[Senate Report 109-369]
[From the U.S. Government Publishing Office]



109th Congress 
 2d Session                      SENATE                          Report
                                                                109-369
_______________________________________________________________________


  

 
                           Activities Report
                                 of the
                       COMMITTEE ON THE JUDICIARY

                          UNITED STATES SENATE

                               2005-2006




               December 22, 2006.--Ordered to be printed

    Filed, under authority of the order of the Senate of December 9 
                   (legislative day December 8), 2006


                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                 ARLEN SPECTER, Pennsylvania, Chairman
ORRIN G. HATCH, Utah                 PATRICK J. LEAHY, Vermont
CHARLES E. GRASSLEY, Iowa            EDWARD M. KENNEDY, Massachusetts
JON KYL, Arizona                     JOSEPH R. BIDEN, Jr., Delaware
MIKE DeWINE, Ohio                    HERBERT KOHL, Wisconsin
JEFF SESSIONS, Alabama               DIANNE FEINSTEIN, California
LINDSEY GRAHAM, South Carolina       RUSSELL D. FEINGOLD, Wisconsin
JOHN CORNYN, Texas                   CHARLES E. SCHUMER, New York
SAM BROWNBACK, Kansas                RICHARD J. DURBIN, Illinois
TOM COBURN, Oklahoma
           Michael O'Neill, Chief Counsel and Staff Director
      Bruce A. Cohen, Democratic Chief Counsel and Staff Director


                            C O N T E N T S

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                                                                   Page
INTRODUCTION.....................................................
  I. MAJOR BILLS AND HEARINGS.........................................5
          A. CIVIL LAW ISSUES....................................     5
          B. CRIMINAL LAW ISSUES.................................    20
          C. IMMIGRATION LAW.....................................    30
          D. CONSTITUTIONAL LAW..................................    37
          E. ANTI-TERRORISM MEASURES.............................    46
          F. COURTS & THE JUDICIARY..............................    52
 II. OVERSIGHT MATTERS...............................................58
III. NOMINATIONS.....................................................69
          A. NOTABLE JUDICIAL NOMINATIONS........................    69
              1. UNITED STATES SUPREME COURT.....................    69
              2. UNITED STATES COURTS OF APPEALS.................    73
              3. DISTRICT COURTS.................................    93
              4. OTHER COURTS....................................    94
          B. NOTABLE EXECUTIVE NOMINATIONS.......................    94
 IV. APPENDICES REGARDING NOMINATIONS...............................108
          A. MEMORANDUM OF UNDERSTANDING ON JUDICIAL 
              NOMINATIONS--GANG OF FOURTEEN AGREEMENT............   108
          B. LETTER: CHAIRMAN SPECTER TO AMERICAN BAR ASSOCIATION 
              (MICHAEL S. GRECO AND STEPHEN L. TOBER); JUNE 22, 
              2006...............................................   109
          C. LETTER: STEPHEN L. TOBER TO CHAIRMAN SPECTER; JUNE 
              30, 2006...........................................   110
          D. LETTER: CHAIRMAN SPECTER TO AMERICAN BAR ASSOCIATION 
              (MICHAEL S. GRECO AND STEPHEN L. TOBER); AUGUST 7, 
              2006...............................................   111
          E. LETTER: THEODORE B. OLSON (ON BEHALF OF ABA) TO 
              CHAIRMAN SPECTER; SEPTEMBER 14, 2006...............   114
  V. SUMMARY MATERIALS REGARDING NOMINATIONS........................117
          A. ARTICLE III JUDGES CONFIRMED........................   117
          B. NOMINATIONS HEARINGS BY DATE........................   118
          C. DAYS ON THE SENATE FLOOR............................   119
          D. HISTORICAL VACANCY RATES 1977-PRESENT...............   120
          E. HISTORICAL VACANCY RATES BY CONGRESS................   121
          F. DISPOSITION OF ARTICLE III JUDGES...................   123
          G. RELEVANT DATES FOR 109TH CONGRESS NOMINEES..........   125
 VI. SUMMARY MATERIALS REGARDING COMMITTEE ACTIVITIES...............136
          A. STATISTICAL OVERVIEW................................   136
          B. HEARINGS OF THE 109TH CONGRESS......................   136
          C. EXECUTIVE BUSINESS MEETINGS WITH AGENDAS............   140
          D. BILLS, NOMINATIONS, AND MATTERS REPORTED............   171
          E. SUCCESSFUL LEGISLATION..............................   174
          F. PUBLICATIONS........................................   181
VII. COMMITTEE STRUCTURE AND PROCEDURE..............................186
          A. FULL COMMITTEE MEMBERSHIP...........................   186
          B. SUBCOMMITTEE MEMBERSHIP.............................   186
          C. JURISDICTION OF THE COMMITTEE.......................   187
          D. RULES OF THE COMMITTEE..............................   194

                              INTRODUCTION

    Staff of the Senate Committee on the Judiciary under the 
direction of Chairman Arlen Specter prepared the following 
report detailing the Committee's activities during the 109th 
Congress. One of the Senate's original standing committees, the 
Committee on the Judiciary was first authorized on December 10, 
1816. The Committee enjoys one of the broadest jurisdictions in 
the Senate, ranging from constitutional law and criminal 
justice issues to antitrust and intellectual property concerns. 
The Committee actively pursued hearings and legislative 
initiatives in a broad variety of areas, achieving notable 
successes in the enactment of bankruptcy and class action 
reform and in re-authorizing the Department of Justice's many 
important programs. The Committee also fulfilled its obligation 
in reporting numerous Article III judges and executive branch 
officials to the Senate floor. Of particular significance, the 
Committee held hearings for, and favorably reported out, John 
G. Roberts to be Chief Justice of the United States and Samuel 
A. Alito to be an Associate Justice of the United States.

