June 6, 1930, ch. 409, 46 Stat. 522; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736).

Section consolidates first sentence of section 577 with section 578a of title 28, U. S. C., 1940 ed., with changes Other of phraseology necessary to effect consolidation. provisions of said section 577 are incorporated in section 1929 of this title.

The qualification that payments of witness fees or costs be made upon "order of court," contained in said section 577 of title 28, U. S. C., 1940 ed., was omitted as obsolete and suitable reference was made to sections 1825 and 1871 of this title under which payments are now made on certificates of attendance.

Section 578a of title 28, U. S. C., 1940 ed., is rewritten in simplified terms without change of substance. The proviso of such section 578a, prohibiting the collection of fees from the United States, was omitted as covered by section 2412 of this title, providing that the United States should be liable only for fees when such liability is expressly provided by Congress.

The provision of section 578a of title 28, U. S. C., 1940 ed., requiring that fees and emoluments collected by the marshal shall be deposited by him in accordance with the provisions of section 495 of title 31, U. S. C., 1940 ed., Money and Finance, was omitted as said section 495 governs such deposits without implementation in this section.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Justice and all functions of all agencies and employees of the Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. United States marshals are offcers in the Department of Justice.

§ 552. Salaries of marshals, deputies and assistants.

The Attorney General shall fix the salaries of United States marshals and their deputies and clerical assistants. (June 25, 1948, ch. 646, 62 Stat. 912.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $579, 582, and 583 (May 28, 1896, ch. 252, §§ 10, 11, 24, 29 Stat. 182, 186; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 4, 1911, ch. 269, 36 Stat. 1355; June 1, 1922, ch. 204, title II, 42 Stat. 615; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1029).

Section consolidates parts of sections 579, 582, and 583 of title 28, U. S. C., 1940 ed.

Sections 579 and 583 of title 28, U. S. C., 1940 ed., provided for specific amounts as compensation for marshals and their field deputies.

According to Department of Justice interpretations, sections 579 and 583, of title 28, U. S. C., 1940 ed., have been superseded by section 678 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees, providing for adjustment of compensation by heads of departments. Accordingly this section leaves to the Attorney General the power to fix salaries for marshals, deputies, and clerical assistants. For provisions with respect to classified civil service, see sections 631-684 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees.

This section extends the salary fixing power of the Attorney General to the marshals and their deputies. Section 582 of title 28, U. S. C., 1940 ed., referred only to office deputies and clerical assistants.

Section 578b of title 28, U. S. C., 1940 ed., providing merely that United States marshals shall be paid for their services, was omitted as unnecessary.

Other provisions of sections 579, 582, and 583 of title 28, U. S. C., 1940 ed., are incorporated in sections 508 and 553 of this title.

CROSS REFERENCES

Virgin Islands, compensation of necessary court officers, see section 1405y of Title 48, Territories and Insular Possessions.

8553. Expenses of marshals.

Under regulations promulgated by the Attorney General, each United States marshal shall be allowed: (1) His actual and necessary office expenses; (2) The necessary travel expense incurred in serving process and orders of court within his district;

(3) His expense of travel and subsistence and that of his deputies away from their respective official stations on official business, including a mileage allowance, not to exceed 12 cents per mile for use of privately owned automobiles or airplanes together with the actual cost of parking fees, ferry fares and bridge, road and tunnel tolls, in lieu of actual expense of transportation whenever such mode of transportation is authorized or approved as more advantageous for the government;

(4) The expense of transporting prisoners, including the cost of necessary guards and the travel and subsistence expense of prisoners and guards;

