of such judge's salary shall be contributed from the appropriation used to pay the salary of the judge"; and

(2) by inserting after the words "salary of each such judge" in the second sentence a comma and the following: "together with the amounts so contributed,".

(c) Section 376 (c) of title 28, United States Code, is amended to read as follows:

“(c) (1) Each judge who has elected to bring himself within the purview of this section may deposit, with interest, to the credit of the judicial survivors annuity fund, a sum equal to 3 per centum of his salary received for service as a judge of the United States (including salary received after retirement from regular active service under section 371(b) or 372(a) of this title and salary received after retirement from office by resignation on salary under section 371 (a) of this title), and of his basic salary, pay, or compensation for service as a Senator, Representative, Delegate or Resident Commissioner in Congress, and for any other civilian service within the purview of section 8332 of title 5, for which deductions under subsection (b) or deposits under this subsection have not therefore been made. A judge or his survivors may elect to make a deposit for only his last five years of civilian service. No credit for service shall be allowed for any period of separation from service in excess of three calendar days. Each judge may elect to make such deposits in installments during the continuance of his judicial service in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts. Notwithstanding the failure of a judge to make such deposit, credit shall be allowed for the service rendered, but the annuity of the widow or dependent widower of such judge shall be reduced by an amount equal to 10 per centum of the amount of such deposit, computed as of the date of the death of such judge unless such widow or dependent widower shall elect to eliminate such service entirely from credit under subsection (o) of this section, except that no deposit shall be required for any service rendered prior to August 1, 1920, or for any honorable service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, or for any honorable service after June 30, 1960, in the Regular or Reserve Corps of the Public Health Service, or for honorable service after June 30, 1961, as a commissioner officer of the Environmental Science Services Administration.

“(2) A judge who has received a refund of survivor annuity deductions under this section from prior judicial service may receive credit for such service upon payment of a deposit equal to the amount of the refund received, with interest, to the credit of the judicial survivors annuity fund. A judge who has received a refund of retirement deductions under the provisions of subchapter III of chapter 83 of title 5, or any other retirement system established for employees of the Government, covering service for which he may be allowed credit under this section, may deposit the amount specified in subsection (c)(1) of this section, with interest, to the credit of the judicial survivors annuity fund. No credit shall be allowed for the service covered by the refund until the deposit is made.

"(3) For the purposes of this subsection, interest shall be computed from the midpoint of each service period included in the computation, or from the date a refund of retirement or survivor annuity deductions was paid, to the date of deposit, or commencing date of annuity, whichever is earlier. The interest shall be computed at the rate of 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded annually. Interest shall not be charged for a period of separation from service which began prior to January 1, 1969, or for any period for which the judge was not receiving salary under section 371 (a) or 373 of this title.

"(4) Deposits authorized under this subsection may also be made by the survivor of the judge.

"(5) Amounts deducted from the salary of a judge pursuant to subsection (b) of this section from the first day of the first month which begins after he has performed sufficient service (excluding service which the survivor elects to eliminate from credit under this subsection) to entitle the survivor of a judge to a maximum annuity provided by subsection (n) of this section, together with interest at the rate of 3 per centum per annum compounded annually from the date of the deductions to the date of death of such judge, may be applied toward any deposit authorized by this subsection. Amounts not so applied shall be paid in accordance with the order of precedence established by subsection (i) of this section.".

(d) Section 376 (d) of title 28, United States Code, is amended by striking out "or Federal farm loan bonds".

(e) Section 376 (e) of title 28, United States Code, is amended to read as follows:

"(e) Amounts deducted from the salary of a judge who has elected to bring himself within the purview of this section, and amounts deposited by such judge or by his survivors as provided by subsection (c) of this section, for credit to the judicial survivors annuity fund created by this section, covering service from and after August 1, 1920, shall be credited to an individual account of such judge.". (f) Section 376(f) of title 28, United States Code, is amended to read as follows: "(f) If any judge who has elected to bring himself within the purview of this section resigns from office otherwise than on salary under section 371 (a) of this title, or leaves office at the expiration of a recess appointment to which the Senate does not give its advice and consent, the amount credited to his individual account, together with interest, shall be returned to him. The interest shall be computed from the midpoint of each service period included in the computation, or from the date a deposit was made, at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded annually to the date of relinquishment of office.".

