
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC372]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
      CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
 
Sec. 372. Retirement for disability; substitute judge on failure 
        to retire; judicial discipline
        
    (a) Any justice or judge of the United States appointed to hold 
office during good behavior who becomes permanently disabled from 
performing his duties may retire from regular active service, and the 
President shall, by and with the advice and consent of the Senate, 
appoint a successor.
    Any justice or judge of the United States desiring to retire under 
this section shall certify to the President his disability in writing.
    Whenever an associate justice of the Supreme Court, a chief judge of 
a circuit or the chief judge of the Court of International Trade, 
desires to retire under this section, he shall furnish to the President 
a certificate of disability signed by the Chief Justice of the United 
States.
    A circuit or district judge, desiring to retire under this section, 
shall furnish to the President a certificate of disability signed by the 
chief judge of his circuit.
    A judge of the Court of International Trade desiring to retire under 
this section, shall furnish to the President a certificate of disability 
signed by the chief judge of his court.
    Each justice or judge retiring under this section after serving ten 
years continuously or otherwise shall, during the remainder of his 
lifetime, receive the salary of the office. A justice or judge retiring 
under this section who has served less than ten years in all shall, 
during the remainder of his lifetime, receive one-half the salary of the 
office.
    (b) Whenever any judge of the United States appointed to hold office 
during good behavior who is eligible to retire under this section does 
not do so and a certificate of his disability signed by a majority of 
the members of the Judicial Council of his circuit in the case of a 
circuit or district judge, or by the Chief Justice of the United States 
in the case of the Chief Judge of the Court of International Trade, or 
by the chief judge of his court in the case of a judge of the Court of 
International Trade, is presented to the President and the President 
finds that such judge is unable to discharge efficiently all the duties 
of his office by reason of permanent mental or physical disability and 
that the appointment of an additional judge is necessary for the 
efficient dispatch of business, the President may make such appointment 
by and with the advice and consent of the Senate. Whenever any such 
additional judge is appointed, the vacancy subsequently caused by the 
death, resignation, or retirement of the disabled judge shall not be 
filled. Any judge whose disability causes the appointment of an 
additional judge shall, for purpose of precedence, service as chief 
judge, or temporary performance of the duties of that office, be treated 
as junior in commission to the other judges of the circuit, district, or 
court.
    (c)(1) Any person alleging that a circuit, district, or bankruptcy 
judge, or a magistrate judge, has engaged in conduct prejudicial to the 
effective and expeditious administration of the business of the courts, 
or alleging that such a judge or magistrate 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. In the interests of the effective and expeditious 
administration of the business of the courts and on the basis of 
information available to the chief judge of the circuit, the chief judge 
may, by written order stating reasons therefor, identify a complaint for 
purposes of this subsection and thereby dispense with filing of a 
written complaint.
    (2) Upon receipt of a complaint filed under paragraph (1) of this 
subsection, the clerk shall promptly transmit such complaint to the 
chief judge of the circuit, or, if the conduct complained of is that of 
the chief judge, to that circuit judge in regular active service next 
senior in date of commission (hereafter, for purposes of this subsection 
only, included in the term ``chief judge''). The clerk shall 
simultaneously transmit a copy of the complaint to the judge or 
magistrate judge whose conduct is the subject of the complaint.
    (3) After expeditiously reviewing a complaint, the chief judge, by 
written order stating his reasons, may--
        (A) dismiss the complaint, if he finds it to be (i) not in 
    conformity with paragraph (1) of this subsection, (ii) directly 
    related to the merits of a decision or procedural ruling, or (iii) 
    frivolous; or
        (B) conclude the proceeding if he finds that appropriate 
    corrective action has been taken or that action on the complaint is 
    no longer necessary because of intervening events.

The chief judge shall transmit copies of his written order to the 
complainant and to the judge or magistrate judge whose conduct is the 
subject of the complaint.
    (4) If the chief judge does not enter an order under paragraph (3) 
of this subsection, such judge shall promptly--
        (A) appoint himself and equal numbers of circuit and district 
    judges of the circuit to a special committee to investigate the 
    facts and allegations contained in the complaint;
        (B) certify the complaint and any other documents pertaining 
    thereto to each member of such committee; and
        (C) provide written notice to the complainant and the judge or 
    magistrate judge whose conduct is the subject of the complaint of 
    the action taken under this paragraph.