(5) Other necessary expenditures in line of duty, approved by the Attorney General. (June 25, 1948, ch. 646, 62 Stat. 912; May 24, 1949, ch. 139, § 72, 63 Stat. 100; Aug. 4, 1955, ch. 550, 69 Stat. 522; Aug. 14, 1961, Pub. L. 87-139, § 5, 75 Stat. 340.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U.S.C., 1940 ed., §§ 574, 576, 582, 583, 584, 584a, 585, and 587 (R. S. §§ 823, 829; Aug. 18, 1894, ch. 301, § 1, 28 Stat. 416; May 28, 1896, ch. 252, §§ 6, 10, 11, 12, 14, 24, 29 Stat. 179, 182, 183, 186; June 6, 1900, ch. 791, § 1, 31 Stat. 639; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 4, 1911, ch. 269, 36 Stat. 1355; July 19, 1919, ch. 24, § 1, 41 Stat. 209; June 1, 1922, ch. 204, title II, 42 Stat. 615; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1083; May 28, 1924, ch. 204, title II, 43 Stat. 220; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1029; Apr. 29, 1926, ch. 195, title II, 44 Stat. 345; May 29, 1930, ch. 356, 46 Stat. 486; Aug. 3, 1935, ch. 431, § 2, 49 Stat. 513; Apr. 27, 1938, ch. 180, title II, § 1, 52 Stat. 267; June 29, 1939, ch. 248, title II, 53 Stat. 900; May 14, 1940, ch. 189, title III, 54 Stat. 204; June 28, 1941, ch. 258, title III, 55 Stat. 295; July 2, 1942, ch. 472, title II, 56 Stat. 486; July 1, 1943, ch. 182, title II, § 1, 57 Stat. 286; June 28, 1944, ch. 294, 58 Stat. 410; May 21, 1945, ch. 129, title II, 59 Stat. 183).

This section consolidates provisions of sections 574, 576, 582, 583, 584, 584a, 585 and 587 of title 28, U. S. C., 1940 ed. For distribution of other provisions of such sections, see Distribution Table.

Sections 582 and 583 of title 28, U. S. C., 1940 ed., related to expenses of deputies and not of marshals. Inasmuch as section 550 of this title provides for payment of such expenses by marshals, this section is worded to allow them to marshals.

The Chief of the Division of Accounts in the Department of Justice advises that marshals' travel is governed entirely by regulations promulgated by the Attorney General pursuant to section 827 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees. This section is consistent with such regulations and with sections 73b and 821-833 of said title 5. Changes were made in phraseology.

AMENDMENTS

1961-Subd. (3). Pub. L. 87-139 increased the mileage allowance from 10 to 12 cents per mile and authorized reimbursement for the actual cost of parking fees. 1955 Subd. (3). Act Aug. 4, 1955, increased mileage allowance from 7 cents to 10 cents per mile. 1949 Subd. (3). Act May 24, 1949, added "including a mileage ⚫ for the government".

MILEAGE ALLOWANCE

Act June 19, 1948, ch. 504, 62 Stat. 484, which provided mileage allowance for marshals and their deputies, was

repealed by section 142 of act May 24, 1949, and is now covered by this section.

CROSS REFERENCES

Virgin Islands, administrative expenses of district court, see section 1405y of Title 48, Territories and Insular Possessions.

§ 554. Delivery of prisoners to successor.

Each United States marshal shall deliver to his successor all prisoners in his custody. (June 25, 1948, ch. 646, 62 Stat. 913.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 507 (R. S. § 790).

Provision in section 507 of title 28, U. S. C., 1940 ed., that the marshal might retain prisoners until his successor was appointed and qualified, was omitted as superfluous. Changes were made in phraseology.

§ 555. Delivery of unserved process to successor.

All unserved process remaining in the hands of a United States marshal or his deputies shall be delivered to his successor. When a deputy marshal resigns or is removed he shall deliver to the marshal all process in his hands. (June 25, 1948, ch. 646, 62 Stat. 913.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 508 (Mar. 3, 1899, ch. 427, § 1, 30 Stat. 1237).

The phrase "upon request" in section 508 of title 28, U. S. C., 1940 ed., was deleted in two places since it should be the unqualified duty of any process server to turn over all process in his hands upon termination of his commission.

Changes were made in phraseology.

§ 556. Practice of law restricted.

A United States marshal or deputy marshal shall not practice law in any court of the United States. (June 25, 1948, ch. 646, 62 Stat. 913.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 395 and 396 (Mar. 3, 1911, ch. 231, §§ 273, 274, 36 Stat. 1164).

Section consolidates parts of sections 395 and 396 of title 28, U. S. C., 1940 ed. Similar provisions in said sections, relating to clerks, are incorporated in section 955 of this title.

