US (United States) Code. Title 28. Part II: Department of Justice. Chapter 35: US (United States) Attorneys

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 35 - UNITED STATES ATTORNEYS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

CHAPTER 35 - UNITED STATES ATTORNEYS

-MISC1-

Sec.

541. United States attorneys.

542. Assistant United States attorneys.

543. Special attorneys.

544. Oath of office.

545. Residence.

546. Vacancies.

547. Duties.

548. Salaries.

549. Expenses.

550. Clerical assistants, messengers, and private process

servers.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXVI, Sec. 3626(b), Nov. 29, 1990,

104 Stat. 4965, substituted "Clerical assistants, messengers, and

private process servers" for "Clerical assistants and messengers"

in item 550.

1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617,

added chapter 35 and items 541 to 550.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 48 sections 1424b, 1617,

1821.

-End-

-CITE-

28 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 541. United States attorneys

-STATUTE-

(a) The President shall appoint, by and with the advice and

consent of the Senate, a United States attorney for each judicial

district.

(b) Each United States attorney shall be appointed for a term of

four years. On the expiration of his term, a United States attorney

shall continue to perform the duties of his office until his

successor is appointed and qualifies.

(c) Each United States attorney is subject to removal by the

President.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

(a) 28 U.S.C. 501. [None].

(b) 28 U.S.C. [None].

504(a).

(c) 28 U.S.C. [None].

504(b) (less 2d

sentence).

--------------------------------------------------------------------

In subsection (c), the word "is" is substituted for "shall be".

1948 ACT

Prior section 501. - Based on title 28, U.S.C., 1940 ed., Sec.

481, sections 643 and 863 of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions, and section 11-1001, District

of Columbia Code, 1940 ed. (R.S., Sec. 767; June 26, 1876, ch. 147,

Secs. 1, 4, 19 Stat. 61, 62; Feb. 24, 1879, ch. 97, Sec. 8, 20

Stat. 320; Mar. 3, 1881, ch. 144, Sec. 7, 21 Stat. 507; Apr. 25,

1882, ch. 87, Secs. 1, 3, 22 Stat. 47; July 20, 1882, ch. 312, Sec.

3, 22 Stat. 172; Aug. 5, 1886, ch. 928, Sec. 7, 24 Stat. 309; Feb.

22, 1889, ch. 180, Sec. 21, 25 Stat. 682; July 3, 1890, ch. 656,

Sec. 16, 26 Stat. 217; July 10, 1890, ch. 664, Sec. 16, 26 Stat.

225; Mar. 3, 1893, ch. 220, 27 Stat. 745; July 16, 1894, ch. 138,

Secs. 14, 16, 28 Stat. 110, 111; June 24, 1898, ch. 495, Sec. 1, 30

Stat. 487; Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 85; Apr. 30,

1900, ch. 339, Sec. 86, 31 Stat. 158; May 12, 1900, ch. 391, Sec.

9, 31 Stat. 176; Jan. 22, 1901, ch. 105, Secs. 4, 7, 31 Stat. 736,

737; Feb. 12, 1901, ch. 355, Secs. 5, 7, 31 Stat. 782; Mar. 2,

1901, ch. 801, Secs. 3, 5, 31 Stat. 881; Mar. 3, 1901, ch. 854,

Sec. 183, 31 Stat. 1220; Mar. 11, 1902, ch. 183, Secs. 5, 6, 32

Stat. 66; June 30, 1902, ch. 1329, 32 Stat. 527; Mar. 2, 1905, ch.

1305, Secs. 4, 6, 33 Stat. 824; Mar. 3, 1905, ch. 1427, Secs. 13,

15, 19, 33 Stat. 995, 996; June 16, 1906, ch. 3335, Sec. 13, 34

Stat. 275; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Jan. 7,

1913, ch. 6, 37 Stat. 648; Mar. 3, 1915, ch. 100, Secs. 3, 4, 38

Stat. 961; Mar. 2, 1917, ch. 145, Sec. 41, 39 Stat. 965; Mar. 4,

1921, ch. 161, Sec. 1, 41 Stat. 1412; July 9, 1921, ch. 42, Sec.

313, 42 Stat. 119; May 28, 1926, ch. 414, Sec. 2(b), 44 Stat. 672;

Apr. 21, 1928, ch. 393, 45 Stat. 437; Mar. 26, 1928, ch. 51, Sec.

2, 52 Stat. 118).

Section consolidates section 481 of title 28, U.S.C., 1940 ed.,

and section 11-1001 of the District of Columbia Code, 1940 ed.,

with parts of sections 643 and 863 of title 48, U.S.C., 1940 ed.,

relating to appointment of United States attorneys.

The term "United States attorney" was adopted in this section for

"attorney for the United States." Since the decision of the Supreme

Court of the United States in In re Neagle, 1890 (10 S. Ct. 658,

135 U.S. 1, 34, L. Ed. 55) where the terms "attorneys of the United

States" and "district attorneys" were used interchangeably,

Congress has also designated such officers as either "United States

attorneys" or as "district attorneys." See Acts of Feb. 22, 1886,

ch. 928, Sec. 7, 24 Stat. 309; July 3, 1890, ch. 656, Sec. 16, 26

Stat. 217; July 10, 1890, ch. 664, Sec. 16, 26 Stat. 225, and Acts

of July 20, 1882, ch. 312, Sec. 3, 22 Stat. 172; Mar. 3, 1915, ch.

100, Sec. 3, 38 Stat. 961; May 28, 1926, ch. 414, Sec. 2(b), 44

Stat. 672.

At present, such officers are invariably designated as "United

States attorneys" by Federal courts and the Department of Justice.

