28 U.S.C. § 546 : US Code - Section 546: Vacancies

Search 28 U.S.C. § 546 : US Code - Section 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; 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.