The revised section substitutes, as simpler and more appropriate, the prohibition against practice of law "in any court of the United States" for the more involved language of section 395 of title 28, U. S. C., 1940 ed., which provided that no clerks or marshals, deputies, or assistants within the district for which appointed "shall act as solicitor, proctor, attorney or counsel, in any cause depending in any of said courts, or in any district for which he is acting as such officer."

Provisions of section 396 of title 28, U. S. C., 1940 ed., for striking the name of an offender from the roll of attorneys and for recommendation of dismissal, were omitted as unnecessary and as covered by section 541 of this title.

Changes were made in phraseology.

1959-Pub. L. 86-370 substituted "Deputy Director" for "Assistant Director".

EFFECTIVE DATE of 1959 AMENDMENT Amendment of section by Pub. L. 86-370 effective Sept. 23, 1959, see note set out under section 1105 of Title 5, Executive Departments and Government Officers and Employees.

REFERENCE TO ASSISTANT DIRECTOR DEEMED REFERENCE TO DEPUTY DIRECTOR

Section 5(a)(4) of Pub. L. 86-370 provided that: "Whenever the Assistant Director of the Administrative Office of the United States Courts is referred to in any other law, such reference shall be deemed to be to the Deputy Director of the Administrative Office of the United States Courts."

CONTINUATION OF LAW EXISTING ON SEPT. 1, 1948 Section 2 (b) of act June 25, 1948, provided that: "The provisions of title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act, with respect to the organization of each of the several courts therein provided for and of the Administrative Office of the United States Courts, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and

of the United States attorneys and marshals and their deputies and assistants, in office on the effective date of this Act [Sept. 1, 1948], shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of title 28, as set out in section 1 of this Act, pursuant to his prior appointment: Provided, however, That each circuit court of appeals shall, as in said title 28 set out, hereafter be known as a United States court of appeals. No loss of rights, interruption of jurisdiction, or prejudice to matters pending in any of such courts on the effective date of this Act shall result from its enactment."

§ 602. Employees.

The Director, subject to the civil service laws, may appoint necessary employees of the Administrative Office. (June 25, 1948, ch. 646, 62 Stat. 913.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 445 (Mar. 3, 1911, ch. 231, § 303, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223).

This section contains provisions in section 445 of title 28, U. S. C., 1940 ed., for appointment of employees.

Words "with the approval of the Supreme Court" were omitted to relieve the court of the burden of approving appointments which in practice should properly be made by the Director under the supervision of the Judicial Conference of the United States.

The remainder of section 445 of title 28, U. S. C., 1940 ed., is incorporated in sections 603 and 607 of this title. Changes were made in phraseology.

REFERENCES IN TEXT

The civil-service laws, referred to in the text, are classified generally to Title 5, Executive Departments and Government Officers and Employees.

EMPLOYMENT OF EXPERTS OR CONSULTANTS; RATES Section 5(b) of Pub. L. 86-370, Sept. 23, 1959, 73 Stat. 652, provided that: "The Director of the Administrative Office of the United States Courts, may, in accordance with the provisions of section 15 of the Administrative Expenses Act of 1946 [section 55a of Title 5, Executive Departments and Government Officers and Employees], procure the temporary or intermittent services of experts or consultants at rates not in excess of $75 per diem."

§ 603. Salaries.

The Director shall receive a salary of $27,000 a year. The Deputy Director shall receive a salary of $26,000 a year.

The Director shall fix the compensation of Administrative Office employees according to the Classification Act of 1949. (June 25, 1948, ch. 646, 62 Stat. 913; Oct. 15, 1949, ch. 695, §§ 5 (b), 6 (b), 63 Stat. 881; Oct. 31, 1951, ch. 655, § 43 (b), 65 Stat. 725; Sept. 23, 1959, Pub. L. 86–370, § 5(a) (1), 73 Stat. 652; Aug. 14, 1964, Pub. L. 88-426, title IV, § 403 (g), 78 Stat. 434.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 444, 445 (Mar. 3, 1911, ch. 231, §§ 302, 303, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223).

This section consolidates parts of title 28, U. S. C., 1940 ed., §§ 444, 445. The remainder of said sections are incorporated in sections 601, 602, 606, 607, and 608 of this title.

