[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 214 Enrolled Bill (ENR)]
S.214
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To amend chapter 35 of title 28, United States Code, to preserve the
independence of United States attorneys.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving United States Attorney
Independence Act of 2007''.
SEC. 2. VACANCIES.
Section 546 of title 28, United States Code, is amended by
striking subsection (c) and inserting the following:
``(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.''.
SEC. 3. APPLICABILITY.
(a) In General.--The amendments made by this Act shall take effect
on the date of enactment of this Act.
(b) Application.--
(1) In general.--Any person serving as a United States attorney
on the day before the date of enactment of this Act who was
appointed under section 546 of title 28, United States Code, may
serve until the earlier of--
(A) the qualification of a United States attorney for such
district appointed by the President under section 541 of that
title; or
(B) 120 days after the date of enactment of this Act.
(2) Expired appointments.--If an appointment expires under
paragraph (1), the district court for that district may appoint a
United States attorney for that district under section 546(d) of
title 28, United States Code, as added by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.