(g) Section 376 (g) of title 28, United States Code, is amended to read as follows:

"(g) (1) In case any judge who has elected to bring himself within the purview of this section shall die while in office (whether in regular active service or retired from such service under section 371(b) or 372 (a) of this title), or after retirement from office by resignation on salary under section 371(a) of this title, after having rendered at least five years of service computed as prescribed in subsection (o) of this section but excluding any service as a member of the Armed Forces of the United States otherwise includable for the purposes of such subsection, for the last five years of which the salary deductions provided by subsection (b) of this section or the deposits allowed by subsection (c) of this section have actually been made

"(A) if such judge is survived by a widow or dependent widower, there shall be paid to such widow or dependent widower an annuity in an amount computed as provided in subsection (n) of this section;

"(B) if such judge is survived by a widow or widower, there shall be paid to or on behalf of each surviving child an annuity equal to the smallest of (i) 40 per centum of the average salary of the judge for his last five years of judicial service divided by the number of children, (ii) $661.20, or (iii) $1,983.60 divided by the number of such children, subject to the provisions of subsection (t) of this section; or

"(C) if such judge leaves no surviving widow or widower, there shall be paid to or on behalf of each surviving child, an annuity equal to the smallest of (i) 50 per centum of the average salary of the judge for his last five years of judicial service divided by the number of children, (ii) $793.44, or (iii) $2,380.32 divided by the number of children, subject to the provisions of subsection (t) of this section.

"(2) The annuity of a widow or dependent widower under this subsection shall commence on the day after the judge dies. Such annuity shall terminate on the last day of the month preceding (A) the death of the widow or dependent widower, (B) remarriage of the widow or dependent widower of the judge, or (C) the month in which the dependent widower becomes capable of self-support. "(3) The annuity of a child under this subsection shall commence on the day after the judge dies, or shall commence or resume on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a) (4) of section 8341 of title 5, if any lump sum paid is returned to the fund. The annuity of a child and the right thereto shall terminate on the last day of the month before the child—

(A) becomes 18 years of age unless he is then a student as described in subsection (a) (4) of section 8341 of title 5 or incapable of self-support; (B) becomes capable of self-support after becoming 18 years of age unless he is then such a student;

(C) becomes 22 years of age if he is then such a student and capable of self-support;

(D) ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or

(E) dies or marries;

whichever first occurs.

"(4) In case of the death of a widow or widower of a judge, leaving a surviving child of the judge, the annuity of such child shall be recomputed and paid as provided in paragraph (1)(C) of this subsection. In any case in which the annuity of a child under this subsection is terminated, the annuity of any remaining child based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived such judge.".

(h) Subsection 376 (h) of title 28, United States Code, is amended to read as follows:

"(h) As used in this section

"(1) the term 'widow' shall mean the surviving wife of a judge who was married to such judge for at least two years immediately preceding his death or is the mother of issue by such marriage;

"(2) the term 'widower' shall mean the surviving husband of a judge who was married to such judge for at least two years immediately preceding her death or is the father of issue by such marriage. The term 'dependent widower' shall mean a widower who is incapable of self-support by reason of mental or physical disability, and who received more than one-half his support from such judge;

"(3) the term 'child' shall mean a child as defined in subsection (a)(4) of section 8341 of title 5, except that for the purposes of this section the phrases 'employee or Member' and 'Civil Service Commission' appearing in that subsection shall be read as 'judge' and 'Director of the Administrative Office of the United States Courts', respectively.