                      I. MAJOR BILLS AND HEARINGS

A. CIVIL LAW ISSUES


       s. 852, fairness in asbestos injury resolution act of 2005


    Asbestos reform legislation played a prominent role on the 
Judiciary Committee's agenda during the 109th Congress. The 
Committee confronted enormous challenges in seeking to 
resolving one of the nation's worst litigation crises.
    Tens of thousands of Americans have developed debilitating 
or deadly asbestos-related diseases, and more will become ill 
in the coming years. The existing tort system has been unable 
to resolve claims adequately and efficiently, or ensure that 
current and future victims of asbestos are fairly compensated 
for their injuries. The sheer number of claims has clogged both 
state and federal courts. Contingency fees have significantly 
reduced the real value of payments to victims. Claims by 
unimpaired individuals have delayed payments and reduced the 
amount available for the truly sick. Asbestos claims have 
driven many defendants into bankruptcy, leaving some victims 
without payments altogether and other victims diverted to 
bankruptcy trusts that offer miniscule payments. Furthermore, 
these corporate bankruptcies endanger the jobs and pensions of 
many American workers.
    Indeed, the Supreme Court has implored Congress to address 
the asbestos litigation crisis, noting on more than one 
occasion that the current flawed system ``defies customary 
judicial administration.'' Ortiz v. Fibreboard Corp., 527 U.S. 
815 (1999). The Court has suggested that ``a nationwide 
administrative claims processing regime would provide the most 
secure, fair, and efficient means of compensating victims of 
asbestos exposure.'' Amchem Products Inc. v. George Windsor, 
521 U.S. 591 (1997).
    The 108th Congress sought to address asbestos reform with 
S. 1125, a bill introduced by Senator Hatch and favorably 
reported from the Committee. Although that bill was never 
considered by the full Senate, it served as the starting point 
for negotiations initiated by Chairman Specter in the 109th 
Congress and led by the late Honorable Edward R. Becker, Senior 
Judge and Former Chief Judge of the United States Court of 
Appeals for the Third Circuit. Judge Becker hosted 47 meetings 
with asbestos defendants, insurers, labor unions, victims' 
groups, the trial bar and other interested parties. Many 
important compromises were reached during these negotiations, 
which secured support from a broad spectrum of stakeholders, 
including such labor groups as the International Union of Heat 
and Frost Insulators and Asbestos Workers and the United Auto 
Workers, which previously opposed asbestos reform.
    The Becker negotiations resulted in several proposed 
changes to S. 1125 as reported in the 108th Congress. These 
included modifications strengthening the medical criteria to be 
applied to persons with lung cancer and a history of smoking, 
increasing scheduled payments to claimants with malignant 
diseases, and eliminating insurers' rights of subrogation with 
respect to fund payments. These changes ensured that 
compensation would go to those truly injured by asbestos 
exposure--not to the unimpaired--while at the same time 
maximizing compensation for victims.
    Early in the 109th Congress, as a product of these 
negotiations, Chairman Specter and Ranking Member Leahy 
introduced comprehensive legislation to resolve the asbestos 
litigation crisis. S. 852, the ``Fairness in Asbestos Injury 
Resolution Act'' (``FAIR''), was cosponsored by Committee 
Members Senators DeWine, Feinstein, Grassley and Graham. The 
legislation was designed to unclog the courts and simplify 
recovery for victims by establishing a privately funded, ``no-
fault'' compensatory trust fund. Under the FAIR Act, businesses 
with asbestos liability would be required to make contributions 
to the fund, but would spread those contributions out over the 
life of the fund, preventing further bankruptcies and thereby 
protecting jobs and worker pensions. The fund, in turn, would 
provide victims with greater certainty by offering fixed awards 
and ensuring compensation to individuals, including veterans, 
who are currently unable to pursue their claims in the tort 
system.
    The Committee held hearings contemporaneous to the Becker-
mediated stakeholder sessions, taking testimony from 28 
witnesses over three days. At the conclusion of these hearings, 
the Committee considered the legislation over the course of six 
executive business meetings. During consideration of the bill, 
Committee Members circulated over 160 amendments.
    The Committee considered 89 of these amendments, ultimately 
approving 75. For example, the Committee adopted a proposal by 
Senator Feinstein to revise the procedure for the fund's start-
up, a new mechanism for sunsetting the fund drafted by Senators 
Feinstein and Kyl, provisions proposed by Senator Coburn to 
strengthen medical scrutiny for claims brought by smokers, a 
requirement for a study on the effectiveness of CT scans 
advocated by Senators Coburn and Kohl, and additional 
protections for small businesses championed by Senators 
Brownback and Cornyn. The Committee also adopted, by voice 
vote, an amendment introduced by Senator Durbin that 
accelerated payments to the families of deceased victims and an 
expedited judicial review provision advanced by Senator 
Feinstein.
    The Committee rejected 14 amendments, including some that 
would have expanded narrow exceptions in the bill. For example, 
the FAIR Act exempted the residents of Libby, Montana--home to 
a mine contaminated with asbestos and the site of a massive EPA 
cleanup effort--from the exposure requirements contained in the 
bill. The Committee voted down amendments offered by Senators 
Kennedy and Graham that would have extended this exemption to 
communities where no evidence of widespread contamination 
exists. Accepting these amendments would have lost the support 
of key Senators and would have jeopardized the health of the 
national trust by opening the door to claims from individuals 
whose illnesses are not asbestos-related.
    The Committee favorably reported S. 852, as amended, on 
June 16, 2005. The Majority Leader subsequently moved to 
proceed to consideration of the legislation. Cloture on the 
motion to proceed was successfully invoked by a vote of 98 to 
1. At the same time, the Senate voted to table a complete 
substitute offered by Senator Cornyn by a vote of 70 to 27. The 
Cornyn substitute would have tightened the medical criteria 
used by courts when deciding asbestos cases rather than 
providing a comprehensive trust fund.
    Despite the invocation of cloture, Senator John Ensign 
raised a budget point of order against the FAIR Act, pursuant 
to Section 407(b) of the previous year's budget resolution. 
Under the resolution, the Senate may not consider legislation 
that would increase long term spending by more than $5 billion 
during any ten-year period. Sixty votes are required to waive 
this restriction. Proponents of the FAIR Act argued that the 
budget point of order should not apply because the fund's 
operations would be capitalized solely by private 
contributions. They observed the Congressional Budget Office 
had concluded that ``the government's general funds would not 
be used to pay asbestos claims'' and that the FAIR Act would be 
``deficit-neutral over the life of the fund.'' \1\ These 
proponents fell short by one vote: the Senate voted 59 to 40 to 
waive the budget point of order.
---------------------------------------------------------------------------
    \1\ Congressional Budget Office letter to Senator Judd Gregg, 
February 14, 2006.
---------------------------------------------------------------------------
    Consistent with Senate procedure, S. 852 was recommitted to 
the Committee. After this action, Chairman Specter met with 
other Senators to discuss their concerns with asbestos 
litigation reform legislation. On May 26, 2006 the Chairman and 
Ranking Member introduced the Fairness in Asbestos Injury 
Resolution Act of 2006, a further refinement of the FAIR Act of 
2005.
    The legislation incorporated several amendments filed 
during the floor debate of S. 852, including an alternative 
allocation system for small and medium-sized businesses 
proposed by Senator Kyl and filing procedures for individuals 
exposed to asbestos as the result of a natural disaster 
authored by Senator Mary Landrieu. In addition, the legislation 
contained protections for defendant companies with large 
insurance reserves, which may otherwise have been forced to pay 
more to the national trust than they would in the tort system.
    Pursuant to the provisions of rule XIV, S. 3274 was placed 
directly on the Senate Legislative Calendar. The Committee held 
a hearing on the legislation on June 7, 2006, taking the 
testimony of eight witnesses representing the business 
community, labor organizations, veterans and victims groups. 
The legislation, however, was not considered by the full 
Senate.