Words "The President may appoint, by and with the advice and

consent of the Senate," were inserted to conform section with the

Constitution. See article II, section 2, clause 2.

Words "including the District of Columbia" were omitted, because

the District is made a judicial district by section 88 of this

title. District of Columbia Code, 1940 ed., Sec. 11-1001, provided

for appointment of an "attorney of the United States for the

District" by the President, subject to Senate confirmation.

Words "learned in the law" were omitted as unnecessary. Such

requirement is not made of United States judges and no reason

appears to make a distinction respecting United States attorneys.

Parts of section 863 of title 48, U.S.C., 1940 ed., remain in

said title 48. For remainder thereof, see Distribution Table. Other

provisions of section 643 of such title are incorporated in

sections 133, 504 [now 541 and 544], and 541 [see 561] of this

title.

Changes were made in phraseology.

[The Historical and Revision Notes for former section 504, from

which this section is partially derived, is set out under section

544 of this title.]

PRIOR PROVISIONS

A prior section 541, acts June 25, 1948, ch. 646, 62 Stat 910;

Mar. 18, 1959, Pub. L. 86-3, Sec. 11(c), (d), 73 Stat. 9, related

to appointment, residence and tenure of marshals, prior to repeal

by Pub. L. 89-554, Sec. 8(a), and reenactment in section 561 of

this title by section 4(c) of Pub. L. 89-554.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 546 of this title.

-End-

-CITE-

28 USC Sec. 542 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 542. Assistant United States attorneys

-STATUTE-

(a) The Attorney General may appoint one or more assistant United

States attorneys in any district when the public interest so

requires.

(b) Each assistant United States attorney is subject to removal

by the Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

(a) 28 U.S.C. 502. [None].

(b) 28 U.S.C. [None].

504(b) (2d

sentence, as

applicable to

assistant

United States

attorneys).

--------------------------------------------------------------------

In subsection (b), the word "is" is substituted for "shall be".

1948 ACT

Prior section 502. - Based on title 28, U.S.C., 1940 ed., Secs.

483, 594 (May 28, 1896, ch. 252, Sec. 8, 29 Stat. 181; July 19,

1919, ch. 24, Sec. 1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat.

1560; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates sections 483 and 594 of title 28, U.S.C.,

1940 ed., relating to appointment of assistant United States

attorneys.

Words "United States attorneys" were substituted for "district

attorneys." (See reviser's note under section 501 [now 541] of this

title.)

The exception of Alaska from the operation of such section 483

was omitted as covered by section 109 of title 48, U.S.C., 1940

ed., Territories and Insular Possessions, authorizing appointment

of assistant United States attorneys in Alaska.

Reference in such section 483 to "District of Columbia" was

omitted. (See reviser's note under section 501 [now 541] of this

title.)

The provisions of sections 483 and 594 of title 28, U.S.C., 1940

ed., requiring the judges and United States attorneys to certify or

evidence in writing the necessity for assistant United States

attorneys in their respective districts, and specifying that such

opinion of the judge shall state to the Attorney General the facts

as distinguished from conclusions, showing the necessity therefor,

were omitted. The Attorney General, as chief law enforcement

officer, is in a better position to determine such necessity.

The salary provisions of such section 594 were omitted as covered

by section 508 [now 548] of this title.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911,

related to appointment and tenure of deputies and assistants for

United States marshals, prior to repeal by Pub. L. 89-554, Sec.

8(a), and reenactment in section 562 of this title by section 4(c)

of Pub. L. 89-554.

-End-

-CITE-

28 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 543. Special attorneys

-STATUTE-

(a) The Attorney General may appoint attorneys to assist United

States attorneys when the public interest so requires.

(b) Each attorney appointed under this section is subject to

removal by the Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

(a) 28 U.S.C. 503. [None].

5 U.S.C. 298. July 28, 1916, ch. 261, Sec. 1

(6th par. on p. 413), 39 Stat.

413.

(b) 28 U.S.C. [None].

504(b) (2d

sentence, less

applicability

to assistant

United States

attorneys).

--------------------------------------------------------------------

The text of former section 298 of title 5 is omitted as

unnecessary. The position so authorized has not been filled in

recent years, and the authority is preserved by this section and

revised section 3101 of title 5, United States Code.

In subsection (b), the word "is" is substituted for "shall be".

1948 ACT

Prior section 503. - Based on section 312 of title 5, U.S.C.,

1940 ed., Executive Departments and Government Officers and

Employees (R.S. Sec. 363).

Other provisions of section 312 of title 5, U.S.C., 1940 ed., are

incorporated in sections 507 [now 509 and 547] and 508 [now 548] of

this title.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 543, act June 25, 1948, ch. 646, 62 Stat. 911,

related to oath of office for United States Marshals, prior to

repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 563

of this title by section 4(c) of Pub. L. 89-554.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 519, 544, 548 of this

title.

-End-

-CITE-

28 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 544. Oath of office

-STATUTE-

Each United States attorney, assistant United States attorney,

and attorney appointed under section 543 of this title, before

taking office, shall take an oath to execute faithfully his duties.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. [None].

504(c).

--------------------------------------------------------------------

1948 ACT

Prior section 504. - Based on section 315 of title 5, U.S.C.,

1940 ed., Executive Departments and Government Officers and

Employees, title 28, U.S.C., 1940 ed., Sec. 482, and sections 643

and 863 of title 48, U.S.C., 1940 ed., Territories and Insular

Possessions (R.S. Secs. 366, 769; June 24, 1898, ch. 495, Sec. 1,

30 Stat. 487; Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 85; Apr.

30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch. 269,

Sec. 1, 35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2,

1917, ch. 145, Sec. 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, Sec.

