dreamproit/uscode huggingface dataset:
28 U.S.C. § 542 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 542. Assistant United States attorneys
(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.
(b) Each assistant United States attorney is subject to removal by the Attorney General.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
28 U.S.C. 502.
[None].
(b)
28 U.S.C. 504(b) (2d sentence, as applicable to assistant United States attorneys).
[None].
In subsection (b), the word “is” is substituted for “shall be”.
heading: 1948 Act
text: Prior section 502.—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 [now 541] 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 [now 541] 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 [now 548] of this title.
Changes were made in phraseology.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89–554.
28 U.S.C. § 543 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 543. Special attorneys
(a) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country.
(b) Each attorney appointed under this section is subject to removal by the Attorney General.
(c) Indian Country.—
In this section, the term “Indian country” has the meaning given that term in section 1151 of title 18.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618; amended Pub. L. 111–211, title II, § 213(a)(1), July 29, 2010, 124 Stat. 2268.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
28 U.S.C. 503.
[None].
5 U.S.C. 298.
July 28, 1916, ch. 261, § 1 (6th par. on p. 413), 39 Stat. 413.
(b)
28 U.S.C. 504(b) (2d sentence, less applicability to assistant United States attorneys).
[None].
The text of former section 298 of title 5 is omitted as unnecessary. The position so authorized has not been filled in recent years, and the authority is preserved by this section and revised section 3101 of title 5, United States Code.
In subsection (b), the word “is” is substituted for “shall be”.
heading: 1948 Act
text: Prior section 503.—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 [now 509 and 547] and 508 [now 548] of this title.
Changes were made in phraseology.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 543, act June 25, 1948, ch. 646, 62 Stat. 911, related to oath of office for United States Marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 563 of this title by section 4(c) of Pub. L. 89–554.
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–211, § 213(a)(1)(A), inserted “, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country” before period at end.
Subsec. (c). Pub. L. 111–211, § 213(a)(1)(B), added subsec. (c).
28 U.S.C. § 562 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 562. Vacancies
(a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent.
(b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events:
(1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c).
(2) The expiration of the thirtieth day following the end of the next session of the Senate.
(3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal.
(Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 562, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to appointment of deputy marshals and clerical assistants, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(f) of this title.
28 U.S.C. § 563 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 563. Oath of office
The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office.
(Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 563, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, specifically stated the oath of office to be taken, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(h) of this title.
28 U.S.C. § 564 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 564. Powers as sheriff
United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof.
(Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 564, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to bonds of United States marshals, prior to repeal by Pub. L. 92–310, title II, § 206(a)(1), June 6, 1972, 86 Stat. 203.
28 U.S.C. § 565 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 565. Expenses of the Service
The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guards and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals.
(Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 565, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, related to filling vacancies, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 562 of this title.
28 U.S.C. § 567 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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 attendance 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.)
text: 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 substituted for “shall not”.
heading: 1948 Act
text: 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 section 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 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.
heading: Editorial Notes
heading: Prior Provisions
text: 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 section 565 of this title.
heading: Amendments
text: 1988—Pub. L. 100–690 renumbered section 572 of this title as this section.
28 U.S.C. § 568 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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.)
text: 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”.
heading: 1948 Act
text: 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 sections, 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 attorneys and for recommendation of dismissal, were omitted as unnecessary and as covered by section 541 of this title.
Changes were made in phraseology.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 568, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, related to availability of appropriations for transfer of prisoners to narcotic farms, prior to repeal by Pub. L. 100–690, § 7608(a)(1).
heading: Amendments
text: 1988—Pub. L. 100–690 renumbered section 575 of this title as this section.
28 U.S.C. § 569 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 569. Reemployment rights
(a) A United States marshal for a judicial district 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, neglect 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 removed 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.)
heading: Editorial Notes
heading: References in Text
text: The effective date of this section, referred to in subsec. (b), is Oct. 1, 1984. See Effective Date note set out below.
heading: Prior Provisions
text: 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 section 566 of this title.
heading: Amendments
text: 1988—Pub. L. 100–690 renumbered section 576 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.”
28 U.S.C. § 582 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 582. Assistant United States trustees
(a) The Attorney General may appoint one or more assistant United States trustees in any region when the public interest so requires.
(b) Each assistant United States trustee is subject to removal by the Attorney General.
(Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663; amended Pub. L. 99–554, title I, § 111(d), Oct. 27, 1986, 100 Stat. 3091.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–554, § 111(d)(1), substituted “region” for “district”.
Subsec. (b). Pub. L. 99–554, § 111(d)(2), struck out “for cause” after “removal”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
heading: Appointment of United States Trustees by Attorney General
text: For sense of Congress concerning consideration of estate administrators under title 11 by the Attorney General for appointment under this section as U.S. trustee and assistant U.S. trustee, see section 309 of Pub. L. 99–554, set out as a note under section 581 of this title.
28 U.S.C. § 583 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 583. Oath of office
Each United States trustee and assistant United States trustee, before taking office, shall take an oath to execute faithfully his duties.
(Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
28 U.S.C. § 584 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 584. Official stations
The Attorney General may determine the official stations of the United States trustees and assistant United States trustees within the regions for which they were appointed.
(Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663; amended Pub. L. 99–554, title I, § 144(d), Oct. 27, 1986, 100 Stat. 3096.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
heading: Amendments
text: 1986—Pub. L. 99–554 substituted “regions” for “districts”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
28 U.S.C. § 585 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 585. Vacancies
(a) The Attorney General may appoint an acting United States trustee for a region in which the office of the United States trustee is vacant. The individual so appointed may serve until the date on which the vacancy is filled by appointment under section 581 of this title or by designation under subsection (b) of this section.
(b) The Attorney General may designate a United States trustee to serve in not more than two regions for such time as the public interest requires.
(Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663; amended Pub. L. 99–554, title I, § 112, Oct. 27, 1986, 100 Stat. 3091.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
heading: Amendments
text: 1986—Pub. L. 99–554 amended section generally. Prior to amendment, section read as follows: “The Attorney General may appoint an acting United States trustee for a district in which the office of United States trustee is vacant, or may designate a United States trustee for another judicial district to serve as trustee for the district in which such vacancy exists. The individual so appointed or designated may serve until the earlier of 90 days after such appointment or designation, as the case may be, or the date on which the vacancy is filled by appointment under section 581 of this title.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
28 U.S.C. § 587 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 587. Salaries
Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees 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. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664; amended Pub. L. 99–554, title I, § 114(a), Oct. 27, 1986, 100 Stat. 3093.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
heading: Amendments
text: 1986—Pub. L. 99–554 amended section generally. Prior to amendment, section read as follows: “The Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
28 U.S.C. § 588 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 588. Expenses
Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General.
(Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
28 U.S.C. § 589 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 589. Staff and other employees
The United States trustee may employ staff and other employees on approval of the Attorney General.
(Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664.)
heading: Editorial Notes
heading: Codification
text: Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Temporary Suspension of Limitation on Appointments
text: Pub. L. 99–554, title I, § 114(b), Oct. 27, 1986, 100 Stat. 3093, provided that: “During the period beginning on the effective date of this Act [see section 302 of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of this title] and ending on October 1, 1989, the provisions of title 5 of the United States Code governing appointments in the competitive service shall not apply with respect to appointments under section 589 of title 28, United States Code.”