28 U.S.C. § 631

Historical and Revision Notes

Act1948

section 863 of title 48May 27, 1894, ch. 72, § 5 28 Stat. 74 May 28, 1896, ch. 252 29 Stat. 184 Apr. 12, 1900, ch. 191, § 34 31 Stat. 84 Mar. 2, 1901, ch. 814 31 Stat. 956 Mar. 3, 1911, ch. 231, § 291 36 Stat. 1167 Jan. 7, 1913, ch. 6 37 Stat. 648 Aug. 22, 1914, ch. 264, § 6 38 Stat. 700 June 30, 1916, ch. 197, § 6 39 Stat. 245 Aug. 21, 1916, ch. 368, § 6 39 Stat. 523 Mar. 2, 1917, ch. 145, § 41 39 Stat. 965 June 2, 1920, ch. 218 41 Stat. 733 Mar. 4, 1921, ch. 161, § 1 41 Stat. 1412 Dec. 13, 1926, ch. 6, § 1 44 Stat. 919 Apr. 25, 1928, ch. 434, § 6 45 Stat. 460 Apr. 26, 1928, ch. 438, § 6 45 Stat. 464 Mar. 2, 1929, ch. 583, § 6 45 Stat. 1538 Apr. 19, 1930, ch. 200, § 6 46 Stat. 228 June 25, 1935, ch. 309, § 1 49 Stat. 422 Aug. 19, 1937, ch. 703, § 5 50 Stat. 702 Mar. 26, 1938, ch. 51, § 2 52 Stat. 118 June 25, 1938, ch. 684, § 1 52 Stat. 1164 June 28, 1938, ch. 778, § 1 52 Stat. 1213 Mar. 4, 1940, ch. 40, § 2 54 Stat. 43 Mar. 6, 1942, ch. 150, § 5 56 Stat. 134 Mar. 6, 1942, ch. 151, § 5 56 Stat. 137 Apr. 29, 1942, ch. 264, § 5 56 Stat. 260 June 5, 1942, ch. 341, § 5 56 Stat. 318 Dec. 28, 1945, ch. 592 59 Stat. 659 Apr. 23, 1946, ch. 202, § 1 60 Stat. 119 Based on title 28, U.S.C., 1940 ed., §§ 526 and 527, sections 27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c–5, 403h–5, 404c–5, and 408m of title 16, U.S.C., 1940 ed., Conservation, and , U.S.C., 1940 ed., Territories and Insular Possessions (, ; , §§ 19, 20, ; , ; , ; , ; , ; , ; , ; , ; , ; , §§ 7, 8, ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , , 660; , , 120).

section 863 of title 48Section consolidates section 526 and a portion of 527, both of title 28, U.S.C., 1940 ed., with provisions of sections 27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c–5, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., and provisions of , U.S.C., 1940 ed., Territories and Insular Possessions, relating to appointment of United States commissioners. For other provisions of said sections see Distribution Table.

section 863 of title 48Some of the provisions of , U.S.C., 1940 ed., Territories and Insular Possessions were retained in that title.

The provision of sections 395e, 403c–5, 404c–5, and 408m of title 16, U.S.C., 1940 ed., for appointment of the Park Commissioner in the Hawaii National Park, Shenandoah National Park, Great Smoky Mountains National Park, Mammoth Cave National Park and Isle Royale National Park upon “the recommendation of the Secretary of the Interior” was omitted as inconsistent not only with other provisions of this title but with other statutes applicable to other national parks.

All such park commissioners are United States commissioners and the revision of these sections makes possible uniformity and consistency in administrative matters concerning such commissioners. (See, also, sections 604 and 634 of this title.)

section 526 of title 28Words “the Director of the Administrative Office of the United States Courts” were substituted for “Attorney General” in , U.S.C., 1940 ed., in view of the general supervision by the Director over clerks and commissioners under section 601 et seq. of this title.

section 751 of this titleSee, also, prohibiting clerks from receiving compensation in another capacity.

section 527 of title 28First sentence of subsection (b) was substituted for the provision in , U.S.C., 1940 ed., prohibiting specified persons from acting as commissioners.

section 526 of title 28Words “at such places in the district as may be designated by the district court,” in , U.S.C., 1940 ed., were omitted as unnecessary.

section 526 of title 28A provision in , U.S.C., 1940 ed., that commissioners should have the same powers and duties as are conferred and imposed by law, was omitted as superfluous.

