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§ 603. —  Salaries.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 28USC603]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                 PART III--COURT OFFICERS AND EMPLOYEES
 
        CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
 
Sec. 603. Salaries

    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.

(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.)


                      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.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 5307.



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