A judge appointed to a special committee under this paragraph may 
continue to serve on that committee after becoming a senior judge or, in 
the case of the chief judge of the circuit, after his or her term as 
chief judge terminates under subsection (a)(3) or (c) of section 45 of 
this title. If a judge appointed to a committee under this paragraph 
dies, or retires from office under section 371(a) of this title, while 
serving on the committee, the chief judge of the circuit may appoint 
another circuit or district judge, as the case may be, to the committee.
    (5) Each committee appointed under paragraph (4) of this subsection 
shall conduct an investigation as extensive as it considers necessary, 
and shall expeditiously file a comprehensive written report thereon with 
the judicial council of the circuit. Such report shall present both the 
findings of the investigation and the committee's recommendations for 
necessary and appropriate action by the judicial council of the circuit.
    (6) Upon receipt of a report filed under paragraph (5) of this 
subsection, the judicial council--
        (A) may conduct any additional investigation which it considers 
    to be necessary;
        (B) shall take such action as is appropriate to assure the 
    effective and expeditious administration of the business of the 
    courts within the circuit, including, but not limited to, any of the 
    following actions:
            (i) directing the chief judge of the district of the 
        magistrate judge whose conduct is the subject of the complaint 
        to take such action as the judicial council considers 
        appropriate;
            (ii) certifying disability of a judge appointed to hold 
        office during good behavior whose conduct is the subject of the 
        complaint, pursuant to the procedures and standards provided 
        under subsection (b) of this section;
            (iii) requesting that any such judge appointed to hold 
        office during good behavior voluntarily retire, with the 
        provision that the length of service requirements under section 
        371 of this title shall not apply;
            (iv) ordering that, on a temporary basis for a time certain, 
        no further cases be assigned to any judge or magistrate judge 
        whose conduct is the subject of a complaint;
            (v) censuring or reprimanding such judge or magistrate judge 
        by means of private communication;
            (vi) censuring or reprimanding such judge or magistrate 
        judge by means of public announcement; or
            (vii) ordering such other action as it considers appropriate 
        under the circumstances, except that (I) in no circumstances may 
        the council order removal from office of any judge appointed to 
        hold office during good behavior, and (II) any removal of a 
        magistrate judge shall be in accordance with section 631 of this 
        title and any removal of a bankruptcy judge shall be in 
        accordance with section 152 of this title;

        (C) may dismiss the complaint; and
        (D) shall immediately provide written notice to the complainant 
    and to such judge or magistrate judge of the action taken under this 
    paragraph.

    (7)(A) In addition to the authority granted under paragraph (6) of 
this subsection, the judicial council may, in its discretion, refer any 
complaint under this subsection, together with the record of any 
associated proceedings and its recommendations for appropriate action, 
to the Judicial Conference of the United States.
    (B) In any case in which the judicial council determines, on the 
basis of a complaint and an investigation under this subsection, or on 
the basis of information otherwise available to the council, that a 
judge appointed to hold office during good behavior may have engaged in 
conduct--
        (i) which might constitute one or more grounds for impeachment 
    under article II of the Constitution; or
        (ii) which, in the interest of justice, is not amenable to 
    resolution by the judicial council,

