§ 604. Duties of Director generally

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(a)The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall:

(1)Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;

(2)Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts;

(3)Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents.

(4)Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section;

(5)Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate judges retired under section 377 of this title, and judges retired under section 373 of this title, who are,1 aged 65 or over, any increases in the cost of Federal Employees’ Group Life Insurance imposed after April 24, 1999, including any expenses generated by such payments, as authorized by the Judicial Conference of the United States;

(6)Determine and pay necessary office expenses of courts, judges, and those court officials whose expenses are by law allowable, and the lawful fees of United States magistrate judges;

(7)Regulate and pay annuities to widows and surviving dependent children of justices and judges of the United States, judges of the United States Court of Federal Claims, bankruptcy judges, United States magistrate judges, Directors of the Federal Judicial Center, and Directors of the Administrative Office, and necessary travel and subsistence expenses incurred by judges, court officers and employees, and officers and employees of the Administrative Office, and the Federal Judicial Center, while absent from their official stations on official business, without regard to the per diem allowances and amounts for reimbursement of actual and necessary expenses established by the Administrator of General Services under section 5702 of title 5, except that the reimbursement of subsistence expenses may not exceed that authorized by the Director for judges of the United States under section 456 of this title;

(8)Disburse appropriations and other funds for the maintenance and operation of the courts;

(9)Establish pretrial services pursuant to section 3152 of title 18, United States Code;

(A)Purchase, exchange, transfer, distribute, and assign the custody of lawbooks, equipment, supplies, and other personal property for the judicial branch of Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17));

(B)provide or make available readily to each court appropriate equipment for the interpretation of proceedings in accordance with section 1828 of this title; and

(C)enter into and perform contracts and other transactions upon such terms as the Director may deem appropriate as may be necessary to the conduct of the work of the judicial branch of Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17)), and contracts for nonpersonal services providing pretrial services, agencies, for the interpretation of proceedings, and for the provision of special interpretation services pursuant to section 1828 of this title may be awarded without regard to section 6101(b) to

(d)of title 41;

(11)Audit vouchers and accounts of the courts, the Federal Judicial Center, the offices providing pretrial services, and their clerical and administrative personnel;

(12)Provide accommodations for the courts, the Federal Judicial Center, the offices providing pretrial services and their clerical and administrative personnel;

(13)Lay before Congress, annually, statistical tables that will accurately reflect the business transacted by the several bankruptcy courts, and all other pertinent data relating to such courts;

(14)Pursuant to section 1827 of this title, establish a program for the certification and utilization of interpreters in courts of the United States;

(15)Pursuant to section 1828 of this title, establish a program for the provision of special interpretation services in courts of the United States;

(A)In those districts where the Director considers it advisable based on the need for interpreters, authorize the full-time or part-time employment by the court of certified interpreters;

(B)where the Director considers it advisable based on the need for interpreters, appoint certified interpreters on a full-time or part-time basis, for services in various courts when he determines that such appointments will result in the economical provision of interpretation services; and

(C)pay out of moneys appropriated for the judiciary interpreters’ salaries, fees, and expenses, and other costs which may accrue in accordance with the provisions of sections 1827 and 1828 of this title;

(17)In the Director’s discretion,

(A)accept and utilize voluntary and uncompensated (gratuitous) services, including services as authorized by section 3102(b) of title 5, United States Code; and

(B)accept, hold, administer, and utilize gifts and bequests of personal property for the purpose of aiding or facilitating the work of the judicial branch of Government, but gifts or bequests of money shall be covered into the Treasury;

(18)Establish procedures and mechanisms within the judicial branch for processing fines, restitution, forfeitures of bail bonds or collateral, and assessments;

(19)Regulate and pay annuities to bankruptcy judges and United States magistrate judges in accordance with section 377 of this title and paragraphs (1)(B) and

(2)of section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988;

(20)Periodically compile—

(A)the rules which are prescribed under section 2071 of this title by courts other than the Supreme Court;

