United States Code

Section consolidates and simplifies sections 484 and 593 of title 28, U. S. C., 1940 ed. For provisions with respect 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 attorney, 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 Departments and Government Officers and Employees, according to a Department of Justice interpretation.

Provision of said section 593 for office expenses of United States attorneys is covered by section 509 of this title.

Said section 593 also required that payment of salaries of such clerks and messengers be made by the disbursing clerk of the Department of Justice. Under section 550 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 certified by the district judge, was omitted as unnecessary. The need may be determined by the Attorney General. 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 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. The clerical assistants

and messengers, referred to in this section, are employees in the Department of Justice.

8541. Appointment, residence and tenure of marshals. (a) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district.

(b) The Attorney General shall designate places within the district for the official station and offices of each marshal. Each marshal shall reside within the district for which he was appointed except that the marshal for the District of Columbia and the Southern District of New York may reside within twenty miles thereof.

(c) Each marshal shall be appointed for a term of four years. Upon the expiration of his term a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President. (June 25,

1948, ch. 646, 62 Stat. 910; Mar. 18, 1959, Pub. L. 86-3, § 11 (c), (d), 73 Stat. 9.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on D. C. Code § 11-1101, 1940 ed., title 28, U. S. C., 1940 ed., § 490, 491 and 524, and sections 643 and 863 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions (R. S. §§ 776, 779; June 20, 1874, ch. 328, § 2, 18 Stat. 109; 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; May 28, 1896, ch. 252, §§ 8, 12, 29 Stat. 181, 183; 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, §§ 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, § 186, 31 Stat. 1220; Mar. 11, 1902, ch. 183, §§ 4, 5, 6, 32 Stat. 66; 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; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; 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, 1938, ch. 51, § 2, 52 Stat. 118; June 14, 1941, ch. 203, §§ 1, 2, 55 Stat. 251).

Section consolidates section 11-1101 of the District of Columbia Code, 1940 ed., with sections 490, 491, and part of section 524 of title 28, U. S. C., 1940 ed., and parts of sections 643 and 863 of title 48, U. S. C., 1940 ed.

Words "including the District of Columbia" in section 11-1101 of District of Columbia Code, 1940 ed., were omitted as surplusage since the words "each judicial district" include the District of Columbia.

Words "and offices of each marshal" were added because of many special provisions, in sections 141-196 of title 28, U. S. C., 1940 ed., for the maintenance of offices by the marshals at numerous places. Such provisions have been omitted, as covered by this section. The requirement for residence "at one of the places of holding court" was omitted as an unnecessary restriction on the Attorney General's discretion.

Words "The President, by and with the advice and consent of the Senate, may appoint a United States marshal for each judicial district" were substituted for "A marshal shall be appointed in each district," to make the section conform with the Constitution. See article II, section 2, clause 2.

The provision authorizing the marshal in the District of Columbia to reside within twenty miles of his district was added because of the relatively small and congested area of the District, and many Federal officials are compelled to reside elsewhere. The residence requirement of this section has no relation to domicile or voting resi

dence nor does it affect the citizenship or residence status of District of Columbia officeholders in the several States from which appointed.

Provisions of section 524 of title 28, U. S. C., 1940 ed., that the marshal shall give his personal attention to his official duties and declaring the office of marshal vacant upon removal from his district or neglect of duty, were omitted as unnecessary and inconsistent with section 547 of this title, charging the Attorney General with supervision of United States marshals in the performance of their duties.

References to Territories in section 491 of title 28, U. S. C., 1940 ed., were omitted as unnecessary. Provision is made in title 48 for the marshals for Alaska (sections 110, 112), Canal Zone (section 1353), and Virgin Islands (section 1405y).

Other provisions of section 524 of title 28, U. S. C., 1940 ed., are incorporated in sections 505 and 751 of this title. Other provisions of section 643 of title 48, U. S. C., 1940 ed., are incorporated in sections 133, 501 and 504 of this title. Parts of said section 863 remain in said title 48. For remainder of said section, see Distribution Table. Changes were made in phraseology.

