Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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title: "28 U.S.C. § 601"
description: "Creation; Director and Deputy Director"
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title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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chapter_name: "ADMINISTRATIVE OFFICE OF UNITED STATES COURTS"
section: "601"
citation: "28 U.S.C. § 601"
status: "current"
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---
# 28 U.S.C. § 601 - Creation; Director and Deputy Director
## Text
The Administrative Office of the United States Courts shall be maintained at the seat of government. It shall be supervised by a Director and a Deputy Director appointed and subject to removal by the Chief Justice of the United States, after consulting with the Judicial Conference. The Director and Deputy Director shall be deemed to be officers for purposes of title 5, United States Code.
(June 25, 1948, ch. 646, 62 Stat. 913; Pub. L. 86370, § 5(a)(1), Sept. 23, 1959, 73 Stat. 652; Pub. L. 101650, title III, § 307, Dec. 1, 1990, 104 Stat. 5112; Pub. L. 104317, title VI, § 602, Oct. 19, 1996, 110 Stat. 3857.)
## Notes
Historical and Revision NotesBased 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 part of section 444 of title 28, U.S.C., 1940 ed. The remainder of said section 444 is incorporated in sections 603, 606 and 608 of this title. Changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104317 inserted at end “The Director and Deputy Director shall be deemed to be officers for purposes of title 5, United States Code.” 1990—Pub. L. 101650 substituted “Chief Justice of the United States, after consulting with the Judicial Conference” for “Supreme Court”. 1959—Pub. L. 86370 substituted “Deputy Director” for “Assistant Director”.
Statutory Notes and Related Subsidiaries
Effective Date of 1959 AmendmentAmendment by Pub. L. 86370 effective Sept. 23, 1959, see section 7(a) of Pub. L. 86370.
Veterans Preference in Judicial Branch AppointmentsPub. L. 105339, § 4(d), Oct. 31, 1998, 112 Stat. 3186, provided that: “(1) In general.—Subject to paragraphs (2) and (3), the Judicial Conference of the United States shall prescribe procedures to provide for—“(A) veterans preference in the consideration of applicants for employment, and in the conduct of any reductions in force, within the judicial branch; and “(B) redress for alleged violations of any rights provided for under subparagraph (A). “(2) Procedures.—Under the procedures, a preference eligible (as defined by section 2108 of title 5, United States Code) shall be afforded preferences in a manner and to the extent consistent with preferences afforded to preference eligibles in the executive branch. “(3) Exclusions.—Nothing in the procedures shall apply with respect to an applicant or employee—“(A) whose appointment is made by the President with the advice and consent of the Senate; “(B) whose appointment is as a judicial officer; “(C) whose appointment is required by statute to be made by or with the approval of a court or judicial officer; or “(D) whose appointment is to a position, the duties of which are equivalent to those of a Senior Executive Service position (within the meaning of section 3132(a)(2) of title 5, United States Code). “(4) Definitions.—For purposes of this subsection, the term judicial officer means a justice, judge, or magistrate judge listed in subparagraph (A), (B), (F), or (G) of section 376(a)(1) of title 28, United States Code. “(5) Submission to congress; effective date.—“(A) Submission to congress.—Not later than 12 months after the date of enactment of this Act [Oct. 31, 1998], the Judicial Conference of the United States shall submit a copy of the procedures prescribed under this subsection to the Committee on Government Reform and Oversight [now Committee on Oversight and Accountability] and the Committee on the Judiciary of the House of Representatives and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] and the Committee on the Judiciary of the Senate. “(B) Effective date.—The procedures prescribed under this subsection shall take effect 13 months after the date of enactment of this Act.”
Reference to Assistant Director Deemed Reference to Deputy DirectorPub. L. 86370, § 5(a)(4), Sept. 23, 1959, 73 Stat. 652, 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, 1948Act June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, 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.”
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# 28 U.S.C. § 605 - Budget estimates
## Text
The Director, under the supervision of the Judicial Conference of the United States, shall submit to the Office of Management and 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 Office of Management and Budget, by the Judicial Conference of the United States, except that the estimate with respect to the Court of International Trade shall be approved by such court and the estimate with respect 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. 87253, § 3, Sept. 19, 1961, 75 Stat. 521; Pub. L. 96417, title V, § 501(14), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97164, title I, § 119(a), Apr. 2, 1982, 96 Stat. 33; Pub. L. 97258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.)