"Questions of dependency and disability arising under this section shall be determined by the Director of the Administrative Office of the United States Courts subject to review only by the Judicial Conference of the United States, the decision of which shall be final and conclusive. The Director may order or direct at any time such medical or other examinations as he shall deem necessary to determine the facts relative to the nature and degree of disability of any dependent widower or dependent child who is an annuitant or applicant for annuity under this section, and may suspend or deny any such annuity for failure to submit to any examination.".

(i) Section 376 (i) of title 28, United States Code, is amended

(1) by striking from the first sentence "on December 31st of each year" and inserting in lieu thereof "annually";

(2) by striking from the clause designated "First" the semicolon and inserting in lieu thereof a comma and the following: "except that for this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;"

(3) by inserting in the clause designated "Second" immediately after "widow" the words "or widower"; and

(4) by inserting after "widow" in the last sentence a comma and the following: "widower,".

(j) Section 376 (j) of title 28, United States Code, is amended by striking "on December 31st of each year" and inserting in lieu thereof "annually".

(k) Section 376 (m) of title 28, United States Code, is amended by adding immediately after "monthly installments" a comma and the following: "fixed at the nearest dollar,".

(1) Section 376(n) of title 28, United States Code, is amended to read as follows:

"(n) The annuity of a widow or dependent widower of a judge who has elected to bring himself within the purview of this section shall be an amount equal to the sum of (1) 1.375 per centum of the average annual salary received by such judge for judicial service and any other prior allowable service during the last five years of such service prior to his death, or retirement from office by resignation on salary under section 371 (a) of this title, multiplied by the sum of his years of judicial service, his years of prior allowable service as a Senator, Representative, Delegate or Resident Commissioner in Congress, his years of prior allowable service performed as a member of the Armed Forces of the United States, and his years, not exceeding fifteen, of prior allowable service performed as a congressional employee as defined in section 2107 of title 5, (2) 0.825 per centum of such average annual salary multiplied by so much of any other prior allowable service as does not exceed five years, (3) 0.9625 per centum

of such average annual salary multiplied by so much of such other prior allowable service as exceeds five years but does not exceed ten years, and (4) 1.1 per centum of such average annual salary multiplied by so much of such other allowable service as exceeds ten years; but such annuity shall not exceed 44 per centum of such average annual salary and shall be further reduced in accordance with subsection (o) of this section, if applicable.".

(m) Section 376 (o) of title 28, United States Code, is amended—

(1) by striking out "his widow" and inserting in lieu thereof "the widow or dependent widower of such judge";

(2) by inserting immediately before "active service as a member" the word "honorable";

(3) by striking out "under any other provision of law," and inserting in lieu thereof "that was being received by the judge at the time of his death under any other provision of law, his years of service for which a deposit was made as provided by subsection (c) (2) of this section," ;

(4) by striking out "section 707 of title 5" and inserting in lieu thereof "section 8332 of title 5"; and

(5) by adding immediately at the end thereof the following: "The total service of a judge is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.".

(n) Section 376 (p) of title 28, United States Code, is amended to read as follows:

"(p) Nothing contained in this section shall be construed to prevent a widow or dependent widower eligible therefor from simultaneously receiving an annuity under this section and any annuity to which she or he may be entitled under any other law without regard to this section, but in computing such other annuity, service used in the computation of the annuity of the widow or dependent widower under this section shall not be credited.".

(0) Section 376 of title 28, United States Code, is amended by adding at the end thereof the following new subsection:

"(t) Annuities payable under this section shall be increased from time to time by the Director of the Administrative Office of the United States Courts by reason of rises in the price index, in the same manner and to the same extent as annuities payable to survivors of Members of Congress are increased by the Civil Service Commission under the provisions of section 8340 of title 5."

SEC. 2. Except for adjustments under section 376 (t) of title 28, United States Code, as amended by this Act due to an increased cost of living, the amendments made by the first section of this Act shall not apply in the case of annuities which became payable prior to the first day of the first month following the date of enactment of this Act, and such annuities shall continue in the same manner and to the same extent as if the first section of this Act had not been enacted. Any annuity payable on or after the first day of the first month following the date of enactment of this Act shall be adjusted and paid in accordance with such section 376(t).

