An Act to provide for the establishment of a Federal Judicial Center
PL 90-219 (H.R.6111), enacted 12/20/1967

664 
PUBLIC LAW 90-219-DEC. 20, 1967 
[81 STAT 
Public Law 90-219 
December 20, 1967 
-^N A C T 
[H. R. 6111] 
'I',, provide for the establishment of a Federal Judicial (Viiter, and for otlier 
purposes. 
Be it enacted hy the Senate and Houne of Reprexentatlces 
of the 
^n^V^^ Judicial jjfi'ftpd ^tates of America in Congress assemhJed, 
Cent 
Establishment 
Functions. 
Restriction. 
TITLE I—FEDERAL JUDICIAL CENTER 
SKO. 101. Title 28, United States Code, is amended by inserting, 
immediately following chapter 41, a new chapter as follows: 
"Chapter 42.—FEDERAL JUDICIAL CENTER 
"Sec. 
"H20. 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. 
"f;26. Compensation of the Director. 
"627. Retirement; employee benefits. 
"628. Appropriations and accounting. 
"629. Organizational provisions. 
"§620. Federal Judicial, Center 
•'(a) There is established within the judicial branch of the Govern-
ment a Federal Judicial Center, whose purpose it shall be to furtlier 
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 operaticm 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 improve-
ment 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, including, but not limited to, judges, 
referees, clerks of court, probation officers, and L'nited States 
commissioners; and 
"(4) insofar as may be consistent with the performance of the 
other functions set forth in this section, to provide staif, research, 
and planning assistance to the Judicial Conference of the L'nited 
States and its committees. 
*'§ 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 LTnited States, who shall be the 
permanent Chairman of the Board; 
"(2) two active judges of the courts of appeals of the United 
States and three active judges of the district courts of the United 
States elected by vote of the members of the Judicial Conference 
of the United States: Provided, 
hoivever, That the judges so 
elected shall not be members of the Judicial Conference of the 
United States; and 
81 STAT.] 
PUBLIC LAW 90-219-DEC. 20, 1967 
665 
"(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: Provided^ however^ That section 629 of this chapter 
Restrictions. 
shall govern the terms of office of the first members elected to the 
Board: And provided further^ That a member elected to serve for an 
unexpired term arising by virtue of the death, disability, retirement, 
or resignation of a member shall be elected only for such unexpired 
term. 
"(c) No member elected for a four-year term shall be eligible for 
reelection to the Board. 
"(d) Members of the Board shall serve without additional compen-
sation, but shall be reimbursed for actual and necessary expenses 
incurred in the performance of their official duties. 
*'§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 Chair-
man, 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. 
"§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 pur-
pose 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 proc-
essing and systems procedures may be applied to the administra-
tion 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; and 
"(6) consider and recommend to both public and private agen-
cies aspects of the operation of the courts of the United States 
deemed worthy of special study. 
"(b) The Board shall transmit'to Congress and to the Attorney gresTona/co^m"' 
General of the United States copies of all reports and recommenda- mittees. 
tions 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. 
80 Stat. 443-
457, 467. 
666 
PUBLIC LAW 90-219-DEC. 20, 1967 
[81 STAT. 
"§ 624. Powers of the Board 
"The Board is authorized— 
" (1) to appoint and fix the duties of the 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 nec-
essary 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, with-
out regard to section 3709 of the Revised Statutes, as amended (41 
U.S.C. 5), and to delegate such contract authority to the Director 
of the Federal Judicial Center, who is hereby empowered to exer-
cise such delegated authority. 
"§ 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, govern-
ing appointments in competitive service, or the provisions of chapter 
51 and subchapter III of chapter 53 of such title, relating to classifi-
cation and General Schedule pay rates: Provided^ however, That the 
compensation of any person appointed under this subsection shall not 
exceed the annual rate of basic pay of level V of the Executive Schedule 
80 Stat. 463. 
pay rates, section 5316, title 5, United States Code: And provided 
fur-
ther, That the salary of a reemployed annuitant under the Civil Serv-
70 Stat. 743. 
ive Retirement Act shall be adjusted pursuant to the provisions of 
^^5^use 8331 e
f 
sectiou 8344, title 5, United Statcs Code. 
