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§ 501

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

to reduce the salary of any Federal judge or of any Justice of the Supreme Court."

SALARY RATE LIMITATIONS FOR USE OF FUNDS FOR FISCAL YEAR 1982

Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under section 5318 of Title 5, Government Organization and Employees.

SALARY RATE LIMITATIONS FOR USE OF FUNDS FOR FISCAL YEAR 1981

Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5, Government Organization and Employees.

SALARY RATE LIMITATIONS FOR USE OF FUNDS FOR FISCAL YEAR 1980

Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5, Government Organization and Employees.

SALARY RATE LIMITATIONS FOR USE OF FUNDS FOR FISCAL YEAR 1979

Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429, set out as a note under section 5318 of Title 5, Government Organization and Employees.

1977 COMPARABILITY ADJustment NOT EFFECTIVE FOR JUSTICES, JUDGES, CommISSIONERS, AND REFEREES Pub. L. 95-66, § 1(3), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95-66, would have been made in the salary and rate of pay of justices, judges, commissioners, and referees under this section after July 11, 1977, would not take effect.

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CHAPTER 31-THE ATTORNEY GENERAL

Sec.
504a.

526.

528.

529.

Associate Attorney General.

Authority of the Attorney General to investigate United States attorneys, marshals, and trustees, clerks of court, and others.1 Disqualification of officers and employees of the Department of Justice.

Annual report of Attorney General.

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CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 7192. § 501. Executive department

SPECIFIC AUTHORIZATION OF APPROPRIATIONS
REQUIRED For DepartmENT OF JUSTICE

Pub. L. 94-503, title II, § 204, Oct. 15, 1976, 90 Stat. 2427, provided that: "No sums shall be deemed to be authorized to be appropriated for any fiscal year beginning on or after October 1, 1978, for the Department of Justice (including any bureau, agency, or other similar subdivision thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. Neither the creation of a subdivision in the Department of Justice, nor the authorization of an activity of the Department, any subdivision, or officer thereof, shall be deemed in itself to be an authorization of appropriations for the Department of Justice, such subdivision, or activity, with respect to any fiscal year beginning on or after October 1, 1978."

§ 504a. Associate Attorney General

The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General.

(Added Pub. L. 95-139, § 1(a), Oct. 19, 1977, 91 Stat. 1171.)

§ 506. Assistant Attorneys General

The President shall appoint, by and with the advice and consent of the Senate, ten Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties. (As amended Pub. L. 95-598, title II, § 218, Nov. 6, 1978, 92 Stat. 2662.)

AMENDMENTS

1978-Pub. L. 95-598 substituted "ten" for "nine".

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

§ 507. Assistant Attorney General for Administration SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1132d-1; title 26 section 7422; title 42 section 3211.

'So in original. Does not conform to section catchline.

§ 508. Vacancies

[See main edition for text of (a)]

(b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.

(As amended Pub. L. 95-139, § 2, Oct. 19, 1977, 91 Stat. 1171.)

AMENDMENTS

1977-Subsec. (b). Pub. L. 95-139 substituted "the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General" for "the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General".

§ 509. Functions of the Attorney General

All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions

(1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department of Justice;

[See main edition for text of (2) to (4)]

(As amended Pub. L. 95-251, § 2(a)(6), Mar. 27, 1978, 92 Stat. 183.)

AMENDMENTS

1978-Pub. L. 95-251 substituted "administrative law judges" for "hearing examiners" in cl. (1).

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the Attorney General, see Parts 1, 5, and 30 of Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, set out as a note under section 2251 of Title 50, App., War and National Defense.

FEDERAL ENVIRONMENTAL OR NATURAL RESOURCE LAWS; INVESTIGATIONS RESPECTING, ETC.

Pub. L. 96-132, § 12, Nov. 30, 1979, 93 Stat. 1048, provided that: "The Attorney General may, with the concurrence of any agency or Department with primary enforcement responsibility for an environmental or natural resource law, investigate any violation, of an environmental or natural resource law of the United States, and bring such actions as are necessary to enforce such laws. This section does not affect the criminal law enforcement authority of the Attorney General."

Ex. ORD. NO. 12146. MANAGEMENT OF FEDERAL LEGAL RESOURCES

Ex. Ord. No. 12146, July 18, 1979, 44 F.R. 42657, provided:

By the authority vested in me as President by the Constitution and statutes of the United States of America, it is hereby ordered as follows:

1-1. ESTABLISHMENT OF THE FEDERAL LEGAL COUNCIL 1-101. There is hereby established the Federal Legal Council, which shall be composed of the Attorney

General and the representatives of not more than 15 other agencies. The agency representative shall be designated by the head of the agency.

