CROSS REFERENCES United States attorney for Guam, this chapter as applicable, see section 1424b of Title 48, Territories and Insular Possessions. §501. Appointment of United States attorneys. The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. (June 25, 1948, ch, 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86-3, 11(a), 73 Stat. 9.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., 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., § 767; June 26, 1876, ch. 147, §§ 1, 4, 19 Stat. 61, 62; Feb. 24, 1879, ch. 97, § 8, 20 Stat. 320; Mar. 3, 1881, ch. 144, § 7, 21 Stat. 507; Apr. 25, 1882, ch. 87, §§ 1, 3, 22 Stat. 47; July 20, 1882, ch. 312, § 3, 22 Stat. 172; Aug. 5, 1886, ch. 928, § 7, 24 Stat. 309; Feb. 22, 1889, ch. 180, § 21, 25 Stat. 682; July 3, 1890, ch. 656, § 16, 26 Stat. 217; July 10, 1890, ch. 664, 16, 26 Stat. 225; Mar. 3, 1893, ch. 220, 27 Stat. 745; July 16, 1894, ch. 138, §§ 14, 16, 28 Stat. 110, 111; June 24, 1898, ch. 495, 1, 30 Stat. 487; Apr. 12, 1900, ch. 191, § 34, 31 Stat. 85; Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; May 12, 1900, ch. 391, § 9, 31 Stat. 176; Jan. 22, 1901, ch. 105, I 4, 7, 31 Stat. 736, 737; Feb. 12, 1901, ch. 355, §§ 5, 7, 31 Stat. 782; Mar. 2, 1901, ch. 801, §§ 3, 5, 31 Stat. 881; Mar. 3, 1901, ch. 854, § 183, 31 Stat. 1220; Mar. 11, 1902, ch. 183, §§ 5, 6, 32 Stat. 66; June 30, 1902, ch. 1829, 32 Stat. 527; Mar. 2, 1905, ch. 1305, §§ 4, 6, 33 Stat. 824; Mar. 3, 1905, ch. 1427, §§ 13, 15, 19, 33 Stat. 995, 996; June 16, 1906, ch. 3335, § 13, 34 Stat. 275; Mar. 3, 1909, ch. 269, 1, 35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 3, 1915, ch. 100, §§ 3, 4, 38 Stat. 961; Mar. 2, 1917, ch. 145, 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; May 28, 1926, ch. 414, § 2 (b), 44 Stat. 672; Apr. 21, 1928, ch. 393, 45 Stat. 437; Mar. 26, 1928, ch. 51, § 2, 52 Stat. 118). Section consolidates section 481 of title 28, U. 8. O., 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, § 7, 24 Stat. 309; July 3, 1890, ch. 656, 16, 26 Stat. 217; July 10, 1890, ch. 664, § 16, 26 Stat. 225, and Acts of July 20, 1882, ch. 312, § 3, 22 Stat. 172; Mar. 3, 1915, ch. 100, § 3, 38 Stat. 961; May 28, 1926, ch. 414, § 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., § 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, and 541, of this title. Changes were made in phraseology. AMENDMENTS 1959-Pub. L. 86-3 eliminated provisions that restricted eligibility for appointment as United States attorney for the district of Hawaii to citizens of the Territory of Hawaii who have resided therein for at least three years. EFFECTIVE DATE OF 1959 AMENDMENT Section 11 of Pub. L. 86-3 provided in part that the amendments of this section, section 504(a) and 541(c) of this title, and the repeal of section 541(d) of this title, shall be effective upon the admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions. TRANSFER OF FUNCTIONS All functions of all officers of the Department of Justice and all functions of all agencies and employees of the Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. United States attorneys are officers in the Department of Justice. CROSS REFERENCES Guam and Virgin Islands, appointment of district or United States attorneys, see sections 1424b and 1817 of Title 48, Territories and Insular Possessions. 8502. Appointment of assistant United States attorneys. The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires. (June 25, 1948, ch. 646, 62 Stat. 909.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 483, 594 (May 28, 1896, ch. 252, § 8, 29 Stat. 181; July 19, 1919, ch. 24, § 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 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 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 of this title. Changes were made in phraseology. TRANSFER OF FUNCTIONS All functions of all officers of the Department of Justice and all functions of all agencies and employees of the Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. Assistant United States attorneys are officers in the Department of Justice. CROSS REFERENCES Virgin Islands, United States attorney and assistant, appointment, compensation, duties, etc., see section 1617 of Title 48, Territories and Insular Possessions. § 503. Appointment of attorneys. The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires. (June 25, 1948, ch. 646, 62 Stat. 909.) LEGISLATIVE HISTORY Reviser's Note.-Based on section 312 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees (R. S. § 363). Other provisions of section 312 of title 5, U. S. C., 1940 ed., are incorporated in sections 507 and 508 of this title. Changes were made in phraseology. CROSS REFERENCES Virgin Islands, United States attorney and assistant, appointment, compensation, duties, etc., see section 1617 of Title 48, Territories and Insular Possessions. § 504. Tenure and oath of office; removal. (a) The United States attorney for each judicial district shall be appointed for a term of four years. Upon 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. (b) Each United States attorney shall be subject to removal by the President. Each assistant United States attorney and each attorney appointed under section 503 of this title shall be subject to removal by the Attorney General. (c) Each of such officials, before taking office, shall take an oath to execute faithfully his duties. (June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86-3, § 11(b), 73 Stat. 9.) LEGISLATIVE HISTORY Reviser's Note.