28 U.S.C. § 546
|HISTORICAL AND REVISION NOTES 1966 ACT|
|Derivation||U.S. Code||Revised Statutes and |
Statutes at Large
1948 ACTPrior section 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 501 [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 5 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 sectionof title 28, U.S.C., 1940 ed., were omitted as unnecessary. The provisions of section of title 28, U.S.C., 1940 ed., relating to marshals, are incorporated in sections 544 and 545 [see Prior Provisions notes under those sections] of this title. Changes were made in phraseology.
PRIOR PROVISIONS A prior section 546, 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 sectionof this title by section 4(c) of Pub. L. 89-554.
AMENDMENTS2007-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 sectionof 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]. "(b) APPLICATION.-"(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 546 of title 28, 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 sectionof title 28, United States Code, as added by this Act."