1-102. The initial membership of the Council, in addition to the Attorney General, shall consist of representatives designated by the heads of the following agencies:

(a) The Department of Commerce.
(b) The Department of Defense.
(c) The Department of Energy.

(d) The Environmental Protection Agency.

(e) The Equal Employment Opportunity Commission.

(f) The Federal Trade Commission.

(g) The Department of Health, Education, and Welfare [now Department of Health and Human Services].

(h) The Interstate Commerce Commission.
(i) The Department of Labor.

(j) The National Labor Relations Board.
(k) The Securities and Exchange Commission.
(1) The Department of State.

(m) The Department of the Treasury.
(n) The United States Postal Service and
(o) the Veterans Administration.

1-103. The initial members of the Council shall serve for a term of two years. Thereafter, the agencies which compose the membership shall be designated annually by the Council and at least five positions on the Council, other than that held by the Attorney General, shall rotate annually.

1-104. In addition to the above members, the Directors of the Office of Management and Budget and the Office of Personnel Management, or their designees, shall be advisory members of the Council.

1-105. The Attorney General shall chair the Council and provide staff for its operation. Representatives of agencies that are not members of the Council may serve on or chair subcommittees of the Council.

1-2. FUNCTIONS OF THE COUNCIL

1-201. The Council shall promote:

(a) coordination and communication among Federal legal offices;

(b) improved management of Federal lawyers, associated support personnel, and information systems;

(c) improvements in the training provided to Federal lawyers;

(d) the facilitation of the personal donation of pro bono legal services by Federal attorneys;

(e) the use of joint or shared legal facilities in field offices; and

(f) the delegation of legal work to field offices. 1-202. The Council shall study and seek to resolve problems in the efficient and effective management of Federal legal resources that are beyond the capacity or authority of individual agencies to resolve.

1-203. The Council shall develop recommendations for legislation and other actions: (a) to increase the efficient and effective operation and management of Federal legal resources, including those matters specified in Section 1-201, and (b) to avoid inconsistent or unnecessary litigation by agencies.

1-3. LITIGATION NOTICE SYSTEM

1-301. The Attorney General shall establish and maintain a litigation notice system that provides timely information about all civil litigation pending in the courts in which the Federal Government is a party or has a significant interest.

1-302. The Attorney General shall issue rules to govern operation of the notice system. The rules shall include the following requirement:

(a) All agencies with authority to litigate cases in court shall promptly notify the Attorney General about those cases that fall in classes or categories designated from time to time by the Attorney General,

(b) The Attorney General shall provide all agencies reasonable access to the information collected in the litigation notice system.

1-4. RESOLUTION OF INTERAGENCY LEGAL DISPUTES 1-401. Whenever two or more Executive agencies are unable to resolve a legal dispute between them, including the question of which has jurisdiction to administer a particular program or to regulate a particular activity, each agency is encouraged to submit the dispute to the Attorney General.

1-402. Whenever two or more Executive agencies whose heads serve at the pleasure of the President are unable to resolve such a legal dispute, the agencies shall submit the dispute to the Attorney General prior to proceeding in any court, except where there is specific statutory vesting of responsibility for a resolution elsewhere.

1-5. ACCESS TO LEGAL OPINIONS

1-501. In addition to the disclosure now required by law, all agencies are encouraged to make available for public inspection and copying other opinions of their legal officers that are statements of policy or interpretation that have been adopted by the agency, unless the agency determines that disclosure would result in demonstrable harm.

1-502. All agencies are encouraged to make available on request other legal opinions, when the agency determines that disclosure would not be harmful.

1-6. AUTOMATED LEGAL RESEARCH AND INFORMATION SYSTEMS

1-601. The Attorney General, in coordination with the Secretary of Defense and other agency heads, shall provide for a computerized legal research system that will be available to all Federal law offices on a reimbursable basis. The system may include in its data base such Federal regulations, case briefs, and legal opinions, as the Attorney General deems appropriate. 1-602. The Federal Legal Council shall provide leadership for all Federal legal offices in establishing appropriate word processing and management information systems.

1-7. RESPONSIBILITIES OF THE AGENCIES 1-701. Each agency shall (a) review the management and operation of its legal activities and report in one year to the Federal Legal Council all steps being taken to improve those operations, and (b) cooperate with the Federal Legal Council and the Attorney General in the performance of the functions provided by this Order.