                S. 5, CLASS ACTION FAIRNESS ACT OF 2005

    The Judiciary Committee played a vital role during the 
109th Congress in enacting class action reform, an issue that 
had been considered by Congress for nearly a decade. On January 
25, 2005, Senators Grassley, Kohl and Hatch introduced S. 5, 
the ``Class Action Fairness Act of 2005.'' Committee Members 
who cosponsored the bill included Senators Cornyn, DeWine, Kyl, 
Schumer, Feinstein and Sessions. The bipartisan legislation was 
aimed at keeping large interstate class actions in federal 
courts rather than in a handful of state court jurisdictions 
favored by the plaintiffs' bar.
    The bill expands federal diversity jurisdiction to cover 
class actions in which the aggregate amount in controversy 
exceeds $5,000,000, and where any member of a plaintiff class 
is a citizen of a state different from any defendant. Prior to 
this legislation, federal courts interpreted the diversity 
jurisdiction statute as requiring complete diversity between 
all plaintiffs and all defendants. Accordingly, plaintiffs' 
attorneys could keep large nationwide class action lawsuits in 
state court by simply suing an insignificant local defendant 
(e.g., a local pharmacy which may have distributed a drug that 
allegedly caused harm to the plaintiffs' class).
    The Act balances state concerns to adjudicate local class 
action disputes by creating specific exceptions to federal 
jurisdiction. Under the Act's home state exception, state 
courts maintain jurisdiction of class actions in which the 
defendant is sued in its home state and where at least two-
thirds of the plaintiff class are citizens of the defendant's 
home state. If less than one-third of the class members are 
citizens of the defendant's home state, the case is removable 
to federal court. For class actions where 33%-66% of the class 
members share state citizenship with all defendants, the 
federal judge must decide whether to exercise jurisdiction 
based on six specified factors that analyze the relationship 
between the lawsuit and the state where it is brought.
    Additionally, under the Act's local controversy exception, 
state courts maintain jurisdiction of class actions in which 
(1) at least two-thirds of the proposed class members are 
citizens of the forum state, (2) the plaintiffs have sued at 
least one in-state defendant whose conduct forms a significant 
basis of their claims, (3) the principal injuries occurred in 
the state where the suit is brought, and (4) no class action 
has been filed alleging the same claims against any of the 
defendants in the last three years.
    Finally, the Act protects consumers by giving federal 
courts enhanced oversight of class action settlements. The Act 
requires federal courts to issue written fairness decisions 
before approving coupon settlements or ``net loss'' settlements 
and to value attorneys' fees in coupon settlements based on 
those coupons that are actually redeemed by the class members 
plus, where applicable, the value of any injunctive relief. The 
legislation also prohibits the district court from approving a 
settlement that disproportionately awards payments to class 
members based on geographic proximity to the court.
    The Committee met on February 3, 2005 to consider S. 5. 
During this session, Ranking Member Leahy offered an amendment 
authorizing the increase of federal judge salaries, which was 
defeated by a vote of 13-5. The bill was then reported 
favorably out of Committee by a 13-5 vote. On February 10, 
2005, S. 5 passed the full Senate without amendment on a roll 
call vote of 72-26. The House followed suit a day later by 
passing the Senate bill on a roll call vote of 279-149. On 
February 18, 2005, President George W. Bush signed the measure 
into law (PL 109-2).


