section 208 of the Act of July 10, 1952 43 U.S.C. 666 (b) The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the final determination shall be adverse to the United States, the United States nevertheless may retain such possession or control of the real property or of any part thereof as it may elect, upon payment to the person determined to be entitled thereto of an amount which upon such election the district court in the same action shall determine to be just compensation for such possession or control. (c) No preliminary injunction shall issue in any action brought under this section. (d) The complaint shall set forth with particularity the nature of the right, title, or interest which the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the United States. (e) If the United States disclaims all interest in the real property or interest therein adverse to the plaintiff at any time prior to the actual commencement of the trial, which disclaimer is confirmed by order of the court, the jurisdiction of the district court shall cease unless it has jurisdiction of the civil action or suit on ground other than and independent of the authority conferred by section 1346(f) of this title (f) A civil action against the United States under this section shall be tried by the court without a jury. (g) Any civil action under this section, except for an action brought by a State, shall be barred unless it is commenced within twelve years of the date upon which it accrued. Such action shall be deemed to have accrued on the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States. (h) No civil action may be maintained under this section by a State with respect to defense facilities (including land) of the United States so long as the lands at issue are being used or required by the United States for national defense purposes as determined by the head of the Federal agency with jurisdiction over the lands involved, if it is determined that the State action was brought more than twelve years after the State knew or should have known of the claims of the United States. Upon cessation of such use or requirement, the State may dispute title to such lands pursuant to the provisions of this section. The decision of the head of the Federal agency is not subject to judicial review. (i) Any civil action brought by a State under this section with respect to lands, other than tide or submerged lands, on which the United States or its lessee or right-of-way or easement grantee has made substantial improvements or substantial investments or on which the United States has conducted substantial activities pursuant to a management plan such as range improvement, timber harvest, tree planting, mineral activities, farming, wildlife habitat improvement, or other similar activities, shall be barred unless the action is commenced within twelve years after the date the State received notice of the Federal claims to the lands. (j) If a final determination in an action brought by a State under this section involving submerged or tide lands on which the United States or its lessee or right-of-way or easement grantee has made substantial improvements or substantial investments is adverse to the United States and it is determined that the States action was brought more than twelve years after the State received notice of the Federal claim to the lands, the State shall take title to the lands subject to any existing lease, easement, or right-of-way. Any compensation due with respect to such lease, easement, or right-of-way shall be determined under existing law. (k) Notice for the purposes of the accrual of an action brought by a State under this section shall be (1) by public communications with respect to the claimed lands which are sufficiently specific as to be reasonably calculated to put the claimant on notice of the Federal claim to the lands, or (2) by the use, occupancy, or improvement of the claimed lands which, in the circumstances, is open and notorious. (l) For purposes of this section, the term tide or submerged lands means lands beneath navigable waters as defined in section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 (m) Not less than one hundred and eighty days before bringing any action under this section, a State shall notify the head of the Federal agency with jurisdiction over the lands in question of the States intention to file suit, the basis therefor, and a description of the lands included in the suit. (n) Nothing in this section shall be construed to permit suits against the United States based upon adverse possession. (Added Pub. L. 92562,  3(a) Oct. 25, 1972 86 Stat. 1176 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 99598 Nov. 4, 1986 100 Stat. 3351  Editorial Notes  References in Text Section 208 of the Act of July 10, 1952 act July 10, 1952, ch. 651 66 Stat. 560 section 666 of Title 43 Amendments 1986Subsec. (a). Pub. L. 99514 Subsecs. (c) to (n). Pub. L. 99598 Short Title This section is popularly known as the Quiet Title Act.  2410. Actions affecting property on which United States has lien (a) Under the conditions prescribed in this section and section 1444 of this title (1) to quiet title to, (2) to foreclose a mortgage or other lien upon, (3) to partition, (4) to condemn, or (5) of interpleader or in the nature of interpleader with respect to, real or personal property on which the United States has or claims a mortgage or other lien. (b) The complaint or pleading shall set forth with particularity the nature of the interest or lien of the United States. In actions or suits involving liens arising under the internal revenue laws, the complaint or pleading shall include the name and address of the taxpayer whose liability created the lien and, if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice, and the date and place such notice of lien was filed. In actions in the State courts service upon the United States shall be made by serving the process of the court with a copy of the complaint upon the United States attorney for the district in which the action is brought or upon an assistant United States attorney or clerical employee designated by the United States attorney in writing filed with the clerk of the court in which the action is brought and by sending copies of the process and complaint, by registered mail, or by certified mail, to the Attorney General of the United States at Washington, District of Columbia. In such actions the United States may appear and answer, plead or demur within sixty days after such service or such further time as the court may allow. (c) A judgment or decree in such action or suit shall have the same effect respecting the discharge of the property from the mortgage or other lien held by the United States as may be provided with respect to such matters by the local law of the place where the court is situated. However, an action to foreclose a mortgage or other lien, naming the United States as a party under this section, must seek judicial sale. A sale to satisfy a lien inferior to one of the United States shall be made subject to and without disturbing the lien of the United States, unless the United States consents that the property may be sold free of its lien and the proceeds divided as the parties may be entitled. Where a sale of real estate is made to satisfy a lien prior to that of the United States, the United States shall have one year from the date of sale within which to redeem, except that with respect to a lien arising under the internal revenue laws the period shall be 120 days or the period allowable for redemption under State law, whichever is longer, and in any case in which, under the provisions of section 505 of the Housing Act of 1950, as amended ( 12 U.S.C. 1701k section 3720 of title 38 (d) In any case in which the United States redeems real property under this section or section 7425 of the Internal Revenue Code of 1986, the amount to be paid for such property shall be the sum of (1) the actual amount paid by the purchaser at such sale (which, in the case of a purchaser who is the holder of the lien being foreclosed, shall include the amount of the obligation secured by such lien to the extent satisfied by reason of such sale), (2) interest on the amount paid (as determined under paragraph (1)) at 6 percent per annum from the date of such sale, and (3) the amount (if any) equal to the excess of (A) the expenses necessarily incurred in connection with such property, over (B) the income from such property plus (to the extent such property is used by the purchaser) a reasonable rental value of such property. (e) Whenever any person has a lien upon any real or personal property, duly recorded in the jurisdiction in which the property is located, and a junior lien, other than a tax lien, in favor of the United States attaches to such property, such person may make a written request to the officer charged with the administration of the laws in respect of which the lien of the United States arises, to have the same extinguished. If after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to wholly or partly satisfy the lien of the United States, or that the claim of the United States has been satisfied or by lapse of time or otherwise has become unenforceable, such officer may issue a certificate releasing the property from such lien. ( June 25, 1948, ch. 646 62 Stat. 972 May 24, 1949, ch. 139,  119 63 Stat. 105 Pub. L. 85508,  12(h) July 7, 1958 72 Stat. 348 Pub. L. 86507,  1(20) June 11, 1960 74 Stat. 201 Pub. L. 89719, title II,  201 Nov. 2, 1966 80 Stat. 1147 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 101647, title XXXVI,  3630 Nov. 29, 1990 104 Stat. 4966 Pub. L. 10283,  5(c)(2) Aug. 6, 1991 105 Stat. 406 Pub. L. 104316, title I,  114 Oct. 19, 1996 110 Stat. 3834  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  901, 902, 904, 905 ( Mar. 4, 1931, ch. 515 46 Stat. 1528 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1936, ch. 804 49 Stat. 1921 June 6, 1940, ch. 242 54 Stat. 234 Dec. 2, 1942, ch. 656 56 Stat. 1026 Provisions including the districts of Hawaii and Puerto Rico, and the District Court of the United States for the District of Columbia, in section 901 of title 28 section 451 of this title Provisions in section 902 of title 28 Changes were made in phraseology. 1949 Act This amendment conforms the language of section 2410(b) of title 28 Editorial Notes  References in Text Section 7425 of the Internal Revenue Code of 1986, referred to in subsec. (d), is classified to section 7425 of Title 26 Amendments 1996Subsec. (e). Pub. L. 104316 1991Subsec. (c). Pub. L. 10283 section 3720 of title 38 section 1820 of title 38 1990Subsec. (c). Pub. L. 101647 1986Subsec. (d). Pub. L. 99514 1966Subsec. (a). Pub. L. 89719 (1) to quiet title to, (2) to foreclose a mortgage or other lien upon, (3) to partition, (4) to condemn, or (5) of interpleader or in the nature of interpleader with respect to, for subject matter, to quiet title to or for the foreclosure of a mortgage or other lien upon. Subsec. (b). Pub. L. 89719 Subsec. (c). Pub. L. 89719 section 1701k of Title 12 section 1820(d) of Title 38 Subsecs. (d), (e). Pub. L. 89719 1960Subsec. (b). Pub. L. 86507 1958Subsec. (a). Pub. L. 85508 section 81A of this title 1949Subsec. (b). Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101647 Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title Effective Date of 1966 Amendment Amendment by Pub. L. 89719 Nov. 2, 1966 section 203 of Pub. L. 89719 section 1346 of this title Effective Date of 1958 Amendment Amendment by Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 81A of this title section 21 of Title 48  2411. Interest  In any judgment of any court rendered (whether against the United States, a collector or deputy collector of internal revenue, a former collector or deputy collector, or the personal representative in case of death) for any overpayment in respect of any internal-revenue tax, interest shall be allowed at the overpayment rate established under section 6621 of the Internal Revenue Code of 1986 upon the amount of the overpayment, from the date of the payment or collection thereof to a date preceding the date of the refund check by not more than thirty days, such date to be determined by the Commissioner of Internal Revenue. The Commissioner is authorized to tender by check payment of any such judgment, with interest as herein provided, at any time after such judgment becomes final, whether or not a claim for such payment has been duly filed, and such tender shall stop the running of interest, whether or not such refund check is accepted by the judgment creditor. ( June 25, 1948, ch. 646 62 Stat. 973 May 24, 1949, ch. 139,  120 63 Stat. 106 Pub. L. 93625,  7(a)(2) Jan. 3, 1975 88 Stat. 2115 Pub. L. 97164, title III,  302(b) Apr. 2, 1982 96 Stat. 56 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  765, 931(a), 932, Mar. 3, 1877, ch. 359,  10 24 Stat. 507 Feb. 13, 1925, ch. 229,  8 43 Stat. 940 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 Aug. 2, 1946, ch. 753 60 Stat. 843 Section consolidates section 765 with provisions of sections 931(a) and 932, all of title 28, U.S.C., 1940 ed., relating to interest on judgments, the latter two sections being applicable to judgments in tort claims cases. For other provisions of said sections 931(a) and 932, see Distribution Table. Said section 932 made the provisions of said section 765 applicable to such judgments, therefore the provisions of said section 931(a) that the United States shall not be liable for interest prior to judgment was omitted as covered by the language of said section 765 providing that interest shall be computed from the date of the judgment. Provisions of section 765 of title 28 section 507 of this title Words of section 765 of title 28 Changes were made in phraseology. 1949 Act This section amends section 2411 of title 28 Editorial Notes  References in Text Section 6621 of the Internal Revenue Code of 1986, referred to in text, is classified to section 6621 of Title 26 Amendments 1986 Pub. L. 99514,  1511(c)(18) Pub. L. 99514,  2 1982 Pub. L. 97164 section 1346 of this title 1975Subsec. (a). Pub. L. 93625 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99514 Dec. 31, 1986 section 1511(d) of Pub. L. 99514 section 6621 of Title 26 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2412. Costs and fees (a) (1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under section 1914(a) of this title (b) Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides for such an award. (c) (1) Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for costs pursuant to subsection (a) shall be paid as provided in sections 2414 and 2517 of this title and shall be in addition to any relief provided in the judgment. (2) Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for fees and expenses of attorneys pursuant to subsection (b) shall be paid as provided in sections 2414 and 2517 of this title, except that if the basis for the award is a finding that the United States acted in bad faith, then the award shall be paid by any agency found to have acted in bad faith and shall be in addition to any relief provided in the judgment. (d) (1) (A) Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. (B) A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this subsection, and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought. (C) The court, in its discretion, may reduce the amount to be awarded pursuant to this subsection, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. (D) If, in a civil action brought by the United States or a proceeding for judicial review of an adversary adjudication described in section 504(a)(4) of title 5 (2) For the purposes of this subsection (A) fees and other expenses includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the partys case, and reasonable attorney fees (The amount of fees awarded under this subsection shall be based upon prevailing market rates for the kind and quality of the services furnished, except that (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the United States; and (ii) attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.); (B) party means (i) an individual whose net worth did not exceed $2,000,000 at the time the civil action was filed, or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) 12 U.S.C. 1141j(a) section 601 of title 5 (C) United States includes any agency and any official of the United States acting in his or her official capacity; (D) position of the United States means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings; (E) civil action brought by or against the United States includes an appeal by a party, other than the United States, from a decision of a contracting officer rendered pursuant to a disputes clause in a contract with the Government or pursuant to chapter 71 of title 41; (F) court includes the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims; (G) final judgment means a judgment that is final and not appealable, and includes an order of settlement; (H) prevailing party, in the case of eminent domain proceedings, means a party who obtains a final judgment (other than by settlement), exclusive of interest, the amount of which is at least as close to the highest valuation of the property involved that is attested to at trial on behalf of the property owner as it is to the highest valuation of the property involved that is attested to at trial on behalf of the Government; and (I) demand means the express demand of the United States which led to the adversary adjudication, but shall not include a recitation of the maximum statutory penalty (i) in the complaint, or (ii) elsewhere when accompanied by an express demand for a lesser amount. (3) In awarding fees and other expenses under this subsection to a prevailing party in any action for judicial review of an adversary adjudication, as defined in subsection (b)(1)(C) of section 504 of title 5 (4) Fees and other expenses awarded under this subsection to a party shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise. (5) (A) Not later than March 31 of the first fiscal year beginning after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. (B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. (C) (i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision. (ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. (D) The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report (i) any amounts paid under section 1304 of title 31 (ii) the amount of the award of fees and other expenses; and (iii) the statute under which the plaintiff filed suit. (6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information: (A) The case name and number, hyperlinked to the case, if available. (B) The name of the agency involved in the case. (C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award. (D) A description of the claims in the case. (E) The amount of the award. (F) The basis for the finding that the position of the agency concerned was not substantially justified. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. (8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7). (e) The provisions of this section shall not apply to any costs, fees, and other expenses in connection with any proceeding to which section 7430 of the Internal Revenue Code of 1986 applies (determined without regard to subsections (b) and (f) of such section). Nothing in the preceding sentence shall prevent the awarding under subsection (a) of this section of costs enumerated in section 1920 of this title October 1, 1981 (f) If the United States appeals an award of costs or fees and other expenses made against the United States under this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award as affirmed. Such interest shall be computed at the rate determined under section 1961(a) of this title ( June 25, 1948, ch. 646 62 Stat. 973 Pub. L. 89507,  1 July 18, 1966 80 Stat. 308 Pub. L. 96481, title II,  204(a) Oct. 21, 1980 94 Stat. 2327 Pub. L. 97248, title II,  292(c) Sept. 3, 1982 96 Stat. 574 Pub. L. 9980 Aug. 5, 1985 99 Stat. 184 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title III,  301(a) Oct. 29, 1992 106 Stat. 45114513 Pub. L. 10466, title I,  1091(b) Dec. 21, 1995 109 Stat. 722 Pub. L. 104121, title II,  232 Mar. 29, 1996 110 Stat. 863 Pub. L. 105368, title V,  512(b)(1)(B) Nov. 11, 1998 112 Stat. 3342 Pub. L. 111350,  5(g)(9) Jan. 4, 2011 124 Stat. 3848 Pub. L. 1169, title IV,  4201(a)(2) Mar. 12, 2019 133 Stat. 763  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  258, 931(a) ( Mar. 3, 1911, ch. 231,  152 36 Stat. 1138 Aug. 2, 1946, ch. 753,  410(a) 60 Stat. 843 Section consolidates the last sentence of section 931(a) of title 28 Subsection (a) is new. It follows the well-known common-law rule that a sovereign is not liable for costs unless specific provision for such liability is made by law. This is a corollary to the rule that a sovereign cannot be sued without its consent. Many enactments of Congress relating to fees and costs contain specific exceptions as to the liability of the United States. (See, for example, section 548 of title 28 Subsection (b) incorporates section 258 of title 28 Subsection (c) incorporates the costs provisions of section 931(a) of title 28 Words and for summoning the same, after witnesses, were omitted from subsection (b) as covered by those actually incurred for witnesses. Changes were made in phraseology. Editorial Notes  References in Text The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d)(5)(A) and (6), is the date of enactment of Pub. L. 1169 Mar. 12, 2019 Section 7430 of the Internal Revenue Code of 1986, referred to in subsec. (e), is classified to section 7430 of Title 26 Amendments 2019Subsec. (d)(3). Pub. L. 1169,  4201(a)(3)(A) Subsec. (d)(5) to (8). Pub. L. 1169,  4201(a)(2) Subsec. (e). Pub. L. 1169,  4201(a)(3)(B) section 1920 of this title section 2412 of title 28 2011Subsec. (d)(2)(E). Pub. L. 111350,  5(g)(9)(A) Subsec. (d)(3). Pub. L. 111350,  5(g)(9)(B) 1998Subsec. (d)(2)(F). Pub. L. 105368 1996Subsec. (d)(1)(D). Pub. L. 104121,  232(a) Subsec. (d)(2)(A)(ii). Pub. L. 104121,  232(b)(1) Subsec. (d)(2)(B). Pub. L. 104121,  232(b)(2) section 601 of title 5 Subsec. (d)(2)(I). Pub. L. 104121,  232(b)(3) 1995Subsec. (d)(5). Pub. L. 10466 1992Subsec. (a). Pub. L. 102572,  301(a) Subsec. (d)(2)(F). Pub. L. 102572,  902(b)(1) Pub. L. 102573,  506(a) Subsec. (d)(5). Pub. L. 102572,  502(b) section 604 of this title 1986Subsecs. (d)(2)(B), (e). Pub. L. 99514 1985Subsecs. (a), (b). Pub. L. 9980,  2(a)(1) Subsec. (d). Pub. L. 9980,  6 Pub. L. 96481,  204(c) Aug. 5, 1985 Subsec. (d)(1)(A). Pub. L. 9980,  2(a)(2) Subsec. (d)(1)(B). Pub. L. 9980,  2(b) Subsec. (d)(2)(B). Pub. L. 9980,  2(c)(1) 26 U.S.C. 501(c)(3) 12 U.S.C. 1141j(a) 26 U.S.C. 501(c)(3) 12 U.S.C. 1141j(a) Subsec. (d)(2)(D) to (H). Pub. L. 9980,  2(c)(2) Subsec. (d)(4). Pub. L. 9980,  2(d) (A) Fees and other expenses awarded under this subsection may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such purpose. If not paid by any agency, the fees and other expenses shall be paid in the same manner as the payment of final judgments is made in accordance with sections 2414 and 2517 of this title. (B) There is authorized to be appropriated to each agency for each of the fiscal years 1982, 1983, and 1984, such sums as may be necessary to pay fees and other expenses awarded pursuant to this subsection in such fiscal years. Subsec. (f). Pub. L. 9980,  2(e) 1982Subsec. (e). Pub. L. 97248 1980 Pub. L. 96481,  204(a) section 2517 of this title Pub. L. 96481,  204(c) Oct. 1, 1984 1966 Pub. L. 89507 section 2517 of this title section 1346(b) of this title Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Amendment by Pub. L. 105368 Nov. 11, 1998 section 513 of Pub. L. 105368 section 7251 of Title 38 Effective Date of 1996 Amendment Amendment by Pub. L. 104121 Mar. 29, 1996 section 233 of Pub. L. 104121 section 504 of Title 5 Effective Date of 1992 Amendment Pub. L. 102572, title V,  506(b) Oct. 29, 1992 106 Stat. 4513 The amendment made by subsection (a) [amending this section] shall apply to any case pending before the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] on the date of the enactment of this Act [ Oct. 29, 1992 Pub. L. 102572, title V,  506(d) Oct. 29, 1992 106 Stat. 4513 This section [amending this section and enacting provisions set out under this section], and the amendment made by this section, shall take effect on the date of the enactment of this Act [ Oct. 29, 1992 Amendment by section 902(b)(1) of Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Amendment by sections 301(a) and 502(b) of Pub. L. 102572 Jan. 1, 1993 section 1101(a) of Pub. L. 102572 section 905 of Title 2 Effective Date of 1985 Amendment Amendment by Pub. L. 9980 Aug. 5, 1985 section 7 of Pub. L. 9980 section 504 of Title 5 Effective Date of 1982 Amendment Amendment by Pub. L. 97248 Feb. 28, 1983 section 292(e)(1) of Pub. L. 97248 section 7430 of Title 26 Effective Date of 1980 Amendment Amendment by section 204(a) of Pub. L. 96481 Oct. 1, 1981 section 504(b)(1)(C) of Title 5 section 208 of Pub. L. 96481 section 504 of Title 5 Pub. L. 96481, title II,  204(c) Oct. 21, 1980 94 Stat. 2329 Oct. 1, 1984 Pub. L. 9980,  6(b)(2) Aug. 5, 1985 99 Stat. 186 Effective Date of 1966 Amendment Pub. L. 89507,  3 July 18, 1966 80 Stat. 308 These amendments [amending this section and section 2520 of this title July 18, 1966 Revival of Previously Repealed Provisions For revival of subsec. (d) of this section effective on or after Aug. 5, 1985 section 204(c) of Pub. L. 96481 section 204(c) of Pub. L. 96481 section 6 of Pub. L. 9980 section 504 of Title 5 Savings Provision Pub. L. 96481, title II,  206 Oct. 21, 1980 94 Stat. 2330 Pub. L. 9980,  3 Aug. 5, 1985 99 Stat. 186  (a) Except as provided in subsection (b), nothing in section 2412(d) of title 28 section 204(a) of this title (b) Section 206(b) of the Social Security Act ( 42 U.S.C. 406(b)(1) section 2412(d) of title 28 section 2412(d) of title 28 Authority of Court of Appeals for Veterans Claims to Award Fees Under Equal Access to Justice Act for Non-attorney Practitioners. Pub. L. 107330, title IV,  403 Dec. 6, 2002 116 Stat. 2833 The authority of the United States Court of Appeals for Veterans Claims to award reasonable fees and expenses of attorneys under section 2412(d) of title 28 Nonliability of Judicial Officers for Costs Pub. L. 104317, title III,  309(a) Oct. 19, 1996 110 Stat. 3853 Notwithstanding any other provision of law, no judicial officer shall be held liable for any costs, including attorneys fees, in any action brought against such officer for an act or omission taken in such officers judicial capacity, unless such action was clearly in excess of such officers jurisdiction. Fee Agreements Pub. L. 102572, title V,  506(c) Oct. 29, 1992 106 Stat. 4513  Section 5904(d) of title 38 section 2412(d) of title 28 Section 5904(d) of title 38 section 5904 of title 38 section 2412(d) of title 28  2413. Executions in favor of United States  A writ of execution on a judgment obtained for the use of the United States in any court thereof shall be issued from and made returnable to the court which rendered the judgment, but may be executed in any other State, in any Territory, or in the District of Columbia. ( June 25, 1948, ch. 646 62 Stat. 974  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  839 (R.S.  986). Words or in the District of Columbia were added on the authority of 14 Op. Atty. Gen. 384, declaring that, under this section, a writ of execution in favor of the United States, obtained from a Federal court in any State, could be executed in the District of Columbia. (See, also, section 1963 of this title Changes in phraseology were made.  2414. Payment of judgments and compromise settlements  Except as provided by chapter 71 of title 41, payment of final judgments rendered by a district court or the Court of International Trade against the United States shall be made on settlements by the Secretary of the Treasury. Payment of final judgments rendered by a State or foreign court or tribunal against the United States, or against its agencies or officials upon obligations or liabilities of the United States, shall be made on settlements by the Secretary of the Treasury after certification by the Attorney General that it is in the interest of the United States to pay the same. Whenever the Attorney General determines that no appeal shall be taken from a judgment or that no further review will be sought from a decision affirming the same, he shall so certify and the judgment shall be deemed final. Except as otherwise provided by law, compromise settlements of claims referred to the Attorney General for defense of imminent litigation or suits against the United States, or against its agencies or officials upon obligations or liabilities of the United States, made by the Attorney General or any person authorized by him, shall be settled and paid in a manner similar to judgments in like causes and appropriations or funds available for the payment of such judgments are hereby made available for the payment of such compromise settlements. ( June 25, 1948, ch. 646 62 Stat. 974 Pub. L. 87187,  1 Aug. 30, 1961 75 Stat. 415 Pub. L. 95563,  14(d) Nov. 1, 1978 92 Stat. 2390 Pub. L. 96417, title V,  512 Oct. 10, 1980 94 Stat. 1744 Pub. L. 104316, title II,  202(k) Oct. 19, 1996 110 Stat. 3843 Pub. L. 111350,  5(g)(10) Jan. 4, 2011 124 Stat. 3848  Historical and Revision Notes Based on section 228 of title 31 Feb. 18, 1904, ch. 160,  1 33 Stat. 41 June 10, 1921, ch. 18,  304 42 Stat. 24 Similar provisions of section 228 of title 31 section 2517 of this title The second paragraph was added to make clear that the payment of judgments not appealed may be expedited by certificate to that effect. Changes were made in phraseology. Editorial Notes Amendments 2011 Pub. L. 111350 1996 Pub. L. 104316 1980 Pub. L. 96417 1978 Pub. L. 95563 1961 Pub. L. 87187 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96417 Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95563 Nov. 1, 1978 section 16 of Pub. L. 95563 Nov. 1, 1978 92 Stat. 2391  2415. Time for commencing actions brought by the United States (a) Subject to the provisions of section 2416 of this title Provided Provided further Provided further Provided (b) Subject to the provisions of section 2416 of this title Provided Provided (c) Nothing herein shall be deemed to limit the time for bringing an action to establish the title to, or right of possession of, real or personal property. (d) Subject to the provisions of section 2416 of this title Provided (e) In the event that any action to which this section applies is timely brought and is thereafter dismissed without prejudice, the action may be recommenced within one year after such dismissal, regardless of whether the action would otherwise then be barred by this section. In any action so recommenced the defendant shall not be barred from interposing any claim which would not have been barred in the original action. (f) The provisions of this section shall not prevent the assertion, in an action against the United States or an officer or agency thereof, of any claim of the United States or an officer or agency thereof against an opposing party, a co-party, or a third party that arises out of the transaction or occurrence that is the subject matter of the opposing partys claim. A claim of the United States or an officer or agency thereof that does not arise out of the transaction or occurrence that is the subject matter of the opposing partys claim may, if time-barred, be asserted only by way of offset and may be allowed in an amount not to exceed the amount of the opposing partys recovery. (g) Any right of action subject to the provisions of this section which accrued prior to the date of enactment of this Act shall, for purposes of this section, be deemed to have accrued on the date of enactment of this Act. (h) Nothing in this Act shall apply to actions brought under the Internal Revenue Code or incidental to the collection of taxes imposed by the United States. (i) The provisions of this section shall not prevent the United States or an officer or agency thereof from collecting any claim of the United States by means of administrative offset, in accordance with section 3716 of title 31 (Added Pub. L. 89505,  1 July 18, 1966 80 Stat. 304 Pub. L. 92353 July 18, 1972 86 Stat. 499 Pub. L. 92485 Oct. 13, 1972 86 Stat. 803 Pub. L. 9564 July 11, 1977 91 Stat. 268 Pub. L. 95103 Aug. 15, 1977 91 Stat. 842 Pub. L. 96217,  1 Mar. 27, 1980 94 Stat. 126 Pub. L. 97365,  9 Oct. 25, 1982 96 Stat. 1754 Pub. L. 97394, title I,  2 Dec. 30, 1982 96 Stat. 1976 Pub. L. 97452,  2(d)(2) Jan. 12, 1983 96 Stat. 2478 Pub. L. 98250,  4(a) Apr. 3, 1984 98 Stat. 118  Editorial Notes  References in Text The date of enactment of this Act, referred to in subsecs. (a), (b), and (g), means the date of enactment of Pub. L. 89505 July 18, 1966 The Indian Claims Limitation Act of 1982, referred to in subsecs. (a) and (b), is Pub. L. 97394, title I Dec. 30, 1982 96 Stat. 19761978 This Act, referred to in subsec. (h), probably means Pub. L. 89505 July 18, 1966 80 Stat. 304 section 2416 of this title Amendments 1984Subsecs. (a), (b). Pub. L. 98250 1983Subsec. (i). Pub. L. 97452 section 3716 of title 31 1982Subsec. (a). Pub. L. 97394,  2(a) Provided December 31, 1982 Subsec. (b). Pub. L. 97394,  2(b) Provided December 31, 1982 Subsec. (i). Pub. L. 97365 1980Subsec. (a). Pub. L. 96217,  1(a) December 31, 1982 April 30, 1980 Subsec. (b). Pub. L. 96217,  1(b) December 31, 1982 April 1, 1980 1977Subsec. (a). Pub. L. 95103,  1(a) April 1, 1980 August 18, 1977 Pub. L. 9564,  1(a) August 18, 1977 July 18, 1966 Subsec. (b). Pub. L. 95103,  1(b) April 1, 1980 August 18, 1977 Pub. L. 9564,  1(b) August 18, 1977 July 18, 1966 1972Subsec. (a). Pub. L. 92485,  1(a) Pub. L. 92353,  1(a) Subsec. (b). Pub. L. 92485,  1(b) Pub. L. 92353,  1(b) Statutory Notes and Related Subsidiaries Short Title of 1982 Amendment Pub. L. 97394, title I,  1 Dec. 30, 1982 96 Stat. 1976 Pub. L. 98250,  4(b) Apr. 3, 1984 98 Stat. 119 Sections 2 through 6 of this Act [amending this section and enacting provisions set out below] may be cited as the Indian Claims Limitation Act of 1982. Publication of List of Indian Claims; Additional Claims; Time To Commence Action; Rejection of Claims; Claims Resolved By Legislation Pub. L. 97394, title I Dec. 30, 1982 96 Stat. 1977  Sec. 3. (a) Within ninety days after the enactment of this Act [ Dec. 30, 1982 July 18, 1966 section 2415 of title 28 Provided (b) Such list shall group the claims on a reservation-by-reservation, tribe-by-tribe, or State-by-State basis, as appropriate, and shall state the nature and geographic location of each claim and only such other additional information as may be needed to identify specifically such claims. (c) Within thirty days after the publication of this list, the Secretary shall provide a copy of the Indian Claims Limitation Act of 1982 [see Short Title of 1982 Amendment note above] and a copy of the Federal Register containing this list, or such parts as may be pertinent, to each Indian tribe, band or group whose rights or the rights of whose members could be affected by the provisions of section 2415 of title 28 Sec. 4. (a) Any tribe, band or group of Indians or any individual Indian shall have one hundred and eighty days after the date of the publication in the Federal Register of the list provided for in section 3 of this Act to submit to the Secretary any additional specific claim or claims which such tribe, band or group of Indians or individual Indian believes may be affected by section 2415 of title 28 (b) Any such claim submitted to the Secretary shall be accompanied by a statement identifying the nature of the claim, the date when the right of action allegedly accrued, the names of the potential plaintiffs and defendants, if known, and such other information needed to identify and evaluate such claim. (c) Not more than thirty days after the expiration of the one hundred and eighty day period provided for in subsection (a) of this section, the Secretary shall publish in the Federal Register a list containing the additional claims submitted during such period: Provided Sec. 5. (a) Any right of action shall be barred sixty days after the date of the publication of the list required by section 4(c) of this Act for those pre-1966 claims which, but for the provisions of this Act [see Short Title of 1982 Amendment note above], would have been barred by section 2415 of title 28 (b) If the Secretary decides to reject for litigation any of the claims or groups or categories of claims contained on either of the lists required by section 3 or 4(c) of this Act, he shall send a report to the appropriate tribe, band, or group of Indians, whose rights or the rights of whose members could be affected by such rejection, advising them of his decision. The report shall identify the nature and geographic location of each rejected claim and the name of the potential plaintiffs and defendants if they are known or can be reasonably ascertained and shall, briefly, state the reasons why such claim or claims were rejected for litigation. Where the Secretary knows or can reasonably ascertain the identity of any of the potential individual Indian plaintiffs and their present addresses, he shall provide them with written notice of such rejection. Upon the request of any Indian claimant, the Secretary shall, without undue delay, provide to such claimant any nonprivileged research materials or evidence gathered by the United States in the documentation of such claim. (c) The Secretary, as soon as possible after providing the report required by subsection (b) of this section, shall publish a notice in the Federal Register identifying the claims covered in such report. With respect to any claim covered by such report, any right of action shall be barred unless the complaint is filed within one year after the date of publication in the Federal Register. Sec. 6. (a) If the Secretary determines that any claim or claims contained in either of the lists as provided in sections 3 or 4(c) of this Act is not appropriate for litigation, but determines that such claims may be appropriately resolved by legislation, he shall submit to the Congress legislation to resolve such claims or shall submit to Congress a report setting out options for legislative resolution of such claims. (b) Any right of action on claims covered by such legislation or report shall be barred unless the complaint is filed within 3 years after the date of submission of such legislation or legislative report to Congress. Legislative Proposals Respecting Appropriateness of Resolution by Litigation of Unresolved Indian Claims Pub. L. 96217,  2 Mar. 27, 1980 94 Stat. 126 Not later than June 30, 1981  2416. Time for commencing actions brought by the United StatesExclusions For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which (a) the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the Commonwealth of Puerto Rico; or (b) the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or (c) facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the circumstances; or (d) the United States is in a state of war declared pursuant to article I, section 8, of the Constitution of the United States. (Added Pub. L. 89505,  1 July 18, 1966 80 Stat. 305 CHAPTER 163 FINES, PENALTIES AND FORFEITURES    Sec.  2461. Mode of recovery.  