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28 U.S.C. § 562 — Vacancies
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_222528ee5b346d3de0c47cc7
Source file: Laws/federal/codes/united-states-code/title-28/section-562-vacancies--3f482edbd0.md
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Source location: Title 28, Chapter 37, § 562; chapter-037-united-states-marshals-service.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 27, acts May 7, 1894, ch. 72, § 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner [now magistrate judges]. See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure.
Section 28, act May 7, 1894, ch. 72, § 6, 28 Stat. 75, related to deputy marshals. See [section 562 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section562&num=0&edition=prelim).
Section 29, acts May 7, 1894, ch. 72, § 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, § 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners [now magistrate judges], marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.
**(b)** Each assistant United States attorney is subject to removal by the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guards and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals.
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Federal law — U.S. Code and appendices · legal_authorities
Page 237
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 562
Editorial Notes
AMENDMENTS
1988—Pub. L. 100–690, title VII, § 7608(a)(3), Nov. 18,
1988, 102 Stat. 4514, substituted in chapter heading
‘‘Marshals Service’’ for ‘‘Marshals’’ and amended chap-
ter analysis generally, substituting items 561 to 569 for
former items 561 to 576.
1984—Pub. L. 98–473, title II, § 1211(c), Oct. 12, 1984, 98
Stat. 2163, added item 576.
1982—Pub. L. 97–258, § 2(g)(3)(A), Sept. 13, 1982, 96 Stat.
1060, added item 572a.
1972—Pub. L. 92–310, title II, § 206(a)(2), June 6, 1972, 86
Stat. 203, struck out item 564 ‘‘Bond’’.
1966—Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619,
added chapter 37 and items 561 to 575.
§ 561. United States Marshals Service
(a) There is hereby established a United States
Marshals Service as a bureau within the Depart-
ment of Justice under the authority and direc-
tion of the Attorney General. There shall be at
the head of the United States Marshals Service
(hereafter in this chapter referred to as the
‘‘Service’’) a Director who shall be appointed by
the President, by and with the advice and con-
sent of the Senate.
(b) The Director of the United States Marshals
Service (hereafter in this chapter referred to as
the ‘‘Director’’) shall, in addition to the powers
and duties set forth in this chapter, exercise
such other functions as may be delegated by the
Attorney General.
(c) The President shall appoint, by and with
the advice and consent of the Senate, a United
States marshal for each judicial district of the
United States and for the Superior Court of the
District of Columbia, except that any marshal
appointed for the Northern Mariana Islands may
at the same time serve as marshal in another ju-
dicial district. Each United State
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