[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Senate]
[Pages S3161-S3162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  UNANIMOUS-CONSENT AGREEMENT--S. 214

  Mr. REID. Mr. President, I ask unanimous consent that on Monday, 
March 19, at 2 p.m., the Senate proceed to the consideration of 
Calendar No. 24, S. 214, a bill to preserve the independence of U.S. 
attorneys; that when the Senate considers the bill, it be considered 
under the following limitations: that there be 6 hours of general 
debate on the bill, with the time equally divided and controlled 
between Senators Leahy and Specter or their designees; that once the 
bill is reported, the Committee-reported amendment be agreed

[[Page S3162]]

to and the motion to reconsider be laid upon the table; that the only 
other amendments in order be the following: the Kyl amendment regarding 
the nomination and confirmation of U.S. attorneys; the Sessions 
amendment regarding appropriate qualifications for interim U.S. 
attorneys; that debate on each amendment be limited to 3 hours equally 
divided and controlled in the usual form; that the amendments have to 
be offered and debated during Monday's session, except as noted below; 
that on Tuesday, the Senate resume consideration of the bill 
immediately after the opening proceedings and there be 90 minutes of 
additional debate time on the bill and the amendments are to run 
concurrently with the time equally divided and controlled between the 
two leaders or their designees; that upon the use or yielding back of 
time, but not later than 11:30 a.m., without further intervening action 
or debate, the Senate proceed to vote in relation to the Kyl amendment, 
to be followed by a vote in relation to the Sessions amendment; that 
upon disposition of the amendments, the bill be read a third time, and 
the Senate proceed to vote on passage of the bill, as amended; that the 
text of these amendments be printed in the Record once this consent is 
granted.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The amendments (Nos. 459 and 460) are as follows:


                           amendment no. 459

(Purpose: To ensure that United States attorneys are promptly nominated 
by the President, and are appointed by and with the advice and consent 
                             of the Senate)

       On page 2, strike line 1 and all that follows and insert 
     the following:

     SEC. 2. PROMPT NOMINATION AND CONFIRMATION OF UNITED STATES 
                   ATTORNEYS.

       Section 541 of title 28, United States Code is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) Not later than 120 days after the date on which a 
     vacancy occurs in the office of United States attorney for a 
     judicial district, the President shall submit an appointment 
     for that office to the Senate.
       ``(2) Except as provided in paragraph (3), not later than 
     120 days after the date of the submission of an appointment 
     under paragraph (1), the Senate shall vote on that 
     appointment.
       ``(3) If the President fails to comply with paragraph (1) 
     with regard to the submission of any appointment for the 
     office of United States attorney, paragraph (2) of this 
     subsection shall have no force or effect with regard to any 
     appointment to the office of United States attorney during 
     the remainder of the term of office of that President.''.

     SEC. 3. REPEAL OF INTERIM APPOINTMENT AUTHORITY.

       Section 546 of title 28, United States Code, is repealed.


                           amendment no. 460

  (Purpose: To require appropriate qualifications for interim United 
                           States attorneys)

       On page 2, line 23, strike the quotation marks and the 
     second period and insert the following:
       ``(e)(1) A district court appointing a United States 
     attorney under subsection (d) shall not appoint a candidate--
       ``(A) unless that candidate is an employee of the 
     Department of Justice or is a Federal law enforcement officer 
     (as that term is defined in section 115 of title 18); or
       ``(B) if the court learns that candidate is under 
     investigation or has been sanctioned by the Department of 
     Justice or another Federal agency.
       ``(2) Not less than 7 days before making an appointment 
     under subsection (d), a district court shall confidentially 
     inform the Attorney General of identity of the candidate for 
     that appointment.''.

  Mr. REID. Mr. President, in view of the agreement just entered, I now 
ask unanimous consent that the cloture motion be withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________