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., § 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.

AMENDMENTS

1956 Subsec. (a) (7). Act Aug. 3, 1956, inserted the words "annuities to widows and surviving dependent children of judges and" following the words "Regulate and pay".

COMPENSATION OF SECRETARIES AND LAW CLERKS

Pub. L. 88-527, title IV, § 401, Aug. 31, 1964, 78 Stat. 729, provided in part: "That the compensation of secretaries and law clerks of circuit and district judges shall be fixed by the Director of the Administrative Office of the United States Courts without regard to the Classification Act of 1949, as amended [chapter 21 of Title 5, Executive Departments and Government Officers and Employees] except that the salary of a secretary shall conform with that of the General Schedule grades (GS) 5, 6, 7, 8, 9, or 10, as the appointing judge shall determine, and the salary of a law clerk shall conform with that of the General Schedule grades (GS) 7, 8, 9, 10, 11, or 12, as the appointing judge shall determine, subject to review by the Judicial Conference of the United States if requested by the Director, such determination by the judge otherwise to be final: Provided further, That (exclusive of step increases corresponding with those provided for by title VII of the Classification Act of 1949, as amended [subchapter VI of chapter 21 of Title 5], and of compensation paid for temporary assistance needed because of an emergency) the aggregate salaries paid to secretaries and law clerks appointed by one judge shall not exceed $17,670 per annum, except in the case of the chief judge of each circuit and the chief judge of each district court having five or more district judges, in which case the aggregate salaries shall not exceed $23,465 per annum.”

Similar provisions were contained in acts Sept. 6, 1950, ch. 896, ch. III, title IV, § 401, 64 Stat. 631; Oct. 22, 1951, ch. 533, title IV, § 401, 65 Stat. 596; July 10, 1952, ch. 651, title IV, § 401, 66 Stat. 569; Aug. 1, 1953, ch. 304, title II, § 201, 67 Stat. 334; July 2, 1954, ch. 455, title II, § 201, 68 Stat. 410; July 7, 1955, ch. 279, title III, § 301, 69 Stat. 276; June 20, 1956, ch. 414, title III, § 301, 70 Stat. 310; June 11, 1957, Pub. L. 85-40, title III, § 301, 70 Stat, 65; Pub. L. 88-245, title IV, § 401, Dec. 30, 1963, 77 Stat. 795; Pub. L. 85-474, title III, § 301, June 30, 1958, 72 Stat. 254; Pub. L. 86-84, title III, § 301, July 13,, 1959, 73 Stat. 192; Pub. L. 86-678, title III, § 301, Aug. 31, 1960, 74 Stat. 566; Pub. L. 87-264, title III, § 301, Sept. 21, 1961, 75 Stat. 555; Pub. L. 87-843, title IV, § 401, Oct. 18, 1962, 76 Stat. 1099.

1964 INCREASE IN LIMITATIONS ON AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

Section 402(b) of Pub. L. 88-426, title IV, Aug. 14, 1964, 78 Stat. 433, provided that: "The limitation provided by applicable law on the effective date of this section [see note under section 1113 of Title 5] 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 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]." 1962 INCREASE IN LIMITATIONS ON AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

Section 1004 (b) of Pub. L. 87-793, 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 [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 LIMITATIONS ON AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

Section 116(b) of Pub. L. 86-568, title I, 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 Title 5, Executive Departments and Government Officers and Employees, amended section 753 of this title, sections 1113, 2091, 2252 and 3002 of Title 5, sections 867 and 870 of Title 22, Foreign Relations and Intercourse, and 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 Title 5, section 590h of Title 16, Conservation, and section 867 of Title 22.

1958 INCREASE IN LIMITATIONS ON AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

Pub. L. 85-462,§ 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."

Words "this Act" referred to above, means Pub. L. 85462. For compensation increases effected by section 2 of Pub. L. 85-462, effective date thereof, and persons thereunder entitled to retroactive compensation, see notes under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

1955 INCREASE IN LIMITATIONS ON AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

Act June 28, 1955, ch. 189, § 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."