## Notes
Historical and Revision NotesBased 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 AmendmentThose provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments1982—Pub. L. 97258 struck out paragraph which had provided that budget estimates 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. See section 1105(b) of Title 31, Money and Finance. Pub. L. 97164 substituted “Office of Management and Budget” for “Bureau of the Budget” wherever appearing 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. 96417 redesignated the Customs Court as the Court of International Trade. 1961—Pub. L. 87253 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 periodic actuarial examinations to be made of the judicial survivors annuity fund and shall report the actuarys findings and recommendations to the Judicial Conference. 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 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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---
# 28 U.S.C. § 606 - Duties of Deputy Director
## Text
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 Directors office is vacant.
(June 25, 1948, ch. 646, 62 Stat. 915; Pub. L. 86370, § 5(a)(1), Sept. 23, 1959, 73 Stat. 652.)
## Notes
Historical and Revision NotesBased 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.
Editorial Notes
Amendments1959—Pub. L. 86370 substituted “Deputy Director” for “Assistant Director”.
Statutory Notes and Related Subsidiaries
Effective Date of 1959 AmendmentAmendment by Pub. L. 86370 effective Sept. 23, 1959, see section 7(a) of Pub. L. 86370.
Reference to Assistant Director Deemed Reference to Deputy DirectorReferences 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.
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# 28 U.S.C. § 607 - Practice of law prohibited
## Text
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.)
## Notes
Historical and Revision NotesBased 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.
@@ -0,0 +1,39 @@
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# 28 U.S.C. § 608 - Seal
## Text
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.)
## Notes
Historical and Revision NotesBased 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.
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# 28 U.S.C. § 609 - Courts appointive power unaffected
## Text
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.)
## Notes
Historical and Revision NotesBased 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 Generals 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.
@@ -0,0 +1,57 @@
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# 28 U.S.C. § 610 - Courts defined
## Text
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 United States Court of Federal Claims, and the Court of International Trade.
(June 25, 1948, ch. 646, 62 Stat. 915; Oct. 31, 1951, ch. 655, § 44, 65 Stat. 725; Pub. L. 85508, § 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 95598, title II, § 226, Nov. 6, 1978, 92 Stat. 2665; Pub. L. 96417, title V, § 501(15), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97164, title I, § 120(a), Apr. 2, 1982, 96 Stat. 33; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Historical and Revision NotesBased 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. 1223). Words “and the United States Court for China” were omitted. See revisers 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 revisers 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 revisers 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. [See Senate Revision Amendment below.] Changes in arrangement and phraseology were made.
Senate Revision AmendmentThose provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments1992—Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Pub. L. 97164 substituted “the United States Claims Court” for “the Court of Claims, the Court of Customs and Patent Appeals”. 1980—Pub. L. 96417 redesignated the Customs Court as the Court of International Trade. 1978—Pub. L. 95598 directed the amendment of section by substituting “, district courts, and bankruptcy courts” for “and district courts”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1958—Pub. L. 85508 struck out provisions which included District Court for Territory of Alaska within definition of court. See section 81A of this 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Termination of United States District Court for the District of the Canal Zone For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 9670, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
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# 28 U.S.C. § 611 - Retirement of Director
## Text
(a) The Director may, by written election filed with the Chief Justice of the United States within 6 months after the date on which he takes office, waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retirement System) or chapter 84 of title 5 (the Federal Employees Retirement System), whichever is applicable, and bring himself within the purview of this section. A Director who elects coverage under this section shall be deemed an “employee” for purposes of chapter 84 of title 5, subchapter III, regardless of whether he has waived the coverage of chapter 83, subchapter III, or chapter 84. Waiver of coverage under chapter 83, subchapter III, and election of this section shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure retirement credit under chapter 83 for service as Director by depositing with interest the amount required by section 8334 of title 5. A Director who waives coverage under chapter 84 and elects this section may secure retirement credit under chapter 84 for service as Director by depositing with interest 1.3 percent of basic pay for service from January 1, 1984, through December 31, 1986, and the amount referred to in section 8422(a) of title 5, for service after December 31, 1986. Interest shall be computed under section 8334(e) of title 5.
