who had attended seminars for newly appointed judges, all referees in bankruptcy and all chief probation officers, soliciting their views as to the value of the training programs which had heretofore been offered under the sponsorship of the Conference. He stated that the judges, referees and chief probation officers were nearly unanimous in their views that programs heretofore offered should not only be continued but should be improved and expanded in the future. He stated that the Special Committee had reached the following conclusions which it recommended to the Conference:

(1) The establishment of a Federal Judicial Center in the judicial branch of the government is desirable to attain the dispensation of justice in the federal courts with maximum effectiveness and minimum waste; (2) The attainment of this objective will be aided by a thorough scientific study of the methods of judicial administration and by programs of continuing education of judges and training of court personnel; and (3) The activities of the Federal Judicial Center should be under the direction and control of an autonomous board composed of the Chief Justice, the Director of the Administrative Office and five judges (two circuit judges and three district judges) elected by the Judicial Conference. The Chief of the Federal Judicial Center must be responsible to the board and not to the Director of the Administrative Office.

After considering these conclusions, the Conference voted its agreement with them and endorsed a bill proposed by the Special Committee providing for the establishment of a Federal Judicial Center as recommended.

The Conference noted that the President in a message to the Congress on February 6, 1967 had urged the establishment of a Federal Judicial Center and that bills had been introduced in the Senate and in the House of Representatives to carry out this recommendation (S. 915, H.R. 5385, H.R. 6111, H.R. 7215, H.R. 6944). The Conference noted that while the bill drafted by the Special Committee which the Conference endorsed and the bills previously introduced were in agreement on the concept of the Federal Judicial Center, the Conference bill differed in certain important details. The bill approved by the Conference reads:

A BILL

To provide for the establishment of a Federal Judicial Center.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a new chapter, to be numbered 42, is added to Title 28, United States Code, as follows:

§ 620. FEDERAL JUDICIAL CENTER.

There is established in the Administrative Office of the United States Courts a Federal Judicial Center for the purpose of seeking knowledge of the best methods of judicial administration through scientific study so that it may be possible to administer justice in the federal courts with maximum effectiveness and minimum waste. The Center shall have the following functions:

(1) Stimulating, coordinating and conducting research and studies in all areas of federal judicial administration.

(2) Stimulating, developing and conducting programs of continuing education and training for personnel in the judicial branch of Government, including but not limited to, judges, referees, court clerks, probation officers and United States commissioners. (3) Providing staff, research and planning assistance to the Judicial Conference of the United States and its committees.

§ 621. BOARD.

The activities of the Center shall be supervised by a Board to be composed of the Chief Justice of the United States, two judges of the United States Courts of Appeals, three judges of the United States District Courts, and the Director of the Administrative Office of the United States Courts.

Each of the judges of the United States Courts of Appeals and the United States District Courts shall be elected as members of the Board by a vote of the members of the Judicial Conference of the United States. The judges of the Courts of Appeals first named to the Board shall continue in office for terms of two and four years respectively from the date of the enactment of this chapter, the term of each to be designated by the Chief Justice following election by the Judicial Conference.

The judges of the United States District Courts first named to the Board shall continue in office for terms of two, three and four years, respectively, from the date of the enactment of this chapter, the term of each to be designated by the Chief Justice following election by the Judicial Conference.

Each successor of the first judge-members of the Board shall be elected for a term of four years from the date of the expiration of the term for which his predecessor was elected, except that any judge elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected only for the unexpired term of such predecessor. No judge-member shall be eligible to reelection as a member of the Board.

Members of the Board shall serve without additional compensation. The Chief Justice of the United States shall be the Chairman of the Board.

Regular meetings of the Board shall be held quarterly. Special meetings of the Board may be held from time to time upon the call of the Chairman or upon the request of any three members.

The Board shall take all necessary and appropriate steps to accomplish the purposes and perform the functions stated in § 620 of this Title, including but not limited to the following: The Board shall

develop and carry on programs of research, training, continuing education and administration in all areas of federal judicial administration. It shall make recommendations to the Judicial Conference of the United States and other appropriate agencies and officials for improvements in all such areas. It shall consider and recommend measures for the improvement of federal judicial administration and shall suggest appropriate studies for this purpose to be undertaken by both public and private agencies.

The Board shall submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Center and the Board's recommendations, which report, data and recommendations shall be public documents.

The Board shall also submit to Congress copies of the report and recommendations submitted to the Judicial Conference of the United

States.

§ 622. POWERS OF THE BOARD.

For the purpose of carrying out any function authorized by § 620 of this Title, the Board may accept donated funds and services, both public and private, and the use of such funds to pay the salaries of the officers or employees of the Center shall not be subject to the provisions of § 209 of Title 18, United States Code.

The Board is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this Act; and each such department, agency and instrumentality is authorized to cooperate with the Board and, to the extent permitted by law, to furnish such information to the Board, upon request made by the Chairman. The Board shall utilize insofar as possible the services or facilities of any agency of the Federal Government and, without regard to § 10 of the Act of March 2, 1861, as amended (41 U.S.C. § 5), of any appropriate state or other public agency. The Board may, without regard to § 10 of the Act of March 2, 1861, as amended (41 U.S.C. §5), utilize the services or facilities of any private agency, organization, group, or individual, in accordance with agreements between the head of such agency, organization, or group, or such individual, and the Board. Payment, if any, for such services or facilities shall be made in such amounts as may be provided in such agreement.