Words "this Act", referred to above, mean act of June 28, 1955. For compensation increases effected by section 2 of act June 28, 1955, effective date thereof, and persons thereunder entitled to retroactive compensation, see notes under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

1951 INCREASE IN LIMITATIONS AND AGGREGATE SALARIES OF SECRETARIES AND LAW CLERKS

Act Oct. 24, 1951, ch. 554, § 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 appro

priation 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, § 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).

Words "this Act", referred to in first paragraph of this note, mean act of Oct. 24, 1951. For compensation increases effected by section 1 of act Oct. 24, 1951, effective date thereof, and persons entitled thereunder to retroactive compensation, see notes under section 1113 of Title 5, Executive Departments and Government Offcers and Employees.

1958 INCREASE 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.

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.

TRAVEL AND SUBSISTENCE EXPENSES

Section 6 of Pub. L. 87-139, 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, and section 68b of Title 2, sections 73b-2, 836, and 837 of Title 5, sections 2370, 287q, and 1471 of Title 22, and adding provisions set out as a note under section 73b-2 of Title 5]." DISTRICT OF COLUMBIA PROBATION OFFICER, REGISTER OF WILLS, AND COMMISSION ON MENTAL HEALTH Section 1 of act Aug. 2, 1949, ch. 383, 63 Stat. 491, provided that: "The office of the probation officer of the United States District Court for the District of Columbia, the office of the Register of Wills for the District of Columbia, and the Commission on Mental Health, are hereby transferred from the government of the District of Columbia to the Administrative Office of the United States Courts for budgetary and administrative purposes, and the provisions of chapter 41 of title 28, United States Code, shall apply to such offices."

DISTRICT OF COLUMBIA REGISTER OF WILLS; DISPOSITION OF FEES, ETC.; RETURNS

Pub. L. 88-241, § 21(b), Dec. 23, 1963, 77 Stat. 628, repealed section 5 of act Aug. 2, 1949, ch. 383, 63 Stat. 491, which required the Register of Wills of the District of Columbia to pay into the Treasury fees, costs, and other moneys collected by him and to make returns thereof to the Director of the Administrative Office of the United States Courts. See D.C. Code 1961 Ed., § 11-505(b) (7). CROSS REFERENCES Compensation for overtime, see section 935 of Title 5, Executive Departments and Government Officers and Employees.

Disbursement of salaries and expenses by marshals, see section 550 of this title.

Duties of Supreme Court Marshal, see section 672 of this title.

Expenses of judges, United States attorneys and marshals, see sections 456, 460, 509 and 553 of this title.

Fees of United States commissioners, see section 633 of this title.

Increase in basic compensation rates, see section 934 of Title 5, Executive Departments and Government Offcers and Employees.

National park commissioners, salaries, see section 634 of this title.

Office expenses of clerks of court, see section 961 of this title.

Supreme Court officers and employees, compensation and disbursement, see sections 671 et seq. of this title. Traveling expenses of court officers and employees, see section 962 of this title.

§605. Budget estimates.

The Director, under the supervision of the Judicial Conference of the United States, shall submit to the Bureau of the Budget annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the courts and the Administrative Office and the operation of the judicial survivors annuity fund, and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law. The Director shall cause periodic examinations of the judicial survivors annuity fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose, and whose findings and recommendations shall be transmitted by the Director to the Judicial Conference.

Such estimates shall be approved, before presentation to the Bureau of the Budget, by the Judicial Conference of the United States, except that the estimate with respect to the Customs Court shall be approved by such court.

All such estimates shall be included in the budget without revision, but subject to the recommendations of the Bureau of the Budget, as provided by section 11 of Title 31 for the estimates of the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 915; July 9, 1956, ch. 517, § 1 (e), 70 Stat. 497; Aug. 3, 1956, ch. 944, § 4, 70 Stat. 1026; Sept. 19, 1961, Pub. L. 87-253, § 3, 75 Stat. 521.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 447 (Mar. 3, 1911, ch. 231, § 305, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223).

This section contains provisions of section 447 of title 28, U. S. C., 1940 ed., relating to budget estimates. The remainder of said section 447 is incorporated in section 604 of this title.

The designation "senior circuit judges" was changed to "chief Judges of the circuits" in conformity with section 45 of this title.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1961-Pub. L. 87-253 deleted from the second paragraph the requirement that the estimate with respect to the Court of Customs and Patent Appeals be approved by such court.