2462. Time for commencing proceedings.  2463. Property taken under revenue law not repleviable.  2464. Security; special bond.  2465. Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest.  2466. Fugitive disentitlement.  2467. Enforcement of foreign judgment.  Editorial Notes Amendments 2000 Pub. L. 106185 Apr. 25, 2000 114 Stat. 213  2461. Mode of recovery (a) Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action. (b) Unless otherwise provided by Act of Congress, whenever a forfeiture of property is prescribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty. (c) If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case pursuant to to 1 1 section 3554 of title 18 21 U.S.C. 853 ( June 25, 1948, ch. 646 62 Stat. 974 Pub. L. 106185,  16 Apr. 25, 2000 114 Stat. 221 Pub. L. 109177, title IV,  410 Mar. 9, 2006 120 Stat. 246  Historical and Revision Notes Subsection (a) was drafted to clarify a serious ambiguity in existing law and is based upon rulings of the Supreme Court. Numerous sections in the United States Code prescribe civil fines, penalties, and pecuniary forfeitures for violation of certain sections without specifying the mode of recovery or enforcement thereof. See, for example, section 567 of title 12 section 64 of title 14 section 180 of title 25 A civil fine, penalty, or pecuniary forfeiture is recoverable in a civil action. United States ex rel. Marcus v. Hess Hepner v. United States Forfeiture of bail bonds in criminal cases are enforceable by procedure set out in Rule 46 of the Federal Rules of Criminal Procedure. If the statute contemplates a criminal fine, it can only be recovered in a criminal proceeding under the Federal Rules of Criminal Procedure, after a conviction. The collection of civil fines and penalties, however, may not be had under the Federal Rules of Criminal Procedure, Rule 54(b)(5), but enforcement of a criminal fine imposed in a criminal case may be had by execution on the judgment rendered in such case, as in civil actions. (See section 569 of title 18 Subsection (b) was drafted to cover the subject of forfeiture of property generally. Sections in the United States Code specifically providing a mode of enforcement of forfeiture of property for their violation and other procedural matters will, of course, govern and subsection (b) will not affect them. It will only cover cases where no mode of recovery is prescribed. Words Unless otherwise provided by enactment of Congress were inserted at the beginning of subsection (b) to exclude from its application instances where a libel in admiralty is not required. For example, under sections 1607, 1609, and 1610 of title 19, U.S.C., 1940 ed., Customs Duties, the collector of customs may, by summary procedure, sell at public auction, without previous declaration of forfeiture or libel proceedings, any vessel, etc., under $1,000 in value in cases where no claim for the same is filed or bond given as required by customs laws. Rule 81 of the Federal Rules of Civil Procedure makes such rules applicable to the appeals in cases of seizures on land. (See also 443 Cans of Frozen Egg Product v. United States Eureka Productions v. Mulligan Eureka Productions v. Mulligan In re Graham 443 Cans of Frozen Egg Product v. United States Subsection (b) is in conformity with Rule 21 of the Supreme Court Admiralty Rules, which recognizes that a libel may be filed upon seizure for any breach of any enactment of Congress, whether on land or on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States. Such rule also permits an information to be filed, but is rarely, if ever, used at present. Consequently, information has been omitted from the text and only libel is incorporated. Editorial Notes  References in Text The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The Controlled Substances Act, referred to in subsec. (c), is title II of Pub. L. 91513 Oct. 27, 1970 84 Stat. 1242 section 801 of Title 21 Amendments 2006Subsec. (c). Pub. L. 109177 21 U.S.C. 853 2000Subsec. (c). Pub. L. 106185 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106185 Apr. 25, 2000 section 21 of Pub. L. 106185 section 1324 of Title 8 Federal Civil Penalties Inflation Adjustment Pub. L. 101410 Oct. 5, 1990 104 Stat. 890 Pub. L. 104134, title III,  31001(s)(1) Apr. 26, 1996 110 Stat. 1321373 Pub. L. 105362, title XIII,  1301(a) Nov. 10, 1998 112 Stat. 3293 Pub. L. 11474, title VII,  701(b) Nov. 2, 2015 129 Stat. 599  short title Section 1. This Act may be cited as the Federal Civil Penalties Inflation Adjustment Act of 1990. findings and purpose Sec. 2. (a)  Findings The Congress finds that (1) the power of Federal agencies to impose civil monetary penalties for violations of Federal law and regulations plays an important role in deterring violations and furthering the policy goals embodied in such laws and regulations; (2) the impact of many civil monetary penalties has been and is diminished due to the effect of inflation; (3) by reducing the impact of civil monetary penalties, inflation has weakened the deterrent effect of such penalties; and (4) the Federal Government does not maintain comprehensive, detailed accounting of the efforts of Federal agencies to assess and collect civil monetary penalties. (b)  Purpose The purpose of this Act is to establish a mechanism that shall (1) allow for regular adjustment for inflation of civil monetary penalties; (2) maintain the deterrent effect of civil monetary penalties and promote compliance with the law; and (3) improve the collection by the Federal Government of civil monetary penalties. definitions Sec. 3. For purposes of this Act, the term (1) agency means an Executive agency as defined under section 105 of title 5 (2) civil monetary penalty means any penalty, fine, or other sanction that (A) (i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts; and (3) Consumer Price Index means the Consumer Price Index for all-urban consumers published by the Department of Labor. civil monetary penalty inflation adjustment reports Sec. 4. (a)  In General Not later than July 1, 2016 (1) in accordance with subsection (b), adjust each civil monetary penalty provided by law within the jurisdiction of the Federal agency, except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986 [ 26 U.S.C. 1 19 U.S.C. 1202 (2) publish each such adjustment in the Federal Register. (b)  Procedures for Adjustments. (1)  Catch up adjustment For the first adjustment made under subsection (a) after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [ Nov. 2, 2015 (A) the head of an agency shall adjust civil monetary penalties through an interim final rulemaking; and (B) the adjustment shall take effect not later than August 1, 2016 (2)  Subsequent adjustments For the second adjustment made under subsection (a) after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and each adjustment thereafter, the head of an agency shall adjust civil monetary penalties and shall make the adjustment notwithstanding section 553 of title 5 (c)  Exception For the first adjustment made under subsection (a) after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the head of an agency may adjust the amount of a civil monetary penalty by less than the otherwise required amount if (1) the head of the agency, after publishing a notice of proposed rulemaking and providing an opportunity for comment, determines in a final rule that (A) increasing the civil monetary penalty by the otherwise required amount will have a negative economic impact; or (B) the social costs of increasing the civil monetary penalty by the otherwise required amount outweigh the benefits; and (2) the Director of the Office of Management and Budget concurs with the determination of the head of the agency under paragraph (1). (d)  Other Adjustments Made If a civil monetary penalty subject to a cost-of-living adjustment under this Act is, during the 12 months preceding a required cost-of-living adjustment, increased by an amount greater than the amount of the adjustment required under subsection (a), the head of the agency is not required to make the cost-of-living adjustment for that civil monetary penalty in that year. cost-of-living adjustments of civil monetary penalties Sec. 5. (a)  Adjustment The inflation adjustment under section 4 shall be determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest multiple of $1. (b)  Definition. (1)  In general Except as provided in paragraph (2), for purposes of subsection (a), the term cost-of-living adjustment means the percentage (if any) for each civil monetary penalty by which (A) the Consumer Price Index for the month of October preceding the date of the adjustment, exceeds (B) the Consumer Price Index for the month of October 1 year before the month of October referred to in subparagraph (A). (2)  Initial adjustment. (A)  In general Subject to subparagraph (C), for the first inflation adjustment under section 4 made by an agency after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [ Nov. 2, 2015 (B)  Application of adjustment The cost-of-living adjustment described in subparagraph (A) shall be applied to the amount of the civil monetary penalty as it was most recently established or adjusted under a provision of law other than this Act. (C)  Maximum adjustment The amount of the increase in a civil monetary penalty under subparagraph (A) shall not exceed 150 percent of the amount of that civil monetary penalty on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Sec. 6. Any increase under this Act in a civil monetary penalty shall apply only to civil monetary penalties, including those whose associated violation predated such increase, which are assessed after the date the increase takes effect. SEC. 7.  Implementation and oversight enhancements (a)  OMB Guidance Not later than February 29, 2016 December 15, 2016 (b)  Agency Financial Reports The head of each agency shall include in the Agency Financial Report submitted under OMB Circular A136, or any successor thereto, information about the civil monetary penalties within the jurisdiction of the agency, including the adjustment of the civil monetary penalties by the head of the agency under this Act. (c)  GAO Review The Comptroller General of the United States shall annually submit to Congress a report assessing the compliance of agencies with the inflation adjustments required under this Act, which may be included as part of another report submitted to Congress. [ Pub. L. 104134, title III,  31001(s)(2) Apr. 26, 1996 110 Stat. 1321373  31001(s)(1) of Pub. L. 104134 Pub. L. 101410 Pub. L. 11474, title VII,  701(c) Nov. 2, 2015 129 Stat. 601 [For authority of the Director of the Office of Management and Budget to consolidate reports required under the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101410 Jan. 1, 1995 Sept. 30, 1997 section 404 of Pub. L. 103356 section 501 of Title 31  2462. Time for commencing proceedings  Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon. ( June 25, 1948, ch. 646 62 Stat. 974  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  791 (R.S.  1047). Changes were made in phraseology.  2463. Property taken under revenue law not repleviable  All property taken or detained under any revenue law of the United States shall not be repleviable, but shall be deemed to be in the custody of the law and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. ( June 25, 1948, ch. 646 62 Stat. 974  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  747 (R.S.  934). Changes were made in phraseology.  2464. Security; special bond (a) Except in cases of seizures for forfeiture under any law of the United States, whenever a warrant of arrest or other process in rem is issued in any admiralty case, the United States marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the respondent or claimant of the property a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, to be approved by the judge of the district court where the case is pending, or, in his absence, by the collector of the port, conditioned to answer the decree of the court in such case. Such bond or stipulation shall be returned to the court, and judgment or decree thereon, against both the principal and sureties, may be secured at the time of rendering the decree in the original case. The owner of any vessel may deliver to the marshal a bond or stipulation, with sufficient surety, to be approved by the judge of the district court, conditioned to answer the decree of such court in all or any cases that are brought thereafter in such court against the vessel. Thereupon the execution of all such process against such vessel shall be stayed so long as the amount secured by such bond or stipulation is at least double the aggregate amount claimed by libellants in such suits which are begun and pending against such vessel. Similar judgments or decrees and remedies may be had on such bond or stipulation as if a special bond or stipulation had been filed in each of such suits. (b) The court may make necessary orders to carry this section into effect, particularly in giving proper notice of any such suit. Such bond or stipulation shall be indorsed by the clerk with a minute of the suits wherein process is so stayed. Further security may be required by the court at any time. (c) If a special bond or stipulation in the particular case is given under this section, the liability as to said case on the general bond or stipulation shall cease. The parties may stipulate the amount of the bond or stipulation for the release of a vessel or other property to be not more than the amount claimed in the libel, with interest, plus an allowance for libellants costs. In the event of the inability or refusal of the parties to so stipulate, the court shall fix the amount, but if not so fixed then a bond shall be required in the amount prescribed in this section. ( June 25, 1948, ch. 646 62 Stat. 974  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  754 (R.S.  941; Mar. 3, 1899, ch. 441 30 Stat. 1354 Aug. 3, 1935, ch. 431,  3 49 Stat. 513 Changes were made in phraseology. Executive Documents  Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than Dec. 31, 1966 May 25, 1965 79 Stat. 1317 July 31, 1950 64 Stat. 1280  2465. Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest (a) Upon the entry of a judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any provision of Federal law (1) such property shall be returned forthwith to the claimant or his agent; and (2) if it appears that there was reasonable cause for the seizure or arrest, the court shall cause a proper certificate thereof to be entered and, in such case, neither the person who made the seizure or arrest nor the prosecutor shall be liable to suit or judgment on account of such suit or prosecution, nor shall the claimant be entitled to costs, except as provided in subsection (b). (b) (1) Except as provided in paragraph (2), in any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails, the United States shall be liable for (A) reasonable attorney fees and other litigation costs reasonably incurred by the claimant; (B) post-judgment interest, as set forth in section 1961 of this title (C) in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale (i) interest actually paid to the United States from the date of seizure or arrest of the property that resulted from the investment of the property in an interest-bearing account or instrument; and (ii) an imputed amount of interest that such currency, instruments, or proceeds would have earned at the rate applicable to the 30-day Treasury Bill, for any period during which no interest was paid (not including any period when the property reasonably was in use as evidence in an official proceeding or in conducting scientific tests for the purpose of collecting evidence), commencing 15 days after the property was seized by a Federal law enforcement agency, or was turned over to a Federal law enforcement agency by a State or local law enforcement agency. (2) (A) The United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized by this subsection. (B) The provisions of paragraph (1) shall not apply if the claimant is convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law. (C) If there are multiple claims to the same property, the United States shall not be liable for costs and attorneys fees associated with any such claim if the United States (i) promptly recognizes such claim; (ii) promptly returns the interest of the claimant in the property to the claimant, if the property can be divided without difficulty and there are no competing claims to that portion of the property; (iii) does not cause the claimant to incur additional, reasonable costs or fees; and (iv) prevails in obtaining forfeiture with respect to one or more of the other claims. (D) If the court enters judgment in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorney fees accordingly. ( June 25, 1948, ch. 646 62 Stat. 975 Pub. L. 106185,  4(a) Apr. 25, 2000 114 Stat. 211  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  818, 827 (R.S.  970, 979). Section consolidates sections 818 and 827 of title 28, U.S.C., 1940 ed., with changes of phraseology necessary to effect the consolidation. The words in any proceeding to condemn or forfeit property were inserted in conformity with the uniform course of judicial decisions. See Hammel v. Little The qualifying language of section 827 of title 28 (See also section 2006 of this title Editorial Notes Amendments 2000 Pub. L. 106185 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106185 Apr. 25, 2000 section 21 of Pub. L. 106185 section 1324 of Title 8  2466. Fugitive disentitlement (a) A judicial officer may disallow a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action upon a finding that such person (1) after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal prosecution (A) purposely leaves the jurisdiction of the United States; (B) declines to enter or reenter the United States to submit to its jurisdiction; or (C) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and (2) is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction. (b) Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies. (Added Pub. L. 106185,  14(a) Apr. 25, 2000 114 Stat. 219 Pub. L. 10756, title III,  322 Oct. 26, 2001 115 Stat. 315 Pub. L. 109162, title XI,  1171(c) Jan. 5, 2006 119 Stat. 3123 Pub. L. 109177, title IV,  406(a)(1) Mar. 9, 2006 120 Stat. 244  Editorial Notes Amendments 2006 Pub. L. 109177 Pub. L. 10756,  322 Pub. L. 109162 Pub. L. 109162 Pub. L. 10756,  322 2001 Pub. L. 10756,  322 Pub. L. 109162 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109162, title XI,  1171(c) Jan. 5, 2006 119 Stat. 3123 section 1171(c) of Pub. L. 109162 Oct. 26, 2001 Effective Date Pub. L. 106185,  14(c) Apr. 25, 2000 114 Stat. 219 The amendments made by this section [enacting this section] shall apply to any case pending on or after the date of the enactment of this Act [ Apr. 25, 2000  2467. Enforcement of foreign judgment (a)  Definitions In this section (1) the term foreign nation means a country that has become a party to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this section as the United Nations Convention) or a foreign jurisdiction with which the United States has a treaty or other formal international agreement in effect providing for mutual forfeiture assistance; and (2) the term forfeiture or confiscation judgment means a final order of a foreign nation compelling a person or entity (A) to pay a sum of money representing the proceeds of an offense described in Article 3, Paragraph 1, of the United Nations Convention, any violation of foreign law that would constitute a violation or an offense for which property could be forfeited under Federal law if the offense were committed in the United States, or any foreign offense described in section 1956(c)(7)(B) of title 18 (B) to forfeit property involved in or traceable to the commission of such offense. (b)  Review by Attorney General. (1)  In general A foreign nation seeking to have a forfeiture or confiscation judgment registered and enforced by a district court of the United States under this section shall first submit a request to the Attorney General or the designee of the Attorney General, which request shall include (A) a summary of the facts of the case and a description of the proceedings that resulted in the forfeiture or confiscation judgment; (B) certified 1 1 (C) an affidavit or sworn declaration establishing that the foreign nation took steps, in accordance with the principles of due process, to give notice of the proceedings to all persons with an interest in the property in sufficient time to enable such persons to defend against the charges and that the judgment rendered is in force and is not subject to appeal; and (D) such additional information and evidence as may be required by the Attorney General or the designee of the Attorney General. (2)  Certification of request The Attorney General or the designee of the Attorney General shall determine whether, in the interest of justice, to certify the request, and such decision shall be final and not subject to either judicial review or review under subchapter II of chapter 5, or chapter 7, of title 5 (commonly known as the Administrative Procedure Act). (c)  Jurisdiction and Venue. (1)  In general If the Attorney General or the designee of the Attorney General certifies a request under subsection (b), the United States may file an application on behalf of a foreign nation in district court of the United States seeking to enforce the foreign forfeiture or confiscation judgment as if the judgment had been entered by a court in the United States. (2)  Proceedings In a proceeding filed under paragraph (1) (A) the United States shall be the applicant and the defendant or another person or entity affected by the forfeiture or confiscation judgment shall be the respondent; (B) venue shall lie in the district court for the District of Columbia or in any other district in which the defendant or the property that may be the basis for satisfaction of a judgment under this section may be found; and (C) the district court shall have personal jurisdiction over a defendant residing outside of the United States if the defendant is served with process in accordance with rule 4 of the Federal Rules of Civil Procedure. (d)  Entry and Enforcement of Judgment. (1)  In general The district court shall enter such orders as may be necessary to enforce the judgment on behalf of the foreign nation unless the court finds that (A) the judgment was rendered under a system that provides tribunals or procedures incompatible with the requirements of due process of law; (B) the foreign court lacked personal jurisdiction over the defendant; (C) the foreign court lacked jurisdiction over the subject matter; (D) the foreign nation did not take steps, in accordance with the principles of due process, to give notice of the proceedings to a person with an interest in the property of the proceedings 2 2 (E) the judgment was obtained by fraud. (2)  Process Process to enforce a judgment under this section shall be in accordance with rule 69(a) of the Federal Rules of Civil Procedure. (3)  Preservation of property. (A)  Restraining orders. (i)  In general To preserve the availability of property subject to civil or criminal forfeiture under foreign law, the Government may apply for, and the court may issue, a restraining order at any time before or after the initiation of forfeiture proceedings by a foreign nation. (ii)  Procedures. (I)  In general A restraining order under this subparagraph shall be issued in a manner consistent with subparagraphs (A), (C), and (E) of paragraph (1) and the procedural due process protections for a restraining order under section 983(j) of title 18 (II)  Application For purposes of applying such section 983(j) (aa) references in such section 983(j) to civil forfeiture or the filing of a complaint shall be deemed to refer to the applicable foreign criminal or forfeiture proceedings; and (bb) the reference in paragraph (1)(B)(i) of such section 983(j) to the United States shall be deemed to refer to the foreign nation. (B)  Evidence The court, in issuing a restraining order under subparagraph (A) (i) may rely on information set forth in an affidavit describing the nature of the proceeding or investigation underway in the foreign country, and setting forth a reasonable basis to believe that the property to be restrained will be named in a judgment of forfeiture at the conclusion of such proceeding; or (ii) may register and enforce a restraining order that has been issued by a court of competent jurisdiction in the foreign country and certified by the Attorney General pursuant to subsection (b)(2). (C)  Limit on grounds for objection No person may object to a restraining order under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a foreign court. (e)  Finality of Foreign Findings In entering orders to enforce the judgment, the court shall be bound by the findings of fact to the extent that they are stated in the foreign forfeiture or confiscation judgment. (f)  Currency Conversion The rate of exchange in effect at the time the suit to enforce is filed by the foreign nation shall be used in calculating the amount stated in any forfeiture or confiscation judgment requiring the payment of a sum of money submitted for registration. (Added Pub. L. 106185,  15(a) Apr. 25, 2000 114 Stat. 219 Pub. L. 10756, title III,  323 Oct. 26, 2001 115 Stat. 315 Pub. L. 111342,  2 Dec. 22, 2010 124 Stat. 3607  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsecs. (c)(2)(C) and (d)(2), are set out in the Appendix to this title. Amendments 2010Subsec. (d)(3)(A). Pub. L. 111342 section 983(j) of title 18 2001Subsec. (a)(2)(A). Pub. L. 10756,  323(4) Subsec. (b)(1)(C). Pub. L. 10756,  323(2) Subsec. (d)(1)(D). Pub. L. 10756,  323(3) Subsec. (d)(3). Pub. L. 10756,  323(1) Statutory Notes and Related Subsidiaries Effective Date Section applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000 section 21 of Pub. L. 106185 section 1324 of Title 8 CHAPTER 165 UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE    Sec.  2501. Time for filing suit.  2502. Aliens privilege to sue.  2503. Proceedings generally.  2504. Plaintiffs testimony.  2505. Trial before judges.  2506. Interest of witness.  2507. Calls and discovery.  2508. Counterclaim or set-off. 1 1  2509. Congressional reference cases.  2510. Referral of cases by Comptroller General.  2511. Accounts of officers, agents or contractors.  2512. Disbursing officers; relief.  2513. Unjust conviction and imprisonment.  2514. Forfeiture of fraudulent claims.  2515. New trial, stay of judgment. 1  2516. Interest on claims and judgments.  2517. Payment of judgments.  [ 2518. Repealed.]  2519. Conclusiveness of judgment.  [ 2520. Repealed.]  2521. Subpoenas and incidental powers.  2522. Notice of appeal.  