The phrase in sections 526 and 527 of title 16, U.S.C., 1940 ed., “except as provided in section 591” and section 591, the effect of which was to except Alaska from this section, were omitted as unnecessary. This revised section by its terms limits the section and chapter 43 of this title to commissioners appointed by a “district court,” which includes the courts enumerated in chapter 5 of this title but not those of Alaska, Canal Zone, or Virgin Islands.

Sections from title 16, U.S.C., 1940 ed., contained no tenure provisions.

Changes in phraseology were made.

Prior residence requirement for national park commissioners in section 635Aug. 19, 1937, ch. 703, § 8 50 Stat. 702 June 28, 1938, ch. 778, § 1 52 Stat. 1213 .—Based on sections 1a and 403c–9 of title 16, U.S.C., 1940 ed., Conservation (, ; , ).

section 403c–9 of title 16Section consolidates section 1a with part of , U.S.C., 1940 ed., relating to residence of a national park commissioner.

The provisions of sections 1a and 403c–9 of title 16, U.S.C., 1940 ed., relating to designation by the Secretary of the Interior of some place of residence reasonably adjacent to the park was modified by making such designation subject to the approval of the appointing court.

Senate Revision Amendment

section 158a of title 16act May 15, 1947, ch. 55, § 1 61 Stat. 91 By Senate amendment, “Big Bend” and “Crater Lake” were inserted in subsection (a) of this section, and , U.S.C., which was derived from , , accordingly became an additional source of this section, such Act being included in the schedule of repeals. See 80th Congress Senate Report No. 1559.

act May 15, 1947, ch. 57 61 Stat. 92 section 403c–5 of title 16As finally enacted, , , which amended , U.S.C., became an additional source of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559.

Act1949

June 28, 194660 Stat. 324 This amendment conforms the language of section 631(b) to the provisions of section 35 of the Bankruptcy Act, as amended by the act of (§ 3, ), that full-time referees in bankruptcy may not be appointed United States Commissioners.

April 25, 1947This amendment also removes an ambiguity from section 631(b) by making it clear that the Director of the Administrative Office of the United States Courts has power to establish maximum limits of compensation to be received for performing the combined offices of commissioner and clerk or deputy clerk. This was the intent of sections 631 and 751 of title 28. (See the fifteenth paragraph of the reviser’s note to the latter section, H. Rept. No. 308, , p. A90, to accompany H.R. 3214, 80th Cong.)

Editorial Notes

References in Text

Pub. L. 103–353, § 2(c)(1)Oct. 13, 1994108 Stat. 3169 Subsections (j) and (k) of this section, referred to in subsec. (e), probably mean subsecs. (j) and (k) prior to amendment by , (2), , , which redesignated subsec. (k) as (j) and struck out former subsec. (j).

Amendments

Pub. L. 118–312023—Subsec. (c). inserted “members of the Space Force” after “Coast Guard” second place appearing.

Pub. L. 111–174section 371(b) of this title2010—Subsec. (a). struck out “(including any judge in regular active service and any judge who has retired from regular active service under , when designated and assigned to the court to which such judge was appointed)” after “Northern Mariana Islands” in the first sentence.

Pub. L. 110–177section 371(b) of this title2008—Subsec. (a). substituted “Northern Mariana Islands (including any judge in regular active service and any judge who has retired from regular active service under , when designated and assigned to the court to which such judge was appointed) shall appoint” for “Northern Mariana Islands shall appoint”.

