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
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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28 U.S.C. [None].
507(a).
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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.