US (United States) Code. Title 28. Part III. Chapter 41: Administrative office of US (United States) courts

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED

STATES COURTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-MISC1-

Sec.

601. Creation; Director and Deputy Director.

602. Employees.

603. Salaries.

604. Duties of Director generally.

605. Budget estimates.

606. Duties of Deputy Director.

607. Practice of law prohibited.

608. Seal.

609. Courts' appointive power unaffected.

610. Courts defined.

611. Retirement of Director.

612. Judiciary Automation Fund.(!1)

613. Disbursing and certifying officers.

AMENDMENTS

2000 - Pub. L. 106-518, title III, Sec. 304(b), Nov. 13, 2000,

114 Stat. 2418, added item 613.

1989 - Pub. L. 101-162, title IV, Sec. 404(b)(2), Nov. 21, 1989,

103 Stat. 1015, added item 612.

1967 - Pub. L. 90-219, title II, Sec. 201(b), Dec. 20, 1967, 81

Stat. 668, added item 611.

1959 - Pub. L. 86-370, Sec. 5(a)(2), Sept. 23, 1959, 73 Stat.

652, substituted "Deputy Director" for "Assistant Director" in

items 601 and 606.

1949 - Act May 24, 1949, ch. 139, Sec. 72a, 63 Stat. 100,

inserted an apostrophe after "Courts" and struck out comma after

"Courts" in item 609.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 104-106 without

corresponding amendment of chapter analysis.

-End-

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28 USC Sec. 601 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 601. Creation; Director and Deputy Director

-STATUTE-

The Administrative Office of the United States Courts shall be

maintained at the seat of government. It shall be supervised by a

Director and a Deputy Director appointed and subject to removal by

the Chief Justice of the United States, after consulting with the

Judicial Conference. The Director and Deputy Director shall be

deemed to be officers for purposes of title 5, United States Code.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 913; Pub. L. 86-370, Sec.

5(a)(1), Sept. 23, 1959, 73 Stat. 652; Pub. L. 101-650, title III,

Sec. 307, Dec. 1, 1990, 104 Stat. 5112; Pub. L. 104-317, title VI,

Sec. 602, Oct. 19, 1996, 110 Stat. 3857.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C. 1940 ed., Sec. 444 (Mar. 3, 1911, ch.

231, Sec. 302 as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains part of section 444 of title 28, U.S.C.,

1940 ed. The remainder of said section 444 is incorporated in

sections 603, 606 and 608 of this title.

Changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-317 inserted at end "The Director and Deputy

Director shall be deemed to be officers for purposes of title 5,

United States Code."

1990 - Pub. L. 101-650 substituted "Chief Justice of the United

States, after consulting with the Judicial Conference" for "Supreme

Court".

1959 - Pub. L. 86-370 substituted "Deputy Director" for

"Assistant Director".

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-370 effective Sept. 23, 1959, see section

7(a) of Pub. L. 86-370.

VETERANS' PREFERENCE IN JUDICIAL BRANCH APPOINTMENTS

Pub. L. 105-339, Sec. 4(d), Oct. 31, 1998, 112 Stat. 3186,

provided that:

"(1) In general. - Subject to paragraphs (2) and (3), the

Judicial Conference of the United States shall prescribe procedures

to provide for -

"(A) veterans' preference in the consideration of applicants

for employment, and in the conduct of any reductions in force,

within the judicial branch; and

"(B) redress for alleged violations of any rights provided for

under subparagraph (A).

"(2) Procedures. - Under the procedures, a preference eligible

(as defined by section 2108 of title 5, United States Code) shall

be afforded preferences in a manner and to the extent consistent

with preferences afforded to preference eligibles in the executive

branch.

"(3) Exclusions. - Nothing in the procedures shall apply with

respect to an applicant or employee -

"(A) whose appointment is made by the President with the advice

and consent of the Senate;

"(B) whose appointment is as a judicial officer;

"(C) whose appointment is required by statute to be made by or

with the approval of a court or judicial officer; or

"(D) whose appointment is to a position, the duties of which

are equivalent to those of a Senior Executive Service position

(within the meaning of section 3132(a)(2) of title 5, United

States Code).

"(4) Definitions. - For purposes of this subsection, the term

'judicial officer' means a justice, judge, or magistrate judge

listed in subparagraph (A), (B), (F), or (G) of section 376(a)(1)

of title 28, United States Code.

"(5) Submission to congress; effective date. -

"(A) Submission to congress. - Not later than 12 months after

the date of enactment of this Act [Oct. 31, 1998], the Judicial

Conference of the United States shall submit a copy of the

procedures prescribed under this subsection to the Committee on

Government Reform and Oversight [now Committee on Government

Reform] and the Committee on the Judiciary of the House of

Representatives and the Committee on Governmental Affairs and the

Committee on the Judiciary of the Senate.

"(B) Effective date. - The procedures prescribed under this

subsection shall take effect 13 months after the date of

enactment of this Act."

REFERENCE TO ASSISTANT DIRECTOR DEEMED REFERENCE TO DEPUTY DIRECTOR

Section 5(a)(4) of Pub. L. 86-370 provided that: "Whenever the

Assistant Director of the Administrative Office of the United

States Courts is referred to in any other law, such reference shall

be deemed to be to the Deputy Director of the Administrative Office

of the United States Courts."

CONTINUATION OF LAW EXISTING ON SEPT. 1, 1948

Section 2(b) of act June 25, 1948, provided that: "The provisions

of title 28, Judiciary and Judicial Procedure, of the United States

Code, set out in section 1 of this Act, with respect to the

organization of each of the several courts therein provided for and

of the Administrative Office of the United States Courts, shall be

construed as continuations of existing law, and the tenure of the

judges, officers, and employees thereof and of the United States

attorneys and marshals and their deputies and assistants, in office

on the effective date of this Act [Sept. 1, 1948], shall not be

affected by its enactment, but each of them shall continue to serve

in the same capacity under the appropriate provisions of title 28,

as set out in section 1 of this Act, pursuant to his prior

appointment: Provided, however, That each circuit court of appeals

shall, as in said title 28 set out, hereafter be known as a United

States court of appeals. No loss of rights, interruption of

jurisdiction, or prejudice to matters pending in any of such courts

on the effective date of this Act shall result from its enactment."

-End-

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28 USC Sec. 602 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 602. Employees

-STATUTE-

(a) The Director shall appoint and fix the compensation of

necessary employees of the Administrative Office in accordance with

the Administrative Office of the United States Courts Personnel Act

of 1990.

(b) Notwithstanding any other law, the Director may appoint

certified interpreters in accordance with section 604(a)(16)(B) of

this title without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, relating to classification

and General Schedule pay rates, but the compensation of any person

appointed under this subsection shall not exceed the appropriate

equivalent of the highest rate of pay payable for the highest grade

established in the General Schedule, section 5332 of title 5.

(c) The Director may obtain personal services as authorized by

section 3109 of title 5, at rates not to exceed the appropriate

equivalent of the highest rate of pay payable for the highest grade

established in the General Schedule, section 5332 of title 5.

(d) All functions of other officers and employees of the

Administrative Office and all functions of organizational units of

the Administrative Office are vested in the Director. The Director

may delegate any of the Director's functions, powers, duties, and

authority (except the authority to promulgate rules and

regulations) to such officers and employees of the judicial branch

of Government as the Director may designate, and subject to such

terms and conditions as the Director may consider appropriate; and

may authorize the successive redelegation of such functions,

powers, duties, and authority as the Director may deem desirable.

All official acts performed by such officers and employees shall

have the same force and effect as though performed by the Director

in person.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 913; Pub. L. 95-539, Sec. 5, Oct.

28, 1978, 92 Stat. 2044; Pub. L. 101-474, Sec. 5(a), (q), Oct. 30,

1990, 104 Stat. 1099, 1101; Pub. L. 101-650, title III, Sec.

325(b)(4), Dec. 1, 1990, 104 Stat. 5121.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 445 (Mar. 3, 1911, ch.

231, Sec. 303, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains provisions in section 445 of title 28,

U.S.C., 1940 ed., for appointment of employees.

Words "with the approval of the Supreme Court" were omitted to

relieve the court of the burden of approving appointments which in

practice should properly be made by the Director under the

supervision of the Judicial Conference of the United States.

The remainder of section 445 of title 28, U.S.C., 1940 ed., is

incorporated in sections 603 and 607 of this title.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Administrative Office of the United States Courts Personnel

Act of 1990, referred to in subsec. (a), is Pub. L. 101-474, Oct.

30, 1990, 104 Stat. 1097, which amended this section and sections

603 and 604 of this title and sections 2301, 2302, 4301, 4501,

4701, 5102, 5108, 5349, 5595, 5596, 8331, 8347, 8401, and 8402 of

Title 5, Government Organization and Employees, and enacted

provisions set out below. For complete classification of this Act

to the Code, see Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-474, Sec. 5(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The Director shall appoint and fix the compensation of necessary

employees of the Administrative Office in accordance with the

provisions of chapter 51 and subchapter III of chapter 53 of title

5, relating to classification and General Schedule pay rates."

Subsec. (b). Pub. L. 101-474, Sec. 5(q), and Pub. L. 101-650

amended subsec. (b) identically, substituting "604(a)(16)(B)" for

"604(a)(15)(B)".

1978 - Pub. L. 95-539, among other changes, substituted provision

authorizing the Director to appoint and fix the compensation of

necessary employees in accordance with chapter 51 and subchapter

III of chapter 53 of title 5 for provision authorizing the

Director, subject to the provisions of the civil service laws, to

appoint necessary employees for the Administrative Office and

inserted provisions relating to appointing and fixing the

compensation of certified interpreters, to obtaining personal

services as authorized by section 3109 of title 5, and to

transferring to the Director all of the functions of the officers

and employees of the Administrative Office and all the functions of

the organizational units of the Administrative Office with power in

the Director to delegate his authority.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 10 of Pub. L. 95-539 provided that:

"(a) Except as provided in subsection (b), this Act [enacting

section 1827 and 1828 of this title, amending this section and

sections 603, 604, and 1920 of this title, enacting provisions set

out as notes under this section and section 1 of this title, and

repealing provisions set out as a note under this section] shall

take effect on the date of the enactment of this Act [Oct. 28,

1978].

"(b) Section 2 of this Act [enacting sections 1827 and 1828 of

this title] shall take effect ninety days after the date of the

enactment of this Act [Oct. 28, 1978]."

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

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.

ADMINISTRATIVE OFFICE OF UNITED STATES COURTS PERSONNEL

Sections 1 to 4 and 6 of Pub. L. 101-474 provided that:

"SECTION 1. SHORT TITLE.

"This Act [see References in Text note above and Tables for

classification] may be cited as the 'Administrative Office of the

United States Courts Personnel Act of 1990'.

"SEC. 2. GENERAL PERSONNEL AUTHORITY.

"The Director of the Administrative Office of the United States

Courts (hereinafter in this Act referred to as the 'Director') may

appoint, fix the compensation of, assign, and direct such personnel

as the Director determines necessary to discharge the duties and

functions of the Administrative Office.

"SEC. 3. ESTABLISHMENT OF PERSONNEL MANAGEMENT SYSTEM.

"(a) The Director shall, by regulation, establish a personnel

management system for the Administrative Office which provides for

the appointment, pay, promotion, and assignment of all employees on

the basis of merit, but without regard to the provisions of title

5, United States Code, governing appointments and other personnel

actions in the competitive service, or the provisions of chapter 51

and subchapter III of chapter 53 of such title, relating to

classification and General Schedule pay rates. The system shall

apply to all Administrative Office employees except those referred

to in section 603 of title 28, United States Code, and shall, at a

minimum -

"(1) provide for a schedule of pay rates applicable to all

employees; except as provided in paragraph (10), the basic pay of

any person appointed under this section shall not exceed the rate

of basic pay for level V of the Executive Schedule;

"(2) incorporate pay comparability principles as set forth in

section 5301(a) of title 5, United States Code;

"(3) provide for the adjustment of the pay of employees at the

same time and in the same percentage amount as rates of basic pay

are adjusted for General Schedule and prevailing rate employees,

as appropriate;

"(4) establish procedures for employee evaluations, the

granting of periodic pay adjustments, incentive awards, and

resolution of employee grievances;

"(5) establish procedures for disciplinary actions, including

reduction in grade or pay, suspension, and removal, based on

unacceptable performance or misconduct, except that -

"(A) such procedures shall be consistent with -

"(i) section 4303 of title 5, United States Code, to the

extent that they relate to adverse actions based on

unacceptable performance; and

"(ii) chapter 75 of title 5, United States Code, to the

extent that they relate to adverse actions covered by such

chapter; and

"(B) the Director may exempt from these procedures positions

of a confidential or policy-determining character, not to

exceed 4 percent of the authorized positions of the

Administrative Office;

"(6) establish procedures for premium pay (including overtime),

except that the Director may at his discretion implement flexible

and compressed work schedules and may exempt the hours

constituting such schedules from premium pay to the extent he

deems necessary to implement such schedules;

"(7) include the principles set forth in section 2301(b) of

title 5, United States Code;

"(8) prohibit personnel practices prohibited under section

2302(b) of title 5, United States Code;

"(9) prohibit discrimination on the basis of race, color,

religion, age, sex, national origin, political affiliation,

marital status, or handicapping condition; the Director must

promulgate regulations providing procedures for resolving

complaints of discrimination by employees and applicants for

employment;

"(10) provide for the basic pay of not more than 5 percent of

the authorized positions of the Administrative Office (excluding

the positions referred to in section 603 of title 28, United

States Code) to be set at rates not to exceed the rate of basic

pay for positions at level IV of the Executive Schedule; the

aggregate pay (including basic pay and incentive awards) of any

individual whose basic pay is set under this subsection may not

exceed the salary of the Director; and

"(11) in the case of any individual who would be a preference

eligible in the executive branch, provide preference for that

individual in a manner and to an extent consistent with

preference accorded to preference eligibles in the executive

branch.

