June 25, 1948, ch. 646 62 Stat. 917 Pub. L. 90–578, title I, § 10182 Stat. 1112 Pub. L. 92–42886 Stat. 721 Pub. L. 94–520, § 190 Stat. 2458 Pub. L. 95–598, title II, § 23292 Stat. 2665 Pub. L. 96–82, § 8(b)93 Stat. 647 Pub. L. 98–353, title I, § 108(a)98 Stat. 342 Pub. L. 100–202, § 101(a) [title IV, § 408(b)]101 Stat. 1329 Pub. L. 100–702, title X, § 1003(a)(4)102 Stat. 4665 Pub. L. 101–650, title III, § 321104 Stat. 5117 (, ; , , ; , , ; , , ; , , ; , , ; , title II, § 210, , , 351; , , , 1329–27; , , ; , , .)
Historical and Revision Notes
oMay 7, 1894, ch. 72, § 7 28 Stat. 75 Apr. 17, 1900, ch. 192, § 1 31 Stat. 133 Apr. 20, 1904, ch. 1400 33 Stat. 189 Mar. 2, 1907, ch. 2516, § 2 34 Stat. 1218 Mar. 3, 1911, ch. 231, § 291 36 Stat. 1167 Aug. 22, 1914, ch. 264 38 Stat. 701 June 30, 1916, ch. 197 39 Stat. 246 Aug. 21, 1916, ch. 368 39 Stat. 523 June 2, 1920, ch. 218 41 Stat. 734 Mar. 4, 1923, ch. 295 42 Stat. 1560 Apr. 25, 1928, ch. 434 45 Stat. 461 Apr. 26, 1928, ch. 438 45 Stat. 465 Mar. 2, 1929, ch. 583 45 Stat. 1539 Apr. 19, 1930, ch. 200 46 Stat. 229 June 25, 1935, ch. 309 49 Stat. 422 Aug. 19, 1937, ch. 703 50 Stat. 702 June 25, 1938, ch. 684, § 2 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 56 Stat. 135 Mar. 6, 1942, ch. 151 56 Stat. 137 Apr. 29, 1942, ch. 264 56 Stat. 260 June 5, 1942, ch. 341 56 Stat. 319 Apr. 23, 1946, ch. 202, § 4 60 Stat. 120 June 24, 1946, ch. 463, § 5 60 Stat. 303 Based on sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380, 395h, 395j, 403c–9, 403c–11, 403h–7, 403h–9, 404c–7, 404c–9, 408, and 408q of title 16, U.S.C., 1940 ed., Conservation (, ; , ; , §§ 9, 11, ; , ; , ; , §§ 9, 11, ; , §§ 9, 11, ; , §§ 9, 11, , 524; , §§ 11, 13, ; , ; , §§ 9, 11, ; , §§ 9, 11, ; , §§ 9, 11, ; , §§ 9, 11, ; , §§ 2, 3, ; , §§ 9, 11, , 703; , ; , ; , ; , §§ 7, 9, ; , §§ 7, 9, ; , §§ 7, 9, , 261; , §§ 7, 9, ; , ; , ).
oSection consolidates provisions of sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380, 395h, 395j, 403c–9, 403c–11, 403h–7, 403h–9, 404c–7, 404c–9, 408 and 408q of title 16, Conservation, relating to salary and fees of park commissioners with changes in arrangement and phraseology necessary to effect consolidation.
The provisions of some of these sections that the park commissioner should be “paid an annual salary, as appropriated for by Congress, payable quarterly” were rewritten upon advice of the Judicial Conference Committee on the Revision of the Judicial Code appointed by the Chief Justice of the United States, in order to place administration supervision of commissioners upon the district court and the Judicial Conference of the United States.
The provisions of some of these sections for deposit of fees, costs, expenses, fines, and penalties with the clerk of district court were rewritten to provide merely that he shall account for the same as public moneys.
The provisions of some of these sections with reference to salaries of the United States attorney and his assistants and the United States marshal and his deputies were omitted as covered by sections 508 [now 548] and 552 [see Prior Provisions note for that section] of this title.
Senate Revision Amendment
section 158d of title 16act May 15, 1947, ch. 55, § 4 61 Stat. 91 As finally enacted, , U.S.C., which was derived from , , 92, was an additional source of this section and was accordingly included by Senate amendment in the schedule of repeals. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
Pub. L. 100–7021988—Subsec. (c). inserted at end “A legal assistant appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.”
