§ 541. — United States attorneys.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC541]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 541. United States attorneys
(a) The President shall appoint, by and with the advice and consent
of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of
four years. On the expiration of his term, a United States attorney
shall continue to perform the duties of his office until his successor
is appointed and qualifies.
(c) Each United States attorney is subject to removal by the
President.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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(a).................. 28 U.S.C. 501. [None].
(b).................. 28 U.S.C. 504(a). [None].
(c).................. 28 U.S.C. 504(b) (less 2d [None].
sentence).
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In subsection (c), the word ``is'' is substituted for ``shall be''.
1948 Act
Prior section 501.--Based on title 28, U.S.C., 1940 ed., Sec. 481,
sections 643 and 863 of title 48, U.S.C., 1940 ed., Territories and
Insular Possessions, and section 11-1001, District of Columbia Code,
1940 ed. (R.S., Sec. 767; June 26, 1876, ch. 147, Secs. 1, 4, 19 Stat.
61, 62; Feb. 24, 1879, ch. 97, Sec. 8, 20 Stat. 320; Mar. 3, 1881, ch.
144, Sec. 7, 21 Stat. 507; Apr. 25, 1882, ch. 87, Secs. 1, 3, 22 Stat.
47; July 20, 1882, ch. 312, Sec. 3, 22 Stat. 172; Aug. 5, 1886, ch. 928,
Sec. 7, 24 Stat. 309; Feb. 22, 1889, ch. 180, Sec. 21, 25 Stat. 682;
July 3, 1890, ch. 656, Sec. 16, 26 Stat. 217; July 10, 1890, ch. 664,
Sec. 16, 26 Stat. 225; Mar. 3, 1893, ch. 220, 27 Stat. 745; July 16,
1894, ch. 138, Secs. 14, 16, 28 Stat. 110, 111; June 24, 1898, ch. 495,
Sec. 1, 30 Stat. 487; Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 85; Apr.
30, 1900, ch. 339, Sec. 86, 31 Stat. 158; May 12, 1900, ch. 391, Sec. 9,
31 Stat. 176; Jan. 22, 1901, ch. 105, Secs. 4, 7, 31 Stat. 736, 737;
Feb. 12, 1901, ch. 355, Secs. 5, 7, 31 Stat. 782; Mar. 2, 1901, ch. 801,
Secs. 3, 5, 31 Stat. 881; Mar. 3, 1901, ch. 854, Sec. 183, 31 Stat.
1220; Mar. 11, 1902, ch. 183, Secs. 5, 6, 32 Stat. 66; June 30, 1902,
ch. 1329, 32 Stat. 527; Mar. 2, 1905, ch. 1305, Secs. 4, 6, 33 Stat.
824; Mar. 3, 1905, ch. 1427, Secs. 13, 15, 19, 33 Stat. 995, 996; June
16, 1906, ch. 3335, Sec. 13, 34 Stat. 275; Mar. 3, 1909, ch. 269,
Sec. 1, 35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 3, 1915,
ch. 100, Secs. 3, 4, 38 Stat. 961; Mar. 2, 1917, ch. 145, Sec. 41, 39
Stat. 965; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; July 9, 1921,
ch. 42, Sec. 313, 42 Stat. 119; May 28, 1926, ch. 414, Sec. 2(b), 44
Stat. 672; Apr. 21, 1928, ch. 393, 45 Stat. 437; Mar. 26, 1928, ch. 51,
Sec. 2, 52 Stat. 118).
Section consolidates section 481 of title 28, U.S.C., 1940 ed., and
section 11-1001 of the District of Columbia Code, 1940 ed., with parts
of sections 643 and 863 of title 48, U.S.C., 1940 ed., relating to
appointment of United States attorneys.
The term ``United States attorney'' was adopted in this section for
``attorney for the United States.'' Since the decision of the Supreme
Court of the United States in In re Neagle, 1890 (10 S. Ct. 658, 135
U.S. 1, 34, L. Ed. 55) where the terms ``attorneys of the United
States'' and ``district attorneys'' were used interchangeably, Congress
has also designated such officers as either ``United States attorneys''
or as ``district attorneys.'' See Acts of Feb. 22, 1886, ch. 928,
Sec. 7, 24 Stat. 309; July 3, 1890, ch. 656, Sec. 16, 26 Stat. 217; July
10, 1890, ch. 664, Sec. 16, 26 Stat. 225, and Acts of July 20, 1882, ch.
312, Sec. 3, 22 Stat. 172; Mar. 3, 1915, ch. 100, Sec. 3, 38 Stat. 961;
May 28, 1926, ch. 414, Sec. 2(b), 44 Stat. 672.
At present, such officers are invariably designated as ``United
States attorneys'' by Federal courts and the Department of Justice.
Words ``The President may appoint, by and with the advice and
consent of the Senate,'' were inserted to conform section with the
Constitution. See article II, section 2, clause 2.
Words ``including the District of Columbia'' were omitted, because
the District is made a judicial district by section 88 of this title.
District of Columbia Code, 1940 ed., Sec. 11-1001, provided for
appointment of an ``attorney of the United States for the District'' by
the President, subject to Senate confirmation.
Words ``learned in the law'' were omitted as unnecessary. Such
requirement is not made of United States judges and no reason appears to
make a distinction respecting United States attorneys.
Parts of section 863 of title 48, U.S.C., 1940 ed., remain in said
title 48. For remainder thereof, see Distribution Table. Other
provisions of section 643 of such title are incorporated in sections
133, 504 [now 541 and 544], and 541 [see 561] of this title.
Changes were made in phraseology.
[The Historical and Revision Notes for former section 504, from
which this section is partially derived, is set out under section 544 of
this title.]
Prior Provisions
A prior section 541, acts June 25, 1948, ch. 646, 62 Stat 910; Mar.
18, 1959, Pub. L. 86-3, Sec. 11(c), (d), 73 Stat. 9, related to
appointment, residence and tenure of marshals, prior to repeal by Pub.
L. 89-554, Sec. 8(a), and reenactment in section 561 of this title by
section 4(c) of Pub. L. 89-554.
Section Referred to in Other Sections
This section is referred to in section 546 of this title.
