[Congressional Record (Bound Edition), Volume 153 (2007), Part 5]
[Senate]
[Page 6499]
[From the U.S. 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 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.

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