
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC635]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                 PART III--COURT OFFICERS AND EMPLOYEES
 
               CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
 
Sec. 635. Expenses

    (a) Full-time United States magistrate judges serving under this 
chapter shall be allowed their actual and necessary expenses incurred in 
the performance of their duties, including the compensation of such 
legal assistants as the Judicial Conference, on the basis of the 
recommendations of the judicial councils of the circuits, considers 
necessary, and the compensation of necessary clerical and secretarial 
assistance. Such expenses and compensation shall be determined and paid 
by the Director under such regulations as the Director shall prescribe 
with the approval of the conference. The Administrator of General 
Services shall provide such magistrate judges with necessary courtrooms, 
office space, furniture and facilities within United States courthouses 
or office buildings owned or occupied by departments or agencies of the 
United States, or should suitable courtroom and office space not be 
available within any such courthouse or office building, the 
Administrator of General Services, at the request of the Director, shall 
procure and pay for suitable courtroom and office space, furniture and 
facilities for such magistrate judge in another building, but only if 
such request has been approved as necessary by the judicial council of 
the appropriate circuit.
    (b) Under such regulations as the Director shall prescribe with the 
approval of the conference, the Director shall reimburse part-time 
magistrate judges for actual expenses necessarily incurred by them in 
the performance of their duties under this chapter. Such reimbursement 
may be made, at rates not exceeding those prescribed by such 
regulations, for expenses incurred by such part-time magistrate judges 
for clerical and secretarial assistance, stationery, telephone and other 
communications services, travel, and such other expenses as may be 
determined to be necessary for the proper performance of the duties of 
such officers: Provided, however, That no reimbursement shall be made 
for all or any portion of the expense incurred by such part-time 
magistrate judges for the procurement of office space.

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I, 
Sec. 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. 96-82, Sec. 8(a), Oct. 
10, 1979, 93 Stat. 646; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 
1990, 104 Stat. 5117.)


                      Historical and Revision Notes

    Prior section 663.--Based on title 28, U.S.C., 1940 ed., Secs. 597, 
597a, 597b, 597c (May 28, 1896, ch. 252, Secs. 21, 24, 29 Stat. 184, 
186; Aug. 1, 1946, ch. 721, Secs. 1-4, 60 Stat. 752, 753).
    The provision of section 597c of title 28, U.S.C., 1940 ed., 
excepting commissioners in the Territory of Alaska was omitted as 
unnecessary since this exception is implicit in the revised section. The 
words ``in each judicial district'' limit the section to the 
commissioners in the districts enumerated in chapter 5 which includes 
Hawaii, Puerto Rico, and District of Columbia but omits Alaska, Canal 
Zone, [Guam] and Virgin Islands.
    Salaries of park commissioners are provided by section 634 of this 
title.
    Changes were made in phraseology.


                               Amendments

    1979--Subsec. (a). Pub. L. 96-82 inserted reference to the 
compensation of such legal assistants as the Judicial Conference, on the 
basis of the recommendations of the judicial councils of the circuits, 
considers necessary.
    1968--Pub. L. 90-578 substituted provisions relating to expenses for 
provisions prescribing residence for park commissioners. See section 
631(b)(3) of this title.

                         Change of Name

    Words ``magistrate judges'' and ``magistrate judge'' substituted for 
``magistrates'' and ``magistrate'', respectively, wherever appearing in 
text pursuant to section 321 of Pub. L. 101-650, set out as a note under 
section 631 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-578 effective Oct. 17, 1968, 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 Pub. L. 90-578 on Oct. 17, 1968, see section 
403 of Pub. L. 90-578, set out as a note under section 631 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 636 of this title.
