IB 

Union Calendar No. 29 

110TH CONGRESS 

1ST SESSION H. R. 580 

[Report No. 110–58] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2007 

Mr. BERMAN (for himself, Mr. CONYERS, and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Committee on the Judiciary 

MARCH 20, 2007 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[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 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 580 RH

1 SECTION 1. INTERIM APPOINTMENT OF UNITED STATES 

2 ATTORNEYS. 

3 Section 546 of title 28, United States Code, is 

4 amended by striking subsection (c) and inserting the fol5 lowing new subsections: 

6 ‘‘(c) A person appointed as United States attorney 

7 under this section may serve until the earlier of— 

8 ‘‘(1) the qualification of a United States attor9 ney for such district appointed by the President 

10 under section 541 of this title; or 

11 ‘‘(2) the expiration of 120 days after appoint12 ment by the Attorney General under this section. 

13 ‘‘(d) If an appointment expires under subsection 

14 (c)(2), the district court for such district may appoint a 

15 United States attorney to serve until the vacancy is filled. 

16 The order of appointment by the court shall be filed with 

17 the clerk of the court.’’. 

18 ‘‘(e) This section is the exclusive means for appointing 

19 a person to temporarily perform the functions of a United 

20 States attorney for a district in which the office of United 

21 States attorney is vacant.’’. 

22 SEC. 2. APPLICABILITY. 

23 (a) IN GENERAL.—The amendments made by this Act 

24 shall take effect on the date of the enactment of this Act. 

25 (b) APPLICATION.— 


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•HR 580 RH

1 (1) IN GENERAL.—Any person serving as a 

2 United States attorney on the day before the date of 

3 the enactment of this Act who was appointed under 

4 section 546 of title 28, United States Code, for a dis5 trict may serve until the earlier of— 

6 (A) the qualification of a United States at7 torney for that district appointed by the Presi8 dent under section 541 of that title; or 

9 (B) 120 days after the date of the enactment 

10 of this Act. 

11 (2) EXPIRED APPOINTMENTS.—If an appoint12 ment expires under paragraph (1)(B), the district 

13 court for the district concerned may appoint a United 

14 States attorney for that district under section 546(d) 

15 of title 28, United States Code, as added by this Act. 


hmoore on PROD1PC68 with HMBILLS
Union Calendar No. 29 

110TH CONGRESS 

1ST SESSION H. R. 580 

[Report No. 110

–58] 

A BILL 

To amend chapter 35 of title 28, United States 

other purposes. terim basis by the Attorney General, and for of a United States attorney appointed on an inCode, to provide for a 120-day limit to the term 

MARCH 20, 2007 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Aug 31 2005 03:43 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\H580.RH H580

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