§ 562. — 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: 28USC562]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 37--UNITED STATES MARSHALS SERVICE
Sec. 562. Vacancies
(a) In the case of a vacancy in the office of a United States
marshal, the Attorney General may designate a person to perform the
functions of and act as marshal, except that the Attorney General may
not designate to act as marshal any person who was appointed by the
President to that office but with respect to such appointment the Senate
has refused to give its advice and consent.
(b) A person designated by the Attorney General under subsection (a)
may serve until the earliest of the following events:
(1) The entry into office of a United States marshal appointed
by the President, pursuant to section 561(c).
(2) The expiration of the thirtieth day following the end of the
next session of the Senate.
(3) If such designee of the Attorney General is appointed by the
President pursuant to section 561(c), but the Senate refuses to give
its advice and consent to the appointment, the expiration of the
thirtieth day following such refusal.
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102
Stat. 4513.)
Prior Provisions
A prior section 562, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966,
80 Stat. 619, related to appointment of deputy marshals and clerical
assistants, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). See
section 561(f) of this title.
