-CITE-
    28 USC CHAPTER 45 - SUPREME COURT                           01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
                        CHAPTER 45 - SUPREME COURT                    

-MISC1-
    Sec.                                                     
    671.        Clerk.                                                
    672.        Marshal.                                              
    673.        Reporter.                                             
    674.        Librarian.                                            
    675.        Law clerks and secretaries.                           
    676.        Printing and binding.                                 
    677.        Administrative Assistant to the Chief Justice.        

                                AMENDMENTS                            
      1972 - Pub. L. 92-238, Sec. 2, Mar. 1, 1972, 86 Stat. 46, added
    item 677.

-End-



-CITE-
    28 USC Sec. 671                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 671. Clerk

-STATUTE-
      (a) The Supreme Court may appoint and fix the compensation of a
    clerk and one or more deputy clerks. The clerk shall be subject to
    removal by the Court. Deputy clerks shall be subject to removal by
    the clerk with the approval of the Court or the Chief Justice of
    the United States.
      [(b) Repealed. Pub. L. 92-310, title II, Sec. 206(c), June 6,
    1972, 86 Stat. 203.]
      (c) The clerk may appoint and fix the compensation of necessary
    assistants and messengers with the approval of the Chief Justice of
    the United States.
      (d) The clerk shall pay into the Treasury all fees, costs, and
    other moneys collected by him. He shall make annual returns thereof
    to the Court under regulations prescribed by it.

-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88-279, Sec. 1, Mar.
    10, 1964, 78 Stat. 158; Pub. L. 92-310, title II, Sec. 206(c), June
    6, 1972, 86 Stat. 203.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 28, U.S.C., 1940 ed., Secs. 325, 326, 327, 541 and
    542 (Feb. 22, 1875, ch. 95, Secs. 2, 3, 18 Stat. 333; Mar. 3, 1883,
    ch. 143, 22 Stat. 631; Mar. 15, 1898, ch. 68, Sec. 8, 30 Stat. 317;
    Mar. 3, 1911, ch. 231, Secs. 219, 220, 221, 291, 36 Stat. 1152,
    1153, 1167; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
      This section consolidates sections 541 and 542 of title 28,
    U.S.C., 1940 ed., with parts of sections 325, 326 and 327 of such
    title.
      The provisions in said section 325 relating to appointment of a
    marshal and reporter are incorporated in sections 672 and 673 of
    this title.
      The provisions in section 327 of title 28, U.S.C., 1940 ed.,
    relating to duties and liabilities of the clerk's deputies are
    incorporated in section 954 of this title.
      The provision of section 326 of title 28, U.S.C., 1940 ed., that
    a duly certified copy of the clerk's bond should be competent
    evidence in any court, is incorporated in section 1737 of this
    title.
      The provision that the clerk shall be subject to removal by the
    Court is new. Section 327 of title 28, U.S.C., 1940 ed., contained
    a similar provision as to deputies, but fixed no term of office for
    the clerk and made no provision for his removal. The Supreme Court
    held, in 1839, that a district judge had power to remove his clerk
    at pleasure in absence of any law fixing the clerk's tenure. In re
    Hennen, 38 U.S. 230, 13 Pet. 230, 10 L.Ed. 138. (See, also Myers v.
    U.S., 1926, 47 S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160.)
      The provision in section 326 of title 28, U.S.C., 1940 ed., that
    the clerk's bond be not less than $5,000 and not more than $20,000
    was omitted. The Supreme Court should have wide discretion in such
    administrative matters. (See Hearings before Appropriations
    Committee, House of Representatives, 78th Cong., 2d sess., on
    Judiciary Appropriation Bill for 1945, page 102.)
      A provision of section 326 of title 28, U.S.C., 1940 ed., that a
    renewed or augmented bond should be required upon the Attorney
    General's motion and after thirty days' notice was omitted. The
    manner of requiring such bond is left to the Court's discretion by
    the revised section.
      A further provision of section 326 of title 28, U.S.C., 1940 ed.,
    that the failure to furnish such renewed or augmented bond should
    vacate the clerk's office was omitted as unnecessary, since the
    clerk is removable by the Court under this section.
      The references in section 541 of title 28, U.S.C., 1940 ed., to
    return "under oath" to be made "on the 1st day of January of each
    year, or thirty days thereafter" and "on a form prescribed by the
    Attorney General", were omitted as fully covered by the revised
    language "annual returns" under "regulations prescribed by the
    Court". Verification seems unnecessary especially as clerks of the
    courts of appeals are not required to submit similar returns under
    oath (see section 711 of this title). "Court" was substituted for
    "Attorney General", since the latter's powers and functions in
    court administrative matters have been transferred to the Director
    of the Administration Office of the United States Courts. (See
    sections 604 and 607 of this title.) The Director, however,
    exercises no authority in Supreme Court matters.
      Section 542 of title 28, U.S.C., 1940 ed., provided that the
    clerk "shall not retain", out of fees received, more than $6,000
    annually above clerk hire and expenses; that the surplus should be
    paid into the Treasury. Such indirect and unusual provision is
    simplified in this section by providing that his salary shall be
    fixed by the Court. Such salary limitation is omitted as
    inconsistent with larger salaries paid other clerks of courts.
      The provisions that the Court shall fix the compensation of
    deputy clerks, and that the clerk shall fix the compensation of
    assistants and messengers with the approval of the Chief Justice,
    are new. Current appropriation Acts providing that the compensation
    of officers and employees of the Supreme Court, other than clerk
    and reporter shall be fixed by the court, unnecessarily burden the
    court with administrative details. Provision for allowance and
    approval of payments of compensation and office expenses by the
    clerk upon allowance and approval by the Chief Justice, instead of
    by the Court, was inserted with the approval of the Judicial
    Conference Committee on Revision of the Judicial Code as not
    inconsistent with section 542 of title 28, U.S.C., 1940 ed.
      References in sections 541 and 542 of title 28, U.S.C., 1940 ed.,
    to certification of expenses by the justices and for audit and
    allowances by the General Accounting Office, were omitted as
    unnecessary in view of this section.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1972 - Subsec. (b). Pub. L. 92-310 repealed subsec. (b) which
    related to bond of Clerk of Supreme Court.
      1964 - Subsec. (c). Pub. L. 88-279 struck out provision for
    disbursement by clerk of compensation of clerk, his deputies,
    assistants, and messengers and the necessary expenses of office
    from the fees collected by clerk, upon allowance and approval by
    Chief Justice of the United States.
      Subsec. (d). Pub. L. 88-279 substituted "moneys collected by him"
    for "emoluments of his office over and above his lawful
    disbursements".

