28 U.S.C. § 548 — Salaries

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].’’ 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-