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FOR SALARY INCREASES FOR FEDERAL Judges and JusTICES OF THE SUPREME COURT

Pub. L. 97-92, § 140, Dec. 15, 1981, 95 Stat. 1200, provided that: "Notwithstanding any other provision of law or of this joint resolution (Pub. L. 97-92], none of the funds appropriated by this joint resolution or by any other Act shall be obligated or expended to increase, after the date of enactment of this joint resolution [Dec. 15, 1981], any salary of any Federal judge or Justice of the Supreme Court, except as may be specifically authorized by Act of Congress hereafter enacted: Provided, That nothing in this limitation shall be construed to reduce any salary which may be in effect at the time of enactment of this joint resolution nor shall this limitation be construed in any manner to reduce the salary of any Federal judge or of any Justice of the Supreme Court."

SALARY RATE LIMITATIONS On Use of FUNDS 1982-Limitations on use of funds for fiscal year ending Sept. 30, 1983, 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(e) of Pub. L. 97-276, as amended, set out as a note under section 5318 of Title 5, Government Organization and Employees.

1981-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.

1980-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.

1979-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.

1978-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.

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5, 44, 135, 154, 172, 213, 252, 634, 792 of this title; title 26 section 7456. § 462. Court accommodations

(a) Sessions of courts of the United States (except the Supreme Court) shall be held only at places where the Director of the Administrative Office of the United States Courts provides accommodations, or where suitable accommodations are furnished without cost to the judicial branch.

(b) The Director of the Administrative Office of the United States Courts shall provide accommodations, including chambers and courtrooms, only at places where regular sessions of court are authorized by law to be held, but only if the judicial council of the appropriate circuit has approved the accommodations as necessary. (c) The limitations and restrictions contained in subsection (b) of this section shall not prevent the Director from furnishing chambers to circuit judges at places where Federal facilities are available when the judicial council of the circuit approves.

(d) The Director of the Administrative Office of the United States Courts shall provide permanent accommodations for the United States Court of Appeals for the Federal Circuit and for the United States Claims Court only at the District of Columbia. However, each such court may hold regular and special sessions at other places utilizing the accommodations which the Director provides to other courts.

(e) The Director of the Administrative Office of the United States Courts shall provide accommodations for probation officers, pretrial service officers, and Federal Public Defender Organizations at such places as may be approved by the judicial council of the appropriate circuit.

(f) Upon the request of the Director, the Administrator of General Services is authorized and directed to provide the accommodations the Director requests, and to close accommodations which the Director recommends for closure with the approval of the Judicial Conference of the United States.

(Added Pub. L. 97-164, title I, § 115(c)(1), Apr. 2, 1982, 96 Stat. 31.)

EFFECTIVE DATE

Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460 of this title. § 463. Expenses of litigation

Whenever a Chief Justice, justice, judge, officer, or employee of any United States court is sued in his official capacity, or is otherwise required to defend acts taken or omissions made in his official capacity, and the services of an attorney for the Government are not reasonably available pursuant to chapter 31 of this title, the Director of the Administrative Office of the United States Courts may pay the costs

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1983-Pub. L. 97-409, § 2(a)(2), Jan. 3, 1983, 96 Stat. 2039, substituted "Independent Counsel" for "Special Prosecutor" in the item for second chapter 39.

1978-Pub. L. 95-598, title II, § 224(b), Nov. 6, 1978, 92 Stat. 2664, added item for chapter 39, "United States Trustees", effective Oct. 1, 1979.

Pub. L. 95-521, title VI, § 601(b), Oct. 26, 1978, 92 Stat. 1873, added item for chapter 39 "Special Prosecutor".

1966-Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 611, added items for chapters 31 and 33, and redesignated former chapters 31 and 33 as 35 and 37, respectively.

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511.

512.

513.

514.

515.

516.

517.

518.

519.

520.

521.

522.

523.

524.

Attorney General to advise the President. Attorney General to advise heads of executive departments.

Attorney General to advise Secretaries of military departments.

