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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§562 Vacancies

Title 28 › Part II— DEPARTMENT OF JUSTICE › Chapter 37— UNITED STATES MARSHALS SERVICE › § 562

Last updated Apr 5, 2026|Official source

Summary

The Attorney General can name someone to act as a United States marshal when the job is empty. The Attorney General must not pick a person the President already appointed to be marshal if the Senate refused to approve that appointment. The person the Attorney General names can serve only until the first of these happens: a new marshal appointed by the President under section 561(c) takes office; 30 days after the next session of the Senate ends; or, if that person was later nominated for the job but the Senate rejected the nomination, 30 days after that rejection.

Full Legal Text

Title 28, §562

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 562, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to appointment of deputy marshals and clerical assistants, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(f) of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 562

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60