Tuesday, March 20, 2007: Senate Votes 94-2 To Fix PATRIOT ACT Provision On Interim U.S. Attorneys

The two senators who voted against the patch-up were Kit Bond (MO) and Chuck Hagel (NE).  Under the PATRIOT Act, as reauthorized in 2006, the Executive (i.e. the President/Attorney General) could appoint interim U.S. attorneys without having to submit those attorneys to the Senate for confirmation.  The bill the Senate passed yesterday switches up the interim appointment power, to wit:

(1) If the President appoints an interim U.S. attorney, that attorney must pass Senate confirmation within 120 days of the appointment.

(2) If after 120 days that appointee has not been confirmed by the Senate, the appointment expires, and the U.S. District Judge for the district housing the vacancy must appoint a replacement.

S. 214, amending Chapter 35 of Title 28, U.S. Code

The legislation still must pass the House and be submitted to the President before it becomes law.