§ 604. — Duties of Director generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC604]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 604. Duties of Director generally
(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.
(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.)
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.
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.
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 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.
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].''
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.