S. 256, BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005


    After passing class action reform, the Committee turned 
immediately to enacting long-awaited bankruptcy reform 
legislation, an issue considered by the Congress since 1997. On 
February 1, 2005, Senator Grassley introduced S. 256, the 
``Bankruptcy Abuse Prevention and Consumer Protection Act of 
2005,'' cosponsored by Committee Members Senators Hatch and 
Sessions. This bipartisan legislation addressed significant 
consumer bankruptcy abuses by implementing a ``means test'' to 
prevent debtors with the ability to repay their debts from 
using bankruptcy law as a financial planning tool.
    The means test is a needs-based formula applied by a 
trustee to determine whether Chapter 7 debtors whose incomes 
exceed the state median income are able to repay a significant 
portion of their debts. To determine whether a debtor can 
repay, the trustee takes the debtor's monthly income and 
subtracts applicable expenses as specified by the IRS,\2\ 
including ``other necessary expenses'' (e.g. medical care), as 
well as monthly payments toward secured debts and priority 
claims (e.g. child support). After applying this formula, if a 
Chapter 7 debtor is left with at least $100 in disposable 
income per month, a presumption arises that the filing is 
abusive. Unless the debtor rebuts the presumption by showing 
``special circumstances'' that warrant additional expenses or 
income adjustment, the court must either dismiss the petition 
or convert the matter into a Chapter 13 bankruptcy, which 
requires debtors to adopt a plan for partially repaying their 
debts.
---------------------------------------------------------------------------
    \2\ These include expenses for food, clothing, housing, and 
transportation as well as certain educational expenses for the debtor's 
children.
---------------------------------------------------------------------------
    Other major components of the Act include provisions that: 
prioritize the collection and payment of spousal and child 
support in bankruptcy cases by giving these claims the highest 
payment priority; require debtors to receive a minimum amount 
of credit counseling from a nonprofit credit counseling agency 
within 180 days prior to filing bankruptcy to determine if they 
might be able to work out their debt problems with some 
additional help; allow the court to reduce an unsecured 
creditor's claim by up to 20% if a debtor can prove that the 
creditor unreasonably refused to negotiate a reasonable 
repayment plan; require debtors who do file for bankruptcy to 
attend a course on financial management to avoid financial 
difficulties in the future; require credit card statements to 
include late payment disclosures and minimum payment warnings 
with estimates as to how long it would take customers to pay 
their existing balance making only the minimum payment; and 
strike at the most prominent abuses concerning the unlimited 
homestead exemption (known by some as the ``mansion loophole'') 
to address debtors who move to a state with an unlimited 
homestead exemption immediately prior to filing bankruptcy.
    On February 10, 2005, the Committee convened a hearing to 
revisit the issues surrounding bankruptcy reform. On February 
17, 2005, the Committee reported out S. 256. One note of 
significance is that, at this time, Chairman Specter had been 
diagnosed with Stage IVB Hodgkin's disease. Nevertheless, at 
the request of Chairman Specter and under the guidance of 
Senator Hatch, the Committee reported the legislation for full 
Senate consideration. Despite the diagnosis and subsequent 
treatment for his cancer, Chairman Specter was able to manage 
the bill on the Senate floor and to steer it to final passage.
    During the Committee's executive business meeting, the 
Committee accepted the following amendments: (1) an amendment 
offered by Senator Kennedy to add health and disability 
insurance and health savings account expenses for the debtor 
and dependents as allowable monthly expenses under the means 
test; (2) an amendment offered by Senator Kennedy imposing 
standards and limitations for court approval of executive 
retention bonuses and severance pay; (3) an amendment offered 
by Ranking Member Leahy to make non-dischargeable any liability 
for violation of a federal securities law regardless of whether 
the liability arises before, during, or after the bankruptcy 
filing; (4) an amendment offered by Senator Kennedy to direct 
the U.S. Trustee to move for appointment of a Chapter 11 
bankruptcy trustee when there are reasonable grounds to suspect 
members of the debtor's governing body have participated in 
fraud, dishonesty, or criminal conduct in the management of the 
debtor or its public financial reporting; and (5) an amendment 
offered by Senator Feingold to provide for an inflation 
adjustment regarding venue.
    During the amendment process on the floor, the Senate 
adopted the following amendments: (1) an amendment offered by 
Senator Sessions to ensure that the Act's safe harbor provision 
applies to debtors who have serious medical conditions, those 
who have been called or ordered to active duty in the Armed 
Forces, or those who are low income veterans; (2) an amendment 
offered by Ranking Member Leahy to restrict access to certain 
personal information in bankruptcy documents; (3) an amendment 
offered by Senator Feingold to include certain provisions in 
the triennial inflation adjustment of dollar amounts; (4) an 
amendment offered by Senator Feingold to authorize the sealing 
and expunging of court records relating to fraudulent 
involuntary bankruptcy petitions; (5) an amendment offered by 
Senator Feingold to improve the credit counseling provision; 
(6) an amendment offered by Senator Durbin to protect disabled 
veterans from means testing in bankruptcy under certain 
circumstances; (7) an amendment offered by Senator Talent to 
deter corporate fraud and prevent the abuse of State self-
settled trust law; and (8) an amendment offered by Chairman 
Specter to increase bankruptcy filing fees to pay for the 
additional duties of United States trustees and the new 
bankruptcy judges added by the Act. Chairman Specter's 
amendment addressed an issue brought to the Committee's 
attention: the Act was subject to a potential budget point of 
order because the Act created $45 million in direct spending 
for 26 new judgeships and created a federal net loss to the 
Treasury due to an increase in the allocation percentages for 
the disbursement on bankruptcy filing fees in the amount of 
$226 million over five years. The amendment offset the amount 
in direct spending for the new judges and the net revenue loss 
to the Treasury by increasing Chapter 7 and 11 bankruptcy 
filing fees.
    The Senate passed S. 256 on March 10, 2005 by a vote of 74-
25, and the House passed it with no amendments on April 14, 
2005 by a vote of 302-126. President Bush signed the bill into 
law on April 20, 2005 (PL 109-8).