"(b) The Director may apply the provisions of sections 5723 and

6304(f) of title 5, United States Code, to the positions referred

to in subsection (a)(10) and in section 603 of title 28, United

States Code, including the Deputy Director.

"(c) The Director may provide for incentive awards for the

positions referred to in section 603 of title 28, United States

Code, including the Deputy Director, subject to the aggregate pay

limitation in subsection (a)(10).

"(d) The Chief Justice of the United States or the Judicial

Conference of the United States may grant incentive awards to the

Director, except that the Director's aggregate pay for any fiscal

year, including salary and incentive awards, may not exceed the

salary of a United States circuit judge. The Chief Justice or the

Judicial Conference may authorize application of section 5723 of

title 5, United States Code, to the Director.

"(e) The Director may develop and conduct programs to meet the

short- and long-range training needs of the agency.

"(f) Notwithstanding any other provision of law, an individual

who is an employee of the Administrative Office on the day before

the effective date of this section and who, as of that day, was

entitled to -

"(1) appeal a reduction in grade or removal to the Merit

Systems Protection Board under chapter 43 of title 5, United

States Code,

"(2) appeal an adverse action to the Merit Systems Protection

Board under chapter 75 of title 5, United States Code, or

"(3) file an appeal with the Equal Employment Opportunity

Commission under part 1613 of title 29 of the Code of Federal

Regulations,

shall continue to be entitled to file such appeal so long as the

individual remains an employee of the Administrative Office, except

that this provision shall not apply to employees in positions

referred to in section 603 of title 28, United States Code, or in

positions of a confidential or policy-determining character

referred to in subsection (a)(10).

"(g) Nothing in this Act shall be construed to abolish or

diminish any right or remedy granted to employees of or applicants

for employment in the Administrative Office by any law prohibiting

discrimination in Federal employment on the basis of race, color,

religion, age, sex, national origin, political affiliation, marital

status, or handicapping condition, except that, with respect to any

such employees and applicants for employment, any authority granted

under any such law to the Equal Employment Opportunity Commission,

the Office of Personnel Management, the Merit Systems Protection

Board, or any other agency in the executive branch, shall be

exercised by the Administrative Office.

"SEC. 4. NONCOMPETITIVE APPOINTMENTS.

"(a) Notwithstanding any other provision of law, any employee of

the Administrative Office who has completed at least 1 year of

continuous service under a nontemporary appointment under the

personnel system established pursuant to section 3 acquires a

competitive status for appointment to any position in the

competitive service for which the employee possesses the required

qualifications.

"(b) A period of continuous service performed as a nontemporary

employee of the Administrative Office immediately before the

personnel system under section 3 takes effect shall, for purposes

of subsection (a), be treated as if it had been performed under

such system.

"SEC. 6. AUTHORIZATION.

"There are authorized to be appropriated for fiscal year 1990 and

for each fiscal year thereafter such sums as may be necessary to

carry out the provisions of this Act."

CONTRACT LIMITATIONS

Section 11 of Pub. L. 95-539 provided that: "Any contracts

entered into under this Act or any of the amendments made by this

Act [enacting sections 1827 and 1828 of this title, amending this

section and sections 603, 604, and 1920 of this title, enacting

provisions set out as notes under this section and section 1 of

this title, and repealing provisions set out as a note under this

section] shall be limited to such extent or in such amounts as are

provided in advance in appropriation Acts."

EMPLOYMENT OF EXPERTS OR CONSULTANTS; RATES

Pub. L. 86-370, Sec. 5(b), Sept. 23, 1959, 73 Stat. 652,

authorized the Director of the Administrative Office of the United

States Courts to procure the temporary or intermittent services of

experts or consultants, prior to repeal by Pub. L. 95-539, Sec. 8,

Oct. 28, 1978, 92 Stat. 2044.

-End-

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28 USC Sec. 603 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 603. Salaries

-STATUTE-

The salary of the Director shall be the same as the salary of a

district judge. Notwithstanding any other provision of law, the

Director shall not be deemed to be an "employee" for the purpose of

subchapter I of chapter 63 of title 5. The salary of the Deputy

Director shall be 92 percent of the salary of the Director. The

salaries of six additional positions shall be fixed by the Director

at rates not to exceed the annual rate of basic pay for positions

at level IV of the Executive Schedule under section 5315 of title

5.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 913; Oct. 15, 1949, ch. 695,

Secs. 5(b), 6(b), 63 Stat. 881; Oct. 31, 1951, ch. 655, Sec. 43(b),

65 Stat. 725; Pub. L. 86-370, Sec. 5(a)(1), Sept. 23, 1959, 73

Stat. 652; Pub. L. 88-426, title IV, Sec. 403(g), Aug. 14, 1964, 78

Stat. 434; Pub. L. 90-206, title II, Sec. 213(d), Dec. 16, 1967, 81

Stat. 635; Pub. L. 95-539, Sec. 6, Oct. 28, 1978, 92 Stat. 2044;

Pub. L. 100-202, Sec. 101(a) [title IV, Sec. 409], Dec. 22, 1987,

101 Stat. 1329, 1329-27; Pub. L. 100-459, title IV, Sec. 406, Oct.

1, 1988, 102 Stat. 2213; Pub. L. 101-474, Sec. 5(b), Oct. 30, 1990,

104 Stat. 1099.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 444, 445 (Mar. 3,

1911, ch. 231, Secs. 302, 303, as added Aug. 7, 1939, ch. 501, Sec.

1, 53 Stat. 1223).

This section consolidates parts of title 28, U.S.C., 1940 ed.,

Secs. 444, 445. The remainder of said sections are incorporated in

sections 601, 602, 606, 607, and 608 of this title.

The figure "$9,376.50" was substituted for "$7,500" as the salary

of the Assistant Director in conformity with section 934 of title

5, U.S.C., 1940 ed., Executive Departments and Government Officers

and Employees.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

The [former] figure, "$7,500," with respect to salary of the

Assistant Director, was restored by Senate amendment. See 80th

Congress Senate Report No. 1559, amendments Nos. 15 and 65.

AMENDMENTS

1990 - Pub. L. 101-474 inserted after first sentence

"Notwithstanding any other provision of law, the Director shall not

be deemed to be an 'employee' for the purpose of subchapter I of

chapter 63 of title 5. The salary of the Deputy Director shall be

92 percent of the salary of the Director." and struck out "of the

Deputy Director and" after "The salaries".

1988 - Pub. L. 100-459 substituted "six" for "three".

1987 - Pub. L. 100-202 substituted "The salaries of the Deputy

Director and of three additional positions shall be fixed by the

Director at rates not to exceed the annual rate of basic pay for

positions at level IV of the Executive Schedule under section 5315

of title 5" for "The salary of the Deputy Director shall be in the

same amount as the annual rate of basic pay for positions at level

V of the Executive Schedule under section 5316 of title 5".

1978 - Pub. L. 95-539 struck out provision authorizing the

Director to fix the compensation of Administrative Office employees

in accordance with the Classification Act of 1949.

1967 - Pub. L. 90-206 increased salaries of Director and Deputy

Director from $27,000 and $26,000 per year to a salary equivalent

to a United States district judge and the same amount of basic pay

for positions at level V of the Executive Schedule under section

5316 of title 5, respectively.

1964 - Pub. L. 88-426 substituted "$27,000 for "$15,000 and

"$26,000" for "$12,500".

1959 - Pub. L. 86-370 substituted "Deputy Director" for

"Assistant Director".

1951 - Act Oct. 31, 1951, substituted reference in second

paragraph to the Classification Act of 1949 for reference to former

Classification Act of 1923.

1949 - Act Oct. 15, 1949, increased salaries of Director from

$10,000 to $15,000 per annum and Assistant Director from $7,500 to

$12,500 per annum.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-539 effective Oct. 28, 1978, see section

10(a) of Pub. L. 95-539, set out as a note under section 602 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 220(a)(3) of title II of Pub. L. 90-206 provided, except

as otherwise expressly provided, that: "Sections 213(d) and (e)

[amending this section and section 792 of this title], 214(j), (k),

(l), (n), and (o) [amending sections 60j and 61-1 of Title 2, The

Congress, and section 5533 of Title 5, Government Organization and

Employees], 215 [amending sections 5314 to 5316 of Title 5], 217

[amending section 5545 of Title 5], 219 [amending sections 136a and

136a-1 of Title 2, sections 42a and 51a of former Title 31, Money

and Finance, sections 162a, 166b, and 166b-1 of former Title 40,

Public Buildings, Property, and Works, and section 39a of former

Title 44, Public Printing and Documents], and 224(c) [amending

material set out as a note under section 102 of Title 2] shall

become effective at the beginning of the first pay period which

begins on or after the date of enactment of this title [Dec. 16,

1967]."

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501(a) of

Pub. L. 88-426.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-370 effective Sept. 23, 1959, see section

7(a) of Pub. L. 86-370.

EFFECTIVE DATE OF 1949 AMENDMENT

The increased compensation provided for by act Oct. 15, 1949,

took effect on first day of first pay period which began after Oct.

15, 1949, see section 9 of act Oct. 15, 1949.

SALARY INCREASES

1987 - Salaries of Director and Deputy Director increased

respectively to $89,500 and $72,500 per annum, on recommendation of

the President of the United States, see note set out under section

358 of Title 2, The Congress.

1977 - Salaries of Director and Deputy Director increased

respectively to $54,500 and $48,500 per annum, on recommendation of

the President of the United States, see note set out under section

358 of Title 2.

1969 - Salaries of Director and Deputy Director increased

respectively from $30,000 and $28,000 to $40,000 and $36,000 per

annum, commencing February 14, 1969, on recommendation of the

President of the United States, see note set out under section 358

of Title 2.

1967 - Pub. L. 90-206, title II, Sec. 213(a), Dec. 16, 1967, 81

Stat. 635, provided that: "The rates of basic compensation of

officers and employees in or under the judicial branch of the

Government whose rates of compensation are fixed by or pursuant to

paragraph (2) of subdivision of a section 62 of the Bankruptcy Act

(11 U.S.C. 102(a)(2)), section 3656 of Title 18, United States

Code, the third sentence of section 603, sections 671 to 675,

inclusive, or section 604(a)(5), of Title 28, United States Code,

insofar as the latter section applies to graded positions, are

hereby increased by amounts reflecting the respective applicable

increases provided by section 202(a) of this title [amending

section 5332(a) of Title 5, Government Organization and Employees]

in corresponding rates of compensation for officers and employees

subject to section 5332 of Title 5, United States Code. The rates

of basic compensation of officers and employees holding ungraded

positions and whose salaries are fixed pursuant to such section

604(a)(5) may be increased by the amounts reflecting the respective

applicable increases provided by section 202(a) of this title

[amending section 5332(a) of Title 5] in corresponding rates of

compensation for officers and employees subject to section 5332 of

Title 5, United States Code."

Section 213(a) of Pub. L. 90-206 effective as of beginning of

first pay period which begins on or after Oct. 1, 1967, see section

220(a)(2) of Pub. L. 90-206, set out as a note under section 5332

of Title 5.

1966 - Pub. L. 89-504, title II, Sec. 202(a), July 18, 1966, 80

Stat. 293, provided that: "The rates of basic compensation of

officers and employees in or under the judicial branch of the

Government whose rates of compensation are fixed by or pursuant to

paragraph (2) of subdivision a of section 62 of the Bankruptcy Act

(11 U.S.C. 102(a)(2)), section 3656 of title 18, United States

Code, the third sentence of section 603, sections 671 to 675,

inclusive, or section 604(a)(5), of title 28, United States Code,

insofar as the latter section applies to graded positions, are

hereby increased by amounts reflecting the respective applicable

increases provided by section 102(a) of title I of this Act

[amending section 1113(b) of former Title 5, Executive Departments

and Government Officers and Employees] in corresponding rates of

compensation for officers and employees subject to the

Classification Act of 1949, as amended. The rates of basic

compensation of officers and employees holding ungraded positions

and whose salaries are fixed pursuant to such section 604(a)(5) may

be increased by the amounts reflecting the respective applicable

increases provided by section 102(a) of title I of this Act in

corresponding rates of compensation for officers and employees

subject to the Classification Act of 1949, as amended [chapter 51

and subchapter III of chapter 53 of Title 5, Government

Organization and Employees]."

Section 203 of title II of Pub. L. 89-504 provided that: "This

title shall become effective as follows:

"(1) This section and section 201 [enacting provisions set out as

a note under section 1 of this title] shall become effective on the

date of enactment of this Act [July 18, 1966],

"(2) Section 202 [enacting provisions set out as note above and

under sections 604 and 753 of this title] shall become effective on

the first day of the first pay period which begins on or after July

1, 1966."

1965 - Pub. L. 89-301, Sec. 12(a), Oct. 29, 1965, 79 Stat. 1121,

provided that: "The rates of basic compensation of officers and

employees in or under the judicial branch of the Government whose

rates of compensation are fixed by or pursuant to paragraph (2) of

subdivision a of section 62 of the Bankruptcy Act (11 U.S.C.

102(a)(2)) section 3656 of Title 18, United States Code, the third

sentence of section 603, sections 671 to 675, inclusive, or section

604(a)(5), of Title 28, United States Code, insofar as the latter

section applies to graded positions, are hereby increased by

amounts reflecting the respective applicable increases provided by

section 2(a) of this Act [amending section 1113(b) of former Title

5, Executive Departments and Government Officers and Employees] in

corresponding rates of compensation for officers and employees

subject to the Classification Act of 1949, as amended [chapter 51

and subchapter III of chapter 53 of Title 5, Government

Organization and Employees]. The rates of basic compensation of

officers and employees holding ungraded positions and whose

salaries are fixed pursuant to such section 604(a)(5) [section

604(a)(5) of this title] may be increased by the amounts reflecting

the respective applicable increases provided by section 2(a) of

this Act in corresponding rates of compensation for officers and

employees subject to the Classification Act of 1949, as amended

[chapter 51 and subchapter III of chapter 53 of Title 5]."