§ 623. CHIEF OF THE FEDERAL JUDICIAL CENTER.

(a) The Board shall appoint and fix the duties of a Chief of the Federal Judicial Center who shall serve at the pleasure of the Board. (b) The Chief of the Federal Judicial Center shall supervise the activities of persons employed in the Center and shall perform such other duties assigned to him by the Board.

(c) The Chief of the Federal Judicial Center, subject to the civil service laws, may appoint necessary employees of the Center. The Chief of the Federal Judicial Center may also procure personal services as authorized by § 15 of the Act of August 2, 1946, as amended (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals. The Chief of the Federal Judicial Center is authorized to incur travel and other miscellaneous expenses incident to the operation of the Center.

(d) The Board may contract with governmental or private agencies for research projects and for other purposes, and to that end may delegate such authority to the Chief of the Federal Judicial Center as the Board deems necessary or appropriate in the negotiation for or the execution of such contracts.

§ 624. COMPENSATION OF THE CHIEF OF THE FEDERAL JUDICIAL CENTER. The compensation of any Chief of the Federal Judicial Center shall be the same as that of a judge of a United States District Court, and his appointment and salary shall not be subject to the civil service laws or Classification Act of 1949, as amended; provided, however, that any Chief of the Federal Judicial Center who is a justice or judge of the United States who has not attained the age of seventy years but who has retired from regular active service pursuant to Section 371(b) of this Title shall serve without additional compensation.

§ 625. RETIREMENT OF THE CHIEF OF THE FEDERAL JUDICIAL CENTER.

(a) Any Chief of the Federal Judicial Center who elects to be subject to the provisions of this Section thereby waives his right to coverage under the Civil Service Retirement Act. Such election shall be made by filing a written notice with the Administrative Office of the United States Courts within six months after the date on which the Chief of the Federal Judicial Center takes office.

(b) Any Chief of the Federal Judicial Center who attains the age of 70 years shall be retired from his office.

(c) Any Chief of the Federal Judicial Center who retires, after having served at least 15 years and after having attained the age of 65 years, shall receive an annuity for life equal to 80 per centum of the salary of the office.

(d) Any Chief of the Federal Judicial Center who has served at least 10 years, but who is not eligible to receive an annuity under subsection (c), may elect to retire and receive an annuity for life equal to that proportion of 80 per centum of the salary of the office which the number of years of his service bears to fifteen, reduced by onequarter of one per centum for each full month, if any, he is under the age of 65 at the time of separation from service.

(e) Any Chief of the Federal Judicial Center who becomes permanently disabled from performing 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 if he has served at least 15 years, or equal to that proportion of 80 per centum of such salary which the aggregate number of years of his service bears to fifteen if he has served less than 15 years, but in no event less than 50 per centum of such salary. (f) For the purpose of this section, service means service, whether or not continuous, as Chief of the Federal Judicial Center, and any service not to exceed five years as a Judge of the United States, a Senator or Representative in Congress, a civilian official appointed by the President by and with the advice and consent of the Senate.

(g) The annuities provided by this section of this Title shall be paid by the Administrative Office of the United States Courts.

§ 626. SURVIVORSHIP BENEFITS OF THE WIDOW AND DEPENDENT CHILDREN OF THE CHIEF OF THE FEDERAL JUDICIAL CENTER.

The provisions of Section 376 of this title are hereby extended to include the Chief of the Federal Judicial Center. Each reference therein to a judge of the United States or to judicial service shall be deemed to include the Chief of the Federal Judicial Center.

As used in subsections (b), (c), (g), (i) and (n) of Section 376 of this title, the phrase "retirement from office by resignation on salary under Section 371(a) of this title" shall mean "retirement under Section 625."

§ 627. APPROPRIATIONS AND ACCOUNTING.

There is hereby authorized to be appropriated to carry out the provisions of this Act such sums as may be necessary to supplement funds and services accepted by the Board. The Administrative Office of the United States Courts shall provide accounting, disbursing, auditing and other fiscal services for the Federal Judicial Center.

In approving the report of the Special Committee, the Conference took note of the recommendation that the Special Committee, believing that it had completed the function for which it was created, should be discharged and determined that the Special Committee should remain in existence until Congressional action on its recommendations had been completed.

JUDICIAL STATISTICS

Senior Judge Harvey M. Johnsen, Chairman, presented the report of the Committee on Judicial Statistics.

COURTS OF APPEALS

Judge Johnsen advised the Conference that pursuant to its authorization at the September 1965 session (Conf. Rept., p. 47) the Committee had undertaken a comprehensive study of the workload of the courts of appeals and was prepared to recommend additional judgeships. Judge Johnsen stated that it had retained as consultant Mr. Will Shafroth, former Deputy Director of the Administrative Office, who undertook the task of making a field survey of all the courts of appeals and that the Committee's conclusions and recommendations were based on the analysis prepared by Mr. Shafroth.

Judge Johnsen pointed out that in the last five years the number of appeals has increased almost 70 percent. While the number of terminations per judgeship has also materially risen during the period from fiscal 1960 to fiscal 1966 (55 per judgeship in 1960 to