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vision that accounts therefor should be submitted to, examined by the district court and, when approved by the court then audited and allowed by law, was omitted. The power of the Attorney General is sufficient. The reference to audit and allowance was unnecessary as covered by section 71 et seq. of title 31, U.S.C., 1940 ed., Money and Finance. Said section 586 applied also to marshals and deputies and those provisions are incorporated in section 550 [see Prior Provisions note under that section] of this title. The exception in sections 586 and 591 of title 28, U.S.C., 1940 ed., that the former should not apply in Alaska was omitted as unnecessary. Section 114 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, requires travel expense accounts to be rendered and paid as in other districts. Changes were made in phraseology. PRIOR PROVISIONS A prior section 549, act June 25, 1948, ch. 646, 62 Stat. 912, related to the marshal's power as a sheriff, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 570 of this title by section 4(c) of Pub. L. 89-554. -End- -CITE- 28 USC Sec. 550 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 35 - UNITED STATES ATTORNEYS -HEAD- Sec. 550. Clerical assistants, messengers, and private process servers -STATUTE- 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, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619; amended Pub. L. 101-647, title XXXVI, Sec. 3626(a), Nov. 29, 1990, 104 Stat. 4965.) -MISC1- 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The words "and at salaries fixed by" are omitted as superseded by the Classification Act of 1949, as amended, which is codified in chapter 51 and subchapter III of chapter 53 of title 5, United States Code. 1948 ACT Prior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., Secs. 484, 593 (May 28, 1896, ch. 252, Sec. 15, 29 Stat. 183; June 30, 1906, ch. 3914, Sec. 1, 34 Stat. 753; July 19, 1919, ch. 24, Sec. 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, Sec. 2, 73 Stat. 474, related to disbursement of salaries and expenses, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 571 of this title by section 4(c) of Pub. 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 572 of this title by section 4(c) of Pub. 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 571 of this title by section 4(c) of Pub. L. 89-554. A prior section 553, acts June 25, 1948, ch. 646, 62 Stat. 912; May 24, 1949, ch. 139, Sec. 72, 63 Stat. 100; Aug. 4, 1955, ch. 550, 69 Stat. 492; Aug. 14, 1961, Pub. L. 87-139, Sec. 5, 75 Stat. 340, related to expenses of marshal, prior to repeal by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 567 of this title by section 4(c) of Pub. 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 573 of this title by section 4(c) of Pub. 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 574 of this title by section 4(c) of Pub. 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663, and reenactment in section 575 of this title by section 4(c) of Pub. L. 89-554. AMENDMENTS 1990 - Pub. L. 101-647 substituted ", messengers, and private process servers" for "and messengers" in section catchline and text. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101-647, set out as an Effective Date note under section 3001 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 594 of this title. -End- -CITE- 28 USC CHAPTER 37 - UNITED STATES MARSHALS SERVICE 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- CHAPTER 37 - UNITED STATES MARSHALS SERVICE -MISC1- Sec. 561. United States Marshals Service. 562. Vacancies. 563. Oath of office. 564. Powers as sheriff. 565. Expenses of the Service. 566. Powers and duties. 567. Collection of fees; accounting. 568. Practice of law prohibited. 569. Reemployment rights. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7608(a)(3), Nov. 18, 1988, 102 Stat. 4514, substituted in chapter heading "Marshals Service" for "Marshals" and amended chapter analysis generally, substituting items 561 to 569 for former items 561 to 576. 1984 - Pub. L. 98-473, title II, Sec. 1211(c), Oct. 12, 1984, 98 Stat. 2163, added item 576. 1982 - Pub. L. 97-258, Sec. 2(g)(3)(A), Sept. 13, 1982, 96 Stat. 1060, added item 572a. 1972 - Pub. L. 92-310, title II, Sec. 206(a)(2), June 6, 1972, 86 Stat. 203, struck out item 564 "Bond". 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619, added chapter 37 and items 561 to 575. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 14405; title 48 sections 1424b, 1614, 1821. -End- -CITE- 28 USC Sec. 561 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 561. United States Marshals Service -STATUTE- (a) There is hereby established a United States Marshals Service as a bureau within the Department of Justice under the authority and direction of the Attorney General. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the "Service") a Director who shall be appointed by the President, by and with the advice and consent of the Senate. (b) The Director of the United States Marshals Service (hereafter in this chapter referred to as the "Director") shall, in addition to the powers and duties set forth in this chapter, exercise such other functions as may be delegated by the Attorney General. (c) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia, except that any marshal appointed for the Northern Mariana Islands may at the same time serve as marshal in another judicial district. Each United States marshal shall be an official of the Service and shall serve under the direction of the Director. (d) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the President, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies. (e) The Director shall designate places within a judicial district for the official station and offices of each marshal. Each marshal shall reside within the district for which such marshal is appointed, except that - (1) the marshal for the District of Columbia, for the Superior Court of the District of Columbia, and for the Southern District of New York may reside within 20 miles of the district for which the marshal is appointed; and (2) any marshal appointed for the Northern Mariana Islands who at the same time is serving as marshal in another district may reside in such other district. (f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder. (g) The Director shall supervise and direct the United States Marshals Service in the performance of its duties. (h) The Director may administer oaths and may take affirmations of officials and employees of the Service, but shall not demand or accept any fee or compensation therefor. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512; amended Pub. L. 107-273, div. A, title III, Sec. 301(b), Nov. 2, 2002, 116 Stat. 1781.) -MISC1- PRIOR PROVISIONS A prior section 561, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619; amended Pub. L. 95-530, Sec. 2, Oct. 27, 1978, 92 Stat. 2028, related to appointment, term, and residence of United States marshals, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). AMENDMENTS 2002 - Subsec. (i). Pub. L. 107-273 struck out subsec. (i) which read as follows: "There are authorized to be appropriated such sums as may be necessary to carry out the functions of the Service." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 562 of this title. -End- -CITE- 28 USC Sec. 562 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 562. Vacancies -STATUTE- (a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent. (b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events: (1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c). (2) The expiration of the thirtieth day following the end of the next session of the Senate. (3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) -MISC1- PRIOR PROVISIONS A prior section 562, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619, related to appointment of deputy marshals and clerical assistants, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). See section 561(f) of this title. -End- -CITE- 28 USC Sec. 563 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 563. Oath of office -STATUTE- The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) -MISC1- PRIOR PROVISIONS A prior section 563, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619, specifically stated the oath of office to be taken, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). See section 561(h) of this title. -End- -CITE- 28 USC Sec. 564 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 564. Powers as sheriff -STATUTE- United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, 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. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) -MISC1- PRIOR PROVISIONS A prior section 564, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619, related to bonds of United States marshals, prior to repeal by Pub. L. 92-310, title II, Sec. 206(a)(1), June 6, 1972, 86 Stat. 203. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3002 of this title. -End- -CITE- 28 USC Sec. 565 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 565. Expenses of the Service -STATUTE- The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guards and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) -MISC1- PRIOR PROVISIONS A prior section 565, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 620, related to filling vacancies, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). See section 562 of this title. -End- -CITE- 28 USC Sec. 566 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 566. Powers and duties -STATUTE- (a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals and the Court of International Trade. (b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. (c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. (d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. (e)(1) The United States Marshals Service is authorized to - (A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding; and (B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General. (2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus. (f) In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into 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. (g) Prior to resignation, retirement, or removal from office - (1) a United States marshal shall deliver to the marshal's successor all prisoners in his custody and all unserved process; and (2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal. (h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General. -SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102 Stat. 4514.) -MISC1- PRIOR PROVISIONS A prior section 566, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 620; amended Pub. L. 92-310, title II, Sec. 206(b), June 6, 1972, 86 Stat. 203, provided that upon death of a marshal his deputy or deputies perform his duties until a successor is appointed and qualifies, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). FUGITIVE APPREHENSION TASK FORCES Pub. L. 106-544, Sec. 6, Dec. 19, 2000, 114 Stat. 2718, provided that: "(a) In General. - The Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and apprehending fugitives. "(b) Authorization of Appropriations. - There are authorized to be appropriated to the Attorney General for the United States Marshals Service to carry out the provisions of this section $30,000,000 for the fiscal year 2001, $5,000,000 for fiscal year 2002, and $5,000,000 for fiscal year 2003. "(c) Other Existing Applicable Law. - Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law enforcement agencies to locate or apprehend fugitives through task forces or any other means." -End- -CITE- 28 USC Sec. 567 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 37 - UNITED STATES MARSHALS SERVICE -HEAD- Sec. 567. Collection of fees; accounting -STATUTE- (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. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 621, Sec. 572; renumbered Sec. 567, Pub. L. 100-690, title VII, Sec. 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 28 U.S.C. 551. [None]. -------------------------------------------------------------------- In subsection (b), the words "may not" are substituted for "shall not". 1948 ACT Prior section 551. - Based on title 28, U.S.C., 1940 ed., Secs. 577, 578a (R.S. Sec. 846; May 28, 1896, ch. 252, Secs. 6, 13, 24, 29 Stat. 179, 183, 186; May 27, 1908, ch. 200, Sec. 1, 35 Stat. 375; June 6, 1930, ch. 409, 46 Stat. 522; Oct. 13, 1941, ch. 431, Sec. 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 e

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