Text: S.214 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-34 (06/14/2007)

 
[110th Congress Public Law 34]
[From the U.S. Government Printing Office]


[DOCID: f:publ034.110]

[[Page 121 STAT. 224]]

Public Law 110-34
110th Congress

                                 An Act


 
  To amend chapter 35 of title 28, United States Code, to preserve the 
 independence of United States attorneys. <<NOTE: June 14, 2007 -  [S. 
                                 214]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Preserving United States 
Attorney Independence Act of 2007. 28 USC 1 note.>> assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. VACANCIES.

     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. <<NOTE: 28 USC 546 note.>> 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.

    Approved June 14, 2007.

LEGISLATIVE HISTORY--S. 214 (H.R. 580):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-58 accompanying H.R. 580 (Comm. on the 
Judiciary).
CONGRESSIONAL RECORD, Vol. 153 (2007):
            Mar. 19, 20, considered and passed Senate.
            May 22, considered and passed House.

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