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

Search 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.)
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
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.