Pub. L. 106–518, § 201(1)2000—Subsec. (a). , substituted “The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court.” for “The judges of each United States district court and the district court of the Virgin Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial district as the conference may determine under this chapter. In the case of a magistrate appointed by the district court of the Virgin Islands, this chapter shall apply as though the court appointing such magistrate judge were a United States district court.”

Pub. L. 106–518, § 201(2)Subsec. (b)(1). , inserted “the Territory of Guam, the Commonwealth of the Northern Mariana Islands,” after “Commonwealth of Puerto Rico,”.

Pub. L. 103–353, § 2(c)1994—Subsec. (j). , redesignated subsec. (k) as (j), substituted “chapter 43 of title 38” for “the terms of subsection (i) of this section”, and struck out former subsec. (j) which related to uncompensated leave of absence for magistrate inducted into the Armed Forces and reinstatement as magistrate in regular service.

lPub. L. 103–353, § 2(c)(2)lSubsecs. (k), (). , redesignated subsecs. (k) and () as (j) and (k), respectively.

Pub. L. 101–6501990—Subsec. (f). substituted “180” for “60”.

Pub. L. 101–451989—Subsec. (b)(1). struck out “and he is a member in good standing of the bar of the highest court of the State in which he is to serve, or, in the case of an individual appointed to serve—

“(A) in the District of Columbia, a member in good standing of the bar of the United States district court for the District of Columbia; or

“(B) in the Commonwealth of Puerto Rico, a member in good standing of the bar of the Supreme Court of Puerto Rico, and in the Virgin Islands of the United States, a member in good standing of the bar of the district court of the Virgin Islands;” after “Virgin Islands of the United States,” and struck out “the first sentence of” before “this paragraph”.

Pub. L. 100–6591988—Subsec. (e). substituted “(k)” for “(j)” in introductory text, “(j)” for “(i)” in par. (3), and “(i)” for “(h)” in par. (5).

lPub. L. 100–702lSubsec. (). added subsec. ().

Pub. L. 99–6511986—Subsec. (d). substituted “Except as otherwise provided in sections 375 and 636(h) of this title, no” for “No”, and “a majority” for “the unanimous”, and inserted “which is taken upon the magistrate’s attaining age seventy and upon each subsequent anniversary thereof,” after “courts,”.

Pub. L. 97–2301982—Subsec. (b)(1). substituted “He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the United States, and he is a member” for “He is, and has been for at least five years, a member”.

Pub. L. 96–82, § 3(a)1979—Subsec. (a). , substituted “Where the conference deems it desirable, a magistrate may be designated to serve in one or more districts adjoining the district for which he is appointed” and “Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate in the adjoining district or districts” for “Where an area under the administration of the National Park Service, or the United States Fish and Wildlife Service, or any other Federal agency, extends into two or more judicial districts and it is deemed desirable by the conference that the territorial jurisdiction of a magistrate’s appointment include the entirety of such area, the appointment or reappointment shall be made by the concurrence of a majority of all judges of the district courts of the judicial districts involved, and where there is no such concurrence by the concurrence of the chief judges of such district courts”.

Pub. L. 96–82, § 3(b)Subsec. (b). , substituted “appointed or reappointed to serve” for “appointed or serve” in provisions preceding par. (1), inserted “, and has been for at least 5 years,” after “He is” in provisions of par. (1) preceding subpar. (A), struck out subpar. (C) relating to service by members an good standing of the bar of the highest court of one of the two or more States where the area involved is under the administration of the National Park Service, the United States Fish and Wildlife Service, or any other Federal agency that extends to two or more States.

Pub. L. 96–82, § 3(c)Subsec. (b)(5). , added par. (5).

Pub. L. 96–82, § 3(d)(2)Subsec. (f). , added subsec. (f). Former subsec. (f) redesignated (g).

Pub. L. 96–82, § 3(d)(1)Subsecs. (g) to (k). , redesignated former subsecs. (f) to (j) as (g) to (k), respectively.

Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978—Subsec. (c). directed the amendment of subsec. (c) by substituting “of the conference,” for “of the conference, a part-time referee in bankruptcy or” and “magistrate and” for “magistrate and part-time referee in bankruptcy,”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.

Pub. L. 94–520, § 2(1)1976—Subsec. (a). , (2), inserted “and the district court of the Virgin Islands” after “United States district court”, and provided that in the case of a magistrate appointed by the district court of the Virgin Islands, this chapter was to apply as though the appointing court were a United States District Court.

Pub. L. 94–520, § 2(3)Subsec. (b). , provided that a magistrate appointed under this chapter to serve in the Virgin Islands, must be a member in good standing of the bar of the district court of the Virgin Islands.

Pub. L. 90–5781968— revised provisions of this section generally as described for subsecs. (a) to (j) hereunder, substituting provisions for appointment and tenure of magistrates for appointment and tenure of commissioners.

Pub. L. 90–578Subsec. (a). provided for determination of number of appointees by the conference, rather than by the district court, authorized the determination of location of service, omitted as superseded by existing provisions prior provisions for appointments for certain specified national parks, required appointments in a district court with more than one judge to be concurred in by majority of all the judges, and by the chief judge in absence of such concurrence, required such concurrence of judges of district courts or concurrence of chief judges in absence of such concurrence by the judges where appointments are for an area under administration of the National Park Service, or the United States Fish and Wildlife Service, or any other Federal agency, which extends into more than one judicial district which should be served in its entirety by one magistrate, and omitted last par. prescribing appointment record and notice. See subsec. (g) of this section.

Pub. L. 90–578Subsec. (b). added subsec. (b). Prior provisions which were eliminated prohibited holding dual offices when the person held a civil or military office or employment under the United States or was employed by a Federal justice or judge, but such restriction was made inapplicable to a part-time referee in bankruptcy, or to a clerk or deputy clerk of a Federal court when approved by the Director and compensated in an aggregate amount fixed by the Director for performance of dual duties. See subsec. (c) of this section.

Pub. L. 90–578Subsec. (c). incorporated provisions of former subsec. (b) of this section in provisions designated as subsec. (c), omitted express restriction against holding dual offices when employed by a Federal justice or judge, provided for approval of the conference with respect to part-time service as a magistrate of part-time referee in bankruptcy or clerk or deputy clerk of a Federal court, formerly requiring approval of the Director as to service of clerk or deputy clerk of court as a commissioner, made former provisions as to aggregate amount of compensation for service as clerk or deputy clerk of court and commissioner applicable to part-time service as magistrate of part-time referee in bankruptcy, clerk and deputy clerk of court, and authorized appointment of retired military personnel, except National Guard disbursing officers who are on a full-time salary basis, as United States magistrates. Former subsec. (c) which provided for a four year term of office of commissioner unless sooner removed by the district court. See subsecs. (e) and (h) of this section.

Pub. L. 90–578Subsec. (d). added subsec. (d).

Pub. L. 90–578Subsec. (e). substituted provisions designated as subsec. (e) for term of office of eight and four years for full-time and part-time officers and for expiration of term of office for provisions of former subsec. (c) of this section for term of four years unless sooner removed by the district court.

Pub. L. 90–578Subsec. (f). added subsec. (f).

Pub. L. 90–578Subsec. (g). incorporated provisions of last par. of former subsec. (a) of this section in provisions designated as subsec. (g) and provided expressly for appointment by a judge or judges of a district court.

Pub. L. 90–578Subsecs. (h) to (j). added subsecs. (h) to (j).

July 25, 19561956—Subsec. (a). Act , provided for two United States Commissioners for the Cumberland Gap National Historical Park.

July 9, 19521952—Subsec. (a). Act , provided for two United States Commissioners for the Great Smoky Mountains National Park, in place of one.

May 24, 19491949—Subsec. (b). Act , amended second sentence generally. Prior to amendment, second sentence read as follows: “This subsection shall not apply to a referee in bankruptcy nor shall it apply to a clerk or deputy clerk of a court of the United States whose appointment as commissioner is approved by the Director of the Administrative Office of the United States Courts.”