1, 41 Stat. 1412; July 9, 1921, ch. 42, Sec. 313, 42 Stat. 119;

Feb. 12, 1925, ch. 220, 43 Stat. 890; Apr. 17, 1930, ch. 174, 46

Stat. 170; Mar. 26, 1938, ch. 51, Sec. 2, 52 Stat. 118).

Section consolidates parts of sections 315 of title 5, U.S.C.,

1940 ed., and 643 and 863 of title 48, both U.S.C., 1940 ed., with

section 482 of title 28, U.S.C., 1940 ed. It is recommended that

said section 315 be amended so as to omit those provisions relating

to special attorneys to assist "district attorneys" which were used

as part of the basis for this section, as other parts of said

section 315, relating to special assistants to the Attorney

General, and to foreign counsel, are to remain in title 5.

Words "United States attorney" were substituted for district

attorney, and reference to District of Columbia was omitted. (See

reviser's note under section 501 [now 541] of this title.)

Reference to the territories in said section 482, was also

omitted as covered by provisions of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions. See sections 109 and 112 of

such title applicable to United States attorney in Alaska, and 1353

applicable in the Canal Zone, and 1405y applicable in the Virgin

Islands.

The provision as to the tenure of the assistant United States

attorneys and special attorneys is new. Existing law contains no

provision as to tenure or removal of such officials. While the

Supreme Court has held that the power of removal of executive

officials is incident to the power of appointment, this section

expressly provides for removal. See Meyers v. United States, 1926

(47 S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160).

Said section 315 contained a provision that special attorneys

appointed to assist United States attorneys should take the same

oath required of the latter. This section was extended to assistant

United States attorneys, respecting whom no provision existed as to

oaths.

A portion of section 863 of title 48, U.S.C., 1940 ed., is

retained in said title 48. For remainder of said section 863, see

Distribution Table. Other provisions of section 643 of such title

are incorporated in sections 133, 501 [now 541], and 541 [see 561]

of this title.

Other changes were made in phraseology.

PRIOR PROVISIONS

A prior section 544, acts June 25, 1948, ch. 646, 62 Stat. 911;

Sept. 2, 1958, Pub. L. 85-856, 72 Stat. 1104, related to bonds of

United States marshals, prior to repeal by Pub. L. 89-554, Sec.

8(a), and reenactment in section 564 of this title by section 4(c)

of Pub. L. 89-554.

-End-

-CITE-

28 USC Sec. 545 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 545. Residence

-STATUTE-

(a) Each United States attorney shall reside in the district for

which he is appointed, except that these officers of the District

of Columbia, the Southern District of New York, and the Eastern

District of New York may reside within 20 miles thereof. Each

assistant United States attorney shall reside in the district for

which he or she is appointed or within 25 miles thereof. The

provisions of this subsection shall not apply to any United States

attorney or assistant United States attorney appointed for the

Northern Mariana Islands who at the same time is serving in the

same capacity in another district.

(b) The Attorney General may determine the official stations of

United States attorneys and assistant United States attorneys

within the districts for which they are appointed.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618;

amended Pub. L. 95-530, Sec. 1, Oct. 27, 1978, 92 Stat. 2028; Pub.

L. 96-91, Oct. 25, 1979, 93 Stat. 700; Pub. L. 103-322, title

XXXII, Sec. 320932, Sept. 13, 1994, 108 Stat. 2135.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. 505. [None].

--------------------------------------------------------------------

In subsection (a), the word "shall" is substituted for "must".

The word "thereof" is substituted for "of the District".

1948 ACT

Prior section 505. - Based on title 28, U.S.C., 1940 ed., Sec.

524 (June 20, 1874, ch. 328, Sec. 2, 18 Stat. 109; May 28, 1896,

ch. 252, Secs. 8, 12, 29 Stat. 181, 183; Mar. 3, 1911, ch. 231,

Sec. 291, 36 Stat. 1167; June 14, 1941, ch. 203, Secs. 1, 2, 55

Stat. 251).

The provisions of section 524 of title 28, U.S.C., 1940 ed., that

the United States attorney shall give his personal attention to the

duties of his office and declaring the office of United States

attorney vacant upon his removal from his district or neglect of

duty, were omitted as unnecessary and inconsistent with section

507(b) [now 519] of this title, charging the Attorney General with

the duty of supervising the United States attorneys in the

performance of their duties.

The provision permitting the United States attorney and his

assistants to reside within twenty miles of the District of

Columbia was added because of the relatively small and congested

area of the District, as a result of which few Federal officers are

appointed from the District or reside therein. Also the residence

requirement of this section has no relation to domicile or voting

residence nor does it affect the citizenship or residence status of

District of Columbia officeholders in the several States from which

appointed.

Only citizens of Hawaii resident therein at least 3 years

preceding appointment may be appointed as United States Attorneys

for the district of Hawaii. See section 501 [now 541] of this

title.

Other provisions of section 524 of title 28, U.S.C., 1940 ed.,

were incorporated in sections 541 [see 561] and 751 of this title.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 545, act June 25, 1948, ch. 646, 62 Stat. 911,

related to vacancies in the office of the United States Marshal,

prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in

section 565 of this title by section 4(c) of Pub. L. 89-554.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 struck out "and assistant

United States attorney" after "Each United States attorney" and

inserted after first sentence "Each assistant United States

attorney shall reside in the district for which he or she is

appointed or within 25 miles thereof."

1979 - Subsec. (a). Pub. L. 96-91 inserted provisions authorizing

the United States attorney and the assistant United States

attorneys for the Eastern District of New York to reside outside

the district but within 20 miles thereof.

