§ 602. — Employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC602]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 602. Employees
(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.
(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.)
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.
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.
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.