Editorial Notes Amendments 2000 Pub. L. 106518, title II,  207 Nov. 13, 2000 114 Stat. 2414 1992 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516 1982 Pub. L. 97164, title I,  139(b)(2) l o Apr. 2, 1982 96 Stat. 4244 1978 Pub. L. 95563,  14(h)(2)(B) Nov. 1, 1978 92 Stat. 2390 1954 Act Sept. 3, 1954, ch. 1263 68 Stat. 1243  2501. Time for filing suit  Every claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues. Every claim under section 1497 of this title A petition on the claim of a person under legal disability or beyond the seas at the time the claim accrues may be filed within three years after the disability ceases. A suit for the fees of an officer of the United States shall not be filed until his account for such fees has been finally acted upon, unless the Government Accountability Office fails to act within six months after receiving the account. ( June 25, 1948, ch. 646 62 Stat. 976 Sept. 3, 1954, ch. 1263,  52 68 Stat. 1246 Pub. L. 97164, title I,  139(a) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  250(2), 250a, and 262 ( Mar. 3, 1911, ch. 231 36 Stat. 1136 June 10, 1921, ch. 18,  304 42 Stat. 24 Aug. 30, 1935, ch. 831,  13 49 Stat. 1049 July 13, 1943, ch. 231 57 Stat. 553 Section consolidates limitation provisions of sections 250(2), 250a, and 262 of title 28, U.S.C., 1940 ed. Words a person under legal disability or beyond the seas at the time the claim accrues were substituted for married women first accrued during marriage, of persons under the age of twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued; entitled to the claim,. The revised language will cover all legal disabilities actually barring suit. For example, the particular reference to married women is archaic, and is eliminated by use of the general language substituted. Words nor shall any of the said disabilities operate cumulatively were omitted, in view of the elimination of the reference to specific disabilities. Also, persons under legal disability could not sue, and their suits should not be barred until they become able to sue. Similar sections of the U.S. Code do not contain any such provision. (For example, see section 502 of title 28 section 544 of this title The section was extended to include claims referred by the head of an executive department in conformity with section 2510 of this title Editorial Notes Amendments 2004 Pub. L. 108271 1992 Pub. L. 102572 1982 Pub. L. 97164 1954Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2502. Aliens privilege to sue (a) Citizens or subjects of any foreign government which accords to citizens of the United States the right to prosecute claims against their government in its courts may sue the United States in the United States Court of Federal Claims if the subject matter of the suit is otherwise within such courts jurisdiction. (b) See section 7422(f) of the Internal Revenue Code of 1986 for exception with respect to suits involving internal revenue taxes. ( June 25, 1948, ch. 646 62 Stat. 976 Pub. L. 89713,  3(b) Nov. 2, 1966 80 Stat. 1108 Pub. L. 97164, title I,  139(a) Apr. 2, 1982 96 Stat. 42 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  261 ( Mar. 3, 1911, ch. 231,  155 36 Stat. 1139 Changes were made in phraseology. Editorial Notes  References in Text Section 7422(f) of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 7422(f) of Title 26 Amendments 1992Subsec. (a). Pub. L. 102572 1986Subsec. (b). Pub. L. 99514 1982Subsec. (a). Pub. L. 97164 1966 Pub. L. 89713 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1966 Amendment Amendment by Pub. L. 89713 Nov. 2, 1966 section 3(d) of Pub. L. 89713 section 7422 of Title 26  2503. Proceedings generally (a) Parties to any suit in the United States Court of Federal Claims may appear before a judge of that court in person or by attorney, produce evidence, and examine witnesses. (b) The proceedings of the Court of Federal Claims shall be in accordance with such rules of practice and procedure (other than the rules of evidence) as the Court of Federal Claims may prescribe and in accordance with the Federal Rules of Evidence. (c) The judges of the Court of Federal Claims shall fix times for trials, administer oaths or affirmations, examine witnesses, receive evidence, and enter dispositive judgments. Hearings shall, if convenient, be held in the counties where the witnesses reside. (d) For the purpose of construing sections 1821, 1915, 1920, and 1927 of this title, the United States Court of Federal Claims shall be deemed to be a court of the United States. ( June 25, 1948, ch. 646 62 Stat. 976 Sept. 3, 1954, ch. 1263,  53 68 Stat. 1246 Pub. L. 97164, title I,  139(b)(1) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  269, 276, and 278 ( Mar. 3, 1911, ch. 231 36 Stat. 1140 Feb. 24, 1925, ch. 301,  1 43 Stat. 964 June 23, 1930, ch. 573,  2 46 Stat. 799 Section consolidates provisions relating to proceedings before commissioners and reporter-commissioners contained in sections 269, 276, and 278 of title 28, U.S.C., 1940 ed. Provisions of section 269 of title 28 section 792 of this title Words including reporter-commissioners after commissioners were inserted to clarify meaning and conform to Rule 54(a) of the Court of Claims authorizing oaths before reporter-commissioners. Changes were made in phraseology. Senate Revision Amendment The Senate amended this section by inserting and when directed by the court his recommendations for conclusions of law following commissioner in the second paragraph. This amendment authorizes the Court to direct its commissioners to report recommendations for conclusions of law as well as findings of fact in cases assigned to them. 80th Congress Senate Report No. 1559, Amendment No. 50. Editorial Notes  References in Text The Federal Rules of Evidence, referred to in subsec. (b), are set out in the Appendix to this title. Amendments 1992Subsec. (a). Pub. L. 102572,  902(a)(1) Subsecs. (b), (c). Pub. L. 102572,  902(a)(2) Subsec. (d). Pub. L. 102572,  909 1982 Pub. L. 97164 Subsec. (a). Pub. L. 97164 Subsec. (b). Pub. L. 97164 Subsec. (c). Pub. L. 97164 1954Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2504. Plaintiffs testimony  The United States Court of Federal Claims may, at the instance of the Attorney General, order any plaintiff to appear, upon reasonable notice, before any judge of the court and be examined on oath as to all matters pertaining to his claim. Such examination shall be reduced to writing by the judge, and shall be returned to and filed in the court, and may, at the discretion of the attorneys for the United States, be read and used as evidence on the trial. If any plaintiff, after such order is made and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all material matters within his knowledge, the court may order that the case shall not be tried until he fully complies with such order. ( June 25, 1948, ch. 646 62 Stat. 976 Pub. L. 97164, title I,  139(c) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  274 ( Mar. 3, 1911, ch. 231,  166 36 Stat. 1140 Words Attorney General were substituted for attorney or solicitor appearing in behalf of the United States, in view of section 309 of title 5 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2505. Trial before judges  Any judge of the United States Court of Federal Claims may sit at any place within the United States to take evidence and enter judgment. ( June 25, 1948, ch. 646 62 Stat. 976 Sept. 3, 1954, ch. 1263,  54(a) 68 Stat. 1246 Pub. L. 97164, title I,  139(d) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  275 and 275a ( Mar. 3, 1911, ch. 231,  167 36 Stat. 1140 Feb. 24, 1925, ch. 301,  2 43 Stat. 965 June 23, 1930, ch. 573,  1 46 Stat. 799 Oct. 16, 1941, ch. 443 55 Stat. 741 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1954Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2506. Interest of witness  A witness in a suit in the United States Court of Federal Claims shall not be exempt or disqualified because he is a party to or interested in such suit. ( June 25, 1948, ch. 646 62 Stat. 977 Pub. L. 97164, title I,  139(e) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  274 ( Mar. 3, 1911, ch. 231,  186 36 Stat. 1143 Feb. 5, 1912, ch. 28 37 Stat. 61 A provision that a witness should not be disqualified by color was omitted as obsolete and unnecessary, since no such disqualification could be invoked in absence of statutory authority. A provision that the United States could examine any plaintiff or party interested is covered by the word exempt in the revised section, and by section 2504 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2507. Calls and discovery (a) The United States Court of Federal Claims may call upon any department or agency of the United States or upon any party for any information or papers, not privileged, for purposes of discovery or for use as evidence. The head of any department or agency may refuse to comply with a call issued pursuant to this subsection when, in his opinion, compliance will be injurious to the public interest. (b) Without limitation on account of anything contained in subsection (a) of this section, the court may, in accordance with its rules, provide additional means for the discovery of any relevant facts, books, papers, documents or tangible things, not privileged. (c) The Court of Federal Claims may use all recorded and printed reports made by the committees of the Senate or House of Representatives. ( June 25, 1948, ch. 646 62 Stat. 977 Sept. 3, 1954, ch. 1263,  55(a) 68 Stat. 1247 Pub. L. 97164, title I,  139(f) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  272 ( Mar. 3, 1911, ch. 231,  164 36 Stat. 1140 Words or agency were added. (See revisers note under section 1345 of this title Changes were made in phraseology. Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572,  902(a)(1) Subsec. (c). Pub. L. 102572,  902(a)(2) 1982Subsec. (a). Pub. L. 97164,  139(f)(1) Subsec. (c). Pub. L. 97164,  139(f)(2) 1954Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2508. Counterclaim or set-off; registration of judgment  Upon the trial of any suit in the United States Court of Federal Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said court, the court shall hear and determine such claim or demand both for and against the United States and plaintiff. If upon the whole case it finds that the plaintiff is indebted to the United States it shall render judgment to that effect, and such judgment shall be final and reviewable. The transcript of such judgment, filed in the clerks office of any district court, shall be entered upon the records and shall be enforceable as other judgments. ( June 25, 1948, ch. 646 62 Stat. 977 July 28, 1953, ch. 253,  10 67 Stat. 227 Sept. 3, 1954, ch. 1263,  47(a) 68 Stat. 1243 Pub. L. 97164, title I,  139(g) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  252 ( Mar. 3, 1911, ch. 231,  146 36 Stat. 1137 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1954Act Sept. 3, 1954 1953Act July 28, 1953 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2509. Congressional reference cases (a) Whenever a bill, except a bill for a pension, is referred by either House of Congress to the chief judge of the United States Court of Federal Claims pursuant to section 1492 of this title (b) Proceedings in a congressional reference case shall be under rules and regulations prescribed for the purpose by the chief judge who is hereby authorized and directed to require the application of the pertinent rules of practice of the Court of Federal Claims insofar as feasible. Each hearing officer and each review panel shall have authority to do and perform any acts which may be necessary or proper for the efficient performance of their duties, including the power of subpena and the power to administer oaths and affirmations. None of the rules, rulings, findings, or conclusions authorized by this section shall be subject to judicial review. (c) The hearing officer to whom a congressional reference case is assigned by the chief judge shall proceed in accordance with the applicable rules to determine the facts, including facts relating to delay or laches, facts bearing upon the question whether the bar of any statute of limitation should be removed, or facts claimed to excuse the claimant for not having resorted to any established legal remedy. He shall append to his findings of fact conclusions sufficient to inform Congress whether the demand is a legal or equitable claim or a gratuity, and the amount, if any, legally or equitably due from the United States to the claimant. (d) The findings and conclusions of the hearing officer shall be submitted by him, together with the record in the case, to the review panel for review by it pursuant to such rules as may be provided for the purpose, which shall include provision for submitting the report of the hearing officer to the parties for consideration, exception, and argument before the panel. The panel, by majority vote, shall adopt or modify the findings or the conclusions of the hearing officer. (e) The panel shall submit its report to the chief judge for transmission to the appropriate House of Congress. (f) Any act or failure to act or other conduct by a party, a witness, or an attorney which would call for the imposition of sanctions under the rules of practice of the Court of Federal Claims shall be noted by the panel or the hearing officer at the time of occurrence thereof and upon failure of the delinquent or offending party, witness, or attorney to make prompt compliance with the order of the panel or the hearing officer a full statement of the circumstances shall be incorporated in the report of the panel. (g) The Court of Federal Claims is hereby authorized and directed, under such regulations as it may prescribe, to provide the facilities and services of the office of the clerk of the court for the filing, processing, hearing, and dispatch of congressional reference cases and to include within its annual appropriations the costs thereof and other costs of administration, including (but without limitation to the items herein listed) the salaries and traveling expenses of the judges serving as hearing officers and panel members, mailing and service of process, necessary physical facilities, equipment, and supplies, and personnel (including secretaries and law clerks). ( June 25, 1948, ch. 646 62 Stat. 977 Pub. L. 89681,  2 Oct. 15, 1966 80 Stat. 958 Pub. L. 97164, title I,  139(h) Apr. 2, 1982 96 Stat. 42 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  257 ( Mar. 3, 1911, ch. 231,  151 36 Stat. 1138 Jurisdiction provisions of section 257 of title 28 section 1492 of this title A provision as to the courts power to render judgment on a referred claim and its duty to report thereon to Congress, was omitted from this section as covered by sections 791(c) and 1492 of this title. Changes were made in phraseology. Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572,  902(a)(1) Subsecs. (b), (f), (g). Pub. L. 102572,  902(a)(2) 1982Subsec. (a). Pub. L. 97164,  139(h)(1) Subsec. (b). Pub. L. 97164,  139(h)(2)(A) Subsec. (c). Pub. L. 97164,  139(h)(2)(A) Subsec. (d). Pub. L. 97164,  139(h)(2)(A) Subsec. (e). Pub. L. 97164,  139(h)(2)(B) Subsec. (f). Pub. L. 97164,  139(h)(2)(A) Subsec. (g). Pub. L. 97164,  139(h)(2)(C) 1966 Pub. L. 89681 section 1492 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2510. Referral of cases by Comptroller General (a) The Comptroller General may transmit to the United States Court of Federal Claims for trial and adjudication any claim or matter of which the Court of Federal Claims might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. (b) The Court of Federal Claims shall proceed with the claims or matters so referred as in other cases pending in such Court and shall render judgment thereon. ( June 25, 1948, ch. 646 62 Stat. 977 July 28, 1953, ch. 253,  11 67 Stat. 227 Sept. 3, 1954, ch. 1263,  47(b) 68 Stat. 1243 Pub. L. 95563,  14(h)(1) Nov. 1, 1978 92 Stat. 2390 Pub. L. 97164, title I,  139(i)(1) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  254 and 255 ( Mar. 3, 1911, ch. 231 36 Stat. 1137 June 10, 1921, ch. 18,  304 42 Stat. 24 Section consolidates procedural provisions of sections 254 and 255 of title 28, U.S.C., 1940 ed., relating to departmental reference cases. Jurisdiction provisions of such section 254 appear in section 1493 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Subsec. (a). Pub. L. 97164 Subsec. (b). Pub. L. 97164 section 1491 of this title 1978 Pub. L. 95563 1954Act Sept. 3, 1954 1953Act July 28, 1953 section 1493 of this title Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95563 Nov. 1, 1978 section 16 of Pub. L. 95563 Nov. 1, 1978 92 Stat. 2391  2511. Accounts of officers, agents or contractors  Notice of suit under section 1494 of this title The judgment of the United States Court of Federal Claims in such suit shall be conclusive upon the parties, and payment of the amount found due shall discharge the obligation. The transcript of such judgment, filed in the clerks office of any district court, shall be entered upon the records, and shall be enforceable as other judgments. ( June 25, 1948, ch. 646 62 Stat. 977 July 28, 1953, ch. 253,  12 67 Stat. 227 Pub. L. 97164, title I,  139(j) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  287 ( Mar. 3, 1911, ch. 231,  180 36 Stat. 1141 Feb. 13, 1925, ch. 229,  3 43 Stat. 939 Words The Attorney General shall represent the United States at the hearing of said cause were omitted as covered by sections 309 and 310 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees. Jurisdiction provisions of section 287 of title 28 section 1494 of this title A provision for continuances was omitted as unnecessary, in view of the inherent power of the court to grant continuances in any suit. A provision in section 287 of title 28 section 274 of title 28 section 2504 of this title Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 1953Act July 28, 1953 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2512. Disbursing officers; relief  Whenever the United States Court of Federal Claims finds that any loss by a disbursing officer of the United States was without his fault or negligence, it shall render a judgment setting forth the amount thereof, and the Government Accountability Office shall allow the officer such amount as a credit in the settlement of his accounts. ( June 25, 1948, ch. 646 62 Stat. 978 Pub. L. 97164, title I,  139(j)(2) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  253 ( Mar. 3, 1911, ch. 231,  147 36 Stat. 1137 June 10, 1921, ch. 18,  304 42 Stat. 24 Words paymaster, quartermaster, commissary of subsistence, or other were omitted as covered by words disbursing officer of the United States. (See revisers note under section 1496 of this title Changes were made in phraseology. Editorial Notes Amendments 2004 Pub. L. 108271 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2513. Unjust conviction and imprisonment (a) Any person suing under section 1495 of this title (1) His conviction has been reversed or set aside on the ground that he is not guilty of the offense of which he was convicted, or on new trial or rehearing he was found not guilty of such offense, as appears from the record or certificate of the court setting aside or reversing such conviction, or that he has been pardoned upon the stated ground of innocence and unjust conviction and (2) He did not commit any of the acts charged or his acts, deeds, or omissions in connection with such charge constituted no offense against the United States, or any State, Territory or the District of Columbia, and he did not by misconduct or neglect cause or bring about his own prosecution. (b) Proof of the requisite facts shall be by a certificate of the court or pardon wherein such facts are alleged to appear, and other evidence thereof shall not be received. (c) No pardon or certified copy of a pardon shall be considered by the United States Court of Federal Claims unless it contains recitals that the pardon was granted after applicant had exhausted all recourse to the courts and that the time for any court to exercise its jurisdiction had expired. (d) The Court may permit the plaintiff to prosecute such action in forma pauperis. (e) The amount of damages awarded shall not exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff. ( June 25, 1948, ch. 646 62 Stat. 978 Sept. 3, 1954, ch. 1263,  56 68 Stat. 1247 Pub. L. 97164, title I,  139(j)(2) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 108405, title IV,  431 Oct. 30, 2004 118 Stat. 2293  Historical and Revision Notes Based on sections 729732 of title 18, U.S.C., 1940 ed., Crimes and Criminal Procedure ( May 24, 1938, ch. 266 52 Stat. 438 Sections 729732 of title 18, U.S.C., 1940 ed., were consolidated and completely rewritten in order to clarify ambiguities which made the statute unworkable as enacted originally. Jurisdictional provisions of section 729 of title 18 section 1495 of this title Changes were made in phraseology. Editorial Notes Amendments 2004Subsec. (e). Pub. L. 108405 1992Subsec. (c). Pub. L. 102572 1982Subsec. (c). Pub. L. 97164 1954Subsec. (c). Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2514. Forfeiture of fraudulent claims  A claim against the United States shall be forfeited to the United States by any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance thereof. In such cases the United States Court of Federal Claims shall specifically find such fraud or attempt and render judgment of forfeiture. ( June 25, 1948, ch. 646 62 Stat. 978 Pub. L. 97164, title I,  139(j)(2) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  279 and 280 ( Mar. 3, 1911, ch. 231 36 Stat. 1141 A provision of section 279 of title 28 section 2518 of this title A provision of section 280 of title 28 June 16, 1874 18 Stat. 75 A provision of section 280 of title 28 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2515. New trial; stay of judgment (a) The United States Court of Federal Claims may grant a plaintiff a new trial on any ground established by rules of common law or equity applicable as between private parties. (b) Such court, at any time while any suit is pending before it, or after proceedings for review have been instituted, or within two years after the final disposition of the suit, may grant the United States a new trial and stay the payment of any judgment upon satisfactory evidence, cumulative or otherwise, that any fraud, wrong, or injustice has been done the United States. ( June 25, 1948, ch. 646 62 Stat. 978 Pub. L. 97164, title I,  139(j)(2) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  281 and 282 ( Mar. 3, 1911, ch. 231 36 Stat. 1141 Words but until an order is made staying the payment of a judgment, the same shall be payable and paid as on March 3, 1911 section 282 of title 28 Changes were made in phraseology. Editorial Notes Amendments 1992Subsec. (a). Pub. L. 102572 1982Subsec. (a). Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2516. Interest on claims and judgments (a) Interest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal Claims only under a contract or Act of Congress expressly providing for payment thereof. (b) Interest on a judgment against the United States affirmed by the Supreme Court after review on petition of the United States is paid at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment. ( June 25, 1948, ch. 646 62 Stat. 978 Sept. 3, 1954, ch. 1263,  57 68 Stat. 1248 Pub. L. 97164, title I,  139(j)(2) Apr. 2, 1982 96 Stat. 43 Pub. L. 97258,  2(g)(5) Sept. 13, 1982 96 Stat. 1061 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 106554,  1(a)(7) [title III,  307(d)(2)] Dec. 21, 2000 114 Stat. 2763  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  284 and section 226 of title 31 Sept. 30, 1890, ch. 1126,  1 26 Stat. 537 Mar. 3, 1911, ch. 231,  177 36 Stat. 1141 Nov. 23, 1921, ch. 136,  1324(b) 42 Stat. 316 June 2, 1924, ch. 234,  1020 43 Stat. 346 Feb. 13, 1925, ch. 229,  3(c) 43 Stat. 939 Feb. 26, 1926, ch. 27 44 Stat. 119 May 29, 1928, ch. 852,  615(a) 45 Stat. 877 June 22, 1936, ch. 690,  808 49 Stat. 1746 Subdivision (b) of section 284 of title 28 section 3771 of title 26 Subsection (b) of this section is based on the last sentence of section 226 of title 31 Changes were made in phraseology.      1982 Act  Revised Section Source (U.S. Code) Source (Statutes at Large)  28:2516(b) 28:2516(b)(1st sentence words before from the date). Section 2(g)(5) of the bill restates 28:2516(b) because the provisions in 28:2516(b) on the periods for computing interest were superseded by the source provisions restated in section 1304 of the revised title 31. Editorial Notes Amendments 2000Subsec. (b). Pub. L. 106554 1992Subsec. (a). Pub. L. 102572 1982Subsec. (a). Pub. L. 97164,  139(j)(2) Subsec. (b). Pub. L. 97258 Pub. L. 97164,  302(d) Oct. 1, 1982 section 1304(b) of Title 31 Pub. L. 97164 Oct. 1, 1982 1954Subsec. (b). Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Pub. L. 97258,  2(g)(5) Sept. 13, 1982 96 Stat. 1061 Oct. 1, 1982 Repeals Pub. L. 97164, title III,  302(d) Apr. 2, 1982 96 Stat. 56 Pub. L. 97258,  2(m)(3) Sept. 13, 1982 96 Stat. 1062 Oct. 1, 1982  2517. Payment of judgments (a) Except as provided by chapter 71 of title 41, every final judgment rendered by the United States Court of Federal Claims against the United States shall be paid out of any general appropriation therefor, on presentation to the Secretary of the Treasury of a certification of the judgment by the clerk and chief judge of the court. (b) Payment of any such judgment and of interest thereon shall be a full discharge to the United States of all claims and demands arising out of the matters involved in the case or controversy, unless the judgment is designated a partial judgment, in which event only the matters described therein shall be discharged. ( June 25, 1948, ch. 646 62 Stat. 979 Pub. L. 95563,  14(e) Nov. 1, 1978 92 Stat. 2390 Pub. L. 97164, title I,  139(k) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 104316, title II,  202 l Oct. 19, 1996 110 Stat. 3843 Pub. L. 111350,  5(g)(11) Jan. 4, 2011 124 Stat. 3848  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  285, and sections 225, 228, of title 31, U.S.C., 1940 ed., Money and Finance, (R.S.  236, 1089; Feb. 18, 1904, ch. 160,  1 33 Stat. 41 Mar. 3, 1911, ch. 231,  178 36 Stat. 1141 June 10, 1921, ch. 18 42 Stat. 24 Feb. 13, 1925, ch. 229,  3(c) 43 Stat. 939 Section consolidates section 285 of title 28 Words chief judge were substituted for the chief justice, or, in his absence, by the presiding judge of said court in section 225 of title 31 Words or, on review, by the Supreme Court, where the same are affirmed in favor of the claimant in section 225 of title 31 Provisions of section 228 of title 31 section 2414 of this title Changes were made in phraseology. Editorial Notes Amendments 2011Subsec. (a). Pub. L. 111350 1996Subsec. (a). Pub. L. 104316 1992Subsec. (a). Pub. L. 102572 1982Subsec. (a). Pub. L. 97164,  139(k)(1) Subsec. (b). Pub. L. 97164,  139(k)(2) Pub. L. 95563 1978Subsec. (a). Pub. L. 95563,  14(e) Subsec. (b). Pub. L. 95563,  14(f) Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95563 Nov. 1, 1978 section 16 of Pub. L. 95563 Nov. 1, 1978 92 Stat. 2391 [ 2518. Repealed. Pub. L. 97164, title I,  139(l) Apr. 2, 1982 96 Stat. 43   Section, act June 25, 1948, ch. 646 62 Stat. 979 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2519. Conclusiveness of judgment  A final judgment of the United States Court of Federal Claims against any plaintiff shall forever bar any further claim, suit, or demand against the United States arising out of the matters involved in the case or controversy. ( June 25, 1948, ch. 646 62 Stat. 979 Pub. L. 97164, title I,  139(m) Apr. 2, 1982 96 Stat. 43 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  286 ( Mar. 3, 1911, ch. 231,  179 36 Stat. 1141 Changes were made in phraseology. Editorial Notes Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title [ 2520. Repealed. Pub. L. 106518, title II,  207 Nov. 13, 2000 114 Stat. 2414   Section, acts June 25, 1948, ch. 646 62 Stat. 979 Sept. 3, 1954, ch. 1263,  58 68 Stat. 1248 Pub. L. 89507,  2 July 18, 1966 80 Stat. 308 Pub. L. 97164, title I,  139(n)(1) Apr. 2, 1982 96 Stat. 43 Pub. L. 100702, title X,  1012(a)(1) Nov. 19, 1988 102 Stat. 4668 Pub. L. 102572, title IX,  902(a)(1) Oct. 29, 1992 106 Stat. 4516  2521. Subpoenas and incidental powers (a) Subpoenas requiring the attendance of parties or witnesses and subpoenas requiring the production of books, papers, documents or tangible things by any party or witness having custody or control thereof, may be issued for purposes of discovery or for use of the things produced as evidence in accordance with the rules and orders of the court. Such subpoenas shall be issued and served and compliance therewith shall be compelled as provided in the rules and orders of the court. (b) The United States Court of Federal Claims shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority as (1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) misbehavior of any of its officers in their official transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. (c) The United States Court of Federal Claims shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for any district in which the Court of Federal Claims is sitting shall, when requested by the chief judge of the Court of Federal Claims, attend any session of the Court of Federal Claims in such district. (Added Sept. 3, 1954, ch. 1263,  59(a) 68 Stat. 1248 Pub. L. 102572, title IX,  910(a) Oct. 29, 1992 106 Stat. 4519  Editorial Notes Amendments 1992 Pub. L. 102572 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title  2522. Notice of appeal  Review of a decision of the United States Court of Federal Claims shall be obtained by filing a notice of appeal with the clerk of the Court of Federal Claims within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts. (Added Pub. L. 97164, title I,  139(q)(1) Apr. 2, 1982 96 Stat. 44 Pub. L. 102572, title IX,  902(a) Oct. 29, 1992 106 Stat. 4516  Editorial Notes Amendments 1992 Pub. L. 102572 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of this title Effective Date Section effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title [CHAPTER 167 REPEALED] [ 2601 to 2604. Repealed. Pub. L. 97164, title I,  140 Apr. 2, 1982 96 Stat. 44   Section 2601, acts June 25, 1948, ch. 646 62 Stat. 979 June 2, 1970 Pub. L. 91271, title I,  103 84 Stat. 275 Oct. 10, 1980 Pub. L. 96417, title IV,  403(a) 94 Stat. 17401742 section 1295(a)(5) of this title  Section 2602, acts June 25, 1948, ch. 646 62 Stat. 980 Oct. 14, 1966 Pub. L. 89651,  8(c)(3) 80 Stat. 902 June 2, 1970 Pub. L. 91271, title I,  104 84 Stat. 276 Oct. 10, 1980 Pub. L. 96417, title IV,  403(e)(1) 94 Stat. 1741 section 1296 of this title  Section 2603, added Pub. L. 96417, title IV,  404(a) Oct. 10, 1980 94 Stat. 1741  Section 2604, added Pub. L. 96417, title IV,  405(a) Oct. 10, 1980 94 Stat. 1741 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title CHAPTER 169 COURT OF INTERNATIONAL TRADE PROCEDURE    Sec.  2631. Persons entitled to commence a civil action.  2632. Commencement of a civil action.  2633. Procedure and fees.  2634. Notice.  2635. Filing of official documents.  2636. Time for commencement of action.  2637. Exhaustion of administrative remedies.  2638. New grounds in support of a civil action.  2639. Burden of proof; evidence of value.  2640. Scope and standard of review.  2641. Witnesses; inspection of documents.  2642. Analysis of imported merchandise.  2643. Relief.  2644. Interest.  2645. Decisions.  2646. Retrial or rehearing.  [ 2647. Repealed.]  Editorial Notes Amendments 1984 Pub. L. 98620 Nov. 8, 1984 98 Stat. 3359 1980 Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1730 1979 Pub. L. 9639, title X,  1001(b)(4)(F) July 26, 1979 93 Stat. 306 1970 Pub. L. 91271, title I,  123(e) June 2, 1970 84 Stat. 282 1949 Act May 24, 1949, ch. 139,  121 63 Stat. 106  2631. Persons entitled to commence a civil action (a) A civil action contesting the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person who filed the protest pursuant to section 514 of such Act, or by a surety on the transaction which is the subject of the protest. (b) A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person who filed such petition. (c) A civil action contesting a determination listed in section 516A of the Tariff Act of 1930 may be commenced in the Court of International Trade by any interested party who was a party to the proceeding in connection with which the matter arose. (d) (1) A civil action to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act may be commenced in the Court of International Trade by a worker, group of workers, certified or recognized union, or authorized representative of such worker or group that applies for assistance under such Act and is aggrieved by such final determination. (2) A civil action to review any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act may be commenced in the Court of International Trade by a firm or its representative that applies for assistance under such Act and is aggrieved by such final determination, or by any other interested domestic party that is aggrieved by such final determination. (3) A civil action to review any final determination of the Secretary of Commerce under section 271 of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act may be commenced in the Court of International Trade by a community that applies for assistance under such Act and is aggrieved by such final determination, or by any other interested domestic party that is aggrieved by such final determination. (e) A civil action to review a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979 may be commenced in the Court of International Trade by any person who was a party-at-interest with respect to such determination. (f) A civil action involving an application for the issuance of an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930 may be commenced in the Court of International Trade by any interested party whose application for disclosure of such confidential information was denied under section 777(c)(1) of such Act. (g) (1) A civil action to review any decision of the Secretary of the Treasury to deny a customs brokers license under section 641(b)(2) or (3) of the Tariff Act of 1930, or to deny a customs brokers permit under section 641(c)(1) of such Act, or to revoke such license or permit under section 641(b)(5) or (c)(2) of such Act, may be commenced in the Court of International Trade by the person whose license or permit was denied or revoked. (2) A civil action to review any decision of the Secretary of the Treasury to revoke or suspend a customs brokers license or permit or impose a monetary penalty in lieu thereof under section 641(d)(2)(B) of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person against whom the decision was issued. (3) A civil action to review any decision or order of the Customs Service to deny, suspend, or revoke accreditation of a private laboratory under section 499(b) of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person whose accreditation was denied, suspended, or revoked. (h) A civil action described in section 1581(h) of this title section 1581(a) of this title (i) Any civil action of which the Court of International Trade has jurisdiction, other than an action specified in subsections (a)(h) of this section, may be commenced in the court by any person adversely affected or aggrieved by agency action within the meaning of section 702 of title 5 (j) (1) Any person who would be adversely affected or aggrieved by a decision in a civil action pending in the Court of International Trade may, by leave of court, intervene in such action, except that (A) no person may intervene in a civil action under section 515 or 516 of the Tariff Act of 1930; (B) in a civil action under section 516A of the Tariff Act of 1930, only an interested party who was a party to the proceeding in connection with which the matter arose may intervene, and such person may intervene as a matter of right; and (C) in a civil action under section 777(c)(2) of the Tariff Act of 1930, only a person who was a party to the investigation may intervene, and such person may intervene as a matter of right. (2) In those civil actions in which intervention is by leave of court, the Court of International Trade shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. (k) In this section (1) interested party has the meaning given such term in section 771(9) of the Tariff Act of 1930; and (2) party-at-interest means (A) a foreign manufacturer, producer, or exporter, or a United States importer, of merchandise which is the subject of a final determination under section 305(b)(1) of the Trade Agreements Act of 1979; (B) a manufacturer, producer, or wholesaler in the United States of a like product; (C) United States members of a labor organization or other association of workers whose members are employed in the manufacture, production, or wholesale in the United States of a like product; (D) a trade or business association a majority of whose members manufacture, produce, or wholesale a like product in the United States, 1 1 (E) an association composed of members who represent parties-at-interest described in subparagraph (B), (C), or (D). (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1730 Pub. L. 98573, title II,  212(b)(3) Oct. 30, 1984 98 Stat. 2983 Pub. L. 103182, title VI,  684(a)(2) Dec. 8, 1993 107 Stat. 2219  Editorial Notes  References in Text Section 515 of the Tariff Act of 1930, referred to in subsecs. (a), (h), (j)(1)(A), is classified to section 1515 of Title 19 Section 514 of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1514 of Title 19 Section 516 of the Tariff Act of 1930, referred to in subsecs. (b), (j)(1)(A), is classified to section 1516 of Title 19 Section 516A of the Tariff Act of 1930, referred to in subsecs. (c), (j)(1)(B), is classified to section 1516a of Title 19 The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is Pub. L. 93618 Jan. 3, 1975 88 Stat. 1978 Section 2371 of Title 19 Sept. 30, 1982 section 2101 of Title 19 Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsecs. (e), (k)(2)(A), is classified to section 2515(b)(1) of Title 19 Section 777 of the Tariff Act of 1930, referred to in subsecs. (f), (j)(1)(C), is classified to section 1677f of Title 19 Section 641 of the Tariff Act of 1930, referred to in subsec. (g), is classified to section 1641 of Title 19 Section 499(b) of the Tariff Act of 1930, referred to in subsec. (g)(3), is classified to section 1499(b) of Title 19 Section 771(9) of the Tariff Act of 1930, referred to in subsec. (k)(1), is classified to section 1677(9) of Title 19 Prior Provisions A prior section 2631, acts June 25, 1948, ch. 646 62 Stat. 980 May 24, 1949, ch. 139,  122 63 Stat. 106 June 2, 1970 Pub. L. 91271, title I,  112 84 Stat. 278 Jan. 3, 1975 Pub. L. 93618, title III,  321(f)(2) 88 Stat. 2048 Pub. L. 96417 section 2636 of this title Amendments 1993Subsec. (g)(3). Pub. L. 103182 1984Subsec. (g). Pub. L. 98573,  212(b)(3) (1) A civil action to review any decision of the Secretary of the Treasury to deny or revoke a customhouse brokers license under section 641(a) of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person whose license was denied or revoked. (2) A civil action to review any order of the Secretary of the Treasury to revoke or suspend a customhouse brokers license under section 641(b) of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person whose license was revoked or suspended. Subsec. (k)(2)(E). Pub. L. 98573,  612(b)(3) Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 212(b)(3) of Pub. L. 98573 Oct. 30, 1984 section 214(d) of Pub. L. 98573 section 1304 of Title 19 Amendment by section 612(b)(3) of Pub. L. 98573 19 U.S.C. 1671 19 U.S.C. 1675 Oct. 30, 1984 section 626(b)(1) of Pub. L. 98573 section 1671 of Title 19 Effective Date Chapter effective Nov. 1, 1980 section 701(a) of Pub. L. 96417 section 251 of this title Subsecs. (d) and (g) to (j) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 Application of 1993 Amendment For purposes of applying amendment by Pub. L. 103182 Dec. 8, 1993 19 U.S.C. 1499(b) section 684(b) of Pub. L. 103182 section 1581 of this title  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6  2632. Commencement of a civil action (a) Except for civil actions specified in subsections (b) and (c) of this section, a civil action in the Court of International Trade shall be commenced by filing concurrently with the clerk of the court a summons and complaint, with the content and in the form, manner, and style prescribed by the rules of the court. (b) A civil action in the Court of International Trade under section 515 or section 516 of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons, with the content and in the form, manner, and style prescribed by the rules of the court. (c) A civil action in the Court of International Trade under section 516A of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons or a summons and a complaint, as prescribed in such section, with the content and in the form, manner, and style prescribed by the rules of the court. (d) The Court of International Trade may prescribe by rule that any summons, pleading, or other paper mailed by registered or certified mail properly addressed to the clerk of the court with the proper postage affixed and return receipt requested shall be deemed filed as of the date of mailing. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1732  Editorial Notes  References in Text Sections 515 and 516 of the Tariff Act of 1930, referred to in subsec. (b), are classified to sections 1515 and 1516, respectively, of Title 19, Customs Duties. Section 516A of the Tariff Act of 1930, referred to in subsec. (c), is classified to section 1516a of Title 19 Prior Provisions A prior section 2632, acts June 25, 1948, ch. 646 62 Stat. 980 June 2, 1970 Pub. L. 91271, title I,  113 84 Stat. 279 Jan. 3, 1975 Pub. L. 93618, title III,  321(f)(3) 88 Stat. 2048 July 26, 1979 Pub. L. 9639, title X,  1001(b)(4)(C) 93 Stat. 306 Pub. L. 96417 section 2633 of this title Statutory Notes and Related Subsidiaries Effective Date Subsec. (a) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 section 251 of this title  2633. Procedure and fees (a) A filing fee shall be payable to the clerk of the Court of International Trade upon the commencement of a civil action in such court. The amount of the fee shall be prescribed by the rules of the court, but shall be not less than $5 nor more than the filing fee for commencing a civil action in a district court of the United States. The court may fix all other fees to be charged by the clerk of the court. (b) The Court of International Trade shall prescribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, suspensions of cases, and for other procedural matters. (c) All summons, pleadings, and other papers filed in the Court of International Trade shall be served on all parties in accordance with rules prescribed by the court. When the United States, its agencies, or its officers are adverse parties, service of the summons shall be made upon the Attorney General and the head of the Government agency whose action is being contested. When injunctive relief is sought, the summons, pleadings, and other papers shall also be served upon the named officials sought to be enjoined. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1732  Editorial Notes Prior Provisions A prior section 2633, acts June 25, 1948, ch. 646 62 Stat. 980 June 2, 1970 Pub. L. 91271, title I,  114 84 Stat. 279 July 26, 1979 Pub. L. 9639, title X,  1001(b)(4)(D) 93 Stat. 306 Pub. L. 96417 section 2647 of this title  2634. Notice  Reasonable notice of the time and place of trial or hearing before the Court of International Trade shall be given to all parties to any civil action, as prescribed by the rules of the court. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1733  Editorial Notes Prior Provisions A prior section 2634, acts June 25, 1948, ch. 646 62 Stat. 981 June 2, 1970 Pub. L. 91271, title I,  115 84 Stat. 280 Pub. L. 96417 section 2634 of this title  2635. Filing of official documents (a) In any action commenced in the Court of International Trade contesting the denial of a protest under section 515 of the Tariff Act of 1930 or the denial of a petition under section 516 of such Act, the Customs Service, as prescribed by the rules of the court, shall file with the clerk of the court, as part of the official record, any document, paper, information or data relating to the entry of merchandise and the administrative determination that is the subject of the protest or petition. (b) (1) In any civil action commenced in the Court of International Trade under section 516A of the Tariff Act of 1930, within forty days or within such other period of time as the court may specify, after the date of service of a complaint on the administering authority established to administer title VII of the Tariff Act of 1930 or the United States International Trade Commission, the administering authority or the Commission shall transmit to the clerk of the court the record of such action, as prescribed by the rules of the court. The record shall, unless otherwise stipulated by the parties, consist of (A) a copy of all information presented to or obtained by the administering authority or the Commission during the course of the administrative proceedings, including all governmental memoranda pertaining to the case and the record of ex parte meetings required to be maintained by section 777(a)(3) of the Tariff Act of 1930; and (B) (i) a copy of the determination and the facts and conclusions of law upon which such determination was based, (ii) all transcripts or records of conferences or hearings, and (iii) all notices published in the Federal Register. (2) The administering authority or the Commission shall identify and transmit under seal to the clerk of the court any document, comment, or information that is accorded confidential or privileged status by the Government agency whose action is being contested and that is required to be transmitted to the clerk under paragraph (1) of this subsection. Any such document, comment, or information shall be accompanied by a nonconfidential description of the nature of the material being transmitted. The confidential or privileged status of such material shall be preserved in the civil action, but the court may examine the confidential or privileged material in camera and may make such material available under such terms and conditions as the court may order. (c) Within fifteen days, or within such other period of time as the Court of International Trade may specify, after service of a summons and complaint in a civil action involving an application for an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930, the administering authority or the Commission shall transmit under seal to the clerk of the Court of International Trade, as prescribed by its rules, the confidential information involved, together with pertinent parts of the record. Such information shall be accompanied by a nonconfidential description of the nature of the information being transmitted. The confidential status of such information shall be preserved in the civil action, but the court may examine the confidential information in camera and may make such information available under a protective order consistent with section 777(c)(2) of the Tariff Act of 1930. (d) (1) In any other civil action in the Court of International Trade in which judicial review is to proceed upon the basis of the record made before an agency, the agency shall, within forty days or within such other period of time as the court may specify, after the date of service of the summons and complaint upon the agency, transmit to the clerk of the court, as prescribed by its rules (A) a copy of the contested determination and the findings or report upon which such determination was based; (B) a copy of any reported hearings or conferences conducted by the agency; and (C) any documents, comments, or other papers filed by the public, interested parties, or governments with respect to the agencys action. (2) The agency shall identify and transmit under seal to the clerk of the court any document, comment, or other information that was obtained on a confidential basis and that is required to be transmitted to the clerk under paragraph (1) of this subsection. Any such document, comment, or information shall include a nonconfidential description of the nature of the material being transmitted. The confidential or privileged status of such material shall be preserved in the civil action, but the court may examine such material in camera and may make such material available under such terms and conditions as the court may order. (3) The parties may stipulate that fewer documents, comments, or other information than those specified in paragraph (1) of this subsection shall be transmitted to the clerk of the court. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1733 Pub. L. 103182, title VI,  684(d) Dec. 8, 1993 107 Stat. 2219  Editorial Notes  References in Text The Tariff Act of 1930, referred to in subsecs. (a), (b)(1), and (c), is act June 17, 1930, ch. 497 46 Stat. 590 section 1654 of Title 19 Prior Provisions A prior section 2635, acts June 25, 1948, ch. 646 62 Stat. 981 June 2, 1970 Pub. L. 91271, title I,  116 84 Stat. 280 Pub. L. 96417 section 2639 of this title Amendments 1993Subsec. (a). Pub. L. 103182 (1) Upon service of the summons on the Secretary of the Treasury in any civil action contesting the denial of a protest under section 515 of the Tariff Act of 1930 or the denial of a petition under section 516 of such Act, the appropriate customs officer shall forthwith transmit to the clerk of the Court of International Trade, as prescribed by its rules, and as a part of the official record (A) the consumption or other entry and the entry summary; (B) the commercial invoice; (C) the special customs invoice; (D) a copy of the protest or petition; (E) a copy of the denial, in whole or in part, of the protest or petition; (F) the importers exhibits; (G) the official and other representative samples; (H) any official laboratory reports; and (I) a copy of any bond relating to the entry. (2) If any of the items listed in paragraph (1) of this subsection do not exist in a particular civil action, an affirmative statement to that effect shall be transmitted to the clerk of the court. Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to civil actions commenced on or after Nov. 1, 1980 Pub. L. 96417 section 251 of this title  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6  2636. Time for commencement of action (a) A civil action contesting the denial, in whole or in part, of a protest under section 515 of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade (1) within one hundred and eighty days after the date of mailing of notice of denial of a protest under section 515(a) of such Act; or (2) within one hundred and eighty days after the date of denial of a protest by operation of law under the provisions of section 515(b) of such Act. (b) A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within thirty days after the date of mailing of a notice pursuant to section 516(c) of such Act. (c) A civil action contesting a reviewable determination listed in section 516A of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within the time specified in such section. (d) A civil action contesting a final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 or a final determination of the Secretary of Commerce under section 251 or section 271 of such Act is barred unless commenced in accordance with the rules of the Court of International Trade within sixty days after the date of notice of such determination. (e) A civil action contesting a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979 is barred unless commenced in accordance with the rules of the Court of International Trade within thirty days after the date of the publication of such determination in the Federal Register. (f) A civil action involving an application for the issuance of an order making confidential information available under section 777(c)(2) of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within ten days after the date of the denial of the request for such confidential information. (g) A civil action contesting the denial or revocation by the Secretary of the Treasury of a customs brokers license or permit under subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the revocation or suspension of such license or permit or the imposition of a monetary penalty in lieu thereof by such Secretary under section 641(d) of such Act, is barred unless commenced in accordance with the rules of the Court of International Trade within sixty days after the date of the entry of the decision or order of such Secretary. (h) A civil action contesting the denial, suspension, or revocation by the Customs Service of a private laboratorys accreditation under section 499(b) of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within 60 days after the date of the decision or order of the Customs Service. (i) A civil action of which the Court of International Trade has jurisdiction under section 1581 of this title (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1734 Pub. L. 98573, title II,  212(b)(4) Oct. 30, 1984 98 Stat. 2984 Pub. L. 103182, title VI,  684(a)(3) Dec. 8, 1993 107 Stat. 2219  Editorial Notes  References in Text Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1515 of Title 19 Section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to section 1516 of Title 19 Section 516A of the Tariff Act of 1930, referred to in subsec. (c), is classified to section 1516a of Title 19 Sections 223 and 251 of the Trade Act of 1974, referred to in subsec. (d), are classified to sections 2273 and 2341, respectively, of Title 19, Customs Duties. Section 271 of the Trade Act of 1974, referred to in subsec. (d), means section 271 of Pub. L. 93618 Jan. 3, 1975 88 Stat. 2035 section 2371 of Title 19 Sept. 30, 1982 Pub. L. 1115 Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (e), is classified to section 2515(b)(1) of Title 19 Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (f), is classified to section 1677f(c)(2) of Title 19 Section 641 of the Tariff Act of 1930, referred to in subsec. (g), is classified to section 1641 of Title 19 Section 499(b) of the Tariff Act of 1930, referred to in subsec. (h), is classified to section 1499(b) of Title 19 Prior Provisions A prior section 2636, acts June 25, 1948, ch. 646 62 Stat. 981 June 2, 1970 Pub. L. 91271, title I,  117 84 Stat. 280 Pub. L. 96417 section 2642 of this title Amendments 1993Subsecs. (h), (i). Pub. L. 103182 1984Subsec. (c). Pub. L. 98573,  623(b)(1)(A) Subsec. (d). Pub. L. 98573,  623(b)(1)(B) Subsecs. (e) to (g). Pub. L. 98573,  623(b)(1)(B) Subsec. (h). Pub. L. 98573,  623(b)(1)(B) Pub. L. 98573,  212(b)(4) Subsec. (i). Pub. L. 98573,  623(b)(1)(B) Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 212(b)(4) of Pub. L. 98573 Oct. 30, 1984 section 214(d) of Pub. L. 98573 section 1304 of Title 19 Amendment by section 623(b)(1) of Pub. L. 98573 Oct. 30, 1984 section 626(b)(2) of Pub. L. 98573 section 1671 of Title 19 Effective Date Section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 section 251 of this title Application of 1993 Amendment For purposes of applying amendment by Pub. L. 103182 Dec. 8, 1993 19 U.S.C. 1499(b) section 684(b) of Pub. L. 103182 section 1581 of this title  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6  2637. Exhaustion of administrative remedies (a) A civil action contesting the denial of a protest under section 515 of the Tariff Act of 1930 may be commenced in the Court of International Trade only if all liquidated duties, charges, or exactions have been paid at the time the action is commenced, except that a suretys obligation to pay such liquidated duties, charges, or exactions is limited to the sum of any bond related to each entry included in the denied protest. (b) A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 may be commenced in the Court of International Trade only by a person who has first exhausted the procedures set forth in such section. (c) A civil action described in section 1581(h) of this title (d) In any civil action not specified in this section, the Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1735  Editorial Notes  References in Text Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1515 of Title 19 Section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to section 1516 of Title 19 Prior Provisions A prior section 2637, acts June 25, 1948, ch. 646 62 Stat. 982 June 2, 1970 Pub. L. 91271, title I,  118 84 Stat. 280 July 26, 1979 Pub. L. 9639, title X,  1001(b)(4)(E) 93 Stat. 306 Pub. L. 96417 section 2641 of this title Statutory Notes and Related Subsidiaries Effective Date Subsec. (c) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 section 251 of this title  2638. New grounds in support of a civil action In any civil action under section 515 of the Tariff Act of 1930 in which the denial, in whole or in part, of a protest is a precondition to the commencement of a civil action in the Court of International Trade, the court, by rule, may consider any new ground in support of the civil action if such new ground (1) applies to the same merchandise that was the subject of the protest; and (2) is related to the same administrative decision listed in section 514 of the Tariff Act of 1930 that was contested in the protest. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1736  Editorial Notes  References in Text Section 515 of the Tariff Act of 1930, referred to in text, is classified to section 1515 of Title 19 Section 514 of the Tariff Act of 1930, referred to in par. (2), is classified to section 1514 of Title 19 Prior Provisions A prior section 2638, acts June 25, 1948, ch. 646 62 Stat. 982 June 2, 1970 Pub. L. 91271, title I,  119 84 Stat. 281 Pub. L. 96417  2639. Burden of proof; evidence of value (a) (1) Except as provided in paragraph (2) of this subsection, in any civil action commenced in the Court of International Trade under section 515, 516, or 516A of the Tariff Act of 1930, the decision of the Secretary of the Treasury, the administering authority, or the International Trade Commission is presumed to be correct. The burden of proving otherwise shall rest upon the party challenging such decision. (2) The provisions of paragraph (1) of this subsection shall not apply to any civil action commenced in the Court of International Trade under section 1582 of this title (b) In any civil action described in section 1581(h) of this title (c) Where the value of merchandise or any of its components is in issue in any civil action in the Court of International Trade (1) reports or depositions of consuls, customs officers, and other officers of the United States, and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted into evidence when served upon the opposing party as prescribed by the rules of the court; and (2) price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1736  Editorial Notes  References in Text Sections 515, 516, and 516A of the Tariff Act of 1930, referred to in subsec. (a)(1), are classified to sections 1515, 1516, and 1516a, respectively, of Title 19, Customs Duties. Prior Provisions A prior section 2639, acts June 25, 1948, ch. 646 62 Stat. 982 June 2, 1970 Pub. L. 91271, title I,  120 84 Stat. 281 Pub. L. 96417 section 2646 of this title Statutory Notes and Related Subsidiaries Effective Date Subsec. (a)(2) of this section applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980 section 701(c)(1)(A) of Pub. L. 96417 section 251 of this title Subsec. (b) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417  2640. Scope and standard of review (a) The Court of International Trade shall make its determinations upon the basis of the record made before the court in the following categories of civil actions: (1) Civil actions contesting the denial of a protest under section 515 of the Tariff Act of 1930. (2) Civil actions commenced under section 516 of the Tariff Act of 1930. (3) Civil actions commenced to review a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979. (4) Civil actions commenced under section 777(c)(2) of the Tariff Act of 1930. (5) Civil actions commenced to review any decision of the Secretary of the Treasury under section 641 of the Tariff Act of 1930, with the exception of decisions under section 641(d)(2)(B), which shall be governed by subdivision (d) of this section. (6) Civil actions commenced under section 1582 of this title (b) In any civil action commenced in the Court of International Trade under section 516A of the Tariff Act of 1930, the court shall review the matter as specified in subsection (b) of such section. (c) In any civil action commenced in the Court of International Trade to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act, the court shall review the matter as specified in section 284 of such Act. (d) In any civil action commenced to review any order or decision of the Customs Service under section 499(b) of the Tariff Act of 1930, the court shall review the action on the basis of the record before the Customs Service at the time of issuing such decision or order. (e) In any civil action not specified in this section, the Court of International Trade shall review the matter as provided in section 706 of title 5 (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1736 Pub. L. 98573, title II,  212(b)(5) Oct. 30, 1984 98 Stat. 2984 Pub. L. 103182, title VI,  684(a)(4) Dec. 8, 1993 107 Stat. 2219  Editorial Notes  References in Text Section 515 of the Tariff Act of 1930, referred to in subsec. (a)(1), is classified to section 1515 of Title 19 Section 516 of the Tariff Act of 1930, referred to in subsec. (a)(2), is classified to section 1516 of Title 19 Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (a)(3), is classified to section 2515(b)(1) of Title 19 Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (a)(4), is classified to section 1677f(c)(2) of Title 19 Section 641 of the Tariff Act of 1930, referred to in subsec. (a)(5), is classified to section 1641 of Title 19 Section 516A of the Tariff Act of 1930, referred to in subsec. (b), is classified to section 1516a of Title 19 Sections 223, 251, 271, and 284 of the Trade Act of 1974, referred to in subsec. (c), are classified to sections 2273, 2341, 2371, and 2395, respectively, of Title 19, Customs Duties. Section 2371 of Title 19 Sept. 30, 1982 Section 499(b) of the Tariff Act of 1930, referred to in subsec. (d), is classified to section 1499(b) of Title 19 Prior Provisions A prior section 2640, act June 25, 1948, ch. 646 62 Stat. 982 Pub. L. 91271, title I,  121 June 2, 1970 84 Stat. 281 section 2646 of this title Amendments 1993Subsecs. (d), (e). Pub. L. 103182 1984Subsec. (a)(5). Pub. L. 98573 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98573 Oct. 30, 1984 section 214(d) of Pub. L. 98573 section 1304 of Title 19 Effective Date Subsecs. (a)(5), (c), and (d) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 section 251 of this title Subsec. (a)(6) of this section applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980 section 701(c)(1)(A) of Pub. L. 96417 Application of 1993 Amendment For purposes of applying amendment by Pub. L. 103182 Dec. 8, 1993 19 U.S.C. 1499(b) section 684(b) of Pub. L. 103182 section 1581 of this title  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6  2641. Witnesses; inspection of documents (a) Except as otherwise provided by law, in any civil action in the Court of International Trade, each party and its counsel shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses of the other party, and to inspect all samples and papers admitted or offered as evidence, as prescribed by the rules of the court. Except as provided in section 2639 of this title (b) The Court of International Trade may order that trade secrets and commercial or financial information which is privileged and confidential, or any information provided to the United States by any foreign government or foreign person, may be disclosed to a party, its counsel, or any other person under such terms and conditions as the court may order. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1737  Editorial Notes  References in Text The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to this title. Prior Provisions A prior section 2641, act June 25, 1948, ch. 646 62 Stat. 982 Pub. L. 91271, title I,  121 June 2, 1970 84 Stat. 281  2642. Analysis of imported merchandise  The Court of International Trade may order an analysis of imported merchandise and reports thereon by laboratories or agencies of the United States or laboratories accredited by the Customs Service under section 499(b) of the Tariff Act of 1930. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1737 Pub. L. 103182, title VI,  684(a)(5) Dec. 8, 1993 107 Stat. 2219  Editorial Notes  References in Text Section 499(b) of the Tariff Act of 1930, referred to in text, is classified to section 1499(b) of Title 19 Prior Provisions A prior section 2642, act May 24, 1949, ch. 139,  123 63 Stat. 106 Pub. L. 91271, title I,  121 June 2, 1970 84 Stat. 281 section 2633(b) of this title Amendments 1993 Pub. L. 103182 Statutory Notes and Related Subsidiaries Application of 1993 Amendment For purposes of applying amendment by Pub. L. 103182 Dec. 8, 1993 19 U.S.C. 1499(b) section 684(b) of Pub. L. 103182 section 1581 of this title  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6  2643. Relief (a) The Court of International Trade may enter a money judgment (1) for or against the United States in any civil action commenced under section 1581 or 1582 of this title; and (2) for or against the United States or any other party in any counterclaim, cross-claim, or third-party action under section 1583 of this title (b) If the Court of International Trade is unable to determine the correct decision on the basis of the evidence presented in any civil action, the court may order a retrial or rehearing for all purposes, or may order such further administrative or adjudicative procedures as the court considers necessary to enable it to reach the correct decision. (c) (1) Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Court of International Trade may, in addition to the orders specified in subsections (a) and (b) of this section, order any other form of relief that is appropriate in a civil action, including, but not limited to, declaratory judgments, orders of remand, injunctions, and writs of mandamus and prohibition. (2) The Court of International Trade may not grant an injunction or issue a writ of mandamus in any civil action commenced to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974, or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act. (3) In any civil action involving an application for the issuance of an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930, the Court of International Trade may issue an order of disclosure only with respect to the information specified in such section. (4) In any civil action described in section 1581(h) of this title (5) In any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, the Court of International Trade may not order declaratory relief. (d) If a surety commences a civil action in the Court of International Trade, such surety shall recover only the amount of the liquidated duties, charges, or exactions paid on the entries included in such action. The excess amount of any recovery shall be paid to the importer of record. (e) In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1737 Pub. L. 98573, title II,  212(b)(6) Oct. 30, 1984 98 Stat. 2984 Pub. L. 100449, title IV,  402(b) Sept. 28, 1988 102 Stat. 1884 Pub. L. 103182, title IV,  414(b) Dec. 8, 1993 107 Stat. 2147 Pub. L. 116113, title IV,  423(b) Jan. 29, 2020 134 Stat. 66  Amendment of Section For termination of amendment by section 501(c) of Pub. L. 100449 Editorial Notes  References in Text Sections 223, 251, and 271 of the Trade Act of 1974, referred to in subsec. (c)(2), are classified to sections 2273, 2341, and 2371, respectively, of Title 19, Customs Duties. Section 2371 of Title 19 Sept. 30, 1982 Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19 Section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to section 1516a(f)(9) of Title 19 Section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section 1641 of Title 19 Amendments 2020Subsec. (c)(5). Pub. L. 116113 1993Subsec. (c)(5). Pub. L. 103182 1988Subsec. (c). Pub. L. 100449 1984Subsec. (e). Pub. L. 98573 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Amendment by Pub. L. 116113 July 1, 2020 section 1516a of Title 19 section 432 of Pub. L. 116113 section 1516a of Title 19 Effective Date of 1993 Amendment Amendment by Pub. L. 103182 Jan. 1, 1994 section 1516a(a)(2)(B)(vi) of Title 19 section 416 of Pub. L. 103182 section 3431 of Title 19 Effective and Termination Dates of 1988 Amendment Amendment by Pub. L. 100449 Jan. 1, 1989 Pub. L. 100449 section 2112 of Title 19 Effective Date of 1984 Amendment Amendment by Pub. L. 98573 Oct. 30, 1984 section 214(d) of Pub. L. 98573 section 1304 of Title 19 Effective Date Subsecs. (a) and (c)(2), (4) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 section 251 of this title Effect of Termination of USMCA Country Status For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116113 section 4601 of Title 19  2644. Interest  If, in a civil action in the Court of International Trade under section 515 of the Tariff Act of 1930, the plaintiff obtains monetary relief by a judgment or under a stipulation agreement, interest shall be allowed at an annual rate established under section 6621 of the Internal Revenue Code of 1986. Such interest shall be calculated from the date of the filing of the summons in such action to the date of the refund. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1738 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text Section 515 of the Tariff Act of 1930, referred to in text, is classified to section 1515 of Title 19 Section 6621 of the Internal Revenue Code of 1986, referred to in text, is classified to section 6621 of Title 26 Amendments 1986 Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to civil actions commenced on or after Nov. 1, 1980 section 701(b)(1)(B) of Pub. L. 96417 section 251 of this title  2645. Decisions (a) A final decision of the Court of International Trade in a contested civil action or a decision granting or refusing a preliminary injunction shall be supported by (1) a statement of findings of fact and conclusions of law; or (2) an opinion stating the reasons and facts upon which the decision is based. (b) After the Court of International Trade has rendered a judgment, the court may, upon the motion of a party or upon its own motion, amend its findings or make additional findings and may amend the decision and judgment accordingly. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment. (c) A decision of the Court of International Trade is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2646 of this title (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1738 Pub. L. 97164, title I,  141 Apr. 2, 1982 96 Stat. 45  Editorial Notes Amendments 1982Subsec. (c). Pub. L. 97164 section 2601 of this title Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of this title  2646. Retrial or rehearing  After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own motion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order. (Added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1739 [ 2647. Repealed. Pub. L. 98620, title IV,  402(29)(G) Nov. 8, 1984 98 Stat. 3359   Section, added Pub. L. 96417, title III,  301 Oct. 10, 1980 94 Stat. 1739 Pub. L. 98573, title VI,  623(b)(2) Oct. 30, 1984 98 Stat. 3041 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal not applicable to cases pending on Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of this title CHAPTER 171 TORT CLAIMS PROCEDURE    Sec.  2671. Definitions.  2672. Administrative adjustment of claims.  2673. Reports to Congress.  2674. Liability of United States.  2675. Disposition by federal agency as prerequisite; evidence.  2676. Judgment as bar.  2677. Compromise.  2678. Attorney fees; penalty.  2679. Exclusiveness of remedy.  2680. Exceptions.  