28 U.S.C. § 507

Assistant Attorney General for Administration

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(a) The Attorney General shall appoint, with the approval of the President, an Assistant Attorney 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 system established by the Civil Service Act of 1883 has become 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 service”.

The words “There shall be in the Department of Justice” are omitted as unnecessary as the title of the position and the fact of appointment by the Attorney General establish the location of the position in the Department 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.

Editorial NotesPrior Provisions

A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100, related to duties of United States attorneys, and to supervision by the Attorney General, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in sections 509 and 547 of this title by section 4(c) of Pub. L. 89–554.

Amendments

1999—Subsec. (c). Pub. L. 106–113 added subsec. (c).

Notes of Decisions
Cited in 45 cases, 1949–2004 · leading case: United States v. St. Regis Paper Co., 355 F.2d 688 (2d Cir. 1966).
United States v. St. Regis Paper Co., 355 F.2d 688 (2d Cir. 1966). · cites it 3× “Our conclusion that Sections 16 and 5(1) were intended to be mutually inter-dependent disposes of the Government’s attempt to invoke the plenary authority of the Attorney General to prosecute all civil actions in which the United States is interested, 28 U.S.C. § 507 (a) (2),…”
United States v. Zucca, 351 U.S. 91 (1956). · cites it 2× “[9] 28 U. S. C. § 507 (a) (2). [10] Letter of Attorney General Bonaparte, March 26, 1907 (unpublished, National Archives), cited in a contemporary treatise by a recognized authority on the statute.”
Waldemar P. Thomson v. The United States, 357 F.2d 683 (Ct. Cl. 1966). · cites it 3× “First, the United States Attorney was authorized to deal with plaintiff, not merely to act as an automatic conduit for Washington.”
Carl Zeiss Stiftung v. V. E. B. Carl Zeiss, Jena, 40 F.R.D. 318 (D.D.C. 1966). “28 U.S.C. § 507 (b) ; Exec. Order No. 6166, § 5 (1933), reprinted at 5 U.”
Alex Carl Smith v. United States, 375 F.2d 243 (5th Cir. 1967). “, 28 U.S.C.A. § 507 . The discretion of the Attorney General in choosing whether to prosecute or not to prosecute, or to abandon a prosecution already started, is absolute.”
Arra Ray Messenger v. United States, 231 F.2d 328 (2d Cir. 1956). “§ 309 and 28 U.S.C.A. § 507 , whereby the Attorney General or any officer of the Department of Justice was empowered to “conduct and argue any case in which the government is interested, in any court of the United States * * *,” 16 Stat.”
Louis R. Hutcherson v. United States, 345 F.2d 964 (D.C. Cir. 1965). “” 28 U.S.C. § 507 (b). We are not advised, however, of the extent to which these instructions are followed, 23 and of the extent to which the narcotics squad of the Metropolitan Police Department influences the choice.”
United States v. Zucca, 125 F. Supp. 551 (S.D.N.Y. 1954). · cites it 2× “The Government contends that the source of a United States Attorney’s *553 power to institute civil denaturalization actions is the “duty of each United States attorney, within his district, to * * * prosecute * * * for the government, all civil actions, suits or proceedings in…”
Larsen v. Hoffman, 444 F. Supp. 245 (D.D.C. 1977). “76-0610, were selected for promotion by the Reconstituted Boards, with entitlement to back pay, allowances, and credit for time served. On October 8, 1976, we dismissed as to defendant Porche.”
Pugach v. Klein, 193 F. Supp. 630 (S.D.N.Y. 1961). “28 U.S.C.A. § 507 . In exercising his power, the United States Attorney acts in an administrative capacity as the representative of the public.”
John Smith, Jr. v. Nicholas Deb. Katzenbach, 351 F.2d 810 (D.C. Cir. 1965). “Restraining the Attorney General from enforcing the criminal laws, a duty with which he is expressly charged, see 28 U.S.C. § 507 , is said to be a manifest interference with public administration, cf.”
Huckshold v. HSSL, LLC, 344 F. Supp. 2d 1203 (E.D. Mo. 2004). “[2] See 28 U.S.C. § 507 (b) (providing for a three-year statute of limitations for civil actions maintained under the Copyright Act).”
— 28 U.S.C. § 507(a) — 2 cases
United States v. St. Regis Paper Co., 355 F.2d 688 (2d Cir. 1966). “Our conclusion that Sections 16 and 5(1) were intended to be mutually inter-dependent disposes of the Government’s attempt to invoke the plenary authority of the Attorney General to prosecute all civil actions in which the United States is interested, 28 U.S.C. § 507 (a) (2),…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.