1978 - Subsec. (a). Pub. L. 95-530 inserted provision that this

subsection not apply to any United States attorney or assistant

United States attorney appointed for the Northern Mariana Islands

who at the same time is serving in the same capacity in another

district.

-End-

-CITE-

28 USC Sec. 546 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 546. Vacancies

-STATUTE-

(a) Except as provided in subsection (b), the Attorney General

may appoint a United States attorney for the district in which the

office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States

attorney a person to whose appointment by the President to that

office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this

section may serve until the earlier of -

(1) the qualification of a United States attorney for such

district appointed by the President under section 541 of this

title; or

(2) the expiration of 120 days after appointment by the

Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the

district court for such district may appoint a United States

attorney to serve until the vacancy is filled. The order of

appointment by the court shall be filed with the clerk of the

court.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618;

amended Pub. L. 99-646, Sec. 69, Nov. 10, 1986, 100 Stat. 3616.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. 506. [None].

--------------------------------------------------------------------

1948 ACT

Prior section 506. - Based on title 28, U.S.C., 1940 ed., Sec.

511 (R.S. Sec. 793; June 24, 1898, ch. 495, Sec. 2, 30 Stat. 487;

Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167).

Words "United States attorney" were substituted for "district

attorney." (See Reviser's Note under section 501 [now 541] of this

title.)

Words "The Supreme Court of the Territory, and the district court

of the United States for the District of Columbia" were omitted as

obsolete. This section, as revised, applies to all districts

enumerated in chapter 5 of this title. There were no provisions

respecting vacancies in Hawaii and Puerto Rico. Therefore this

section remedies this situation and establishes a uniform method to

fill interim vacancies.

Words "and a copy shall be entered on the journal of the court"

after "filed in the clerk's office of said court", in section 511

of title 28, U.S.C., 1940 ed., were omitted as unnecessary.

The provisions of section 511 of title 28, U.S.C., 1940 ed.,

relating to marshals, are incorporated in sections 544 and 545 [see

Prior Provisions notes under those sections] of this title.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 546, act June 25, 1948, ch. 646, 62 Stat. 911,

related to death of a marshal, prior to repeal by Pub. L. 89-554,

Sec. 8(a), and reenactment in section 566 of this title by section

4(c) of Pub. L. 89-554.

AMENDMENTS

1986 - Pub. L. 99-646 amended section generally. Prior to

amendment, section read as follows: "The district court for a

district in which the office of United States attorney is vacant

may appoint a United States attorney to serve until the vacancy is

filled. The order of appointment by the court shall be filed with

the clerk of the court."

-End-

-CITE-

28 USC Sec. 547 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 547. Duties

-STATUTE-

Except as otherwise provided by law, each United States attorney,

within his district, shall -

(1) prosecute for all offenses against the United States;

(2) prosecute or defend, for the Government, all civil actions,

suits or proceedings in which the United States is concerned;

(3) appear in behalf of the defendants in all civil actions,

suits or proceedings pending in his district against collectors,

or other officers of the revenue or customs for any act done by

them or for the recovery of any money exacted by or paid to these

officers, and by them paid into the Treasury;

(4) institute and prosecute proceedings for the collection of

fines, penalties, and forfeitures incurred for violation of any

revenue law, unless satisfied on investigation that justice does

not require the proceedings; and

(5) make such reports as the Attorney General may direct.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. [None].

507(a).

--------------------------------------------------------------------

The word "shall" is substituted for "it shall be the duty of".

1948 ACT

Prior section 507. - Based on sections 312, 317, 323, 324, 327,

329, 330, 331 of title 5, U.S.C., 1940 ed., Executive Departments

and Government Officers and Employees; second paragraph of section

305e of title 25, U.S.C., 1940 ed., Indians; and title 28, U.S.C.,

1940 ed., Secs. 485, 486, 487, 488, 489 (R.S. Secs. 362, 363, 373,

374, 377, 379-381, 771-775, 838; Feb. 27, 1877, ch. 69, Sec. 1, 19

Stat. 241; Apr. 9, 1910, ch. 152, 36 Stat. 294; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167; May 10, 1934, ch. 277, Sec. 512, 48

Stat. 758; Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893).

This section consolidates provisions of the sections enumerated

above.

Other provisions of section 312 of title 5, U.S.C., 1940 ed., are

incorporated in sections 503 [now 543] and 508 [now 548] of this

title.

All requirements in said sections for reports to officers other

than the Attorney General are omitted as unnecessary and are

simplified in subsection (a)(5) of this section. The Attorney

General directs the course of litigation in government cases and

makes appropriate rules for furnishing information promptly to the

Departments interested.

Specific duties fixed by sections 485 - 489 of title 28, U.S.C.,

1940 ed., and the second paragraph of section 305e of title 25,

U.S.C., 1940 ed., to prosecute and defend both civil and criminal

proceedings, are covered in subsections (a)(1)-(4) of this section.

Use of "revenue law" in subsection (a)(4) in this section, which

is based on section 486 of title 28, U.S.C., 1940 ed., obviates

repetition of provisions relating to customs and revenue laws as

both are covered by the term. For discussion of this point, see

reviser's note under section 3283 in House Report 152, to accompany

H.R. 1600 Eightieth Congress, for revision of the Criminal Code.

The following sections of said title 5, U.S.C., 1940 ed., are

superseded by, covered by, or inconsistent with subsection

(a)(2)(5) of this section, subsection (b) of this section [now

section 519 of this title], and section 5 of Executive Order No.

