28 U.S.C. § 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 must 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 must be filed with the clerk of the court.