AMENDMENTS

1959 Subsec. (c). Pub. L. 86-3, § 11(c), eliminated provisions that authorized appointment of a marshal in the district of Hawall for a term of six years.

Subsec. (d). Pub. L. 86-3, § 11(d), repealed subsec. (d), which related to eligibility for appointment as United States marshal for the district of Hawaii.

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 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 marshals are officers in the Department of Justice.

CROSS REFERENCES

Guam; marshals, appointment, residence and tenure, see section 1424b of Title 48, Territories and Insular Possessions.

Virgin Islands, appointment of necessary court officers and marshal, see sections 1405y and 1614 of Title 48, Territories and Insular Possessions.

§ 542. Appointment and tenure of deputies and assistants.

The Attorney General may authorize any United States marshal to appoint deputies and clerical assistants. Deputy marshals shall be subject to removal by the marshal pursuant to civil-service regulations. (June 25, 1948, ch. 646, 62 Stat. 911.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 492 and 493 (R. S. § 780; Aug. 8, 1888, ch. 792, § 4, 25 Stat. 390; May 28, 1896, ch. 252, §§ 10, 11, 29 Stat. 182; June 1, 1900, ch. 601, § 4, 31 Stat. 250; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Mar. 4, 1911, ch. 269, 36 Stat. 1355).

This section consolidates sections 492 and 493 of title 28, U. S. C., 1940 ed.

Section 492 of title 28, U. S. C., 1940 ed., authorized the marshal to appoint field deputies and report the appoint

ments to the Attorney General who could "at any time cancel any such appointment as the public interest may require."

Section 493 of title 28, U. S. C., 1940 ed., did not include any mention of the office deputies holding office at the pleasure of the marshals and the Attorney General.

Since, however, each marshal's bond covers both field and office deputies, there is no apparent reason for any distinction with respect to tenure or method of appointment.

Such phrases as "when the public interest requires" and the requirement that each marshal shall in his report or recommendation "state the facts as distinguished from conclusions, showing necessity for the same" were omitted as surplusage since presumably the Attorney General makes all such appointments in the public interest and only upon a showing of necessity.

Words "on the recommendation of the marshal” in section 493 of title 28, U. S. C., 1940 ed., were omitted as unnecessary.

Deputies are now members of the civil service and removable only in accordance with civil-service regulations. Therefore all reference to removal by the Attorney General or the district court are omitted from the revised section. There seem to have been no removals of deputy marshals by district courts in the last 25 years.

Clerical assistants are civil service employees removable only after filing of charges and opportunity for hearing. See section 652 of title 5, U. S. C., 1940 ed.

The exception of the Territory of Alaska, contained in section 591 of title 28, U. S. C., 1940 ed., and referred to in sections 492 and 493 of title 28, U. S. C., 1940 ed., was omitted as covered by section 110 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions.

Provision for the Canal Zone is made by section 1353 of title 48, U. S. C., 1940 ed.; and for the Virgin Islands by section 1405y of said title 48.

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, &nd 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. The deputy marshals and clerical assistants, referred to in this section are officers and employees in the Department of Justice.

CROSS REFERENCES

Virgin Islands, appointment of necessary court officers and marshal, see sections 1405y and 1614 of Title 48. Territories and Insular Possessions.

§ 543. Oath of office.

Each United States marshal and deputy marshal before assuming the duties of his office shall take the following oath or affirmation: "I,

do solemnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the under the authority of the United States, make true returns, take only lawful fees, and in all things well and truly, and without malice or partiality, perform the duties of the office of during my continuance in office. So help me God." (June 25, 1948, ch. 646, 62 Stat. 911.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 494 (R. S. § 782; Dec. 22, 1896, ch. 3, 29 Stat. 481).

The last sentence of section 494 of title 28, U. S. C., 1940 ed., "The words 'so help me God' shall be omitted in all cases where an affirmation is admitted instead of an oath," was omitted as unnecessary because, on affirmation, such words would not be included. As revised, the section is in conformity with section 453 of this title, providing for the form of judicial oath and with section

951 of this title, providing for the form of oath for the clerks of the United States courts. Changes were made in phraseology.

