28 U.S.C. § 674 — Librarian

Page 321 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 674 (8) Oversee the Supreme Court Police. (June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88–279, § 2, Mar. 10, 1964, 78 Stat. 158; Pub. L. 97–390, § 2, Dec. 29, 1982, 96 Stat. 1958.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 325, 331, and sec- tion 13d of title 40, U.S.C., 1940 ed., Public Buildings, Property and Works (Mar. 3, 1911, ch. 231, §§ 219, 224, 36 Stat. 1152, 1153; April 11, 1928, ch. 358, 45 Stat. 424; May 7, 1934, ch. 222, § 4, 48 Stat. 668). This section consolidates part of section 325 of title 28, U.S.C., 1940 ed., with section 331 of such title and section 13d of title 40, U.S.C., 1940 ed. Provisions of section 325 of title 28, U.S.C., 1940 ed., relating to appointment of clerk and reporter of the Supreme Court are incorporated in sections 671 and 673 of this title. Provision of section 331 of title 28, U.S.C., 1940 ed., fixing the marshal’s salary at ‘‘not to exceed $5,500 per annum’’ was omitted and the court given authority to fix the salary in conformity with sections 671 and 673 of this title relating to the clerk and the reporter. Part of subsection (c)(5) is new. It recognizes the pro- priety of certification by the Court Librarian of vouch- ers for expenditures for the library. (See reviser’s note under section 674 of this title.) The marshal’s duties as superintendent of the Su- preme Court building are incorporated in section 13c of title 40, U.S.C., 1940 ed. Changes were made in phraseology. Editorial Notes AMENDMENTS 1982—Subsec. (c)(8). Pub. L. 97–390 added par. (8). 1964—Subsec. (c)(6). Pub. L. 88–279, § 2(a), struck out ‘‘except the clerk, his deputies and employees,’’ after ‘‘employees of the Court’’. Subsec. (c)(7). Pub. L. 88–279, § 2(b), added par. (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–279 effective upon appro- priation and availability of funds to pay salaries and other expenses of the clerk’s office, see section 4 of Pub. L. 88–279, set out as a note under section 671 of this title. APPROPRIATIONS Annual appropriations to carry out amendment of this section by Pub. L. 88–279, see section 3 of Pub. L. 88–279, set out as a note under section 671 of this title. § 673. Reporter (a) The Supreme Court may appoint and fix the compensation of a reporter of its decisions who shall be subject to removal by the Court. (b) The reporter may appoint and fix the com- pensation of necessary professional and clerical assistants and other employees, with the ap- proval of the Court or the Chief Justice of the United States. (c) The reporter shall, under the direction of the Court or the Chief Justice, prepare the deci- sions of the Court for publication in bound vol- umes and advance copies in pamphlet install- ments. The reporter shall determine the quality and size of the paper, type, format, proofs and bind- ing subject to the approval of the Court or the Chief Justice. (June 25, 1948, ch. 646, 62 Stat. 919.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 325, 332, and 333 (Mar. 3, 1911, ch. 231, §§ 219, 225, 226, 36 Stat. 1152, 1153; July 1, 1922, ch. 267, §§ 1, 2, 42 Stat. 816; May 29, 1926, ch. 425, § 1, 44 Stat. 677). This section consolidates sections 332 and 333 of title 28, U.S.C., 1940 ed., with part of section 325 of such title. Provisions of section 325 of title 28, U.S.C., 1940 ed., relating to appointment of clerk and marshal of the Su- preme Court are incorporated in sections 671 and 672 of this title. The provision as to tenure is new and is added to in- sure consistency with other revised sections relating to tenure of court officers. The provisions of section 333 of title 28, U.S.C., 1940 ed., fixing the reporter’s salary at $8,000 per annum were omitted and the Court given authority to fix the salary in conformity with sections 671 and 672 of this title relating to the clerk and the marshal. Provisions of section 333 of title 28, U.S.C., 1940 ed., for allowance of stationery, supplies, equipment, and office rent are omitted as obsolete. Offices are now pro- vided in the Supreme Court building and supplies are furnished by the marshal. The last sentence of section 333 of title 28, U.S.C., 1940 ed., relating to the payment of the reporter’s expenses from appropriation for the Supreme Court, was omitted as surplusage. The revised section makes specific the implied power to fix the compensation of the reporter’s assistants. The provision in section 332 of title 28, U.S.C., 1940 ed., authorizing the Public Printer to do the printing referred to in such section, was omitted as unneces- sary. (See section 111 of title 44, U.S.C., 1940 ed., Public Printing and Documents.) Authority for making an appropriation to carry into effect the provisions of this section relating to com- pensation and allowances of the reporter, compensation of his assistants, and preparation of the decisions of the Supreme Court for publication, is contained in section 336 of title 28, U.S.C., 1940 ed. (Acts July 1, 1922, ch. 267, § 5, 42 Stat. 818; May 29, 1926, ch. 425, § 3, 44 Stat. 678), which is omitted, but not repealed, as unnecessary in this revision. § 674. Librarian (a) The Supreme Court may appoint a librar- ian, whose salary it shall fix, and who shall be subject to removal by the Court. (b) The librarian shall, with the approval of the Chief Justice, appoint necessary assistants and fix their compensation and make rules gov- erning the use of the library. (c) He shall select and acquire by purchase, gift, bequest, or exchange, such books, pam- phlets, periodicals, microfilm and other proc- essed copy as may be required by the Court for its official use and for the reasonable needs of its bar. (d) The librarian shall certify to the marshal for payment vouchers covering expenditures for the purchase of such books and other material, and for binding, rebinding and repairing the same. (June 25, 1948, ch. 646, 62 Stat. 919; Pub. L. 92–310, title II, § 206(d), June 6, 1972, 86 Stat. 203.) HISTORICAL AND REVISION NOTES This section gives statutory recognition to the office of librarian. For many years the Court has appointed its librarian directly through the Chief Justice, rather than through the marshal. Other members of the li- brary staff are appointed by the librarian, with the ap- proval of the Chief Justice. Under this section the marshal will not be required to certify to expenditures for some 2,000 books bought for Page 322 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 675 the library each year but this will be the duty of the li- brarian. Editorial Notes AMENDMENTS 1972—Subsec. (d). Pub. L. 92–310 struck out sentence which required the librarian to furnish a bond. § 675. Law clerks and secretaries The Chief Justice of the United States, and the associate justices of the Supreme Court may appoint law clerks and secretaries whose sala- ries shall be fixed by the Court. (June 25, 1948, ch. 646, 62 Stat. 919.