Legal services on pending claims in departments and agencies.

Authority for legal proceedings; commission, oath, and salary for special attorneys. Conduct of litigation reserved to Department of Justice.

Interests of United States in pending suits. Conduct and argument of cases. Supervision of litigation.

Transmission of petitions in United States
Claims Court or in United States Court of
Appeals for the Federal Circuit; statement
furnished by departments.

Publication and distribution of opinions.
Report of business and statistics.

Requisitions.

Availability of appropriations.

'So in original.

Sec. 525.

526.

527.

528.

529.

Procurement of law books, reference books,
and periodicals; sale and exchange.
Authority of the Attorney General to inves-
tigate United States attorneys, marshals,
and trustees, clerks of court, and others.
Establishment of working capital fund.
Disqualification of officers and employees of
the Department of Justice.

Annual report of Attorney General.
AMENDMENTS

1982-Pub. L. 97-258, § 2(g)(1)(A), Sept. 13, 1982, 96 Stat. 1060, substituted “Availability of appropriations" for "Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs" in item 524. Pub. L. 97-164, title I, § 118(b), Apr. 2, 1982, 96 Stat. 33, substituted "United States Claims Court or in United States Court of Appeals for the Federal Circuit" for "Court of Claims" in item 520.

1978-Pub. L. 95-598, title II, § 219(c), Nov. 6, 1978, 92 Stat. 2662, added reference to trustees in item 526. Pub. L. 95-521, title VI, § 603(b), Oct. 26, 1978, 92 Stat. 1875, added items 528 and 529.

1977-Pub. L. 95-139, § 1(b), Oct. 19, 1977, 91 Stat. 1171, added item 504a.

1975-Pub. L. 93-613, § 1(2), Jan. 2, 1975, 88 Stat. 1975, added item 527.

1966-Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 611, substituted "The Attorney General" for "United States Attorneys" in the heading of chapter 31, “Executive Department" for "Appointment of United States attorneys" in item 501, "Seal" for "Appointment of assistant United States attorneys" in item 502, "Attorney General" for "Appointment of attorneys" in item 503, "Deputy Attorney General" for "Tenure and oath of office; removal" in item 504, "Solicitor General" for "Residence" in item 505, “Assistant Attorney General" for "Vacancies" in item 506, "Assistant Attorney General for Administration” for “Duties; supervision by Attorney General" in item 507, "Vacancies" for "Salaries" in item 508, "Functions of the Attorney General" for "Expenses" in item 509, "Delegation of authority" for "Clerical assistants and messengers" in item 510, and added items 511 to 526.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 463 of this title; title 42 section 7192.

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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."

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ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF VIOLATION OF CONSTITUTIONAL PROVISIONS GOVERNING COMPENSATION AND OTHER EMOLUMENTS

Pub. L. 93-178, § 2, Dec. 10, 1973, 87 Stat. 697, provided that:

"(a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office.

"(b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court.

"(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited."

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Compensation of Solicitor General, see section 5314 of Title 5, Government Organization and Employees. § 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. (Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 612, and amended Pub. L. 95-598, title II, § 218, Nov. 6, 1978, 92 Stat. 2662.)

HISTORICAL AND REVISION NOTES

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Revised Statutes and Statutes at Large

R.S. § 348. July 11, 1890, ch. 667, §1 (words between 3d and 4th semicolons under "Department of Justice"), 26 Stat. 265. Mar. 3, 1903, ch. 1006, § 1 (so much of 2d par. under "Department of Justice" as provides for appointment, pay, and duties of an additional Assistant Attorney General), 32 Stat. 1062. July 16, 1914, ch. 141, § 1 (words between 3d and 4th semicolons under "Department of Justice"), 38 Stat. 497. Mar. 4, 1915, ch. 141, §1 (words between 3d and 4th semicolons under "Department of Justice"), 38 Stat. 1038.

June 16, 1933, ch. 101, § 16(b), 48 Stat. 308.