Senate Revision Amendment As printed in this report, this chapter should have read 173 and not 171. It was properly numbered 173 in the bill. However, the chapter was renumbered 171, without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1966 Pub. L. 89506,  9(b) July 18, 1966 80 Stat. 308 1959 Pub. L. 86238,  1(2) Sept. 8, 1959 73 Stat. 472 Statutory Notes and Related Subsidiaries Federal Cause of Action Relating to Water at Camp Lejeune, North Carolina Pub. L. 117168, title VIII,  804 Aug. 10, 2022 136 Stat. 1802  (a)  Short Title This section may be cited as the Camp Lejeune Justice Act of 2022. (b)  In General An individual, including a veteran (as defined in section 101 of title 38 August 1, 1953 December 31, 1987 (c)  Burdens and Standard of Proof. (1)  In general The burden of proof shall be on the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm. (2)  Standards To meet the burden of proof described in paragraph (1), a party shall produce evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm is (A) sufficient to conclude that a causal relationship exists; or (B) sufficient to conclude that a causal relationship is at least as likely as not. (d)  Exclusive Jurisdiction and Venue The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (b), and shall be the exclusive venue for such an action. Nothing in this subsection shall impair the right of any party to a trial by jury. (e)  Exclusive Remedy. (1)  In general An individual, or legal representative of an individual, who brings an action under this section for a harm described in subsection (b), including a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law. (2)  Health and disability benefits relating to water exposure Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative (A) under (i) any program under the laws administered by the Secretary of Veterans Affairs; (ii) the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 (iii) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 (B) in connection with health care or a disability relating to exposure to the water at Camp Lejeune. (f)  Immunity Limitation The United States may not assert any claim to immunity in an action under this section that would otherwise be available under section 2680(a) of title 28 (g)  No Punitive Damages Punitive damages may not be awarded in any action under this section. (h)  Disposition by Federal Agency Required An individual may not bring an action under this section before complying with section 2675 of title 28 (i)  Exception for Combatant Activities This section does not apply to any claim or action arising out of the combatant activities of the Armed Forces. (j)  Applicability; Period for Filing. (1)  Applicability This section shall apply only to a claim accruing before the date of enactment of this Act [ Aug. 10, 2022 (2)  Statute of limitations A claim in an action under this section may not be commenced after the later of (A) the date that is two years after the date of enactment of this Act; or (B) the date that is 180 days after the date on which the claim is denied under section 2675 of title 28 (3)  Inapplicability of other limitations Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section.  2671. Definitions  As used in this chapter and sections 1346(b) and 2401(b) of this title, the term Federal agency includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States. Employee of the government includes (1) officers or employees of any federal agency, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 115, 316, 502, 503, 504, or 505 of title 32, and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation, and (2) any officer or employee of a Federal public defender organization, except when such officer or employee performs professional services in the course of providing representation under section 3006A of title 18 Acting within the scope of his office or employment, in the case of a member of the military or naval forces of the United States or a member of the National Guard as defined in section 101(3) of title 32 ( June 25, 1948, ch. 646 62 Stat. 982 May 24, 1949, ch. 139,  124 63 Stat. 106 Pub. L. 89506,  8 July 18, 1966 80 Stat. 307 Pub. L. 97124,  1 Dec. 29, 1981 95 Stat. 1666 Pub. L. 100694,  3 Nov. 18, 1988 102 Stat. 4564 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 106518, title IV,  401 Nov. 13, 2000 114 Stat. 2421  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  941 ( Aug. 2, 1946, ch. 753,  402 60 Stat. 842 Changes were made in phraseology. 1949 Act This section corrects a typographical error in section 2671 of title 28 Editorial Notes Amendments 2000 Pub. L. 106518 Pub. L. 106398 1988 Pub. L. 100694 1981 Pub. L. 97124 section 101(3) of title 32 1966 Pub. L. 89506 1949Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendment made by subsection (b) [amending this section] shall apply with respect to acts and omissions occurring before, on, or after the date of the enactment of this Act [ Oct. 30, 2000 Effective Date of 1988 Amendment Amendment by Pub. L. 100694 Nov. 18, 1988 Nov. 18, 1988 section 8 of Pub. L. 100694 section 2679 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 97124 Dec. 29, 1981 section 4 of Pub. L. 97124 section 1089 of Title 10 Effective Date of 1966 Amendment Amendment by Pub. L. 89506 July 18, 1966 section 10 of Pub. L. 89506 section 2672 of this title Short Title This chapter is popularly known as the Federal Tort Claims Act. The Federal Tort Claims Act was previously the official short title of title IV of act Aug. 2, 1946, ch. 753 60 Stat. 842 Aug. 2, 1946 act June 25, 1948, ch. 646 62 Stat. 992 Severability Pub. L. 100694,  7 Nov. 18, 1988 102 Stat. 4565 If any provision of this Act [see Short Title of 1988 Amendment note under section 1 of this title Law Enforcement Officer Acting Within Scope of Office or Employment Pub. L. 105277, div. A,  101(h) [title VI,  627] Oct. 21, 1998 112 Stat. 2681480 Pub. L. 10658, title VI,  623 Sept. 29, 1999 113 Stat. 471  (a)  Definitions In this section (1) the term crime of violence has the meaning given that term in section 16 of title 18 (2) the term law enforcement officer means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 (b)  Rule of Construction Effective on the date of the enactment of this Act [ Oct. 21, 1998 (1) protect an individual in the presence of the officer from a crime of violence; (2) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or (3) prevent the escape of any individual who the officer reasonably believes to have committed in the presence of the officer a crime of violence. Congressional Findings and Purposes Pub. L. 100694,  2 Nov. 18, 1988 102 Stat. 4563  (a)  Findings The Congress finds and declares the following: (1) For more than 40 years the Federal Tort Claims Act [see Short Title note above] has been the legal mechanism for compensating persons injured by negligent or wrongful acts of Federal employees committed within the scope of their employment. (2) The United States, through the Federal Tort Claims Act, is responsible to injured persons for the common law torts of its employees in the same manner in which the common law historically has recognized the responsibility of an employer for torts committed by its employees within the scope of their employment. (3) Because Federal employees for many years have been protected from personal common law tort liability by a broad based immunity, the Federal Tort Claims Act has served as the sole means for compensating persons injured by the tortious conduct of Federal employees. (4) Recent judicial decisions, and particularly the decision of the United States Supreme Court in Westfall v. Erwin, have seriously eroded the common law tort immunity previously available to Federal employees. (5) This erosion of immunity of Federal employees from common law tort liability has created an immediate crisis involving the prospect of personal liability and the threat of protracted personal tort litigation for the entire Federal workforce. (6) The prospect of such liability will seriously undermine the morale and well being of Federal employees, impede the ability of agencies to carry out their missions, and diminish the vitality of the Federal Tort Claims Act as the proper remedy for Federal employee torts. (7) In its opinion in Westfall v. Erwin, the Supreme Court indicated that the Congress is in the best position to determine the extent to which Federal employees should be personally liable for common law torts, and that legislative consideration of this matter would be useful. (b)  Purpose It is the purpose of this Act [see Short Title of 1988 Amendment note under section 1 of this title  2672. Administrative adjustment of claims  The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred: Provided Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award, compromise, settlement, or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud. Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency. Payment of any award, compromise, or settlement in an amount in excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of this title The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter. ( June 25, 1948, ch. 646 62 Stat. 983 Apr. 25, 1949, ch. 92,  2(b) 63 Stat. 62 May 24, 1949, ch. 139,  125 63 Stat. 106 Sept. 23, 1950, ch. 1010,  9 64 Stat. 987 Pub. L. 86238,  1(1) Sept. 8, 1959 73 Stat. 471 Pub. L. 89506 July 18, 1966 80 Stat. 306 Pub. L. 101552,  8(a) Nov. 15, 1990 104 Stat. 2746  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  921 ( Aug. 2, 1946, ch. 753,  403 60 Stat. 843 The phrase accruing on and after January 1, 1945 Changes were made in phraseology. 1949 Act This section corrects a typographical error in section 2672 of title 28 Editorial Notes Amendments 1990 Pub. L. 101552 1966 Pub. L. 89506 1959 Pub. L. 86238 1950Act Sept. 23, 1950 1949Act Apr. 25, 1949 January 1, 1945 Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Pub. L. 89506,  10 July 18, 1966 80 Stat. 308 This Act [amending this section, sections 2401, 2671, 2675, 2677, 2678, and 2679 of this title, section 724a of former Title 31, Money and Finance, and former section 4116 of Title 38 July 18, 1966 Laws Unaffected Act Aug. 2, 1946, ch. 753, title IV,  424(b) 60 Stat. 847 Nothing contained herein shall be deemed to repeal any provision of law authorizing any Federal agency to consider, ascertain, adjust, settle, determine, or pay any claim on account of damage to or loss of property or on account of personal injury or death, in cases in which such damage, loss, injury, or death was not caused by any negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, or any other claim not cognizable under part 2 of this title.  2673. Reports to Congress  The head of each federal agency shall report annually to Congress all claims paid by it under section 2672 of this title ( June 25, 1948, ch. 646 62 Stat. 983  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  922 ( Aug. 2, 1946, ch. 753,  404 60 Stat. 843 Changes were made in phraseology. Statutory Notes and Related Subsidiaries Repeal Pub. L. 89348,  1(1) Nov. 8, 1965 79 Stat. 1310  2674. Liability of United States  The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof. With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled. With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter. ( June 25, 1948, ch. 646 62 Stat. 983 Pub. L. 100694 Nov. 18, 1988 102 Stat. 4564  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  931(a) ( Aug. 2, 1946, ch. 753,  410(a) 60 Stat. 843 Section constitutes the liability provisions in the second sentence of section 931(a) of title 28 Other provisions of section 931(a) of title 28 section 2411 of this title section 932 of title 28 Changes were made in phraseology. Senate Revision Amendment For Senate amendment to this section, see 80th Congress Senate Report No. 1559, amendment No. 60. Editorial Notes Amendments 1988 Pub. L. 100694 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100694 Nov. 18, 1988 Nov. 18, 1988 section 8 of Pub. L. 100694 section 2679 of this title  2675. Disposition by federal agency as prerequisite; evidence (a) An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim. (b) Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim. (c) Disposition of any claim by the Attorney General or other head of a federal agency shall not be competent evidence of liability or amount of damages. ( June 25, 1948, ch. 646 62 Stat. 983 May 24, 1949, ch. 139,  126 63 Stat. 107 Pub. L. 89506,  2 July 18, 1966 80 Stat. 306  Historical and Revision Notes 1948 Act Based on title 28, U.S.C., 1940 ed.,  931(b) ( Aug. 2, 1946, ch. 753,  410(b) 60 Stat. 844 Section constitutes all of section 931(b), except the first sentence, of title 28, U.S.C., 1940 ed. The remainder of such section 931(b) is incorporated in section 2677 of this title Changes were made in phraseology. 1949 Act This section corrects a typographical error in section 2675(b) of title 28 Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Amendments 1966Subsec. (a). Pub. L. 89506,  2(a) Subsec. (b). Pub. L. 89506,  2(b) 1949Subsec. (b). Act May 24, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Amendment by Pub. L. 89506 July 18, 1966 section 10 of Pub. L. 89506 section 2672 of this title  2676. Judgment as bar  The judgment in an action under section 1346(b) of this title ( June 25, 1948, ch. 646 62 Stat. 984  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  931(b) ( Aug. 2, 1946, ch. 753,  410(b) 60 Stat. 844 Section constitutes the first sentence of section 931(b) of title 28 section 2675 of this title Changes were made in phraseology. Senate Revision Amendment This section was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.  2677. Compromise  The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title ( June 25, 1948, ch. 646 62 Stat. 984 Pub. L. 89506,  3 July 18, 1966 80 Stat. 307  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  934 ( Aug. 2, 1946, ch. 753,  413 60 Stat. 845 Changes were made in phraseology. Senate Revision Amendment This section was renumbered 2676 by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1966 Pub. L. 89506 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Amendment by Pub. L. 89506 July 18, 1966 section 10 of Pub. L. 89506 section 2672 of this title  2678. Attorney fees; penalty  No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title section 2677 of this title section 2672 of this title Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both. ( June 25, 1948, ch. 646 62 Stat. 984 Pub. L. 89506,  4 July 18, 1966 80 Stat. 307  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  944 ( Aug. 2, 1946, ch. 753,  422 60 Stat. 846 Words shall be guilty of a misdemeanor and shall, upon conviction thereof, in the second sentence, were omitted in conformity with revised title 18, U.S.C., Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). See sections 1 and 2 of said revised title 18. Changes were made in phraseology. Senate Revision Amendment This section was renumbered 2677 by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes Amendments 1966 Pub. L. 89506 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Amendment by Pub. L. 89506 July 18, 1966 section 10 of Pub. L. 89506 section 2672 of this title  2679. Exclusiveness of remedy (a) The authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under section 1346(b) of this title (b) (1) The remedy against the United States provided by sections 1346(b) and 2672 of this title for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. Any other civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employees estate is precluded without regard to when the act or omission occurred. (2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government (A) which is brought for a violation of the Constitution of the United States, or (B) which is brought for a violation of a statute of the United States under which such action against an individual is otherwise authorized. (c) The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or his estate for any such damage or injury. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the head of his department to receive such papers and such person shall promptly furnish copies of the pleadings and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the head of his employing Federal agency. (d) (1) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. (2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. (3) In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. A copy of the petition shall be served upon the United States in accordance with the provisions of Rule 4(d)(4) 1 1 (4) Upon certification, any action or proceeding subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of this title (5) Whenever an action or proceeding in which the United States is substituted as the party defendant under this subsection is dismissed for failure first to present a claim pursuant to section 2675(a) of this title section 2401(b) of this title (A) the claim would have been timely had it been filed on the date the underlying civil action was commenced, and (B) the claim is presented to the appropriate Federal agency within 60 days after dismissal of the civil action. (e) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677, and with the same effect. ( June 25, 1948, ch. 646 62 Stat. 984 Pub. L. 87258,  1 Sept. 21, 1961 75 Stat. 539 Pub. L. 89506,  5(a) July 18, 1966 80 Stat. 307 Pub. L. 100694 Nov. 18, 1988 102 Stat. 4564  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  945 ( Aug. 2, 1946, ch. 753,  423 60 Stat. 846 Changes were made in phraseology. Senate Revision Amendment The catchline and text of this section were changed and the section was renumbered 2678 by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (d)(3), are set out in the Appendix to this title. Amendments 1988Subsec. (b). Pub. L. 100694,  5 Subsec. (d). Pub. L. 100694,  6 1966Subsec. (b). Pub. L. 89506 section 2672 of this title 1961 Pub. L. 87258 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100694,  8 Nov. 18, 1988 102 Stat. 4565  (a)  General Rule This Act and the amendments made by this Act [enacting section 831c2 of Title 16 section 2671 of this title Nov. 18, 1988 (b)  Applicability to Proceedings The amendments made by this Act [amending this section and sections 2671 and 2674 of this title] shall apply to all claims, civil actions, and proceedings pending on, or filed on or after, the date of the enactment of this Act. (c)  Pending State Proceedings With respect to any civil action or proceeding pending in a State court to which the amendments made by this Act apply, and as to which the period for removal under section 2679(d) of title 28 (d)  Claims Accruing Before Enactment With respect to any civil action or proceeding to which the amendments made by this Act apply in which the claim accrued before the date of the enactment of this Act, the period during which the claim shall be deemed to be timely presented under section 2679(d)(5) of title 28 Effective Date of 1966 Amendment Amendment by Pub. L. 89506 July 18, 1966 section 10 of Pub. L. 89506 section 2672 of this title Effective Date of 1961 Amendment Pub. L. 87258,  2 Sept. 21, 1961 75 Stat. 539 The amendments made by this Act [amending this section] shall be deemed to be in effect six months after the enactment hereof [ Sept. 21, 1961  2680. Exceptions The provisions of this chapter and section 1346(b) of this title (a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. (c) Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer, except that the provisions of this chapter and section 1346(b) of this title (1) the property was seized for the purpose of forfeiture under any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; (2) the interest of the claimant was not forfeited; (3) the interest of the claimant was not remitted or mitigated (if the property was subject to forfeiture); and (4) the claimant was not convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law.. 1 1 (d) Any claim for which a remedy is provided by chapter 309 or 311 of title 46 relating to claims or suits in admiralty against the United States. (e) Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 131 of Title 50, Appendix. 2 2 (f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States. [(g) Repealed. Sept. 26, 1950, ch. 1049,  13 64 Stat. 1043 (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided section 1346(b) of this title (i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system. (j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. (k) Any claim arising in a foreign country. (l) Any claim arising from the activities of the Tennessee Valley Authority. (m) Any claim arising from the activities of the Panama Canal Company. (n) Any claim arising from the activities of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives. ( June 25, 1948, ch. 646 62 Stat. 984 July 16, 1949, ch. 340 63 Stat. 444 Sept. 26, 1950, ch. 1049 64 Stat. 1038 Pub. L. 86168, title II,  202(b) Aug. 18, 1959 73 Stat. 389 Pub. L. 93253,  2 Mar. 16, 1974 88 Stat. 50 Pub. L. 106185,  3(a) Apr. 25, 2000 114 Stat. 211 Pub. L. 109304,  17(f)(4) Oct. 6, 2006 120 Stat. 1708  Historical and Revision Notes Based on title 28, U.S.C., 1940 ed.,  943 ( Aug. 2, 1946, ch. 753,  421 60 Stat. 845 Changes were made in phraseology. Section 946 of title 28 section 2672 of this title Senate Revision Amendment Sections 2680 and 2681 were renumbered 2679 and 2680, respectively, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes  References in Text Sections 131 of Title 50, Appendix, referred to in subsec. (e), was in the original source of this section (section 943 of act Aug. 2, 1946 The date of the enactment of this proviso, referred to in subsec. (h), means Mar. 16, 1974 Pub. L. 93253 Panama Canal Company, referred to in subsec. (m), deemed to refer to Panama Canal Commission, see section 3602(b)(5) of Title 22 Amendments 2006Subsec. (d). Pub. L. 109304 2000Subsec. (c). Pub. L. 106185 section 1346(b) of this title 1974Subsec. (h). Pub. L. 93253 1959Subsec. (n). Pub. L. 86168 1950Subsec. (g). Act Sept. 26, 1950 Subsec. (m). Act Sept. 26, 1950 1949Subsec. (m). Act July 16, 1949 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106185 Apr. 25, 2000 section 21 of Pub. L. 106185 section 1324 of Title 8 Effective Date of 1959 Amendment Amendment by Pub. L. 86168 Jan. 1, 1960 section 203(c) of Pub. L. 86168 Effective Date of 1950 Amendment Amendment by act Sept. 26, 1950 Sept. 26, 1950  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 section 542 of Title 6 Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of all other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Section 6(b)(2) of Pub. L. 89670 section 108 of Title 49 Northern Mariana IslandsApplicability of Subsec. (k) Pub. L. 97357, title II,  204 Oct. 19, 1982 96 Stat. 1708 That the Northern Mariana Islands shall not be considered a foreign country for purposes of subsection (k) of section 2680 of title 28 Oct. 19, 1982 Termination of National Emergency Declaration of national emergency in effect on Sept. 14, 1976 section 1601 of Title 50 Applicability of Subsec. (j) Joint Res. July 3, 1952, ch. 570,  1(a)(32) 66 Stat. 333 Mar. 31, 1953, ch. 13,  1 67 Stat. 18 June 30, 1953, ch. 172 67 Stat. 132 Dec. 16, 1950 section 1 of Title 50 Aug. 1, 1953 July 3, 1952 June 16, 1952 Joint Res. July 3, 1952, ch. 570,  6 66 Stat. 334 Apr. 14, 1952, ch. 204 66 Stat. 54 May 28, 1952, ch. 339 66 Stat. 96 June 14, 1952, ch. 437 66 Stat. 137 June 30, 1952, ch. 526 66 Stat. 296 July 3, 1952 June 16, 1952 July 3, 1952 Executive Documents  Transfer of Functions For transfer of certain functions relating to claims and litigation, insofar as they pertain to the Air Force, from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order No. 34 [ 1a(2)(4)], eff. July 1, 1949 CHAPTER 173 ATTACHMENT IN POSTAL SUITS    Sec.  2710. Right of attachment.  2711. Application for warrant.  2712. Issue of warrant.  2713. Trial of ownership of property.  2714. Investment of proceeds of attached property.  2715. Publication.  2716. Personal notice.  2717. Discharge.  2718. Interest on balances due department.  2710. Right of attachment (a) Where debts are due from a defaulting or delinquent postmaster, contractor, or other officer, agent or employee of the Post Office Department, a warrant of attachment may issue against all property and legal and equitable rights belonging to him, and his sureties, or either of them, where he (1) is a nonresident of the district where he was appointed, or has departed from that district for the purpose of permanently residing outside thereof, or of avoiding the service of civil process; and (2) has conveyed away, or is about to convey away any of his property, or has removed or is about to remove the same from the district wherein it is situated, with intent to defraud the United States. (b) When the property has been removed, the marshal of the district into which it has been removed, upon receipt of certified copies of the warrant, may seize the property and convey it to a convenient place within the jurisdiction of the court which issued the warrant. Alias warrants may be issued upon due application. The warrant first issued remains valid until the return day thereof. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 706  Editorial Notes Codification Section was derived from R.S.  924, which was originally classified to section 737 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 837 of Title 39 section 12(c) of Pub. L. 86682 section 2710 of this title Statutory Notes and Related Subsidiaries  Change of Name References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91375,  6 o Aug. 12, 1970 84 Stat. 783 section 101 of Title 39 Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2711. Application for warrant A United States attorney or assistant United States attorney or a person authorized by the Attorney General (1) upon his own affidavit or that of another credible person, stating the existence of either of the grounds of attachments enumerated in section 2710 of this title (2) upon production of legal evidence of the debt may apply for a warrant of attachment to a judge, or, in his absence, to the clerk of any court of the United States having original jurisdiction of the cause of action. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 707  Editorial Notes Codification Section was derived from R.S.  925, which was originally classified to section 738 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 838 of Title 39 section 12(c) of Pub. L. 86682 section 2711 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2712. Issue of warrant  Upon an order of a judge of a court, or, in his absence and upon the clerks own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 707  Editorial Notes Codification Section was derived from R.S.  926, which was originally classified to section 739 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 839 of Title 39 section 12(c) of Pub. L. 86682 section 2712 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2713. Trial of ownership of property  Not later than twenty days before the return day of a warrant issued under section 2712 of this title (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 707  Editorial Notes Codification Section was derived from R.S.  927, which was originally classified to section 740 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 840 of Title 39 section 12(c) of Pub. L. 86682 section 2713 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2714. Investment of proceeds of attached property  When the property attached is sold on an interlocutory order or is producing revenue, the money arising from the sale or revenue shall be invested, under the order of the court, in securities of the United States. The accretions therefrom are subject to the order of the court. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 707  Editorial Notes Codification Section was derived from R.S.  928, which was originally classified to section 741 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 841 of Title 39 section 12(c) of Pub. L. 86682 section 2714 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2715. Publication The marshal shall cause publication of an executed warrant of attachment (1) for two months in case of an absconding debtor, and (2) for four months in case of a nonresident debtor in a newspaper published in the district where the property is situated pursuant to the details of the order under which the warrant is issued. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 707  Editorial Notes Codification Section was derived from R.S.  929, which was originally classified to section 742 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 842 of Title 39 Pub. L. 86682,  12(c) Sept. 2, 1960 74 Stat. 708 section 2715 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2716. Personal notice  After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a defendant, is known to the United States attorney or marshal, the officer shall cause a personal notice of the attachment to be served upon him, but the lack of the notice does not invalidate the attachment. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 707  Editorial Notes Codification Section was derived from R.S.  930, which was originally classified to section 743 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 843 of Title 39 Pub. L. 86682,  12(c) Sept. 2, 1960 74 Stat. 708 section 2716 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2717. Discharge The court, or a judge thereof, upon (1) application of the party when property has been attached and (2) execution to the United States of a penal bond, approved by a judge, in double the value of the property attached and conditioned upon the return of the property or the payment of any judgment rendered by the court may discharge the warrant of attachment as to the property of the applicant. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 708  Editorial Notes Codification Section was derived from R.S.  931, which was originally classified to section 744 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 844 of Title 39 Pub. L. 86682,  12(c) Sept. 2, 1960 74 Stat. 708 section 2717 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708  2718. Interest on balances due department  In suits for balances due the Post Office Department may recover interest at the rate of 6 per centum per year from the time of default. (Added Pub. L. 86682,  9 Sept. 2, 1960 74 Stat. 708  Editorial Notes Codification Section was derived from R.S.  964, which was originally classified to section 788 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948 section 846 of Title 39 Pub. L. 86682,  12(c) Sept. 2, 1960 74 Stat. 708 section 2718 of this title Statutory Notes and Related Subsidiaries  Change of Name References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91375,  6 o Aug. 12, 1970 84 Stat. 783 section 101 of Title 39 Effective Date Section effective Sept. 1, 1960 section 11 of Pub. L. 86682 74 Stat. 708 [CHAPTER 175 REPEALED] [ 2901 to 2906. Repealed. Pub. L. 106310, div. B, title XXXIV,  3405(c)(1) Oct. 17, 2000 114 Stat. 1221   Section 2901, added Pub. L. 89793, title I,  101 Nov. 8, 1966 80 Stat. 1438 Pub. L. 91513, title III,  1102 l Oct. 27, 1970 84 Stat. 1293 Pub. L. 92420,  2 Sept. 16, 1972 86 Stat. 677 Pub. L. 98473, title II,  228(c) Oct. 12, 1984 98 Stat. 2030  Section 2902, added Pub. L. 89793, title I,  101 Nov. 8, 1966 80 Stat. 1439  Section 2903, added Pub. L. 89793, title I,  101 Nov. 8, 1966 80 Stat. 1440  Section 2904, added Pub. L. 89793, title I,  101 Nov. 8, 1966 80 Stat. 1441  Section 2905, added Pub. L. 89793, title I,  101 Nov. 8, 1966 80 Stat. 1441  Section 2906, added Pub. L. 89793, title I,  101 Nov. 8, 1966 80 Stat. 1441 CHAPTER 176 FEDERAL DEBT COLLECTION PROCEDURE    Subchapter Sec. 1 1  A. Definitions and general provisions 3001  B. Prejudgment remedies 3101  C. Postjudgments 2 2 3201  D. Fraudulent transfers 2 3301 SUBCHAPTER A DEFINITIONS AND GENERAL PROVISIONS    Sec.  3001. Applicability of chapter.  3002. Definitions.  3003. Rules of construction.  3004. Service of process; enforcement; notice.  3005. Application of chapter to judgments.  3006. Affidavit requirements.  3007. Perishable personal property.  3008. Proceedings before United States magistrate judges.  3009. United States marshals authority to designate keeper.  3010. Co-owned property.  3011. Assessment of surcharge on a debt.  3012. Joinder of additional defendant.  3013. Modification or protective order; supervision of enforcement.  3014. Exempt property.  3015. Discovery as to debtors financial condition.  Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in item 3008 pursuant to section 321 of Pub. L. 101650 section 631 of this title  3001. Applicability of chapter (a)  In General Except as provided in subsection (b), the 1 1 (1) to recover a judgment on a debt; or (2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim. (b)  Limitation To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter. (c)  Amounts Owing Other Than Debts This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4933  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 101647, title XXXVI,  3631 Nov. 29, 1990 104 Stat. 4966  (a) Except as provided in subsection (b), this Act [probably should be title, meaning title XXXVI of Pub. L. 101647 section 2044 of this title section 523 of Title 11 section 1 of this title Nov. 29, 1990 (b) (1) The amendments made by title I of this Act [probably should be subtitle A of this title, meaning subtitle A ( 3611, 3302 [3612]) of title XXXVI of Pub. L. 101647 Pub. L. 101647 (A) a claim for a debt; or (B) a judgment for a debt. (2) All notices, writs, orders, and judgments in effect in such actions shall continue in effect until superseded or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title]. (3) For purposes of this subsection (A) the term court means a Federal, State, or local court, and (B) the term debt has the meaning given such term in section and [sic] 3002(3) of such chapter.  