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28 U.S.C. § 508 — Vacancies

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 508 — Vacancies

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3345&num=0&edition=prelim) 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.

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Source location: Title 28, Chapter 31, § 508; chapter-031-the-attorney-general.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3345 — Acting officer

**(a)** If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office— (1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; (2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or (3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if— (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule. **(b)** (1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if— (A) during the 365-day period preceding the date of the

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 548 — Salaries

Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section543&num=0&edition=prelim) at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in [section 5315 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim), United States Code.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 508 — Vacancies

Page 172 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 507A Editorial Notes PRIOR PROVISIONS A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100, related to du- ties of United States attorneys, and to supervision by the Attorney General, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in sections 509 and 547 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–113 added subsec. (c). § 507A. Assistant Attorney General for National Security (a) Of the Assistant Attorneys General ap- pointed under section 506, one shall serve, upon the designation of the President, as the Assist- ant Attorney General for National Security. (b) The Assistant Attorney General for Na- tional Security shall— (1) serve as the head of the National Secu- rity Division of the Department of Justice under section 509A of this title; (2) serve as primary liaison to the Director of National Intelligence for the Department of Justice; and (3) perform such other duties as the Attor- ney General may prescribe. (Added Pub. L. 109–177, title V, § 506(a)(1), Mar. 9, 2006, 120 Stat. 247.) § 508. Vacancies (a) In case of a vacancy in the office of Attor- ney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of sec- tion 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 Gen- eral, the Associate Attorney General shall act as Attorney General. The Attorney General may design

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