         S. 167, FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2005


    On January 25, 2005, Senator Hatch introduced S. 167, the 
``Family Entertainment and Copyright Act of 2005,'' which 
served as a small omnibus of intellectual property bills 
related to protecting the copyright and trademarks of movies. 
Original cosponsors included Ranking Member Leahy and Senators 
Cornyn and Feinstein.
    The Act contains four separate titles: the Family 
Entertainment and Copyright Act of 2005, the Family Movie Act 
of 2005, the National Film Preservation Act (which contained 
the text of the National Film Preservation Act of 2005 and the 
National Film Preservation Foundation Reauthorization Act of 
2005), and the Preservation of Orphan Works Act. Title I of the 
Act criminalizes and provides penalties for the unauthorized, 
knowing use or attempted use of a recording device to transmit 
or make a copy of a copyrighted movie in a movie theater. Title 
II exempts from copyright infringement the making of certain 
private home copies of copyrighted works and the providing of 
technology to enable such copies as long as they are purely for 
private home entertainment. Title III contains several 
provisions related to the National Film Preservation Act of 
1996, including an expanded use of the National Film Registry 
seal and language directing the Librarian of Congress to 
properly store and record preserved films. It also reauthorizes 
the National Film Preservation Foundation and authorizes the 
appropriation of funds for the Foundation. Finally, Title IV 
provides that the limitation on rights of reproduction and 
distribution of copyrighted works does not apply to the 
authority of libraries or archives to reproduce, distribute, 
display, or perform a copy or phono-record of such work for 
purposes of preservation, scholarship, or research when certain 
conditions apply. The lifting of this limitation only applies, 
though, in the last twenty years of the term of a copyright.
    On February 1, 2005, the Senate discharged S. 167 from the 
Judiciary Committee and passed the bill by unanimous consent. 
The bill passed the House by voice vote on April 19, 2005, and 
President Bush signed S. 167 into law on April 27, 2005 (PL 
109-9).