80 Stat. 581; 
"(c) The Director shall appoint and fix the compensation of such 
Ante, p. 217. 
Secretarial and clerical personnel as he may deem necessary, subject 
to the provisions of title 5, United States Code, governing appoint-
ments in competitive service and the provisions of chapter 51 and sub-
chapter I I I of chapter 53 of such title, relating to classification and 
General Schedule pay rates. 
"(d) The Director may procure personal services as authorized by 
80 Stat. 416. 
section 3109 of title 5, United States Code, at rates not to exceed the 
daily equivalent of the highest rate payable under General Schedule 
Ame ^^^^2^' 
pay rates, section 5332, title 5, United States Code. 
'r^av^'i exp'enses. 
"(e) The Director is authorized to incur necessary travel and other 
miscellaneous expenses incident to the operation of the Center. 
"§ 626. Compensation of the 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 I I I of chapter 53 of such title, relating to classifica-
tion and General Schedule pay rates: Provided, however, That any 
Director who is a justice or judge of the United States in active or re-
tired status shall serve without additional compensation. 
"§ 627. Retirement; employee benefits 
"(a) A Director of the Federal Judicial Center who attains the age 
of seventy years shall be retired from that office. 
81 STAT.] 
PUBLIC LAW 90-219-DEC. 20, 1967 
667 
"(b) The Director, the professional staflf, and the clerical and secre-
tarial employees of the Federal Judicial Center shall be deemed to be 
officers and employees of the judicial branch of the United States Gov-
ernment within the meaning of subchapter I I I of chapter 83 (relating 
to civil service retirement), chapter 87 (relating to Federal employees' 
life insurance program), and chapter 89 (relating to Federal em- 
^^ 
^^^ 
ployees' health benefits program) of title 5, United States Code: sss, 592," 599.' 
Provided^ however^ That the Director, upon written notice filed with 
the Director of the Administrative Office of the United States Courts 
within six months after the date on which he takes office, may waive 
coverage under subchapter I I I of chapter 83 of title 5, United States 
Code (relating to civil service retirement), and elect coverage under 
the retirement and disability provisions of this section: And 
provided 
further^ That upon his non-retirement separation from the Federal 
Judicial Center, such waiver and election shall not operate to foreclose 
to the Director such opportunity as the law may provide to secure 
civil service retirement credit for service as Director by depositing 
with interest the amount required bv section 8334 of title 5, United 
States Code. 
. 
AZT^I'AT: 
"(c) Upon the retirement of a Director who has elected coverage 
under this section and who has served at least fifteen years and attained 
the age of sixty-five years the Director of the Administrative Office 
of the United States Courts shall pay him an annuity for life equal 
to 80 per centum of the salary of the office at the time of his retirement. 
"Upon the retirement of a Director who has elected coverage under 
this section and who has served at least ten years, but who is not 
eligible to receive an annuity under the first paragraph of this sub-
section, the Administrative Office of the United States Courts shall 
pay him an annuity for life equal to that proportion of 80 per centum 
of the salary of the office at the time of his retirement that the number 
of years of his service bears to fifteen, reduced by one-quarter of 1 per 
centum for each full month, if any, he is under the age of sixty-five 
at the time of separation from service. 
"(d) A Director who has elected coverage under this section and 
who becomes permanently disabled to perform the duties of his office 
shall be retired and shall receive an annuity for life equal to 80 per 
centum of the salary of the office at the time of his retirement if he 
has served at least fifteen years, or equal to that proportion of 80 
per centum of such salary that the aggregate number of years of his 
service bears to fifteen if he has served less than fifteen years, but in 
no event less than 50 per centum of such salary. 
"(e) For the purpose of this section, 'service' means service, whether 
"service." 
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 Kepresentative in Congress, or a civilian official appointed 
by the President, by and with the advice and consent of the Senate. 
