§ 601. — Creation; Director and Deputy Director.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC601]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 601. Creation; Director and Deputy Director
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.
(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.)
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.''
