§ 508. — Vacancies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC508]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 508. Vacancies
(a) In case of a vacancy in the office of Attorney General, or of
his absence or disability, the Deputy Attorney General may exercise all
the duties of that office, and for the purpose of section 3345 of title
5 the Deputy Attorney General is the first assistant to the Attorney
General.
(b) When by reason of absence, disability, or vacancy in office,
neither the Attorney General nor the Deputy Attorney General is
available to exercise the duties of the office of Attorney General, the
Associate Attorney General shall act as Attorney General. The Attorney
General may designate the Solicitor General and the Assistant Attorneys
General, in further order of succession, to act as Attorney General.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended
Pub. L. 95-139, Sec. 2, Oct. 19, 1977, 91 Stat. 1171.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
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[Uncodified]. R.S. Sec. 347 (last
sentence).
......................... 1953 Reorg. Plan No.
4, Sec. 1, eff. June
20, 1953, 67 Stat.
636.
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The last sentence of R.S. Sec. 347 is cited as authority inasmuch as
the function contained therein was the function transferred to the
Deputy Attorney General by 1953 Reorg. Plan No. 4. The word ``may'' is
substituted for ``have the power''. The words ``During any period of
time'' are omitted as unnecessary.
Prior Provisions
A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar.
2, 1955, ch. 9, Sec. 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87-793,
Sec. 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426, title III,
Sec. 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88-631, Sec. 3(b),
78 Stat. 1008, related to salaries of United States attorneys, assistant
United States attorneys, and special attorneys, prior to repeal by Pub.
L. 89-554, Sec. 8(a), and reenactment in section 548 of this title by
section 4(c) of Pub. L. 89-554.
Amendments
1977--Subsec. (b). Pub. L. 95-139 substituted ``the Associate
Attorney General shall act as Attorney General. The Attorney General may
designate the Solicitor General and the Assistant Attorneys General, in
further order of succession, to act as Attorney General'' for ``the
Assistant Attorneys General and the Solicitor General, in such order of
succession as the Attorney General may from time to time prescribe,
shall act as Attorney General''.