 S. 1699 AND H.R. 32, STOP COUNTERFEITING IN MANUFACTURED GOODS ACT OF 
                                  2005


    On September 14, 2005, Chairman Specter introduced S. 1699, 
the ``Stop Counterfeiting in Manufactured Goods Act of 2005,'' 
amending provisions of the U.S. Code (18 U.S.C. 2320) 
prohibiting trafficking in goods and services bearing a 
counterfeit mark and making it illegal to traffic in labels, 
patches, or stickers bearing a counterfeit mark, or any item to 
which such items have been applied. The bill's Committee 
cosponsors included Ranking Member Leahy and Senators 
Brownback, Cornyn, DeWine, Feingold, Hatch, Coburn, Durbin, 
Feinstein, and Kyl.
    The bill responded to a Tenth Circuit Court of Appeals 
decision that overturned the conviction of a business operator 
who supplied counterfeit labels that were later attached to 
generic products by a third party. United States v. Giles, 213 
F.3d 1247 (10th Cir. 2000) (defendant manufactured counterfeit 
Dooney & Bourke labels that were later affixed to generic 
purses by a third party). The Tenth Circuit ruled that persons 
who sell counterfeited trademarks that are not actually 
attached to any ``goods or services'' do not violate the 
federal criminal trademark infringement statute. Since the 
defendant simply manufactured and distributed a counterfeit 
label that was unattached to any goods (here the generic 
purses), the defendant did not run afoul of the criminal 
statute as a matter of law.
    The Bureau of Customs and Border Protection estimates that 
counterfeit trafficking costs U.S. businesses as much as $200 
billion a year. The Act effectively strengthens U.S. trademark 
law by closing the loophole in federal anti-counterfeiting law 
apparently made by the Giles decision and by prohibiting the 
trafficking in any item bearing a counterfeit mark, including 
items that could later be attached to ``goods or services.'' 
The legislation also enables trade negotiators to demand 
greater protections for U.S. trademarks in international trade 
agreements by providing for mandatory pre- conviction 
forfeiture and destruction of items bearing or consisting of a 
counterfeit mark, such as the goods themselves or castes and 
moldings used to produce such counterfeit marks. Finally, the 
bill ensures that counterfeit businesses cannot restart their 
business in another location by providing for the forfeiture 
and destruction of any property derived from or used to engage 
in a counterfeiting business.
    On November 3, 2005, the Committee reported S. 1699 with an 
amendment negotiated by Chairman Specter and Ranking Member 
Leahy making technical and clarifying changes to the bill. The 
bill passed the Senate by unanimous consent on November 10, 
2005. Although the House took no final action on S. 1699, it 
took action on a companion bill H.R. 32, the ``Stop 
Counterfeiting in Manufactured Goods Act of 2005,'' sending it 
to the Senate on May 23, 2005.
    After Senate-House negotiations, the Senate discharged H.R. 
32 from the Judiciary Committee and sought to pass it by 
unanimous consent, as long as the House agreed to take amended 
language passed by the Senate. On February 15, 2006, the Senate 
passed H.R. 32 including the previously Senate-passed language 
of S. 1699 as well as S. 1095, the ``Protecting American Goods 
and Services Act of 2005,'' introduced by Senator Cornyn and 
Ranking Member Leahy. On March 7, 2006, the House took up and 
passed the modified version of H.R. 32. President Bush signed 
H.R. 32 into law on March 16, 2006 (PL 109-181).


      S. 1095, PROTECTING AMERICAN GOODS AND SERVICES ACT OF 2005


    On May 20, 2005, Senator Cornyn and Ranking Member Leahy 
introduced S. 1095, the ``Protecting American Goods and 
Services Act of 2005,'' which strengthened criminal provisions 
of the U.S. Code (18 U.S.C. 2320) for trafficking in 
counterfeit trademarked goods. The legislation addresses gaps 
in U.S. anti-counterfeiting laws in the federal trademark code. 
Specifically, it sought to alleviate the difficulty U.S. 
prosecutors have had when determining what actions constitute 
criminal counterfeiting activity.
    The Act makes it a crime to possess counterfeit goods with 
the intent to distribute, to take compensation other than money 
in exchange for counterfeit goods, or to import or export 
unauthorized copies of copyrighted works or counterfeit goods 
to or from the United States. The bill was a natural complement 
to S. 1699, the ``Stop Counterfeiting in Manufactured Goods Act 
of 2005.'' Taken together, the two bills have effectively 
closed most of the outstanding gaps in the anti-counterfeiting 
provisions of the criminal code.
    The Committee reported the bill on November 3, 2005, and S. 
1095 passed the Senate by unanimous consent on November 10, 
2005. Although the House did not act on S. 1095 as a stand-
alone bill, the text of the legislation was incorporated into 
H.R. 32, the ``Stop Counterfeiting in Manufactured Goods Act of 
2005,'' on the Senate floor and passed the Senate on February 
15, 2006. On March 7, 2006, the House took up and passed the 
text of the bill as part of H.R. 32. President Bush signed H.R. 
32, and the incorporated language of S. 1095, into law on March 
16, 2006 (PL 109-181).