SEC. 3. The annuity of each surviving spouse whose entitlement to annuity payable from the judicial survivors annuity fund resulted from the death of a judge prior to the first day of the first month after the enactment of this Act shall be increased by X per centum.

SEC. 4. Any judge, the Director of the Federal Judicial Center, and the Director of the Administrative Office of the United States Courts, holding office on the Idate of enactment of this Act, shall have six months from such date to file a written election under section 376(a) of title 28, United States Code, as amended by this Act.

[S. 3061, 90th Cong., second sess.]

A BILL To amend provisions of law relating to the retirement of Justices and judges of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 371 of title 28, United States Code, is amended

(1) by striking the word "seventy" in subsection (a) thereof and inserting instead the word "sixty-five";

(2) by redesignating subsection (b) thereof subsection (c), striking out the words "after attaining the age of seventy years and after serving at least ten years continuously or otherwise, or" in such subsection and by strik

ing out the word "fifteen" in such subsection and inserting in lieu thereof "ten"; and

(3) by inserting a new subsection (b) to read:

"Every Justice or judge of the United States appointed to hold office during good behavior shall be retired upon his attainment of the age of seventy years. The President shall forthwith appoint, by and with the advice and consent of the Senate, a successor to each Justice or judge so retired. Each Justice or judge so retired shall, during the remainder of his lifetime, continue to receive the salary of the office."

SEC. 2. The provisions of this Act shall not affect the tenure or terms of resignation or retirement of any judge serving on the day of its enactment.

[S. 3062, 90th Cong., second sess.]

A BILL To provide for the appointment of an administrator of the courts for each judicial circuit

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 332 of title 28, United States Code, is amended (a) by designating each of the existing paragraphs thereof as subsections (a), (b), (c), and (d), respectively; and (b) by inserting a new subsection (e) to read:

"(e) Each circuit's judicial council shall appoint an administrator of the courts of that circuit, who shall perform such administrative duties as the chief judge of the circuit shall from time to time require.

"Each administrator of the courts shall be paid at a salary to be established by the Judicial Conference of the United States and shall serve at the pleasure of the circuit council."

[From the Congressional Record, Feb. 28, 1968]

S. 3055-INTRODUCTION OF THE JUDICIAL REFORM ACT OF 1968

Mr. TYDINGS. Mr. President, I ask unanimous consent that the text of the bill and materials I now send to the desk be included in the Record in their entirety at the conclusion of my remarks.

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.

Mr. TYDINGS. Mr. President, I am today introducing legislation that has been a principal concern of the Subcommittee on Improvements in Judicial Machinery for over 2 years. The problems it would resolve are many and critical. They have been studied, researched, discussed, and rediscussed by our subcommittee only in recent years, but they have been plaguing the judiciary for decades.

My bill is entitled the Judicial Reform Act. It is an attempt to solve a number of the critical problems confronting our Federal courts. It would establish machinery within the judiciary to deal with judges who through their actions have failed to meet the standard of good behavior required by article III of the Constitution. It clarifies current provisions relating to the involuntary retirement of disabled judges. It improves judicial survivorship benefits and places them on a sound financial and actuarial basis. It deals with conflict-of-interest problems; with the selection of chief judges of both our circuit and district courts; and finally, with the membership of the judicial councils. Careful study by the subcommittee has revealed that each of these areas deserves the present attention of the Congress. Let me briefly outline this legislation for my colleagues

TITLE I

Title I of the act relates to a sensitive concern of us all: The problem of judicial fitness, judicial tenure, and the image of our courts in the eyes of our citizenry. It is perhaps true that no institution of our Government has been invested with such personal trusts, and such delicate responsibilities, as have the courts of the United States, but is certainly a fact that no officers of our Government have, as a group and over so long a period, enjoyed the almost total confidence of those they served, as have our U.S. judges.

The record of the Federal judiciary has been an example of devotion and integrity in all but a relatively few instances. Nevertheless, there are times when the specter of past indiscretions, as well as the suspicion of present mis