§ 506. — Assistant Attorneys General.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC506]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 506. Assistant Attorneys General
The President shall appoint, by and with the advice and consent of
the Senate, ten Assistant Attorneys General, who shall assist the
Attorney General in the performance of his duties.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended
Pub. L. 95-598, title II, Sec. 218, Nov. 6, 1978, 92 Stat. 2662.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 295. R.S. Sec. 348.
......................... July 11, 1890, ch.
667, Sec. 1 (words
between 3d and 4th
semicolons under
``Department of
Justice''), 26 Stat.
265.
......................... Mar. 3, 1903, ch.
1006, Sec. 1 (so
much of 2d par. under
``Department of
Justice'' as provides
for appointment, pay,
and duties of an
additional Assistant
Attorney General), 32
Stat. 1062.
......................... July 16, 1914, ch.
141, Sec. 1 (words
between 3d and 4th
semicolons under
``Department of
Justice''), 38 Stat.
497.
......................... Mar. 4, 1915, ch. 141,
Sec. 1 (words
between 3d and 4th
semicolons under
``Department of
Justice''), 38 Stat.
1038.
......................... June 16, 1933, ch.
101, Sec. 16(b), 48
Stat. 308.
......................... Mar. 2, 1943, ch. 7,
57 Stat. 4.
[Uncodified]. 1950 Reorg. Plan No.
2, Sec. 4, eff. May
24, 1950, 64 Stat.
1261.
[Uncodified]. 1953 Reorg. Plan No.
4, Sec. 2, eff. June
20, 1953. 67 Stat.
636.
5 U.S.C. 295-1. Sept. 9, 1957, Pub. L.
85-315, Sec. 111, 71
Stat. 637.
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The words ``There shall be in the Department of Justice'' are
omitted as unnecessary as the title of the positions establishes their
location in the Department of Justice.
The position of sixth Assistant Attorney General, referred to in the
Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent position
by the Act of Mar. 4, 1915, ch. 141, Sec. 6, 38 Stat. 1049.
The number of Assistant Attorneys General referred to in the Act of
Mar. 2, 1943, is changed from ``six'' to ``nine'' to reflect the three
additional Assistant Attorneys General authorized by 1950 Reorg. Plan
No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9, 1957.
The words ``learned in the law'' are omitted as unnecessary. Such a
requirement is not made of the Attorney General, United States
attorneys, or United States judges. (See reviser's note under 28 U.S.C.
501, 1964 ed.)
The reference in former section 295 of title 5 to the Assistant
Attorneys General assisting the Solicitor General are omitted on
authority of the transfer of functions made by 1950 Reorg. Plan No. 2
and 1953 Reorg. Plan No. 4.
Provisions of 1950 Reorg. Plan No. 2, Sec. 4, and 1953 Reorg. Plan
No. 4, Sec. 2, abolishing positions and transferring incumbents are
omitted as executed.
Provisions relating to pay of Assistant Attorneys General are
omitted as superseded by Sec. 303(d) of the Act of August 14, 1964, Pub.
L. 88-426, 78 Stat. 418, which is codified in section 5315 of title 5,
United States Code.
Prior Provisions
A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909,
related to vacancies in the office of United States attorney, prior to
repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 546 of
this title by section 4(c) of Pub. L. 89-554.
Amendments
1978--Pub. L. 95-598 substituted ``ten'' for ``nine''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.