          S. 2557, OIL AND GAS INDUSTRY ANTITRUST ACT OF 2006


    In the wake of sharply rising gasoline prices and record 
oil industry profits, the Committee undertook to scrutinize the 
practices of the domestic oil industry. On April 6, 2006, 
Chairman Specter and Ranking Member Leahy introduced S. 2557, 
the ``Oil and Gas Industry Antitrust Act of 2006,'' which 
sought to strengthen antitrust enforcement with respect to the 
petroleum and natural gas industry. Senators DeWine and Kohl 
cosponsored the legislation along with Committee Members 
Senators Feinstein and Durbin.
    The bill proposed to amend the Clayton Act to make it 
unlawful for any person to refuse to sell, or to export or 
divert, existing supplies of petroleum, gasoline, or other fuel 
derived from petroleum, or natural gas, with the primary 
intention of increasing prices or creating a shortage in a 
geographic market. If enacted, the bill would require the 
Attorney General and the Chairman of the Federal Trade 
Commission (FTC) to study, and report to Congress on, whether 
section 7 of the Clayton Act should be modified with respect to 
its application to persons engaged in the business of exploring 
for, producing, refining, or otherwise processing, storing, 
marketing or selling petroleum, gasoline or other fuel derived 
from petroleum or natural gas.
    In addition, the bill included provisions directing the 
Comptroller General to study and report upon the effectiveness 
of divestitures required by the government as a condition of 
approving prior oil and gas industry mergers. The FTC and 
Justice Department would be required to review the resulting 
report and determine whether any additional divestitures or 
conditions should be imposed retroactively on the parties to 
past oil and gas industry mergers. The FTC and Justice 
Department would also be required to establish a joint federal-
state task force to investigate information sharing among 
competitors in the oil and gas industry.
    Finally, the bill incorporated S. 555, the ``No Oil 
Producing and Exporting Cartels Act (NOPEC),'' introduced by 
Senators DeWine and Kohl. The NOPEC Act, discussed further 
below, sought to amend the Sherman Act to make it illegal for 
any foreign state to act collectively with any other foreign 
state to limit oil production or distribution, to set or 
maintain the price of oil, or to take any other action in 
restraint of trade for oil, natural gas, or any petroleum 
product.
    The Committee held two hearings to examine increased 
concentration and anticompetitive practices in the oil and gas 
industry. The hearings involved testimony by industry leaders, 
academics in the field of antitrust law, consumer advocates, 
state attorneys general, antitrust practitioners, economists, 
an FTC Commissioner and Members of Congress.
    The Committee reported the bill on April 27, 2006 by voice 
vote. The full Senate, however, did not take further action on 
the bill.


       S. 555, NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2005


    On March 8, 2005, Senators DeWine and Kohl introduced S. 
555, the ``No Oil Producing and Exporting Cartels Act of 2005'' 
(NOPEC), cosponsored by Chairman Specter, Ranking Member Leahy, 
and Senators Durbin, Grassley, Coburn, Feingold, and Schumer. 
Courts have held that OPEC's cartel activities are immune from 
prosecution under the Foreign Sovereign Immunities Act 
(``FSIA'') and the so-called ``act of state'' doctrine, which 
prevents federal courts from considering cases that would 
require them to judge the legality of sovereign acts taken by a 
foreign nation. The NOPEC Act sought to amend the Sherman 
Antitrust Act by making it illegal for foreign states to engage 
in collusive behavior with any other foreign state or person to 
limit the production or distribution, set or maintain the 
price, or otherwise act in restraint of trade, with regard to 
oil or petroleum products. The change would allow both the 
Department of Justice and the Federal Trade Commission to 
enforce the U.S. antitrust laws against OPEC member nations.
    Specifically, the NOPEC Act would amend FSIA so that OPEC 
nations would be subject to U.S. jurisdiction. Currently, FSIA 
arguably provides immunity to foreign states from actions that 
are governmental as opposed to commercial activities. In 1979, 
a federal district court held that OPEC's cartel activity was 
governmental activity and therefore immune from prosecution.
    Further, the NOPEC Act expressly states that the ``act of 
state'' doctrine does not bar suits against nations 
participating in an oil cartel, thus permitting U.S. federal 
courts to consider lawsuits against OPEC members. This language 
would reverse a 1981 federal court of appeals decision 
declining to hear a case against OPEC based on the ``act of 
state'' doctrine.
    Senators DeWine and Kohl first introduced the NOPEC Act on 
June 21, 2000, during another period of rapidly increasing 
gasoline prices. During the 109th Congress, the Committee 
reported the NOPEC Act by voice vote on April 14, 2005. On June 
21, 2005, in the wake of spiking oil prices, the Senate agreed 
by voice vote to amend H.R. 6, the ``Energy Policy Act of 
2006,'' with the NOPEC Act. Subsequently, however, the 
legislation was stripped from H.R. 6 during conference and no 
further action was taken.


