Notes on 28 U.S.C. § 604 : US Code - Notes

Search Notes on 28 U.S.C. § 604 : US Code - Notes

(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; Pub.
L. 109-115, div. A, title IV, Sec. 407(a), Nov. 30, 2005, 119 Stat.
2470.)
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
2005 - Subsec. (g)(4). Pub. L. 109-115 added par. (4).
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.
EXPIRATION OF AUTHORITIES
Pub. L. 109-115, div. A, title IV, Sec. 407(c), Nov. 30, 2005,
119 Stat. 2471, provided that: "The authorities granted in this
section [amending this section and section 612 of this title] shall
expire on September 30, 2010."
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, formerly 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]."