(B)the rules which are prescribed under section 358 of this title; and

(C)the orders which are required to be publicly available under section 360(b) of this title;

so as to provide a current record of such rules and orders;

(21)Establish a program of incentive awards for employees of the judicial branch of the United States Government, other than any judge who is entitled to hold office during good behavior;

(22)Receive and expend, either directly or by transfer to the United States Marshals Service or other Government agency, funds appropriated for the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress/egress control, inspection of packages, directed security patrols, and other similar activities;

(23)Regulate and pay annuities to judges of the United States Court of Federal Claims in accordance with section 178 of this title;

(24)Establish and administer a vulnerability management program in the judicial branch; and

(25)Perform such other duties as may be assigned to the Director by the Supreme Court or the Judicial Conference of the United States.

(b)The clerical and administrative personnel of the courts shall comply with all requests by the Director for information or statistical data as to the state of court dockets.

(c)Inspection of court dockets outside the continental United States may be made through United States officials residing within the jurisdiction where the inspection is made.

(d)The Director, under the supervision and direction of the conference, shall:

(1)supervise all administrative matters relating to the offices of the United States magistrate judges;

(2)gather, compile, and evaluate all statistical and other information required for the performance of his duties and the duties of the conference with respect to such officers;

(3)lay before Congress annually statistical tables and other information which will accurately reflect the business which has come before the various United States magistrate judges, including

(A)the number of matters in which the parties consented to the exercise of jurisdiction by a magistrate judge,

(B)the number of appeals taken pursuant to the decisions of magistrate judges and the disposition of such appeals, and

(C)the professional background and qualifications of individuals appointed under section 631 of this title to serve as magistrate judge;

(4)prepare and distribute a manual, with annual supplements and periodic revisions, for the use of such officers, which shall set forth their powers and duties, describe all categories of proceedings that may arise before them, and contain such other information as may be required to enable them to discharge their powers and duties promptly, effectively, and impartially.

(e)The Director may promulgate appropriate rules and regulations approved by the conference and not inconsistent with any provision of law, to assist him in the performance of the duties conferred upon him by subsection

(d)of this section. Magistrate judges shall keep such records and make such reports as are specified in such rules and regulations.

(f)The Director may make, promulgate, issue, rescind, and amend rules and regulations (including regulations prescribing standards of conduct for Administrative Office employees) as may be necessary to carry out the Director’s functions, powers, duties, and authority. The Director may publish in the Federal Register such rules, regulations, and notices for the judicial branch of Government as the Director determines to be of public interest; and the Director of the Federal Register hereby is authorized to accept and shall publish such materials.

(1)When authorized to exchange personal property, the Director may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired, but any transaction carried out under the authority of this subsection shall be evidenced in writing.

(2)The Director hereby is authorized to enter into contracts for public utility services and related terminal equipment for periods not exceeding ten years.

(A)In order to promote the recycling and reuse of recyclable materials, the Director may provide for the sale or disposal of recyclable scrap materials from paper products and other consumable office supplies held by an entity within the judicial branch.

(B)The sale or disposal of recyclable materials under subparagraph

(A)shall be consistent with the procedures provided in sections 541–555 of title 40 for the sale of surplus property.

(C)Proceeds from the sale of recyclable materials under subparagraph

(A)shall be deposited as offsetting collections to the fund established under section 1931 of this title and shall remain available until expended to reimburse any appropriations for the operation and maintenance of the judicial branch.

(4)The Director is hereby authorized:

(A)to enter into contracts for the acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year to the same extent as the head of an executive agency under the authority of section 253l 2 of title 41, United States Code;

(B)to enter into contracts for multiple years for the acquisition of property and services to the same extent as executive agencies under the authority of section 254c 2 of title 41, United States Code; and

(C)to make advance, partial, progress or other payments under contracts for property or services to the same extent as executive agencies under the authority of section 255 2 of title 41, United States Code.