1956 Act Aug. 3, 1956, inserted provision to authorize the Director to include in the budget estimates of the courts the expenditures and appropriations necessary for the operation of the judicial survivors annuity fund, and added provision that Director shall cause periodic actuarial examinations to be made of the judicial survivors annuity fund and shall report the actuary's findings and recommendations to the Judicial Conference.

Act July 9, 1956, eliminated the language "and the Court of Claims" following the words "the Customs Court" and substituted "and" for the comma following "the Court of Customs and Patents Appeals" in the second paragraph. OPERATION ESTIMATES FOR CERTAIN OFFICES IN DISTRICT OF COLUMBIA

Section 6 of act Aug. 2, 1949, ch. 383, 63 Stat. 491, provided that: "The annual estimates of expenditures and appropriations necessary for the maintenance and operation of the courts submitted by the Director of the

Administrative Office of the United States Courts shall include estimates of appropriations for the operation and maintenance of the office of the probation officer of the United States District Court for the District of Columbia, the office of the Register of Wills of the District of Columbia, and the Commission on Mental Health."

§ 606. Duties of Deputy Director.

The Deputy Director shall perform the duties assigned to him by the Director, and shall act as Director during the absence or incapacity of the Director or when the Director's office is vacant. (June 25, 1948, ch. 646, 62 Stat. 915; Sept. 23, 1959, Pub. L. 86-370, § 5(a) (1), 73 Stat. 652.)

LEGISLATIVE HISTORY

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

This section contains provisions as to duties of Assistant Director in section 444 of title 28, U. S. C., 1940 ed. The remainder of said section 444 is incorporated in sections 601, 603 and 608 of this title.

AMENDMENTS

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

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.

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

This section contains a part of section 444 of title 28, U. S. C., 1940 ed. The remainder of said section 444 is incorporated in sections 601, 603 and 606 of this title. Changes were made in phraseology.

§ 609. Courts' appointive power unaffected.

The authority of the courts to appoint their own administrative or clerical personnel shall not be limited by any provisions of this chapter. 1948, ch. 646, 62 Stat. 915.)

(June 25,

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed. § 446 (Mar. 3, 1911, ch. 231, § 304, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223).

This section contains the last clause of section 446 (1) of title 28, U. S. C., 1940 ed.

A similar provision with respect to the Attorney General's authority over United States attorneys and their assistants, and United States marshals and their deputies was omitted as unnecessary since there is nothing in this chapter that could affect such authority of the Attorney General.

For other provisions of section 446 of title 28, U. S. C., 1940 ed., see section 604 of this title.

Minor changes were made in phraseology.

§ 610. Courts defined.

As used in this chapter the word "courts" includes the courts of appeals and district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, the Court of Claims, the Court of Customs and Patent Appeals, and the Customs Court. (June 25, 1948, ch. 646, 62 Stat. 915; Oct. 31, 1951, ch. 655, § 44, 65 Stat. 725; July 7, 1958, Pub. L. 85-508, § 12 (e), 72 Stat. 348.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 450 (Mar. 3, 1911, ch. 231, § 308, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1228).

Words "and the United States Court for China" were omitted. See reviser's note under section 411 of this title.

Provisions making this chapter and sections 332 and 333 of this title expressly applicable to the Court of Appeals for the District of Columbia were omitted as covered by "courts of appeals." (See section 41 of this title and reviser's notes under such section and section 44 of this title.)

A definition of "continental United States" as "the States of the Union and the District of Columbia" is omitted as unnecessary. (See reviser's note under section 333 of this title.)

The term "district courts in the United States" in this section includes the District Court for the District of Columbia. (See section 88 of this title.)

Other provisions of section 450 of title 28, U. S. C., 1940 ed., are incorporated in sections 333 and 604 of this title.

The phrase "all other courts of the United States established by Act of Congress" was added to provide for future growth of the Federal judicial system.

Changes in arrangement and phraseology were made.

SENATE REVISION AMENDMENT

Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1958-Pub. L. 85-508 eliminated provisions which included the District Court for the Territory of Alaska See section 81A of this within the definition of court. title which establishes a United States District Court for the State of Alaska.

