[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 327 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
S. RES. 327

   Providing for a protocol for nonpartisan confirmation of judicial 
                               nominees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2004

 Mr. Specter submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
   Providing for a protocol for nonpartisan confirmation of judicial 
                               nominees.

Whereas judicial nominations have long been the subject of controversy and delay 
        in the United States Senate;
Whereas, in the past, the controversy over judicial nominees has occurred when 
        different political parties control the White House and the Senate;
Whereas, in the current Congress, even though the White House and the Senate are 
        controlled by the same party, the controversy over judicial nominees 
        continues and has reached a crisis point;
Whereas, during the current Administration, there have for the first time been 
        Senate filibusters of nominees to the U.S. Circuit Courts of Appeal;
Whereas the White House has made recess appointments of two of these 
        filibustered nominees; and
Whereas the minority party has taken the position that further Senate 
        confirmations of the President's judicial nominees would be blocked 
        unless the White House gives assurances that it will no longer make such 
        recess appointments: Now, therefore, be it
    Resolved,

SECTION 1. PROTOCOL FOR NONPARTISAN CONFIRMATION OF JUDICIAL NOMINEES.

    (a) Timetables.--
            (1) Committee timetables.--The Chairman of the Committee on 
        the Judiciary, in collaboration with the Ranking Member, 
        shall--
                    (A) establish a timetable for hearings for nominees 
                to the United States district courts, courts of appeal, 
                and Supreme Court, to occur within 30 days after the 
                names of such nominees have been submitted to the 
                Senate by the President; and
                    (B) establish a timetable for action by the full 
                Committee to occur within 30 days after the hearings, 
                and for reporting out nominees to the full Senate.
            (2) Senate timetables.--The majority leader shall establish 
        a timetable for action by the full Senate to occur within 30 
        days after the Committee on the Judiciary has reported out the 
        nominations.
    (b) Extension of Timetables.--
            (1) Committee extensions.--The Chairman of the Committee on 
        the Judiciary, with notice to the Ranking Member, may extend by 
        a period not to exceed 30 days, the time for action by the 
        Committee for cause, such as the need for more investigation or 
        additional hearings.
            (2) Senate extensions.--
                    (A) In general.--The majority leader, with notice 
                to the minority leader, may extend by a period not to 
                exceed 30 days, the time for floor action for cause, 
                such as the need for more investigation or additional 
                hearings.
                    (B) Recess period.--Any day of a recess period of 
                the Senate shall not be included in the extension 
                period described under subparagraph (A).
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