1964 - Pub. L. 88-426, title IV, Sec. 402(a), Aug. 14, 1964, 78

Stat. 433, provided that: "The rates of basic compensation of

officers and employees in or under the judicial branch of the

Government whose rates of compensation are fixed by or pursuant to

paragraph (2) of subdivision a of section 62 of the Bankruptcy Act

(11 U.S.C. 102(a)(2)), section 3656 of title 18, United States

Code, the third sentence of section 603, sections 672 to 675,

inclusive, or section 604(a)(5), of title 28, United States Code,

insofar as the latter section applies to graded positions, are

hereby increased by amounts reflecting the respective applicable

increases provided by title I of this Act in corresponding rates of

compensation for officers and employees subject to the

Classification Act of 1949, as amended [chapter 51 and subchapter

III of chapter 53 of Title 5, Government Organization and

Employees]. The rates of basic compensation of officers and

employees holding ungraded positions and whose salaries are fixed

pursuant to section 604(a)(5) [section 604(a)(5) of this title] may

be increased by the amounts reflecting the respective applicable

increases provided by title I of this Act in corresponding rates of

compensation for officers and employees subject to the

Classification Act of 1949, as amended [chapter 51 and subchapter

III of chapter 53 of Title 5]."

1962 - Pub. L. 87-793, title VI, Sec. 1004(a), Oct. 11, 1962, 76

Stat. 866, provided that: "The rates of basic compensation of

officers and employees in or under the judicial branch of the

Government whose rates of compensation are fixed by or pursuant to

paragraph (2) of subdivision a of section 62 of the Bankruptcy Act

(11 U.S.C. 102(a)(2)), section 3656 of title 18 of the United

States Code, the third sentence of section 603, section 604(a)(5),

or section 672 to 675 inclusive, of title 28 of the United States

Code, or section 107(a)(6) of the Act of July 31, 1956, as amended

(5 U.S.C. 2206(a)(6)) [section 2206(a)(b) of former Title 5,

Executive Departments and Government Officers and Employees], are

hereby increased by two amounts, the first amount to be effective

for the period beginning as of the first day of the first pay

period which begins on or after the date of enactment of this Act

[Oct 11, 1962], and ending immediately prior to the first day of

the first pay period which begins on or after January 1, 1964, and

the second amount to be effective on the first day of the first pay

period which begins on or after January 1, 1964, and thereafter,

which reflect the respective applicable increases provided by title

II of this part in corresponding rates of compensation for officers

and employees subject to the Classification Act of 1949, as amended

[chapter 51 and subchapter III of chapter 53 of Title 5, Government

Organization and Employees]."

1960 - Pub. L. 86-568, title I, Sec. 116(a), July 1, 1960, 74

Stat. 303, provided that: "The rates of basic compensation of

officers and employees in or under the judicial branch of the

Government whose rates of compensation are fixed by or pursuant to

paragraph (2) of subdivision a of section 62 of the Bankruptcy Act

(11 U.S.C. 102(a)(2)), section 3656 of title 18 of the United

States Code, the third sentence of section 603, section 604(a)(5),

or sections 672 to 675, inclusive, of title 28 of the United States

Code, or section 107(a)(6) of the Act of July 31, 1956, as amended

(5 U.S.C. 2206(a)(6)), are hereby increased by amounts equal to the

increases provided by section 612 [112] of this part [amending

former section 1113(b) of Title 5] in corresponding rates of

compensation paid to officers and employees subject to the

Classification Act of 1949, as amended [chapter 51 and subchapter

III of chapter 53 of Title 5, Government Organization and

Employees]."

Pub. L. 87-367, title III, Sec. 302(d), Oct. 4, 1961, 75 Stat.

793, provided that: "On and after the effective date of this

subsection, section 116(a) of the Federal Employees Salary Increase

Act of 1960 (Part B of the Act of July 1, 1960; 74 Stat. 303;

Public Law 86-568) [set out as a note above] shall not be

applicable with respect to the Deputy Director of the

Administrative Office of the United States Courts."

1958 - Pub. L. 85-462, Sec. 3(a), June 20, 1958, 72 Stat. 207,

provided that: "The rates of basic compensation of officers and

employees in or under the judicial branch of the Government whose

rates of compensation are fixed pursuant to paragraph (2) of

subdivision a of section 62 of the Bankruptcy Act (11 U.S.C.

(a)(2)), section 3656 of title 18 of the United States Code, the

third sentence of section 603, section 604(a)(5), or sections 672

to 675 inclusive, of title 28 of the United States Code are hereby

increased by amounts equal to the increases provided by section 2

of this Act in corresponding rates of compensation paid to officers

and employees subject to the Classification Act of 1949, as amended

[chapter 51 and subchapter III of chapter 53 of Title 5, Government

Organization and Employees]."

Section 2 of this Act, referred to above, amended section 1113(b)

of former Title 5, Executive Departments and Government Officers

and Employees, to increase compensation rates.

1955 - Act June 28, 1955, ch. 189, Sec. 3(a), 69 Stat. 175,

provided that: "The rates of basic compensation of officers and

employees in or under the judicial branch of the Government whose

rates of compensation are fixed pursuant to paragraph (2) of

subdivision a of section 62 of the Bankruptcy Act (11 U.S.C., sec.

102(a)(2)), section 3656 of title 18 of the United States Code, the

second and third sentences of section 603, section 604(a)(5), or

sections 672 to 675, inclusive, of title 28 of the United States

Code are hereby increased by amounts equal to the increases

provided by section 2 of this Act in corresponding rates of

compensation paid to officers and employees subject to the

Classification Act of 1949, as amended [chapter 51 and subchapter

III of chapter 53 of Title 5, Government Organization and

Employees]."

1951 - Act Oct. 24, 1951, ch. 554, Sec. 1(c), 65 Stat. 613,

provided that: "The rates of basic compensation of officers and

employees in or under the judicial branch of the Government whose

rates of compensation are fixed pursuant to section 62(2) of the

Bankruptcy Act (11 U.S.C. Sec. 102(a)(2)), section 3656 of title 18

of the United States Code the second and third sentences of section

603, section 604(5), or sections 672 to 675, inclusive, of title 28

of the United States Code, or who are appointed pursuant to section

792(b) of title 28 of the United States Code, are hereby increased

by amounts equal to the increases provided by subsections (a) and

(b) in corresponding rates of compensation paid to officers and

employees subject to the Classification Act of 1949 [chapter 51 and

subchapter III of chapter 53 of Title 5, Government Organization

and Employees]."

REFERENCE TO ASSISTANT DIRECTOR DEEMED REFERENCE TO DEPUTY DIRECTOR

References in any other law to Assistant Director of the

Administrative Office of the United States Courts deemed to be

reference to the Deputy Director of the Administrative Office of

the United States Courts, see note set out under section 601 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5307.

-End-

-CITE-

28 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 604. Duties of Director generally

-STATUTE-

(a) The Director shall be the administrative officer of the

courts, and under the supervision and direction of the Judicial

Conference of the United States, shall:

(1) Supervise all administrative matters relating to the

offices of clerks and other clerical and administrative personnel

of the courts;

(2) Examine the state of the dockets of the courts; secure

information as to the courts' need of assistance; prepare and

transmit semiannually to the chief judges of the circuits,

statistical data and reports as to the business of the courts;

(3) 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 Administrative Office and the state of the

business of the courts, together with the statistical data

submitted to the chief judges of the circuits under paragraph

(a)(2) of this section, and the Director's recommendations, which

report, data and recommendations shall be public documents.

(4) Submit to Congress and the Attorney General copies of the

report, data and recommendations required by paragraph (a)(3) of

this section;

(5) Fix the compensation of clerks of court, deputies,

librarians, criers, messengers, law clerks, secretaries,

stenographers, clerical assistants, and other employees of the

courts whose compensation is not otherwise fixed by law, and,

notwithstanding any other provision of law, pay on behalf of

Justices and judges of the United States appointed to hold office

during good behavior, aged 65 or over, any increases in the cost

of Federal Employees' Group Life Insurance imposed after April

24, 1999, including any expenses generated by such payments, as

authorized by the Judicial Conference of the United States;

(6) Determine and pay necessary office expenses of courts,

judges, and those court officials whose expenses are by law

allowable, and the lawful fees of United States magistrate

judges;

(7) Regulate and pay annuities to widows and surviving

dependent children of justices and judges of the United States,

judges of the United States Court of Federal Claims, bankruptcy

judges, United States magistrate judges, Directors of the Federal

Judicial Center, and Directors of the Administrative Office, and

necessary travel and subsistence expenses incurred by judges,

court officers and employees, and officers and employees of the

Administrative Office, and the Federal Judicial Center, while

absent from their official stations on official business, without

regard to the per diem allowances and amounts for reimbursement

of actual and necessary expenses established by the Administrator

of General Services under section 5702 of title 5, except that

the reimbursement of subsistence expenses may not exceed that

authorized by the Director for judges of the United States under

section 456 of this title;

(8) Disburse appropriations and other funds for the maintenance

and operation of the courts;

(9) Establish pretrial services pursuant to section 3152 of

title 18, United States Code;

(10)(A) Purchase, exchange, transfer, distribute, and assign

the custody of lawbooks, equipment, supplies, and other personal

property for the judicial branch of Government (except the

Supreme Court unless otherwise provided pursuant to paragraph

(17)); (B) provide or make available readily to each court

appropriate equipment for the interpretation of proceedings in

accordance with section 1828 of this title; and (C) enter into

and perform contracts and other transactions upon such terms as

the Director may deem appropriate as may be necessary to the

conduct of the work of the judicial branch of Government (except

the Supreme Court unless otherwise provided pursuant to paragraph

(17)), and contracts for nonpersonal services providing pretrial

services, agencies, for the interpretation of proceedings, and

for the provision of special interpretation services pursuant to

section 1828 of this title may be awarded without regard to

section 3709 of the Revised Statutes of the United States (41

U.S.C. 5);

(11) Audit vouchers and accounts of the courts, the Federal

Judicial Center, the offices providing pretrial services, and

their clerical and administrative personnel;

(12) Provide accommodations for the courts, the Federal

Judicial Center, the offices providing pretrial services and

their clerical and administrative personnel;

(13) Lay before Congress, annually, statistical tables that

will accurately reflect the business transacted by the several

bankruptcy courts, and all other pertinent data relating to such

courts;

(14) Pursuant to section 1827 of this title, establish a

program for the certification and utilization of interpreters in

courts of the United States;

(15) Pursuant to section 1828 of this title, establish a

program for the provision of special interpretation services in

courts of the United States;

(16)(A) In those districts where the Director considers it

advisable based on the need for interpreters, authorize the

full-time or part-time employment by the court of certified

interpreters; (B) where the Director considers it advisable based

on the need for interpreters, appoint certified interpreters on a

full-time or part-time basis, for services in various courts when

he determines that such appointments will result in the

economical provision of interpretation services; and (C) pay out

of moneys appropriated for the judiciary interpreters' salaries,

fees, and expenses, and other costs which may accrue in

accordance with the provisions of sections 1827 and 1828 of this

title;

(17) In the Director's discretion, (A) accept and utilize

voluntary and uncompensated (gratuitous) services, including

services as authorized by section 3102(b) of title 5, United

States Code; and (B) accept, hold, administer, and utilize gifts

and bequests of personal property for the purpose of aiding or

facilitating the work of the judicial branch of Government, but

gifts or bequests of money shall be covered into the Treasury;

(18) Establish procedures and mechanisms within the judicial

branch for processing fines, restitution, forfeitures of bail

bonds or collateral, and assessments;

(19) Regulate and pay annuities to bankruptcy judges and United

States magistrate judges in accordance with section 377 of this

title and paragraphs (1)(B) and (2) of section 2(c) of the

Retirement and Survivors' Annuities for Bankruptcy Judges and

Magistrates Act of 1988;

(20) Periodically compile -

(A) the rules which are prescribed under section 2071 of this

title by courts other than the Supreme Court;

(B) the rules which are prescribed under section 358 of this

title; and

(C) the orders which are required to be publicly available

under section 360(b) of this title;

so as to provide a current record of such rules and orders;

(21) Establish a program of incentive awards for employees of

the judicial branch of the United States Government, other than

any judge who is entitled to hold office during good behavior;

(22) Receive and expend, either directly or by transfer to the

United States Marshals Service or other Government agency, funds

appropriated for the procurement, installation, and maintenance

of security equipment and protective services for the United

States Courts in courtrooms and adjacent areas, including

building ingress/egress control, inspection of packages, directed

security patrols, and other similar activities;

(23) Regulate and pay annuities to judges of the United States

Court of Federal Claims in accordance with section 178 of this

title; and

(24) Perform such other duties as may be assigned to him by the

Supreme Court or the Judicial Conference of the United States.

(b) The clerical and administrative personnel of the courts shall

comply with all requests by the Director for information or

statistical data as to the state of court dockets.

(c) Inspection of court dockets outside the continental United

States may be made through United States officials residing within

the jurisdiction where the inspection is made.

(d) The Director, under the supervision and direction of the

conference, shall:

(1) supervise all administrative matters relating to the

offices of the United States magistrate judges;

(2) gather, compile, and evaluate all statistical and other

information required for the performance of his duties and the

duties of the conference with respect to such officers;

(3) lay before Congress annually statistical tables and other

information which will accurately reflect the business which has

come before the various United States magistrate judges,

including (A) the number of matters in which the parties

consented to the exercise of jurisdiction by a magistrate judge,

(B) the number of appeals taken pursuant to the decisions of

magistrate judges and the disposition of such appeals, and (C)

the professional background and qualifications of individuals

appointed under section 631 of this title to serve as magistrate

judge;

(4) prepare and distribute a manual, with annual supplements

and periodic revisions, for the use of such officers, which shall

set forth their powers and duties, describe all categories of

proceedings that may arise before them, and contain such other

information as may be required to enable them to discharge their

powers and duties promptly, effectively, and impartially.

