28 U.S.C. § 547 — Duties

Page 233 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 547 ‘‘(a) IN GENERAL.—The amendments made by this Act [amending this section] shall take effect on the date of enactment of this Act [June 14, 2007]. ‘‘(b) APPLICATION.— ‘‘(1) IN GENERAL.—Any person serving as a United States attorney on the day before the date of enact- ment of this Act [June 14, 2007] who was appointed under section 546 of title 28, United States Code, may serve until the earlier of— ‘‘(A) the qualification of a United States attorney for such district appointed by the President under section 541 of that title; or ‘‘(B) 120 days after the date of enactment of this Act. ‘‘(2) EXPIRED APPOINTMENTS.—If an appointment ex- pires under paragraph (1), the district court for that district may appoint a United States attorney for that district under section 546(d) of title 28, United States Code, as added by this Act.’’ § 547. Duties 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 forfeit- ures 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 Gen- eral may direct. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 28 U.S.C. 507(a). [None]. 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 De- partments 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., §§ 485, 486, 487, 488, 489 (R.S. §§ 362, 363, 373, 374, 377, 379–381, 771–775, 838; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 241; Apr. 9, 1910, ch. 152, 36 Stat. 294; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; May 10, 1934, ch. 277, § 512, 48 Stat. 758; Aug. 27, 1935, ch. 748, § 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 offi- cers 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 appro- priate 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 sub- sections (a)(1)–(4) of this section. Use of ‘‘revenue law’’ in subsection (a)(4) in this sec- tion, 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 Crimi- nal Code. The following sections of said title 5, U.S.C., 1940 ed., are superseded by, covered by, or inconsistent with sub- section (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 super- vising the work of United States attorneys in connec- tion with suits by or against the United States exer- cised 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 exam- ine 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 in- struct United States attorneys, marshals and clerks in all matters relating to suits, except for taxes, forfeit- ures 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 su- pervision 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 au- thority 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 ap- proval 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 Pro- visions note below] of this title. Provisions of section 327 of title 5, U.S.C., 1940 ed., re- lating to establishment of regulations for the observ- ance of collectors of the customs, by the General Coun- sel for the Department of the Treasury, with the appro- bation 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 sub- section (a)(5) of this section. The authority of the At- torney 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 incor- porated 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 di- rection 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. Page 234 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 548 Section 331 of title 5, U.S.C., 1940 ed., requiring United States attorneys to obey directions of the De- partment of Justice in suits for money due the Post Of- fice Department, is covered also by subsection (a)(2) of this section. Changes in arrangement and phraseology were made. Editorial Notes PRIOR PROVISIONS A prior section 547, acts June 25, 1948, ch. 646, 62 Stat. 912; Oct. 18, 1962, Pub. L. 87–845, § 8, 76A Stat. 699, re- lated to powers and duties of marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 569 of this title by section 4(c) of Pub. L. 89–554. § 548. Salaries Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual sala- ries 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. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618; amended Pub. L. 98–473, title II, § 1701(a) Oct. 12, 1984, 98 Stat. 2184.) 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 sub- stituted 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 Govern- ment Officers and Employees, and title 28, U.S.C., 1940 ed., §§ 579 and 580 (R.S. § 363; May 28, 1896, ch. 252, §§ 8, 24, 29 Stat. 181, 186; Mar. 3, 1903, ch. 1007, § 1, 32 Stat. 1141; Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1360; May 27, 1908, ch. 200, § 1, 35 Stat. 375; July 19, 1919, ch. 24, § 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 as- sistants, while section 312 of title 5, U.S.C., 1940 ed., provided for a contractual arrangement for compensa- tion of special attorneys. According to a Department of Justice interpretation, provisions for specific salaries were superseded by sec- tion 678 of title 5, which provides for adjustment of compensation by heads of departments. Hence, this sec- tion leaves the amount of compensation to the Attor- ney 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 addi- tion 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 sec- tion] of this title. Editorial Notes 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, § 8(a). AMENDMENTS 1984—Pub. L. 98–473 amended section generally, sub- stituting ‘‘rate of basic compensation provided for Ex- ecutive 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 sec- tion 5332 of title 5’’. Statutory Notes and Related Subsidiaries SALARY INCREASES 1969—Increase in the rates of pay of United States At- torneys and Assistant United States Attorneys whose annual salaries are fixed pursuant to this section, effec- tive on the first day of the first pay period which be- gins 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, for- merly set out as a note under section 5332 of Title 5, Government Organization and Employees. 1967—Pub. L. 90–206, title II, § 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 in- creased, 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 pro- vided 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 be- ginning 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, § 108(a), July 18, 1966, 80 Stat. 293, provided that: ‘‘The rates of basic compensa- tion 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 in- creased, 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 sec- tion 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, § 15(a), Oct. 29, 1965, 79 Stat. 1122, provided that: ‘‘The rates of basic compensation of as- sistant 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, § 1003(b), Oct. 11, 1962, 76 Stat. 866, provided that: ‘‘The rates of basic compensation of as- sistant United States attorneys whose basic salaries are fixed by section 508 of title 28, United States Code, [now this section], shall be increased by 71⁄2 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].’’