28 U.S.C. § 506 — Assistant Attorneys General

Page 171 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 507 So much of R.S. § 347 as relates to the pay of the So- licitor General is omitted as superseded by § 303(c) of the Act of Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code. Editorial Notes PRIOR PROVISIONS A prior section 505, act June 25, 1948, ch. 646, 62 Stat. 909, related to residence of United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 545 of this title by section 4(c) of Pub. L. 89–554. § 506. Assistant Attorneys General The President shall appoint, by and with the advice and consent of the Senate, 11 Assistant Attorneys General, who shall assist the Attor- ney General in the performance of his duties. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–598, title II, § 218, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 109–177, title V, § 506(a)(2), Mar. 9, 2006, 120 Stat. 247.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 295. R.S. § 348. July 11, 1890, ch. 667, § 1 (words between 3d and 4th semi- colons under ‘‘Department of Justice’’), 26 Stat. 265. Mar. 3, 1903, ch. 1006, § 1 (so much of 2d par. under ‘‘De- partment of Justice’’ as pro- vides for appointment, pay, and duties of an additional Assistant Attorney Gen- eral), 32 Stat. 1062. July 16, 1914, ch. 141, § 1 (words between 3d and 4th semi- colons under ‘‘Department of Justice’’), 38 Stat. 497. Mar. 4, 1915, ch. 141, § 1 (words between 3d and 4th semi- colons under ‘‘Department of Justice’’), 38 Stat. 1038. June 16, 1933, ch. 101, § 16(b), 48 Stat. 308. Mar. 2, 1943, ch. 7, 57 Stat. 4. ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 4, eff. May 24, 1950, 64 Stat. 1261. ..................... [Uncodified]. 1953 Reorg. Plan No. 4, § 2, eff. June 20, 1953. 67 Stat. 636. ..................... 5 U.S.C. 295–1. Sept. 9, 1957, Pub. L. 85–315, § 111, 71 Stat. 637. The words ‘‘There shall be in the Department of Jus- tice’’ are omitted as unnecessary as the title of the po- sitions establishes their location in the Department of Justice. The position of sixth Assistant Attorney General, re- ferred to in the Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent position by the Act of Mar. 4, 1915, ch. 141, § 6, 38 Stat. 1049. The number of Assistant Attorneys General referred to in the Act of Mar. 2, 1943, is changed from ‘‘six’’ to ‘‘nine’’ to reflect the three additional Assistant Attor- neys General authorized by 1950 Reorg. Plan No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9, 1957. The words ‘‘learned in the law’’ are omitted as unnec- essary. Such a requirement is not made of the Attorney General, United States attorneys, or United States judges. (See reviser’s note under 28 U.S.C. 501, 1964 ed.) The reference in former section 295 of title 5 to the Assistant Attorneys General assisting the Solicitor General are omitted on authority of the transfer of functions made by 1950 Reorg. Plan No. 2 and 1953 Reorg. Plan No. 4. Provisions of 1950 Reorg. Plan No. 2, § 4, and 1953 Reorg. Plan No. 4, § 2, abolishing positions and transfer- ring incumbents are omitted as executed. Provisions relating to pay of Assistant Attorneys General are omitted as superseded by § 303(d) of the Act of August 14, 1964, Pub. L. 88–426, 78 Stat. 418, which is codified in section 5315 of title 5, United States Code. Editorial Notes PRIOR PROVISIONS A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909, related to vacancies in the office of United States attorney, prior to repeal by Pub. L. 89–554, § 8(a), and re- enactment in section 546 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 2006—Pub. L. 109–177 substituted ‘‘11’’ for ‘‘ten’’. 1978—Pub. L. 95–598 substituted ‘‘ten’’ for ‘‘nine’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. § 507. Assistant Attorney General for Administra- tion (a) The Attorney General shall appoint, with the approval of the President, an Assistant At- torney General for Administration, who shall perform such duties as the Attorney General may prescribe. (b) The position of Assistant Attorney General for Administration is in the competitive service. (c) Notwithstanding the provisions of section 901 of title 31, United States Code, the Assistant Attorney General for Administration shall be the Chief Financial Officer of the Department of Justice. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 111], Nov. 29, 1999, 113 Stat. 1535, 1501A–20.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 5 eff. May 24, 1950, 64 Stat. 1261. The title of the position was changed to ‘‘Assistant Attorney General for Administration’’ by § 307 of the Act of Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 432. The words ‘‘competitive service’’ are substituted for ‘‘classified civil service’’ because the term ‘‘classified civil service’’ formerly used to designate the merit sys- tem established by the Civil Service Act of 1883 has be- come ambiguous due to the creation of the ‘‘classified’’ pay system. The term ‘‘competitive service’’ is now customarily used, and appears throughout title 5, United States Code, in place of ‘‘classified civil serv- ice’’. The words ‘‘There shall be in the Department of Jus- tice’’ are omitted as unnecessary as the title of the po- sition and the fact of appointment by the Attorney General establish the location of the position in the De- partment of Justice. The last 12 words of section 5 of the Reorganization Plan are omitted on authority of the Act of June 5, 1952, ch. 369, § 1101 (3d proviso), 66 Stat. 121. The salary of the position is now fixed by § 303(e) of the Act of Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 420, which is codified in section 5316 of title 5, United States Code.