Mar. 2, 1943, ch. 7, 57 Stat. 4.

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The words "There shall be in the Department of Justice" are omitted as unnecessary as the title of the positions establishes their location in the Department of Justice.

The position of sixth Assistant Attorney General, referred to in the Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent position by the Act of Mar. 4, 1915, ch. 141, § 6, 38 Stat. 1049.

The number of Assistant Attorneys General referred to in the Act of Mar. 2, 1943, is changed from "six" to "nine" to reflect the three additional Assistant Attorneys General authorized by 1950 Reorg. Plan No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9, 1957. The words "learned in the law" are omitted as unnecessary. Such a requirement is not made of the Attorney General, United States attorneys, or United States judges. (See reviser's note under 28 U.S.C. 501, 1964 ed.)

The reference in former section 295 of title 5 to the Assistant Attorneys General assisting the Solicitor General are omitted on authority of the transfer of functions made by 1950 Reorg. Plan No. 2 and 1953 Reorg. Plan No. 4.

Provisions of 1950 Reorg. Plan No. 2, § 4, and 1953 Reorg. Plan No. 4, § 2, abolishing positions and transferring incumbents are omitted as executed.

Provisions relating to pay of Assistant Attorneys General are omitted as superseded by § 303(d) of the Act of August 14, 1964, Pub. L. 88-426, 78 Stat. 418, which is codified in section 5315 of title 5, United States Code.

PRIOR PROVISIONS

A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909, which related to vacancies in the office of United States attorney, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 546 of this title.

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.

CROSS REFERENCES

Compensation of Assistant Attorney General, see section 5315 of Title 5, Government Organization and Employees.

§ 507. Assistant Attorney General for Administration

(a) The Attorney General shall appoint, with the approval of the President, an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe.

(b) The position of Assistant Attorney Gener. al for Administration is in the competitive service.

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The title of the position was changed to "Assistant Attorney General for Administration" by § 307 of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432.

The words "competitive service" are substituted for "classified civil service" because the term "classified civil service" formerly used to designate the merit system established by the Civil Service Act of 1883 has become ambiguous due to the creation of the "classified" pay system. The term "competitive service" is now customarily used, and appears throughout title 5, United States Code, in place of "classified civil service".

The words "There shall be in the Department of Justice" are omitted as unnecessary as the title of the position and the fact of appointment by the Attorney General establish the location of the position in the Department of Justice.

The last 12 words of section 5 of the Reorganization Plan are omitted on authority of the Act of June 5, 1952, ch. 369, § 1101 (3d proviso), 66 Stat. 121. The salary of the position is now fixed by § 303(e) of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 420, which is codified in section 5316 of title 5, United States Code.

PRIOR PROVISIONS

A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100, which related to duties of United States attorneys, and to supervision by the Attorney General, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See sections 509 and 547 of this title.

CROSS REFERENCES

Compensation of Assistant Attorney General for Administration, see section 5316 of Title 5, Government Organization and Employees.

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.

§ 508. Vacancies

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General. (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. (Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 612, and amended Pub. L. 95-139, § 2, Oct. 19, 1977, 91 Stat. 1171.)

The last sentence of R.S. § 347 is cited as authority inasmuch as the function contained therein was the function transferred to the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word "may" is substituted for "have the power". The words "During any period of time" are omitted as unnecessary.

PRIOR PROVISIONS

A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, § 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87-793, § 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426, title III, § 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88-631, § 3(b), 78 Stat. 1008, which related to salaries of United States attorneys, assistant United States attorneys, and special attorneys was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 548 of this title.

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;

(2) of the Federal Prison Industries, Inc.; (3) of the Board of Directors and officers of the Federal Prison Industries, Inc.; and (4) of the Board of Parole.

(Added Pub. L. 89-544, § 4(c), Sept. 6, 1966, 80 Stat. 612, and amended Pub. L. 95-251, § 2(a)(6), Mar. 27, 1978, 92 Stat. 183.)

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11-611 083 Vol. 12 11 QL 3

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