the judicial council shall promptly certify such determination, together 
with any complaint and a record of any associated proceedings, to the 
Judicial Conference of the United States.
    (C) A judicial council acting under authority of this paragraph 
shall, unless contrary to the interests of justice, immediately submit 
written notice to the complainant and to the judge or magistrate judge 
whose conduct is the subject of the action taken under this paragraph.
    (8)(A) Upon referral or certification of any matter under paragraph 
(7) of this subsection, the Judicial Conference, after consideration of 
the prior proceedings and such additional investigation as it considers 
appropriate, shall by majority vote take such action, as described in 
paragraph (6)(B) of this subsection, as it considers appropriate. If the 
Judicial Conference concurs in the determination of the council, or 
makes its own determination, that consideration of impeachment may be 
warranted, it shall so certify and transmit the determination and the 
record of proceedings to the House of Representatives for whatever 
action the House of Representatives considers to be necessary. Upon 
receipt of the determination and record of proceedings in the House of 
Representatives, the Clerk of the House of Representatives shall make 
available to the public the determination and any reasons for the 
determination.
    (B) If a judge or magistrate judge has been convicted of a felony 
and has exhausted all means of obtaining direct review of the 
conviction, or the time for seeking further direct review of the 
conviction has passed and no such review has been sought, the Judicial 
Conference may, by majority vote and without referral or certification 
under paragraph (7), transmit to the House of Representatives a 
determination that consideration of impeachment may be warranted, 
together with appropriate court records, for whatever action the House 
of Representatives considers to be necessary.
    (9)(A) In conducting any investigation under this subsection, the 
judicial council, or a special committee appointed under paragraph (4) 
of this subsection, shall have full subpoena powers as provided in 
section 332(d) of this title.
    (B) In conducting any investigation under this subsection, the 
Judicial Conference, or a standing committee appointed by the Chief 
Justice under section 331 of this title, shall have full subpoena powers 
as provided in that section.
    (10) A complainant, judge, or magistrate judge aggrieved by a final 
order of the chief judge under paragraph (3) of this subsection may 
petition the judicial council for review thereof. A complainant, judge, 
or magistrate judge aggrieved by an action of the judicial council under 
paragraph (6) of this subsection may petition the Judicial Conference of 
the United States for review thereof. The Judicial Conference, or the 
standing committee established under section 331 of this title, may 
grant a petition filed by a complainant, judge, or magistrate judge 
under this paragraph. Except as expressly provided in this paragraph, 
all orders and determinations, including denials of petitions for 
review, shall be final and conclusive and shall not be judicially 
reviewable on appeal or otherwise.
    (11) Each judicial council and the Judicial Conference may prescribe 
such rules for the conduct of proceedings under this subsection, 
including the processing of petitions for review, as each considers to 
be appropriate. Such rules shall contain provisions requiring that--
        (A) adequate prior notice of any investigation be given in 
    writing to the judge or magistrate judge whose conduct is the 
    subject of the complaint;
        (B) the judge or magistrate judge whose conduct is the subject 
    of the complaint be afforded an opportunity to appear (in person or 
    by counsel) at proceedings conducted by the investigating panel, to 
    present oral and documentary evidence, to compel the attendance of 
    witnesses or the production of documents, to cross-examine 
    witnesses, and to present argument orally or in writing; and
        (C) the complainant be afforded an opportunity to appear at 
    proceedings conducted by the investigating panel, if the panel 
    concludes that the complainant could offer substantial information.

Any such rule shall be made or amended only after giving appropriate 
public notice and an opportunity for comment. Any rule promulgated under 
this subsection shall be a matter of public record, and any such rule 
promulgated by a judicial council may be modified by the Judicial 
Conference. No rule promulgated under this subsection may limit the 
period of time within which a person may file a complaint under this 
subsection.
    (12) No judge or magistrate judge whose conduct is the subject of an 
investigation under this subsection shall serve upon a special committee 
appointed under paragraph (4) of this subsection, upon a judicial 
council, upon the Judicial Conference, or upon the standing committee 
established under section 331 of this title, until all related 
proceedings under this subsection have been finally terminated.
    (13) No person shall be granted the right to intervene or to appear 
as amicus curiae in any proceeding before a judicial council or the 
Judicial Conference under this subsection.
    (14) Except as provided in paragraph (8), all papers, documents, and 
records of proceedings related to investigations conducted under this 
subsection shall be confidential and shall not be disclosed by any 
person in any proceeding except to the extent that--
        (A) the judicial council of the circuit in its discretion 
    releases a copy of a report of a special investigative committee 
    under paragraph (5) to the complainant whose complaint initiated the 
    investigation by that special committee and to the judge or 
    magistrate judge whose conduct is the subject of the complaint;
        (B) the judicial council of the circuit, the Judicial Conference 
    of the United States, or the Senate or the House of Representatives 
    by resolution, releases any such material which is believed 
    necessary to an impeachment investigation or trial of a judge under 
    article I of the Constitution; or
        (C) such disclosure is authorized in writing by the judge or 
    magistrate 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 of this title.

