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ons 452-459 of this chapter shall
also apply to 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 and the judges thereof", and added subsec.
(b).
1978 - Pub. L. 95-598 struck out "Alaska," after "Application to"
in section catchline.
1958 - Pub. L. 85-508 struck out provisions which made sections
452 to 459 applicable to the District Court for the Territory of
Alaska. See section 81A of this title which establishes a United
States District Court for the State of Alaska.
1951 - Act Oct. 31, 1951, inserted ", Guam" in section catchline,
and inserted reference to the District Court of Guam in text.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section
402(d) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, upon
admission of Alaska into the Union pursuant to Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and
8(c) of Pub. L. 85-508, see notes set out under section 81A of this
title and preceding section 21 of Title 48, Territories and Insular
Possessions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 9 section 203; title 16
sections 1540, 3375, 4912; title 19 section 3473; title 20 section
290i-7; title 22 sections 283gg, 285f, 290g-6, 290k-9, 290k-11,
290m, 1650a; title 33 section 1479.
-End-
-CITE-
28 USC Sec. 461 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
-HEAD-
Sec. 461. Adjustments in certain salaries
-STATUTE-
(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 in the rates of pay under the General Schedule
(except as provided in subsection (b)), each salary rate which is
subject to adjustment under this section shall be adjusted by an
amount, rounded to the nearest multiple of $100 (or if midway
between multiples of $100, to the next higher multiple of $100)
equal to the percentage of such salary rate which corresponds to
the most recent percentage change in the ECI (relative to the date
described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate date
under this sentence is the first day of the fiscal year in which
such adjustment in the rates of pay under the General Schedule
takes effect.
(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 in the rates of pay
under the General Schedule.
(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 individual's continuance in office.
-SOURCE-
(Added Pub. L. 94-82, title II, Sec. 205(a)(1), Aug. 9, 1975, 89
Stat. 422; amended Pub. L. 101-194, title VII, Sec. 704(a)(2)(A),
Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529
[title I, Sec. 101(b)(4)(J)], Nov. 5, 1990, 104 Stat. 1427, 1440;
Pub. L. 103-356, title I, Sec. 101(4), Oct. 13, 1994, 108 Stat.
3411.)
-REFTEXT-
REFERENCES IN TEXT
The General Schedule, referred to in subsec. (a), is set out
under section 5332 of Title 5, Government Organization and
Employees.
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. 101-194, which
is set out as a note under section 5318 of Title 5.
-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-356 designated existing
provisions as par. (1), substituted "Subject to paragraph (2),
effective" for "Effective", and added par. (2).
1990 - Subsec. (a). Pub. L. 101-509 substituted "5303" for
"5305".
1989 - Subsec. (a). Pub. L. 101-194 substituted "corresponds to
the most recent percentage change in the ECI (relative to the date
described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate date
under this sentence is the first day of the fiscal year in which
such adjustment in the rates of pay under the General Schedule
takes effect" for "corresponds to the overall average percentage
(as set forth in the report transmitted to the Congress under such
section 5305) of the adjustments in the rates of pay under such
Schedule."
EFFECTIVE DATE OF 1994 AMENDMENT
Section 101 of Pub. L. 101-356 provided that the amendment made
by that section is effective as of Dec. 31, 1994.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 [title
III, Sec. 305] of Pub. L. 101-509, set out as a note under section
5301 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
704(b) of Pub. L. 101-194, set out as a note under section 5318 of
Title 5, Government Organization and Employees.
SALARY ADJUSTMENTS
Pub. L. 108-167, Dec. 6, 2003, 117 Stat. 2031, provided that:
"Pursuant to section 140 of Public Law 97-92 [set out below],
Justices and judges of the United States are authorized during
fiscal year 2004 to receive a salary adjustment in accordance with
section 461 of title 28, United States Code."
Pub. L. 108-6, Sec. 1, Feb. 13, 2003, 117 Stat. 10, provided
that: "Pursuant to section 140 of Public Law 97-92 [set out below],
Justices and judges of the United States are authorized during
fiscal year 2003 to receive a salary adjustment in accordance with
section 461 of title 28, United States Code."
Pub. L. 107-77, title III, Sec. 305, Nov. 28, 2001, 115 Stat.
783, provided in part that: "Pursuant to section 140 of Public Law
97-92 [set out below], Justices and judges of the United States are
authorized during fiscal year 2002, to receive a salary adjustment
in accordance with 28 U.S.C. 461".
Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 309], Dec. 21,
2000, 114 Stat. 2762, 2762A-89, provided that: "Pursuant to section
140 of Public Law 97-92 [set out below], Justices and judges of the
United States are authorized during fiscal year 2001, to receive a
salary adjustment in accordance with 28 U.S.C. 461, only if for the
purposes of each provision of law amended by section 704(a)(2) of
the Ethics Reform Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318
note), adjustments under section 5303 of title 5, United States
Code, shall take effect in fiscal year 2001".