CROSS REFERENCES

Alaska marshals subject to obligations of United States marshals, see section 110 of Title 48, Territories and Insular Possessions.

§ 544. Bond.

(a) Every United States marshal, including any marshal appointed to serve during a vacancy, shall be bonded in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies.

(b) The Attorney General may require the United States marshal for the southern district of New York to be bonded in a sum not exceeding $75,000 and any other United States marshal to be bonded in a sum not exceeding $40,000.

(c) Any person injured by a breach of a United States marshal's bond may sue thereon, in his own name, to recover his damages.

Such action shall be commenced within six years after the right accrues, but a person under legal disability may sue within three years after the removal of his disability.

After judgment the marshal's bond shall remain as security until the whole penalty has been recovered. (June 25, 1948, ch. 646, 62 Stat. 911; Sept. 2, 1958, Pub. L. 85-856, 72 Stat. 1104.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 496-502, 511 (R. S. §§ 783-786, 793; Feb. 22, 1875, ch. 95, 2, 18 Stat. 333; June 24, 1898, ch. 495, § 2, 30 Stat. 487; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 26, 1923, ch. 112, 42 Stat. 1287; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates sections 496-502, and part of section 511, of title 28, U. S. C., 1940 ed.

The provisions of section 511 of title 28, U. S. C., 1940 ed., for appointment of marshals to fill vacancies are incorporated in section 545 of this title.

The requirement in section 496 of title 28, U. S. C., 1940 ed., for personal sureties was omitted as outmoded in view of section 6 of title 6, U. S. C., 1940 ed., Official and Penal Bonds, which provides that bonds of qualified surety companies shall be sufficient in cases where bond is required under Federal laws.

The reference in the first paragraph of subsection (a) to the duties of the deputies after the marshal's death was added to make the section conform with section 546 of this title.

The words in first paragraph of subsection (a), “including any marshal appointed to serve during a vacancy," were substituted for the following language of section 511 of title 28, U. S. C., 1940 ed.:

"Any marshal so appointed shall give bond, as if appointed by the President and the bond shall be approved by said court. It shall then be filled in the clerk's office of said court, and a copy shall be entered on the journal of the court. A certified copy of such entry shall be prima facie proof of the execution of such bond, and of the contents thereof." See, also section 1737 of this title, relating to certified copies of bonds as prima facie evidence.

A provision in sections 497 and 498 of title 28, U. S. C., 1940 ed., as to the necessity, in the Attorney General's opinion, for augmented bonds was omitted as superfluous. A provision of section 499 of title 28, U. S. C., 1940 ed., making certified copies of filed bonds admissible in evidence is incorporated in section 1737 of this title.

Words "person under legal disability," in second paragraph of subsection (c), were substituted for "infants, married women, and insane persons" which appeared in

section 502 of title 28, U. S. C., 1940 ed. (See reviser's note under section 2501 of this title.)

The provisions of section 500 of title 28, U. S. C., 1940 ed., for issuance of execution were omitted as unnecessary in view of Rule 69 of the Federal Rules of Civil Procedure. The provision in section 500 of title 28, U. S. C., 1940 ed., for the recovery of costs was omitted as covered by Rule 54 (d) of the Federal Rules of Civil Procedure. Changes were made in phraseology.

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-856 substituted "every" for "each" and "shall be bonded" for "before entering on the duties of his office, shall give a bond" and eliminated the requirement that the bond be approved by a judge of the district court of the district for which the marshal is appointed and filed and recorded in the office of the clerk.

Subsec. (b). Pub. L. 85-856 substituted "southern district" for "Southern District" and "to be bonded" for "to give bond" in two instances.