(e) The Director may promulgate appropriate rules and regulations

approved by the conference and not inconsistent with any provision

of law, to assist him in the performance of the duties conferred

upon him by subsection (d) of this section. Magistrate judges shall

keep such records and make such reports as are specified in such

rules and regulations.

(f) The Director may make, promulgate, issue, rescind, and amend

rules and regulations (including regulations prescribing standards

of conduct for Administrative Office employees) as may be necessary

to carry out the Director's functions, powers, duties, and

authority. The Director may publish in the Federal Register such

rules, regulations, and notices for the judicial branch of

Government as the Director determines to be of public interest; and

the Director of the Federal Register hereby is authorized to accept

and shall publish such materials.

(g)(1) When authorized to exchange personal property, the

Director may exchange or sell similar items and may apply the

exchange allowance or proceeds of sale in such cases in whole or in

part payment for the property acquired, but any transaction carried

out under the authority of this subsection shall be evidenced in

writing.

(2) The Director hereby is authorized to enter into contracts for

public utility services and related terminal equipment for periods

not exceeding ten years.

(3)(A) In order to promote the recycling and reuse of recyclable

materials, the Director may provide for the sale or disposal of

recyclable scrap materials from paper products and other consumable

office supplies held by an entity within the judicial branch.

(B) The sale or disposal of recyclable materials under

subparagraph (A) shall be consistent with the procedures provided

in sections 541-555 of title 40 for the sale of surplus property.

(C) Proceeds from the sale of recyclable materials under

subparagraph (A) shall be deposited as offsetting collections to

the fund established under section 1931 of this title and shall

remain available until expended to reimburse any appropriations for

the operation and maintenance of the judicial branch.

(h)(1) The Director shall, out of funds appropriated for the

operation and maintenance of the courts, provide facilities and pay

necessary expenses incurred by the judicial councils of the

circuits and the Judicial Conference under chapter 16 of this

title, including mileage allowance and witness fees, at the same

rate as provided in section 1821 of this title. Administrative and

professional assistance from the Administrative Office of the

United States Courts may be requested by each judicial council and

the Judicial Conference for purposes of discharging their duties

under chapter 16 of this title.

(2) The Director of the Administrative Office of the United

States Courts shall include in his annual report filed with the

Congress under this section a summary of the number of complaints

filed with each judicial council under chapter 16 of this title,

indicating the general nature of such complaints and the

disposition of those complaints in which action has been taken.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 914; Aug. 3, 1956, ch. 944, Sec.

3, 70 Stat. 1026; Pub. L. 90-219, title II, Sec. 203(a)-(c), Dec.

20, 1967, 81 Stat. 669; Pub. L. 90-578, title II, Sec. 201, title

IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1114, 1118; Pub. L.

92-397, Sec. 4, Aug. 22, 1972, 86 Stat. 580; Pub. L. 93-619, title

II, Sec. 204, Jan. 3, 1975, 88 Stat. 2089; Pub. L. 95-539, Secs. 3,

4, Oct. 28, 1978, 92 Stat. 2043; Pub. L. 95-598, title II, Sec.

225, Nov. 6, 1978, 92 Stat. 2664; Pub. L. 96-82, Sec. 5, Oct. 10,

1979, 93 Stat. 645; Pub. L. 96-458, Sec. 5, Oct. 15, 1980, 94 Stat.

2040; Pub. L. 96-523, Sec. 1(c)(1), Dec. 12, 1980, 94 Stat. 3040;

Pub. L. 97-267, Sec. 7, Sept. 27, 1982, 96 Stat. 1139; Pub. L.

99-554, title I, Sec. 116, Oct. 27, 1986, 100 Stat. 3095; Pub. L.

100-185, Sec. 2, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100-659,

Sec. 6(a), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 100-702, title

IV, Sec. 402(a), title X, Secs. 1008, 1010, 1011, 1020(a)(2), Nov.

19, 1988, 102 Stat. 4650, 4667, 4668, 4671; Pub. L. 101-474, Sec.

5(r), Oct. 30, 1990, 104 Stat. 1101; Pub. L. 101-647, title XXV,

Sec. 2548, Nov. 29, 1990, 104 Stat. 4888; Pub. L. 101-650, title

III, Secs. 306(e)(1), 321, 325(c)(1), Dec. 1, 1990, 104 Stat. 5111,

5117, 5121; Pub. L. 102-572, title V, Sec. 503, title IX, Sec.

902(b)(1), Oct. 29, 1992, 106 Stat. 4513, 4516; Pub. L. 106-113,

div. B, Sec. 1000(a)(1) [title III, Sec. 305], Nov. 29, 1999, 113

Stat. 1535, 1501A-37; Pub. L. 106-518, title II, Sec. 204, title

III, Sec. 304(d), Nov. 13, 2000, 114 Stat. 2414, 2418; Pub. L.

107-217, Sec. 3(g)(1), Aug. 21, 2002, 116 Stat. 1299; Pub. L.

107-273, div. C, title I, Sec. 11043(e), Nov. 2, 2002, 116 Stat.

1855.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 726-1 and 726a of title 18, U.S.C., 1940 ed.,

Criminal Code and Criminal Procedure, and sections 1130(a)(b) and

1131 of title 26, U.S.C., 1940 ed., Internal Revenue Code, title

28, U.S.C., 1940 ed., Secs. 9, 128, 222a, 245, 268a, 278a, 302-306,

374b, 446, 447, 450, 544, 545, 547, 557, 558, 560, 561, 561a, 562,

563, 565, 566, 595, and 596 and sections 11-204 and 11-403,

District of Columbia Code, 1940 ed. (R.S. Secs. 1075, 1085; Mar. 3,

1891, ch. 517, Secs. 2, 9, 26 Stat. 826, 829; Feb. 9, 1893, ch. 74,

Sec. 4, 27 Stat. 435; July 30, 1894, ch. 172, Sec. 1, 28 Stat. 160;

Mar. 3, 1901, ch. 854, Sec. 224, 31 Stat. 1224; June 30, 1902, ch.

1329, 32 Stat. 528; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3,

1911, ch. 231, Sec. 5, 36 Stat. 1088; Mar. 3, 1911, ch. 231, Sec.

118a, as added June 17, 1930, ch. 509, 46 Stat. 774; Mar. 3, 1911,

ch. 231, Sec. 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140;

Mar. 3, 1911, ch. 231, Secs. 140, 163, 171, 189-193, 291, 36 Stat.

1136, 1140, 1141, 1143, 1167; Mar. 3, 1911, ch. 231, Secs. 304,

305, 308, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat. 1223;

Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 26, 1919, ch. 49, Secs.

1, 2, 3, 4, 5, 7, 8, 40 Stat. 1182; July 19, 1919, ch. 24, Sec. 1,

41 Stat. 210; Nov. 4, 1919, ch. 93, Sec. 1, 41 Stat. 338; Feb. 11,

1921, ch. 46, 41 Stat. 1099; Feb. 22, 1921, ch. 70, Sec. 7, 41

Stat. 1144; Mar. 4, 1921, ch. 161, 41 Stat. 1412; June 1, 1922, ch.

204, title II, 42 Stat. 616; Jan. 3, 1923, ch. 21, title II, 42

Stat. 1084; Mar. 4, 1923, ch. 265, 42 Stat. 1488; May 28, 1924, ch.

204, title II, 43 Stat. 221; Feb. 27, 1925, ch. 364, title II, 43

Stat. 1030; Apr. 29, 1926, ch. 195, title II, 44 Stat. 346, 347;

May 21, 1928, ch. 659, 45 Stat. 645; Mar. 2, 1929, ch. 488, Sec. 1,

45 Stat. 1475; June 16, 1930, ch. 494, 46 Stat. 589; May 17, 1932,

ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921; Apr.

27, 1938, ch. 180, title II, Sec. 1, 52 Stat. 264; Feb. 10, 1939,

ch. 2, Secs. 1130(a)(b), 1131, 53 Stat. 162, 163; June 29, 1939,

ch. 248, title II, 53 Stat. 902; May 14, 1940, ch. 189, titles III,

IV, 54 Stat. 204, 209, 210; June 28, 1941, ch. 258, title IV, 55

Stat. 300-302; July 2, 1942, ch. 472, title IV, 56 Stat. 503, 504;

June 28, 1943, ch. 173, title II, Sec. 201, 57 Stat. 242, 243; June

26, 1944, ch. 277, title II, Sec. 201, 58 Stat. 357; Dec. 7, 1944,

ch. 522, Sec. 1, 58 Stat. 796; May 21, 1945, ch. 129, titles II,

IV, 59 Stat. 184, 199; July 5, 1946, ch. 541, title IV, 60 Stat.

478, 479).

For purposes of uniformity, all provisions of law governing the

regulation and allowance of office, travel, and subsistence

expenses of all officers and employees of the courts, except those

provisions relating to Supreme Court officers and employees, are

incorporated in subsection (a)(6)(7) of this section. Likewise the

provisions respecting the compensation of court officers and

employees, except those of the Supreme Court, are incorporated in

subsection (a)(5). In each instance the power to fix and determine

such salaries and expenses is transferred to the Director of the

Administrative Office of the United States Courts. This change is

in conformity with the Administrative Office Act 1939 included in

this chapter.

Compensation of bailiffs however is provided by sections 713 and

755 of this title and that of court reporters by section 753 of

this title.

Salaries and travel expenses of Court of Claims Commissioners are

covered by section 792 of this title.

The language "and the lawful fees of United States Commissioners"

in subsection (a)(6) and "the offices of the United States

Commissioners" in subsection (a)(9) is new. It conforms with

sections 633, 636 and 639 of this title.

Subsection (a)(5)(7) covers the provisions of section 726-1 and

726a of title 18, U.S.C., 1940 ed., which provided that probation

officers' salaries should not be less than $1,800 nor more than

$3,600 per annum and their traveling expenses should not exceed

more than 4 cents per mile.

Words "and officers and employees of the Administrative Office"

were added in subsection (a)(7) to expressly authorize travel and

subsistence expenses of such officers and employees.

The power to fix such pay and allowances is transferred to the

Director as above indicated, and conforms with the Administrative

Office Act of 1939. For further explanation of the general

supervision of probation officers, see reviser's note under section

3654, H. Rept. to accompany H.R. 3190 for revision of title 18,

U.S.C.

Subsection (a)(8) covers the provisions of section 1131 of title

26, U.S.C. 1940 ed. Such section 1131 authorized the Tax Court,

successor to the Board of Tax Appeals, to make expenditures for

personal services, rent, law books, reference books, periodicals,

and provided that all expenditures should be paid out of

appropriations for the Tax Court, on itemized vouchers approved by

the court.

Two references to "officials and employees covered by this

chapter" were changed to "clerical and administrative personnel,"

following the language of paragraph (a)(1), conferring general

power to supervise such personnel as respects administrative

matters.

Similar language was used in paragraph (b) instead of "The clerks

of the district courts, their deputies and assistants, and all

other employees of said courts."

The provisions of section 374b of title 28, U.S.C., 1940 ed.,

based on successive acts relating to classification and

compensation of secretaries and law clerks were omitted as

temporary and unnecessary in revision, in view of subsection (a)(5)

of this section under which the salaries of all personnel are

necessarily limited by current appropriation acts.

For increases in basic rates of compensation for other judicial

officers and employees see, also, section 521 of Act June 30, 1945,

ch. 212.

The designation "senior circuit judges" was changed to "chief

judges of the circuits" in conformity with section 45 of this

title.

Provisions of section 11-204 of District of Columbia Code, 1940

ed., relating to appointment of clerk of the United States Court of

Appeals for the District of Columbia, and deputy clerk, crier, and

messenger thereof, and the provisions relating to accounting for

fees, are incorporated in sections 711 and 713 of this title.

Provisions of said section, requiring the clerk of such court to

give bond, were omitted as covered by section 952 of this title.

Provisions of said section, relating to regulation of clerk's fees

by such court were omitted so as to render uniform the method of

such regulation as prescribed by section 1913 of this title, and

the provisions of said section, placing a maximum of five hundred

dollars per year on the office expenditures of the clerk of such

court, were omitted as inconsistent with this consolidated section.

For distribution of other provisions of sections on which this

section is based, see Distribution Table.

Changes were made in phraseology and arrangement.

SENATE REVISION AMENDMENTS

By Senate amendment, all provisions relating to the Tax Court

were eliminated, therefore, as finally enacted, sections 1130(a)(b)

and 1131 of Title 26, U.S.C., Internal Revenue Code [1940 ed.], did

not constitute part of the source of this section. However, no

change in the text of the section was necessary. See 80th Congress

Senate Report No. 1559.

As finally enacted, part of act July 9, 1947, ch. 211, title IV,

61 Stat. 304, 305, which was classified to title 28, U.S.C., 1946

ed., Sec. 374b, became one of the sources of this section and was

accordingly included in the schedule of repeals by Senate

amendment. See 80th Congress Senate Report No. 1559.

-REFTEXT-

REFERENCES IN TEXT

Section 2(c) of the Retirement and Survivors' Annuities for

Bankruptcy Judges and Magistrates Act of 1988, referred to in

subsec. (a)(19), is section 2(c) of Pub. L. 100-659, Nov. 15, 1988,

102 Stat. 3916, which is set out as a note under section 377 of

this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(20)(B). Pub. L. 107-273, Sec. 11043(e)(1)(A),

substituted "358" for "372(c)(11)".

Subsec. (a)(20)(C). Pub. L. 107-273, Sec. 11043(e)(1)(B),

substituted "360(b)" for "372(c)(15)".

Subsec. (g)(3)(B). Pub. L. 107-217 substituted "sections 541-555

of title 40" for "section 203 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 484)".

Subsec. (h)(1). Pub. L. 107-273, Sec. 11043(e)(2)(A), substituted

"chapter 16" for "section 372" in two places.

Subsec. (h)(2). Pub. L. 107-273, Sec. 11043(e)(2)(B), substituted

"chapter 16" for "section 372(c)".

