2016 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - Department of Justice
Chapter 31 - The Attorney General
Sec. 508 - Vacancies

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Citation 28 U.S.C. § 508 (2016)
Section Name §508. Vacancies
Section Text

(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.

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.)

Editorial Notes
Historical and Revision Notes
DerivationU.S. CodeRevised 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 PROVISIONS

A 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.

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".

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
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 Law References Public Law 87-793, Public Law 88-426, Public Law 88-631, Public Law 89-554, Public Law 95-139
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