28 USC § 508 - Vacancies

---
identifier: "/us/usc/t28/s508"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 508 - Vacancies"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "508"
section_name: "Vacancies"
chapter_number: 31
chapter_name: "THE ATTORNEY GENERAL"
part_number: "II"
part_name: "DEPARTMENT OF JUSTICE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–139, § 2, Oct. 19, 1977, 91 Stat. 1171.)"
---


# § 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 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.

---

**Source Credit**: (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–139, § 2, Oct. 19, 1977, 91 Stat. 1171.)

| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
|  | [Uncodified]. | R.S. § 347 (last sentence). |
|  |  | 1953 Reorg. Plan No. 4, § 1, eff. June 20, 1953, 67 Stat. 636. |

The last sentence of R.S. § 347 is cited as authority inasmuch as the function contained therein was the function transferred to the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word “may” is substituted for “have the power”. The words “During any period of time” are omitted as unnecessary.

## Editorial Notes

### Prior Provisions

A prior section 508, acts , ; , ; , , ; , , ; , , , related to salaries of United States attorneys, assistant United States attorneys, and special attorneys, prior to repeal by , and reenactment in  by .

### Amendments

1977—Subsec. (b).  substituted “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” for “the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General”.