    (15) Each written order to implement any action under paragraph 
(6)(B) of this subsection, which is issued by a judicial council, the 
Judicial Conference, or the standing committee established under section 
331 of this title, shall be made available to the public through the 
appropriate clerk's office of the court of appeals for the circuit. 
Unless contrary to the interests of justice, each such order issued 
under this paragraph shall be accompanied by written reasons therefor.
    (16) Upon the request of a judge or magistrate judge whose conduct 
is the subject of a complaint under this subsection, the judicial 
council may, if the complaint has been finally dismissed under paragraph 
(6)(C), recommend that the Director of the Administrative Office of the 
United States Courts award reimbursement, from funds appropriated to the 
Federal judiciary, for those reasonable expenses, including attorneys' 
fees, incurred by that judge or magistrate judge during the 
investigation which would not have been incurred but for the 
requirements of this subsection.
    (17) Except as expressly provided in this subsection, nothing in 
this subsection shall be construed to affect any other provision of this 
title, the Federal Rules of Civil Procedure, the Federal Rules of 
Criminal Procedure, the Federal Rules of Appellate Procedure, or the 
Federal Rules of Evidence.
    (18) The United States Court of Federal Claims, the Court of 
International Trade, and the Court of Appeals for the Federal Circuit 
shall each prescribe rules, consistent with the foregoing provisions of 
this subsection, establishing procedures for the filing of complaints 
with respect to the conduct of any judge of such court and for the 
investigation and resolution of such complaints. In investigating and 
taking action with respect to any such complaint, each such court shall 
have the powers granted to a judicial council under this subsection.

(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, Sec. 67, 
63 Stat. 99; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12; Pub. L. 85-
261, Sept. 2, 1957, 71 Stat. 586; Pub. L. 96-417, title V, Sec. 501(9), 
Oct. 10, 1980, 94 Stat. 1742; Pub. L. 96-458, Sec. 3(a), (b), Oct. 15, 
1980, 94 Stat. 2036, 2040; Pub. L. 97-164, title I, Sec. 112, Apr. 2, 
1982, 96 Stat. 29; Pub. L. 98-353, title I, Sec. 107, July 10, 1984, 98 
Stat. 342; Pub. L. 100-702, title IV, Sec. 403(c), Nov. 19, 1988, 102 
Stat. 4651; Pub. L. 101-650, title III, Sec. 321, title IV, Sec. 402, 
Dec. 1, 1990, 104 Stat. 5117, 5122; Pub. L. 102-572, title IX, 
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


                      Historical and Revision Notes

                            1948 Act

    Based on title 28, U.S.C., 1940 ed., Secs. 375b, 375c, and 375d 
(Aug. 5, 1939, ch. 433, Secs. 1-3, 53 Stat. 1204, 1205).
    This section consolidates sections 375b, 375c, and 375d of title 28, 
U.S.C., 1940 ed.
    Section 375e of title 28, U.S.C., 1940 ed. providing that term 
``senior circuit judge'' includes the Chief Justice of the United States 
Court of Appeals for the District of Columbia, and the term ``judicial 
circuit'' includes the District of Columbia, was omitted from this 
revision as unnecessary. Such district is included as a judicial circuit 
by section 41 of this title.
    Words ``justice or judge of the United States'' were used to 
describe members of all courts who hold office during good behavior. 
(See reviser's note under section 371 of this title.)
    Term ``chief judge'' was substituted for ``Chief Justice'' of the 
Court of Claims, ``presiding judge'' of the Court of Customs and Patent 
Appeals and ``senior circuit judge.'' (See Reviser's Note under section 
136 of this title.)
    For clarity and convenience the requirement that certificates of 
disability be submitted ``to the President,'' was made explicit.
    The revised section requires a judge of the Customs Court to furnish 
a certificate of disability signed by the chief judge of his court, 
instead of by the chief judge of the Court of Customs and Patent Appeals 
as in said section 375c of title 28, U.S.C., 1940 ed. This change 
insures signing of the certificate of disability by the chief judge 
possessing knowledge of the facts.
    Changes were made in phraseology and arrangement.

                            1949 Act

    Subsection (a) of this section amends section 372 of title 28, 
U.S.C., to express the requirement that appointment of successors to 
justices or judges must be made with confirmation by the Senate. 
Subsection (b) of this section clarifies the intent of section 372 of 
title 28, U.S.C., and conforms with the language of section 371 of such 
title.

                       References in Text

    The Federal Rules of Civil Procedure, the Federal Rules of Appellate 
Procedure, and the Federal Rules of Evidence, referred to in subsec. 
(c)(17), are set out in the Appendix to this title.
    The Federal Rules of Criminal Procedure, referred to in subsec. 
(c)(17), are set out in the Appendix to Title 18, Crimes and Criminal 
Procedure.


