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., §§ 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. §§ 1075, 1085; Mar. 3, 1891, ch. 517, §§ 2, 9, 26 Stat. 826, 829; Feb. 9, 1893, ch. 74, § 4, 27 Stat. 435; July 30, 1894, ch. 172, § 1, 28 Stat. 160; Mar. 3, 1901, ch. 854, § 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, § 5, 36 Stat. 1088; Mar. 3, 1911, ch. 231, § 118a, as added June 17, 1930, ch. 509, 46 Stat. 774; Mar. 3, 1911, ch. 231, § 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; Mar. 3, 1911, ch. 231, §§ 140, 163, 171, 189–193, 291, 36 Stat. 1136, 1140, 1141, 1143, 1167; Mar. 3, 1911, ch. 231, §§ 304, 305, 308, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 26, 1919, ch. 49, §§ 1, 2, 3, 4, 5, 7, 8, 40 Stat. 1182; July 19, 1919, ch. 24, § 1, 41 Stat. 210; Nov. 4, 1919, ch. 93, § 1, 41 Stat. 338; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Feb. 22, 1921, ch. 70, § 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, § 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, § 1, 52 Stat. 264; Feb. 10, 1939, ch. 2, §§ 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, § 201, 57 Stat. 242, 243; June 26, 1944, ch. 277, title II, § 201, 58 Stat. 357; Dec. 7, 1944, ch. 522, § 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.
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., § 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.
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,
Section 253l of title 41, United States Code, referred to in subsec. (g)(4)(A), probably means section 303L of act June 30, 1949, ch. 288, which was classified to section 253l of former Title 41, Public Contracts, and was repealed and restated as section 3902 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b),
Section 254c of title 41, United States Code, referred to in subsec. (g)(4)(B), probably means section 304B of act June 30, 1949, ch. 288, which was classified to section 254c of former Title 41, Public Contracts, and was repealed and restated as section 3903 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b),
Section 255 of title 41, United States Code, referred to in subsec. (g)(4)(C), probably means section 305 of act June 30, 1949, ch. 288, which was classified to section 255 of former Title 41, Public Contracts, and was repealed and restated as chapter 45 (§ 4501 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b),
The date of enactment of the Fair Chance to Compete for Jobs Act of 2019, referred to in subsec. (i)(5)(A), is the date of enactment of subtitle B of title XI of div. A of Pub. L. 116–92, which was approved
Section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019, referred to in subsec. (i)(5)(B), probably means section 1122(b)(1) of Pub. L. 116–92, which relates to regulations and is set out as a note under section 9201 of Title 5, Government Organization and Employees.
2022—Subsec. (a)(24), (25). Pub. L. 117–263 substituted “the Director” for “him” in par. (24), redesignated par. (24) as (25), and added new par. (24).
2019—Subsec. (i). Pub. L. 116–92 added subsec. (i).
2011—Subsec. (a)(10)(C). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)”.
2009—Subsec. (a)(5). Pub. L. 111–8 substituted “, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate judges retired under section 377 of this title, and judges retired under section 373 of this title, who are” for “magistrate judges appointed under section 631 of this title,”.
2008—Subsec. (a)(5). Pub. L. 110–177 inserted “magistrate judges appointed under section 631 of this title,” after “hold office during good behavior”.
2005—Subsec. (g)(4). Pub. L. 109–115 added par. (4).
2002—Subsec. (a)(20)(B). Pub. L. 107–273, § 11043(e)(1)(A), substituted “358” for “372(c)(11)”.
Subsec. (a)(20)(C). Pub. L. 107–273, § 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, § 11043(e)(2)(A), substituted “chapter 16” for “section 372” in two places.
Subsec. (h)(2). Pub. L. 107–273, § 11043(e)(2)(B), substituted “chapter 16” for “section 372(c)”.
2000—Subsec. (a)(8). Pub. L. 106–518, § 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, § 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
1992—Subsec. (a)(7), (23). Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (g)(3). Pub. L. 102–572, § 503, added par. (3).
1990—Subsec. (a)(7). Pub. L. 101–650, § 325(c)(1), amended Pub. L. 100–702, § 1011. See 1988 Amendment note below.
Pub. L. 101–650, § 306(e)(1)(B)(i), inserted “judges of the United States Claims Court,” before “bankruptcy judges”.
Subsec. (a)(19). Pub. L. 101–474, § 5(r), and Pub. L. 101–650, § 306(e)(1)(A), made identical technical amendment to directory language of Pub. L. 100–702, § 402(a)(1). See 1988 Amendment note below.
Subsec. (a)(23). Pub. L. 101–650, § 306(e)(1)(B)(iii), added par. (23). Former par. (23) redesignated (24).
Pub. L. 101–474, § 5(r), and Pub. L. 101–650, § 306(e)(1)(A), made identical technical amendments to directory language of Pub. L. 100–702, § 402(a)(1). See 1988 Amendment note below.