Pub. L. 100–202section 633 of this title2 U.S.C. 351–361section 461 of this title1987—Subsec. (a). amended first sentence generally. Prior to amendment, first sentence read as follows: “Officers appointed under this chapter shall receive as full compensation for their services salaries to be fixed by the conference pursuant to , at rates for full-time and part-time United States magistrates not to exceed rates determined under section 225 of the Federal Salary Act of 1967 () as adjusted by except that the salary of a part-time United States magistrate shall not be less than $100 nor more than one-half the maximum salary payable to a full-time magistrate.”
Pub. L. 98–353, § 108(a)2 U.S.C. 351–361section 461 of this title11 U.S.C. 68(a)1984—Subsec. (a). , substituted “rates determined under section 225 of the Federal Salary Act of 1967 () as adjusted by ” for “the rates now or hereafter provided for full-time and part-time referees in bankruptcy, respectively, referred to in section 40a of the Bankruptcy Act (), as amended,”.
Pub. L. 98–353, § 210Subsec. (c). , substituted “subchapter III” for “subsection III”.
Pub. L. 96–821979—Subsec. (c). inserted reference to legal assistants.
Pub. L. 95–598section 461 of this title11 U.S.C. 68(a)section 402(b) of Pub. L. 95–598section 101 of Title 111978—Subsec. (a). directed the amendment of subsec. (a) by substituting “not to exceed $48,500 per annum, subject to adjustment in accordance with section 225 of the Federal Salary Act of 1967 and ,” for “for full-time and part-time United States magistrates not to exceed the rates now or hereafter provided for full-time and part-time referees in bankruptcy, respectively, referred to in section 40a of the Bankruptcy Act (), as amended,”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.
Pub. L. 94–5201976—Subsec. (a). substituted provision fixing the maximum annual salary of a part-time magistrate appointed under this chapter at one-half the maximum salary payable to a full-time magistrate for a former provision that fixed such annual salaries at $15,000 per year and provided that the salary of a full-time magistrate was not to exceed 75% of the annual salary of a United States District Court judge.
Pub. L. 92–4281972—Subsec. (a). substituted limits of compensation for full-time and part-time United States magistrates at rates not exceeding those of full-time and part-time referees in bankruptcy, with exceptions that the salary of a part-time United States magistrate shall not be less than $100 nor more than $15,000 per annum and that the salary of a full-time United States magistrate shall not exceed 75 per cent of the salary of a judge of a district court of the United States, for provisions fixing maximum limits for full-time and part-time United States magistrates at $22,500 and $11,000, respectively, and minimum limit for part-time United States magistrates at $100 per annum.
Pub. L. 90–5781968— substituted provisions for compensation of United States magistrates, comprising subsecs. (a) to (c) of this section and relating to: limitation on amount of compensation and consideration of certain factors for its determination; reduction of salaries of full-time magistrates; and consideration as judicial branch officers and employees of United States magistrates and necessary clerical and secretarial assistants, for prior provisions for salaries of park commissioners and disposition of fees, fines, and costs collected as public moneys.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of this titleWords “magistrate judges” and “magistrate judge” substituted for “magistrates” and “magistrate”, respectively, wherever appearing in text pursuant to , set out as a note under .
Effective Date of 1987 Amendment
Pub. L. 100–202Pub. L. 100–202section 153 of this titleAmendment by effective , and any salary affected by the amendment to be adjusted at beginning of first applicable pay period commencing on or after such date, see section 101(a) [title IV, § 408(d)] of , set out as a note under .
Effective Date of 1984 Amendment
section 108(a) of Pub. L. 98–353section 122(a) of Pub. L. 98–353section 151 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1968 Amendment
Pub. L. 90–578Pub. L. 90–578section 403 of Pub. L. 90–578section 631 of this titleAmendment by effective , except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of on , see , set out as a note under .
Continuation of Maximum Rates of Salary of Full-Time and Part-Time United States Magistrates in Effect on
Pub. L. 98–353, title I, § 108(b)98 Stat. 342
Section 108(b) of Pub. L. 98–353section 122(c) of Pub. L. 98–353section 151 of this title[ effective , see , set out as an Effective Date note under .]
Executive Documents
Salary Increases
section 358 of Title 21987—Maximum salaries of U.S. magistrates (full-time) and U.S. magistrates (part-time) increased respectively to $72,500 and $36,200 per annum, on recommendation of the President of the United States, see note set out under , The Congress.