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1926 ed., § 328 (June 1, 1922, ch. 204, title II, 42 Stat. 614; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1081; May 28, 1924, ch. 204, title II, 43 Stat. 218; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1028). Section is derived from Appropriation Acts for fiscal years cited in the credits. It was omitted from the 1934 and 1940 editions of the U.S. Code because it was con- sidered to be probably of a temporary nature. This sec- tion is consistent with other provisions authorizing the appointment of similar personnel for circuit and dis- trict judges. The 1942 appropriation act (July 2, 1942, ch. 472, title IV, 56 Stat. 501) made provision for ‘‘all other officers and employees, whose compensation shall be fixed by the Court, except as otherwise provided by law and who may be assigned by the Chief Justice to any office or work of the Court.’’ The salary limitation of $3,600 was omitted and the Court authorized to fix law clerks’ salaries. Current ap- propriation acts provide that salaries of the Court’s of- ficers and employees, except the clerk and reporter, shall be fixed by the Court. See section 711 et seq. and section 751 et seq., of this title, relating to appointment of law clerks and secre- taries to circuit and district judges. Changes were made in phraseology. § 676. Printing and binding (a) The printing and binding for the Supreme Court, including the printing and binding of in- dividual copies, advance pamphlet installments, and bound volumes, of its decisions, whether requisitioned or ordered by the Court or any of its officers or by any other office or agency, and whether paid for by, or charged to the appropria- tion for, the Court or any other office or agency, shall be done by the printer or printers whom the Court or the Chief Justice of the United States may select, unless it shall otherwise order. (b) Whenever advance pamphlet installments and bound volumes of the Court’s decisions are printed by a private printer, an adequate num- ber of copies for distribution in accordance with the requirements of section 411 of this title and for sale to the public shall be provided and made available for these purposes in such manner and at such prices as may be determined from time to time by the Supreme Court or the Chief Jus- tice of the United States, in lieu of compliance by the Director of the Government Publishing Office and the Superintendent of Documents with the requirements of sections 411 and 412 of this title with respect to such copies. Pending distribution or sale, such copies shall be the property of the United States and shall be held in the custody of the marshal or such other per- son, organization, or agency, as the Supreme Court or the Chief Justice of the United States may designate. (June 25, 1948, ch. 646, 62 Stat. 919; May 24, 1949, ch. 139, § 74, 63 Stat. 100; Oct. 31, 1951, ch. 655, § 45, 65 Stat. 725; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 354 (Feb. 27, 1925, ch. 364, title II, 43 Stat. 1028; Apr. 29, 1926, ch. 195, title II, 44 Stat. 344; Feb. 24, 1927, ch. 189, title II, 44 Stat. 1194; Feb. 15, 1928, ch. 57, title II, 45 Stat. 79; Jan. 25, 1929, ch. 102, title II, 45 Stat. 1109; Apr. 18, 1930, ch. 184, title II, 46 Stat. 188; Feb. 23, 1931, ch. 280, title II, 46 Stat. 1323; July 1, 1932, ch. 361, title II, 47 Stat. 490; Mar. 1, 1933, ch. 144, title II, 47 Stat. 1382; Apr. 7, 1934, ch. 104, title II, 48 Stat. 539). The section was expanded to include the printing and binding of the official edition of the court’s decisions, thus making possible an economy in the expenditure of Government funds by having the printing and binding done by the same printer. Subsection (b) of the revised section was supplied to conform to sections 411 and 412 of this title. 1949 ACT This section corrects a grammatical error in sub- section (a) of section 676 of title 28, U.S.C. Editorial Notes AMENDMENTS 1951—Subsec. (b). Act Oct. 31, 1951, inserted ‘‘of this title’’ in two places. 1949—Subsec. (a). Act May 24, 1949, inserted ‘‘whom’’ between ‘‘printers’’ and ‘‘the Court’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in subsec. (b) on author- ity of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Docu- ments. § 677. Counselor to the Chief Justice (a) The Chief Justice of the United States may appoint a Counselor who shall serve at the pleasure of the Chief Justice and shall perform such duties as may be assigned to him by the Chief Justice. The salary payable to the Coun- selor shall be fixed by the Chief Justice at a rate which shall not exceed the salary payable to the Director of the Administrative Office of the United States Courts. The Counselor may elect to bring himself within the same retirement program available to the Director of the Admin- istrative Office of the United States Courts, as provided by section 611 of this title, by filing a written election with the Chief Justice within the time and in the manner prescribed by sec- tion 611. (b) The Counselor, with the approval of the Chief Justice, may appoint and fix the com- pensation of necessary employees. The Coun- selor and his employees shall be deemed employ- ees of the Supreme Court. (c)(1) Notwithstanding section 1342 of title 31, the Counselor, with the approval of the Chief