8545. Vacancies.

The district court for a district in which the office of United States marshal is vacant may appoint a United States marshal to serve until the vacancy is filled. The order of appointment by the court shall be filled with the clerk of the court. (June 25, 1948, ch. 646, 62 Stat. 911.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on District of Columbia Code, 1940 ed., § 11-1103; title 28, U. S. C., 1940 ed., § 511 (R. S. § 793; June 24, 1898, ch. 495, § 2, 30 Stat. 487; Mar. 3, 1901, ch. 854, § 189, 31 Stat. 1220; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates section 11-1103 of the District of Columbia Code, 1940 ed., with part of section 511 of title 28, U. S. C., 1940 ed.

Similar provisions of section 511 of title 28, U. 8. C., 1940 ed., relating to United States attorneys are incorporated in section 506 of this title. The provisions of said section 511 of title 28, U. S. C., 1940 ed., relating to bonds to be furnished by marshals serving during vacancies are incorporated in section 544 of this title.

Words "and the district court of the United States for the District of Columbia" were omitted as surplusage and as covered by the words "any district."

Words "the Supreme Court of the Territory" in section 511 of title 28, U. S. C., 1940 ed., were omitted as obsolete. (See reviser's note under section 506 of this title.)

Words "and a copy shall be entered on the Journal of the court" in said section 511, were omitted as unnecessary.

Changes were made in phraseology.

8546. Death of marshal.

Upon the death of any United States marshal his deputy or deputies shall perform the duties of the deceased marshal in his name until his successor is appointed and qualifies.

The default or misfeasance of any deputy shall be a breach of the deceased marshal's bond, and his executor or administrator shall have like remedies against such deputy for such default or misfeasance as the marshal would have had if he had continued in office. (June 25, 1948, ch. 646, 62 Stat. 911.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 506 (R. S. § 789).

Changes were made in phraseology.

CROSS REFERENCES

Alaska, death of marshal, see section 110 of Title 48, Territories and Insular Possessions.

§ 547. Powers and duties generally; supervision by Attorney General.

(a) The United States marshal of each district shall be the marshal of the district court and of the

court of appeals when sitting in his district, and of the Customs Court holding sessions in his district elsewhere than in the Southern and Eastern Districts of New York, and may, in the discretion of the respective courts, be required to attend any session of court.

(b) He shall execute all lawful writs, process and orders issued under authority of the United States, including those of the courts and Government of the Canal Zone, and command all necessary assistance to execute his duties.

(c) The Attorney General shall supervise and direct marshals in the performance of public duties and accounting for public moneys. Each marshal shall report his official proceedings, receipts and disbursements and the condition of his office as the Attorney General directs. (June 25, 1948, ch. 646, 62 Stat. 912; Oct. 18, 1962, Pub. L. 87-845, § 38, 76A Stat. 699.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on sections 317, 318, and 329 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees and title 28, U. S. C., 1940 ed., §§ 220, 503 (R. S. §§ 362, 368, 379, 787; Mar. 3, 1911, ch. 231, §§ 123, 291, 36 Stat. 1132, 1167; June 15, 1935, ch. 259, § 1, 49 Stat. 377).

Section consolidates parts of sections 317, 318 and 329 of title 5, U. S. C., 1940 ed., with sections 220 and 503 of title 28, U. S. C., 1940 ed.

Section 220 of title 28, U. S. C., 1940 ed., authorized the United States marshals, in attendance on the courts of appeals, to "exercise the same powers and perform the same duties, under the regulations of the court, as are exercised and performed by the marshal of the Supreme Court of the United States."

This section gives effect to all the pertinent provisions of the component sections. The words "process and orders" were substituted for the word "precepts" contained in section 503 of title 28, U. S. C., 1940 ed., to conform to section 672 of this title, defining the duties of the marshal of the Supreme Court of the United States.

Like provisions of section 317 of title 5, U. S. C., 1940 ed., with respect to United States attorneys, are incorporated in section 507 of this title.

Provisions of section 318 of title 5, U. S. C., 1940 ed., with respect to the Attorney General's supervision of the accounts of clerks and other court officials were omitted as covered by section 601 et seq. of this title.