6166 of June 10, 1933, transferring to the Department of Justice

the function of supervising the work of United States attorneys in

connection with suits by or against the United States exercised by

any agency or officer:

Section 323 requiring the General Counsel of the Treasury to make

entries of bonds delivered to United States attorneys by collectors

for suit until the amounts have been paid or judgments secured;

Section 324 requiring said General Counsel to examine and compare

the reports made by collectors of bonds delivered by them to United

States attorneys for suit, and of the returns of such bonds;

Section 329 authorizing said General Counsel to instruct United

States attorneys, marshals and clerks in all matters relating to

suits, except for taxes, forfeitures and penalties, and to require

them to make such reports to him as he may direct. The first

provision of section 329 of title 5, U.S.C., 1940 ed., is covered

by the last paragraph of this section [now section 519 of this

title], under which the Attorney General exercises supervision of

the duties of United States attorneys. The Director of the

Administrative Office of the United States Courts supervises the

duties of clerks under chapter 41 of this title. The provision for

authority of said General Counsel over marshals, also contained in

section 329, is incorporated in section 547 [see Prior Provisions

note below] of this title in which such authority is vested in the

Attorney General.

Section 327 of title 5, U.S.C., 1940 ed., authorized said General

Counsel to establish regulations, subject to approval by the

Attorney General, to be observed by United States attorneys and

marshals in which the United States is a party. The provision as to

United States attorneys is also covered by the last paragraph of

this section [now section 519 of this title], and that as to

marshals is covered by section 547 [see Prior Provisions note

below] of this title.

Provisions of section 327 of title 5, U.S.C., 1940 ed., relating

to establishment of regulations for the observance of collectors of

the customs, by the General Counsel for the Department of the

Treasury, with the approbation of the Secretary of the Treasury,

was omitted and recommended for repeal as covered by section 66 of

title 19, U.S.C., 1940 ed., Customs Duties.

The last paragraph of this section [now section 519 of this

title], is based on the first clause of section 317 of title 5,

U.S.C., 1940 ed.; see also section 309 of title 5. The second

clause of said section 317 is covered by subsection (a)(5) of this

section. The authority of the Attorney General over marshals and

the requirement that they shall report to him the conduct and state

of their offices, contained also in said section 317, is

incorporated in section 547 [see Prior Provisions note below] of

this title.

Section 330 of title 5, U.S.C., 1940 ed., which required that

United States attorneys should conduct, under direction of the

General Counsel of the Treasury, all suits and proceedings

involving the United States under the laws governing national

banking associations is covered by subsection (a)(2) of this

section.

Section 331 of title 5, U.S.C., 1940 ed., requiring United States

attorneys to obey directions of the Department of Justice in suits

for money due the Post Office Department, is covered also by

subsection (a)(2) of this section.

Changes in arrangement and phraseology were made.

PRIOR PROVISIONS

A prior section 547, acts June 25, 1948, ch. 646, 62 Stat. 912;

Oct. 18, 1962, Pub. L. 87-845, Sec. 8, 76A Stat. 699, related to

powers and duties of marshals, prior to repeal by Pub. L. 89-554,

Sec. 8(a), and reenactment in section 569 of this title by section

4(c) of Pub. L. 89-554.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 4243; title 19

section 2350; title 20 section 1082; title 31 section 3718; title

42 sections 292j, 12651d.

-End-

-CITE-

28 USC Sec. 548 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 548. Salaries

-STATUTE-

Subject to sections 5315 through 5317 of title 5, the Attorney

General shall fix the annual salaries of United States attorneys,

assistant United States attorneys, and attorneys appointed under

section 543 of this title at rates of compensation not in excess of

the rate of basic compensation provided for Executive Level IV of

the Executive Schedule set forth in section 5315 of title 5, United

States Code.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618;

amended Pub. L. 98-473, title II, Sec. 1701(a) Oct. 12, 1984, 98

Stat. 2184.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. 508. [None].

--------------------------------------------------------------------

The words "sections 5315-5317 of title 5" are substituted for

"subsection (f) and (g) of section 303 of the Federal Executive

Salary Act of 1964" to reflect the codification of those

subsections in title 5. The words "GS-18 of the General Schedule

set forth in section 5332 of title 5" are substituted for "grade 18

of the General Schedule of the Classification Act of 1949, as

amended".

1948 ACT

Prior section 508. - Based on section 312 of title 5, U.S.C.,

1940 ed., Executive Departments and Government Officers and

Employees, and title 28, U.S.C., 1940 ed., Secs. 579 and 580 (R.S.

Sec. 363; May 28, 1896, ch. 252, Secs. 8, 24, 29 Stat. 181, 186;

Mar. 3, 1903, ch. 1007, Sec. 1, 32 Stat. 1141; Mar. 4, 1907, ch.

2918, Sec. 1, 34 Stat. 1360; May 27, 1908, ch. 200, Sec. 1, 35

Stat. 375; July 19, 1919, ch. 24, Sec. 1, 41 Stat. 209; June 1,

1922, ch. 204, title II (part), 42 Stat. 616; Jan. 3, 1923, ch. 21,

title II, 42 Stat. 1083; Mar. 4, 1923, ch. 295, 42 Stat. 1560; May

28, 1924, ch. 204, title II (part), 43 Stat. 220).

Section consolidates part of section 312 of title 5, U.S.C., 1940

ed., and part of section 579 of title 28, U.S.C., 1940 ed., with

section 580 of title 28, U.S.C., 1940 ed.

Sections 579 and 580 of title 28, U.S.C., 1940 ed., fixed

specific salaries for the United States attorneys and assistants,

while section 312 of title 5, U.S.C., 1940 ed., provided for a

contractual arrangement for compensation of special attorneys.