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec. 304],
Nov. 29, 1999, 113 Stat. 1535, 1501A-36, provided in part that:
"Pursuant to section 140 of Public Law 97-92 [set out below],
Justices and judges of the United States are authorized during
fiscal year 2000, to receive a salary adjustment in accordance with
28 U.S.C. 461".
Pub. L. 105-119, title III, Sec. 306, Nov. 26, 1997, 111 Stat.
2493, provided in part that: "Pursuant to section 140 of Public Law
97-92 [set out below], justices and judges of the United States are
authorized during fiscal year 1998, to receive a salary adjustment
in accordance with 28 U.S.C. 461".
Pub. L. 102-395, title III, Sec. 304, Oct. 6, 1992, 106 Stat.
1859, provided that: "Pursuant to section 140 of Public Law 97-92
[set out below], Justices and judges of the United States are
authorized during fiscal year 1993, to receive a salary adjustment
in accordance with 28 U.S.C. 461."
Pub. L. 102-140, title III, Sec. 305, Oct. 28, 1991, 105 Stat.
810, provided that: "Pursuant to section 140 of Public Law 97-92
[set out below], Justices and judges of the United States are
authorized during fiscal year 1992, to receive a salary adjustment
in accordance with 28 U.S.C. 461."
Pub. L. 101-520, title III, Sec. 321, Nov. 5, 1990, 104 Stat.
2285, provided that: "Pursuant to section 140 of Public Law 97-92
[set out below], Justices and judges of the United States are
authorized during calendar year 1991 to receive a salary adjustment
in accordance with 28 U.S.C. section 461."
Pub. L. 101-194, title VII, Sec. 703(a)(3), Nov. 30, 1989, 103
Stat. 1768, set out as a note under section 5318 of Title 5,
Government Organization and Employees, provided that effective the
first day of the first applicable pay period that begins on or
after January 1, 1991, the rate of basic pay for the Chief Justice
of the United States, an associate justice of the Supreme Court of
the United States, a judge of a United States circuit court, a
judge of a district court of the United States, and a judge of the
United States Court of International Trade shall be increased in
the amount of 25 percent of their respective rates (as last in
effect before the increase), rounded to the nearest multiple of
$100 (or, if midway between multiples of $100, to the next higher
multiple of $100).
For purposes of section 140 of Pub. L. 97-92 (set out below),
appropriate salary increases were authorized for Federal judges and
Justices of the Supreme Court pursuant to section 702(a) of Pub. L.
101-194 which provided that effective for pay periods beginning on
or after Nov. 30, 1989, the rate of basic pay for any office or
position in the judicial branch of the Government shall be
determined as if section 620(b) of Pub. L. 100-440 (5 U.S.C. 5303
note) and section 619(b) of Pub. L. 101-136 (5 U.S.C. 5303 note)
had never been enacted, see section 702 of Pub. L. 101-194, set out
as a note under section 5303 of Title 5.
Pub. L. 100-202, Sec. 101(a) [title IV, Sec. 406], Dec. 22, 1987,
101 Stat. 1329, 1329-26, provided that: "Pursuant to section 140 of
Public Law 97-92 [set out below], during fiscal year 1988, justices
and judges of the United States shall receive the same percentage
increase in salary accorded to employees paid under the General
Schedule (pursuant to 5 U.S.C. 5305)."
Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 406], Oct. 18, 1986,
100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec. 101(b) [title
IV, Sec. 406], Oct. 30, 1986, 100 Stat. 3341-39, 3341-64, provided
that: "Pursuant to section 140 of Public Law 97-92 [set out below],
during fiscal year 1987, justices and judges of the United States
shall receive the same percentage increase in salary accorded to
employees paid under the General Schedule (pursuant to 5 U.S.C.
5305)."
Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 310,
provided in part that: "Effective on the first day of the first
applicable pay period commencing on or after January 1, 1985, each
rate of pay subject to adjustment by section 461 of title 28,
United States Code, shall be increased by an amount, rounded to the
nearest multiple of $100 (or if midway between multiples of $100,
to the next higher multiple of $100), equal to the overall
percentage of the adjustment taking effect under section 5305 of
title 5, United States Code, in the rates of pay under the General
Schedule during fiscal year 1985."
Pub. L. 98-369, div. B, title II, Sec. 2207, July 18, 1984, 98
Stat. 1060, provided that: "Effective on the first day of the first
applicable pay period commencing on or after January 1, 1984, each
rate of pay subject to adjustment by section 461 of title 28,
United States Code, shall be increased by an amount, rounded to the
nearest multiple of $100 (or if midway between multiples of $100,
to the next higher multiple of $100), equal to the overall
percentage of the adjustment taking effect under section 5305 of
title 5, United States Code, in the rates of pay under the General
Schedule during fiscal year 1984."
SPECIFIC CONGRESSIONAL AUTHORIZATION REQUIRED FOR SALARY INCREASES
FOR FEDERAL JUDGES AND JUSTICES OF THE SUPREME COURT
Pub. L. 97-92, Sec. 140, Dec. 15, 1981, 95 Stat. 1200, as amended
by Pub. L. 107-77, title VI, Sec. 625, Nov. 28, 2001, 115 Stat.