2000 - Subsec. (a)(8). Pub. L. 106-518, Sec. 304(d), amended par.

(8) generally. Prior to amendment, par. (8) read as follows:

"Disburse, directly or through the several United States marshals,

moneys appropriated for the maintenance and operation of the

courts;".

Subsec. (a)(24). Pub. L. 106-518, Sec. 204, struck out the second

par. (24) which read as follows: "Lay before Congress, annually,

statistical tables that will accurately reflect the business

imposed on the Federal courts by the savings and loan crisis."

1999 - Subsec. (a)(5). Pub. L. 106-113 inserted before semicolon

at end ", and, notwithstanding any other provision of law, pay on

behalf of Justices and judges of the United States appointed to

hold office during good behavior, aged 65 or over, any increases in

the cost of Federal Employees' Group Life Insurance imposed after

April 24, 1999, including any expenses generated by such payments,

as authorized by the Judicial Conference of the United States".

1992 - Subsec. (a)(7), (23). Pub. L. 102-572, Sec. 902(b)(1),

substituted "United States Court of Federal Claims" for "United

States Claims Court".

Subsec. (g)(3). Pub. L. 102-572, Sec. 503, added par. (3).

1990 - Subsec. (a)(7). Pub. L. 101-650, Sec. 325(c)(1), amended

Pub. L. 100-702, Sec. 1011. See 1988 Amendment note below.

Pub. L. 101-650, Sec. 306(e)(1)(B)(i), inserted "judges of the

United States Claims Court," before "bankruptcy judges".

Subsec. (a)(19). Pub. L. 101-474, Sec. 5(r), and Pub. L. 101-650,

Sec. 306(e)(1)(A), made identical technical amendment to directory

language of Pub. L. 100-702, Sec. 402(a)(1). See 1988 Amendment

note below.

Subsec. (a)(23). Pub. L. 101-650, Sec. 306(e)(1)(B)(iii), added

par. (23). Former par. (23) redesignated (24).

Pub. L. 101-474, Sec. 5(r), and Pub. L. 101-650, Sec.

306(e)(1)(A), made identical technical amendments to directory

language of Pub. L. 100-702, Sec. 402(a)(1). See 1988 Amendment

note below.

Subsec. (a)(24). Pub. L. 101-650, Sec. 306(e)(1)(B)(ii),

redesignated par. (23), relating to performance of other duties, as

(24).

Pub. L. 101-647 added par. (24) relating to statistical tables.

1988 - Subsec. (a)(2). Pub. L. 100-702, Sec. 1020(a)(2),

substituted "semiannually" for "quarterly".

Subsec. (a)(7). Pub. L. 100-702, Sec. 1011, as amended by Pub. L.

101-650, Sec. 325(c)(1), which directed amendment of par. (7) "by

[sic] at the end the following: 'without regard to the per diem

allowances and amounts for reimbursement of actual and necessary

expenses established by the Administrator of General Services under

section 5702 of title 5, except that the reimbursement of

subsistence expenses may not exceed that authorized by the Director

for judges of the United States under section 456 of this title;' "

was executed by inserting the new language after the comma at the

end to reflect the probable intent of Congress.

Pub. L. 100-659, Sec. 6(a)(1), inserted "bankruptcy judges,

United States magistrates," after "United States,".

Subsec. (a)(14), (15). Pub. L. 100-702, Sec. 1008(1),

redesignated par. (14), relating to provision of special

interpretation services in courts of United States, as (15). Former

par. (15) redesignated (16).

Subsec. (a)(16), (17). Pub. L. 100-702, Sec. 1008(1),

redesignated pars. (15) and (16) as (16) and (17), respectively.

Former par. (17) redesignated (18).

Subsec. (a)(18). Pub. L. 100-702, Sec. 1008(1), redesignated par.

(17) as (18). Former par. (18), as added by Pub. L. 100-659,

redesignated (19).

Pub. L. 100-659, Sec. 6(a)(3), added par. (18). Former par. (18)

redesignated (19).

Subsec. (a)(19). Pub. L. 100-702, Sec. 1008(2), redesignated par.

(19), as added by Pub. L. 100-702, Sec. 402(a)(2), as (20).

Pub. L. 100-702, Sec. 402(a), as amended by Pub. L. 101-474, Sec.

5(r), and Pub. L. 101-650, Sec. 306(e)(1)(A), redesignated par.

(19), relating to performance of other duties, as (23) and added

par. (19) relating to compilation of rules and orders.

Pub. L. 100-659, Sec. 6(a)(2), redesignated par. (18), relating

to performance of other duties, as (19).

Subsec. (a)(20). Pub. L. 100-702, Sec. 1008(2), redesignated par.

(19), as added by Pub. L. 100-702, Sec. 402(a)(2), as (20).

Subsec. (a)(21). Pub. L. 100-702, Sec. 1008(2), added par. (21).

Subsec. (a)(22). Pub. L. 100-702, Sec. 1010, added par. (22).

Subsec. (a)(23). Pub. L. 100-702, Sec. 402(a)(1), as amended by

Pub. L. 101-474, Sec. 5(r), and Pub. L. 101-650, Sec. 306(e)(1)(A),

redesignated par. (19), relating to performance of other duties, as

(23).

1987 - Subsec. (a)(17), (18). Pub. L. 100-185 added par. (17) and

redesignated former par. (17) as (18).

1986 - Subsec. (f). Pub. L. 99-554 struck out subsec. (f) as

added by Pub. L. 99-598, Sec. 225(b), which related to the Director

naming qualified persons to membership on the panel of trustees,

their number, qualifications, removal, etc.

1982 - Subsec. (a)(9). Pub. L. 97-267, Sec. 7(1), struck out

"agencies" after "pretrial services".

Subsec. (a)(10). Pub. L. 97-267, Sec. 7(2), substituted

"providing pretrial services" for "for pretrial services agencies".

Subsec. (a)(11). Pub. L. 97-267, Sec. 7(3), substituted "offices

providing pretrial services" for "pretrial service agencies".

Subsec. (a)(12). Pub. L. 97-267, Sec. 7(4), substituted "offices

providing pretrial services" for "pretrial services agencies".

1980 - Subsec. (a)(16)(A). Pub. L. 96-523 inserted "(b)" after

"3102".

Subsec. (h). Pub. L. 96-458 added subsec. (h).

1979 - Subsec. (d)(3). Pub. L. 96-82 added cls. (A), (B), and

(C).

1978 - Subsec. (a)(10). Pub. L. 95-539, Sec. 3(a), expanded the

duties of the Director to include providing or making available

equipment for interpretation of proceedings in accordance with

section 1828 of this title and to include entering into and

performing contracts necessary to the conduct of the work of the

judicial branch and exempted from the provisions of section 5 of

title 41 contracts for nonpersonal services for pretrial agencies,

for interpretation of proceedings, and for special interpretation

services pursuant to section 1828 of this title.

Subsec. (a)(13), (14). Pub. L. 95-598, Sec. 225(a), added par.

(13) relating to annual statistical tables reflecting the business

of the several bankruptcy courts, and redesignated former par.

(13), relating to provision of special interpretation services in

courts of the United States, as (14).

Subsec. (a)(13) to (16). Pub. L. 95-539, Sec. 3(b), (c), added

pars. (13) to (16). Former par. (13) redesignated (17).

Subsec. (a)(17). Pub. L. 95-539, Sec. 3(b), redesignated former

par. (13) as (17).

Subsec. (f). Pub. L. 95-598, Sec. 225(b), added subsec. (f)

relating to the naming of qualified persons to membership on the

panel of trustees.

Subsecs. (f), (g). Pub. L. 95-539, Sec. 4, added subsecs. (f) and

(g).

1975 - Subsec. (a)(9). Pub. L. 93-619 added par. (9). Former par.

(9) redesignated (10).

Subsec. (a)(10). Pub. L. 93-619 redesignated former par. (9) as

(10) and substituted "the offices of the United States magistrates

and commissioners, and the offices of pretrial services agencies"

for "and the Administrative Office and the offices of the United

States magistrates". Former par. (10) redesignated (11).

Subsec. (a)(11). Pub. L. 93-619 redesignated former par. (10) as

(11) and inserted reference to pretrial service agencies. Former

par. (11) redesignated (12).

Subsec. (a)(12). Pub. L. 93-619 redesignated former par. (11) as

(12) and inserted reference to pretrial service agencies. Former

par. (12) redesignated (13).

Subsec. (a)(13). Pub. L. 93-619 redesignated former (12) as (13).

1972 - Subsec. (a)(7). Pub. L. 92-397 substituted "children of

justices and judges of the United States" for "children of judges".

1968 - Subsec. (a)(9). Pub. L. 90-578, Sec. 201(a), substituted

"United States magistrates" for "United States Commissioners".

Subsecs. (d), (e). Pub. L. 90-578 Sec. 201(b), added subsecs. (d)

and (e).

1967 - Subsec. (a)(7). Pub. L. 90-219, Sec. 203(a), amended par.

(7) generally, inserting ", Directors of the Federal Judicial

Center, and Directors of the Administrative Office," after "judges"

and "and the Federal Judicial Center," after "Administrative

Office".

Subsec. (a)(9). Pub. L. 90-219, Sec. 203(b), inserted ", the

Federal Judicial Center," after "courts".

Subsec. (a)(10), (11). Pub. L. 90-219, Sec. 203(c), inserted ",

the Federal Judicial Center," after "courts".

1956 - Subsec. (a)(7). Act Aug. 3, 1956, inserted "annuities to

widows and surviving dependent children of judges and" after

"Regulate and pay".

-CHANGE-

CHANGE OF NAME

"United States magistrate judges", "magistrate judge",

"magistrate judges", and "Magistrate judges" substituted for

"United States magistrates", "magistrate", "magistrates", and

"Magistrates", respectively, wherever appearing in text pursuant to

section 321 of Pub. L. 101-650, set out as a note under section 631

of this title. Previously, "United States magistrates" substituted

for "United States Commissioners" pursuant to section 402(b)(2) of

Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of this title.

-MISC3-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 503 of 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.

Amendment by section 902(b)(1) of 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 section 306(e)(1) of Pub. L. 101-650 applicable to

judges of, and senior judges in active service with, the United

States Court of Federal Claims on or after Dec. 1, 1990, see

section 306(f) of Pub. L. 101-650, as amended, set out as a note

under section 8331 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by section 402(a) of 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.

Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and

applicable to bankruptcy judges and magistrate judges who retire on

or after Nov. 15, 1988, with exception for judges and magistrate

judges retiring on or after July 31, 1987, see section 9 of Pub. L.

100-659, as amended, set out as an Effective Date note under

section 377 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,

1980, see section 3 of Pub. L. 96-523, set out as a note under

section 3102 of Title 5, Government Organization and Employees.

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.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(c) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

Amendment by Pub. L. 95-539 effective Oct. 28, 1978, see section

10(a) of Pub. L. 95-539, set out as a note under section 602 of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment by magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in

subsecs. (a)(4), (d)(3), and (h)(2) of this section relating to

reporting certain information annually to Congress, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and page 12 of House Document

No. 103-7.

REPORTS BY DIRECTOR OF ADMINISTRATIVE OFFICE OF UNITED STATES

COURTS

For requirement that Director of Administrative Office of the

United States Courts include statistical information about

implementation of chapter 44 of this title in annual report under

section 604(a)(3) of this title, see section 903(a) of Pub. L.

100-702, set out as a note under section 651 of this title.

1970 INCREASE IN PAY RATES OF JUDICIAL BRANCH EMPLOYEES WHOSE RATES

OF PAY ARE FIXED BY ADMINISTRATIVE ACTION

Adjustment of rates of pay of judicial branch employees whose

rates of pay are fixed by administrative action by not to exceed

the amounts of the adjustment for corresponding rates for employees

subject to the section 2(a) of Pub. L. 91-231, which raised such

corresponding rates by 6 percent, effective on the first day of the

first pay period which begins on or after Dec. 27, 1969, see Pub.

L. 91-231, set out as a note under section 5332 of Title 5,

Government Organization and Employees.

COMPENSATION AND APPOINTMENT OF SECRETARIES AND LAW CLERKS

Provisions authorizing the appointment and compensation of

secretaries and law clerks to circuit and district judges in such

number and at such rates of compensation as may be determined by

the Judicial Conference of the United States were contained in the

following appropriation acts:

Dec. 12, 1985, Pub. L. 99-180, title IV, 99 Stat. 1154.

Aug. 30, 1984, Pub. L. 98-411, title IV, 98 Stat. 1571.

Nov. 28, 1983, Pub. L. 98-166, title IV, 97 Stat. 1099.

Dec. 21, 1982, Pub. L. 97-377, Sec. 101(d) [S. 2956, title IV],

96 Stat. 1866.

Dec. 15, 1981, Pub. L. 97-92, Sec. 101(h) [incorporating Pub. L.

96-536, Sec. 101(o); H.R. 7584, title IV], 95 Stat. 1190.

Dec. 16, 1980, Pub. L. 96-536, Sec. 101(o) [H.R. 7584, title IV],

94 Stat. 3169.

Sept. 24, 1979, Pub. L. 96-68, title IV, 93 Stat. 428.

Oct. 10, 1978, Pub. L. 95-431, title IV, 92 Stat. 1037.

Aug. 2, 1977, Pub. L. 95-86, title IV, 91 Stat. 435.

July 14, 1976, Pub. L. 94-362, title IV, 90 Stat. 953.

Oct. 21, 1975, Pub. L. 94-121, title IV, 89 Stat. 630.

Oct. 5, 1974, Pub. L. 93-433, title IV, 88 Stat. 1202.

Nov. 27, 1973, Pub. L. 93-162, title IV, 87 Stat. 651.

Oct. 25, 1972, Pub. L. 92-544, title IV, 86 Stat. 1126.

Aug. 10, 1971, Pub. L. 92-77, title IV, 85 Stat. 262.

