CITE

    28 USC Sec. 547                                             01/05/2009

EXPCITE

    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 35 - UNITED STATES ATTORNEYS

HEAD

    Sec. 547. Duties

STATUTE

      Except as otherwise provided by law, each United States attorney,
    within his district, shall -
        (1) prosecute for all offenses against the United States;
        (2) prosecute or defend, for the Government, all civil actions,
      suits or proceedings in which the United States is concerned;
        (3) appear in behalf of the defendants in all civil actions,
      suits or proceedings pending in his district against collectors,
      or other officers of the revenue or customs for any act done by
      them or for the recovery of any money exacted by or paid to these
      officers, and by them paid into the Treasury;
        (4) institute and prosecute proceedings for the collection of
      fines, penalties, and forfeitures incurred for violation of any
      revenue law, unless satisfied on investigation that justice does
      not require the proceedings; and
        (5) make such reports as the Attorney General may direct.

SOURCE

    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)

HISTORICAL AND REVISION NOTES

                                 1966 ACT
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and
                                                Statutes at Large
    --------------------------------------------------------------------
                    28 U.S.C.           [None].
                     507(a).
    --------------------------------------------------------------------
      The word "shall" is substituted for "it shall be the duty of".
                                 1948 ACT
      Prior section 507. - Based on sections 312, 317, 323, 324, 327,
    329, 330, 331 of title 5, U.S.C., 1940 ed., Executive Departments
    and Government Officers and Employees; second paragraph of section
    305e of title 25, U.S.C., 1940 ed., Indians; and title 28, U.S.C.,
    1940 ed., Secs. 485, 486, 487, 488, 489 (R.S. Secs. 362, 363, 373,
    374, 377, 379-381, 771-775, 838; Feb. 27, 1877, ch. 69, Sec. 1, 19
    Stat. 241; Apr. 9, 1910, ch. 152, 36 Stat. 294; Mar. 3, 1911, ch.
    231, Sec. 291, 36 Stat. 1167; May 10, 1934, ch. 277, Sec. 512, 48
    Stat. 758; Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893).
      This section consolidates provisions of the sections enumerated
    above.
      Other provisions of section 312 of title 5, U.S.C., 1940 ed., are
    incorporated in sections 503 [now 543] and 508 [now 548] of this
    title.
      All requirements in said sections for reports to officers other
    than the Attorney General are omitted as unnecessary and are
    simplified in subsection (a)(5) of this section. The Attorney
    General directs the course of litigation in government cases and
    makes appropriate rules for furnishing information promptly to the
    Departments interested.
      Specific duties fixed by sections 485 - 489 of title 28, U.S.C.,
    1940 ed., and the second paragraph of section 305e of title 25,
    U.S.C., 1940 ed., to prosecute and defend both civil and criminal
    proceedings, are covered in subsections (a)(1)-(4) of this section.
      Use of "revenue law" in subsection (a)(4) in this section, which
    is based on section 486 of title 28, U.S.C., 1940 ed., obviates
    repetition of provisions relating to customs and revenue laws as
    both are covered by the term. For discussion of this point, see
    reviser's note under section 3283 in House Report 152, to accompany
    H.R. 1600 Eightieth Congress, for revision of the Criminal Code.
      The following sections of said title 5, U.S.C., 1940 ed., are
    superseded by, covered by, or inconsistent with subsection
    (a)(2)(5) of this section, subsection (b) of this section [now
    section 519 of this title], and section 5 of Executive Order No.
    6166 of June 10, 1933, transferring to the Department of Justice
    the function of supervising the work of United States attorneys in
    connection with suits by or against the United States exercised by
    any agency or officer:
      Section 323 requiring the General Counsel of the Treasury to make
    entries of bonds delivered to United States attorneys by collectors
    for suit until the amounts have been paid or judgments secured;
      Section 324 requiring said General Counsel to examine and compare
    the reports made by collectors of bonds delivered by them to United
    States attorneys for suit, and of the returns of such bonds;
      Section 329 authorizing said General Counsel to instruct United
    States attorneys, marshals and clerks in all matters relating to
    suits, except for taxes, forfeitures and penalties, and to require
    them to make such reports to him as he may direct. The first
    provision of section 329 of title 5, U.S.C., 1940 ed., is covered
    by the last paragraph of this section [now section 519 of this
    title], under which the Attorney General exercises supervision of
    the duties of United States attorneys. The Director of the
    Administrative Office of the United States Courts supervises the
    duties of clerks under chapter 41 of this title. The provision for
    authority of said General Counsel over marshals, also contained in
    section 329, is incorporated in section 547 [see Prior Provisions
    note below] of this title in which such authority is vested in the
    Attorney General.
      Section 327 of title 5, U.S.C., 1940 ed., authorized said General
    Counsel to establish regulations, subject to approval by the
    Attorney General, to be observed by United States attorneys and
    marshals in which the United States is a party. The provision as to
    United States attorneys is also covered by the last paragraph of
    this section [now section 519 of this title], and that as to
    marshals is covered by section 547 [see Prior Provisions note
    below] of this title.
      Provisions of section 327 of title 5, U.S.C., 1940 ed., relating
    to establishment of regulations for the observance of collectors of
    the customs, by the General Counsel for the Department of the
    Treasury, with the approbation of the Secretary of the Treasury,
    was omitted and recommended for repeal as covered by section 66 of
    title 19, U.S.C., 1940 ed., Customs Duties.
      The last paragraph of this section [now section 519 of this
    title], is based on the first clause of section 317 of title 5,
    U.S.C., 1940 ed.; see also section 309 of title 5. The second
    clause of said section 317 is covered by subsection (a)(5) of this
    section. The authority of the Attorney General over marshals and
    the requirement that they shall report to him the conduct and state
    of their offices, contained also in said section 317, is
    incorporated in section 547 [see Prior Provisions note below] of
    this title.
      Section 330 of title 5, U.S.C., 1940 ed., which required that
    United States attorneys should conduct, under direction of the
    General Counsel of the Treasury, all suits and proceedings
    involving the United States under the laws governing national
    banking associations is covered by subsection (a)(2) of this
    section.
      Section 331 of title 5, U.S.C., 1940 ed., requiring United States
    attorneys to obey directions of the Department of Justice in suits
    for money due the Post Office Department, is covered also by
    subsection (a)(2) of this section.
      Changes in arrangement and phraseology were made.
                             PRIOR PROVISIONS
      A prior section 547, acts June 25, 1948, ch. 646, 62 Stat. 912;
    Oct. 18, 1962, Pub. L. 87-845, Sec. 8, 76A Stat. 699, related to
    powers and duties of marshals, prior to repeal by Pub. L. 89-554,
    Sec. 8(a), and reenactment in section 569 of this title by section
    4(c) of Pub. L. 89-554.
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