1951-Act Oct. 31, 1951, inserted reference to the District Court of Guam.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 FR. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

District Court of Guam, chapter as applicable, see section 1424b of Title 48, Territories and Insular Possessions. Petty offenses, trial by commissioners, see section 3401 of Title 18, Crimes and Criminal Procedure.

Rules of procedure and practice for trials of cases before commissioners, and taking of appeals, see section 3402 of Title 18, Crimes and Criminal Procedure, and rules 1 and 54 (a) (2) and (b) (4) of Title 18, Appendix.

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

§ 631. Appointment and tenure.

(a) Each district court shall appoint United States commissioners in such number as it deems advisable.

One United States commissioner may be appointed for each of the following named national parks: Big Bend, Crater Lake, Glacier, Hawaii, Isle Royale, Lassen, Mesa Verde, Mammoth Cave, Mount Rainier, Olympic, Rocky Mountain, Sequoia, Shenandoah, Yellowstone and Yosemite and may also be known as a national park commissioner. If such park extends into two or more districts, the appointment shall be made by joint action of the district courts of such districts. The national park commissioner for the Sequoia National Park shall also be the national park commissioner for Kings Canyon National Park.

Two United States commissioners may be appointed for Great Smoky Mountains National Park. One, whose jurisdiction shall be limited to the portion of the park situated in Tennessee, shall be appointed by the district court for the eastern district of Tennessee; the other, whose jurisdiction shall be limited to the portion of the park situated in North Carolina, shall be appointed by the district court for the western district of North Carolina.

Two United States commissioners may be appointed for Cumberland Gap National Historical Park. One, whose jurisdiction shall be limited to the portion of the park situated in Kentucky, shall be appointed by the District Court for the Eastern District of Kentucky; the other, whose jurisdiction shall be limited to the portion of the park situated in Tennessee and Virginia, shall be appointed by joint action of the District Courts for the Eastern District of Tennessee and the Western District of Virginia.

Each appointment shall be entered of record in the district court, and notice of such appointment shall be given at once by the clerk of such court to the Director of the Administrative Office of the United States Courts.

(b) A person holding any civil or military office or employment under the United States or who is employed by any justice or judge of the United States, shall not at the same time hold the office of United States commissioner. This subsection shall not apply to a part-time referee in bankruptcy nor shall it apply to a clerk or deputy clerk of a court of the United States whose appointment as commissioner is approved by the Director of the Administrative Office of the United States Courts, but the Director may fix the aggregate amount of compensation to be received for performing the duties of commissioner and clerk or deputy clerk.

(c) Each United States commissioner shall hold office for four years, unless sooner removed by the district court. (June 25, 1948, ch. 646, 62 Stat.

915; May 24, 1949, ch. 139, § 73, 63 Stat. 100; July 9, 1952, ch. 609, § 1, 66 Stat. 509; July 25, 1956, ch. 722, 70 Stat. 642.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 526 and 527, sections 27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5, 404c-5, and 408m of title 16, U. S. C., 1940 ed., Conservation, and section 863 of title 48, U. 8. C., 1940 ed., Territories and Insular Possessions (May 27, 1894, ch. 72, § 5, 28 Stat. 74; May 28, 1896, ch. 252, §§ 19, 20, 29 Stat. 184; Apr. 12, 1900, ch. 191, § 34, 31 Stat. 84; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Jan. 7, 1913, ch. 6, 37 Stat. 648; Aug. 22, 1914, ch. 264, § 6, 38 Stat. 700; June 30, 1916, ch. 197, § 6, 39 Stat. 245; Aug. 21, 1916, ch. 368, § 6, 39 Stat. 523; Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Apr. 25, 1928, ch. 434, § 6, 45 Stat. 460; Apr. 26, 1928, ch. 438, § 6, 45 Stat. 464; Mar. 2, 1929, ch. 583, § 6, 45 Stat. 1538; Apr. 19, 1930, ch. 200, § 6, 46 Stat. 228; June 25, 1935, ch. 309, § 1, 49 Stat. 422; Aug. 19, 1937, ch. 703, § 5, 50 Stat. 702; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118; June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, § 5, 56 Stat. 134; Mar. 6, 1942, ch. 151, § 5, 56 Stat. 137; Apr. 29, 1942, ch. 264, § 5, 56 Stat. 260; June 5, 1942, ch. 341, § 5, 56 Stat. 318; Dec. 28, 1945, ch. 592. 59 Stat. 659, 660; Apr. 23, 1946, ch. 202, § 1, 60 Stat. 119, 120).

