United States Code Service
TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE (§§ 1 — 5001)
Part II. Department of Justice (Chs. 31 — 40A)
CHAPTER 35. United States Attorneys (§§ 541 — 556)
§ 546. Vacancies
(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.
(c) A person appointed as United States attorney under this section may serve until the earlier of—
(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title [28 USCS § 541]; or
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district 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.