3002. Definitions As used in this chapter: (1) Counsel for the United States means (A) a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority; and (B) any private attorney authorized by contract made in accordance with section 3718 of title 31 (2) Court means any court created by the Congress of the United States, excluding the United States Tax Court. (3) Debt means (A) an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or (B) an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States; and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a). (4) Debtor means a person who is liable for a debt or against whom there is a claim for a debt. (5) Disposable earnings means that part of earnings remaining after all deductions required by law have been withheld. (6) Earnings means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. (7) Garnishee means a person (other than the debtor) who has, or is reasonably thought to have, possession, custody, or control of any property in which the debtor has a substantial nonexempt interest, including any obligation due the debtor or to become due the debtor, and against whom a garnishment under section 3104 or 3205 is issued by a court. (8) Judgment means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt. (9) Nonexempt disposable earnings means 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act. (10) Person includes a natural person (including an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, including a State or local government or an Indian tribe. (11) Prejudgment remedy means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt. (12) Property includes any present or future interest, whether legal or equitable, in real, personal (including choses in action), or mixed property, tangible or intangible, vested or contingent, wherever located and however held (including community property and property held in trust (including spendthrift and pension trusts)), but excludes (A) property held in trust by the United States for the benefit of an Indian tribe or individual Indian; and (B) Indian lands subject to restrictions against alienation imposed by the United States. (13) Security agreement means an agreement that creates or provides for a lien. (14) State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States. (15) United States means (A) a Federal corporation; (B) an agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United States. (16) United States marshal means a United States marshal, a deputy marshal, or an official of the United States Marshals Service designated under section 564. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4933  Editorial Notes  References in Text Section 303 of the Consumer Credit Protection Act, referred to in par. (9), is classified to section 1673 of Title 15 Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3003. Rules of construction (a)  Terms For purposes of this chapter (1) the terms includes and including are not limiting; (2) the term or is not exclusive; and (3) the singular includes the plural. (b)  Effect on Rights of the United States This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law (1) to collect taxes or to collect any other amount collectible in the same manner as a tax; (2) to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case; (3) to appoint or seek the appointment of a receiver; or (4) to enforce a security agreement. (c)  Effect on Other Laws This chapter shall not be construed to supersede or modify the operation of (1) title 11; (2) admiralty law; (3)  section 3713 of title 31 (4) section 303 of the Consumer Credit Protection Act ( 15 U.S.C. 1673 (5) a statute of limitation applicable to a criminal proceeding; (6) the common law or statutory rights to set-off or recoupment; (7) any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief; (8) the authority of a court (A) to impose a sanction under the Federal Rules of Civil Procedure; (B) to appoint a receiver to effectuate its order; or (C) to exercise the power of contempt under any Federal law; (9) any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or (10) any provision of any other chapter of this title, except to the extent such provision is inconsistent with this chapter. (d)  Preemption This chapter shall preempt State law to the extent such law is inconsistent with a provision of this chapter. (e)  Effect on Rights of the United States Under Foreign and International Law This chapter shall not be construed to curtail or limit the rights of the United States under foreign law, under a treaty or an international agreement, or otherwise under international law. (f)  Applicability of Federal Rules of Civil Procedure Except as provided otherwise in this chapter, the Federal Rules of Civil Procedure shall apply with respect to actions and proceedings under this chapter. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4935  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsecs. (c)(8)(A) and (f), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3004. Service of process; enforcement; notice (a)  Manner of Service A complaint, notice, writ, or other process required to be served in an action or proceeding under this chapter shall be served in accordance with the Federal Rules of Civil Procedure unless otherwise provided in this chapter. (b)  Nationwide Enforcement (1) Except as provided in paragraph (2) (A) any writ, order, judgment, or other process, including a summons and complaint, filed under this chapter may be served in any State; and (B) such writ, order, or judgment may be enforced by the court issuing the writ, order, or process, regardless of where the person is served with the writ, order, or process. (2) If the debtor so requests, within 20 days after receiving the notice described in section 3101(d) or 3202(b), the action or proceeding in which the writ, order, or judgment was issued shall be transferred to the district court for the district in which the debtor resides. (c)  Notice and Other Process At such time as counsel for the United States considers appropriate, but not later than the time a prejudgment or postjudgment remedy is put into effect under this chapter, counsel for the United States shall exercise reasonable diligence to serve on the debtor and any person who the United States believes, after exercising due diligence, has possession, custody, or control of the property, a copy of the application for such remedy, the order granting such remedy, and the notice required by section 3101(d) or 3202(b). (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4936  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3005. Application of chapter to judgments  This chapter shall not apply with respect to a judgment on a debt if such judgment is entered more than 10 years before the effective date of this chapter. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4936  Editorial Notes  References in Text For effective date of this chapter, referred to in text, see section 3631 of Pub. L. 101647 section 3001 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3006. Affidavit requirements  Any affidavit required of the United States by this chapter may be made on information and belief, if reliable and reasonably necessary, establishing with particularity, to the courts satisfaction, facts supporting the claim of the United States. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4936  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3007. Perishable personal property (a)  Authority To Sell If at any time during any action or proceeding under this chapter the court determines on its own initiative or upon motion of any party, that any seized or detained personal property is likely to perish, waste, or be destroyed, or otherwise substantially depreciate in value during the pendency of the proceeding, the court shall order a commercially reasonable sale of such property. (b)  Deposit of Sale Proceeds Within 5 days after such sale, the proceeds shall be deposited with the clerk of the court, accompanied by a statement in writing and signed by the United States marshal, to be filed in the action or proceeding, stating the time and place of sale, the name of the purchaser, the amount received, and an itemized account of expenses. (c)  Presumption For purposes of liability on the part of the United States, there shall be a presumption that the price paid at a sale under subsection (a) is the fair market value of the property or portion. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4937  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3008. Proceedings before United States magistrate judges  A district court of the United States may assign its duties in proceedings under this chapter to a United States magistrate judge to the extent not inconsistent with the Constitution and laws of the United States. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4937 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judges substituted for United States magistrates in catchline and United States magistrate judge substituted for United States magistrate in text pursuant to section 321 of Pub. L. 101650 section 631 of this title Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3009. United States marshals authority to designate keeper  Whenever a United States marshal is authorized to seize property pursuant to this chapter, the United States marshal may designate another person or Federal agency to hold for safekeeping such property seized. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4937  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3010. Co-owned property (a)  Limitation The remedies available to the United States under this chapter may be enforced against property which is co-owned by a debtor and any other person only to the extent allowed by the law of the State where the property is located. This section shall not be construed to limit any right or interest of a debtor or co-owner in a retirement system for Federal military or civilian personnel established by the United States or any agency thereof or in a qualified retirement arrangement. (b)  Definitions For purposes of subsection (a) (1) the term retirement system for Federal military or civilian personnel means a pension or annuity system for Federal military or civilian personnel of more than one agency, or for some or all of such personnel of a single agency, established by statute or by regulation pursuant to statutory authority; and (2) the term qualified retirement arrangement means a plan qualified under section 401(a), 403(a), or 409 of the Internal Revenue Code of 1986 or a plan that is subject to the requirements of section 205 of the Employee Retirement Income Security Act of 1974. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4937  Editorial Notes  References in Text Sections 401(a), 403(a), and 409 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), are classified to sections 401(a), 403(a), and 409, respectively, of Title 26, Internal Revenue Code. Section 205 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (b)(2), is classified to section 1055 of Title 29 Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3011. Assessment of surcharge on a debt (a)  Surcharge Authorized In an action or proceeding under subchapter B or C, and subject to subsection (b), the United States is entitled to recover a surcharge of 10 percent of the amount of the debt in connection with the recovery of the debt, to cover the cost of processing and handling the litigation and enforcement under this chapter of the claim for such debt. (b)  Limitation Subsection (a) shall not apply if (1) the United States receives an attorneys fee in connection with the enforcement of the claim; or (2) the law pursuant to which the action on the claim is based provides any other amount to cover such costs. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4937  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3012. Joinder of additional defendant  The United States or the debtor may join as an additional defendant in an action or proceeding under this chapter any person reasonably believed to owe money (including money owed on account of a requirement to provide goods or services pursuant to a loan or loan guarantee extended under Federal law) to the debtor arising out of the transaction or occurrence giving rise to a debt. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4938  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3013. Modification or protective order; supervision of enforcement  The court may at any time on its own initiative or the motion of any interested person, and after such notice as it may require, make an order denying, limiting, conditioning, regulating, extending, or modifying the use of any enforcement procedure under this chapter. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4938  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3014. Exempt property (a)  Election To Exempt Property An individual debtor may, in an action or proceeding under this chapter, elect to exempt property listed in either paragraph (1) or, in the alternative, paragraph (2). If such action or proceeding is against debtors who are husband and wife, one debtor may not elect to exempt property listed in paragraph (1) and the other debtor elect to exempt property listed in paragraph (2). If the debtors cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (1). Such property is either (1) property that is specified in section 522(d) of title 11 (2) (A) any property that is exempt under Federal law, other than paragraph (1), or State or local law that is applicable on the date of the filing of the application for a remedy under this chapter at the place in which the debtors domicile has been located for the 180 days immediately preceding the date of the filing of such application, or for a longer portion of such 180-day period than in any other place; and (B) any interest in property in which the debtor had, immediately before the filing of such application, an interest as a tenant by the entirety or joint tenant, or an interest in a community estate, to the extent that such interest is exempt from process under applicable nonbankruptcy law. (b)  Effect on Assertion and Manner of Determination. (1)  Statement A court may order the debtor to file a statement with regard to any claimed exemption. A copy of such statement shall be served on counsel for the United States. Such statement shall be under oath and shall describe each item of property for which exemption is claimed, the value and the basis for such valuation, and the nature of the debtors ownership interest. (2)  Hearing The United States or the debtor, by application to the court in which an action or proceeding under this chapter is pending, may request a hearing on the applicability of any exemption claimed by the debtor. The court shall determine the extent (if any) to which the exemption applies. Unless it is reasonably evident that the exemption applies, the debtor shall bear the burden of persuasion. (3)  Stay of Disposition Assertion of an exemption shall prevent the United States from selling or otherwise disposing of the property for which such exemption is claimed until the court determines whether the debtor has a substantial nonexempt interest in such property. The United States may not take possession of, dispose of, sell, or otherwise interfere with the debtors normal use and enjoyment of an interest in property the United States knows or has reason to know is exempt. (c)  Debtors in Joint Cases Subject to the limitation in subsection (a), this section shall apply separately with respect to each debtor in a joint case. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4938  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3015. Discovery as to debtors financial condition (a)  In General Except as provided in subsection (b), in an action or proceeding under subchapter B or C, the United States may have discovery regarding the financial condition of the debtor in the manner in which discovery is authorized by the Federal Rules of Civil Procedure in an action on a claim for a debt. (b)  Limitation Subsection (a) shall not apply with respect to an action or proceeding under subchapter B unless there is a reasonable likelihood that the debt involved exceeds $50,000. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4939  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title SUBCHAPTER B PREJUDGMENT REMEDIES    Sec.  3101. Prejudgment remedies.  3102. Attachment.  3103. Receivership.  3104. Garnishment.  3105. Sequestration.  3101. Prejudgment remedies  (a) Application (2) Such application shall be filed with the court and shall set forth the factual and legal basis for each prejudgment remedy sought. (3) Such application shall (A) state that the debtor against whom the prejudgment remedy is sought shall be afforded an opportunity for a hearing; and (B) set forth with particularity that all statutory requirements under this chapter for the issuance of the prejudgment remedy sought have been satisfied. (b) Grounds (1) the debtor (A) is about to leave the jurisdiction of the United States with the effect of hindering, delaying, or defrauding the United States in its effort to recover a debt; (B) has or is about to assign, dispose, remove, conceal, ill treat, waste, or destroy property with the effect of hindering, delaying, or defrauding the United States; (C) has or is about to convert the debtors property into money, securities, or evidence of debt in a manner prejudicial to the United States with the effect of hindering, delaying, or defrauding the United States; or (D) has evaded service of process by concealing himself or has temporarily withdrawn from the jurisdiction of the United States with the effect of hindering, delaying, or defrauding the United States; or (2) a prejudgment remedy is required to obtain jurisdiction within the United States and the prejudgment remedy sought will result in obtaining such jurisdiction. (c) Affidavit (2) The affidavit shall state (A) specifically the amount of the debt claimed by the United States and any interest or costs attributable to such debt; (B) one or more of the grounds specified in subsection (b); and (C) the requirements of section 3102(b), 3103(a), 3104(a), or 3105(b), as the case may be. (3) No bond is required of the United States. (d) Notice and Hearing notice You are hereby notified that this [property] is being taken by the United States Government (the Government), which says that [name of debtor] owes it a debt of $ [amount] for [reason for debt] and has filed a lawsuit to collect this debt. The Government says it must take this property at this time because [recite the pertinent ground or grounds from section 3101(b)]. The Government wants to make sure [name of debtor] will pay if the court determines that this money is owed. In addition, you are hereby notified that there are exemptions under the law which may protect some of this property from being taken by the Government if [name of debtor] can show that the exemptions apply. Below is a summary of the major exemptions which apply in most situations in the State of [State where property is located]: [A statement summarizing in plain and understandable English the election available with respect to such State under section 3014 and the types of property that may be exempted under each of the alternatives specified in paragraphs (1) and (2) of section 3014(a), and a statement that different property may be so exempted with respect to the State in which the debtor resides.] If you are [name of debtor] and you disagree with the reason the Government gives for taking your property now, or if you think you do not owe the money to the Government that it says you do, or if you think the property the Government is taking qualifies under one of the above exemptions, you have a right to ask the court to return your property to you. If you want a hearing, you must promptly notify the court. You must make your request in writing, and either mail it or deliver it in person to the clerk of the court at [address]. If you wish, you may use this notice to request the hearing by checking the box below and mailing this notice to the court clerk. You must also send a copy of your request to the Government at [address], so the Government will know you want a hearing. The hearing will take place within 5 days after the clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible. At the hearing you may explain to the judge why you think you do not owe the money to the Government, why you disagree with the reason the Government says it must take your property at this time, or why you believe the property the Government has taken is exempt or belongs to someone else. You may make any or all of these explanations as you see fit. If you think you live outside the Federal judicial district in which the court is located, you may request, not later than 20 days after you receive this notice, that this proceeding to take your property be transferred by the court to the Federal judicial district in which you reside. You must make your request in writing, and either mail it or deliver it in person to the clerk of the court at [address]. You must also send a copy of your request to the Government at [address], so the Government will know you want the proceeding to be transferred. Be sure to keep a copy of this notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you to other sources of information. (2) By requesting, at any time before judgment on the claim for a debt, the court to hold a hearing, the debtor may move to quash the order granting such remedy. The court shall hold a hearing on such motion as soon as practicable, or, if requested by the debtor, within 5 days after receiving the request for a hearing or as soon thereafter as possible. The issues at such hearing shall be limited to (A) the probable validity of the claim for the debt for which such remedy was granted and of any defense or claim of exemption asserted by such person; (B) compliance with any statutory requirement for the issuance of the prejudgment remedy granted; (C) the existence of any ground set forth in subsection (b); and (D) the inadequacy of alternative remedies (if any) to protect the interests of the United States. (e) Issuance of Writ (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4939  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3102. Attachment (a)  Property Subject to Attachment (1) Any property in the possession, custody, or control of the debtor and in which the debtor has a substantial nonexempt interest, except earnings, may be attached pursuant to a writ of attachment in an action or proceeding against a debtor on a claim for a debt and may be held as security to satisfy such judgment, and interest and costs, as the United States may recover on such claim. (2) The value of property attached shall not exceed the amount by which the sum of the amount of the debt claimed by the United States and the amount of interest and costs reasonably likely to be assessed against the debtor by the court exceeds the aggregate value of the nonexempt interest of the debtor in any (A) property securing the debt; and (B) property garnished or in receivership, or income sequestered, under this subchapter. (b)  Availability of Attachment If the requirements of section 3101 are satisfied, a court shall issue a writ authorizing the United States to attach property in which the debtor has a substantial nonexempt interest, as security for such judgment (and interest and costs) as the United States may recover on a claim for a debt (1) in an action on a contract, express or implied, against the debtor for payment of money, only if the United States shows reasonable cause to believe that (A) the contract is not fully secured by real or personal property; or (B) the value of the original security is substantially diminished, without any act of the United States or the person to whom the security was given, below the amount of the debt; (2) in an action against the debtor for damages in tort; (3) if the debtor resides outside the jurisdiction of the United States; or (4) in an action to recover a fine, penalty, or tax. (c)  Issuance of Writ; Contents (1) Subject to subsections (a) and (b), a writ of attachment shall be issued by the court directing the United States marshal of the district where property described in subsection (a) is located to attach the property. (2) Several writs of attachment may be issued at the same time, or in succession, and sent to different judicial districts until sufficient property is attached. (3) The writ of attachment shall contain (A) the date of the issuance of the writ; (B) the identity of the court, the docket number of the action, and the identity of the cause of action; (C) the name and last known address of the debtor; (D) the amount to be secured by the attachment; and (E) a reasonable description of the property to be attached. (d)  Levy of Attachment (1) The United States marshal receiving the writ shall proceed without delay to levy upon the property specified for attachment if found within the district. The marshal may not sell property unless ordered by the court. (2) In performing the levy, the United States marshal may enter any property owned, occupied, or controlled by the debtor, except that the marshal may not enter a residence or other building unless the writ expressly authorizes the marshal to do so or upon specific order of the court. (3) Levy on real property is made by entering the property and posting the writ and notice of levy in a conspicuous place upon the property. (4) Levy on personal property is made by taking possession of it. Levy on personal property not easily taken into possession or which cannot be taken into possession without great inconvenience or expense may be made by affixing a copy of the writ and notice of levy on it or in a conspicuous place in the vicinity of it describing in the notice of levy the property by quantity and with sufficient detail to identify the property levied on. (5) The United States marshal shall file a copy of the notice of levy in the same manner as provided for judgments in section 3201(a)(1). The United States marshal shall serve a copy of the writ and notice of levy on (A) the debtor against whom the writ is issued; and (B) the person who has possession of the property subject to the writ; in the same manner that a summons is served in a civil action and make the return thereof. (e)  Return of Writ; Duties of Marshal; Further Return (1) A United States marshal executing a writ of attachment shall return the writ with the marshals action endorsed thereon or attached thereto and signed by the marshal, to the court from which it was issued, within 5 days after the date of the levy. (2) The return shall describe the property attached with sufficient certainty to identify it and shall state the location where it was attached, the date and time it was attached, and the disposition made of the property. If no property was attached, the return shall so state. (3) If the property levied on is claimed, replevied under subsection (j)(2), or sold under section 3007 after the return, the United States marshal shall immediately make a further return to the clerk of the court showing the disposition of the property. (4) If personal property is replevied, the United States marshal shall deliver the replevin bond to the clerk of the court to be filed in the action. (f)  Levy of Attachment as Lien on Property; Satisfaction of Lien (1) A levy on property under a writ of attachment under this section creates a lien in favor of the United States on the property or, in the case of perishable property sold under section 3007, on the proceeds of the sale. (2) Such lien shall be ranked ahead of any other security interests perfected after the later of the time of levy and the time a copy of the notice of levy is filed under subsection (d)(5). (3) Such lien shall arise from the time of levy and shall continue until a judgment in the action is obtained or denied, or the action is otherwise dismissed. The death of the debtor whose property is attached does not terminate the attachment lien. Upon issuance of a judgment in the action and registration under this chapter, the judgment lien so created relates back to the time of levy. (g)  Reduction or Dissolution of Attachment (1) If an excessive or unreasonable attachment is made, the debtor may submit a motion to the court for a reduction of the amount of the attachment or its dissolution. Notice of such motion shall be served on the United States. (2) The court shall order a part of the property to be released, if after a hearing the court finds that the amount of the attachment is excessive or unreasonable or if the attachment is for an amount larger than the sum of the liquidated or ascertainable amount of the debt and the amount of interest and costs likely to be taxed. (3) The court shall dissolve the attachment if the amount of the debt is unliquidated and unascertainable by calculation. (4) If any property claimed to be exempt is levied on, the debtor may, at any time after such levy, request that the court vacate such levy. If it appears to the court that the property so levied upon is exempt, the court shall order the levy vacated and the property returned to the debtor. (h)  Replevin of Attached Property by Debtor; Bond If attached property is not sold before judgment, the debtor may replevy such property or any part thereof by giving a bond approved by counsel for the United States or the court and payable to the United States in double the reasonable value of the property to be replevied or double the value of the claim, whichever is less. (i)  Preservation of Personal Property Under Attachment If personal property in custody of the United States marshal under a writ of attachment is not replevied, claimed, or sold, the court may make such order for its preservation or use as appears to be in the interest of the parties. (j)  Judgment and Disposition of Attached Property. (1)  Judgment for the united states On entry of judgment for the United States, the court shall order the proceeds of personal property sold pursuant to section 3007 to be applied to the satisfaction of the judgment, and shall order the sale of any remaining personal property and any real property levied on to the extent necessary to satisfy the judgment. (2)  Judgment for the united states when personal property replevied With respect to personal property under attachment that is replevied, the judgment which may be entered shall be against the debtor against whom the writ of attachment is issued and also against the sureties on the debtors replevin bond for the value of the property. (3)  Restoration of property and exoneration of replevin bond If the attachment is vacated or if the judgment on the claim for the debt is for the person against whom the writ attachment is issued, the court shall order the property, or proceeds of perishable property sold under section 3007, restored to the debtor and shall exonerate any replevin bond. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4942  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3103. Receivership (a)  Appointment of a Receiver If the requirements of section 3101 are satisfied, a court may appoint a receiver for property in which the debtor has a substantial nonexempt interest if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, concealed, materially injured or damaged, or mismanaged. (b)  Powers of Receiver (1) The appointing court may authorize a receiver (A) to take possession of real and personal property and sue for, collect, and sell obligations upon such conditions and for such purposes as the court shall direct; and (B) to administer, collect, improve, lease, repair or sell pursuant to section 3007 such real and personal property as the court shall direct. A receiver appointed to manage residential or commercial property shall have demonstrable expertise in the management of these types of property. (2) Unless expressly authorized by order of the court, a receiver shall have no power to employ attorneys, accountants, appraisers, auctioneers, or other professional persons. (c)  Duration of Receivership A receivership shall not continue past the entry of judgment, or the conclusion of an appeal of such judgment, unless the court orders it continued under section 3203(e) or unless the court otherwise directs its continuation. (d)  Accounts; Requirement to Report A receiver shall keep written accounts itemizing receipts and expenditures, describing the property and naming the depository of receivership funds. The receivers accounts shall be open to inspection by any person having an apparent interest in the property. The receiver shall file reports at regular intervals as directed by the court and shall serve the debtor and the United States with a copy thereof. (e)  Modification of Powers; Removal On motion of the receiver or on its own initiative, the court which appointed the receiver may remove the receiver or modify the receivers powers at any time. (f)  Priority If more than one court appoints a receiver for particular property, the receiver first qualifying under law shall be entitled to take possession, control, or custody of the property. (g)  Compensation of Receivers (1) A receiver is entitled to such commissions, not exceeding 5 percent of the sums received and disbursed by him, as the court allows unless the court otherwise directs. (2) If, at the termination of a receivership, there are no funds in the hands of a receiver, the court may fix the compensation of the receiver in accordance with the services rendered and may direct the party who moved for the appointment of the receiver to pay such compensation in addition to the necessary expenditures incurred by the receiver which remain unpaid. (3) At the termination of a receivership, the receiver shall file a final accounting of the receipts and disbursements and apply for compensation setting forth the amount sought and the services rendered by the receiver. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4944  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3104. Garnishment (a)  In General If the requirements of section 3101 are satisfied, a court may issue a writ of garnishment against property (excluding earnings) in which the debtor has a substantial nonexempt interest and which is in the possession, custody, or control of a person other than the debtor in order to satisfy a claim for a debt. Co-owned property shall be subject to garnishment to the same extent as co-owned property is subject to garnishment under the law of the State in which such property is located. A court may issue simultaneous separate writs of garnishment to several garnishees. A writ of garnishment issued under this subsection shall be continuing and shall terminate only as provided in section 3205(c)(10). (b)  Writ (1) Subsections (b)(2) and (c) of section 3205 shall apply with respect to garnishment under this section, except that for purposes of this section (A) earnings of the debtor shall not be subject to garnishment; and (B) a reference in such subsections to a judgment debtor shall be deemed to be a reference to a debtor. (2) The United States shall include in its application for a writ of garnishment (A) the amount of the claim asserted by the United States for a debt; and (B) the date the writ is issued. (c)  Limitation The value of property garnished shall not exceed the amount by which the sum of the amount of the debt claimed by the United States and the amount of interest and costs reasonably likely to be assessed against the debtor by the court exceeds the aggregate value of the nonexempt interest of the debtor in any (1) property securing the debt; and (2) property attached or in receivership, or income sequestered, under this subchapter. