[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 214 Reported in Senate (RS)]






                                                        Calendar No. 24
110th CONGRESS
  1st Session
                                 S. 214

 To amend chapter 35 of title 28, United States Code, to preserve the 
                independence of United States attorneys.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2007

 Mrs. Feinstein (for herself, Mr. Leahy, Mr. Pryor, Mrs. Lincoln, Mr. 
Schumer, Ms. Klobuchar, Mrs. Murray, Mr. Feingold, Mr. Specter, and Ms. 
   Cantwell) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                           February 12, 2007

                Reported by Mr. Leahy, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 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.

    <DELETED>Section 546 of title 28, United States Code, is amended to 
read as follows:
<DELETED>``Sec. 546. Vacancies</DELETED>
<DELETED>    ``The United States district court for a district in which 
the office of the United States attorney is vacant may appoint a United 
States attorney to serve until that vacancy is filled. The order of 
appointment by the court shall be filed with the clerk of the 
court.''.</DELETED>
     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.
                                                        Calendar No. 24

110th CONGRESS

  1st Session

                                 S. 214

_______________________________________________________________________

                                 A BILL

 To amend chapter 35 of title 28, United States Code, to preserve the 
                independence of United States attorneys.

_______________________________________________________________________

                           February 12, 2007

                       Reported with an amendment