Prior section 543.-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.

[§ 564. Repealed. Pub. L. 92-310, title II, § 206(a)(1), June 6, 1972, 86 Stat. 203]

Section, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to bonds of United States marshals. § 565. 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 filed with the clerk of the court.

(Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 620.)

HISTORICAL AND REVISION NOTES

Prior section 545.-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.S.C., 1940 ed., relating to United States attorneys are incorporated in section 506 [now section 546] 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 [now section 564] 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 [now section 546] 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.

On the death of a 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.

(Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 620, and amended Pub. L. 92-310, title II, § 206(b), June 6, 1972, 86 Stat. 203.)

Paragraphs (2) and (3) are omitted as they were superseded by the Travel Expense Act of 1949, which is codified in subchapter I of chapter 57, of title 5, United States Code. The 1949 Act covered, among others, all civilian officers and employees of the executive departments which includes United States marshals and their deputies who are officers and employees, respectively, of the Department of Justice.

The Act of 1949 vested the promulgation of regulations under it in the Director of the Bureau of the Budget. Under former section 827 of title 5, the Attorney General had the authority to promulgate regulations governing the travel of marshals, however, that section was repealed by the 1949 Act and the authority to prescribe regulations covering travel allowances and the reimbursement of travel expenses is now vested in the Director of the Bureau of the Budget,

and is codified in section 5707 of title 5. United States Code.

The Acts of Aug. 4, 1955, ch. 550, 69 Stat. 492, and Aug. 14, 1961, Pub. L. 87-139, § 5, 75 Stat. 340, were introduced in Congress on the apparent assumption that the Act of 1949 did not apply to marshals and that the raise in mileage allowances proposed as amendments to the Act of 1949 would not benefit marshals as the amendment of the 1949 Act did not specifically amend former section 553 of this title. The Acts of Aug. 4, 1955 and Aug. 14, 1961, were unnecessary as the new rate contained in the amendments of the 1949 Act were applicable to marshals by reason of the fact that the 1949 Act had superseded paragraph (3) of former section 553 in which the former rate was set forth.

1948 ACT

Prior section 553.-Based on title 28, U.S.C., 1940 ed., §§ 574, 576, 582, 583, 584, 584a, 585, and 587 (R.S. §§ 823, 829; Aug. 18, 1894, ch. 301, § 1, 28 Stat. 416; May 28, 1896, ch. 252, §§ 6, 10, 11, 12, 14, 24, 29 Stat. 179, 182, 183, 186; June 6, 1900, ch. 791, § 1, 31 Stat. 639; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 4, 1911, ch. 269, 36 Stat. 1355; July 19, 1919, ch. 24, § 1, 41 Stat. 209; June 1, 1922, ch. 204, title II, 42 Stat. 615; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1083; May 28, 1924, ch. 204, title II, 43 Stat. 220; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1029; Apr. 29, 1926, ch. 195, title II, 44 Stat. 345; May 29, 1930, ch. 356, 46 Stat. 486; Aug. 3, 1935, ch. 431, § 2, 49 Stat. 513; Apr. 27, 1938, ch. 180, title II, § 1, 52 Stat. 267; June 29, 1939, ch. 248, title II, 53 Stat. 900; May 14, 1940, ch. 189, title III, 54 Stat. 204; June 28, 1941, ch. 258, title III, 55 Stat. 295; July 2, 1942, ch. 472, title II, 56 Stat. 486; July 1, 1943, ch. 182, title II, § 1, 57 Stat. 286; June 28, 1944, ch. 294, 58 Stat. 410; May 21, 1945, ch. 129, title II, 59 Stat. 183).

This section consolidates provisions of sections 574, 576, 582, 583, 584, 584a, 585 and 587 of title 28, U.S.C., 1940 ed. For distribution of other provisions of such sections, see Distribution Table.

Sections 582 and 583 of title 28, U.S.C., 1940 ed., related to expenses of deputies and not of marshals. Inasmuch as section 550 [now section 5711 of this title provides for payment of such expenses by marshals, this section is worded to allow them to marshals.

The Chief of the Division of Accounts in the Department of Justice advises that marshals' travel is governed entirely by regulations promulgated by the Attorney General pursuant to section 827 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees. This section is consistent with such regulations and with sections 73b and 821-833 of said title 5.

Changes were made in phraseology.

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

(a) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in his district, and of the Court of International Trade 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) United States marshals 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 their duties.

(c) The Attorney General shall supervise and direct United States 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.

(Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 620, and amended Pub. L. 96-417, title V, § 501(12), Oct. 10, 1980, 94 Stat. 1742.)