Statutory Notes and Related Subsidiaries

Change of Name

section 321 of Pub. L. 101–650“United States magistrate judges”, “magistrate judge”, and “magistrate judge’s” substituted for “United States magistrates”, “magistrate”, and “magistrate’s”, respectively, wherever appearing in text pursuant to , set out as a note below.

Pub. L. 101–650, title III, § 321Dec. 1, 1990104 Stat. 5117

Effective Date of 1994 Amendment

Pub. L. 103–353Oct. 13, 1994section 8 of Pub. L. 103–353section 4301 of Title 38Amendment by effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see , set out as an Effective Date note under , Veterans’ Benefits.

Effective Date of 1988 Amendment

Pub. L. 100–659Nov. 15, 1988Nov. 15, 1988July 31, 1987section 9 of Pub. L. 100–659section 377 of this titleAmendment by effective , and applicable to bankruptcy judges and magistrate judges who retire on or after , with exception for judges and magistrate judges retiring on or after , see , as amended, set out as an Effective Date note under .

Effective Date of 1986 Amendment

Pub. L. 99–651Jan. 1, 1987section 203 of Pub. L. 99–651section 155 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–82, § 3(g)Oct. 10, 197993 Stat. 645

Effective Date of 1968 Amendment

Pub. L. 90–578, title IV, § 403Oct. 17, 196882 Stat. 1119

Short Title of 1979 Amendment

Pub. L. 96–82, § 1Oct. 10, 197993 Stat. 643

Short Title of 1968 Amendment

Pub. L. 90–578, § 1Oct. 17, 196882 Stat. 1107

Short Title

This chapter is popularly known as the “Federal Magistrates Act”.

Separability

Pub. L. 90–578, title V, § 501Oct. 17, 196882 Stat. 1119

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Due Consideration by Merit Selection Panels of Women, Blacks, Hispanics, and Other Minorities

Pub. L. 96–82, § 3(e)Oct. 10, 197993 Stat. 645

Magistrates Serving Prior to Promulgation of Magistrate Selection Standards and Procedures by Judicial Conference; Reappointment; Certification as Qualified

Pub. L. 96–82, § 3(f)Oct. 10, 197993 Stat. 645 section 636(c) of this title, , , provided that magistrates serving prior to the promulgation of magistrate selection standards and procedures by the Judicial Conference of the United States could only exercise the jurisdiction conferred under after having been reappointed under such standards and procedures or after having been certified as qualified to exercise such jurisdiction by the judicial council of the circuit in which the magistrate served.

Judicial Conference Study of the Future of the Magistrate System

Pub. L. 96–82, § 9Oct. 10, 197993 Stat. 647 Pub. L. 96–82Oct. 10, 1979, , , provided for a study by the Judicial Conference of the United States to begin within 90 days after the effective date of , which was approved , and to be completed and made available to Congress within 24 months thereafter respecting the future of the magistrate system.

Authorization of Appropriations

Pub. L. 96–82, § 10Oct. 10, 197993 Stat. 647

Appointment of Magistrates

Pub. L. 90–578, title IV, § 401Oct. 17, 196882 Stat. 1118

Applicable Law

Pub. L. 90–578, title IV, § 402Oct. 17, 196882 Stat. 1118

Special Commissioner for Grand Canyon National Park; Appointment; Jurisdiction; Compensation

Pub. L. 86–258Sept. 14, 195973 Stat. 546 , , , required the United States District Court for the District of Arizona to appoint a special commissioner for the Grand Canyon National Park, Arizona, and provided for the term, jurisdiction, and salary of the commissioner.

July 9, 1952Jurisdictional Limitation of Commissioner Holding Office on

Act July 9, 1952, ch. 609, § 2 66 Stat. 509 July 9, 1952, , provided that the jurisdiction of the United States commissioner for the Great Smoky Mountains National Park on , would be limited to the portion of the park situated in North Carolina.