(1)The Director shall, out of funds appropriated for the operation and maintenance of the courts, provide facilities and pay necessary expenses incurred by the judicial councils of the circuits and the Judicial Conference under chapter 16 of this title, including mileage allowance and witness fees, at the same rate as provided in section 1821 of this title. Administrative and professional assistance from the Administrative Office of the United States Courts may be requested by each judicial council and the Judicial Conference for purposes of discharging their duties under chapter 16 of this title.

(2)The Director of the Administrative Office of the United States Courts shall include in his annual report filed with the Congress under this section a summary of the number of complaints filed with each judicial council under chapter 16 of this title, indicating the general nature of such complaints and the disposition of those complaints in which action has been taken.

(i)Restrictions on Criminal History Inquiries.—

(1)Definitions.— In this subsection—

(A)the terms “agency” and “criminal history record information” have the meanings given those terms in section 9201 of title 5;

(B)the term “covered employee” means an employee of the judicial branch of the United States Government, other than—

(i)any judge or justice who is entitled to hold office during good behavior;

(ii)a United States magistrate judge; or

(iii)a bankruptcy judge; and

(C)the term “employing office” means any office or entity of the judicial branch of the United States Government that employs covered employees.

(2)Restriction.— A covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency.

(3)Employing office policies; complaint procedure.— The provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection.

(4)Adverse action.—

(A)Adverse action.— The Director may take such adverse action with respect to a covered employee who violates paragraph

(2)as would be appropriate under section 9204 of title 5 if the violation had been committed by an employee of an agency.

(B)Appeals.— The Director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph

(A)by not later than 30 days after the date of the action.

(C)Applicability of other laws.— Except as provided in subparagraph (B), an adverse action taken under subparagraph

(A)(including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review.

(5)Regulations to be issued.—

(A)In general.— Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Director shall issue regulations to implement this subsection.

(B)Parallel with agency regulations.— The regulations issued under subparagraph

(A)shall be the same as substantive regulations promulgated by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 except to the extent that the Director of the Administrative Office of the United States Courts may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection.

(6)Effective date.— Paragraphs

(1)through

(4)shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.

(June 25, 1948, ch. 646, 62 Stat. 914; Aug. 3, 1956, ch. 944, § 3, 70 Stat. 1026; Pub. L. 90–219, title II, § 203(a)–(c), Dec. 20, 1967, 81 Stat. 669; Pub. L. 90–578, title II, § 201, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1114, 1118; Pub. L. 92–397, § 4, Aug. 22, 1972, 86 Stat. 580; Pub. L. 93–619, title II, § 204, Jan. 3, 1975, 88 Stat. 2089; Pub. L. 95–539, §§ 3, 4, Oct. 28, 1978, 92 Stat. 2043; Pub. L. 95–598, title II, § 225, Nov. 6, 1978, 92 Stat. 2664; Pub. L. 96–82, § 5, Oct. 10, 1979, 93 Stat. 645;

Pub. L. 96–458, § 5, Oct. 15, 1980, 94 Stat. 2040; Pub. L. 96–523, § 1(c)(1), Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97–267, § 7, Sept. 27, 1982, 96 Stat. 1139; Pub. L. 99–554, title I, § 116, Oct. 27, 1986, 100 Stat. 3095; Pub. L. 100–185, § 2, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–659, § 6(a), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 100–702, title IV, § 402(a), title X, §§ 1008, 1010, 1011, 1020(a)(2), Nov. 19, 1988, 102 Stat. 4650, 4667, 4668, 4671; Pub. L. 101–474, § 5(r), Oct. 30, 1990, 104 Stat. 1101;

