28 U.S.C. § 542

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 542 - Assistant United States attorneys

(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.

(b) Each assistant United States attorney is subject to removal by the Attorney General.

28 U.S.C. § 542

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

HISTORICAL AND REVISION NOTES 1966 ACT
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	28 U.S.C. 502.	[None].
(b)	28 U.S.C. 504(b) (2d sentence, as applicable to assistant United States attorneys).	[None].

In subsection (b), the word "is" is substituted for "shall be".

1948 ACT Prior section 502.-Based on title 28, U.S.C., 1940 ed., §§483, 594 (May 28, 1896, ch. 252, §8, 29 Stat. 181; July 19, 1919, ch. 24, §1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560; June 25, 1936, ch. 804, 49 Stat. 1921). Section consolidates sections 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys. Words "United States attorneys" were substituted for "district attorneys." (See reviser's note under section 501 [now 541] of this title.)The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizing appointment of assistant United States attorneys in Alaska.Reference in such section 483 to "District of Columbia" was omitted. (See reviser's note under section 501 [now 541] of this title.)The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the necessity for assistant United States attorneys in their respective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the necessity therefor, were omitted. The Attorney General, as chief law enforcement officer, is in a better position to determine such necessity.The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title.Changes were made in phraseology.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89-554, §8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89-554.