Section consolidates section 526 and a portion of 527, both of title 28, U. S. C., 1940 ed., with provisions of sections 27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5, 404c-5 and 408m of title 16, U.S.C., 1940 ed., and provisions of section 863 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions, relating to appointment of United States commissioners. For other provisions of said sections see Distribution Table.

Some of the provisions of section 863 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions were retained in that title.

The provision of sections 395e, 403c-5, 404c-5, and 408m of title 16, U. S. C., 1940 ed., for appointment of the Park Commissioner in the Hawaii National Park, Shenandoah National Park, Great Smoky Mountains National Park, Mammoth Cave National Park and Isle Royale National Park upon "the recommendation of the Secretary of the Interior" was omitted as inconsistent not only with other provisions of this title but with other statutes applicable to other national parks.

All such park commissioners are United States commissioners and the revision of these sections makes possible uniformity and consistency in administrative matters concerning such commissioners. (See, also, sections 604 and 634 of this title.)

Words "the Director of the Administrative Office of the United States Courts" were substituted for "Attorney General" in section 526 of title 28, U. S. C., 1940 ed., in view of the general supervision by the Director over clerks and commissioners under section 601 et seq. of this title.

See, also, section 751 of this title prohibiting clerks from receiving compensation in another capacity.

First sentence of subsection (b) was substituted for the provision in section 527 of title 28, U. S. C., 1940 ed., prohibiting specified persons from acting as commissioners. Words "at such places in the district as may be designated by the district court," in section 526 of title 28, U. S. C., 1940 ed., were omitted as unnecessary.

A provision in section 526 of title 28, U. S. C., 1940 ed., that commissioners should have the same powers and duties as are conferred and imposed by law, was omitted as superfluous.

The phrase in sections 526 and 527 of title 16, U. S. C., 1940 ed., "except as provided in section 591" and section 591, the effect of which was to except Alaska from this section, were omitted as unnecessary. This revised section by its terms limits the section and chapter 43 of this title to commissioners appointed by a "district court," which includes the courts enumerated in chapter 5 of this title but not those of Alaska, Canal Zone, or Virgin Islands. Sections from title 16, U. S. C., 1940 ed., contained no tenure provisions.

Changes in phraseology were made.

SENATE REVISION AMENDMENT

By Senate amendment, "Big Bend" and "Crater Lake" were inserted in subsection (a) of this section, and section 158a of title 16, U. S. C., which was derived from act May 15, 1947, ch. 55, § 1, 61 Stat. 91, accordingly became an additional source of this section, such Act being included in the schedule of repeals. See 80th Congress Senate Report No. 1559.

As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which amended section 403c-5 of title 16, U. S. C., became an additional source of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1956 Subsec. (a). Act July 25, 1956, provided for two United States Commissioners for the Cumberland Gap National Historical Park.

1952 Subsec. (a). Act July 9, 1952, provided for two United States Commissioners for the Great Smoky Mountains National Park, in place of one.

1949 Subsec. (b). Act May 24, 1949, inserted in last sentence "part-time" preceding "referee" and "but the Director deputy clerk" preceding the period.

JURISDICTIONAL LIMITATION OF COMMISSIONER HOLDING OFFICE ON JULY 9, 1952

Section 2 of act July 9, 1952, provided that: "The jurisdiction of the United States commissioner holding office as commissioner of the Great Smoky Mountains National Park on the date of enactment of this Act shall be limited to the portion of the park situated in North Carolina." SPECIAL COMMISSIONER FOR GRAND CANYON NATIONAL PARK; APPOINTMENT; JURISDICTION; COMPENSATION Pub. L. 86-258, Sept. 14, 1959, 73 Stat. 546, provided: "That the United States District Court for the District of Arizona shall appoint a special commissioner for the Grand Canyon National Park, Arizona. The commissioner shall hold office for four years, unless sooner removed by the district court, and he shall be subject to the general laws and requirements applicable to United States commissioners.