                               Amendments

    1992--Subsec. (c)(18). Pub. L. 102-572 substituted ``United States 
Court of Federal Claims'' for ``United States Claims Court''.
    1990--Subsec. (c)(1). Pub. L. 101-650, Sec. 402(a), inserted at end 
``In the interests of the effective and expeditious administration of 
the business of the courts and on the basis of information available to 
the chief judge of the circuit, the chief judge may, by written order 
stating reasons therefor, identify a complaint for purposes of this 
subsection and thereby dispense with filing of a written complaint.''
    Subsec. (c)(3)(B). Pub. L. 101-650, Sec. 402(f), inserted before 
period at end ``or that action on the complaint is no longer necessary 
because of intervening events''.
    Subsec. (c)(4). Pub. L. 101-650, Sec. 402(b), inserted at end ``A 
judge appointed to a special committee under this paragraph may continue 
to serve on that committee after becoming a senior judge or, in the case 
of the chief judge of the circuit, after his or her term as chief judge 
terminates under subsection (a)(3) or (c) of section 45 of this title. 
If a judge appointed to a committee under this paragraph dies, or 
retires from office under section 371(a) of this title, while serving on 
the committee, the chief judge of the circuit may appoint another 
circuit or district judge, as the case may be, to the committee.''
    Subsec. (c)(6). Pub. L. 101-650, Sec. 402(g), added subpar. (C) and 
redesignated former subpar. (C) as (D).
    Subsec. (c)(7)(B). Pub. L. 101-650, Sec. 402(i)(1), substituted 
``may have engaged in conduct'' for ``has engaged in conduct'' in 
introductory provisions and ``article II'' for ``article I'' in cl. (i).
    Subsec. (c)(8). Pub. L. 101-650, Sec. 402(d), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Pub. L. 101-650, Sec. 402(c)(1), inserted at end ``Upon receipt of 
the determination and record of proceedings in the House of 
Representatives, the Clerk of the House of Representatives shall make 
available to the public the determination and any reasons for the 
determination.''
    Subsec. (c)(11). Pub. L. 101-650, Sec. 402(e), inserted at end ``No 
rule promulgated under this subsection may limit the period of time 
within which a person may file a complaint under this subsection.''
    Subsec. (c)(14). Pub. L. 101-650, Sec. 402(c)(2)(A), (B), 
substituted ``Except as provided in paragraph (8), all'' for ``All'' and 
``except to the extent that'' for ``unless'' in introductory provisions.
    Subsec. (c)(14)(A). Pub. L. 101-650, Sec. 402(c)(2)(E), added 
subpar. (A). Former subpar. (A) redesignated (B).
    Subsec. (c)(14)(B). Pub. L. 101-650, Sec. 402(c)(2)(D), redesignated 
subpar. (A) as (B). Former subpar. (B) redesignated (C).
    Pub. L. 101-650, Sec. 402(c)(2)(C), inserted ``such disclosure is'' 
before ``authorized''.
    Subsec. (c)(14)(C). Pub. L. 101-650, Sec. 402(c)(2)(D), (i)(2), 
redesignated subpar. (B) as (C) and substituted ``subject of the 
complaint'' for ``subject to the complaint''.
    Subsec. (c)(16) to (18). Pub. L. 101-650, Sec. 402(h), added par. 
(16) and redesignated former pars. (16) and (17) as (17) and (18), 
respectively.
    1988--Subsec. (c)(11). Pub. L. 100-702 inserted before last sentence 
``Any such rule shall be made or amended only after giving appropriate 
public notice and an opportunity for comment.''
    1984--Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted ``section 
152'' for ``section 153''.
    1982--Subsec. (a). Pub. L. 97-164, Sec. 112(a), struck out ``Court 
of Claims, Court of Customs and Patent Appeals, or'' before ``Court of 
International Trade'' in third and fifth pars.
    Subsec. (b). Pub. L. 97-164, Sec. 112(b), struck out ``Court of 
Claims, Court of Customs and Patent Appeals, or'' before ``Court of 
International Trade'' wherever appearing.
    Subsec. (c)(17). Pub. L. 97-164, Sec. 112(c), substituted ``United 
States Claims Court, the Court of International Trade, and the Court of 
Appeals for the Federal Circuit'' for ``Court of Claims, the Court of 
Customs and Patent Appeals, and the Customs Court''.
    1980--Pub. L. 96-458, Sec. 3(b), inserted ``judicial discipline'' in 
section catchline.
    Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court as 
the Court of International Trade.
    Subsec. (c). Pub. L. 96-458, Sec. 3(a), added subsec. (c).
    1957--Subsec. (b). Pub. L. 85-261 added subsec. (b).
    1954--Act Feb. 10, 1954, inserted ``; substitute judge on failure to 
retire'' in section catchline (but without adding any provisions on such 
subject to the text of the section, see 1957 amendment), and inserted 
``under this section'' after ``retire'' in third, fourth, and fifth 
pars.
    1949--Act May 24, 1949, amended section to include provision that 
appointment of successors to justices or judges must be made with 
consent of Senate, and inserted ``continuously or otherwise'' after 
``Each justice or judge'' in last par.