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4945  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3105. Sequestration (a)  Property Subject to Sequestration (1) Any income from property in which the debtor has a substantial nonexempt interest may be sequestered pursuant to a writ of sequestration in an action or proceeding against a debtor on a claim for a debt and may be held as security to satisfy such judgment, and interest and costs, as the United States may recover on such claim. (2) The amount of income sequestered shall not exceed the amount by which the sum of the amount of the debt claimed by the United States and the amount of interest and costs reasonably likely to be assessed against the debtor by the court exceeds the aggregate value of the nonexempt interest of the debtor in any (A) property securing the debt; and (B) property attached, garnished, or in receivership under this subchapter. (b)  Availability of Sequestration If the requirements of section 3101 are satisfied, a court shall issue a writ authorizing the United States to sequester income from property in which the debtor has a substantial nonexempt interest, as security for such judgment (and interest and costs) as the United States may recover on a claim for a debt (1) in an action on a contract, express or implied, against the debtor for payment of money, only if the United States shows reasonable cause to believe that (A) the contract is not fully secured by real or personal property; or (B) the value of the original security is substantially diminished, without any act of the United States or the person to whom the security was given, below the amount of the debt; (2) in an action against the debtor for damages in tort; (3) if the debtor resides outside the jurisdiction of the United States; or (4) in an action to recover a fine, penalty, or tax. (c)  Issuance of Writ; Contents (1) Subject to subsections (a) and (b), a writ of sequestration shall be issued by the court directing the United States marshal of the district where income described in subsection (a) is located to sequester the income. (2) Several writs of sequestration may be issued at the same time, or in succession, and sent to different judicial districts until sufficient income is sequestered. (3) The writ of sequestration shall contain (A) the date of the issuance of the writ; (B) the identity of the court, the docket number of the action, and the identity of the cause of action; (C) the name and last known address of the debtor; (D) the amount to be secured by the sequestration; and (E) a reasonable description of the income to be sequestered. (d)  Execution of Writ (1) The United States marshal receiving the writ shall proceed without delay to execute the writ. (2) The United States marshal shall file a copy of the notice of sequestration in the same manner as provided for judgments in section 3201(a)(1). The United States marshal shall serve a copy of the writ and notice of sequestration on (A) the debtor against whom the writ is issued; and (B) the person who has possession of the income subject to the writ; in the same manner that a summons is served in a civil action and make the return thereof. (e)  Deposit of Sequestered Income A person who has possession of the income subject to a writ of sequestration shall deposit such income with the clerk of the court, accompanied by a statement in writing stating the persons name, the name of the debtor, the amount of such income, the property from which such income is produced, and the period during which such income is produced. (f)  Return of Writ; Duties of Marshal; Further Return (1) A United States marshal executing a writ of sequestration shall return the writ with the marshals action endorsed thereon or attached thereto and signed by the marshal, to the court from which it was issued, within 5 days after the date of the execution. (2) The return shall describe the income sequestered with sufficient certainty to identify it and shall state the location where it was sequestered, and the date and time it was sequestered. If no income was sequestered, the return shall so state. (3) If sequestered income is claimed after the return, the United States marshal shall immediately make a further return to the clerk of the court showing the disposition of the income. (g)  Reduction or Dissolution of Sequestration (1) If an excessive or unreasonable sequestration is made, the debtor may submit a motion to the court for a reduction of the amount of the sequestration or its dissolution. Notice of such motion shall be served on the United States. (2) The court shall order a part of the income to be released, if after a hearing the court finds that the amount of the sequestration is excessive or unreasonable or if the sequestration is for an amount larger than the sum of the liquidated or ascertainable amount of the debt and the amount of interest and costs likely to be taxed. (3) The court shall dissolve the sequestration if the amount of the debt is unliquidated and unascertainable by calculation. (h)  Preservation of Income Under Sequester If personal property in custody of the United States marshal under a writ of sequestration is not claimed, the court may make such order for its preservation or use as appears to be in the interest of the parties. (i)  Judgment and Disposition of Sequestered Income. (1)  Judgment for the united states On entry of judgment for the United States, the court shall order the sequestered income to be applied to the satisfaction of the judgment. (2)  Restoration of income If the sequestration is vacated or if the judgment on the claim for the debt is for the person against whom the writ of sequestration is issued, the court shall order the income restored to the debtor. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4946  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title SUBCHAPTER C POSTJUDGMENT REMEDIES    Sec.  3201. Judgment liens.  3202. Enforcement of judgments.  3203. Execution.  3204. Installment payment order.  3205. Garnishment.  3206. Discharge.  3201. Judgment liens (a)  Creation A judgment in a civil action shall create a lien on all real property of a judgment debtor on filing a certified copy of the abstract of the judgment in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986. A lien created under this paragraph is for the amount necessary to satisfy the judgment, including costs and interest. (b)  Priority of Lien A lien created under subsection (a) shall have priority over any other lien or encumbrance which is perfected later in time. (c)  Duration of Lien; Renewal (1) Except as provided in paragraph (2), a lien created under subsection (a) is effective, unless satisfied, for a period of 20 years. (2) Such lien may be renewed for one additional period of 20 years upon filing a notice of renewal in the same manner as the judgment is filed and shall relate back to the date the judgment is filed if (A) the notice of renewal is filed before the expiration of the 20-year period to prevent the expiration of the lien; and (B) the court approves the renewal of such lien under this paragraph. (d)  Release of Judgment Lien A judgment lien shall be released on the filing of a satisfaction of judgment or release of lien in the same manner as the judgment is filed to obtain the lien. (e)  Effect of Lien on Eligibility for Federal Grants, Loans or Programs A debtor who has a judgment lien against the debtors property for a debt to the United States shall not be eligible to receive any grant or loan which is made, insured, guaranteed, or financed directly or indirectly by the United States or to receive funds directly from the Federal Government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. The agency of the United States that is responsible for such grants and loans may promulgate regulations to allow for waiver of this restriction on eligibility for such grants, loans, and funds. (f)  Sale of Property Subject to Judgment Lien (1) On proper application to a court, the court may order the United States to sell, in accordance with sections 2001 and 2002, any real property subject to a judgment lien in effect under this section. (2) This subsection shall not preclude the United States from using an execution sale pursuant to section 3203(g) to sell real property subject to a judgment lien. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4948  Editorial Notes  References in Text Section 6323(f) of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 6323(f) of Title 26 Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3202. Enforcement of judgments  (a) Enforcement Remedies section 1651 of title 28 (b) Notice Notice You are hereby notified that this [property] is being taken by the United States Government, which has a court judgment in [case docket number and jurisdiction of court] of $[amount] for [reason of debt]. In addition, you are hereby notified that there are exemptions under the law which may protect some of this property from being taken by the United States Government if [name of judgment debtor] can show that the exemptions apply. Below is a summary of the major exemptions which apply in most situations in the State of [State where property is located]: [A statement summarizing in plain and understandable English the election available with respect to such State under section 3014 and the types of property that may be exempted under each of the alternatives specified in paragraphs (1) and (2) of section 3014(a) and a statement that different property may be so exempted with respect to the State in which the debtor resides.] If you are [name of judgment debtor], you have a right to ask the court to return your property to you if you think the property the Government is taking qualifies under one of the above exemptions [For a default judgment:] or if you think you do not owe the money to the United States Government that it says you do. If you want a hearing, you must notify the court within 20 days after you receive this notice. You must make your request in writing, and either mail it or deliver it in person to the clerk of the court at [address]. If you wish, you may use this notice to request the hearing by checking the box below and mailing this notice to the court clerk. You must also send a copy of your request to the Government at [address], so the Government will know you want a hearing. The hearing will take place within 5 days after the clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible. At the hearing you may explain to the judge why you believe the property the Government has taken is exempt [For a default judgment:] or why you think you do not owe the money to the Government. [For a writ of execution:] If you do not request a hearing within 20 days of receiving this notice, your [property] may be sold at public auction and the payment used toward the money you owe the Government. If you think you live outside the Federal judicial district in which the court is located, you may request, not later than 20 days after your 1 1 Be sure to keep a copy of this notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you to other sources of information. (c) Service (d) Hearing (1) to the probable validity of any claim of exemption by the judgment debtor; (2) to compliance with any statutory requirement for the issuance of the postjudgment remedy granted; and (3) if the judgment is by default and only to the extent that the Constitution or another law of the United States provides a right to a hearing on the issue, to (A) the probable validity of the claim for the debt which is merged in the judgment; and (B) the existence of good cause for setting aside such judgment. This subparagraph shall not be construed to afford the judgment debtor the right to more than one such hearing except to the extent that the Constitution or another law of the United States provides a right to more than one such hearing. (e) Sale of Property (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4949  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3203. Execution (a)  Property Subject to Execution All property in which the judgment debtor has a substantial nonexempt interest shall be subject to levy pursuant to a writ of execution. The debtors earnings shall not be subject to execution while in the possession, custody, or control of the debtors employer. Co-owned property shall be subject to execution to the extent such property is subject to execution under the law of the State in which it is located. (b)  Creation of Execution Lien A lien shall be created in favor of the United States on all property levied on under a writ of execution and shall date from the time of the levy. Such lien shall have priority over all subsequent liens and shall be for the aggregate amount of the judgment, costs, and interest. The execution lien on any real property as to which the United States has a judgment lien shall relate back to the judgment lien date. (c)  Writ of Execution. (1)  Issuance On written application of counsel for the United States, the court may issue a writ of execution. Multiple writs may issue simultaneously, and successive writs may issue before the return date of a writ previously issued. (2)  Form of writ. (A)  General contents A writ of execution shall specify the date that the judgment is entered, the court in which it is entered, the amount of the judgment if for money, the amount of the costs, the amount of interest due, the sum due as of the date the writ is issued, the rate of postjudgment interest, the name of the judgment debtor, and the judgment debtors last known address. (B)  Additional contents (i) Except as provided in clauses (ii) and (iii), the writ shall direct the United States marshal to satisfy the judgment by levying on and selling property in which the judgment debtor has a substantial nonexempt interest, but not to exceed property reasonably equivalent in value to the aggregate amount of the judgment, costs, and interest. (ii) A writ of execution issued on a judgment for the delivery to the United States of the possession of personal property, or for the delivery of the possession of real property, shall particularly describe the property, and shall require the marshal to deliver the possession of the property to the United States. (iii) A writ of execution on a judgment for the recovery of personal property or its value shall direct the marshal, in case a delivery of the specific property cannot be had, to levy and collect such value out of any property in which the judgment debtor has a substantial nonexempt interest. (d)  Levy of Execution. (1)  In general Levy on property pursuant to a writ of execution issued under this section shall be made in the same manner as levy on property is made pursuant to a writ of attachment issued under section 3102(d). (2)  Death of judgment debtor The death of the judgment debtor after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ shall be recognized and enforced by the court for the district in which the estate of the deceased is located. The execution lien may be enforced (A) against the executor, administrator, or personal representative of the estate of the deceased; or (B) if there be none, against the deceaseds property coming to the heirs or devisees or at their option against cash in their possession, but only to the extent of the value of the property coming to them. (3)  Records of united states marshal (A) A United States marshal receiving a writ of execution shall endorse thereon the exact hour and date of receipt. (B) The United States marshal shall make a written record of every levy, specify the property on which levy is made, the date on which levy is made, and the marshals costs, expenses, and fees. (C) The United States marshal shall make a written return to the court on each writ of execution stating concisely what is done pursuant to the writ and shall deliver a copy to counsel for the United States who requests the writ. The writ shall be returned not more than (i) 90 days after the date of issuance if levy is not made; or (ii) 10 days after the date of sale of property on which levy is made. (e)  Appointment of Receiver Pending the levy of execution, the court may appoint a receiver to manage property described in such writ if there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, materially injured or damaged, or mismanaged. (f)  Replevy; Redemption. (1)  Before execution sale (A) Before execution sale, the United States marshal may return property 1 1 (i) satisfaction of the judgment, interest, and costs, and any costs incurred in connection with scheduling the sale; or (ii) receipt from the judgment debtor of a bond (I) payable to the United States, with 2 or more good and sufficient sureties to be approved by the marshal, conditioned on the delivery of the property to the marshal at the time and place named in the bond to be sold under subsection (g); or (II) for the payment to the marshal of a fair value thereof which shall be stated in the bond. (B) A judgment debtor who sells or disposes of property replevied under subparagraph (A) shall pay the United States marshal the stipulated value of such property. (C) If the judgment debtor fails to deliver such property to the United States marshal pursuant to the terms of the delivery described in subparagraph (A)(ii)(I) and fails to pay the United States marshal the stipulated value of such property, the United States marshal shall endorse the bond forfeited and return it to the court from which the writ of execution issued. If the judgment is not fully satisfied, the court shall issue a writ of execution against the judgment debtor and the sureties on the bond for the amount due, not exceeding the stipulated value of the property, on which execution no delivery bond shall be taken, which instruction shall be endorsed on the writ. (2)  After execution sale The judgment debtor shall not be entitled to redeem the property after the execution sale. (g)  Execution Sale. (1)  General procedures An execution sale under this section shall be conducted in a commercially reasonable manner (A)  Sale of real property. (i)  In general (I) Except as provided in clause (ii), real property, or any interest therein, shall be sold, after the expiration of the 90-day period beginning on the date of levy under subsection (d), for cash at public auction at the courthouse of the county, parish, or city in which the greater part of the property is located or on the premises or some parcel thereof. (II) The court may order the sale of any real property after the expiration of the 30-day period beginning on the date of levy under subsection (d) if the court determines that such property is likely to perish, waste, be destroyed, or otherwise substantially depreciate in value during the 90-day period beginning on the date of levy. (III) The time and place of sale of real property, or any interest therein, under execution shall be advertised by the United States marshal, by publication of notice, once a week for at least 3 weeks prior to the sale, in at least one newspaper of general circulation in the county or parish where the property is located. The first publication shall appear not less than 25 days preceding the day of sale. The notice shall contain a statement of the authority by which the sale is to be made, the time of levy, the time and place of sale, and a brief description of the property to be sold, sufficient to identify the property (such as a street address for urban property and the survey identification and location for rural property), but it shall not be necessary for the notice to contain field notes. Such property shall be open for inspection and appraisal, subject to the judgment debtors reasonable objections, for a reasonable period before the day of sale. (IV) The United States marshal shall serve written notice of public sale by personal delivery, or certified or registered mail, to each person whom the marshal has reasonable cause to believe, after a title search is conducted by the United States, has an interest in property under execution, including lienholders, co-owners, and tenants, at least 25 days before the day of sale, to the last known address of each such person. (ii)  Sale of city lots If the real property consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel shall be offered for sale separately, unless not susceptible to separate sale because of the character of improvements. (iii)  Sale of rural property If the real property is not located in a city or town, the judgment debtor may (I) divide the property into lots of not less than 50 acres or in such greater or lesser amounts as ordered by the court; (II) furnish a survey of such prepared by a registered surveyor; and (III) designate the order in which those lots shall be sold. When a sufficient number of lots are sold to satisfy the amount of the execution and costs of sale, the marshal shall stop the sale. (B)  Sale of personal property (i) Personal property levied on shall be offered for sale on the premises where it is located at the time of levy, at the courthouse of the county, parish or city wherein it is located, or at another location if ordered by the court. Personal property susceptible of being exhibited shall not be sold unless it is present and subject to the view of those attending the sale unless (I) the property consists of shares of stock in corporations; (II) by reason of the nature of the property, it is impractical to exhibit it; or (III) the debtors interest in the property does not include the right to the exclusive possession. (ii) (I) Except as provided in subclause (II), personal property, or any interest therein, shall be sold after the expiration of the 30-day period beginning on the date of levy under subsection (d). (II) The court may order the sale of any personal property before the expiration of such 30-day period if the court determines that such property is likely to perish, waste, be destroyed, or otherwise substantially depreciate in value during such 30-day period. (iii) Notice of the time and place of the sale of personal property shall be given by the United States marshal by posting notice thereof for not less than 10 days successively immediately before the day of sale at the courthouse of any county, parish, or city, and at the place where the sale is to be made. (iv) The United States marshal shall serve written notice of public sale by personal delivery, or registered or certified mail at their last known addresses, on the judgment debtor and other persons who the marshal has reasonable cause to believe, after diligent inquiry, have a substantial interest in the property. (2)  Postponement of sale The United States marshal may postpone an execution sale from time to time by continuing the required posting or publication of notice until the date to which the sale is postponed, and appending, at the foot of each such notice of a current copy of the following: The above sale is postponed until the        day of          , 19  , at    oclock   .M.,            , United States Marshal for the District of            , by                , Deputy, dated            . (3)  Sale procedures. (A)  Bidding requirements A bidder at an execution sale of property, may be required by the United States marshal to make a cash deposit of as much as 20 percent of the sale price proposed before the bid is accepted. (B)  Resale of property If the terms of the sale are not complied with by the successful bidder, the United States marshal shall proceed to sell the property again on the same day if there is sufficient time. If there is insufficient time, the marshal shall schedule and notice a subsequent sale of the property as provided in paragraphs (1) and (2). (4)  Rights and liabilities of purchasers. (A)  Transfer of title after sale. (i) If property is sold under this subsection and the successful bidder complies with the terms of the sale, the United States marshal shall execute and deliver all documents necessary to transfer to the successful bidder, without warranty, all the rights, titles, interests, and claims of the judgment debtor in the property. (ii) If the successful bidder dies before execution and delivery of the documents needed to transfer ownership, the United States marshal shall execute and deliver them to the successful bidders estate. Such delivery to the estate shall have the same effect as if accomplished during the lifetime of the purchaser. (B)  Purchaser considered innocent purchaser without notice The purchaser of property sold under execution shall be deemed to be an innocent purchaser without notice if the purchaser would have been considered an innocent purchaser without notice had the sale been made voluntarily and in person by the judgment debtor. (C)  Liability of successful bidder who fails to comply A successful bidder at an execution sale who fails to comply with the terms of the sale shall forfeit to the United States the cash deposit or, at the election of the United States, shall be liable to the United States, on a subsequent sale of the property, for all net losses incurred by the United States as a result of such failure. (h)  Disposition of Proceeds; Further Levy. (1)  Distribution of sale proceeds (A) The United States marshal shall first deliver to the judgment debtor such amounts to which the judgment debtor is entitled from the sale of partially exempt property. (B) The United States marshal shall next deduct from the proceeds of an execution sale of property an amount equal to the reasonable expenses incurred in making the levy of execution and in keeping and maintaining the property. (C) Except as provided in subparagraph (D), the United States marshal shall deliver the balance of the proceeds to the counsel for the United States as soon as practicable. (D) If more proceeds are received from the execution sale than is necessary to satisfy the executions held by the United States marshal, the marshal shall pay the surplus to the judgment debtor. (2)  Further levy if execution not satisfied If the proceeds of the execution sale of the property levied on are insufficient to satisfy the execution, the United States marshal shall proceed on the same writ of execution to levy other property of the judgment debtor. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4950  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3204. Installment payment order (a)  Authority To Issue Order Subject to subsection (c), if it is shown that the judgment debtor (1) is receiving or will receive substantial nonexempt disposable earnings from self employment that are not subject to garnishment; or (2) is diverting or concealing substantial earnings from any source, or property received in lieu of earnings; then upon motion of the United States and notice to the judgment debtor, the court may, if appropriate, order that the judgment debtor make specified installment payments to the United States. Notice of the motion shall be served on the judgment debtor in the same manner as a summons or by registered or certified mail, return receipt requested. In fixing the amount of the payments, the court shall take into consideration after a hearing, the income, resources, and reasonable requirements of the judgment debtor and the judgment debtors dependents, any other payments to be made in satisfaction of judgments against the judgment debtor, and the amount due on the judgment in favor of the United States. (b)  Modification of Order On motion of the United States or the judgment debtor, and upon a showing that the judgment debtors financial circumstances have changed or that assets not previously disclosed by the judgment debtor have been discovered, the court may modify the amount of payments, alter their frequency, or require full payment. (c)  Limitation (1) An order may not be issued under subsection (a), and if so issued shall have no force or effect, against a judgment debtor with respect to whom there is in effect a writ of garnishment of earnings issued under this chapter and based on the same debt. (2) An order may not be issued under subsection (a) with respect to any earnings of the debtor except nonexempt disposable earnings. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4955  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3205. Garnishment (a)  In General A court may issue a writ of garnishment against property (including nonexempt disposable earnings) in which the debtor has a substantial nonexempt interest and which is in the possession, custody, or control of a person other than the debtor, in order to satisfy the judgment against the debtor. Co-owned property shall be subject to garnishment to the same extent as co-owned property is subject to garnishment under the law of the State in which such property is located. A court may issue simultaneous separate writs of garnishment to several garnishees. A writ of garnishment issued under this subsection shall be continuing and shall terminate only as provided in subsection (c)(10). (b)  Writ. (1)  General requirements The United States shall include in its application for a writ of garnishment (A) the judgment debtors name, social security number (if known), and last known address; (B) the nature and amount of the debt owed and the facts that not less than 30 days has elapsed since demand on the debtor for payment of the debt was made and the judgment debtor has not paid the amount due; and (C) that the garnishee is believed to have possession of property (including nonexempt disposable earnings) in which the debtor has a substantial nonexempt interest. (2)  Proper garnishee for particular property. (A) If the property consists of a right to or share in the stock of an association or corporation, or interests or profits therein, for which a certificate of stock or other negotiable instrument is not outstanding, the corporation, or the president or treasurer of the association shall be the garnishee. (B) If the property consists of an interest in a partnership interest, any partner other than the debtor shall be the garnishee on behalf of the partnership. (C) If the property or a debt is evidenced by a negotiable instrument for the payment of money, a negotiable document of title or a certificate of stock of an association or corporation, the instrument, document, or certificate shall be treated as property capable of delivery and the person holding it shall be the garnishee, except that (i) subject to clause (ii), in the case of a security which is transferable in the manner set forth in State law, the entity that carries on its books an account in the name of the debtor in which is reflected such security shall be the garnishee; and (ii) notwithstanding clause (i), the pledgee shall be the garnishee if such security is pledged. (c)  Procedures Applicable to Writ. (1)  Court determination If the court determines that the requirements of this section are satisfied, the court shall issue an appropriate writ of garnishment. (2)  Form of writ The writ shall state (A) The nature and amount of the debt, and any cost and interest owed with respect to the debt. (B) The name and address of the garnishee. (C) The name and address of counsel for the United States. (D) The last known address of the judgment debtor. (E) That the garnishee shall answer the writ within 10 days of service of the writ. (F) That the garnishee shall withhold and retain any property in which the debtor has a substantial nonexempt interest and for which the garnishee is or may become indebted to the judgment debtor pending further order of the court. (3)  Service of writ The United States shall serve the garnishee and the judgment debtor with a copy of the writ of garnishment and shall certify to the court that this service was made. The writ shall be accompanied by (A) an instruction explaining the requirement that the garnishee submit a written answer to the writ; and (B) instructions to the judgment debtor for objecting to the answer of the garnishee and for obtaining a hearing on the objections. (4)  Answer of the garnishee In its written answer to the writ of garnishment, the garnishee shall state under oath (A) whether the garnishee has custody, control or possession of such property; (B) a description of such property and the value of such interest; (C) a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and (D) the amount of the debt the garnishee anticipates owing to the judgment debtor in the future and whether the period for payment will be weekly or another specified period. The garnishee shall file the original answer with the court issuing the writ and serve a copy on the debtor and counsel for the United States. (5)  Objections to answer Within 20 days after receipt of the answer, the judgment debtor or the United States may file a written objection to the answer and request a hearing. The party objecting shall state the grounds for the objection and bear the burden of proving such grounds. A copy of the objection and request for a hearing shall be served on the garnishee and all other parties. The court shall hold a hearing within 10 days after the date the request is received by the court, or as soon thereafter as is practicable, and give notice of the hearing date to all the parties. (6)  Garnishees failure to answer or pay If a garnishee fails to answer the writ of garnishment or to withhold property in accordance with the writ, the United States may petition the court for an order requiring the garnishee to appear before the court to answer the writ and to so withhold property before the appearance date. If the garnishee fails to appear, or appears and fails to show good cause why the garnishee failed to comply with the writ, the court shall enter judgment against the garnishee for the value of the judgment debtors nonexempt interest in such property (including nonexempt disposable earnings). The court may award a reasonable attorneys fee to the United States and against the garnishee if the writ is not answered within the time specified therein and a petition requiring the garnishee to appear is filed as provided in this section. (7)  Disposition order After the garnishee files an answer and if no hearing is requested within the required time period, the court shall promptly enter an order directing the garnishee as to the disposition of the judgment debtors nonexempt interest in such property. If a hearing is timely requested, the order shall be entered within 5 days after the hearing, or as soon thereafter as is practicable. (8)  Priorities Judicial orders and garnishments for the support of a person shall have priority over a writ of garnishment issued under this section. As to any other writ of garnishment or levy, a garnishment issued under this section shall have priority over writs which are issued later in time. (9)  Accounting (A) While a writ of garnishment is in effect under this section, the United States shall give an annual accounting on the garnishment to the judgment debtor and the garnishee. (B) Within 10 days after the garnishment terminates, the United States shall give a cumulative written accounting to the judgment debtor and garnishee of all property it receives under a writ of garnishment. Within 10 days after such accounting is received, the judgment debtor or garnishee may file a written objection to the accounting and a request for hearing. The party objecting shall state grounds for the objection. The court shall hold a hearing on the objection within 10 days after the court receives the request for a hearing, or as soon thereafter as is practicable. (10)  Termination of garnishment A garnishment under this chapter is terminated only by (A) a court order quashing the writ of garnishment; (B) exhaustion of property in the possesion, 1 1 (C) satisfaction of the debt with respect to which the writ is issued. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4956  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3206. Discharge  A person who pursuant to an execution or order issued under this chapter by a court pays or delivers to the United States, a United States marshal, or a receiver, money or other personal property in which a judgment debtor has or will have an interest, or so pays a debt such person owes the judgment debtor, is discharged from such debt to the judgment debtor to the extent of the payment or delivery. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4959  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title SUBCHAPTER D FRAUDULENT TRANSFERS INVOLVING DEBTS    Sec.  3301. Definitions.  3302. Insolvency.  3303. Value for a transfer or obligation. 1 1  3304. Transfer fraudulent as to a debt to the United States.  3305. When transfer is made or obligation is incurred.  3306. Remedies of the United States.  3307. Defenses, liability and protection of transferee. 1  3308. Supplementary provision.  3301. Definitions As used in this subchapter: (1) Affiliate means (A) a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities (i) as a fiduciary or agent without sole discretionary power to vote the securities; or (ii) solely to secure a debt, if the person has not exercised the power to vote; (B) a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than the person who holds securities (i) as a fiduciary or agent without sole power to vote the securities; or (ii) solely to secure a debt, if the person has not in fact exercised the power to vote; (C) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) a person who operates the debtors business under a lease or other agreement or controls substantially all of the debtors assets. (2) Asset means property of a debtor, but does not include (A) property to the extent it is encumbered by a valid lien; (B) property to the extent it is generally exempt under nonbankruptcy law; or (C) an interest in real property held in tenancy by the entirety, or as part of a community estate, to extent such interest is not subject to process by the United States holding a claim against only one tenant or co-owner. (3) Claim means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. (4) Creditor means a person who has a claim. (5) Insider includes (A) if the debtor is an individual (i) a relative of the debtor or of a general partner of the debtor; (ii) a partnership in which the debtor is a general partner; (iii) a general partner in a partnership described in clause (ii); or (iv) a corporation of which the debtor is a director, officer, or person in control; (B) if the debtor is a corporation (i) a director of the debtor; (ii) an officer of the debtor; (iii) a person in control of the debtor; (iv) a partnership in which the debtor is a general partner; (v) a general partner in a partnership described in clause (iv); or (vi) a relative of a general partner, director, officer, or person in control of the debtor; (C) if the debtor is a partnership (i) a general partner in the debtor; (ii) a relative of a general partner in, a general partner of, or a person in control of the debtor; (iii) another partnership in which the debtor is a general partner; (iv) a general partner in a partnership described in clause (iii); or (v) a person in control of the debtor. 1 1 (D) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) a managing agent of the debtor. (4)  2 2 (5)  3 3 (6)  4 4 (7)  5 5 (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4959  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3302. Insolvency (a)  In General Except as provided in subsection (c), a debtor is insolvent if the sum of the debtors debts is greater than all of the debtors assets at a fair valuation. (b)  Presumption A debtor who is generally not paying debts as they become due is presumed to be insolvent. (c)  Calculation A partnership is insolvent under subsection (a) if the sum of the partnerships debts is greater than the aggregate, at a fair valuation, of (1) all of the partnerships assets; and (2) the sum of the excess of the value of each general partners non-partnership assets over the partners non-partnership debts. (d)  Assets For purposes of this section, assets do not include property that is transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this subchapter. (e)  Debts For purposes of this section, debts do not include an obligation to the extent such obligation is secured by a valid lien on property of the debtor not included as an asset. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4961  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3303. Value for transfer or obligation (a)  Transaction Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisors business to furnish support to the debtor or another person. (b)  Reasonably Equivalent Value For the purposes of sections 3304 and 3307, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of such interest upon default under a mortgage, deed of trust, or security agreement. (c)  Present Value A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4961  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3304. Transfer fraudulent as to a debt to the United States (a)  Debt Arising Before Transfer Except as provided in section 3307, a transfer made or obligation incurred by a debtor is fraudulent as to a debt to the United States which arises before the transfer is made or the obligation is incurred if (1) (A) the debtor makes the transfer or incurs the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and (B) the debtor is insolvent at that time or the debtor becomes insolvent as a result of the transfer or obligation; or (2) (A) the transfer was made to an insider for an antecedent debt, the debtor was insolvent at the time; and (B) the insider had reasonable cause to believe that the debtor was insolvent. (b)  Transfers Without Regard to Date of Judgment (1) Except as provided in section 3307, a transfer made or obligation incurred by a debtor is fraudulent as to a debt to the United States, whether such debt arises before or after the transfer is made or the obligation is incurred, if the debtor makes the transfer or incurs the obligation (A) with actual intent to hinder, delay, or defraud a creditor; or (B) without receiving a reasonably equivalent value in exchange for the transfer or obligation if the debtor (i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due. (2) In determining actual intent under paragraph (1), consideration may be given, among other factors, to whether (A) the transfer or obligation was to an insider; (B) the debtor retained possession or control of the property transferred after the transfer; (C) the transfer or obligation was disclosed or concealed; (D) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (E) the transfer was of substantially all the debtors assets; (F) the debtor absconded; (G) the debtor removed or concealed assets; (H) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (I) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (J) the transfer occurred shortly before or shortly after a substantial debt was incurred; and (K) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4961  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3305. When transfer is made or obligation is incurred For the purposes of this subchapter: (1) A transfer is made (A) with respect to an asset that is real property (other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset), when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire, otherwise than under this subchapter, a judicial lien that is superior to the interest of the transferee. (2) If applicable law permits the transfer to be perfected as approved in paragraph (1) and the transfer is not so perfected before the commencement of an action or proceeding for relief under this subchapter, the transfer is deemed made immediately before the commencement of the action or proceeding. (3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee. (4) A transfer is not made until the debtor has acquired rights in the asset transferred. (5) An obligation is incurred (A) if oral, when it becomes effective between the parties; or (B) if evidenced by a writing executed by the obligor, when such writing is delivered to or for the benefit of the obligee. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4962  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3306. Remedies of the United States (a)  In General In an action or proceeding under this subchapter for relief against a transfer or obligation, the United States, subject to section 3307 and to applicable principles of equity and in accordance with the Federal Rules of Civil Procedure, may obtain (1) avoidance of the transfer or obligation to the extent necessary to satisfy the debt to the United States; (2) a remedy under this chapter against the asset transferred or other property of the transferee; or (3) any other relief the circumstances may require. (b)  Limitation A claim for relief with respect to a fraudulent transfer or obligation under this subchapter is extinguished unless action is brought (1) under section 3304(b)(1)(A) within 6 years after the transfer was made or the obligation was incurred or, if later, within 2 years after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) under subsection (a)(1) or (b)(1)(B) of section 3304 within 6 years after the transfer was made or the obligation was incurred; or (3) under section 3304(a)(2) within 2 years after the transfer was made or the obligation was incurred. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4963  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3307. Defenses, liability, and protection of transferee (a)  Good Faith Transfer A transfer or obligation is not voidable under section 3304(b) with respect to a person who took in good faith and for a reasonably equivalent value or against any transferee or obligee subsequent to such person. (b)  Limitation Except as provided in subsection (d), to the extent a transfer is voidable in an action or proceeding by the United States under section 3306(a)(1), the United States may recover judgment for the value of the asset transferred, but not to exceed the judgment on a debt. The judgment may be entered against (1) the first transferee of the asset or the person for whose benefit the transfer was made; or (2) any subsequent transferee, other than a good faith transferee who took for value or any subsequent transferee of such good-faith transferee. (c)  Value of Asset For purposes of subsection (b), the value of the asset is the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d)  Rights of Good Faith Transferees and Obligees Notwithstanding voidability of a transfer or an obligation under this subchapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to (1) a lien on or a right to retain any interest in the asset transferred; (2) enforcement of any obligation incurred; or (3) a reduction in the amount of the liability on the judgment. (e)  Exceptions A transfer is not voidable under section 3304(a) or section 3304(b)(2) if the transfer results from (1) termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) enforcement of a security interest in compliance with article 9 of the Uniform Commercial Code or its equivalent in effect in the State where the property is located. (f)  Limitation of Voidability A transfer is not voidable under section 3304(a)(2) (1) to the extent the insider gives new value to or for the benefit of the debtor after the transfer is made unless the new value is secured by a valid lien; (2) if made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) if made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured both present value given for that purpose and an antecedent debt of the debtor. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4963  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title  3308. Supplementary provision  Except as provided in this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause shall apply to actions and proceedings under this subchapter. (Added Pub. L. 101647, title XXXVI,  3611 Nov. 29, 1990 104 Stat. 4964  Statutory Notes and Related Subsidiaries Effective Date Section effective 180 days after Nov. 29, 1990 section 3631 of Pub. L. 101647 section 3001 of this title CHAPTER 178 PROFESSIONAL AND AMATEUR SPORTS PROTECTION    Sec.  3701. Definitions.  3702. Unlawful sports gambling.  3703. Injunctions.  3704. Applicability.  3701. Definitions For purposes of this chapter (1) the term amateur sports organization means (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more amateur athletes participate, or (B) a league or association of persons or governmental entities described in subparagraph (A), (2) the term governmental entity means a State, a political subdivision of a State, or an entity or organization, including an entity or organization described in section 4(5) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703(5) 25 U.S.C. 2703(4) (3) the term professional sports organization means (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more professional athletes participate, or (B) a league or association of persons or governmental entities described in subparagraph (A), (4) the term person has the meaning given such term in section 1 of title 1 (5) the term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States. (Added Pub. L. 102559,  2(a) Oct. 28, 1992 106 Stat. 4227  Editorial Notes Constitutionality For information regarding the constitutionality of certain provisions of this chapter, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov. Statutory Notes and Related Subsidiaries Effective Date Pub. L. 102559,  3 Oct. 28, 1992 106 Stat. 4229 This Act [enacting this chapter and provisions set out as a note under section 1 of this title January 1, 1993  3702. Unlawful sports gambling It shall be unlawful for (1) a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or (2) a person to sponsor, operate, advertise, or promote, pursuant to the law or compact of a governmental entity, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly (through the use of geographical references or otherwise), on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games. (Added Pub. L. 102559,  2(a) Oct. 28, 1992 106 Stat. 4228  Editorial Notes Constitutionality For information regarding constitutionality of par. (1) of this section, as added by section 2(a) of Pub. L. 102559 section 3701 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Jan. 1, 1993 section 3 of Pub. L. 102559 section 3701 of this title  3703. Injunctions  A civil action to enjoin a violation of section 3702 may be commenced in an appropriate district court of the United States by the Attorney General of the United States, or by a professional sports organization or amateur sports organization whose competitive game is alleged to be the basis of such violation. (Added Pub. L. 102559,  2(a) Oct. 28, 1992 106 Stat. 4228  Statutory Notes and Related Subsidiaries Effective Date Section effective Jan. 1, 1993 section 3 of Pub. L. 102559 section 3701 of this title  3704. Applicability (a) Section 3702 shall not apply to (1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity, to the extent that the scheme was conducted by that State or other governmental entity at any time during the period beginning January 1, 1976 August 31, 1990 (2) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity where both (A) such scheme was authorized by a statute as in effect on October 2, 1991 (B) a scheme described in section 3702 (other than one based on parimutuel animal racing or jai-alai games) actually was conducted in that State or other governmental entity at any time during the period beginning September 1, 1989 October 2, 1991 (3) a betting, gambling, or wagering scheme, other than a lottery described in paragraph (1), conducted exclusively in casinos located in a municipality, but only to the extent that (A) such scheme or a similar scheme was authorized, not later than one year after the effective date of this chapter, to be operated in that municipality; and (B) any commercial casino gaming scheme was in operation in such municipality throughout the 10-year period ending on such effective date pursuant to a comprehensive system of State regulation authorized by that States constitution and applicable solely to such municipality; or (4) parimutuel animal racing or jai-alai games. (b) Except as provided in subsection (a), section 3702 shall apply on lands described in section 4(4) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703(4) (Added Pub. L. 102559,  2(a) Oct. 28, 1992 106 Stat. 4228  Editorial Notes  References in Text The effective date of this chapter, referred to in subsec. (a)(3)(A), is Jan. 1, 1993 section 3 of Pub. L. 102559 section 3701 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Jan. 1, 1993 section 3 of Pub. L. 102559 section 3701 of this title CHAPTER 179 JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES    Sec.  3901. Civil actions.  3902. Judicial review of regulations.  3903. Effect of failure to issue regulations.  3904. Expedited review of certain appeals.  3905. Attorneys fees and interest.  3906. Payments.  3907. Other judicial review prohibited.  3908. Definitions.  3901. Civil actions (a)  Parties In an action under section 1346(g) of this title (b)  Jury Trial In an action described in subsection (a), any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by chapter 5 of title 3. In any case in which a violation of section 411 of title 3 (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4070  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3902. Judicial review of regulations  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 (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4070  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3903. Effect of failure to issue regulations  In any proceeding under section 1296 or 1346(g) of this title, if the President, the designee of the President, or the Federal Labor Relations Authority has not issued a regulation on a matter for which chapter 5 of title 3 requires a regulation to be issued, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding. (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4070  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3904. Expedited review of certain appeals (a)  In General An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of chapter 5 of title 3. (b)  Jurisdiction The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4070  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3905. Attorneys fees and interest (a)  Attorneys Fees If a covered employee, with respect to any claim under chapter 5 of title 3, or a qualified person with a disability, with respect to any claim under section 421 of title 3 (b)  Interest In any proceeding under section 1296 or section 1346(g), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964. (c)  Punitive Damages Except as otherwise provided in chapter 5 of title 3, no punitive damages may be awarded with respect to any claim under chapter 5 of title 3. (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4070  Editorial Notes  References in Text Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e5 and 2000e16, respectively, of Title 42, The Public Health and Welfare. Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3906. Payments A judgment, award, or compromise settlement against the United States under this chapter (including any interest and costs) shall be paid (1) under section 1304 of title 31 (2) out of amounts otherwise appropriated or available to the office involved, if it arises out of an appeal from an administrative proceeding under chapter 5 of title 3. (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4071  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3907. Other judicial review prohibited  Except as expressly authorized by this chapter and chapter 5 of title 3, the compliance or noncompliance with the provisions of chapter 5 of title 3, and any action taken pursuant to chapter 5 of title 3, shall not be subject to judicial review. (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4071  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title  3908. Definitions  For purposes of applying this chapter, the terms employing office and covered employee have the meanings given those terms in section 401 of title 3 (Added Pub. L. 104331,  3(c) Oct. 26, 1996 110 Stat. 4071  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 section 3(d) of Pub. L. 104331 section 1296 of this title CHAPTER 180 ASSUMPTION OF CERTAIN CONTRACTUAL OBLIGATIONS    Sec.  4001. Assumption of contractual obligations related to transfers of rights in motion pictures.  4001. Assumption of contractual obligations related to transfers of rights in motion pictures (a)  Assumption of Obligations (1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms transfer of copyright ownership and motion picture are defined in section 101 of title 17 (A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or (B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued. (2) For purposes of paragraph (1)(A), knows or has reason to know means any of the following: (A) Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture. (B) (i) Constructive knowledge that the collective bargaining agreement was or will be applicable to the motion picture, arising from recordation of a document pertaining to copyright in the motion picture under section 205 of title 17 (ii) Clause (i) applies only if the transfer referred to in subsection (a)(1) occurs (I) after the motion picture is completed, or (II) before the motion picture is completed and (aa) within 18 months before the filing of an application for copyright registration for the motion picture under section 408 of title 17 (bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States. (C) Awareness of other facts and circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture. (b)  Scope of Exclusion of Transfers of Public Performance Rights For purposes of this section, the exclusion under subsection (a) of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broadcast station, cable system, or programmer to the extent that the station, system, or programmer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. When a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning otherwise as a distributor or as a producer of the motion picture, the public performance exclusion does not affect any obligations imposed on the transferee to the extent that it is engaging in such functions. (c)  Exclusion for Grants of Security Interests Subsection (a) shall not apply to (1) a transfer of copyright ownership consisting solely of a mortgage, hypothecation, or other security interest; or (2) a subsequent transfer of the copyright ownership secured by the security interest described in paragraph (1) by or under the authority of the secured party, including a transfer through the exercise of the secured partys rights or remedies as a secured party, or by a subsequent transferee. The exclusion under this subsection shall not affect any rights or remedies under law or contract. (d)  Deferral Pending Resolution of Bona Fide Dispute A transferee on which obligations are imposed under subsection (a) by virtue of paragraph (1) of that subsection may elect to defer performance of such obligations that are subject to a bona fide dispute between a union and a prior transferor until that dispute is resolved, except that such deferral shall not stay accrual of any union claims due under an applicable collective bargaining agreement. (e)  Scope of Obligations Determined by Private Agreement Nothing in this section shall expand or diminish the rights, obligations, or remedies of any person under the collective bargaining agreements or assumption agreements referred to in this section. (f)  Failure To Notify If the transferor under subsection (a) fails to notify the transferee under subsection (a) of applicable collective bargaining obligations before the execution of the transfer instrument, and subsection (a) is made applicable to the transferee solely by virtue of subsection (a)(1)(B), the transferor shall be liable to the transferee for any damages suffered by the transferee as a result of the failure to notify. (g)  Determination of Disputes and Claims Any dispute concerning the application of subsections (a) through (f) shall be determined by an action in United States district court, and the court in its discretion may allow the recovery of full costs by or against any party and may also award a reasonable attorneys fee to the prevailing party as part of the costs. (h)  Study The Comptroller General, in consultation with the Register of Copyrights, shall conduct a study of the conditions in the motion picture industry that gave rise to this section, and the impact of this section on the motion picture industry. The Comptroller General shall report the findings of the study to the Congress within 2 years after the effective date of this chapter. (Added Pub. L. 105304, title IV,  406(a) Oct. 28, 1998 112 Stat. 2903  Statutory Notes and Related Subsidiaries  References in Text The effective date of this chapter, referred to in subsecs. (a) and (h), is Oct. 28, 1998 section 108 of Title 17 CHAPTER 181 FOREIGN JUDGMENTS    Sec.  4101. Definitions.  4102. Recognition of foreign defamation judgments.  4103. Removal.  4104. Declaratory judgments.  4105. Attorneys fees. 1 1  4101. Definitions In this chapter: (1)  Defamation The term defamation means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person. (2)  Domestic court The term domestic court means a Federal court or a court of any State. (3)  Foreign court The term foreign court means a court, administrative body, or other tribunal of a foreign country. (4)  Foreign judgment The term foreign judgment means a final judgment rendered by a foreign court. (5)  State The term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6)  United states person The term United States person means (A) a United States citizen; (B) an alien lawfully admitted for permanent residence to the United States; (C) an alien lawfully residing in the United States at the time that the speech that is the subject of the foreign defamation action was researched, prepared, or disseminated; or (D) a business entity incorporated in, or with its primary location or place of operation in, the United States. (Added Pub. L. 111223,  3(a) Aug. 10, 2010 124 Stat. 2381  Statutory Notes and Related Subsidiaries Findings Pub. L. 111223,  2 Aug. 10, 2010 124 Stat. 2380  Congress finds the following: (1) The freedom of speech and the press is enshrined in the first amendment to the Constitution, and is necessary to promote the vigorous dialogue necessary to shape public policy in a representative democracy. (2) Some persons are obstructing the free expression rights of United States authors and publishers, and in turn chilling the first amendment to the Constitution of the United States interest of the citizenry in receiving information on matters of importance, by seeking out foreign jurisdictions that do not provide the full extent of free-speech protections to authors and publishers that are available in the United States, and suing a United States author or publisher in that foreign jurisdiction. (3) These foreign defamation lawsuits not only suppress the free speech rights of the defendants to the suit, but inhibit other written speech that might otherwise have been written or published but for the fear of a foreign lawsuit. (4) The threat of the libel laws of some foreign countries is so dramatic that the United Nations Human Rights Committee examined the issue and indicated that in some instances the law of libel has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work. The advent of the internet and the international distribution of foreign media also create the danger that one countrys unduly restrictive libel law will affect freedom of expression worldwide on matters of valid public interest. (5) Governments and courts of foreign countries scattered around the world have failed to curtail this practice of permitting libel lawsuits against United States persons within their courts, and foreign libel judgments inconsistent with United States first amendment protections are increasingly common.  4102. Recognition of foreign defamation judgments (a)  First Amendment Considerations. (1)  In general Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that (A) the defamation law applied in the foreign courts adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the first amendment to the Constitution of the United States and by the constitution and law of the State in which the domestic court is located; or (B) even if the defamation law applied in the foreign courts adjudication did not provide as much protection for freedom of speech and press as the first amendment to the Constitution of the United States and the constitution and law of the State, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the first amendment to the Constitution of the United States and the constitution and law of the State in which the domestic court is located. (2)  Burden of establishing application of defamation laws The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showings required under subparagraph (A) or (B). (b)  Jurisdictional Considerations. (1)  In general Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States. (2)  Burden of establishing exercise of jurisdiction The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showing that the foreign courts exercise of personal jurisdiction comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States. (c)  Judgment Against Provider of Interactive Computer Service. (1)  In general Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation against the provider of an interactive computer service, as defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (2)  Burden of establishing consistency of judgment The party seeking recognition or enforcement of the foreign judgment shall bear the burden of establishing that the judgment is consistent with section 230. (d)  Appearances Not a Bar An appearance by a party in a foreign court rendering a foreign judgment to which this section applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this section, or represent a waiver of any jurisdictional claims. (e)  Rule of Construction Nothing in this section shall be construed to (1) affect the enforceability of any foreign judgment other than a foreign judgment for defamation; or (2) limit the applicability of section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (Added Pub. L. 111223,  3(a) Aug. 10, 2010 124 Stat. 2381  4103. Removal In addition to removal allowed under section 1441, any action brought in a State domestic court to enforce a foreign judgment for defamation in which (1) any plaintiff is a citizen of a State different from any defendant; (2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) any plaintiff is a citizen of a State and any defendant is a foreign state or citizen or subject of a foreign state, may be removed by any defendant to the district court of the United States for the district and division embracing the place where such action is pending without regard to the amount in controversy between the parties. (Added Pub. L. 111223,  3(a) Aug. 10, 2010 124 Stat. 2383  4104. Declaratory judgments (a)  Cause of Action. (1)  In general Any United States person against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court, under section 2201(a), for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States. For the purposes of this paragraph, a judgment is repugnant to the Constitution or laws of the United States if it would not be enforceable under section 4102(a), (b), or (c). (2)  Burden of establishing unenforceability of judgment The party bringing an action under paragraph (1) shall bear the burden of establishing that the foreign judgment would not be enforceable under section 4102(a), (b), or (c). (b)  Nationwide Service of Process Where an action under this section is brought in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. (Added Pub. L. 111223,  3(a) Aug. 10, 2010 124 Stat. 2383  4105. Attorneys fees  In any action brought in a domestic court to enforce a foreign judgment for defamation, including any such action removed from State court to Federal court, the domestic court shall, absent exceptional circumstances, allow the party opposing recognition or enforcement of the judgment a reasonable attorneys fee if such party prevails in the action on a ground specified in section 4102(a), (b), or (c). (Added Pub. L. 111223,  3(a) Aug. 10, 2010 124 Stat. 2383 CHAPTER 190 MISCELLANEOUS    Sec.  5001. Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States.  5001. Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States (a)  Death In the case of the death of an individual by the neglect or wrongful act of another in a place subject to the exclusive jurisdiction of the United States within a State, a right of action shall exist as though the place were under the jurisdiction of the State in which the place is located. (b)  Personal Injury In a civil action brought to recover on account of an injury sustained in a place described in subsection (a), the rights of the parties shall be governed by the law of the State in which the place is located. (Added Pub. L. 113287,  4(b)(1) Dec. 19, 2014 128 Stat. 3261        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  5001 16 U.S.C. 457 Feb. 1, 1928, ch. 15 45 Stat. 54 In subsection (a), the words civil action are substituted for action for consistency in the revised title and with other titles of the United States Code.