28 USC § 550 - Clerical assistants, messengers, and private process servers

The United States attorneys may employ clerical assistants, messengers, and private process servers on approval of the Attorney General.

Source

(Added Pub. L. 89–554, § 4(c),Sept. 6, 1966, 80 Stat. 619; amended Pub. L. 101–647, title XXXVI, § 3626(a),Nov. 29, 1990, 104 Stat. 4965.)

Historical and Revision Notes

1966 Act

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	28 U.S.C. 510.	[None].

The words “and at salaries fixed by” are omitted as superseded by the Classification Act of 1949, as amended, which is codified in chapter 51 and subchapter III of chapter 53 of title 5, United States Code.

1948 Act

Prior section 510.—Based on title 28, U.S.C., 1940 ed., §§ 484, 593 (May 28, 1896, ch. 252, § 15,29 Stat. 183; June 30, 1906, ch. 3914, § 1,34 Stat. 753; July 19, 1919, ch. 24, § 1,41 Stat. 209).

Section consolidates and simplifies sections 484 and 593 of title 28, U.S.C., 1940 ed. For provisions with respect to classified civil service, see sections 631–684 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees.

Section 593 of title 28, U.S.C., 1940 ed., related to clerks and messengers in the office of United States attorney, southern district of New York. Section 484 of title 28, U.S.C., 1940 ed., related to clerical assistants for all United States attorneys. It was not affected by section 678 of title 5 U.S.C. 1940 ed., Executive Departments and Government Officers and Employees, according to a Department of Justice interpretation.

Provision of said section 593 for office expenses of United States attorneys is covered by section 509 [now 549] of this title.

Said section 593 also required that payment of salaries of such clerks and messengers be made by the disbursing clerk of the Department of Justice. Under section 550 [see Prior Provisions note below] of this title the marshals will make such payments including the office expenses of United States attorneys.

The restriction that section 484 of title 28, U.S.C., 1940 ed., did not apply to Alaska is omitted as unnecessary since section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizes employment of clerical assistants to United States attorneys in Alaska by the Attorney General.

The provision in such section 484 of title 28, U.S.C., 1940 ed., that the need for clerical assistants be certified by the district judge, was omitted as unnecessary. The need may be determined by the Attorney General.

Changes were made in phraseology.

Prior Provisions

A prior section 550, acts June 25, 1948, ch. 646, 62 Stat. 912; Sept. 9, 1959, Pub. L. 86–243, § 2, 73 Stat. 474, related to disbursement of salaries and expenses, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 571 of this title by section 4(c) ofPub. L. 89–554.

A prior section 551, act June 25, 1948, ch. 646, 62 Stat. 912, related to the collection of fees by United States marshals, prior to repeal by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 663, and reenactment in section 572 of this title by section 4(c) ofPub. L. 89–554.

A prior section 552, act June 25, 1948, ch. 646, 62 Stat. 912, related to the fixing of salaries of United States marshals, their deputies and assistants, by the Attorney General, prior to repeal by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 663, and reenactment in section 571 of this title by section 4(c) ofPub. L. 89–554.

A prior section 553, acts June 25, 1948, ch. 646, 62 Stat. 912; May 24, 1949, ch. 139, § 72,63 Stat. 100; Aug. 4, 1955, ch. 550, 69 Stat. 492; Aug. 14, 1961, Pub. L. 87–139, § 5, 75 Stat. 340, related to expenses of marshal, prior to repeal by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 663, and reenactment in section 567 of this title by section 4(c) ofPub. L. 89–554.

A prior section 554, act June 25, 1948, ch. 646, 62 Stat. 913, related to the delivery of prisoners to the successor marshal, prior to repeal by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 663, and reenactment in section 573 of this title by section 4(c) ofPub. L. 89–554.

A prior section 555, act June 25, 1948, ch. 646, 62 Stat. 913, related to the delivery of all unserved process to the successor marshal or his deputies, prior to repeal by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 663, and reenactment in section 574 of this title by section 4(c) ofPub. L. 89–554.

A prior section 556, act June 25, 1948, ch. 646, 62 Stat. 913, related to the prohibition of the practice of law by a marshal or deputy marshal, prior to repeal by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 663, and reenactment in section 575 of this title by section 4(c) ofPub. L. 89–554.

Amendments

1990—Pub. L. 101–647substituted “, messengers, and private process servers” for “and messengers” in section catchline and text.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–647effective 180 days after Nov. 29, 1990, see section 3631 ofPub. L. 101–647, set out as an Effective Date note under section 3001 of this title.