-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., § 482, and sections 643 and 863 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions (R. S. §§ 366, 769; June 24, 1898, ch. 495, § 1, 30 Stat. 487; Apr. 12, 1900, ch. 191, § 34, 31 Stat. 85; Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 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, § 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 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 and 541 of this title. Other changes were made in phraseology. AMENDMENTS 1959-Subsec. (a). Pub. L. 86-3 eliminated provisions which authorized appointment of United States attorney for the district of Hawaii for six years. EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-3 effective upon the admission of the State of Hawaii into the Union, see note set out under section 501 of this title. Admission of Hawaii into the Union was acomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of the Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. United States attor neys and assistant United States attorneys are officers in the Department of Justice. CROSS REFERENCES Guam and Virgin Islands district or United States attorneys, tenure, see sections 1424b and 1617 of Title 48, Territories and Insular Possessions. § 505. Residence. Each United States attorney and assistant United States attorney must reside in the district for which he is appointed, except that such officers of the District of Columbia and the Southern District of New York may reside within twenty miles of the District. 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. (June 25, 1948, ch. 646, 62 Stat. 909.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 524 (June 20, 1874, ch. 328, § 2, 18 Stat. 109; May 28, 1896, ch. 252, §§ 8, 12, 29 Stat. 181, 183; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 14, 1941, ch. 203, §§ 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) 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 of this title. Other provisions of section 524 of title 28, U. S. C., 1940 ed., were incorporated in sections 541 and 751 of this title. Changes were made in phraseology. CROSS REFERENCES Virgin Islands, United States attorney and assistant, appointment, compensation, duties, etc., see section 1617 of Title 48, Territories and Insular Possessions. §506. Vacancies. 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. (June 25, 1948, ch. 646, 62 Stat. 909.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 511 (R. S. § 793; June 24, 1898, ch. 495, § 2, 30 Stat. 487; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Words "United States attorney" were substituted for "district attorney." (See Reviser's Note under section 501 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 of this title. Changes were made in phraseology. Virgin Islands, United States attorney and assistant, appointment, compensation, duties, etc., see section 1617 of Title 48, Territories and Insular Possessions. $507. Duties; supervision by Attorney General. (a) Except as otherwise provided by law, it shall .be the duty of each United States attorney, within his district, to: (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 such 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 upon investigation that justice does not require such proceedings; (5) Make such reports as the Attorney General shall direct. (b) The Attorney General shall have supervision over all litigation to which the United States or any agency thereof is a party and shall direct all United States attorneys, assistant United States attorneys, and attorneys appointed under section 503 of this title, in the discharge of their respective duties. (June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100.) LEGISLATIVE HISTORY Reviser's Note.-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., §§ 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 and 508 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 botli 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, 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 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 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 and that as to marshals is covered by section 547 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 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 817, is incorporated in section 547 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. AMENDMENTS 1949 Subsec. (a). Act May 24, 1949 inserted "Except as otherwise provided by law”. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. United States attorneys are officers in the Department of Justice. CROSS REFERENCES Area redevelopment program activities, subsec. (b) of this section as applicable, see section 2511(11) of Title 42, The Public Health and Welfare. Guam and Virgin Islands district attorneys or United States attorneys, duties, see sections 1424b and 1617 of Title 48, Territories and Insular Possessions. Bankruptcy offenses, duties of United States attorneys, see section 3057 of Title 18, Crimes and Criminal Procedure. 8508. Salaries. Subject to subsections (f) and (g) of section 303 of the Federal Executive Salary Act of 1964, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 503 of this title at rates of compensation not in excess of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended. (June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, § 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87793, § 1003 (a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426, title III, § 306(a) (1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88-631, § 3(b), 78 Stat. 1008.) LEGISLATIVE HISTORY Reviser's Note.-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., §§ 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 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. 