Prior section 547.-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 [now sections 509 and 547] 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 [now sections 509 and 547] 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 [now sections 509 and 547] and 509 [now section 549] 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

1980-Subsec. (a). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title.

CROSS REFERENCES

Fees of marshal, see section 1921 of this title.

§ 570. Power as sheriff

A United States marshal and his deputies, 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. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 620.)

§ 571. Disbursement of salaries and moneys

(a) The United States marshals, under regulations prescribed by the Attorney General, shall pay the salaries, office expenses and travel and per diem allowances of United States attorneys, their assistants, clerks and messengers, of the marshals, their deputies and clerical assistants, and of the United States trustees, their assistants, staff and other employees.

(b) The United States marshals, under regulations prescribed by the Director of the Administrative Office of the United States Courts, shall pay the salaries, office expenses, and travel and per diem 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 is sufficient without verification on oath.

(d) Appropriations for salaries, expenses, and fees of marshals are available for advances with the approval of the Attorney General.

(Added Pub. L. 89-554, § 4(c), Sept. 6, 1966. 80 Stat. 621, and amended Pub. L. 95-598, title II, § 222, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 97-258, § 2(g)(2), Sept. 13, 1982, 96 Stat. 1060.)

AMENDMENT OF SUBSECTIONS (a) AND (b)

Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding section 581 of this title.

Pub. L. 95-598, title II, § 223, title IV, § 402(b), Nov. 6, 1978, 92 Stat. 2662, 2682, provided that, effective Apr. 1, 1984, subsection (b) of this section is amended by substituting", district, and bankruptcy” for “and district".

For bankruptcy jurisdiction and procedure during transition period, see notes preceding section 1471 of this title.

Prior section 550.-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 [now section 564] 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 [now section 549] 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.

Prior section 552.-Based on title 28, U.S.C., 1940 ed., §§ 579, 582, and 583 (May 28, 1896, ch. 252, §§ 10, 11, 24, 29 Stat. 182, 186; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 4, 1911, ch. 269, 36 Stat. 1355; June 1, 1922, ch. 204, title II, 42 Stat. 615; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1029).

Section consolidates parts of sections 579, 582, and 583 of title 28, U.S.C., 1940 ed.

Sections 579 and 583 of title 28, U.S.C., 1940 ed., provided for specific amounts as compensation for marshals and their field deputies.

According to Department of Justice interpretations, sections 579 and 583, of title 28, U.S.C., 1940 ed., have been superseded by section 678 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, providing for adjustment of compensation by heads of departments. Accordingly this section leaves to the Attorney General the power to fix salaries for marshals, deputies, and clerical assistants. 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.

This section extends the salary fixing power of the Attorney General to the marshals and their deputies. Section 582 of title 28, U.S.C., 1940 ed., referred only to office deputies and clerical assistants.

Section 578b of title 28, U.S.C., 1940 ed., providing merely that United States marshals shall be paid for their services, was omitted as unnecessary.

Other provisions of sections 579, 582, and 583 of title 28, U.S.C., 1940 ed., are incorporated in sections 508 [now section 548] and 553 [now this section] of this title.

AMENDMENTS

1982-Subsec. (d). Pub. L. 97-258 added subsec. (d). 1978 Subsec. (a). Pub. L. 95-598, § 222, substituted "of the marshals” for “and of the marshals", and purported to insert reference to United States trustees, their assistants, staff, and other employees immediately after "clerical assistance". The reference was inserted after "clerical assistants" as the probable intent of Congress.

EFFECTIVE DATE of 1978 AMENDMENT Amendment of subsec. (a) by section 222 of Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

CROSS REFERENCES

Expenses allowed to judges, United States attorneys and other court officers and employees, see sections 456, 460, 549 and 604 of this title.

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

§ 572. 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.)

HISTORICAL AND REVISION NOTES

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.

§ 572a. Depositing public moneys

Except for public moneys deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into a checking account in the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts.

(Added Pub. L. 97-258, § 2(g)(3)(B), Sept. 13, 1982, 96 Stat. 1060.)

The words "Except for public moneys deposited under section 2041 of this title. . . public moneys" are substituted for "All fees and other collections other than moneys referred to in subsection (a) of this section" for consistency and because 31:725v(a) is superseded by 28:2041 and is not part of the revised title contained in section 1 of the bill. The word “Treasury" is substituted for "Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as section 321 of the revised title contained in section 1 of the bill. The text of 31:725v(b)(last sentence) is omitted as obsolete.