According to a Department of Justice interpretation, provisions

for specific salaries were superseded by section 678 of title 5,

which provides for adjustment of compensation by heads of

departments. Hence, this section leaves the amount of compensation

to the Attorney General.

Section 578b of title 28, U.S.C., 1940 ed., providing that United

States attorneys shall be paid for their services, was omitted as

unnecessary.

Section 578c of title 28, U.S.C., 1940 ed., providing that United

States attorneys shall not receive fees in addition to their

salaries, was omitted as obsolete, in view of this section and

current practice.

Other provisions of section 312 of title 5, U.S.C., 1940 ed., are

incorporated in sections 503 [now 543] and 507 [now 509 and 547] of

this title, and other provisions of section 579 of title 28,

U.S.C., 1940 ed., are incorporated in section 552 [see Prior

Provisions note for that section] of this title.

PRIOR PROVISIONS

A prior section 548, act June 25, 1948, ch. 646, 62 Stat. 912,

related to administration of oaths by marshals, prior to repeal by

Pub. L. 89-554, Sec. 8(a).

AMENDMENTS

1984 - Pub. L. 98-473 amended section generally, substituting

"rate of basic compensation provided for Executive Level IV of the

Executive Schedule set forth in section 5315 of title 5, United

States Code" for "highest rate of GS-18 of the General Schedule set

forth in section 5332 of title 5".

SALARY INCREASES

1969 - Increase in the rates of pay of United States Attorneys

and Assistant United States Attorneys whose annual salaries are

fixed pursuant to this section, effective on the first day of the

first pay period which begins on or after Dec. 27, 1969, by amounts

equal, as nearly as may be practicable, to the increases provided

pursuant to section 2 of Pub. L. 91-231, which raised corresponding

rates by 6 percent, see Pub. L. 91-231, set out as a note under

section 5332 of Title 5, Government Organization and Employees.

1967 - Pub. L. 90-206, title II, Sec. 211(a), Dec. 16, 1967, 81

Stat. 633, provided that: "The rates of basic pay of United States

attorneys and assistant United States attorneys whose annual

salaries are fixed pursuant to section 548 of title 28, United

States Code shall be increased, effective on the effective date of

section 202 of this title [see Effective Date of 1967 Amendment

note set out under section 5332 of Title 5] by amounts equal, as

nearly as may be practicable, to the increases provided by section

202(a) of this title [see section 5332(a) of Title 5] for

corresponding rates of basic pay."

Section 211(a) of Pub. L. 90-206 effective as of the beginning of

the first pay period which begins on or after Oct. 1, 1967, see

section 220(a)(2) of Pub. L. 90-206, set out as a note under

section 5332 of Title 5.

1966 - Pub. L. 89-504, title I, Sec. 108(a), July 18, 1966, 80

Stat. 293, provided that: "The rates of basic compensation of

assistant United States attorneys whose basic salaries are fixed

pursuant to section 508 of title 28, United States Code [now this

section] shall be increased, effective on the effective date of

section 102 of this title [first day of the first pay period

beginning on or after July 1, 1966], by amounts equal, as nearly as

may be practicable, to the increases provided by section 102(a) of

this title [see section 5332(a) of Title 5], for corresponding

rates of compensation."

Provision effective July 18, 1966, see section 109(1) of Pub. L.

89-504.

1965 - Pub. L. 89-301, Sec. 15(a), Oct. 29, 1965, 79 Stat. 1122,

provided that: "The rates of basic compensation of assistant United

States attorneys whose basic salaries are fixed pursuant to section

508 of title 28, United States Code, [now this section], shall be

increased by 3.6 per centum effective on the first day of the first

pay period which begins on or after October 1, 1965."

1962 - Pub. L. 87-793, Sec. 1003(b), Oct. 11, 1962, 76 Stat. 866,

provided that: "The rates of basic compensation of assistant United

States attorneys whose basic salaries are fixed by section 508 of

title 28, United States Code, [now this section], shall be

increased by 7 1/2 per centum effective on the first day of the

first pay period which begins on or after the date of enactment of

this Act [Oct. 11, 1962]."

COMPENSATION OF INCUMBENT UNITED STATES ATTORNEYS AND ASSISTANT

UNITED STATES ATTORNEYS

Pub. L. 88-426, Sec. 306(a)(2), Aug. 14, 1962, 78 Stat. 428, as

amended by Pub. L. 88-631, Sec. 3(c), Oct. 6, 1964, 78 Stat. 1008,

provided that: "Subject to section 303(f) and (g) of this Act [see

sections 5315 to 5317 of Title 5, Government Organization and

Employees], each incumbent United States attorney and assistant

United States attorney shall be paid compensation at a rate equal

to that of attorneys of comparable responsibility and professional

qualifications, as determined by the Attorney General, whose

compensation is prescribed in the General Schedule of the

Classification Act of 1949, as amended [now covered by chapter 51

and subchapter III of chapter 53 of Title 5]."

ALASKA, CANAL ZONE AND VIRGIN ISLANDS

Act Mar. 2, 1955, ch. 9, Sec. 2(b), 69 Stat. 10, provided that:

"The salaries of United States attorneys and assistant United

States attorneys for the districts of Alaska, Canal Zone, and the

Virgin Islands are subject to the provisions of section 508 of

title 28, United States Code [now this section.]"

SALARY LIMITATIONS

Acts Aug. 5, 1953, ch. 328, title II, Sec. 202, 67 Stat. 375;

July 2, 1954, ch. 456, title II, Sec. 202, 68 Stat. 421, which

prescribed salary limitations, were repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 657.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 594 of this title.

