Public Law 119-73 (01/23/2026)

28 U.S.C. § 546

Vacancies

(a)
Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
(b)
The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.
(c)
A person appointed as United States attorney under this section may serve until the earlier of—
(1)
section 541 of this title the qualification of a United States attorney for such district appointed by the President under ; or
(2)
the expiration of 120 days after appointment by the Attorney General under this section.
(d)
If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

Pub. L. 89–554, § 4(c)80 Stat. 618Pub. L. 99–646, § 69100 Stat. 3616Pub. L. 109–177, title V, § 502120 Stat. 246Pub. L. 110–34, § 2121 Stat. 224(Added , , ; amended , , ; , , ; , , .)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

28 U.S.C. 506.

[None].

Act1948

Prior section 506.—June 24, 1898, ch. 495, § 230 Stat. 487Mar. 3, 1911, ch. 231, § 29136 Stat. 1167Based on title 28, U.S.C., 1940 ed., § 511 (R.S. § 793; , ; , ).

Words “United States attorney” were substituted for “district attorney.” (See Reviser’s Note under section 501 [now 541] of this title.)

Words “The Supreme Court of the Territory, and the district court of the United States for the District of Columbia” were omitted as obsolete. This section, as revised, applies to all districts enumerated in chapter 5 of this title. There were no provisions respecting vacancies in Hawaii and Puerto Rico. Therefore this section remedies this situation and establishes a uniform method to fill interim vacancies.

section 511 of title 28Words “and a copy shall be entered on the journal of the court” after “filed in the clerk’s office of said court”, in , U.S.C., 1940 ed., were omitted as unnecessary.

section 511 of title 28The provisions of , U.S.C., 1940 ed., relating to marshals, are incorporated in sections 544 and 545 [see Prior Provisions notes under those sections] of this title.

Changes were made in phraseology.

Editorial Notes

Prior Provisions

act June 25, 1948, ch. 64662 Stat. 911Pub. L. 89–554, § 8(a)section 566 of this titlesection 4(c) of Pub. L. 89–554A prior section 546, , , related to death of a marshal, prior to repeal by , and reenactment in by .

Amendments

Pub. L. 110–34section 541 of this title2007—Subsecs. (c), (d). added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under .”

Pub. L. 109–1772006—Subsecs. (c), (d). added subsec. (c) and struck out former subsecs. (c) and (d) which related to length of service of a United States attorney appointed under this section and appointment of a United States attorney by a district court after expiration of a previous appointment, respectively.

Pub. L. 99–6461986— amended section generally. Prior to amendment, section read as follows: “The district court for a district in which the office of United States attorney is vacant may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.”

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 110–34, § 3121 Stat. 224

“(a)

In General .—

The amendments made by this Act [amending this section] shall take effect on the date of enactment of this Act [].
“(b)

Application.—

“(1)

In general .—

section 546 of title 28Any person serving as a United States attorney on the day before the date of enactment of this Act [] who was appointed under , United States Code, may serve until the earlier of—
“(A)
the qualification of a United States attorney for such district appointed by the President under section 541 of that title; or
“(B)
120 days after the date of enactment of this Act.
“(2)

Expired appointments .—

section 546(d) of title 28If an appointment expires under paragraph (1), the district court for that district may appoint a United States attorney for that district under , United States Code, as added by this Act.”
, , , provided that: