28 U.S.C. § 567 — Collection of fees; accounting

Page 240 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 567 or her family members face risk of harm as a result of the Federal prosecutor’s government service and as ap- propriate. (b) The regulation proposed pursuant to this section shall: (i) include with the special deputation the power to possess and carry firearms but not include law enforce- ment powers such as the power to make arrests for vio- lations of Federal law and the court-related duties of United States Marshals; and (ii) require appropriate training in firearm safety and use as a condition to any special deputation. (c) Within 30 days of the date of this order, the Attor- ney General shall revise other Department policies to permit special deputation consistent with subsections (a) and (b) of this section to the extent consistent with applicable law. SEC. 4. Expanding the Federal Government’s Protection of Judges, Prosecutors, and Law Enforcement Officers. (a) The Attorney General shall direct the Director of the Marshals Service to prioritize the protection of Federal judges and Federal prosecutors. (b) The Attorney General shall prioritize the inves- tigation and prosecution of Federal crimes involving actual or threatened violence against judges, prosecu- tors, or law enforcement officers or their family mem- bers, if the family member was targeted because of that person’s relation to a judge, prosecutor, or law enforce- ment officer. (c) The Attorney General and Secretary of Homeland Security shall coordinate a review within the executive branch to assess the feasibility, as appropriate and con- sistent with applicable law, of facilitating the removal of, or minimizing the availability of, personally identi- fiable information appearing in public sources of judges, prosecutors, and law enforcement officers em- ployed by the Federal Government, and shall use the results of this review to inform such persons of related security vulnerabilities. (d) Within 30 days of the date of this order, the Attor- ney General shall assess the need to revise subsection 0.111(e) of title 28, Code of Federal Regulations, to pro- tect Federal prosecutors. If any revision is needed, the Attorney General shall take immediate steps to issue a proposed rule that would amend section 0.111(e) accord- ingly. (e) The heads of all agencies shall examine the extent to which they collect personally identifiable informa- tion from judges, prosecutors, or law enforcement offi- cers, and as appropriate and consistent with applicable law, allow such persons to provide a Post Office box ad- dress in lieu of home address information. SEC. 5. Proposing Legislation to Enhance the Protection of Judges, Prosecutors, and Law Enforcement Officers. (a) Within 30 days of the date of this order, the Attorney General shall develop and propose Federal legislation providing additional protection for judges, prosecutors, and law enforcement officers. (b) The proposed legislation described in subsection (a) of this section shall: (i) authorize current and former Federal judges and current and former Federal prosecutors to possess or carry firearms when they or their family members face risk of harm as a result of their Federal government service, irrespective of Federal, State, and local laws which may restrict the possession or carrying of fire- arms; (ii) promote the removal and minimization of person- ally identifiable information from public websites and records of current and former judges, prosecutors, and law enforcement officers, as appropriate and as allowed under the Constitution; (iii) expand the ability of judges, prosecutors, and law enforcement officers to use Post Office box addresses in lieu of home address information; (iv) authorize additional appropriations and author- ity for the Department of Homeland Security, Marshals Service, and Federal Bureau of Investigation, including appropriations to hire and train additional personnel and authority for agencies to respond to both civil un- rest and threats to Federal courthouses; (v) increase penalties for threatened and actual vio- lence against Federal judges, prosecutors, and law en- forcement officers and their families, including pro- viding that violence against a Federal judge, pros- ecutor, or law enforcement officer’s family member shall be punished as though the act was committed against the Federal judge, prosecutor, or law enforce- ment officer if the family member was targeted because of that person’s relation to a Federal judge, prosecutor, or law enforcement officer; (vi) prevent State and local governments from ob- structing the ability of qualified law enforcement offi- cers and qualified retired law enforcement officers, as those terms are defined by the LEOSA, from carrying a concealed firearm pursuant to the LEOSA, including by refusing to issue identification documents; and (vii) propose other amendments to strengthen the LEOSA, if appropriate. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 567. Collection of fees; accounting (a) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys. (b) The marshal’s accounts of fees and costs paid to a witness or juror on certificate of at- tendance issued as provided by sections 1825 and 1871 of this title may not be reexamined to charge him for an erroneous payment of the fees or costs. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 621, § 572; renumbered § 567, Pub. L. 100–690, title VII, § 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 28 U.S.C. 551. [None]. In subsection (b), the words ‘‘may not’’ are sub- stituted for ‘‘shall not’’. 1948 ACT Prior section 551.