The figure "$9,376.50" was substituted for "$7,500" as the salary of the Assistant Director in conformity with section 934 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees. Changes were made in phraseology.

SENATE REVISION AMENDMENT

The [now former] figure, "$7,500," with respect to salary of the Assistant Director, was restored by Senate amendment. See 80th Congress Senate Report No. 1559, amendments Nos. 15 and 65.

36-500 0-65—vol. 7- -8

REFERENCES IN TEXT

The Classification Act of 1949, referred to in the text, is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1964- Pub. L. 88-426 substituted "$27,000 for "$15,000 and "$26,000" for "$12,500."

1959-Pub. L. 86-370 substituted "Deputy Director" for "Assistant Director".

1951-Act Oct. 31, 1951, substituted reference in second paragraph to the Classification Act of 1949 for reference to former Classification Act of 1923.

1949-Act Oct. 15, 1949, increased the compensation of the Director from $10,000 to $15,000 per annum and the Assistant Director from $7,500 to $12,500 per annum.

EFFECTIVE Date of 1964 AMENDMENT

Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-370 effective Sept. 23, 1959, see note set out under section 1105 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE Date of 1949 AMENDMENT

The increased compensation provided for by act Oct. 15, 1949, took effect on the first day of the first pay period which began after Oct. 15, 1949, by the provisions of section 9 of act Oct. 15, 1949, which is set out as a note under section 273 of Title 2, The Congress.

1964 INCREASE IN COMPENSATION RATES Section 402 (a) of Pub. L. 88-426, title IV, Aug. 14, 1964, 78 Stat. 433, provided that: "The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a) (2)), section 3656 of title 18, United States Code, the third sentence of section 603, sections 672 to 675, inclusive, or section 604 (a) (5), of title 28, United States Code, insofar as the latter section applies to graded positions, are hereby increased by amounts reflecting the respective applicable increases provided by title I of this Act [see Short Title note under section 1113 of Title 5] in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 21 of Title 5]. The rates of basic compensation of officers and employees holding ungraded positions and whose salaries are fixed pursuant to section 604(a) (5) [section 604 (a) (5) of this title] may be increased by the amounts reflecting the respective applicable increases provided by title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 21 of Title 5]."

1962 INCREASE IN COMPENSATION RATES Section 1004(a) of Pub. L. 87-793, Oct. 11, 1962, 76 Stat. 866, provided that: "The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a) (2)), section 3656 of title 18 of the United States Code, the third sentence of section 603, section 604 (a) (5), or section 672 to 675 inclusive, of title 28 of the United States Code, or section 107(a) (6) of the Act of July 31, 1956, as amended (5 U.S.C. 2206(a) (6)), 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 [see Effective Date of 1962 Amendment note under section 1105 of Title 5] in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 21 of Title 5]."

1960 INCREASE IN COMPENSATION RATES Section 116(a) of Pub. L. 86-568, title I, July 1, 1960, 74 Stat. 303, provided that: "The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a) (2)), section 3656 of title 18 of the United States Code, the third sentence of section 603, section 604(a)(5), or sections 672 to 675, inclusive, of title 28 of the United States Code, or section 107(a)(6) of the Act of July 31, 1956, as amended (5 U.S.C. 2206(a)(6)), are hereby increased by amounts equal to the increases provided by section 612 [112] of this part [amending section 1113(b) of Title 5] in corresponding rates of compensation paid to officers and employees subject to the Classification Act of 1949, as amended (chapter 21 of Title 5]."

For effective date of Pub. L. 86-568, see note under section 1113 of Title 5.

1960 INCREASE IN COMPENSATION RATES INAPPLICABLE TO DEPUTY DIRECTOR

Section 302(d) of Pub. L. 87-367, title III, Oct. 4, 1961, 75 Stat. 793, provided that: "On and after the effective date of this subsection, section 116(a) of the Federal Employees Salary Increase Act of 1960 (Part B of the Act of July 1, 1960; 74 Stat. 303; Public Law 86-568) [set out as a note under this section] shall not be applicable with respect to the Deputy Director of the Administrative Office of the United States Courts."

