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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 580 Reported in House (RH)]

                                                  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.

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

SECTION 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.<DELETED>''.
</DELETED>    ``(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.''.

SEC. 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.
                                                  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 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.

_______________________________________________________________________

                             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
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