8. C., 1940 ed., are incorporated in sections 503 and 507 of this title, and other provisions of section 579 of title 28, U. S. C., 1940 ed., are incorporated in section 552 of this title. REFERENCES IN TEXT Subsection (f) of section 303 of the Federal Executive Salary Act of 1964, referred to in the text, is classified to section 2211(f) of Title 5, Executive Departments and Government Officers and Employees. AMENDMENTS 1964-Pub. L. 88-631 substituted "subsections (f) and (g)" for subsection (f)." Pub. L. 88-426 substituted "Subject to subsection (f) of section 303 of the Federal Executive Salary Act of 1964, the Attorney General" for "The Attorney General" and provisions permitting the Attorney General to fix the compensation of the enumerated officers at rates of compensation not in excess of the highest rate in grade 18 of the General Schedule for provisions which limited United States attorneys to not less than $12,000 or more than $20,000, and Assistant United States attorneys and attorneys appointed under section 503 of this title to not more than $17,500. 1962-Pub. L. 87-793 increased the maximum salary of Assistant United States attorneys and attorneys appointed under section 503 of this title from not more than $15,000 to not more than $17,500. 1955-Act Mar. 2, 1955, fixed minimum and maximum salary limitations for the United States attorneys and maximum salary limitations for assistant United States attorneys and attorneys appointed under section 503 of this title. EFFECTIVE DATE OF 1964 AMENDMENTS Amendment of section by Pub. L. 88-631 effective as of the first day of the first pay period which begins on or after July 1, 1964, see section 4 of Pub. L. 88-631, set out as a note under section 2091 of title 5, Executive Department and Government Officers and Employees. Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees. EFFECTIVE Date of 1962 AMENDMENT Amendment of section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793, set out as a note under section 1161 of Title 5, Executive Departments and Government Officers and Employees. EFFECTIVE DATE OF 1955 AMENDMENT Amendment to this section by act Mar. 2, 1955, effective Mar. 1, 1955, see note under section 31 of Title 2, The Congress. COMPENSATION OF INCUMBENT UNITED STATES ATTORNEYS AND ASSISTANT UNITED STATES ATTORNEYS Section 306(a)(2) of Pub. L. 88-426, as amended by Pub. L. 88-631, § 3(c), provided that: "Subject to section 303 (f) and (g) of this Act [section 2211(f) of Title 5], 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 [chapter 21, of Title 5]." 1962 INCREASE OF BASIC COMPENSATION OF ASSISTANT UNITED STATES ATTORNEYS Section 1003 (b) of Pub. L. 87-793 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, shall be increased by 72 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]." ALASKA, CANAL ZONE AND VIRGIN ISLANDS Section 2 (b) of act Mar. 2, 1955, 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." SALARY LIMITATIONS Section 202 of Aug. 5, 1953, ch. 328, title II, 67 Stat. 375, provided that: "In no event shall the annual salary of any United States Attorney be less than $10,000 or more than $15,000 and in no event shall the annual salary of any Assistant United States Attorney or any special attorney or special assistant be less than $6,000, if the official has been admitted to the practice of law for 3 years, or more than $12,000: Provided further, That the maximum of $12,000 shall only apply to the Chief Assistant United States Attorney in each office." The above provision was modified to some extent by act July 2, 1954, ch. 456, title II, § 202, 68 Stat. 421, which provided: "The minimum annual salary of any United States Attorney, any Assistant United States Attorney, or any special attorney or special assistant, as set forth in section 202 of the Department of Justice Appropriation Act, 1954 [quoted above], shall not apply to any such official after June 30, 1954." CROSS REFERENCES Guam and Virgin Islands district attorneys or United States attorneys, compensation, see sections 1424b and 1617 of Title 48, Territories and Insular Possessions. Payment of salaries by marshal, see section 550 of this title. 8509. Expenses. Necessary office expenses of United States attorneys shall be allowed when authorized by the Attorney General. Necessary travel and subsistence expenses of United States attorneys, assistant United States attorneys, and attorneys appointed under section 503 of this title, while absent from their official stations on official business shall be allowed in accordance with regulations promulgated by the Attorney General. (June 25, 1948, ch. 646, 62 Stat. 910.) LEGISLATIVE HISTORY Reviser's Note.-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., §§ 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 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 at torneys. 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 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. 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 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 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 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 sumcient. 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 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. CROSS REFERENCES Payment of expenses by marshal, see section 550 of this title. § 510. Clerical assistants and messengers. Clerical assistants and messengers for United States attorneys may be employed upon approval of and at salaries fixed by the Attorney General. (June 25, 1948, ch. 646, 62 Stat. 910.) LEGISLATIVE HISTORY Reviser's Note.-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). |