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

1.

Short title

This Act may be cited as the Preserving United States Attorney Independence Act of 2007.

2.

Vacancies

Section 546 of title 28, United States Code, is amended to read as follows:

546.

Vacancies

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.

. 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. .

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.

February 12, 2007 Reported with an amendment