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Section 4 of Pub. L. 88-279 provided that: "The amendments
    proposed in this Act [amending this section and section 672 of this
    title] shall become effective only when funds have been
    appropriated and are available to pay the salaries and other
    expenses of the clerk's office."

                              APPROPRIATIONS                          
      Section 3 of Pub. L. 88-279 provided that: "There are hereby
    authorized to be appropriated annually such sums as are necessary
    to carry out the provisions of this Act [amending this section and
    section 672 of this title]."

-End-



-CITE-
    28 USC Sec. 672                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 672. Marshal

-STATUTE-
      (a) The Supreme Court may appoint a marshal, who shall be subject
    to removal by the Court, and may fix his compensation.
      (b) The marshal may, with the approval of the Chief Justice of
    the United States, appoint and fix the compensation of necessary
    assistants and other employees to attend the Court, and necessary
    custodial employees.
      (c) The marshal shall:
        (1) Attend the Court at its sessions;
        (2) Serve and execute all process and orders issued by the
      Court or a member thereof;
        (3) Take charge of all property of the United States used by
      the Court or its members;
        (4) Disburse funds appropriated for work upon the Supreme Court
      building and grounds under the jurisdiction of the Architect of
      the Capitol upon certified vouchers submitted by the Architect;
        (5) Disburse funds appropriated for the purchase of books,
      pamphlets, periodicals and other publications, and for their
      repair, binding, and rebinding, upon vouchers certified by the
      librarian of the Court;
        (6) Pay the salaries of the Chief Justice, associate justices,
      and all officers and employees of the Court and disburse other
      funds appropriated for disbursement, under the direction of the
      Chief Justice;
        (7) Pay the expenses of printing briefs and travel expenses of
      attorneys in behalf of persons whose motions to appear in forma
      pauperis in the Supreme Court have been approved and when counsel
      have been appointed by the Supreme Court, upon vouchers certified
      by the clerk of the Court;
        (8) Oversee the Supreme Court Police.

-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88-279, Sec. 2, Mar.
    10, 1964, 78 Stat. 158; Pub. L. 97-390, Sec. 2, Dec. 29, 1982, 96
    Stat. 1958.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 28, U.S.C., 1940 ed., Secs. 325, 331, and section
    13d of title 40, U.S.C., 1940 ed., Public Buildings, Property and
    Works (Mar. 3, 1911, ch. 231, Secs. 219, 224, 36 Stat. 1152, 1153;
    April 11, 1928, ch. 358, 45 Stat. 424; May 7, 1934, ch. 222, Sec.
    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 propriety of
    certification by the Court Librarian of vouchers for expenditures
    for the library. (See reviser's note under section 674 of this
    title.)
      The marshal's duties as superintendent of the Supreme Court
    building are incorporated in section 13c of title 40, U.S.C., 1940
    ed.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1982 - Subsec. (c)(8). Pub. L. 97-390 added par. (8).
      1964 - Subsec. (c)(6). Pub. L. 88-279, Sec. 2(a), struck out
    "except the clerk, his deputies and employees," after "employees of
    the Court".
      Subsec. (c)(7). Pub. L. 88-279, Sec. 2(b), added par. (7).

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-279 effective upon appropriation 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.

