§ 548. — Salaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC548]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 548. Salaries
Subject to sections 5315 through 5317 of title 5, the Attorney
General shall fix the annual salaries of United States attorneys,
assistant United States attorneys, and attorneys appointed under section
543 of this title at rates of compensation not in excess of the rate of
basic compensation provided for Executive Level IV of the Executive
Schedule set forth in section 5315 of title 5, United States Code.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618; amended
Pub. L. 98-473, title II, Sec. 1701(a) Oct. 12, 1984, 98 Stat. 2184.)
Historical and Revision Notes
1966 Act
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
28 U.S.C. 508. [None].
------------------------------------------------------------------------
The words ``sections 5315-5317 of title 5'' are substituted for
``subsection (f) and (g) of section 303 of the Federal Executive Salary
Act of 1964'' to reflect the codification of those subsections in title
5. The words ``GS-18 of the General Schedule set forth in section 5332
of title 5'' are substituted for ``grade 18 of the General Schedule of
the Classification Act of 1949, as amended''.
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., Secs. 579 and 580 (R.S. Sec. 363; May 28,
1896, ch. 252, Secs. 8, 24, 29 Stat. 181, 186; Mar. 3, 1903, ch. 1007,
Sec. 1, 32 Stat. 1141; Mar. 4, 1907, ch. 2918, Sec. 1, 34 Stat. 1360;
May 27, 1908, ch. 200, Sec. 1, 35 Stat. 375; July 19, 1919, ch. 24,
Sec. 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.
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, Sec. 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''.
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, set out as a note under section 5332 of
Title 5, Government Organization and Employees.
1967--Pub. L. 90-206, title II, Sec. 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, Sec. 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, Sec. 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, Sec. 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 7\1/2\
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, Sec. 306(a)(2), Aug. 14, 1962, 78 Stat. 428, as
amended by Pub. L. 88-631, Sec. 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, Sec. 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, Sec. 202, 67 Stat. 375; July
2, 1954, ch. 456, title II, Sec. 202, 68 Stat. 421, which prescribed
salary limitations, were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6,
1966, 80 Stat. 657.
Section Referred to in Other Sections
This section is referred to in section 594 of this title.