                         Change of Name

    Words ``magistrate judge'' substituted for ``magistrate'' wherever 
appearing in subsec. (c) pursuant to section 321 of Pub. L. 101-650, set 
out as a note under section 631 of this title.


                    Effective Date of 1992 Amendment

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


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-650 effective 90 days after Dec. 1, 1990, 
see section 407 of Pub. L. 101-650, set out as a note under section 332 
of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section 407 
of Pub. L. 100-702, set out as a note under section 2071 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-353 effective July 10, 1984, see section 
122(a) of Pub. L. 98-353, set out as an Effective Date note under 
section 151 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of this title.


                    Effective Date of 1980 Amendments

    Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7 of 
Pub. L. 96-458, set out as a note under section 331 of this title.
    Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable 
with respect to civil actions pending on or commenced on or after such 
date, see section 701(a) of Pub. L. 96-417, set out as a note under 
section 251 of this title.


         National Commission on Judicial Discipline and Removal

    Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118, provided 
in part that: ``Notwithstanding the requirement of section 415 of Public 
Law 101-650 [set out below] to submit the report mandated by said 
section not later than one year after the date of the Commission's first 
meeting, the National Commission on Judicial Discipline and Removal 
shall submit to each House of Congress, the Chief Justice of the United 
States, and the President, the report mandated in said section no later 
than August 1, 1993.''
    Subtitle II of title IV of Pub. L. 101-650, as amended by Pub. L. 
102-198, Sec. 8(a), (b)(2), Dec. 9, 1991, 105 Stat. 1625, 1626, provided 
that:
``SEC. 408. SHORT TITLE.
    ``This subtitle may be cited as the `National Commission on Judicial 
Discipline and Removal Act'.
``SEC. 409. ESTABLISHMENT.
    ``There is hereby established a commission to be known as the 
`National Commission on Judicial Discipline and Removal' (hereinafter in 
this subtitle referred to as the `Commission').
``SEC. 410. DUTIES OF COMMISSION.
    ``The duties of the Commission are--
        ``(1) to investigate and study the problems and issues involved 
    in the tenure (including discipline and removal) of an article III 
    judge;
        ``(2) to evaluate the advisability of proposing alternatives to 
    current arrangements with respect to such problems and issues, 
    including alternatives for discipline or removal of judges that 
    would require amendment to the Constitution; and
        ``(3) to prepare and submit to the Congress, the Chief Justice 
    of the United States, and the President a report in accordance with 
    section 415.
``SEC. 411. MEMBERSHIP.
    ``(a) Number and Appointment.--The Commission shall be composed of 
13 members as follows:
        ``(1) Three appointed by the President pro tempore of the 
    Senate.
        ``(2) Three appointed by the Speaker of the House of 
    Representatives.
        ``(3) Three appointed by the Chief Justice of the United States.
        ``(4) Three appointed by the President.
        ``(5) One appointed by the Conference of Chief Justices of the 
    States of the United States.
    ``(b) Term.--Members of the Commission shall be appointed for the 
life of the Commission.
    ``(c) Quorum.--Six members of the Commission shall constitute a 
quorum, but a lesser number may conduct meetings.
    ``(d) Chairman.--The members of the Commission shall select one of 
the members to be the Chairman.
    ``(e) Vacancy.--A vacancy on the Commission resulting from the death 
or resignation of a member shall not affect its powers and shall be 
filled in the same manner in which the original appointment was made.
    ``(f) Continuation of Membership.--If any member of the Commission 
who was appointed to the Commission as a Member of Congress or as an 
officer or employee of a government leaves that office, or if any member 
of the Commission who was appointed from persons who are not officers or 
employees of a government becomes an officer or employee of a 
government, the member may continue as a member of the Commission for 
not longer than the 90-day period beginning on the date the member 
leaves that office or becomes such an officer or employee, as the case 
may be.
``SEC. 412. COMPENSATION OF THE COMMISSION.
    ``(a) Pay.--(1) Except as provided in paragraph (2), each member of 
the Commission who is not otherwise employed by the United States 
Government shall be entitled to receive the daily equivalent of the 
annual rate of basic pay payable for GS-18 of the General Schedule under 
section 5332 of title 5, United States Code, for each day (including 