-End-

-CITE-

28 USC Sec. 549 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 549. Expenses

-STATUTE-

Necessary office expenses of United States attorneys shall be

allowed when authorized by the Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. 509. [None].

--------------------------------------------------------------------

The second paragraph of former section 509 is omitted as it was

superseded by the Travel Expense Act of 1949, which is codified in

subchapter I of chapter 57 of title 5, United States Code.

The second paragraph was based in part on former section 73 of

title 5, 1940 ed., which was superseded by the Subsistence Expense

Act of 1926.

Section 6 of the Travel Expense Act of 1949, which is codified in

section 5706 of title 5, United States Code, substantially

reenacted former section 73 of title 5, 1940 ed., which was

repealed by the Act of June 25, 1948, ch. 646, by which title 28

was originally enacted. The purpose of section 6 was to allow

reimbursement for only such actual and necessary travel expenses

incurred unless otherwise permitted by the Act of 1949 itself or by

laws relating to the military. Section 6 did not, however, provide

for the exception of United States attorneys as did former section

73.

Sections 2 and 3 of the Act of 1949, which are codified in

sections 5701 and 5702 of title 5, United States Code, defined the

coverage of the Act and allowed for specific exclusions in the

legislative and judicial branches but did not mention an exclusion

in the executive branch for United States attorneys.

Section 7 of the 1949 Act, which is codified in section 5707 of

title 5, United States Code, expressly vested in the Director of

the Bureau of the Budget the authority to prescribe regulations

covering travel allowances and the reimbursement of travel

expenses.

Section 8 of the 1949 Act, which is codified in section 5708(1),

(2) of title 5, United States Code, made specific exclusions from

the coverage of the Act, and United States attorneys were not so

excluded.

Section 9 of the 1949 Act, which is codified in section 5708(3),

(4) of title 5, United States Code, modified acts inconsistent with

the 1949 Act, and specifically mentioned acts which authorize

reimbursement of "actual and necessary" expenses.

1948 ACT

Prior section 509. - Based on sections 73 and 318 of title 5,

U.S.C., 1940 ed., Executive Departments and Government Officers and

Employees, and title 28, U.S.C., 1940 ed., Secs. 586, 587 and 592

(R.S. Secs. 368, 833, 834; Mar. 3, 1875, ch. 133, Sec. 1, 18 Stat.

452; May 28, 1896, ch. 252, Secs. 13, 14, 24, 29 Stat. 183, 186;

Mar. 4, 1907, ch. 2918, Sec. 1, 34 Stat. 1360; May 27, 1908, ch.

200, Sec. 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, Sec. 291, 36

Stat. 1167; July 1, 1918, ch. 113, Sec. 1, 40 Stat. 683; July 19,

1919, ch. 24, Sec. 1, 41 Stat. 209; Dec. 24, 1942, ch. 825, Sec. 3,

56 Stat. 1089).

Section consolidates parts of sections 73 and 318 of title 5,

U.S.C., 1940 ed., and of sections 586, 587, and 592 of title 28,

U.S.C., 1940 ed.

First paragraph of this section is from section 587 of title 28,

U.S.C., 1940 ed., which did not apply to Alaska because of the

restriction in section 591 of said title 28. However, the latter

section has been superseded, in that respect, by subsequent

appropriation acts, the latest being act July 5, 1946, ch. 541,

title II, 60 Stat. 460, which specifically allows office expenses

for United States attorneys in Alaska. This section applies to all

United States attorneys.

Section 73 of title 5, U.S.C., 1940 ed., allowed only actual

traveling expenses to Government employees, except "district

attorneys," marshals and clerks of courts and their deputies. It

has been superseded by the Subsistence Expense Act of 1926. See

sections 821 et seq. of said title 5.

References in section 592 of title 28, U.S.C., 1940 ed., to

absence "from their respective official residences" and to going to

and returning from attendance before courts, etc., were omitted as

surplusage and covered by the phrase "on official business."

Language relating to Standardized Government Travel Regulations was

also omitted as the reference in this section is to the provision

in the Subsistence Expense Act, supra, authorizing those

regulations. Verification under oath provision was omitted as

covered by section 553 [see Prior Provisions note for that section]

of this title which simplifies procedure by requiring payment upon

certification by the payee. The penal provisions of title 18 are

ample protection against fraud and an oath alone is no deterrent.

The requirement in section 592 of title 28, U.S.C., 1940 ed.,

that the marshals should include such payments in their accounts

for auditing and allowance, was omitted as unnecessary. See section

541 et seq. [now section 561 et seq.] of this title and section 71

et seq. of title 31, U.S.C., 1940 ed.

Section 318 of title 5, U.S.C., 1940 ed., required the Attorney

General to supervise the accounts of "district" attorneys,

marshals, clerks, and other court officers. The language of this

section covers that requirement. The provision as to marshals is

incorporated in section 547 [see Prior Provisions note under that

section] of this title.

Quarterly expense accounts were required of United States

attorneys and marshals by section 586 of title 28, U.S.C., 1940 ed.

Such provision is omitted as unnecessary in view of this section

and section 547 [see Prior Provisions note under that section] of

this title. Further provisions of said section 586 that office

expenses of United States attorneys, assistants, and marshals

should be allowed under regulations of the Attorney General and

verified under oath, are simplified by this section and section 550

[see Prior Provisions note under that section] of this title.

Another provision that accounts therefor should be submitted to,

examined by the district court and, when approved by the court then

audited and allowed by law, was omitted. The power of the Attorney

General is sufficient. The reference to audit and allowance was

unnecessary as covered by section 71 et seq. of title 31, U.S.C.,

1940 ed., Money and Finance. Said section 586 applied also to

marshals and deputies and those provisions are incorporated in

section 550 [see Prior Provisions note under that section] of this

title.