Pub. L. 101–647, title XXV, § 2548, Nov. 29, 1990, 104 Stat. 4888; Pub. L. 101–650, title III, §§ 306(e)(1), 321, 325(c)(1), Dec. 1, 1990, 104 Stat. 5111, 5117, 5121; Pub. L. 102–572, title V, § 503, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4513, 4516; Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 305], Nov. 29, 1999, 113 Stat. 1535, 1501A–37; Pub. L. 106–518, title II, § 204, title III, § 304(d), Nov. 13, 2000, 114 Stat. 2414, 2418; Pub. L. 107–217, § 3(g)(1), Aug. 21, 2002, 116 Stat. 1299;

Pub. L. 107–273, div. C, title I, § 11043(e), Nov. 2, 2002, 116 Stat. 1855; Pub. L. 109–115, div. A, title IV, § 407(a), Nov. 30, 2005, 119 Stat. 2470; Pub. L. 110–177, title V, § 502(a), Jan. 7, 2008, 121 Stat. 2542; Pub. L. 111–8, div. D, title III, § 307(a), Mar. 11, 2009, 123 Stat. 648; Pub. L. 111–350, § 5(g)(2), Jan. 4, 2011, 124 Stat. 3848; Pub. L. 116–92, div. A, title XI, § 1122(e), Dec. 20, 2019, 133 Stat. 1609; Pub. L. 117–263, div. E, title LIX, § 5936(a)(3), Dec. 23, 2022, 136 Stat. 3467.)

Historical and Revision Notes

Based on sections 726–1 and 726a of title 18, U.S.C., 1940 ed., Criminal Code and Criminal Procedure, and sections 1130(a)(b) and 1131 of title 26, U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C., 1940 ed., §§ 9, 128, 222a, 245, 268a, 278a, 302–306, 374b, 446, 447, 450, 544, 545, 547, 557, 558, 560, 561, 561a, 562, 563, 565, 566, 595, and 596 and sections 11–204 and 11–403, District of Columbia Code, 1940 ed. (R.S. §§ 1075, 1085; Mar. 3, 1891, ch. 517, §§ 2, 9, 26 Stat. 826, 829;

Feb. 9, 1893, ch. 74, § 4, 27 Stat. 435; July 30, 1894, ch. 172, § 1, 28 Stat. 160; Mar. 3, 1901, ch. 854, § 224, 31 Stat. 1224; June 30, 1902, ch. 1329, 32 Stat. 528; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231, § 5, 36 Stat. 1088; Mar. 3, 1911, ch. 231, § 118a, as added June 17, 1930, ch. 509, 46 Stat. 774; Mar. 3, 1911, ch. 231, § 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; Mar. 3, 1911, ch. 231, §§ 140, 163, 171, 189–193, 291, 36 Stat. 1136, 1140, 1141, 1143, 1167;

Mar. 3, 1911, ch. 231, §§ 304, 305, 308, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 26, 1919, ch. 49, §§ 1, 2, 3, 4, 5, 7, 8, 40 Stat. 1182; July 19, 1919, ch. 24, § 1, 41 Stat. 210; Nov. 4, 1919, ch. 93, § 1, 41 Stat. 338; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Feb. 22, 1921, ch. 70, § 7, 41 Stat. 1144; Mar. 4, 1921, ch. 161, 41 Stat. 1412; June 1, 1922, ch. 204, title II, 42 Stat. 616; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084;

Mar. 4, 1923, ch. 265, 42 Stat. 1488; May 28, 1924, ch. 204, title II, 43 Stat. 221; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1030; Apr. 29, 1926, ch. 195, title II, 44 Stat. 346, 347; May 21, 1928, ch. 659, 45 Stat. 645; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 16, 1930, ch. 494, 46 Stat. 589; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921; Apr. 27, 1938, ch. 180, title II, § 1, 52 Stat. 264; Feb. 10, 1939, ch. 2, §§ 1130(a)(b), 1131, 53 Stat. 162, 163;

June 29, 1939, ch. 248, title II, 53 Stat. 902; May 14, 1940, ch. 189, titles III, IV, 54 Stat. 204, 209, 210; June 28, 1941, ch. 258, title IV, 55 Stat. 300–302; July 2, 1942, ch. 472, title IV, 56 Stat. 503, 504; June 28, 1943, ch. 173, title II, § 201, 57 Stat. 242, 243; June 26, 1944, ch. 277, title II, § 201, 58 Stat. 357; Dec. 7, 1944, ch. 522, § 1, 58 Stat. 796; May 21, 1945, ch. 129, titles II, IV, 59 Stat. 184, 199; July 5, 1946, ch. 541, title IV, 60 Stat. 478, 479).