1958 INCREASE IN COMPENSATION RATES

Pub. L. 85-462, § 3 (a), June 20, 1958, 72 Stat. 207, provided that: "The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. (a) (2)), section 3656 of title 18 of the United States Code, the third sentence of section 603, section 604 (a) (5), or sections 672 to 675 inclusive, of title 28 of the United States Code are hereby increased by amounts equal to the increases provided by section 2 of this Act in corresponding rates of compensation paid to officers and employees subject to the Classification Act of 1949, as amended [chapter 21 of Title 5]."

Section 2 of this Act, referred to above, amended section 1113 (b) of Title 5, Executive Departments and Government Officers and Employees, to increase compensation rates as described in the note under section 1113 of Title 5.

For effective date of Pub. L. 85-462, see note under section 1113 of Title 5.

1955 INCREASE IN COMPENSATION RATES

Act June 28, 1955, ch. 189, § 3 (a), 69 Stat. 175, provided that: "The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C., sec. 102(a) (2)), section 3656 of title 18 of the United States Code, the second and third sentences of section 603, section 604(a)(5), or sections 672 to 675, inclusive, of title 28 of the United States Code are hereby increased by amounts equal to the increases provided by section 2 of this Act in corresponding rates of compensation paid to officers and employees subject to the Classification Act of 1949, as amended [chapter 21, of Title 5]."

For effective date of act June 28, 1955, see notes under section 1113 of Title 5.

INITIAL ADJUSTMENT OF 1955 PAY INCREASES Initial adjustment of rates of pay of employees affected by act June 28, 1955, referred to in the immediately preceding note, see note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

1951 INCREASE IN COMPENSATION RATES

Act Oct. 24, 1951, ch. 554, § 1 (c), 65 Stat. 613, provided that: "The rates of basic compensation of officers and

employees in or under the judicial branch of the Government whose rates of compensation are fixed pursuant to section 62(2) of the Bankruptcy Act (11 U.S.C. § 102(a) (2)), section 3656 of title 18 of the United States Code the second and third sentences of section 603, section 604 (5), or sections 672 to 675, inclusive, of title 28 of the United States Code, or who are appointed pursuant to section 792 (b) of title 28 of the United States Code, are hereby increased by amounts equal to the increases provided by subsections (a) and (b) in corresponding rates of compensation paid to officers and employees subject to the Classification Act of 1949 [chapter 21 of Title 5]". Subsec. (a) of section 1 of the act, referred to above, amended section 1113 (b) (c) of Title 5, Executive Departments and Government Officers and Employees, to increase compensation rates as described in note under section 1113, and subsec. (b) of the Act, also referred to above, is set out in note under section 1113.

For effective date of act Oct. 24, 1951, and persons entitled thereunder to retroactive compensation, see, also, notes under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

INITIAL ADJUSTMENT OF 1951 PAY INCREASES Initial adjustment of rates of pay of employees affected by act Oct. 24, 1951, referred to in the immediately preceding note, see note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

REFERENCE TO ASSISTANT DIRECTOR DEEMED REFERENCE TO DEPUTY DIRECTOR

References in any other law to Assistant Director of the Administrative Office of the United States Courts deemed to be reference to the Deputy Director of the Administrative Office of the United States Courts, see note set out under section 601 of this title.

§ 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 quarterly 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;

(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 Commissioners;

(7) Regulate and pay annuities to widows and surviving dependent children of judges and neces

sary travel and subsistence expenses incurred by judges, court officers and employees, and officers and employees of the Administrative Office, while absent from their official stations on official business.

(8) Disburse, directly or through the several United States marshals, moneys appropriated for the maintenance and operation of the courts;

(9) Purchase, exchange, transfer, distribute, and assign the custody of law books, equipment and supplies needed for the maintenance and operation of the courts and the Administrative Office and the offices of United States Commissioners;

(10) Audit vouchers and accounts of the courts and their clerical and administrative personnel; (11) Provide accommodations for the courts and their clerical and administrative personnel;

(12) 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. (June 25, 1948, ch. 646, 62 Stat. 914; Aug. 3, 1956, ch. 944, § 3, 70 Stat. 1026.)

LEGISLATIVE HISTORY

Reviser's Note.-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.