-End-



-CITE-
    28 USC Sec. 673                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 673. Reporter

-STATUTE-
      (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 compensation of
    necessary professional and clerical assistants and other employees,
    with the approval 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 decisions of the Court for publication
    in bound volumes and advance copies in pamphlet installments.
      The reporter shall determine the quality and size of the paper,
    type, format, proofs and binding subject to the approval of the
    Court or the Chief Justice.

-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 919.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 28, U.S.C., 1940 ed., Secs. 325, 332, and 333
    (Mar. 3, 1911, ch. 231, Secs. 219, 225, 226, 36 Stat. 1152, 1153;
    July 1, 1922, ch. 267, Secs. 1, 2, 42 Stat. 816; May 29, 1926, ch.
    425, Sec. 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 Supreme Court are
    incorporated in sections 671 and 672 of this title.
      The provision as to tenure is new and is added to insure
    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 provided 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 unnecessary. (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 compensation 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, Sec. 5, 42 Stat. 818; May 29, 1926, ch. 425, Sec. 3, 44 Stat.
    678), which is omitted, but not repealed, as unnecessary in this
    revision.

-End-



-CITE-
    28 USC Sec. 674                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 674. Librarian

-STATUTE-
      (a) The Supreme Court may appoint a librarian, 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 governing the use of the library.
      (c) He shall select and acquire by purchase, gift, bequest, or
    exchange, such books, pamphlets, periodicals, microfilm and other
    processed 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.

-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 919; Pub. L. 92-310, title II,
    Sec. 206(d), June 6, 1972, 86 Stat. 203.)


-MISC1-
                       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 library staff are appointed by the
    librarian, with the approval of the Chief Justice.
      Under this section the marshal will not be required to certify to
    expenditures for some 2,000 books bought for the library each year
    but this will be the duty of the librarian.

                                AMENDMENTS                            
      1972 - Subsec. (d). Pub. L. 92-310 struck out sentence which
    required the librarian to furnish a bond.

-End-



-CITE-
    28 USC Sec. 675                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 675. Law clerks and secretaries

-STATUTE-
      The Chief Justice of the United States, and the associate
    justices of the Supreme Court may appoint law clerks and
    secretaries whose salaries shall be fixed by the Court.

-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 919.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 28, U.S.C., 1926 ed., Sec. 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 considered to be probably of a
    temporary nature. This section is consistent with other provisions
    authorizing the appointment of similar personnel for circuit and
    district 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 appropriation acts
    provide that salaries of the Court's officers 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 secretaries to circuit
    and district judges.
      Changes were made in phraseology.

-End-



-CITE-
    28 USC Sec. 676                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 676. Printing and binding

-STATUTE-
      (a) The printing and binding for the Supreme Court, including the
    printing and binding of individual 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 appropriation 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
    number 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 Justice of the United
    States, in lieu of compliance by the Public Printer 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 person, organization, or agency, as the Supreme Court or
    the Chief Justice of the United States may designate.

-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 919; May 24, 1949, ch. 139, Sec.
    74, 63 Stat. 100; Oct. 31, 1951, ch. 655, Sec. 45, 65 Stat. 725.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

                                 1948 ACT                             
      Based on title 28, U.S.C., 1940 ed., Sec. 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 subsection (a) of
    section 676 of title 28, U.S.C.

                                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".

-End-



-CITE-
    28 USC Sec. 677                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART III - COURT OFFICERS AND EMPLOYEES
    CHAPTER 45 - SUPREME COURT

-HEAD-
    Sec. 677. Administrative Assistant to the Chief Justice

-STATUTE-
      (a) The Chief Justice of the United States may appoint an
    Administrative Assistant 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 Administrative
    Assistant 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 Administrative Assistant
    may elect to bring himself within the same retirement program
    available to the Director of the Administrative 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 section 611.
      (b) The Administrative Assistant, with the approval of the Chief
    Justice, may appoint and fix the compensation of necessary
    employees. The Administrative Assistant and his employees shall be
    deemed employees of the Supreme Court.
      (c)(1) Notwithstanding section 1342 of title 31, the
    Administrative Assistant, with the approval of the Chief Justice,
    may accept voluntary personal services to assist with public and
    visitor programs.
      (2) No person may volunteer personal services under this
    subsection unless the person has first agreed, in writing, to waive
    any claim against the United States arising out of or in connection
    with such services, other than a claim under chapter 81 of title 5.
      (3) No person volunteering personal services under this
    subsection shall be considered an employee of the United States for
    any purpose other than for purposes of - 
        (A) chapter 81 of title 5; or
        (B) chapter 171 of this title.

      (4) In the administration of this subsection, the Administrative
    Assistant shall ensure that the acceptance of personal services
    shall not result in the reduction of pay or displacement of any
    employee of the Supreme Court.

-SOURCE-
    (Added Pub. L. 92-238, Sec. 1, Mar. 1, 1972, 86 Stat. 46; amended
    Pub. L. 105-233, Sec. 1, Aug. 13, 1998, 112 Stat. 1535.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-233 added subsec. (c).

-End-