^^§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 Adminis-
trative Office of the United States Courts shall provide accounting, 
disbursing, auditing, and other fiscal services for the Federal Judicial 
Center. 
''§629. Organizational provisions 
"(a) The terms of office of the members first elected to the Board Terms o
f office. 
shall commence on the thirtieth day after the first meeting of the 
Judicial Conference after the date on which this chapter shall take 
effect. 
668 
PUBLIC LAW 90-219-DEC. 20, 1967 
[81 STAT. 
"(b) The ineinbers first elected to the Board shall coiitiime in office 
for terms of one, two, three, three, and four years, respectively, the 
term of each to be designated by the Judicial Conference of the LTnited 
States at the time of his election. 
"(c) Members first elected to the Board who are designated by the 
Judicial Conference of the United States to serve terms of office of 
less than four years shall be eligible for reelection to one full term of 
office.-' 
TITLE II—ADDITIONAL AMENDMENTS TO TITLE 28, 
UNITED STATES CODE 
SEC. 201. (a) Chapter 41 of title 28, United States Code, is amended 
by adding at the end thereof a new section as follows: 
"§611. Retirement of Director 
"(a) The Director may, by written election filed with the Chief 
Justice of the United States within six months after the date on 
which he takes office, waive coverage under subchapter I I I (relating 
80 Stat. 564. 
j-^ ^.j^jj scrvlce retirement) of chapter 83, title 5, United States Code, 
and bring himself within the purview of this section. Such waiver 
and election shall not operate to foreclose to the Director, upon separa-
tion from service other than by retirement, such, opportunity as the 
law may provide to secure civil service retirement credit for service 
as Director by depositing with interest the amount required by section 
Ante!T21^!'' 
^'^'^^ ^^ title 5, United States Code. 
"(b) Upon the retirement of a Director who has elected coverage 
under this section and who has served at least fifteen years and at-
tained the age of sixty-five years the Administrative Office of the 
United States Courts shall pay him an annuity for life equal to 80 
per centum of the salary of the office at the time of his retirement. 
"Upon the retirement of a Director who has elected coverage under 
this section and who has served at least ten years, but who is not 
eligible to receive an annuity under the first paragraph of this sub-
section, 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 w'ho has elected coverage under this section and 
who becomes permanently disabled to perform the duties of his office 
shall be retired and shall receive an annuity for life equal to 80 per 
centum of the salary of the office at the time of his retirement if he 
has served at least fifteen years, or equal to that proportion of 80 
per centum of such salary that the aggregate number of years of his" 
service bears to fifteen if he has served less than fifteen years, but 
in no event less than 50 T>er centum of such salary. 
"Service." 
"(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 Kepresentative in Congress, or 
a civilian official appointed by the President, by and with the advice 
and consent of the Senate." 
(b) The table of contents preceding such chapter is amended by 
inserting at the end thereof the following new item: 
"611. Retirement of Director.". 
70 Stat. 1021. 
gg(._ 202. Section 376, title 28, United States Code, is amended by 
adding the following new subsections: 
70 Stat. 1021. 
Definitions. 
68 Stat. 12. 
81 STAT.] 
PUBLIC LAW 90-219-DEC. 20, 1967 
669 
"(r) The Director of the Federal Judicial Center shall be deemed a 
judge of the United States for the purposes of this section and shall be 
entitled to bring himself within the purview of this section by filing an 
election as provided in subsection (a) of this section within the time 
therein specified. As applied to a Director of the Federal Judicial 
Center, the phrase 'retirement from office by resignation on salary 
under section 371(a) of this title' as used in subsections (b), (c), (g), 
(i), and (n) of this section shall mean 'retirement from office under 
subsection (c) or (d) of section 627 of this title orby removal after not 
^"'^' P- ^^^• 
less than ten years service', the phrase 'salary paid after retirement' as 
used in subsection (b) of this section shall mean 'annuity paid after 
retirement under subsection (c) or (d) of section 627 of this title', and 
the phrase 'resigns from office other than on salary under section 371 (a) 
of this title' as used in subsection (f) of this section shall mean 'resigns 
from office otherwise than on retirement under subsection (c) or (d) of 
section 627 of this title or is removed after less than ten years service'. 
