Page images
PDF
EPUB

9

1

(3) The President shall appoint six judges and one State 2 court administrator from a list of candidates submitted by the 3 Conferences of Chief Justices. The Conference of Chief Jus4 tices shall submit a list of at least fourteen individuals, in5 cluding judges and State court administrators, whom the con6 ference considers best qualified to serve on the Board. Prior 7 to consulting with or submitting a list to the President, the 8 Conference of Chief Justices shall obtain and consider the 9 recommendations of all interested organizations and individ10 uals concerned with the administration of justice and the 11 objectives of this Act.

12 (4) In addition to those members appointed under para13 graph (3), the President shall appoint four members from the 14 public sector to serve on the Board.

15

(5) The President shall appoint the members under this 16 subsection within sixty days from the date of enactment of

17 this Act.

18

(b)(1) Except as provided in paragraph (2), the term of 19 each voting member of the Board shall be three years. Each 20 member of the Board shall continue to serve until the succes21 sor to such member has been appointed and qualified.

22 (2) Five of the members first appointed by the President 23 shall serve for a term of two years. Any member appointed to 24 serve for an unexpired term arising by virtue of the death, 25 disability, retirement, or resignation of a member shall be

10

1 appointed only for such unexpired term, but shall be eligible

2 for reappointment.

3

(3) The term of initial members shall commence from 4 the date of the first meeting of the Board, and the term of 5 each member other than an initial member shall commence 6 from the date of termination of the preceding term.

7 (c) No member shall be reappointed to more than two 8 consecutive terms immediately following such member's ini9 tial term.

10 (d) Members of the Board shall serve without compensa11 tion, but shall be reimbursed for actual and necessary ex12 penses incurred in the performance of their official duties. 13 (e) The members of the Board shall not, by reason of 14 such membership, be considered officers or employees of the 15 United States.

16 (f) Each member of the Board shall be entitled to one 17 vote. A simple majority of the membership shall constitute a 18 quorum for the conduct of business. The Board shall act upon 19 the concurrence of a simple majority of the membership 20 present and voting.

21 (g) The Board shall select from among the voting mem22 bers of the Board a chairman, the first of whom shall serve 23 for a term of three years. Thereafter, the Board shall annual24 ly elect a chairman from among its voting members.

11

1 (h) A member of the Board may be removed by a vote of 2 seven members for malfeasance in office, persistent neglect 3 of, or inability to discharge, duties, or for any offense involv4 ing moral turpitude, but for no other cause.

5

(i) Regular meetings of the Board shall be held quarter6 ly. Special meetings shall be held from time to time upon the

7 call of the chairman, acting at his own discretion or pursuant 8 to the petition of any seven members.

9

(j) All meetings of the Board, any executive committee 10 of the Board, and any council established in connection with 11 this Act, shall be open and subject to the requirements and 12 provisions of section 552b of title 5, United States Code, 13 relating to open meetings.

14 (k) In its direction and supervision of the activities of the 15 Institute, the Board shall

[blocks in formation]

(1) establish such policies and develop such programs for the Institute as will further achievement of

its purpose and performance of its functions;

(2) establish policy and funding priorities and issue rules, regulations, guidelines, and instructions pursuant to such priorities;

(3) appoint and fix the duties of the Executive Director of the Institute, who shall serve at the pleasure of the Board and shall be a nonvoting ex officio

member of the Board;

1

2

3

4

5

6

7

8

9

10

11

12

13

14

12

(4) present to other Government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the State judiciaries of the United States, the recommendations of the Institute for the improvement of such pro

grams or activities;

(5) consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States considered worthy of special study; and

(6) award grants and enter into cooperative agree

ments or contracts pursuant to section 7(a).

OFFICERS AND EMPLOYEES

SEC. 6. (a)(1) The Director, subject to general policies. 15 established by the Board, shall supervise the activities of per16 sons employed by the Institute and may appoint and remove 17 such employees as he determines necessary to carry out the 18 purposes of the Institute. The Director shall be responsible 19 for the executive and administrative operations of the Insti20 tute, and shall perform such duties as are delegated to such 21 Director by the Board and the Institute.

22 (2) No political test or political qualification shall be 23 used in selecting, appointing, promoting, or taking any other 24 personnel action with respect to any officer, agent, or em25 ployee of the Institute, or in selecting or monitoring any

13

1 grantee, contractor, person, or entity receiving financial as

2 sistance under this Act.

3 (b) Officers and employees of the Institute shall be com4 pensated at rates determined by the Board, but not in excess 5 of the rate of level V of the Executive Schedule specified in 6 section 5316 of title 5, United States Code.

7

(c)(1) Except as otherwise specifically provided in this 8 Act, the Institute shall not be considered a department,

9 agency, or instrumentality of the Federal Government.

10

(2) This Act does not limit the authority of the Office of 11 Management and Budget to review and submit comments 12 upon the Institute's annual budget request at the time it is 13 transmitted to the Congress.

14 (d)(1) Except as provided in paragraph (2), officers and 15 employees of the Institute shall not be considered officers or 16 employees of the United States.

17 (2) Officers and employees of the Institute shall be con18 sidered officers and employees of the United States solely for 19 the purposes of the following provisions of title 5, United 20 States Code: Subchapter I of chapter 81 (relating to compen21 sation for work injuries); chapter 83 (relating to civil service 22 retirement); chapter 87 (relating to life insurance); and chap23 ter 89 (relating to health insurance). The Institute shall make 24 contributions under the provisions referred to in this subsec

« PreviousContinue »