28 U.S.C. § 620 — Federal Judicial Center

Page 295 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 620 (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 liabil- ity of disbursing and other accountable offi- cers. 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 certi- fying officer, as well as for any payment pro- hibited by law or which did not represent a legal obligation under the appropriation or fund involved. (c) RIGHTS.—A certifying or disbursing offi- cer— (1) has the right to apply for and obtain a de- cision 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. 106–518, title III, § 304(a), Nov. 13, 2000, 114 Stat. 2417.) Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 106–518, title III, § 304(c), Nov. 13, 2000, 114 Stat. 2418, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall not be con- strued to authorize the hiring of any Federal officer or employee.’’ SIMILAR PROVISIONS Pub. L. 106–553, § 1(a)(2) [title III, § 304], Dec. 21, 2000, 114 Stat. 2762, 2762A–83, provided that: ‘‘(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, United States Code, but excluding the Supreme Court, to be disbursing offi- cers in such numbers and locations as the Director con- siders necessary. These disbursing officers will: (1) dis- burse moneys appropriated to the judicial branch and other funds only in strict accordance with payment re- quests certified by the Director or in accordance with subsection (b) of this section; (2) examine payment re- quests as necessary to ascertain whether they are in proper form, certified, and approved; and (3) be held ac- countable as provided by law. However, a disbursing of- ficer will 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 sub- section (b) of this section. ‘‘(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, United States Code, but exclud- ing the Supreme Court, to certify payment requests payable from appropriations and funds. These certi- fying officers will be responsible and accountable for: (A) the existence and correctness of the facts recited in the certificate or other request for payment or its sup- porting papers; (B) the legality of the proposed pay- ment under the appropriation or fund involved; and (C) the correctness of the computations of certified pay- ment requests. ‘‘(2) The liability of a certifying officer will be en- forced 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, im- proper, or incorrect payment resulting from any false, inaccurate, or misleading certificates made by the cer- tifying 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 Comp- troller 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 sec- tion as provided by law. ‘‘(d) The Director shall disburse, directly or through officials designated pursuant to this section, appropria- tions and other funds for the maintenance and oper- ation 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, com- pensation. 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 Di- rector. 627. Retirement; employee benefits. 628. Appropriations and accounting. 629. Federal Judicial Center Foundation. Editorial Notes AMENDMENTS 1988—Pub. L. 100–702, title III, §§ 301(b), 304(b)(2), Nov. 19, 1988, 102 Stat. 4647, 4648, inserted ‘‘and Deputy Direc- tor’’ after ‘‘Director’’ in item 626 and added item 629. 1978—Pub. L. 95–598, title II, § 230(2), Nov. 6, 1978, 92 Stat. 2665, struck out item 629 ‘‘Organizational provi- sions’’. 1967—Pub. L. 90–219, title I, § 101, Dec. 20, 1967, 81 Stat. 664, added chapter 42 and items 620 to 629. § 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 func- tions: (1) to conduct research and study of the op- eration 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 Page 296 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 621 1 So in original. Probably should not be capitalized. States recommendations for improvement of the administration and management of the courts of the United States; (3) to stimulate, create, develop, and con- duct programs of continuing education and training for personnel of the judicial branch of the Government and other persons whose par- ticipation in such programs would improve the operation of the judicial branch, including, but not limited to, judges, United States mag- istrate judges, clerks of court, probation offi- cers, and persons serving as mediators and ar- bitrators; (4) insofar as may be consistent with the per- formance 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 as may be consistent with the performance of the other functions set forth in this section, to cooperate with the State Jus- tice Institute in the establishment and coordi- nation of research and programs concerning the administration of justice; and (6) insofar as may be consistent with the per- formance 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 infor- mation 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 coun- tries that may contribute to performing the other functions set forth in this section. (Added Pub. L. 90–219, title I, § 101, Dec. 20, 1967, 81 Stat. 664; amended Pub. L. 95–598, title II, § 227, Nov. 6, 1978, 92 Stat. 2665; Pub. L. 98–620, title II, § 214, Nov. 8, 1984, 98 Stat. 3346; Pub. L. 99–336, § 6(b), June 19, 1986, 100 Stat. 639; Pub. L. 100–702, title III, § 303, Nov. 19, 1988, 102 Stat. 4648; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–572, title VI, § 602(a), Oct. 29, 1992, 106 Stat. 4514.) Editorial Notes AMENDMENTS 1992—Subsec. (b)(6). Pub. L. 102–572 added par. (6). 1988—Subsec. (b)(3). Pub. L. 100–702 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘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, clerks of court, probation officers, and United States magistrates;’’. 1986—Subsec. (b)(3). Pub. L. 99–336 struck out ‘‘ref- erees,’’ after ‘‘judges,’’ and substituted ‘‘magistrates’’ for ‘‘commissioners’’. 1984—Subsec. (b)(5). Pub. L. 98–620 added par. (5). 1978—Subsec. (b)(3). Pub. L. 95–598 directed the amendment of par. (3) by striking out ‘‘referees,’’ and by substituting ‘‘magistrates’’ for ‘‘commissioners’’, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 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. 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 Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–336, § 6(c), June 19, 1986, 100 Stat. 639, pro- vided that: ‘‘The amendments made by this section [amending this section and section 288d of Title 2, The Congress, and redesignating sections 1364 to 1366 of this title] shall take effect on the date of the enactment of this Act [June 19, 1986].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 effective Oct. 1, 1985, see section 216 of Pub. L. 98–620, set out as a note under section 10701 of Title 42, The Public Health and Welfare. BEST PRACTICES Pub. L. 114–153, § 6, May 11, 2016, 130 Stat. 384, provided that: ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [May 11, 2016], the Fed- eral Judicial Center, using existing resources, shall de- velop recommended best practices for— ‘‘(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 up- date the recommended best practices developed under subsection (a) from time to time. ‘‘(c) CONGRESSIONAL SUBMISSIONS.—The Federal Judi- cial Center shall provide a copy of the recommenda- tions 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. 101–650, title III, § 302, Dec. 1, 1990, 104 Stat. 5104, as amended by Pub. L. 102–572, title V, § 502(c), Oct. 29, 1992, 106 Stat. 4513, directed Board of the Federal Ju- dicial Center to conduct study and submit report to Congress by Jan. 1, 1992, on number and frequency of conflicts among judicial circuits in interpreting law that remain unresolved because they are not heard by the Supreme Court, and further directed Board to study full range of structural alternatives for Federal Courts of Appeals and submit report on the study to Congress and Judicial Conference of the United States, no later than 2 years and 9 months after Dec. 1, 1990. § 621. Board; composition, tenure of members, compensation (a) The activities of the Center shall be super- vised 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, ex- cept that any circuit or district judge so elect- ed may be either a judge in regular active service or a judge retired from regular active service under section 371(b) of this title but shall not be a member of the Judicial Con- ference of the United States; and