Notes on 28 U.S.C. § 545 : US Code - Notes

    (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; Pub. L. 109-
    177, title V, Sec. 501(a), Mar. 9, 2006, 120 Stat. 246.)





                       HISTORICAL AND REVISION NOTES                   
                                 1966 ACT                             
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     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
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                    28 U.S.C. 505.      [None].                          
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      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                            
      2006 - Subsec. (a). Pub. L. 109-177 inserted at end "Pursuant to
    an order from the Attorney General or his designee, a United States
    attorney or an assistant United States attorney may be assigned
    dual or additional responsibilities that exempt such officer from
    the residency requirement in this subsection for a specific period
    as established by the order and subject to renewal."
      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.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-177, title V, Sec. 501(b), Mar. 9, 2006, 120 Stat.
    246, provided that: "The amendment made by subsection (a) [amending
    this section] shall take effect as of February 1, 2005."