1. What does the Patriot Act actually say?
2 What does the Senate amendment actually say?
A lot of paraphrasing, and interpretation, but if the Patriot Act only states that the President has the power to appoint US Attorneys when the Senate is not in session, then it's only stating what the Constitution itself already says, and there is nothing that Congress can do to repeal it.
Let me clarify.
The President can dismiss any attorney he chooses. They were political appointees in the 1890s, when Grover Cleveland fired an attorney, and still are now.
Previous to 2006, any new attorney must be confirmed by the Senate. These attorneys are appointed for 4 year terms, which coincide with Presidential terms. Typically, a new President appoints a new batch of attorneys when he comes into office, as the old batch expires.
Clinton did that. Bush I and II did it. Reagan did it.
After the 4 year term ends (for example, in Jan. 1993, Bush I's attorneys would be nearing the end of their 4 years), attorneys stay in their position until their successor is named and confirmed. It took Clinton a bit of time to fill all 90+ vacancies, so a few of Bush I's appointments were "held over"
This was similar to cabinet appointments: They can be fired at will, but need Senate confirmation to be hired.
The President, or AG, could also make a "recess appointment" for attorneys, which bypassed the Senate. These appointments used to last 120 days.
The Patriot Act changed this, so a "recess appointment" lasted indefinitely, effectively removed the Senate confirmation process. That part of the law was writted by Senator Specter, but he claims he doesn't know how it got there. Most of the Democrats apparently didn't read the law they passed.
Now they are complaining about Al Gonzalez doing what they passed as legal barely a year ago.
The new Senate amendment reverts "recess appointments" back to their 120 day status.