1948 Act
Prior section 508.—Based on section 312 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, and title 28, U.S.C., 1940 ed., §§ 579 and 580 (R.S. § 363; May 28, 1896, ch. 252, §§ 8, 24, 29 Stat. 181, 186; Mar. 3, 1903, ch. 1007, § 1, 32 Stat. 1141; Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1360; May 27, 1908, ch. 200, § 1, 35 Stat. 375; July 19, 1919, ch. 24, § 1, 41 Stat. 209; June 1, 1922, ch. 204, title II (part), 42 Stat. 616; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1083; Mar. 4, 1923, ch. 295, 42 Stat. 1560; May 28, 1924, ch. 204, title II (part), 43 Stat. 220).
Section consolidates part of section 312 of title 5, U.S.C., 1940 ed., and part of section 579 of title 28, U.S.C., 1940 ed., with section 580 of title 28, U.S.C., 1940 ed.
Sections 579 and 580 of title 28, U.S.C., 1940 ed., fixed specific salaries for the United States attorneys and assistants, while section 312 of title 5, U.S.C., 1940 ed., provided for a contractual arrangement for compensation of special attorneys.
According to a Department of Justice interpretation, provisions for specific salaries were superseded by section 678 of title 5, which provides for adjustment of compensation by heads of departments. Hence, this section leaves the amount of compensation to the Attorney General.
Section 578b of title 28, U.S.C., 1940 ed., providing that United States attorneys shall be paid for their services, was omitted as unnecessary.
Section 578c of title 28, U.S.C., 1940 ed., providing that United States attorneys shall not receive fees in addition to their salaries, was omitted as obsolete, in view of this section and current practice.
Other provisions of section 312 of title 5, U.S.C., 1940 ed., are incorporated in sections 503 [now 543] and 507 [now 509 and 547] of this title, and other provisions of section 579 of title 28, U.S.C., 1940 ed., are incorporated in section 552 [see Prior Provisions note for that section] of this title.
Editorial Notes
Prior Provisions
A prior section 548, act June 25, 1948, ch. 646, 62 Stat. 912, related to administration of oaths by marshals, prior to repeal by Pub. L. 89–554, § 8(a).
Amendments
1984—Pub. L. 98–473 amended section generally, substituting “rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5, United States Code” for “highest rate of GS–18 of the General Schedule set forth in section 5332 of title 5”.
Statutory Notes and Related Subsidiaries
Salary Increases
1969—Increase in the rates of pay of United States Attorneys and Assistant United States Attorneys whose annual salaries are fixed pursuant to this section, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, by amounts equal, as nearly as may be practicable, to the increases provided pursuant to section 2 of Pub. L. 91–231, which raised corresponding rates by 6 percent, see Pub. L. 91–231, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.
1967—Pub. L. 90–206, title II, § 211(a), Dec. 16, 1967, 81 Stat. 633, provided that:
“The rates of basic pay of United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to
section 548 of title 28, United States Code shall be increased, effective on the effective date of
section 202 of this title [see Effective Date of 1967 Amendment note set out under
section 5332 of Title 5] by amounts equal, as nearly as may be practicable, to the increases provided by
section 202(a) of this title [see
section 5332(a) of Title 5] for corresponding rates of basic pay.”
Section 211(a) of Pub. L. 90–206 effective as of the beginning of the first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under section 5332 of Title 5.
1966—Pub. L. 89–504, title I, § 108(a), July 18, 1966, 80 Stat. 293, provided that:
“The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to
section 508 of title 28, United States Code [now this section] shall be increased, effective on the effective date of
section 102 of this title [first day of the first pay period beginning on or after
July 1, 1966], by amounts equal, as nearly as may be practicable, to the increases provided by
section 102(a) of this title [see
section 5332(a) of Title 5], for corresponding rates of compensation.”
Provision effective July 18, 1966, see section 109(1) of Pub. L. 89–504.
1965—Pub. L. 89–301, § 15(a), Oct. 29, 1965, 79 Stat. 1122, provided that:
“The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to
section 508 of title 28, United States Code, [now this section], shall be increased by 3.6 per centum effective on the first day of the first pay period which begins on or after
October 1, 1965.”
1962—Pub. L. 87–793, § 1003(b), Oct. 11, 1962, 76 Stat. 866, provided that:
“The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed by
section 508 of title 28, United States Code, [now this section], shall be increased by 7½ per centum effective on the first day of the first pay period which begins on or after the date of enactment of this Act [
Oct. 11, 1962].”
Compensation of Incumbent United States Attorneys and Assistant United States Attorneys
Pub. L. 88–426, § 306(a)(2), Aug. 14, 1962, 78 Stat. 428, as amended by Pub. L. 88–631, § 3(c), Oct. 6, 1964, 78 Stat. 1008, provided that:
“Subject to section 303(f) and (g) of this Act [see sections 5315 to 5317 of Title 5, Government Organization and Employees], each incumbent United States attorney and assistant United States attorney shall be paid compensation at a rate equal to that of attorneys of comparable responsibility and professional qualifications, as determined by the Attorney General, whose compensation is prescribed in the General Schedule of the
Classification Act of 1949, as amended [now covered by chapter 51 and subchapter III of chapter 53 of Title 5].”
Alaska, Canal Zone and Virgin Islands
Act Mar. 2, 1955, ch. 9, § 2(b), 69 Stat. 10, provided that:
“The salaries of United States attorneys and assistant United States attorneys for the districts of Alaska, Canal Zone, and the Virgin Islands are subject to the provisions of
section 508 of title 28, United States Code [now this section.]”
Salary Limitations
Acts Aug. 5, 1953, ch. 328, title II, § 202, 67 Stat. 375; July 2, 1954, ch. 456, title II, § 202, 68 Stat. 421, which prescribed salary limitations, were repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657.