(b) Upon the retirement of a Director who has elected coverage under this section and who has at least fifteen years of service and has attained the age of sixty-five years the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement.Upon the retirement of a Director who has elected coverage under this section and who has at least ten years of service, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service.
(c) A Director who has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has at least fifteen years of service, or equal to that proportion of 80 percentum of such salary that the aggregate number of years of his service bears to fifteen if he has less than fifteen years of service, but in no event less than 50 per centum of such salary.
(d) For the purpose of this section, “service” means service, whether or not continuous, as Director of the Administrative Office of the United States Courts, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives, or a civilian official appointed by the President, by and with the advice and consent of the Senate.
(e) Each annuity payable under this section shall be increased by the same percentage amount and effective on the same date as annuities payable under chapter 83 of title 5, are increased as provided by section 8340 of title 5.
(Added Pub. L. 90219, title II, § 201(a), Dec. 20, 1967, 81 Stat. 668; amended Pub. L. 100702, title X, §§ 1004(a), 1006(a)(1), Nov. 19, 1988, 102 Stat. 4665, 4666; Pub. L. 106518, title III, § 301(a), Nov. 13, 2000, 114 Stat. 2416.)
## Notes
Editorial Notes
Amendments2000—Subsec. (b). Pub. L. 106518, § 301(a)(2), substituted “who has at least fifteen years of service and has” for “who has served at least fifteen years and” in first par. and “who has at least ten years of service,” for “who has served at least ten years,” in second par. Subsec. (c). Pub. L. 106518, § 301(a)(3), substituted “at least fifteen years of service,” for “served at least fifteen years,” and “less than fifteen years of service,” for “served less than fifteen years,”. Subsec. (d). Pub. L. 106518, § 301(a)(1), inserted “a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives,” after “Congress,”. 1988—Subsec. (a). Pub. L. 100702, § 1006(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Director may, by written election filed with the Chief Justice of the United States within six months after the date on which he takes office, waive coverage under subchapter III (relating to civil service retirement) of chapter 83, Title 5, United States Code, and bring himself within the purview of this section. Such waiver and election shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section 8334 of title 5, United States Code.” Subsec. (e). Pub. L. 100702, § 1004(a), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentPub. L. 100702, title X, § 1004(b), Nov. 19, 1988, 102 Stat. 4666, provided that: “The amendments made by this section [amending this section and section 627 of this title] shall apply to cost-of-living increases that go into effect on or after the date of enactment of this title [Nov. 19, 1988] with respect to any annuity being paid or becoming payable on or after such date.” Pub. L. 100702, title X, § 1006(b), Nov. 19, 1988, 102 Stat. 4667, provided that: “The amendments made by this section [amending this section and section 627 of this title] shall apply to persons holding the offices of Director of the Administrative Office of the United States Courts, Director of the Federal Judicial Center, and Administrative Assistant to the Chief Justice on the date of enactment of this title [Nov. 19, 1988].”
Retroactive EffectPub. L. 90219, title II, § 205, Dec. 20, 1967, 81 Stat. 669, provided that: “(a) Except as provided in subsection (b), the amendments made by this title [enacting this section and amending sections 376 and 604 of this title], insofar as they relate to retirement and survivorship benefits of the Director of the Administrative Office of the United States Courts, shall be applicable only with respect to persons first appointed to such office after the date of enactment of this Act [Dec. 20, 1967]. “(b) The provisions of section 611(a), the first paragraph of section 611(b), and section 376(s), of title 28, United States Code, as added by such amendments, shall be applicable to a Director or former Director of the Administrative Office of the United States Courts who was first appointed prior to the date of enactment of this Act [Dec. 20, 1967] if at the time such Director or former Director left or leaves such office he had, or shall have, attained the age of sixty-five years and completed fifteen years of service as Director of the Administrative Office of the United States Courts and if, on or before the expiration of six months following the date of enactment of this Act [Dec. 20, 1967], he makes the election referred to in section 611(a) or section 376(s), or both, as the case may be.”
