(Added Pub. L. 89–554, § 4(c),Sept. 6, 1966, 80 Stat. 618; amended Pub. L. 99–646, § 69,Nov. 10, 1986, 100 Stat. 3616; Pub. L. 109–177, title V, § 502,Mar. 9, 2006, 120 Stat. 246; Pub. L. 110–34, § 2,June 14, 2007, 121 Stat. 224.)
Historical and Revision Notes
|| U.S. Code
|| Revised Statutes and Statutes at Large
||28 U.S.C. 506.
.—Based on title 28, U.S.C., 1940 ed., § 511 (R.S. § 793; June 24, 1898, ch. 495, § 2,30 Stat. 487
; Mar. 3, 1911, ch. 231, § 291,36 Stat. 1167
Words “United States attorney” were substituted for “district attorney.” (See Reviser’s Note under section
[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
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.
Words “and a copy shall be entered on the journal of the court” after “filed in the clerk’s office of said court”, in section
, U.S.C., 1940 ed., were omitted as unnecessary.
The provisions of section
, U.S.C., 1940 ed., relating to marshals, are incorporated in sections
[see Prior Provisions notes under those sections] of this title.
Changes were made in phraseology.
A prior section
, act June 25, 1948, ch. 646, 62 Stat. 911
, related to death of a marshal, prior to repeal by Pub. L. 89–554
, § 8(a), and reenactment in section
of this title by section 4(c) ofPub. L. 89–554
2007—Subsecs. (c), (d). Pub. L. 110–34
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 section
of this title.”
2006—Subsecs. (c), (d). Pub. L. 109–177
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.
1986—Pub. L. 99–646
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.”
Effective Date of 2007 Amendment
Pub. L. 110–34
, § 3,June 14, 2007, 121 Stat. 224
, provided that:
“(a) In General.—The amendments made by this Act [amending this section] shall take effect on the date of enactment of this Act [June 14, 2007].
“(1) In general.—Any person serving as a United States attorney on the day before the date of enactment of this Act [June 14, 2007] who was appointed under section
, 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.—If an appointment expires under paragraph (1), the district court for that district may appoint a United States attorney for that district under section
, United States Code, as added by this Act.”