§ 545. — Residence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC545]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 545. Residence
(a) Each United States attorney shall reside in the district for
which he is appointed, except that these officers of the District of
Columbia, the Southern District of New York, and the Eastern District of
New York may reside within 20 miles thereof. Each assistant United
States attorney shall reside in the district for which he or she is
appointed or within 25 miles thereof. The provisions of this subsection
shall not apply to any United States attorney or assistant United States
attorney appointed for the Northern Mariana Islands who at the same time
is serving in the same capacity in another district.
(b) The Attorney General may determine the official stations of
United States attorneys and assistant United States attorneys within the
districts for which they are appointed.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618; amended
Pub. L. 95-530, Sec. 1, Oct. 27, 1978, 92 Stat. 2028; Pub. L. 96-91,
Oct. 25, 1979, 93 Stat. 700; Pub. L. 103-322, title XXXII, Sec. 320932,
Sept. 13, 1994, 108 Stat. 2135.)
Historical and Revision Notes
1966 Act
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
28 U.S.C. 505. [None].
------------------------------------------------------------------------
In subsection (a), the word ``shall'' is substituted for ``must''.
The word ``thereof'' is substituted for ``of the District''.
1948 Act
Prior section 505.--Based on title 28, U.S.C., 1940 ed., Sec. 524
(June 20, 1874, ch. 328, Sec. 2, 18 Stat. 109; May 28, 1896, ch. 252,
Secs. 8, 12, 29 Stat. 181, 183; Mar. 3, 1911, ch. 231, Sec. 291, 36
Stat. 1167; June 14, 1941, ch. 203, Secs. 1, 2, 55 Stat. 251).
The provisions of section 524 of title 28, U.S.C., 1940 ed., that
the United States attorney shall give his personal attention to the
duties of his office and declaring the office of United States attorney
vacant upon his removal from his district or neglect of duty, were
omitted as unnecessary and inconsistent with section 507(b) [now 519] of
this title, charging the Attorney General with the duty of supervising
the United States attorneys in the performance of their duties.
The provision permitting the United States attorney and his
assistants to reside within twenty miles of the District of Columbia was
added because of the relatively small and congested area of the
District, as a result of which few Federal officers are appointed from
the District or reside therein. Also the residence requirement of this
section has no relation to domicile or voting residence nor does it
affect the citizenship or residence status of District of Columbia
officeholders in the several States from which appointed.
Only citizens of Hawaii resident therein at least 3 years preceding
appointment may be appointed as United States Attorneys for the district
of Hawaii. See section 501 [now 541] of this title.
Other provisions of section 524 of title 28, U.S.C., 1940 ed., were
incorporated in sections 541 [see 561] and 751 of this title.
Changes were made in phraseology.
Prior Provisions
A prior section 545, act June 25, 1948, ch. 646, 62 Stat. 911,
related to vacancies in the office of the United States Marshal, prior
to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 565
of this title by section 4(c) of Pub. L. 89-554.
Amendments
1994--Subsec. (a). Pub. L. 103-322 struck out ``and assistant United
States attorney'' after ``Each United States attorney'' and inserted
after first sentence ``Each assistant United States attorney shall
reside in the district for which he or she is appointed or within 25
miles thereof.''
1979--Subsec. (a). Pub. L. 96-91 inserted provisions authorizing the
United States attorney and the assistant United States attorneys for the
Eastern District of New York to reside outside the district but within
20 miles thereof.
1978--Subsec. (a). Pub. L. 95-530 inserted provision that this
subsection not apply to any United States attorney or assistant United
States attorney appointed for the Northern Mariana Islands who at the
same time is serving in the same capacity in another district.