For purposes of uniformity, all provisions of law governing the regulation and allowance of office, travel, and subsistence expenses of all officers and employees of the courts, except those provisions relating to Supreme Court officers and employees, are incorporated in subsection (a)(6)(7) of this section. Likewise the provisions respecting the compensation of court officers and employees, except those of the Supreme Court, are incorporated in subsection (a)(5). In each instance the power to fix and determine such salaries and expenses is transferred to the Director of the Administrative Office of the United States Courts.

This change is in conformity with the Administrative Office Act 1939 included in this chapter.

Compensation of bailiffs however is provided by sections 713 and 755 of this title and that of court reporters by section 753 of this title.

Salaries and travel expenses of Court of Claims Commissioners are covered by section 792 of this title.

The language “and the lawful fees of United States Commissioners” in subsection (a)(6) and “the offices of the United States Commissioners” in subsection (a)(9) is new. It conforms with sections 633, 636 and 639 of this title.

Subsection (a)(5)(7) covers the provisions of section 726–1 and 726a of title 18, U.S.C., 1940 ed., which provided that probation officers’ salaries should not be less than $1,800 nor more than $3,600 per annum and their traveling expenses should not exceed more than 4 cents per mile.

Words “and officers and employees of the Administrative Office” were added in subsection (a)(7) to expressly authorize travel and subsistence expenses of such officers and employees.

The power to fix such pay and allowances is transferred to the Director as above indicated, and conforms with the Administrative Office Act of 1939. For further explanation of the general supervision of probation officers, see reviser’s note under section 3654, H. Rept. to accompany H.R. 3190 for revision of title 18, U.S.C.

Subsection (a)(8) covers the provisions of section 1131 of title 26, U.S.C. 1940 ed. Such section 1131 authorized the Tax Court, successor to the Board of Tax Appeals, to make expenditures for personal services, rent, law books, reference books, periodicals, and provided that all expenditures should be paid out of appropriations for the Tax Court, on itemized vouchers approved by the court.

Two references to “officials and employees covered by this chapter” were changed to “clerical and administrative personnel,” following the language of paragraph (a)(1), conferring general power to supervise such personnel as respects administrative matters.

Similar language was used in paragraph

(b)instead of “The clerks of the district courts, their deputies and assistants, and all other employees of said courts.”

The provisions of section 374b of title 28, U.S.C., 1940 ed., based on successive acts relating to classification and compensation of secretaries and law clerks were omitted as temporary and unnecessary in revision, in view of subsection (a)(5) of this section under which the salaries of all personnel are necessarily limited by current appropriation acts.

For increases in basic rates of compensation for other judicial officers and employees see, also, section 521 of Act June 30, 1945, ch. 212.

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

Provisions of section 11–204 of District of Columbia Code, 1940 ed., relating to appointment of clerk of the United States Court of Appeals for the District of Columbia, and deputy clerk, crier, and messenger thereof, and the provisions relating to accounting for fees, are incorporated in sections 711 and 713 of this title. Provisions of said section, requiring the clerk of such court to give bond, were omitted as covered by section 952 of this title. Provisions of said section, relating to regulation of clerk’s fees by such court were omitted so as to render uniform the method of such regulation as prescribed by section 1913 of this title, and the provisions of said section, placing a maximum of five hundred dollars per year on the office expenditures of the clerk of such court, were omitted as inconsistent with this consolidated section.

For distribution of other provisions of sections on which this section is based, see Distribution Table.

Changes were made in phraseology and arrangement.

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.

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