Oct. 21, 1970, Pub. L. 91-472, title IV, 84 Stat. 1056.

Dec. 24, 1969, Pub. L. 91-153, title IV, 83 Stat. 419.

Aug. 9, 1968, Pub. L. 90-470, title IV, 82 Stat. 685.

Nov. 8, 1967, Pub. L. 90-133, title IV, 81 Stat. 427.

Nov. 8, 1966, Pub. L. 89-797, title IV, 80 Stat. 1499.

Sept. 2, 1965, Pub. L. 89-164, title IV, 79 Stat. 638.

Aug. 31, 1964, Pub. L. 88-527, title IV, 78 Stat. 729.

Dec. 30, 1963, Pub. L. 88-245, title IV, 77 Stat. 795.

Oct. 18, 1962, Pub. L. 87-843, title IV, 76 Stat. 1099.

Sept. 21, 1961, Pub. L. 87-264, title III, 75 Stat. 555.

Aug. 31, 1960, Pub. L. 86-678, title III, 74 Stat. 566.

July 13, 1959, Pub. L. 86-84, title III, 73 Stat. 192.

June 30, 1958, Pub. L. 85-474, title III, 72 Stat. 254.

June 11, 1957, Pub. L. 85-40, title III, 70 Stat. 65.

June 20, 1956, ch. 414, title III, 70 Stat. 310.

July 7, 1955, ch. 279, title III, 69 Stat. 276.

July 2, 1954, ch. 455, title II, 68 Stat. 410.

Aug. 1, 1953, ch. 304, title II, 67 Stat. 334.

July 10, 1952, ch. 651, title IV, 66 Stat. 569.

Oct. 22, 1951, ch. 533, title IV, 65 Stat. 596.

Sept. 6, 1950, ch. 896, Ch. III, title IV, 64 Stat. 631.

LIMITATION ON AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

1967 - Pub. L. 90-206, title II, Sec. 213(b), Dec. 16, 1967, 81

Stat. 635, provided that: "The limitations provided by applicable

law on the effective date of this section [see Effective Date of

1967 Amendment Note set out under section 5332 of Title 5,

Government Organization and Employees] with respect to the

aggregate salaries payable to secretaries and law clerks of circuit

and district judges are hereby increased by amounts which reflect

the respective applicable increases provided by section 202(a) of

this title [amending section 5332(a) of Title 5] in corresponding

rates of compensation for officers and employees subject to section

5332 of Title 5, United States Code".

Section 213(b) of Pub. L. 90-206 effective as of the beginning of

the first pay period which begins on or after Oct. 1, 1967, see

section 220(a)(2) of Pub. L. 90-206, set out as a note under

section 5332 of Title 5.

1966 - Pub. L. 89-504, title II, Sec. 202(b), July 18, 1966, 80

Stat. 294, provided that: "The limitations provided by applicable

law on the effective date of this section with respect to the

aggregate salaries payable to secretaries and law clerks of circuit

and district judges are hereby increased by amounts which reflect

the respective applicable increases provided by section 102(a) of

title I of this Act [amending section 1113(b) of former Title 5,

Executive Departments and Government Officers and Employees] in

corresponding rates of compensation for officers and employees

subject to the Classification Act of 1949, as amended [chapter 51

and subchapter III of chapter 53 of Title 5, Government

Organization and Employees]."

Provision effective first day of first pay period which begins on

or after July 1, 1966, see section 203 of Pub. L. 89-504, set out

as a note under section 603 of this title.

1965 - Pub. L. 89-301, Sec. 12(b), Oct. 29, 1965, 79 Stat. 1122,

provided that: "The limitations provided by applicable law on the

effective date of this section with respect to the aggregate

salaries payable to secretaries and law clerks of circuit and

district judges are hereby increased by amounts which reflect the

respective applicable increases provided by section 2(a) of this

Act [amending section 1113(b) of former Title 5, Executive

Departments and Government Officers and Employees] in corresponding

rates of compensation for officers and employees subject to the

Classification Act of 1949, as amended [chapter 51 and subchapter

III of chapter 53 of Title 5, Government Organization and

Employees]."

1964 - Pub. L. 88-426, title IV, Sec. 402(b), Aug. 14, 1964, 78

Stat. 433, provided that: "The limitation provided by applicable

law on the effective date of this section with respect to the

aggregate salaries payable to secretaries and law clerks of circuit

and district judges are hereby increased by amounts which reflect

the respective applicable increases provided by the title I of this

Act in corresponding rates of compensation for officers and

employees subject to the Classification Act of 1949, as amended

[chapter 51 and subchapter III of chapter 53 of Title 5, Government

Organization and Employees]."

1962 - Pub. L. 87-793, title VI, Sec. 1004(b), Oct. 11, 1962, 76

Stat. 866, provided that: "The limitations provided by applicable

law on the effective date of this section with respect to the

aggregate salaries payable to secretaries and law clerks of circuit

and district judges are hereby increased by two amounts, the first

amount to be effective for the period beginning as of the first day

of the first pay period which begins on or after the date of

enactment of this Act [Oct. 11, 1962], and ending immediately prior

to the first day of the first pay period which begins on or after

January 1, 1964, and the second amount to be effective on the first

day of the first pay period which begins on or after January 1,

1964, and thereafter, which reflect the respective applicable

increases provided by title II of this part in corresponding rates

of compensation for officers and employees subject to the

Classification Act of 1949, as amended [chapter 51 and subchapter

III of chapter 53 of Title 5, Government Organization and

Employees]."

1960 - Pub. L. 86-568, title I, Sec. 116(b), July 1, 1960, 74

Stat. 303, provided that: "The limitations provided by applicable

law on the effective date of this section with respect to the

aggregate salaries payable to secretaries and law clerks of circuit

and district judges are hereby increased by the amounts necessary

to pay the additional basic compensation provided by this part."

Words "this part", referred to above, means Part B of Pub. L.

86-568, which enacted section 932e of former Title 5, Executive

Departments and Government Officers and Employees, amended section

753 of this title, sections 1113, 2091, 2252 and 3002 of former

Title 5, sections 867 and 870 of Title 22, Foreign Relations and

Intercourse, and former sections 4103, 4107 and 4108 of Title 38,

Veterans' Benefits, and enacted notes set out under sections 603

and 604 of this title, sections 60a and 60f of Title 2, The

Congress, sections 1113, and 2252 of former Title 5, section 590h

of Title 16, Conservation, and section 867 of Title 22,

1958 - Pub. L. 85-462, Sec. 3(b), June 20, 1958, 72 Stat. 207,

provided that: "The limitations of $13,485 and $18,010 with respect

to the aggregate salaries payable to secretaries and law clerks of

circuit and district judges, contained in the paragraph designated

"Salaries of supporting personnel" in the Judiciary Appropriation

Act, 1958 (71 Stat. 65; Public Law 85-49), or any subsequent

appropriation Act, shall be increased by the amounts necessary to

pay the additional basic compensation provided by this Act."

1955 - Act June 28, 1955, ch. 189, Sec. 3(b), 69 Stat. 175,

provided that: "The limitations of $10,560 and $14,355 with respect

to the aggregate salaries payable to secretaries and law clerks of

circuit and district judges, contained in the paragraph under the

heading 'salaries of supporting personnel' in the Judiciary

Appropriation Act, 1955 (Public Law 470, Eighty-third Congress), or

in any subsequent appropriation Act, shall be increased by the

amounts necessary to pay the additional basic compensation provided

by this Act."

1951 - Act Oct. 24, 1951, ch. 554, Sec. 1(d), 65 Stat. 613,

provided that: "The limitations of $9,600 and $13,050 with respect

to the aggregate salaries payable to secretaries and law clerks of

circuit and district judges, contained in the sixteenth paragraph

under the head 'Miscellaneous salaries' in the Judiciary

Appropriation Act, 1951 (Public Law 759, Eighty-first Congress), or

in any subsequent appropriation Act, shall be increased by the

amounts necessary to pay the additional basic compensation provided

by this Act."

The particular paragraph of the "Judiciary Appropriation Act,

1951 (Public Law 759, Eighty-first Congress)", referred to above,

is act Sept. 6, 1950, ch. 896, ch. III, title IV, Sec. 401 (part),

64 Stat. 631. The salary limitations therein, also referred to

above, were identical with those in the Judiciary Appropriation

Act, 1952 (act Oct. 22, 1951, ch. 533, title IV, Sec. 401 (part),

65 Stat. 596).

INCREASES IN COMPENSATION RATES

Increases in rates of basic compensation fixed pursuant to

subsec. (a)(5) of this section, see notes under section 603 of this

title.

TRAVEL AND SUBSISTENCE EXPENSES

Pub. L. 87-139, Sec. 6, Aug. 14, 1961, 75 Stat. 340, provided

that: "The Director of the Administrative Office of the United

States Courts shall promulgate, in accordance with section

604(a)(7) and section 456 of title 28 of the United States Code,

such regulations as he may deem necessary to effectuate the

increases provided by this Act [amending section 553 of this title,

former Title 5, Executive Departments and Government Officers and

Employees, and sections 237o, 287q, and 1471 of Title 22, Foreign

Relations and Intercourse]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 374, 602, 1871 of this

title; title 5 section 5307; title 18 sections 3155, 3611, 3612.

-End-

-CITE-

28 USC Sec. 605 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 605. Budget estimates

-STATUTE-

The Director, under the supervision of the Judicial Conference of

the United States, shall submit to the Office of Management and

Budget annual estimates of the expenditures and appropriations

necessary for the maintenance and operation of the courts and the

Administrative Office and the operation of the judicial survivors

annuity fund, and such supplemental and deficiency estimates as may

be required from time to time for the same purposes, according to

law. The Director shall cause periodic examinations of the judicial

survivors annuity fund to be made by an actuary, who may be an

actuary employed by another department of the Government

temporarily assigned for the purpose, and whose findings and

recommendations shall be transmitted by the Director to the

Judicial Conference.

Such estimates shall be approved, before presentation to the

Office of Management and Budget, by the Judicial Conference of the

United States, except that the estimate with respect to the Court

of International Trade shall be approved by such court and the

estimate with respect to the United States Court of Appeals for the

Federal Circuit shall be approved by such court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915; July 9, 1956, ch. 517, Sec.

1(e), 70 Stat. 497; Aug. 3, 1956, ch. 944, Sec. 4, 70 Stat. 1026;

Pub. L. 87-253, Sec. 3, Sept. 19, 1961, 75 Stat. 521; Pub. L.

96-417, title V, Sec. 501(14), Oct. 10, 1980, 94 Stat. 1742; Pub.

L. 97-164, title I, Sec. 119(a), Apr. 2, 1982, 96 Stat. 33; Pub. L.

97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 447 (Mar. 3, 1911, ch.

231, Sec. 305, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains provisions of section 447 of title 28,

U.S.C., 1940 ed., relating to budget estimates. The remainder of

said section 447 is incorporated in section 604 of this title.

The designation "senior circuit judges" was changed to "chief

judges of the circuits" in conformity with section 45 of this

title.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

Those provisions of this section which related to the Tax Court

were eliminated by Senate amendment. See 80th Congress Senate

Report No. 1559.

AMENDMENTS

1982 - Pub. L. 97-258 struck out paragraph which had provided

that budget estimates be included in the budget without revision,

but subject to the recommendations of the Bureau of the Budget, as

provided by section 11 of Title 31 for the estimates of the Supreme

Court. See section 1105(b) of Title 31, Money and Finance.

Pub. L. 97-164 substituted "Office of Management and Budget" for

"Bureau of the Budget" wherever appearing and inserted requirement

that the estimate of the expenditures and appropriations necessary

for the maintenance and operation of the United States Court of

Appeals for the Federal Circuit be approved by such court.

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

1961 - Pub. L. 87-253 struck out from second paragraph the

requirement that the estimate with respect to the Court of Customs

and Patent Appeals be approved by such court.

1956 - Act Aug. 3, 1956, inserted provision to authorize the

Director to include in the budget estimates of the courts the

expenditures and appropriations necessary for the operation of the

judicial survivors annuity fund, and inserted provision that

Director shall cause periodic actuarial examinations to be made of

the judicial survivors annuity fund and shall report the actuary's

findings and recommendations to the Judicial Conference.

Act July 9, 1956, struck out "and the Court of Claims" after "the

Customs Court" and substituted "and" for the comma after "the Court

of Customs and Patents Appeals" in second par.

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 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 3006A.

-End-

-CITE-

28 USC Sec. 606 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 606. Duties of Deputy Director

-STATUTE-

The Deputy Director shall perform the duties assigned to him by

the Director, and shall act as Director during the absence or

incapacity of the Director or when the Director's office is vacant.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915; Pub. L. 86-370, Sec.

5(a)(1), Sept. 23, 1959, 73 Stat. 652.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 444 (Mar. 3, 1911, ch.

231, Sec. 302, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains provisions as to duties of Assistant

Director in section 444 of title 28, U.S.C., 1940 ed. The remainder

of said section 444 is incorporated in sections 601, 603 and 608 of

this title.

AMENDMENTS

1959 - Pub. L. 86-370 substituted "Deputy Director" for

"Assistant Director".

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-370 effective Sept. 23, 1959, see section

7(a) of Pub. L. 86-370.

REFERENCE TO ASSISTANT DIRECTOR DEEMED REFERENCE TO DEPUTY DIRECTOR

References in any other law to Assistant Director of the

Administrative Office of the United States Courts deemed to be

reference to the Deputy Director of the Administrative Office of

the United States Courts, see note set out under section 601 of

this title.

-End-

-CITE-

28 USC Sec. 607 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 607. Practice of law prohibited

-STATUTE-

An officer or employee of the Administrative Office shall not

engage directly or indirectly in the practice of law in any court

of the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 445 (Mar. 3, 1911, ch.

231, Sec. 303, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains the last paragraph of title 28, U.S.C.,

1940 ed., Sec. 445. The remainder of said section is incorporated

in sections 602 and 603 of this title.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 608 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 608. Seal

-STATUTE-

The Director shall use a seal approved by the Supreme Court.

