Public Law 119-87 (04/30/2026)

28 U.S.C. § 548

Salaries

section 543 of this titlesection 5315 of title 5Subject 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 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 , United States Code.

Pub. L. 89–554, § 4(c)80 Stat. 618 Pub. L. 98–473, title II, § 1701(a)98 Stat. 2184 (Added , , ; amended , .)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

28 U.S.C. 508.

[None].

section 5332 of title 5The 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 ” are substituted for “grade 18 of the General Schedule of the Classification Act of 1949, as amended”.

Act1948

Prior section 508.—section 312 of title 5May 28, 1896, ch. 252 29 Stat. 181 Mar. 3, 1903, ch. 1007, § 1 32 Stat. 1141 Mar. 4, 1907, ch. 2918, § 1 34 Stat. 1360 May 27, 1908, ch. 200, § 1 35 Stat. 375 July 19, 1919, ch. 24, § 1 41 Stat. 209 June 1, 1922, ch. 204 42 Stat. 616 Jan. 3, 1923, ch. 21 42 Stat. 1083 Mar. 4, 1923, ch. 295 42 Stat. 1560 May 28, 1924, ch. 204 43 Stat. 220 Based on , U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, and title 28, U.S.C., 1940 ed., §§ 579 and 580 (R.S. § 363; , §§ 8, 24, , 186; , ; , ; , ; , ; , title II (part), ; , title II, ; , ; , title II (part), ).

section 312 of title 5section 579 of title 28section 580 of title 28Section consolidates part of , U.S.C., 1940 ed., and part of , U.S.C., 1940 ed., with , U.S.C., 1940 ed.

section 312 of title 5Sections 579 and 580 of title 28, U.S.C., 1940 ed., fixed specific salaries for the United States attorneys and assistants, while , U.S.C., 1940 ed., provided for a contractual arrangement for compensation of special attorneys.

section 678 of title 5According to a Department of Justice interpretation, provisions for specific salaries were superseded by , which provides for adjustment of compensation by heads of departments.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.

section 312 of title 5section 579 of title 28Other provisions of , 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 , U.S.C., 1940 ed., are incorporated in section 552 [see Prior Provisions note for that section] of this title.

Editorial Notes

Prior Provisions

act June 25, 1948, ch. 646 62 Stat. 912 Pub. L. 89–554, § 8(a)A prior section 548, , , related to administration of oaths by marshals, prior to repeal by .

Amendments

Pub. L. 98–473section 5315 of title 5section 5332 of title 51984— amended section generally, substituting “rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in , United States Code” for “highest rate of GS–18 of the General Schedule set forth in ”.

Statutory Notes and Related Subsidiaries

Salary Increases

section 2 of Pub. L. 91–231Pub. L. 91–231section 5332 of Title 51969—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 , by amounts equal, as nearly as may be practicable, to the increases provided pursuant to , which raised corresponding rates by 6 percent, see , formerly set out as a note under , Government Organization and Employees.

Pub. L. 90–206, title II, § 211(a)81 Stat. 633

section 548 of title 28section 202 of this titlesection 5332 of Title 5section 202(a) of this titlesection 5332(a) of Title 5“The rates of basic pay of United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to , United States Code shall be increased, effective on the effective date of [see Effective Date of 1967 Amendment note set out under ] by amounts equal, as nearly as may be practicable, to the increases provided by [see ] for corresponding rates of basic pay.”
1967—, , , provided that:

Section 211(a) of Pub. L. 90–206section 220(a)(2) of Pub. L. 90–206section 5332 of Title 5 effective as of the beginning of the first pay period which begins on or after , see , set out as a note under .

Pub. L. 89–504, title I, § 108(a)80 Stat. 293

section 508 of title 28section 102 of this titlesection 102(a) of this titlesection 5332(a) of Title 5“The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to , United States Code [now this section] shall be increased, effective on the effective date of [first day of the first pay period beginning on or after ], by amounts equal, as nearly as may be practicable, to the increases provided by [see ], for corresponding rates of compensation.”
1966—, , , provided that:

section 109(1) of Pub. L. 89–504Provision effective , see .

Pub. L. 89–301, § 15(a)79 Stat. 1122

section 508 of title 28“The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to , 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 .”
1965—, , , provided that:

Pub. L. 87–793, § 1003(b)76 Stat. 866

section 508 of title 28“The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed by , United States Code, [now this section], shall be increased by 7½ per centum effective on the first day of the first pay period which begins on or after the date of enactment of this Act [].”
1962—, , , provided that:

Compensation of Incumbent United States Attorneys and Assistant United States Attorneys

Pub. L. 88–426, § 306(a)(2)78 Stat. 428 Pub. L. 88–631, § 3(c)78 Stat. 1008

“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].”
, , , as amended by , , , provided that:

Alaska, Canal Zone and Virgin Islands

Act Mar. 2, 1955, ch. 9, § 2(b) 69 Stat. 10

section 508 of title 28“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 , United States Code [now this section.]”
, , provided that:

Salary Limitations

Aug. 5, 1953, ch. 328 67 Stat. 375 July 2, 1954, ch. 456 68 Stat. 421 Pub. L. 89–554, § 8(a)80 Stat. 657 Acts , title II, § 202, ; , title II, § 202, , which prescribed salary limitations, were repealed by , , .