28 U.S.C. § 549 — Expenses

Page 235 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 549 COMPENSATION OF INCUMBENT UNITED STATES ATTORNEYS AND ASSISTANT UNITED STATES ATTORNEYS Pub. L. 88–426, § 306(a)(2), Aug. 14, 1962, 78 Stat. 428, as amended by Pub. L. 88–631, § 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, Govern- ment Organization and Employees], each incumbent United States attorney and assistant United States at- torney shall be paid compensation at a rate equal to that of attorneys of comparable responsibility and pro- fessional qualifications, as determined by the Attorney General, whose compensation is prescribed in the Gen- eral 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, § 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, § 202, 67 Stat. 375; July 2, 1954, ch. 456, title II, § 202, 68 Stat. 421, which prescribed salary limitations, were repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657. § 549. Expenses Necessary office expenses of United States at- torneys shall be allowed when authorized by the Attorney General. (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. 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 The second paragraph of former section 509 is omitted as it was superseded by the Travel Expense Act of 1949, which is codified in subchapter I of chapter 57 of title 5, United States Code. The second paragraph was based in part on former section 73 of title 5, 1940 ed., which was superseded by the Subsistence Expense Act of 1926.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section 5706 of title 5, United States Code, substantially reenacted former section 73 of title 5, 1940 ed., which was repealed by the Act of June 25, 1948, ch. 646, by which title 28 was originally enacted.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 pur- pose of section 6 was to allow reimbursement for only such actual and necessary travel expenses incurred un- less otherwise permitted by the Act of 1949 itself or by laws relating to the military. Section 6 did not, how- ever, provide for the exception of United States attor- neys 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 men- tioned 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 Govern- ment Officers and Employees, and title 28, U.S.C., 1940 ed., §§ 586, 587 and 592 (R.S. §§ 368, 833, 834; Mar. 3, 1875, ch. 133, § 1, 18 Stat. 452; May 28, 1896, ch. 252, §§ 13, 14, 24, 29 Stat. 183, 186; Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1360; May 27, 1908, ch. 200, § 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; July 1, 1918, ch. 113, § 1, 40 Stat. 683; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Dec. 24, 1942, ch. 825, § 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 lat- est 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 ac- tual traveling expenses to Government employees, ex- cept ‘‘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 provi- sion in the Subsistence Expense Act, supra, authorizing those regulations. Verification under oath provision was omitted as covered by section 553 [see Prior Provi- sions note for that section] of this title which sim- plifies procedure by requiring payment upon certifi- cation 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 At- torney 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 unneces- sary in view of this section and section 547 [see Prior Provisions note under that section] of this title. Fur- ther 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 ac- counts 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 sec- tion 71 et seq. of title 31, U.S.C., 1940 ed., Money and Fi- Page 236 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 550 nance. Said section 586 applied also to marshals and deputies and those provisions are incorporated in sec- tion 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. Editorial Notes 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, § 8(a), and reenactment in sec- tion 570 of this title by section 4(c) of Pub. L. 89–554. § 550. Clerical assistants, messengers, and private process servers The United States attorneys may employ cler- ical assistants, messengers, and private process servers on approval of the Attorney General. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619; amended Pub. L. 101–647, title XXXVI, § 3626(a), Nov. 29, 1990, 104 Stat. 4965.) 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 amend- ed, 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., §§ 484, 593 (May 28, 1896, ch. 252, § 15, 29 Stat. 183; June 30, 1906, ch. 3914, § 1, 34 Stat. 753; July 19, 1919, ch. 24, § 1, 41 Stat. 209). Section consolidates and simplifies sections 484 and 593 of title 28, U.S.C., 1940 ed. For provisions with re- spect 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 at- torney, 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 Depart- ments and Government Officers and Employees, accord- ing 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 sala- ries of such clerks and messengers be made by the dis- bursing clerk of the Department of Justice. Under sec- tion 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 cer- tified by the district judge, was omitted as unneces- sary. The need may be determined by the Attorney General. Changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 550, acts June 25, 1948, ch. 646, 62 Stat. 912; Sept. 9, 1959, Pub. L. 86–243, § 2, 73 Stat. 474, related to disbursement of salaries and expenses, prior to re- peal by Pub. L. 89–554, § 8(a), and reenactment in sec- tion 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, § 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 Attor- ney General, prior to repeal by Pub. L. 89–554, § 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, § 72, 63 Stat. 100; Aug. 4, 1955, ch. 550, 69 Stat. 492; Aug. 14, 1961, Pub. L. 87–139, § 5, 75 Stat. 340, related to expenses of marshal, prior to repeal by Pub. L. 89–554, § 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, § 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, § 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, § 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 sec- tion catchline and text. Statutory Notes and Related Subsidiaries 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. CHAPTER 37—UNITED STATES MARSHALS SERVICE Sec. 561. United States Marshals Service. 562. Vacancies. 563. Oath of office. 564. Powers as sheriff. 565. Expenses of the Service. 566. Powers and duties. 567. Collection of fees; accounting. 568. Practice of law prohibited. 569. Reemployment rights. [570, 571. Repealed.] [572. Renumbered.] [572a to 574. Repealed.] [575, 576. Renumbered.]