2015 US Code
Title 28 - Judiciary and Judicial Procedure (Sections 1 - 5001)
Part II - Department of Justice (Sections 501 - 599B)
Chapter 31 - The Attorney General (Sections 501 - 530D)
Sec. 508 - Vacancies
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL Sec. 508 - Vacancies |
Contains | section 508 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95-139, §2, Oct. 19, 1977, 91 Stat. 1171. |
Statutes at Large References | 62 Stat. 910 67 Stat. 636 69 Stat. 10 76 Stat. 865 78 Stat. 428, 1008 80 Stat. 612 91 Stat. 1171 |
Public and Private Laws | Public Law 87-793, Public Law 88-426, Public Law 88-631, Public Law 89-554, Public Law 95-139 |
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(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, §4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–139, §2, Oct. 19, 1977, 91 Stat. 1171.)
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
[Uncodified]. | R.S. §347 (last sentence). | |
1953 Reorg. Plan No. 4, §1, eff. June 20, 1953, 67 Stat. 636. |
The last sentence of R.S. §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 PROVISIONSA prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, §2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87–793, §1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88–426, title III, §306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88–631, §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, §8(a), and reenactment in section 548 of this title by section 4(c) of Pub. L. 89–554.
AMENDMENTS1977—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".
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