803, provided that: "Notwithstanding any other provision of law or
of this joint resolution [Pub. L. 97-92], none of the funds
appropriated by this joint resolution or by any other Act shall be
obligated or expended to increase, after the date of enactment of
this joint resolution [Dec. 15, 1981], any salary of any Federal
judge or Justice of the Supreme Court, except as may be
specifically authorized by Act of Congress hereafter enacted:
Provided, That nothing in this limitation shall be construed to
reduce any salary which may be in effect at the time of enactment
of this joint resolution nor shall this limitation be construed in
any manner to reduce the salary of any Federal judge or of any
Justice of the Supreme Court. This section shall apply to fiscal
year 1981 and each fiscal year thereafter."
SALARY RATE LIMITATIONS ON USE OF FUNDS
1982 - Limitations on use of funds for fiscal year ending Sept.
30, 1983, appropriated by any Act to pay the salary or pay of any
individual in legislative, executive, or judicial branch in
position equal to or above level V of the Executive Schedule, see
section 101(e) of Pub. L. 97-276, as amended, set out as a note
under section 5318 of Title 5, Government Organization and
Employees.
1981 - Limitations on use of funds for fiscal year ending Sept.
30, 1982, appropriated by any Act to pay the salary or pay of any
individual in legislative, executive, or judicial branch in
position equal to or above level V of the Executive Schedule, see
sections 101(g) and 141 of Pub. L. 97-92, set out as a note under
section 5318 of Title 5.
1980 - Limitations on use of funds for fiscal year ending Sept.
30, 1981, appropriated by any Act to pay the salary or pay of any
individual in legislative, executive, or judicial branch in
position equal to or above level V of the Executive Schedule, see
section 101(c) of Pub. L. 96-536, as amended, set out as a note
under section 5318 of Title 5.
1979 - Applicability to funds appropriated by any Act for fiscal
year ending Sept. 30, 1980, of limitation of section 304 of Pub. L.
95-391 on use of funds to pay the salary or pay of any individual
in legislative, executive, or judicial branch in position equal to
or above level V of the Executive Schedule, see section 101 of Pub.
L. 96-86, set out as a note under section 5318 of Title 5.
1978 - Limitations on use of funds for fiscal year ending Sept.
30, 1979, appropriated by any Act to pay the salary or pay of any
individual in legislative, executive, or judicial branch in
position equal or above level V of the Executive Schedule, see
section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,
set out as a note under section 5318 of Title 5.
1977 COMPARABILITY ADJUSTMENT NOT EFFECTIVE FOR JUSTICES, JUDGES,
COMMISSIONERS, AND REFEREES
Pub. L. 95-66, Sec. 1(3), July 11, 1977, 91 Stat. 270, set out as
a note under section 5318 of Title 5, Government Organization and
Employees, provided that the first adjustment which, but for the
enactment of Pub. L. 95-66, would have been made in the salary and
rate of pay of justices, judges, commissioners, and referees under
this section after July 11, 1977, would not take effect.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5, 44, 135, 213, 252,
371, 792 of this title.
-End-
-CITE-
28 USC Sec. 462 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
-HEAD-
Sec. 462. Court accommodations
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 97-164, title I, Sec. 115(c)(1), Apr. 2, 1982, 96
Stat. 31; amended Pub. L. 100-702, title X, Sec. 1015, Nov. 19,
1988, 102 Stat. 4669; Pub. L. 102-572, title IX, Sec. 902(b)(1),
Oct. 29, 1992, 106 Stat. 4516.)
-MISC1-
AMENDMENTS
1992 - Subsec. (d). Pub. L. 102-572 substituted "United States
Court of Federal Claims" for "United States Claims Court".
1988 - Subsec. (c). Pub. L. 100-702 substituted "within the
circuit other than where regular sessions of court are authorized
by law to be held," for "where Federal facilities are available".
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
EFFECTIVE DATE
Section effective Oct. 1, 1982, see section 402 of Pub. L.
97-164, set out as an Effective Date of 1982 Amendment note under
section 171 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460 of this title.
-End-
-CITE-
28 USC Sec. 463 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
-HEAD-
Sec. 463. Expenses of litigation
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 97-164, title I, Sec. 116(a), Apr. 2, 1982, 96 Stat.
32.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1982, see section 402 of Pub. L.
97-164, set out as an Effective Date of 1982 Amendment note under
section 171 of this title.
-End-
-CITE-
28 USC CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY
REDUCTION PLANS 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
-HEAD-
CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
-MISC1-
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.
-End-
-CITE-
28 USC Sec. 471 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
-HEAD-
Sec. 471. Requirement for a district court civil justice expense
and delay reduction plan
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1, 1990, 104
Stat. 5090; amended Pub. L. 102-198, Sec. 2(1), Dec. 9, 1991, 105
Stat. 1623.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-198 substituted "this chapter" for "this
title".
CONGRESSIONAL STATEMENT OF FINDINGS
Section 102 of Pub. L. 101-650 provided that: "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 court's 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
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