28 U.S.C. § 504a — Associate Attorney General

Page 170 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 503 reenactment in section 542 of this title by section 4(c) of Pub. L. 89–554. § 503. Attorney General The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney Gen- eral is the head of the Department of Justice. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 291 (last 10 words). R.S. § 346 (last 10 words). The words ‘‘The President shall appoint, by and with the advice and consent of the Senate’’ have been added to conform the section with the Constitution. See arti- cle II, section 2, clause 2. Editorial Notes PRIOR PROVISIONS A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of attorneys to assist United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 543 of this title by section 4(c) of Pub. L. 89–554. Statutory Notes and Related Subsidiaries ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF VIOLATION OF CONSTITU- TIONAL PROVISIONS GOVERNING COMPENSATION AND OTHER EMOLUMENTS Pub. L. 93–178, § 2, Dec. 10, 1973, 87 Stat. 697, provided that: ‘‘(a) Any person aggrieved by an action of the Attor- ney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and con- tinuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to de- termine the validity of such appointment and continu- ance in office. ‘‘(b) Any action brought under this section shall be heard and determined by a panel of three judges in ac- cordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court. ‘‘(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.’’ § 504. Deputy Attorney General The President may appoint, by and with the advice and consent of the Senate, a Deputy At- torney General. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 107–77, title VI, § 612(c), Nov. 28, 2001, 115 Stat. 800; Pub. L. 107–273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 294. 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 assistant to the Attorney General), 32 Stat. 1062. ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 3, eff. May 24, 1950, 64 Stat. 1261. The words ‘‘may appoint’’ are substituted for ‘‘is au- thorized to appoint’’. So much of the Act of Mar. 3, 1903, as relates to pay 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 504, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86–3, § 11(b), 73 Stat. 9, related to tenure and oath of office of United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in sections 541 and 544 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 2002—Pub. L. 107–273 repealed Pub. L. 107–77, § 612(c). See 2001 Amendment note below. 2001—Pub. L. 107–77, § 612(c), which directed amend- ment of section catchline by substituting ‘‘Attorneys’’ for ‘‘Attorney’’ and amendment of text by inserting ‘‘and a Deputy Attorney General for Combating Domes- tic Terrorism’’ after ‘‘General’’, was repealed by Pub. L. 107–273. Statutory Notes and Related Subsidiaries POSITION RELATING TO COMBATING DOMESTIC TERRORISM Pub. L. 107–77, title VI, § 612, Nov. 28, 2001, 115 Stat. 800, which had authorized appointment of a Deputy At- torney General for Combating Domestic Terrorism, if by June 30, 2002, the President had not submitted a pro- posal to restructure the Department of Justice to in- clude a coordinator of Department of Justice activities relating to combating domestic terrorism, or if Con- gress had failed to enact legislation establishing such a new position, was repealed by Pub. L. 107–273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812. § 504a. Associate Attorney General The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General. (Added Pub. L. 95–139, § 1(a), Oct. 19, 1977, 91 Stat. 1171.) § 505. Solicitor General The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the per- formance of his duties. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 293. R.S. § 347 (less last sentence).