The exception in sections 586 and 591 of title 28, U.S.C., 1940

ed., that the former should not apply in Alaska was omitted as

unnecessary. Section 114 of title 48, U.S.C., 1940 ed., Territories

and Insular Possessions, requires travel expense accounts to be

rendered and paid as in other districts.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 549, act June 25, 1948, ch. 646, 62 Stat. 912,

related to the marshal's power as a sheriff, prior to repeal by

Pub. L. 89-554, Sec. 8(a), and reenactment in section 570 of this

title by section 4(c) of Pub. L. 89-554.

-End-

-CITE-

28 USC Sec. 550 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 35 - UNITED STATES ATTORNEYS

-HEAD-

Sec. 550. Clerical assistants, messengers, and private process

servers

-STATUTE-

The United States attorneys may employ clerical assistants,

messengers, and private process servers on approval of the Attorney

General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619;

amended Pub. L. 101-647, title XXXVI, Sec. 3626(a), Nov. 29, 1990,

104 Stat. 4965.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. 510. [None].

--------------------------------------------------------------------

The words "and at salaries fixed by" are omitted as superseded by

the Classification Act of 1949, as amended, which is codified in

chapter 51 and subchapter III of chapter 53 of title 5, United

States Code.

1948 ACT

Prior section 510. - Based on title 28, U.S.C., 1940 ed., Secs.

484, 593 (May 28, 1896, ch. 252, Sec. 15, 29 Stat. 183; June 30,

1906, ch. 3914, Sec. 1, 34 Stat. 753; July 19, 1919, ch. 24, Sec.

1, 41 Stat. 209).

Section consolidates and simplifies sections 484 and 593 of title

28, U.S.C., 1940 ed. For provisions with respect to classified

civil service, see sections 631-684 of title 5, U.S.C., 1940 ed.,

Executive Departments and Government Officers and Employees.

Section 593 of title 28, U.S.C., 1940 ed., related to clerks and

messengers in the office of United States attorney, southern

district of New York. Section 484 of title 28, U.S.C., 1940 ed.,

related to clerical assistants for all United States attorneys. It

was not affected by section 678 of title 5 U.S.C. 1940 ed.,

Executive Departments and Government Officers and Employees,

according to a Department of Justice interpretation.

Provision of said section 593 for office expenses of United

States attorneys is covered by section 509 [now 549] of this title.

Said section 593 also required that payment of salaries of such

clerks and messengers be made by the disbursing clerk of the

Department of Justice. Under section 550 [see Prior Provisions note

below] of this title the marshals will make such payments including

the office expenses of United States attorneys.

The restriction that section 484 of title 28, U.S.C., 1940 ed.,

did not apply to Alaska is omitted as unnecessary since section 109

of title 48, U.S.C., 1940 ed., Territories and Insular Possessions,

authorizes employment of clerical assistants to United States

attorneys in Alaska by the Attorney General.

The provision in such section 484 of title 28, U.S.C., 1940 ed.,

that the need for clerical assistants be certified by the district

judge, was omitted as unnecessary. The need may be determined by

the Attorney General.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 550, acts June 25, 1948, ch. 646, 62 Stat. 912;

Sept. 9, 1959, Pub. L. 86-243, Sec. 2, 73 Stat. 474, related to

disbursement of salaries and expenses, prior to repeal by Pub. L.

89-554, Sec. 8(a), and reenactment in section 571 of this title by

section 4(c) of Pub. L. 89-554.

A prior section 551, act June 25, 1948, ch. 646, 62 Stat. 912,

related to the collection of fees by United States marshals, prior

to repeal by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.

663, and reenactment in section 572 of this title by section 4(c)

of Pub. L. 89-554.

A prior section 552, act June 25, 1948, ch. 646, 62 Stat. 912,

related to the fixing of salaries of United States marshals, their

deputies and assistants, by the Attorney General, prior to repeal

by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and

reenactment in section 571 of this title by section 4(c) of Pub. L.

89-554.

A prior section 553, acts June 25, 1948, ch. 646, 62 Stat. 912;

May 24, 1949, ch. 139, Sec. 72, 63 Stat. 100; Aug. 4, 1955, ch.

550, 69 Stat. 492; Aug. 14, 1961, Pub. L. 87-139, Sec. 5, 75 Stat.

340, related to expenses of marshal, prior to repeal by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in

section 567 of this title by section 4(c) of Pub. L. 89-554.

A prior section 554, act June 25, 1948, ch. 646, 62 Stat. 913,

related to the delivery of prisoners to the successor marshal,

prior to repeal by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 663, and reenactment in section 573 of this title by section

4(c) of Pub. L. 89-554.

A prior section 555, act June 25, 1948, ch. 646, 62 Stat. 913,

related to the delivery of all unserved process to the successor

marshal or his deputies, prior to repeal by Pub. L. 89-554, Sec.

8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 574

of this title by section 4(c) of Pub. L. 89-554.

A prior section 556, act June 25, 1948, ch. 646, 62 Stat. 913,

related to the prohibition of the practice of law by a marshal or

deputy marshal, prior to repeal by Pub. L. 89-554, Sec. 8(a), Sept.

6, 1966, 80 Stat. 663, and reenactment in section 575 of this title

by section 4(c) of Pub. L. 89-554.

AMENDMENTS

1990 - Pub. L. 101-647 substituted ", messengers, and private

process servers" for "and messengers" in section catchline and

text.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-647 effective 180 days after Nov. 29,

1990, see section 3631 of Pub. L. 101-647, set out as an Effective

Date note under section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 594 of this title.

-End-