—Based on title 28, U.S.C., 1940 ed., §§ 577, 578a (R.S. § 846; May 28, 1896, ch. 252, §§ 6, 13, 24, 29 Stat. 179, 183, 186; May 27, 1908, ch. 200, § 1, 35 Stat. 375; June 6, 1930, ch. 409, 46 Stat. 522; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736). Section consolidates first sentence of section 577 with section 578a of title 28, U.S.C., 1940 ed., with changes of phraseology necessary to effect consolidation. Other provisions of said section 577 are incorporated in sec- tion 1929 of this title. The qualification that payments of witness fees or costs be made upon ‘‘order of court,’’ contained in said section 577 of title 28, U.S.C., 1940 ed., was omitted as obsolete and suitable reference was made to sections 1825 and 1871 of this title under which payments are now made on certificates of attendance. Section 578a of title 28, U.S.C., 1940 ed., is rewritten in simplified terms without change of substance. The Page 241 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§§ 570, 571 proviso of such section 578a, prohibiting the collection of fees from the United States, was omitted as covered by section 2412 of this title, providing that the United States should be liable only for fees when such liability is expressly provided by Congress. The provision of section 578a of title 28, U.S.C., 1940 ed., requiring that fees and emoluments collected by the marshal shall be deposited by him in accordance with the provisions of section 495 of title 31, U.S.C., 1940 ed., Money and Finance, was omitted as said section 495 governs such deposits without implementation in this section. Editorial Notes PRIOR PROVISIONS A prior section 567, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, related to expenses of marshals, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See sec- tion 565 of this title. AMENDMENTS 1988—Pub. L. 100–690 renumbered section 572 of this title as this section. § 568. Practice of law prohibited A United States marshal or deputy marshal may not practice law in any court of the United States. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 621, § 575; renumbered § 568, Pub. L. 100–690, title VII, § 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 28 U.S.C. 556. [None]. The words ‘‘may not’’ are substituted for ‘‘shall not’’. 1948 ACT Prior section 556.—Based on title 28, U.S.C., 1940 ed., §§ 395 and 396 (Mar. 3, 1911, ch. 231, §§ 273, 274, 36 Stat. 1164). Section consolidates parts of sections 395 and 396 of title 28, U.S.C., 1940 ed. Similar provisions in said sec- tions, relating to clerks, are incorporated in section 955 of this title. The revised section substitutes, as simpler and more appropriate, the prohibition against practice of law ‘‘in any court of the United States’’ for the more involved language of section 395 of title 28, U.S.C., 1940 ed., which provided that no clerks or marshals, deputies, or assistants within the district for which appointed ‘‘shall act as solicitor, proctor, attorney or counsel, in any cause depending in any of said courts, or in any district for which he is acting as such officer.’’ Provisions of section 396 of title 28, U.S.C., 1940 ed., for striking the name of an offender from the roll of at- torneys and for recommendation of dismissal, were omitted as unnecessary and as covered by section 541 of this title. Changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 568, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, related to availability of appropria- tions for transfer of prisoners to narcotic farms, prior to repeal by Pub. L. 100–690, § 7608(a)(1). AMENDMENTS 1988—Pub. L. 100–690 renumbered section 575 of this title as this section. § 569. Reemployment rights (a) A United States marshal for a judicial dis- trict who was appointed from a position in the competitive service (as defined in section 2102 of title 5) in the United States Marshals Service and who, for reasons other than misconduct, ne- glect of duty, or malfeasance, is removed from such office, is entitled to be reemployed in any vacant position in the competitive service in the United States Marshals Service at the same grade or pay level, or lower, as the individual’s former position if— (1) the individual is qualified for the vacant position; and (2) the individual has made application for the position not later than ninety days after being removed from office as a United States marshal. Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under section 7701 of title 5. (b) Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner re- moved by the President. (Added Pub. L. 98–473, title II, § 1211(a), Oct. 12, 1984, 98 Stat. 2163, § 576; renumbered § 569, Pub. L. 100–690, title VII, § 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.) Editorial Notes REFERENCES IN TEXT The effective date of this section, referred to in sub- sec. (b), is Oct. 1, 1984. See Effective Date note set out below. PRIOR PROVISIONS A prior section 569, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620; amended Pub. L. 95–598, title II, § 221, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 96–417, title V, § 501(12), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 99–466, § 3(a), Oct. 14, 1986, 100 Stat. 1191, related to powers and duties generally and supervision by the Attorney General, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See sec- tion 566 of this title. AMENDMENTS 1988—Pub. L. 100–690 renumbered section 576 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–473, title II, § 1212, Oct. 12, 1984, 98 Stat. 2163, provided that: ‘‘The amendments made by this subpart [subpart B (§§ 1211, 1212) of part F of chapter XII of title II of Pub. L. 98–473, enacting this section] shall take effect on October 1, 1984.’’ [§§ 570, 571. Repealed. Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512] Section 570, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, granted United States marshals the power of a sheriff in executing laws of the United States in a State. See section 564 of this title.