H.R. 580 (110th): To amend chapter 35 of title 28, United States Code, to provide for a 120-day limit to ...

...the term of a United States attorney appointed on an interim basis by the Attorney General, and for other purposes.

110th Congress, 2007–2009. Text as of Mar 27, 2007 (Placed on Calendar in the Senate).

Status & Summary | PDF | Source: GPO

II

Calendar No. 92

110th CONGRESS

1st Session

H. R. 580

IN THE SENATE OF THE UNITED STATES

March 27, 2007

Received; read twice and placed on the calendar

AN ACT

To amend chapter 35 of title 28, United States Code, to provide for a 120-day limit to the term of a United States attorney appointed on an interim basis by the Attorney General, and for other purposes.

1.

Interim appointment of United States Attorneys

Section 546 of title 28, United States Code, is amended by striking subsection (c) and inserting the following new subsections:

(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.

(e)

This section is the exclusive means for appointing a person to temporarily perform the functions of a United States attorney for a district in which the office of United States attorney is vacant.

.

2.

Applicability

(a)

In general

The amendments made by this Act shall take effect on the date of the enactment of this Act.

(b)

Application

(1)

In general

Any person serving as a United States attorney on the day before the date of the enactment of this Act who was appointed under section 546 of title 28, United States Code, for a district may serve until the earlier of—

(A)

the qualification of a United States attorney for that district appointed by the President under section 541 of that title; or

(B)

120 days after the date of the enactment of this Act.

(2)

Expired appointments

If an appointment expires under paragraph (1)(B), the district court for the district concerned may appoint a United States attorney for that district under section 546(d) of title 28, United States Code, as added by this Act.

Passed the House of Representatives March 26, 2007.

Lorraine C. Miller,

Clerk.

March 27, 2007

Received; read twice and placed on the calendar