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title: "28 U.S.C. § 613"
description: "Disbursing and certifying officers"
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title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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chapter_name: "ADMINISTRATIVE OFFICE OF UNITED STATES COURTS"
section: "613"
citation: "28 U.S.C. § 613"
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# 28 U.S.C. § 613 - Disbursing and certifying officers
## Text
(a) Disbursing Officers.— The Director may designate in writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than the Supreme Court, to be disbursing officers in such numbers and locations as the Director considers necessary. Such disbursing officers shall—
(1) disburse moneys appropriated to the judicial branch and other funds only in strict accordance with payment requests certified by the Director or in accordance with subsection (b);
(2) examine payment requests as necessary to ascertain whether they are in proper form, certified, and approved; and
(3) be held accountable for their actions as provided by law, except that such a disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate for which a certifying officer is responsible under subsection (b).
(b) Certifying Officers.— (1) In general.— The Director may designate in writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than the Supreme Court, to certify payment requests payable from appropriations and funds. Such certifying officers shall be responsible and accountable for—
(A) the existence and correctness of the facts recited in the certificate or other request for payment or its supporting papers;
(B) the legality of the proposed payment under the appropriation or fund involved; and
(C) the correctness of the computations of certified payment requests.
(2) Liability.— The liability of a certifying officer shall be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. A certifying officer shall be required to make restitution to the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificates made by the certifying officer, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved.
(c) Rights.— A certifying or disbursing officer—
(1) has the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment request presented for certification; and
(2) is entitled to relief from liability arising under this section in accordance with title 31.
(d) Other Authority Not Affected.— Nothing in this section affects the authority of the courts with respect to moneys deposited with the courts under chapter 129 of this title.
(Added Pub. L. 106518, title III, § 304(a), Nov. 13, 2000, 114 Stat. 2417.)
## Notes
Statutory Notes and Related Subsidiaries
ConstructionPub. L. 106518, title III, § 304(c), Nov. 13, 2000, 114 Stat. 2418, provided that: “The amendment made by subsection (a) [enacting this section] shall not be construed to authorize the hiring of any Federal officer or employee.”
Similar ProvisionsPub. L. 106553, § 1(a)(2) [title III, § 304], Dec. 21, 2000, 114 Stat. 2762, 2762A83, provided that: “(a) The Director of the Administrative Office of the United States Courts (the Director) may designate in writing officers and employees of the judicial branch of the United States Government, including the courts as defined in section 610 of title 28, United States Code, but excluding the Supreme Court, to be disbursing officers in such numbers and locations as the Director considers necessary. These disbursing officers will: (1) disburse moneys appropriated to the judicial branch and other funds only in strict accordance with payment requests certified by the Director or in accordance with subsection (b) of this section; (2) examine payment requests as necessary to ascertain whether they are in proper form, certified, and approved; and (3) be held accountable as provided by law. However, a disbursing officer will not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate for which a certifying officer is responsible under subsection (b) of this section. “(b)(1) The Director may designate in writing officers and employees of the judicial branch of the United States Government, including the courts as defined in section 610 of title 28, United States Code, but excluding the Supreme Court, to certify payment requests payable from appropriations and funds. These certifying officers will be responsible and accountable for: (A) the existence and correctness of the facts recited in the certificate or other request for payment or its supporting papers; (B) the legality of the proposed payment under the appropriation or fund involved; and (C) the correctness of the computations of certified payment requests. “(2) The liability of a certifying officer will be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. A certifying officer shall be required to make restitution to the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificates made by the certifying officer, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. “(c) A certifying or disbursing officer: (1) has the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment request presented for certification; and (2) is entitled to relief from liability arising under this section as provided by law. “(d) The Director shall disburse, directly or through officials designated pursuant to this section, appropriations and other funds for the maintenance and operation of the courts. “(e) Nothing in this section affects the authority of the courts to receive or disburse moneys in accordance with chapter 129 of title 28, United States Code. “(f) This section shall be effective for fiscal year 2001 and hereafter.”