travel time) during which he or she is engaged in the actual performance 
of duties as a member of the Commission.
    ``(2) A member of the Commission who is an officer or employee of 
the United States Government shall serve without additional 
compensation.
    ``(b) Travel.--All members of the Commission shall be reimbursed for 
travel, subsistence, and other necessary expenses incurred by them in 
the performance of their duties.
``SEC. 413. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
    ``(a) Director.--The Commission shall, without regard to section 
5311(b) of title 5, United States Code, have a Director who shall be 
appointed by the Chairman and who shall be paid at a rate not to exceed 
the rate of basic pay payable for level V of the Executive Schedule 
under section 5316 of such title.
    ``(b) Staff.--The Chairman of the Commission may appoint and fix the 
pay of such additional personnel as the Chairman finds necessary to 
enable the Commission to carry out its duties. Such personnel may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and may be paid 
without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of such title relating to classification and General Schedule 
pay rates, except that the annual rate of pay for any individual so 
appointed may not exceed a rate equal to the annual rate of basic pay 
payable for GS-18 of the General Schedule under section 5332 of such 
title.
    ``(c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code.
``SEC. 414. POWERS OF COMMISSION.
    ``(a) Hearings and Sessions.--The Commission or, on authorization of 
the Commission, a member of the Commission may, for the purpose of 
carrying out this subtitle, hold such hearings, sit and act at such 
times and places, take such testimony, and receive such evidence, as the 
Commission considers appropriate. The Commission may administer oaths or 
affirmations to witnesses appearing before it.
    ``(b) Obtaining Official Data.--The Commission may secure directly 
from any department, agency, or entity within the executive or judicial 
branch of the Federal Government information necessary to enable it to 
carry out this subtitle. Upon request of the Chairman of the Commission, 
the head of such department or agency shall furnish such information to 
the Commission.
    ``(c) Facilities and Support Services.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis such 
facilities and support services as the Commission may request. Upon 
request of the Commission, the head of any Federal agency is authorized 
to make any of the facilities and services of such agency available to 
the Commission to assist the Commission in carrying out its duties under 
this subtitle.
    ``(d) Expenditures and Contracts.--The Commission or, on 
authorization of the Commission, a member of the Commission may make 
expenditures and enter into contracts for the procurement of such 
supplies, services, and property as the Commission or member considers 
appropriate for the purposes of carrying out the duties of the 
Commission. Such expenditures and contracts may be made only to such 
extent or in such amounts as are provided in appropriation Acts.
    ``(e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    ``(f) Gifts.--The Commission may accept, use, and dispose of gifts 
or donations of services or property.
``SEC. 415. REPORT.
    ``The Commission shall submit to each House of Congress, the Chief 
Justice of the United States, and the President a report not later than 
one year after the date of its first meeting. The report shall contain a 
detailed statement of the findings and conclusions of the Commission, 
together with its recommendations for such legislative or administrative 
action as it considers appropriate.
``SEC. 416. TERMINATION.
    ``The Commission shall cease to exist on the date 30 days after the 
date it submits its report to the President and the Congress under 
section 415.
``SEC. 417. AUTHORIZATION OF APPROPRIATIONS.
    ``There is authorized to be appropriated the sum of $750,000 to 
carry out the provisions of this subtitle.
``SEC. 418. EFFECTIVE DATE.
    ``This subtitle shall take effect on the date of the enactment of 
this Act [Dec. 1, 1990].''
    [References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.]


           Computation of Judicial Service, District of Alaska

    Inclusion of service as judge of the District Court for the 
Territory of Alaska in the computation of years of judicial service for 
judges of the United States District Court for the District of Alaska, 
see Pub. L. 89-70, set out as a note under section 371 of this title.


                       Judicial Service in Hawaii

    Certain judicial service in Hawaii included within computation of 
aggregate years of judicial service, see section 14(d) of Pub. L. 86-3, 
set out as a note under section 371 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 178, 294, 331, 332, 375, 
376, 377, 604, 621 of this title; title 5 sections 8440a, 8701; title 38 
section 7253.