"(s) The Director of the Administrative Office of the United States 
Courts shall be deemed a judge of the United States for the purposes 
of this section and shall be entitled to bring himself within the pur-
view of this section by filing an election as provided in subsection (a) 
of this section within the time therein specified. As applied to a Di- 
Definitions. 
rector of the Administrative Office of the L'nited States Courts, the 
phrase 'retirement from office by resignation on salary under section 
371(a) of this title' as used in subsections (b), (c), (g), (i), and (n) 
of this section shall mean 'retirement from office under section 611 
of this title or by removal after not less than ten years service', the 
^"'^' ^' ^'^^• 
phrase 'salary paid after retirement' as used in subsection (b) of this 
section shall mean 'annuity paid after retirement under section 611 
of this title', and the phrase 'resigns from office other than on salary 
under section 371(a) of this title' as used in subsection (f) of this sec-
tion shall mean 'resigns from office otherwise than on retirement under 
section 611 of this title or is removed after less than ten years service'." 
SEC. 203. Subsection (a) of section 604, title 28, United States Code, 7o"tft!"io26!' 
is amended by amending: 
(a) Paragraph (7) to read as follows: 
''(7) Kegulate and pay annuities to widows and surviving de-
pendent children of 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,"; 
(b) Paragraph (9), to insert between the word "courts" and the 
word "and" a comma and the words "the Federal Judicial Center,"; 
(c) Paragraphs (10) and (11), to insert between the word "courts" 
and the word "and" a comma and the words "the Federal Judicial 
(
_ enter' 
SEC. 26-1. The table of contents to "Part III.—COUKT OFFICEES 
AXD EMPLOYEES" of title 28, United States Code, is amended 
by inserting after 
"41. Administrative Office of the United States Courts 
601" 
a new chapter reference as follows: 
"42. Federal Judicial Center 
620". 
SEC. 205. (a) Except as provided in subsection (b), the amendments 
made by this title, insofar as they relate to retirement and survivor-
ship 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. 
670 
PUBLIC LAW 90-220-DEC. 20, 1967 
[81 STAT. 
Ante, pp. 668, 
669. 
(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 applicaole to a Director or former Di-
rector of the Administrative Office of the United States Courts who 
was first appointed prior to the date of enactment of this Act if at 
the time such Director or former Director left or leaves such office he 
had, or shall have, attained the age of sixty-five years and completed 
fifteen years of service as Director of the Administrative Office of the 
United States Courts and if, on or before the expiration of six moftths 
following the date of enactment of this Act, he makes the election 
referred to in section 611(a) or section 376 (s), or both, as the case 
may be. 
Approved December 20, 1967. 
December 20, 1967 
[H.R. 11395] 
National Capital 
Transportation 
Act of 1965, 
amendment. 
79 Stat. 664. 
74 Stat. 537. 
40 u s e 651 note. 
Public Law 90-220 
AN ACT 
To amend the National Capital Transportation Act of 196.5 authorizing the 
prosecution of a transit development program for the National Capital region 
and to further the objectives of the Act of ,Tuly 14, I960. 
Be it enaeted hy the Senate and Houne of RepreiientativeH of the 
United States of America In Congress OJisemhled, That the portion of 
section 3(b) of the National Capital Transportation Act of 1965 
(40 LT.S.C. 682) which precedes paragraph (1) is amended to read as 
follows: 
''(b) The work authorized by this section shall be subject to the 
provisions of the National Capital Transportation Act of 1960, shall 
be carried out substantially in accordance with the plans and sched-
ules contained in the aforesaid report, as modified in the report of 
the Agency entitled 'Revised Transit Development Program for the 
Nation's Capital, 1967', and shall be subject to the following:"'. 
Approved December 20, 1967.