§ 542. — Assistant 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: 28USC542]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 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.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)
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. 502. [None].
(b).................. 28 U.S.C. 504(b) (2d [None].
sentence, as applicable
to assistant United
States attorneys).
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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., Secs. 483,
594 (May 28, 1896, ch. 252, Sec. 8, 29 Stat. 181; July 19, 1919, ch. 24,
Sec. 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.
Prior Provisions
A 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, Sec. 8(a), and
reenactment in section 562 of this title by section 4(c) of Pub. L. 89-
554.