Judicial notice shall be taken of such seal.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 444 (Mar. 3, 1911, ch.

231, Sec. 302, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains a part of section 444 of title 28, U.S.C.,

1940 ed. The remainder of said section 444 is incorporated in

sections 601, 603 and 606 of this title.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 609 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 609. Courts' appointive power unaffected

-STATUTE-

The authority of the courts to appoint their own administrative

or clerical personnel shall not be limited by any provisions of

this chapter.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed. Sec. 446 (Mar. 3, 1911, ch.

231, Sec. 304, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

This section contains the last clause of section 446(1) of title

28, U.S.C., 1940 ed.

A similar provision with respect to the Attorney General's

authority over United States attorneys and their assistants, and

United States marshals and their deputies was omitted as

unnecessary since there is nothing in this chapter that could

affect such authority of the Attorney General.

For other provisions of section 446 of title 28, U.S.C., 1940

ed., see section 604 of this title.

Minor changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 610 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 610. Courts defined

-STATUTE-

As used in this chapter the word "courts" includes the courts of

appeals and district courts of the United States, the United States

District Court for the District of the Canal Zone, the District

Court of Guam, the District Court of the Virgin Islands, the United

States Court of Federal Claims, and the Court of International

Trade.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915; Oct. 31, 1951, ch. 655, Sec.

44, 65 Stat. 725; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72

Stat. 348; Pub. L. 95-598, title II, Sec. 226, Nov. 6, 1978, 92

Stat. 2665; Pub. L. 96-417, title V, Sec. 501(15), Oct. 10, 1980,

94 Stat. 1742; Pub. L. 97-164, title I, Sec. 120(a), Apr. 2, 1982,

96 Stat. 33; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 450 (Mar. 3, 1911, ch.

231, Sec. 308, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

Words "and the United States Court for China" were omitted. See

reviser's note under section 411 of this title.

Provisions making this chapter and sections 332 and 333 of this

title expressly applicable to the Court of Appeals for the District

of Columbia were omitted as covered by "courts of appeals." (See

section 41 of this title and reviser's notes under such section and

section 44 of this title.)

A definition of "continental United States" as "the States of the

Union and the District of Columbia" is omitted as unnecessary. (See

reviser's note under section 333 of this title.)

The term "district courts in the United States" in this section

includes the District Court for the District of Columbia. (See

section 88 of this title.)

Other provisions of section 450 of title 28, U.S.C., 1940 ed.,

are incorporated in sections 333 and 604 of this title.

The phrase "all other courts of the United States established by

Act of Congress" was added to provide for future growth of the

Federal judicial system. [See Senate Revision Amendment below.]

Changes in arrangement and phraseology were made.

SENATE REVISION AMENDMENT

Those provisions of this section which related to the Tax Court

were eliminated by Senate amendment. See 80th Congress Senate

Report No. 1559.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "the United States Claims

Court" for "the Court of Claims, the Court of Customs and Patent

Appeals".

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

1978 - Pub. L. 95-598 directed the amendment of section by

substituting ", district courts, and bankruptcy courts" for "and

district courts", 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.

1958 - Pub. L. 85-508 struck out provisions which included

District Court for Territory of Alaska within definition of court.

See section 81A of this title which establishes a United States

District Court for the State of Alaska.

1951 - Act Oct. 31, 1951, inserted reference to the District

Court of Guam.

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 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 AMENDMENT

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.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission

of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,

24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of

Pub. L. 85-508, see notes set out under section 81A of this title

and preceding section 21 of Title 48, Territories and Insular

Possessions.

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 613, 963, 1631 of this

title; title 5 sections 5584, 5595, 5596, 8331, 8347, 8402.

-End-

-CITE-

28 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 611. Retirement of Director

-STATUTE-

(a) The Director may, by written election filed with the Chief

Justice of the United States within 6 months after the date on

which he takes office, waive coverage under chapter 83 of title 5,

subchapter III (the Civil Service Retirement System) or chapter 84

of title 5 (the Federal Employees' Retirement System), whichever is

applicable, and bring himself within the purview of this section. A

Director who elects coverage under this section shall be deemed an

"employee" for purposes of chapter 84 of title 5, subchapter III,

regardless of whether he has waived the coverage of chapter 83,

subchapter III, or chapter 84. Waiver of coverage under chapter 83,

subchapter III, and election of this section shall not operate to

foreclose to the Director, upon separation from service other than

by retirement, such opportunity as the law may provide to secure

retirement credit under chapter 83 for service as Director by

depositing with interest the amount required by section 8334 of

title 5. A Director who waives coverage under chapter 84 and elects

this section may secure retirement credit under chapter 84 for

service as Director by depositing with interest 1.3 percent of

basic pay for service from January 1, 1984, through December 31,

1986, and the amount referred to in section 8422(a) of title 5, for

service after December 31, 1986. Interest shall be computed under

section 8334(e) of title 5.

(b) Upon the retirement of a Director who has elected coverage

under this section and who has at least fifteen years of service

and has attained the age of sixty-five years the Administrative

Office of the United States Courts shall pay him an annuity for

life equal to 80 per centum of the salary of the office at the time

of his retirement.

Upon the retirement of a Director who has elected coverage under

this section and who has at least ten years of service, but who is

not eligible to receive an annuity under the first paragraph of

this subsection, the Administrative Office of the United States

Courts shall pay him an annuity for life equal to that proportion

of 80 per centum of the salary of the office at the time of his

retirement that the number of years of his service bears to

fifteen, reduced by one-quarter of 1 per centum for each full

month, if any, he is under the age of sixty-five at the time of

separation from service.

(c) A Director who has elected coverage under this section and

who becomes permanently disabled to perform 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 at the time of his

retirement if he has at least fifteen years of service, or equal to

that proportion of 80 percentum of such salary that the aggregate

number of years of his service bears to fifteen if he has less than

fifteen years of service, but in no event less than 50 per centum

of such salary.

(d) For the purpose of this section, "service" means service,

whether or not continuous, as Director of the Administrative Office

of the United States Courts, and any service, not to exceed five

years, as a judge of the United States, a Senator or Representative

in Congress, a congressional employee in the capacity of primary

administrative assistant to a Member of Congress or in the capacity

of staff director or chief counsel for the majority or the minority

of a committee or subcommittee of the Senate or House of

Representatives, or a civilian official appointed by the President,

by and with the advice and consent of the Senate.

(e) Each annuity payable under this section shall be increased by

the same percentage amount and effective on the same date as

annuities payable under chapter 83 of title 5, are increased as

provided by section 8340 of title 5.

-SOURCE-

(Added Pub. L. 90-219, title II, Sec. 201(a), Dec. 20, 1967, 81

Stat. 668; amended Pub. L. 100-702, title X, Secs. 1004(a),

1006(a)(1), Nov. 19, 1988, 102 Stat. 4665, 4666; Pub. L. 106-518,

title III, Sec. 301(a), Nov. 13, 2000, 114 Stat. 2416.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-518, Sec. 301(a)(2), substituted

"who has at least fifteen years of service and has" for "who has

served at least fifteen years and" in first par. and "who has at

least ten years of service," for "who has served at least ten

years," in second par.

Subsec. (c). Pub. L. 106-518, Sec. 301(a)(3), substituted "at

least fifteen years of service," for "served at least fifteen

years," and "less than fifteen years of service," for "served less

than fifteen years,".

Subsec. (d). Pub. L. 106-518, Sec. 301(a)(1), inserted "a

congressional employee in the capacity of primary administrative

assistant to a Member of Congress or in the capacity of staff

director or chief counsel for the majority or the minority of a

committee or subcommittee of the Senate or House of

Representatives," after "Congress,".

1988 - Subsec. (a). Pub. L. 100-702, Sec. 1006(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "The Director may, by written election filed with the

Chief Justice of the United States within six months after the date

on which he takes office, waive coverage under subchapter III

(relating to civil service retirement) of chapter 83, Title 5,

United States Code, and bring himself within the purview of this

section. Such waiver and election shall not operate to foreclose to

the Director, upon separation from service other than by

retirement, such opportunity as the law may provide to secure civil

service retirement credit for service as Director by depositing

with interest the amount required by section 8334 of title 5,

United States Code."

Subsec. (e). Pub. L. 100-702, Sec. 1004(a), added subsec. (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1004(b) of title X of Pub. L. 100-702 provided that: "The

amendments made by this section [amending this section and section

627 of this title] shall apply to cost-of-living increases that go

into effect on or after the date of enactment of this title [Nov.

19, 1988] with respect to any annuity being paid or becoming

payable on or after such date."

Section 1006(b) of title X of Pub. L. 100-702 provided that: "The

amendments made by this section [amending this section and section

627 of this title] shall apply to persons holding the offices of

Director of the Administrative Office of the United States Courts,

Director of the Federal Judicial Center, and Administrative

Assistant to the Chief Justice on the date of enactment of this

title [Nov. 19, 1988]."

RETROACTIVE EFFECT

Section 205 of Pub. L. 90-219 provided that:

"(a) Except as provided in subsection (b), the amendments made by

this title [enacting this section and amending sections 376 and 604

of this title], insofar as they relate to retirement and

survivorship benefits of the Director of the Administrative Office

of the United States Courts, shall be applicable only with respect

to persons first appointed to such office after the date of

enactment of this Act [Dec. 20, 1967].

"(b) The provisions of section 611(a), the first paragraph of

section 611(b), and section 376(s), of title 28, United States

Code, as added by such amendments, shall be applicable to a

Director or former Director of the Administrative Office of the

United States Courts who was first appointed prior to the date of

enactment of this Act [Dec. 20, 1967] if at the time such Director

or former Director left or leaves such office he had, or shall

have, attained the age of sixty-five years and completed fifteen

years of service as Director of the Administrative Office of the

United States Courts and if, on or before the expiration of six

months following the date of enactment of this Act [Dec. 20, 1967],

he makes the election referred to in section 611(a) or section

376(s), or both, as the case may be."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 376, 677 of this title.

-End-

-CITE-

28 USC Sec. 612 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 612. Judiciary Information Technology Fund

-STATUTE-

(a) Establishment and Availability of Fund. - There is hereby

established in the Treasury of the United States a special fund to

be known as the "Judiciary Information Technology Fund" (hereafter

in this section referred to as the "Fund"). Moneys in the Fund

shall be available to the Director without fiscal year limitation

for the procurement (by lease, purchase, exchange, transfer, or

otherwise) of information technology resources for program

activities included in the courts of appeals, district courts, and

other judicial services account of the judicial branch of the

United States. The Fund shall also be available for expenses,

including personal services, support personnel in the courts and in

the Administrative Office of the United States Courts, and other

costs, for the effective management, coordination, operation, and

use of information technology resources purchased by the Fund. In

addition, all agencies of the judiciary may make deposits into the

Fund to meet their information technology needs in accordance with

subsections (b) and (c)(2).

(b) Plan for Meeting Information Technology Needs. -

(1) Development of plan. - The Director shall develop and

annually revise, with the approval of the Judicial Conference of

the United States, a long range plan for meeting the information

technology resources needs of the activities funded under

subsection (a) and shall include an annual estimate of any fees

that may be collected under section 404 of the Judiciary

Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133).

Such plan and revisions shall be submitted to Congress.

(2) Expenditures consistent with plan. - The Director may use

amounts in the Fund to procure information technology resources

for the activities funded under subsection (a) only in accordance

with the plan developed under paragraph (1).

(c) Deposits Into Fund. -

(1) Deposits. - There shall be deposited in the Fund -

(A) all proceeds resulting from activities conducted under

subsection (a), including net proceeds of disposal of excess or

surplus property, all fees collected after the date of the

enactment of the Judicial Amendments Act of 1994 by the

judiciary under section 404 of the Judiciary Appropriations

Act, 1991 (Public Law 101-515; 104 Stat. 2133) and receipts

from carriers and others for loss of or damage to property;

(B) amounts available for activities described in subsection

(a) from funds appropriated to the judiciary; and

(C) any advances and reimbursements required by paragraph

(2).

(2) Advances and reimbursements. - Whenever the Director

procures information technology resources for any entity in the

judicial branch other than the courts or the Administrative

Office, that entity shall advance or reimburse the Fund,

whichever the Director considers appropriate, for the costs of

the information technology resources, from appropriations

available to that entity.

(d) Authorization of Appropriations. - There are authorized to be

appropriated to the Fund for any fiscal year such sums as are

required to supplement amounts deposited under subsection (c) in

order to conduct activities under subsection (a).

(e) Contract Authority. -

(1) For each fiscal year. - In fiscal year 1990, and in each

succeeding fiscal year, the Director may enter into contracts for

the procurement of information technology resources in amounts

which, in the aggregate, do not exceed amounts estimated to be

collected under subsection (c) for that fiscal year in advance of

the availability of amounts in the Fund for such contracts.

(2) Multiyear contracts. - In conducting activities under

subsection (a), the Director is authorized to enter into

multiyear contracts for information technology resources for

periods of not more than five years for any contract, if -

(A) funds are available and adequate for payment of the costs

of such contract for the first fiscal year and for payment of

any costs of cancellation or termination of the contract;

(B) such contract is awarded on a fully competitive basis;

and

(C) the Director determines that -

(i) the need for the information technology resources being

provided will continue over the period of the contract; and

(ii) the use of the multi-year contract will yield

substantial cost savings when compared with other methods of

providing the necessary resources.

(3) Cancellation costs of multiyear contract. - Any

cancellation costs incurred with respect to a contract entered

into under paragraph (2) shall be paid from currently available

amounts in the Fund.

(f) Authority of Administrator of General Services. - Nothing in

this section shall be construed to limit the authority of the

Administrator of General Services under sections 501-505 of title

40.

(g) Annual Report. -

(1) In general. - The Director shall submit to the Congress an

annual report on the operation of the Fund, including on the

inventory, use, and acquisition of information technology

resources from the Fund and the consistency of such acquisition

with the plan prepared under subsection (b). The report shall set

forth the amounts deposited into the Fund under subsection (c).