1-702. To the extent permitted by law, each agency shall furnish the Federal Legal Council and the Attorney General with reports, information and assistance as requested to carry out the provisions of this Order. JIMMY CARTER.

CHANGE OF NAME

The Department of Health, Education, and Welfare was redesignated the Department of Health and Human Services by section 3508(b) of Title 20, Education.

§ 516. Conduct of litigation reserved to Department of Justice

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 2350; title 38 section 3116; title 42 section 1785.

§ 517. Interests of United States in pending suits SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 943; title 19 section 1920; title 20 sections 1082, 1132d-1; title 42 sections 294h, 3211.

§ 518. Conduct and argument of cases

(a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall conduct and argue suits and appeals in the Supreme Court and suits in the Court of Claims and in the Court of International Trade in which the United States is interested.

[See main edition for text of (b)]

(As amended Pub. L. 96-417, title V, § 503, Oct. 10, 1980, 94 Stat. 1743.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-417 required the Attorney General and the Solicitor General to conduct and argue suits in the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on 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 an Effective Date of 1980 Amendment note under section 251 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 1205, 7105; title 7 section 2050a; title 29 sections 663, 792, 1132; title 30 section 822; title 42 section 7171.

§ 519. Supervision of litigation

CASE MANAGEMENT INFORMATION AND TRACKING SYSTEMS FOR FEDERAL JUDICIAL DISTRICTS AND DIVISIONS OF DEPARTMENT; PREPARATION, SUBMISSION, ETC., OF PLAN

Pub. L. 96-132, § 11, Nov. 30, 1979, 93 Stat. 1047, required the Attorney General, not later than Apr. 15, 1980, after consultation with the Director of the Executive Office of United States Attorneys and such Assistant Attorneys as appropriate, to prepare and submit to the Committees on the Judiciary of the Senate and the House of Representatives a plan for the activation and coordination, within the Department of Justice, of compatible, comprehensive case management information and tracking systems for each of the judicial districts of the United States and for each of the divisions of the Department.

REPORT TO CONGRESS REGARDING PROVISIONS OF LAW CONSIDERED UNCONSTITUTIONAL BY THE DEPARTMENT OF JUSTICE; DECLARATION OF SUCH POSITION Pub. L. 96-132, § 21, Nov. 30, 1979, 93 Stat. 1049, required the Attorney General, during the fiscal year ending Sept. 30, 1980, to transmit a report to each House of Congress in any case in which the Attorney General considered the provisions of law enacted by the Congress and at issue to be unconstitutional and in such cases required a representative of the Department of Justice participating in such case to make a declaration that such opinion of the Attorney General regarding the constitutionality of those provisions of law involved constitutes the opinion of the executive branch of the government with respect to such matter.

Similar provisions were contained in Pub. L. 95-624, § 13, Nov. 9, 1978, 92 Stat. 3464.

STUDY AND REPORT TO CONGRESS ON EXTENT TO WHICH VIOLATIONS OF FEDERAL CRIMINAL LAWS ARE NOT PROSECUTED

Pub. L. 95-624, § 17, Nov. 9, 1978, 92 Stat. 3465, provided that the Attorney General undertake a study and make recommendations concerning violations of

Federal criminal laws which have not been prosecuted
and present such study and recommendations to the
Committee on the Judiciary of the Senate and the
House of Representatives not later than Oct. 1, 1979.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 943; title 19 section 1920; title 38 section 3116; title 42 section 8412.

§ 522. Report of business and statistics

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1997f.

§ 526. Authority of Attorney General to investigate United States attorneys, marshals, and trustee, clerks of court, and others

(a) The Attorney General may investigate the official acts, records, and accounts of

(1) the United States attorneys, marshals, and trustees; and

(2) at the request and on behalf of the Director of the Administrative Office of the United States Courts, the clerks of the United States courts and of the district courts of the Canal Zone and the Virgin Islands, probation officers, trustees in cases under title 11, United States magistrates, and court reporters;

for which purpose all the official papers, records, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time.

(b) Appropriations for the examination of judicial officers are available for carrying out this section.

(As amended Pub. L. 95-598, title II, §§ 219(a), (b), 220, Nov. 6, 1978, 92 Stat. 2662.)

AMENDMENT OF SUBSEC. (a)(1)

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.

AMENDMENT

1978-Pub. L. 95-598, § 219(b), substituted "marshals, and trustee" for "and marshals" in section catchline.