Sections 509 and 510 of title 28, U. S. C., 1940 ed., are also omitted as unnecessary in view of this section. Said section 509 requires reports by marshals to the General Counsel of the Treasury Department of public moneys collected on process.

Section 510 of title 28, U. S. C., 1940 ed., requires reports by marshals to the Comptroller General of proceedings to collect on execution moneys due the Post Office Department.

This section enables the Attorney General to take appropriate steps to furnish each department or agency with necessary information concerning marshals' activities without requiring duplicate reports of matters already reported to their superiors.

Similarly, section 586a of title 28, U. S. C., 1940 ed., requiring quarterly accounts to be rendered, except by marshals of the United States courts in China and the Canal Zone, was omitted as covered by this section.

Section 329 of title 5, U. S. C., 1940 ed., authorized the General Counsel of the Treasury to instruct marshals as well as United States attorneys and clerks in matters respecting suits in which the Government was interested. This section vests such authority in the Attorney General consistently with similar authority, under section 507 of this title, over United States attorneys.

A reference in section 317 of title 5, U. S. C., 1940 ed., to the Territories was omitted as surplusage, since this section applies to the Territories.

Other provisions of sections 317, 318 and 329 of title 28, U. S. C., 1940 ed., are incorporated in sections 507 and 509 of this title.

The phrase "and of the Customs Court holding sessions elsewhere than in the Southern and Eastern Districts of New York" was added pursuant to suggestion of the Customs Court to conform to existing practice.

AMENDMENTS

1962 Subsec. (b). Pub. L. 87-845 inserted provisions directing the marshal to execute all lawful writs, process and orders issued by the courts or Government of the Canal Zone.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Fees of marshal, see section 1921 of this title.

Marshal to serve as marshal for Court of Customs and Patent Appeals outside District of Columbia, see section 832 of this title.

Virgin Islands court officers, duties, see section 1405y of Title 48, Territories and Insular Possessions.

8548. Administration of oaths.

Each United States marshal and his chief deputy may administer oaths to persons presenting claims and accounts for payment, but shall not receive a fee therefor. (June 25, 1948, ch. 646, 62 Stat. 912.)

CROSS REFERENCES

Marshals and deputies may arrest without warrant and may carry firearms, see section 3053 of Title 18, Crimes and Criminal Procedure.

Powers and duties of marshals in general, see section 547 of this title.

§ 550. Disbursement of salaries and expenses.

(a) United States marshals, under regulations prescribed by the Attorney General, shall pay the salaries, office expenses and travel and subsistence allowances of United States attorneys, their assistants, clerks and messengers, and of the marshals, their deputies and clerical assistants.

(b) Under regulations prescribed by the Director of the Administrative Office of the United States Courts, the marshals shall pay the salaries, office expenses, and travel and subsistence allowances of circuit and district judges, clerks of court and their deputies, court reporters, and other personnel of courts within their districts.

(c) On all disbursements made by United States marshals for official salaries or expenses, the certificate of the payee shall be sufficient without verification on oath. (June 25, 1948, ch. 646, 62 Stat. 912; Sept. 9, 1959, Pub. L. 86-243, § 2, 73 Stat. 474.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 9a (c), 505, 586 (R. S. §§ 833, 834; May 28, 1896, ch. 252, §§ 13, 24, 29 Stat. 183; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1 (c), 58 Stat. 6; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 1, 1914, ch. 223, § 1, 38 Stat. 653; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Reorg. Plan No. IV, § 3, 5 Fed. Reg. 2421, 54 Stat. 1234).

Section consolidates parts of sections 9a (c) and 586 with section 505, all of title 28, U. S. C., 1940 ed.

The provisions of section 505 of title 28, U. S. C., 1940 ed., with respect to payment of salaries of United States attorneys, marshals, and the personnel of their offices are unchanged except in phraseology and arrangement.

The provisions of section 505 of title 28, U. S. C., 1940 ed., with respect to payment of judges and court personnel are rewritten to provide for such payment under regulations prescribed by the Director of the Administrative Office of the United States Courts.

