[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC549]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 549. Expenses
Necessary office expenses of United States attorneys shall be
allowed when authorized by the Attorney General.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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28 U.S.C. 509. [None].
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The second paragraph of former section 509 is omitted as it was
superseded by the Travel Expense Act of 1949, which is codified in
subchapter I of chapter 57 of title 5, United States Code.
The second paragraph was based in part on former section 73 of title
5, 1940 ed., which was superseded by the Subsistence Expense Act of
1926.
Section 6 of the Travel Expense Act of 1949, which is codified in
section 5706 of title 5, United States Code, substantially reenacted
former section 73 of title 5, 1940 ed., which was repealed by the Act of
June 25, 1948, ch. 646, by which title 28 was originally enacted. The
purpose of section 6 was to allow reimbursement for only such actual and
necessary travel expenses incurred unless otherwise permitted by the Act
of 1949 itself or by laws relating to the military. Section 6 did not,
however, provide for the exception of United States attorneys as did
former section 73.
Sections 2 and 3 of the Act of 1949, which are codified in sections
5701 and 5702 of title 5, United States Code, defined the coverage of
the Act and allowed for specific exclusions in the legislative and
judicial branches but did not mention an exclusion in the executive
branch for United States attorneys.
Section 7 of the 1949 Act, which is codified in section 5707 of
title 5, United States Code, expressly vested in the Director of the
Bureau of the Budget the authority to prescribe regulations covering
travel allowances and the reimbursement of travel expenses.
Section 8 of the 1949 Act, which is codified in section 5708(1), (2)
of title 5, United States Code, made specific exclusions from the
coverage of the Act, and United States attorneys were not so excluded.
Section 9 of the 1949 Act, which is codified in section 5708(3), (4)
of title 5, United States Code, modified acts inconsistent with the 1949
Act, and specifically mentioned acts which authorize reimbursement of
``actual and necessary'' expenses.
1948 Act
Prior section 509.--Based on sections 73 and 318 of title 5, U.S.C.,
1940 ed., Executive Departments and Government Officers and Employees,
and title 28, U.S.C., 1940 ed., Secs. 586, 587 and 592 (R.S. Secs. 368,
833, 834; Mar. 3, 1875, ch. 133, Sec. 1, 18 Stat. 452; May 28, 1896, ch.
252, Secs. 13, 14, 24, 29 Stat. 183, 186; Mar. 4, 1907, ch. 2918,
Sec. 1, 34 Stat. 1360; May 27, 1908, ch. 200, Sec. 1, 35 Stat. 375; Mar.
3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; July 1, 1918, ch. 113,
Sec. 1, 40 Stat. 683; July 19, 1919, ch. 24, Sec. 1, 41 Stat. 209; Dec.
24, 1942, ch. 825, Sec. 3, 56 Stat. 1089).
Section consolidates parts of sections 73 and 318 of title 5,
U.S.C., 1940 ed., and of sections 586, 587, and 592 of title 28, U.S.C.,
1940 ed.
First paragraph of this section is from section 587 of title 28,
U.S.C., 1940 ed., which did not apply to Alaska because of the
restriction in section 591 of said title 28. However, the latter section
has been superseded, in that respect, by subsequent appropriation acts,
the latest being act July 5, 1946, ch. 541, title II, 60 Stat. 460,
which specifically allows office expenses for United States attorneys in
Alaska. This section applies to all United States attorneys.
Section 73 of title 5, U.S.C., 1940 ed., allowed only actual
traveling expenses to Government employees, except ``district
attorneys,'' marshals and clerks of courts and their deputies. It has
been superseded by the Subsistence Expense Act of 1926. See sections 821
et seq. of said title 5.
References in section 592 of title 28, U.S.C., 1940 ed., to absence
``from their respective official residences'' and to going to and
returning from attendance before courts, etc., were omitted as
surplusage and covered by the phrase ``on official business.'' Language
relating to Standardized Government Travel Regulations was also omitted
as the reference in this section is to the provision in the Subsistence
Expense Act, supra, authorizing those regulations. Verification under
oath provision was omitted as covered by section 553 [see Prior
Provisions note for that section] of this title which simplifies
procedure by requiring payment upon certification by the payee. The
penal provisions of title 18 are ample protection against fraud and an
oath alone is no deterrent.
The requirement in section 592 of title 28, U.S.C., 1940 ed., that
the marshals should include such payments in their accounts for auditing
and allowance, was omitted as unnecessary. See section 541 et seq. [now
section 561 et seq.] of this title and section 71 et seq. of title 31,
U.S.C., 1940 ed.
Section 318 of title 5, U.S.C., 1940 ed., required the Attorney
General to supervise the accounts of ``district'' attorneys, marshals,
clerks, and other court officers. The language of this section covers
that requirement. The provision as to marshals is incorporated in
section 547 [see Prior Provisions note under that section] of this
title.
Quarterly expense accounts were required of United States attorneys
and marshals by section 586 of title 28, U.S.C., 1940 ed. Such provision
is omitted as unnecessary in view of this section and section 547 [see
Prior Provisions note under that section] of this title. Further
provisions of said section 586 that office expenses of United States
attorneys, assistants, and marshals should be allowed under regulations
of the Attorney General and verified under oath, are simplified by this
section and section 550 [see Prior Provisions note under that section]
of this title. Another provision 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
Provision
