28 U.S.C. § 605 — Budget estimates

Page 288 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 605 chapter 53 of Title 5, Government Organization and Employees].’’ Provision effective first day of first pay period which begins on or after July 1, 1966, see section 203 of Pub. L. 89–504, set out as a note under section 603 of this title. 1965—Pub. L. 89–301, § 12(b), Oct. 29, 1965, 79 Stat. 1122, provided that: ‘‘The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby in- creased by amounts which reflect the respective appli- cable increases provided by section 2(a) of this Act [amending section 1113(b) of former Title 5, Executive Departments and Government Officers and Employees] in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees].’’ 1964—Pub. L. 88–426, title IV, § 402(b), Aug. 14, 1964, 78 Stat. 433, provided that: ‘‘The limitation provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by amounts which reflect the respective ap- plicable increases provided by the title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees].’’ 1962—Pub. L. 87–793, title VI, § 1004(b), Oct. 11, 1962, 76 Stat. 866, provided that: ‘‘The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by two amounts, the first amount to be effec- tive for the period beginning as of the first day of the first pay period which begins on or after the date of en- actment of this Act [Oct. 11, 1962], and ending imme- diately 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 in- creases provided by title II of this part in cor- responding rates of compensation for officers and em- ployees subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees].’’ 1960—Pub. L. 86–568, title I, § 116(b), July 1, 1960, 74 Stat. 303, provided that: ‘‘The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by the amounts necessary to pay the addi- tional basic compensation provided by this part.’’ Words ‘‘this part’’, referred to above, means Part B of Pub. L. 86–568, which enacted section 932e of former Title 5, Executive Departments and Government Offi- cers and Employees, amended section 753 of this title, sections 1113, 2091, 2252 and 3002 of former Title 5, sec- tions 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), June 20, 1958, 72 Stat. 207, provided that: ‘‘The limitations of $13,485 and $18,010 with respect to the aggregate salaries payable to secre- taries and law clerks of circuit and district judges, con- tained in the paragraph designated ‘‘Salaries of sup- porting personnel’’ in the Judiciary Appropriation Act, 1958 (71 Stat. 65; Public Law 85–49), or any subsequent appropriation Act, shall be increased by the amounts necessary to pay the additional basic compensation provided by this Act.’’ 1955—Act June 28, 1955, ch. 189, § 3(b), 69 Stat. 175, pro- vided 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 SUP- PORTING PERSONNEL’ in the Judiciary Appropriation Act, 1955 (Public Law 470, Eighty-third Congress), or in any subsequent appropriation Act, shall be increased by the amounts necessary to pay the additional basic compensation provided by this Act.’’ 1951—Act Oct. 24, 1951, ch. 554, § 1(d), 65 Stat. 613, pro- vided 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 ‘Miscella- neous salaries’ in the Judiciary Appropriation Act, 1951 (Public Law 759, Eighty-first Congress), or in any sub- sequent appropriation Act, shall be increased by the amounts necessary to pay the additional basic com- pensation provided by this Act.’’ The particular paragraph of the ‘‘Judiciary Appro- priation Act, 1951 (Public Law 759, Eighty-first Con- gress)’’, referred to above, is act Sept. 6, 1950, ch. 896, ch. III, title IV, § 401 (part), 64 Stat. 631. The salary lim- itations 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 COMPENSATION RATES Increases in rates of basic compensation fixed pursu- ant to subsec. (a)(5) of this section, see notes under sec- tion 603 of this title. TRAVEL AND SUBSISTENCE EXPENSES Pub. L. 87–139, § 6, Aug. 14, 1961, 75 Stat. 340, provided that: ‘‘The Director of the Administrative Office of the United States Courts shall promulgate, in accordance with section 604(a)(7) and section 456 of title 28 of the United States Code, such regulations as he may deem necessary to effectuate the increases provided by this Act [amending section 553 of this title, former Title 5, Executive Departments and Government Officers and Employees, and sections 237o, 287q, and 1471 of Title 22, Foreign Relations and Intercourse].’’ § 605. Budget estimates The Director, under the supervision of the Ju- dicial Conference of the United States, shall submit to the Office of Management and Budget annual estimates of the expenditures and appro- priations necessary for the maintenance and op- eration of the courts and the Administrative Of- fice and the operation of the judicial survivors annuity fund, and such supplemental and defi- ciency 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 em- ployed by another department of the Govern- ment temporarily assigned for the purpose, and whose findings and recommendations shall be transmitted by the Director to the Judicial Con- ference. Such estimates shall be approved, before pres- entation to the Office of Management and Budg- et, by the Judicial Conference of the United States, except that the estimate with respect to the Court of International Trade shall be ap- proved by such court and the estimate with re- spect to the United States Court of Appeals for the Federal Circuit shall be approved by such 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; Pub. L. 87–253, § 3, Sept. 19, 1961, 75 Page 289 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 609 Stat. 521; Pub. L. 96–417, title V, § 501(14), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, § 119(a), Apr. 2, 1982, 96 Stat. 33; Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.) HISTORICAL AND REVISION NOTES 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 sec- tion 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. Editorial Notes AMENDMENTS 1982—Pub. L. 97–258 struck out paragraph which had provided that budget estimates be included in the budg- et without revision, but subject to the recommenda- tions of the Bureau of the Budget, as provided by sec- tion 11 of Title 31 for the estimates of the Supreme Court. See section 1105(b) of Title 31, Money and Fi- nance. Pub. L. 97–164 substituted ‘‘Office of Management and Budget’’ for ‘‘Bureau of the Budget’’ wherever appear- ing and inserted requirement that the estimate of the expenditures and appropriations necessary for the maintenance and operation of the United States Court of Appeals for the Federal Circuit be approved by such court. 1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade. 1961—Pub. L. 87–253 struck out from 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 inserted provision that Director shall cause peri- odic actuarial examinations to be made of the judicial survivors annuity fund and shall report the actuary’s findings and recommendations to the Judicial Con- ference. Act July 9, 1956, struck out ‘‘and the Court of Claims’’ after ‘‘the Customs Court’’ and substituted ‘‘and’’ for the comma after ‘‘the Court of Customs and Patents Appeals’’ in second par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. § 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; Pub. L. 86–370, § 5(a)(1), Sept. 23, 1959, 73 Stat. 652.) HISTORICAL AND REVISION NOTES 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 As- sistant 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. Editorial Notes AMENDMENTS 1959—Pub. L. 86–370 substituted ‘‘Deputy Director’’ for ‘‘Assistant Director’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–370 effective Sept. 23, 1959, see section 7(a) of Pub. L. 86–370. 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. § 607. Practice of law prohibited An officer or employee of the Administrative Office shall not engage directly or indirectly in the practice of law in any court of the United States. (June 25, 1948, ch. 646, 62 Stat. 915.) HISTORICAL AND REVISION NOTES 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 the last paragraph of title 28, U.S.C., 1940 ed., § 445. The remainder of said section is incorporated in sections 602 and 603 of this title. Changes were made in phraseology. § 608. Seal The Director shall use a seal approved by the Supreme Court. Judicial notice shall be taken of such seal. (June 25, 1948, ch. 646, 62 Stat. 915.) HISTORICAL AND REVISION NOTES 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 in- corporated 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. (June 25, 1948, ch. 646, 62 Stat. 915.) HISTORICAL AND REVISION NOTES 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).