Subsec. (a)(24). Pub. L. 101–650, § 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, § 1020(a)(2), substituted “semiannually” for “quarterly”.
Subsec. (a)(7). Pub. L. 100–702, § 1011, as amended by Pub. L. 101–650, § 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, § 6(a)(1), inserted “bankruptcy judges, United States magistrates,” after “United States,”.
Subsec. (a)(14), (15). Pub. L. 100–702, § 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, § 1008(1), redesignated pars. (15) and (16) as (16) and (17), respectively. Former par. (17) redesignated (18).
Subsec. (a)(18). Pub. L. 100–702, § 1008(1), redesignated par. (17) as (18). Former par. (18), as added by Pub. L. 100–659, redesignated (19).
Pub. L. 100–659, § 6(a)(3), added par. (18). Former par. (18) redesignated (19).
Subsec. (a)(19). Pub. L. 100–702, § 1008(2), redesignated par. (19), as added by Pub. L. 100–702, § 402(a)(2), as (20).
Pub. L. 100–702, § 402(a), as amended by Pub. L. 101–474, § 5(r), and Pub. L. 101–650, § 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, § 6(a)(2), redesignated par. (18), relating to performance of other duties, as (19).
Subsec. (a)(20). Pub. L. 100–702, § 1008(2), redesignated par. (19), as added by Pub. L. 100–702, § 402(a)(2), as (20).
Subsec. (a)(21). Pub. L. 100–702, § 1008(2), added par. (21).
Subsec. (a)(22). Pub. L. 100–702, § 1010, added par. (22).
Subsec. (a)(23). Pub. L. 100–702, § 402(a)(1), as amended by Pub. L. 101–474, § 5(r), and Pub. L. 101–650, § 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, § 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, § 7(1), struck out “agencies” after “pretrial services”.
Subsec. (a)(10). Pub. L. 97–267, § 7(2), substituted “providing pretrial services” for “for pretrial services agencies”.
Subsec. (a)(11). Pub. L. 97–267, § 7(3), substituted “offices providing pretrial services” for “pretrial service agencies”.
Subsec. (a)(12). Pub. L. 97–267, § 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, § 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, § 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, § 3(b), (c), added pars. (13) to (16). Former par. (13) redesignated (17).
Subsec. (a)(17). Pub. L. 95–539, § 3(b), redesignated former par. (13) as (17).
Subsec. (f). Pub. L. 95–598, § 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, § 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, § 201(a), substituted “United States magistrates” for “United States Commissioners”.
Subsecs. (d), (e). Pub. L. 90–578 § 201(b), added subsecs. (d) and (e).
1967—Subsec. (a)(7). Pub. L. 90–219, § 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, § 203(b), inserted “, the Federal Judicial Center,” after “courts”.
Subsec. (a)(10), (11). Pub. L. 90–219, § 203(c), inserted “, the Federal Judicial Center,” after “courts”.
1956—Subsec. (a)(7). Act
“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 (§ 631 et seq.) of this title.
Pub. L. 111–8, div. D, title III, § 307(c),
Pub. L. 110–177, title V, § 502(c),
Amendment by section 503 of Pub. L. 102–572 effective
Amendment by section 902(b)(1) of Pub. L. 102–572 effective
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
Amendment by section 402(a) of Pub. L. 100–702 effective
Amendment by Pub. L. 100–659 effective
Amendment by Pub. L. 99–554 effective 30 days after
Amendment by Pub. L. 96–523 effective sixty days after
Amendment by Pub. L. 96–458 effective
Amendment by Pub. L. 95–598 effective
Amendment by Pub. L. 95–539 effective
Amendment by Pub. L. 90–578 effective
For termination, effective
Pub. L. 109–115, div. A, title IV, § 407(c),
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.
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
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:
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.
1967—Pub. L. 90–206, title II, § 213(b),
Section 213(b) of Pub. L. 90–206 effective as of the beginning of the first pay period which begins on or after
1966—Pub. L. 89–504, title II, § 202(b),
Provision effective first day of first pay period which begins on or after
1965—Pub. L. 89–301, § 12(b),
1964—Pub. L. 88–426, title IV, § 402(b),
1962—Pub. L. 87–793, title VI, § 1004(b),
1960—Pub. L. 86–568, title I, § 116(b),
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, § 3(b),
1955—Act June 28, 1955, ch. 189, § 3(b), 69 Stat. 175, provided that:
1951—Act Oct. 24, 1951, ch. 554, § 1(d), 65 Stat. 613, provided that:
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, § 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, § 401 (part), 65 Stat. 596).
Increases in rates of basic compensation fixed pursuant to subsec. (a)(5) of this section, see notes under section 603 of this title.
Pub. L. 87–139, § 6,