"SEC. 2. The jurisdiction of the commissioner in adjudicating cases brought before him shall be limited to the trial, and sentencing upon conviction, of persons charged with the commission of those misdemeanors classified as petty offenses (18 U.S.C. 1) relating to the violation of Federal laws or regulations applicable within the park: Provided, That any person charged with a petty offense may elect to be tried in the district court of the United States; and the commissioner shall apprise the defendant of his right to make such election, but shall not proceed to try the case unless the defendant, after being so apprised, signs a written consent to be tried before the commissioner. The exercise of additional functions by the commissioner shall be consistent with and be carried out in accordance with the authority, laws, and regulations of general application to United States commissioners. The rules of procedure set forth in title 18, section 3402, of the United States Code, shall be followed in the han

dling of cases by such commissioner. The probation laws shall be applicable to persons tried by the commissioner and he shall have power to grant probation.

"SEC. 3. The commissioner shall receive an annual salary to be fixed by the district court with the approval of the Judicial Conference of the United States and shall account for all fees, fines, and costs collected by him as public moneys. He shall reside within the boundary of the park or at some place reasonably adjacent thereto designated by the Secretary of the Interior with the approval of the district court."

CROSS REFERENCES

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

§ 632. Park commissioners; jurisdiction and powers; procedure.

Each national park commissioner shall have all the jurisdiction and powers of a United States Commissioner and of a commissioner specially designated to try petty offenses within such national park pursuant to section 3401 of Title 18. He is also authorized to try and determine complaints in proceedings for penalties and forfeitures prescribed by law for violations of statutes or regulations respecting such park.

The practice and procedure for the trial of cases before national park commissioners and for taking and hearing of appeals to the district courts shall conform to rules promulgated by the Supreme Court pursuant to section 3402 of Title 18. (June 25, 1948, ch. 646, 62 Stat. 916.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5, and 408m of title 16, U. S. C., 1940 ed., Conservation (May 7, 1894, ch. 72, § 5, 28 Stat. 74; Apr. 20, 1904, ch. 1400, § 6, 33 Stat. 188; Mar. 2, 1907, ch. 2516, §§ 1, 2, 34 Stat. 1218; Mar. 3, 1911, ch. 230, 36 Stat. 1086; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, § 6, 38 Stat. 700; June 30, 1916, ch. 197, § 6, 39 Stat. 245; Aug. 21, 1916, ch. 368, § 6, 39 Stat. 523; June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733; Apr. 25, 1928, ch. 434, § 6, 45 Stat. 460; Apr. 26, 1928, ch. 438, § 6, 45 Stat. 464; Apr. 19, 1930, ch. 200, § 6, 46 Stat. 228; May 2, 1932, ch. 155, § 3, 47 Stat. 145; June 25, 1935, ch. 309, § 1, 49 Stat. 422; Aug. 19, 1937, ch. 703, §§ 5, 6, 50 Stat. 702; June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, § 5, 56 Stat. 134; Mar. 6, 1942, ch. 151, § 5, 56 Stat. 137; Apr. 29, 1942, ch. 264, § 5, 56 Stat. 260; June 5, 1942, ch. 341, § 5, 56 Stat. 318; Apr. 23, 1946, ch. 202, § 2, 60 Stat. 120; June 24, 1946, ch. 463, § 2, 60 Stat. 303).

Section consolidates provisions of sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of title 16, U. S. C., 1940 ec'., relating to jurisdiction and powers of park commissioners with necessary changes in arrangement and phraseology. For other provisions of such sections, see Distribution Table.

The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of title 16, U. S. C., 1940 ed., relating to the powers of park commissioners respecting issuance of warrants of arrest and other process were omitted and are recommended for repeal as covered by sections 3041 and 3141 of revised title 18 (H. R. 1600, 80th Cong.), and Rules 4.5 (c), and 9 of the new Federal Rules of Criminal Procedure.

Provisions in sections 27, 66, 67 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of title 18, U. S. C., 1940 ed., for arrest without warrant for violation of law or regulation within a national park were also omitted and are recommended for repeal as covered by section 3054 of revised title 18 (H. R.