(2) Additional contents of report. - The annual report

submitted under this subsection shall include -

(A) the specific actions taken and the progress made to

improve the plan developed under subsection (b) and the long

range automation plan and strategic business plan developed

under subsection (k); (!1) and

(B) a comparison of planned Fund expenditures and

accomplishments with actual Fund expenditures and

accomplishments, and the reasons for any delays in scheduled

systems development, or budget overruns.

(h) Reprogramming. - The Director of the Administrative Office of

the United States Courts, under the supervision of the Judicial

Conference of the United States, may transfer amounts up to

$1,000,000 from the Fund into the account to which the funds were

originally appropriated. Any amounts transferred from the Fund in

excess of $1,000,000 in any fiscal year may only be transferred by

following reprogramming procedures in compliance with section 606

of the Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriations Act, 1989 (Public Law 100-459;

102 Stat. 2227).

(i) Appropriations Into the Fund. - If the budget request of the

judiciary is appropriated in full, the amount deposited into the

Fund during any fiscal year under the authority of subsection

(c)(1)(B) will be the same as the amount of funds requested by the

judiciary for activities described in subsection (a). If an amount

to be deposited is not specified in statute by Congress and if the

full request is not appropriated, the amount to be deposited under

subsection (c)(1)(B) will be set by the spending priorities

established by the Judicial Conference.

(j) Long Range Management and Business Plans. - The Director of

the Administrative Office of the United States Court shall -

(1) develop an overall strategic business plan which would

identify the judiciary's missions, goals, and objectives;

(2) develop a long range automation plan based on the strategic

business plan and user needs assessments;

(3) establish effective Administrative Office oversight of

court automation efforts to ensure the effective operation of

existing systems and control over developments of future systems;

(4) expedite efforts to complete the development and

implementation of life cycle management standards;

(5) utilize the standards in developing the next generation of

case management and financial systems; and

(6) assess the current utilization and future user requirements

of the data communications network.

-SOURCE-

(Added Pub. L. 101-162, title IV, Sec. 404(b)(1), Nov. 21, 1989,

103 Stat. 1013; amended Pub. L. 103-420, Sec. 2, Oct. 25, 1994, 108

Stat. 4343; Pub. L. 104-106, div. E, title LVI, Sec. 5602, Feb. 10,

1996, 110 Stat. 699; Pub. L. 104-208, div. A, title I, Sec. 101(a)

[title III, Sec. 305], Sept. 30, 1996, 110 Stat. 3009, 3009-45;

Pub. L. 105-85, div. A, title X, Sec. 1073(h)(2), Nov. 18, 1997,

111 Stat. 1907; Pub. L. 105-119, title III, Sec. 304, Nov. 26,

1997, 111 Stat. 2491; Pub. L. 106-518, title I, Sec. 101, Nov. 13,

2000, 114 Stat. 2411; Pub. L. 107-217, Sec. 3(g)(2), Aug. 21, 2002,

116 Stat. 1299.)

-REFTEXT-

REFERENCES IN TEXT

Section 404 of Public Law 101-515, referred to in subsecs. (b)(1)

and (c)(1)(A), was formerly set out as a Court Fees for Electronic

Access to Information note under section 1913 of this title.

The date of the enactment of the Judicial Amendments Act of 1994,

referred to in subsec. (c)(1)(A), is the date of enactment of Pub.

L. 103-420, which was approved Oct. 25, 1994.

Subsection (k), referred to in subsec. (g)(2)(A), was

redesignated subsection (j) of this section by Pub. L. 106-518,

title I, Sec. 101(2), Nov. 13, 2000, 114 Stat. 2411.

Section 606 of Public Law 100-459, referred to in subsec. (h), is

section 606 of Pub. L. 100-459, title VI, Oct. 1, 1988, 102 Stat.

2227, which is not classified to the Code.

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-217 substituted "sections 501-505

of title 40" for "section 201 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 481)".

2000 - Pub. L. 106-518, Sec. 101(1), substituted "technology

resources" for "technology equipment" wherever appearing.

Subsec. (f). Pub. L. 106-518, Sec. 101(2), redesignated subsec.

(g) as (f) and struck out former subsec. (f) which read as follows:

"(f) Applicability of Procurement Statute. - The procurement of

information technology equipment under this section shall be

conducted in compliance with the provisions of law, policies, and

regulations applicable to executive agencies under division E of

the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)."

Subsec. (g). Pub. L. 106-518, Sec. 101(2), redesignated subsec.

(h) as (g). Former subsec. (g) redesignated (f).

Subsec. (g)(3). Pub. L. 106-518, Sec. 101(3), struck out par. (3)

which read as follows: "(3) Report in year of termination of

authority. - The annual report submitted under this subsection for

any year in which the authority for this section is to terminate

under subsection (m), shall be submitted no later than 9 months

before the date of such termination."

Subsec. (h). Pub. L. 106-518, Sec. 101(2), redesignated subsec.

(i) as (h). Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 106-518, Sec. 101(2), (4), redesignated

subsec. (j) as (i) and substituted "judiciary" for "Judiciary" in

two places, "authority of subsection (c)(1)(B)" for "authority of

subparagraph (c)(1)(B)", and "under subsection (c)(1)(B)" for

"under (c)(1)(B)". Former subsec. (i) redesignated (h).

Subsecs. (j), (k). Pub. L. 106-518, Sec. 101(2), redesignated

subsecs. (j) and (k) as (i) and (j), respectively.

1997 - Subsec. (f). Pub. L. 105-85 substituted "division E of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)" for "the

Information Technology Management Reform Act of 1996".

Subsec. (l). Pub. L. 105-119 struck out subsec. (l) which read as

follows:

"(l) Termination of Authority. - The Fund, and the authorities

conferred by this section, terminate on September 30, 1998. All

unobligated amounts remaining in the Fund on that date shall be

deposited into the fund established under section 1931 of this

title to be used to reimburse other appropriations."

1996 - Pub. L. 104-106, Sec. 5602(b)(1), substituted "Information

Technology Fund" for "Automation Fund" in section catchline.

Subsec. (a). Pub. L. 104-106, Sec. 5602(b)(3), substituted

"information technology" for "automatic data processing" wherever

appearing.

Pub. L. 104-106, Sec. 5602(b)(2), substituted "Information

Technology Fund" for "Automation Fund".

Subsecs. (b), (c)(2), (e). Pub. L. 104-106, Sec. 5602(b)(3),

substituted "information technology" for "automatic data

processing" wherever appearing.

Subsec. (f). Pub. L. 104-106, Sec. 5602(b)(3), substituted

"information technology" for "automatic data processing".

Pub. L. 104-106, Sec. 5602(a)(1), substituted "the provisions of

law, policies, and regulations applicable to executive agencies

under the Information Technology Management Reform Act of 1996" for

"section 111 of the Federal Property and Administrative Services

Act of 1949 (40 U.S.C. 759)".

Subsec. (g). Pub. L. 104-106, Sec. 5602(a)(2), substituted

"section 201 of the Federal Property and Administrative Services

Act of 1949 (40 U.S.C. 481)" for "sections 111 and 201 of the

Federal Property and Administrative Services Act of 1949 (40 U.S.C.

481 and 759)".

Subsec. (h)(1). Pub. L. 104-106, Sec. 5602(b)(3), substituted

"information technology" for "automatic data processing".

Subsec. (l). Pub. L. 104-208, Sec. 101(a) [title III, Sec. 305],

substituted "September 30, 1998" for "September 30, 1997".

Pub. L. 104-106, Sec. 5602(a)(3), (4), redesignated subsec. (m)

as (l) and struck out former subsec. (l) which read as follows:

"(l) Definition. - For purposes of this section, the term

'automatic data processing equipment' has the meaning given that

term in section 111(a)(2)(A) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 759(a)(2)(A))."

Subsec. (m). Pub. L. 104-106, Sec. 5602(a)(3), redesignated

subsec. (m) as (l).

1994 - Subsec. (a). Pub. L. 103-429, Sec. 2(1), inserted "program

activities included in the courts of appeals, district courts, and

other judicial services account of" after "equipment for" and

substituted ", support personnel in the courts and in the

Administrative Office of the United States Courts, and other costs,

for the effective management, coordination, operation, and use of

automatic data processing equipment purchased by the Fund. In

addition, all agencies of the judiciary may make deposits into the

Fund to meet their automatic data processing needs in accordance

with subsections (b) and (c)(2)" for "and other costs, for the

effective management, coordination, operation, and use of automatic

data processing equipment in the judicial branch".

Subsec. (b)(1). Pub. L. 103-420, Sec. 2(2), substituted

"activities funded under subsection (a) and shall include an annual

estimate of any fees that may be collected under section 404 of the

Judiciary Appropriations Act, 1991 (Public Law 101-515; 104 Stat.

2133)" for "judicial branch".

Subsec. (b)(2). Pub. L. 103-420, Sec. 2(3), substituted

"activities funded under subsection (a)" for "judicial branch of

the United States".

Subsec. (c)(1)(A). Pub. L. 103-420, Sec. 2(4), inserted ", all

fees collected after the date of the enactment of the Judicial

Amendments Act of 1994 by the judiciary under section 404 of the

Judiciary Appropriations Act, 1991 (Public Law 101-515; 104 Stat.

2133)" after "surplus property".

Subsec. (e)(1). Pub. L. 103-420, Sec. 2(5), struck out "(A)"

before "In fiscal year 1990" and substituted "amounts estimated to

be collected under subsection (c) for that fiscal year" for

"$75,000,000".

Subsec. (h). Pub. L. 103-420, Sec. 2(6), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: "Annual

Report. - The Director shall submit to the Congress an annual

report on the operation of the Fund, including on the inventory,

use, and acquisition of automatic data processing equipment from

the Fund and the consistency of such acquisition with the plan

prepared under subsection (b). The report shall set forth the

amounts deposited into the Fund under subsection (c)."

Subsec. (i). Pub. L. 103-420, Sec. 2(7), substituted "may

transfer amounts up to $1,000,000 from the Fund into the account to

which the funds were originally appropriated. Any amounts

transferred from the Fund in excess of $1,000,000 in any fiscal

year may only be transferred by following reprogramming procedures

in compliance with section 606 of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227)" for

"and upon notification to the Committees on Appropriations of the

House of Representatives and the Senate, may use amounts deposited

into the Fund under subparagraph (c)(1)(B) for purposes other than

those established in subsection (a) only by following reprogramming

procedures in compliance with provisions set forth in section 606

of Public Law 100-459."

Subsec. (j). Pub. L. 103-420, Sec. 2(8), substituted "not

specified in statute by Congress" for "not specified by Congress"

in second sentence.

Subsec. (k). Pub. L. 103-420, Sec. 2(9), added subsec. (k).

Former subsec. (k) redesignated (l).

Subsec. (l). Pub. L. 103-420, Sec. 2(9), redesignated subsec. (k)

as (l). Former subsec. (l) redesignated (m).

Subsec. (m). Pub. L. 103-420, Sec. 2(9), (10), redesignated

subsec. (l) as (m) and substituted "September 30, 1997" for

"September 30, 1994" and "fund established under section 1931 of

this title" for " 'Judicial Services Account' ".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,

1996, see section 5701 of Pub. L. 104-106, div. E, title LVII, Feb.

10, 1996, 110 Stat. 702.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (g) of this section is listed

on page 143), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

28 USC Sec. 613 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

-HEAD-

Sec. 613. Disbursing and certifying officers

-STATUTE-

(a) Disbursing Officers. - The Director may designate in writing

officers and employees of the judicial branch of the Government,

including the courts as defined in section 610 other than the

Supreme Court, to be disbursing officers in such numbers and

locations as the Director considers necessary. Such disbursing

officers shall -

(1) disburse moneys appropriated to the judicial branch and

other funds only in strict accordance with payment requests

certified by the Director or in accordance with subsection (b);

(2) examine payment requests as necessary to ascertain whether

they are in proper form, certified, and approved; and

(3) be held accountable for their actions as provided by law,

except that such a disbursing officer shall 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 subsection (b).

(b) Certifying Officers. -

(1) In general. - The Director may designate in writing

officers and employees of the judicial branch of the Government,

including the courts as defined in section 610 other than the

Supreme Court, to certify payment requests payable from

appropriations and funds. Such certifying officers shall be

responsible and accountable for -

(A) the existence and correctness of the facts recited in the

certificate or other request for payment or its supporting

papers;

(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 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, improper, or incorrect payment

resulting from any false, inaccurate, or misleading certificates

made by the certifying 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) Rights. - A certifying or disbursing officer -

(1) has the right to apply for and obtain a decision 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.

-SOURCE-

(Added Pub. L. 106-518, title III, Sec. 304(a), Nov. 13, 2000, 114

Stat. 2417.)

-MISC1-

CONSTRUCTION

Pub. L. 106-518, title III, Sec. 304(c), Nov. 13, 2000, 114 Stat.

2418, provided that: "The amendment made by subsection (a)

[enacting this section] shall not be construed to authorize the

hiring of any Federal officer or employee."

SIMILAR PROVISIONS

Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 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

officers in such numbers and locations as the Director considers

necessary. These disbursing officers will: (1) disburse moneys

appropriated to the judicial branch and other funds only in strict

accordance with payment requests certified by the Director or in

accordance with subsection (b) of this section; (2) examine payment

requests as necessary to ascertain whether they are in proper form,

certified, and approved; and (3) be held accountable as provided by

law. However, a disbursing officer 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 subsection (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 excluding the Supreme Court, to certify payment

requests payable from appropriations and funds. These certifying

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 supporting papers; (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) The liability of a certifying officer will be enforced 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, improper, or incorrect payment resulting from any false,

inaccurate, or misleading certificates made by the certifying

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 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 as provided by law.

"(d) The Director shall disburse, directly or through officials

designated pursuant to this section, appropriations and other funds

for the maintenance and operation 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."

-End-