Subsec. (a)(1). Pub. L. 95-518, § 219(a), substituted "marshals, and trustees" for "and marshals".

Subsec. (a)(2). Pub. L. 95-598, § 220, substituted "officers, trustees in cases under title 11" for "officers, referees, trustees and receivers in bankruptcy" and "magistrates" for "commissioners".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by 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.

8528. Disqualification of officers and employees of the Department of Justice

The Attorney General shall promulgate rules and regulations which require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney's staff,

from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office.

(Added Pub. L. 95-521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874.)

EFFECTIVE DATE

Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521, set out as an Effective Date note under section 591 of this title.

§ 529. Annual report of Attorney General

Beginning on June 1, 1979, and at the beginning of each regular session of Congress thereafter, the Attorney General shall report to Congress on the activities and operations of the Public Integrity Section or any other unit of the Department of Justice designated to supervise the investigation and prosecution of

(1) any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a Federal Government officer, employee, or special employee, if such violation relates directly or indirectly to such individual's Federal Government position, employment, or compensation;

(2) any violation of any Federal criminal law relating to lobbying, conflict of interest, campaigns, and election to public office committed by any person, except insofar as such violation relates to a matter involving discrimination or intimidation on grounds of race, color, religion, or national origin;

(3) any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a State or local government officer or employee, if such violation relates directly or indirectly to such individual's State or local government position, employment, or compensation; and

(4) such other matters as the Attorney General may deem appropriate.

Such report shall include the number, type, and disposition of all investigations and prosecutions supervised by such Section or such unit, except that such report shall not disclose information which would interfere with any pending investigation or prosecution or which would improperly infringe upon the privacy rights of any individuals.

(Added Pub. L. 95-521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874.)

EFFECTIVE DATE

Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521, set out as an Effective Date note under section 591 of this title.

CHAPTER 33-FEDERAL BUREAU OF
INVESTIGATION

§ 533. Investigative and other officials; appointment UNDERCOVER OPERATIONS; FINANCIAL AUDIT, REPORTS,

ETC.

Pub. L. 96-132, § 7(d), Nov. 30, 1979, 93 Stat. 1046, provided that:

"(1) The Federal Bureau of Investigation shall conduct detailed financial audits of undercover operations closed on or after October 1, 1979, and

"(A) report the results of each audit in writing to the Department of Justice, and

"(B) report annually to the Congress concerning these audits.

"(2) For the purposes of paragraph (1), 'undercover operation' means any undercover operation of the Federal Bureau of Investigation, other than a foreign counterintelligence undercover operation

"(A) in which the gross receipts exceed $50,000, and

"(B) which is exempted from section 3617 of the Revised Statutes (31 U.S.C. 484) or section 304(a) of the Government Corporation Control Act (31 U.S.C. 869(a))."

CHAPTER 35-UNITED STATES ATTORNEYS

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 48 sections 1424b, 1617, 1694.

§ 545. Residence

(a) Each United States attorney and assistant United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia, the Southern District of New York, and the Eastern District of New York may reside within 20 miles thereof. The provisions of this subsection shall not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district.

[See main edition for text of (b)]

(As amended Pub. L. 95-530, § 1, Oct. 27, 1978, 92 Stat. 2028; Pub. L. 96-91, Oct. 25, 1979, 93 Stat. 700.)

AMENDMENTS

1979-Subsec. (a). Pub. L. 96-91 added provisions authorizing the United States attorney and the assistant United States attorneys for the Eastern District of New York to reside outside the district but within 20 miles thereof.

1978-Subsec. (a). Pub. L. 95-530 added provision that this subsection not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district.

CHAPTER 37-UNITED STATES MARSHALS

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 48 sections 1424b, 1614, 1694.

§ 561. United States marshals

[See main edition for text of (a) and (b)] (c) 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 20 miles thereof. The preceding sentence shall not apply to any United States marshal appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district. (As amended Pub. L. 95-530, § 2, Oct. 27, 1978, 92 Stat. 2028.)

AMENDMENTS

1978-Subsec. (c). Pub. L. 95-530 added provision that the requirement that each marshal reside within the district for which he was appointed not apply to any United States marshal appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district.

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

(a) The United States marshal of each district is the marshal of the bankruptcy, 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.

[See main edition for text of (b) and (c)] (As 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.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade. 1978-Subsec. (a). Pub. L. 95-598 added reference to marshals of the bankruptcy court.

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

EFFECTIVE Date of 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For procedures relating to Bankruptcy matters during transition period see note preceding section 151 of this title.

§ 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

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