The marshals, under such regulations, disburse the salaries of circuit and district judges but not of retired justices and judges. Retired justices and judges are paid directly by the disbursing officer of the Administrative Office. (See act Aug. 7, 1939, § 4, following section 446 of title 28, U. S. C., 1940 ed.)

Judges of the Customs Court are paid by the marshal for the Southern District of New York.

Judges of the Court of Claims, Court of Customs and Patent Appeals and Tax Court are paid by personnel of such courts designated by the Director of the Administrative Office as disbursing officers.

The Chief Justice of the United States and Associate Justices of the Supreme Court are now paid by a disbursing officer of the Department of Justice. Under section 672 of this title, their salaries will be paid by the marshal of the Supreme Court. (See further explanation in reviser's note under section 672 of this title.)

The Assistant Director of the Administrative Office of the United States Courts, after outlining the methods of payment of court salaries, stated in a letter dated December 18, 1944:

The fact that under the law the Director of the Administrative Office is given charge of the disbursement of money (section 604 of this title) appropriated for the support of the courts and then is given the option of disbursing the money directly or through the United States marshal as may seem better in the particular instance, provides a flexible and satisfactory method of disbursing the moneys appropriated for the courts, other than the Supreme Court.

The requirement of section 505 of title 28, U. S. C., 1940 ed., that each marshal give a bond was omitted as unnecessary in view of section 544 of this title.

The words "travel and subsistence allowances" were inserted to conform to administrative practice established by the Department of Justice and clearly implicit in existing laws and regulations, making the marshals the disbursing officers for the courts, the United States attorneys' offices and their own offices.

This section is extended to require the marshals to pay the office expenses of United States attorneys. Such requirement was not specifically provided for by existing law but is covered by the words "office expenses" in the first paragraph of this section. Such words also cover the same requirements in section 586 of title 28, U. S. C., 1940 ed., that each marshal shall pay his own expense accounts and those of his office and field deputies. Words "clerical assistants" were added at end of first paragraph to cover all employees in marshals' offices.

Words "court reporters" were inserted based on section 9a (c) of title 28, U. S. C., 1940 ed., under which those officers were required to be paid "in the same manner and at the same time that the salary of the clerk of the court is paid."

This section applies to the expenses of judges attending the Judicial Conference of the United States.

Other provisions of section 9a (c) and 586 of title 28, U. S. C., 1940 ed., are incorporated in sections 509 and 753 of this title.

Subsec. (c) is new. The present requirement that a payee shall swear to his salary or expense voucher is superfluous. Under section 80 of title 18, U. S. C., 1940 ed., Criminal Code and Criminal Procedure, his liability for false statements in an expense account are not dependent on oath. There is no necessity for having another employee administer an oath, sign the verification and affix a seal, as it would involve unnecessary expenditure of public funds and wasted effort.

AMENDMENTS

1959 Subsec. (b). Pub. L. 86-243 deleted "judges of the Customs Court" following "district judges".

SAVINGS CLAUSE

Amendment of section by Pub. L. 86-243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86-243, set out as a note under section 871 of this title.

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. The United States marshals, United States attorneys, deputies, assistants, etc., referred to in this section, are officers and employees in the Department of Justice.

CROSS REFERENCES

Expenses allowed to judges, United States attorneys and other court officers and employees, see sections 456, 460, 509 and 604 of this title.

Virgin Islands, administrative expenses of district court, see section 1405y of Title 48, Territories and Insular Possessions.

Witness fees, payment by marshal where United States is party, see section 1825 of this title.

§ 551. Collection of fees; accounting.

Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys.

The marshal's accounts of fees and costs paid to any witness or juror upon certificate of attendance issued as provided by sections 1825 and 1871 of this title shall not be reexamined to charge him for an erroneous payment of such fees or costs. (June 25 1948, ch. 646, 62 Stat. 912.)

LEGISLATIVE HISTORY

Reviser's Note.-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;

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United States Code, Volumes 6-7