        S. 1789, PERSONAL DATA PRIVACY AND SECURITY ACT OF 2005


    Early in 2005, reports surfaced that dozens of companies 
and government agencies had experienced data breaches involving 
the loss of personal information of hundreds of thousands of 
individuals across the nation. In particular, in early February 
2005, data broker ChoicePoint Inc. reported that hackers had 
accessed its databases, which contained the personal data of 
145,000 individuals. The breaches only came to light after 
California became the first state to pass legislation requiring 
companies to give individuals notice in the event of a data 
breach involving their personal data.
    The Committee held a hearing to consider the problem of 
data breaches and data security. During the hearing, the 
Committee heard testimony from data broker industry executives, 
privacy advocates, law enforcement and a state attorney 
general. On June 29, 2005, Chairman Specter and Ranking Member 
Leahy introduced S. 1332, the original version of the 
``Personal Data Privacy and Security Act of 2005,'' cosponsored 
by Senator Feingold.
    The bill contained provisions increasing criminal penalties 
for identity theft that involves electronic personal data. In 
addition, to encourage companies to provide notice to 
individuals and law enforcement in the event of a breach, the 
bill would make it a crime for a person who knows of a security 
breach and of the obligation to give notice to intentionally 
and willfully conceal the fact of the breach if such 
concealment causes economic damages. To enhance individual 
privacy and security awareness, data brokers would be required 
to give individuals access to their own sensitive personal 
information. If individuals came forward with evidence that 
their personal information is incorrect, the data broker would 
be compelled either to correct the information or to notify the 
individual of the source of the information.
    The bill placed special emphasis on encouraging companies 
and government agencies to maintain good security practices 
with respect to personal data. Entities maintaining large 
amounts of electronic personal data were required to assess any 
risks to personal data and to establish internal policies to 
protect it. The FTC would have authority to impose requirements 
modeled after the Gramm-Leach-Bliley implementing regulations 
that apply to personal data kept by financial institutions.
    The centerpiece of the bill would require entities that 
experience a breach involving electronic personal data give 
notice to affected individuals. To trigger notice, there must 
be reason to believe that an unauthorized person has accessed 
the personal data. In addition, if a company or government 
agency concluded that there is no significant risk of harm as a 
result of a breach, the bill only required that notice be given 
to the Secret Service. If the Secret Service similarly 
concludes that there is no significant risk of harm, the entity 
does not have to give notice to individuals. Finally, federal 
agencies would be required to establish procedures for 
evaluating and auditing the personal data security practices of 
data brokers with whom they have contracts.
    After introduction, the Finance Committee expressed 
interest in taking up the issue of protecting social security 
numbers. As a result, provisions restricting the use of social 
security numbers for identification purposes were removed from 
the bill for further consideration by the Finance Committee. On 
September 29, 2005, the bill's supporters reintroduced the 
``Personal Data Privacy and Security Act of 2005'' as S. 1789, 
which gained the additional cosponsorship of Senator Feinstein.
    The Committee reported S. 1789 by voice vote on November 
17, 2005, but the full Senate took no action. At least two 
other Senate Committees also considered data security 
legislation during the 109th Congress.


   S. 443, ANTITRUST CRIMINAL INVESTIGATIVE IMPROVEMENTS ACT OF 2005


    On February 17, 2005, Senator DeWine, Ranking Member Leahy, 
and Senator Kohl introduced S. 443, the ``Antitrust Criminal 
Investigative Improvements Act of 2005.'' The Act amends the 
federal criminal code to make violation of the Sherman Act a 
predicate offense for purposes of obtaining an order 
authorizing the interception of wire or oral communications. 
The legislation permits the Department of Justice, upon a 
showing of probable cause, to obtain a wiretap order allowing 
the Department to monitor communications between conspirators.
    In criminal antitrust investigations, it is critical that 
prosecutors gain access to evidence on the inner workings of 
the alleged conspiracy. To meet their burden of proof, 
prosecutors must marshal strong evidence regarding the 
participants in the conspiracy, the nature of their 
participation, and the terms of the illegal agreement. The Act 
permits the Justice Department to obtain such evidence during 
the investigation of criminal antitrust violations.
    Prior to passage of the legislation, the Department of 
Justice had two primary techniques for investigating criminal 
antitrust conspiracies. First, it could enlist the cooperation 
of a witness who would testify about the details of the 
conspiracy or consensually record conversations. Second, 
through the Antitrust Division's ``corporate leniency 
program,'' an otherwise guilty corporation could receive 
lenient treatment in exchange for fully cooperating with the 
investigation. However, both of these techniques depended upon 
the cooperation of someone inside the conspiracy, which was too 
often unavailable.
    There are over 150 predicate offenses for wiretaps within 
Title 18 and dozens of other predicate offenses from other 
parts of the U.S. Criminal Code. Offenses such as wire fraud, 
mail fraud, and bank fraud are predicate offenses, but until 
now, criminal antitrust offenses have not been on the list, 
despite the fact that penalties for such offenses are similar. 
Criminal antitrust offenses are essentially white-collar fraud 
offenses and often do much more harm to consumers than other 
types of fraud offenses. The Committee concluded that, given 
the gravity of the crime, antitrust needed to be added as a 
predicate offense.
    The Committee reported the bill by voice vote with no 
amendments on October 20, 2005. Five days later, the Senate 
passed the bill as reported by unanimous consent. The bill was 
subsequently included in the Conference Report for H.R. 3199, 
the ``USA PATRIOT Improvement and Reauthorization Act of 
2005.'' The House passed H.R. 3199 on December 14, 2005. The 
Senate passed the legislation on March 3, 2006. President Bush 
signed the bill, including the ``Antitrust Criminal 
Investigative Improvements Act of 2005,'' into law on March 9, 
2006 (PL 109-177).


           H.R. 683, TRADEMARK DILUTION REVISION ACT OF 2006


    On February 15, 2005, Congressman Lamar Smith introduced 
H.R. 683, the ``Trademark Dilution Revision Act of 2006,'' 
amending section 43 of the Trademark Act of 1946 (15 U.S.C. 
1125) to revise outdated provisions relating to trademark 
dilution.
    The legislation responds to Moseley v. V Secret Catalogue, 
Inc., 537 U.S. 418 (2003), in which the Supreme Court addressed 
the standard of proof for a dilution claim. The Supreme Court 
stated that a dilution action can only be sustained upon a 
showing of ``actual dilution'' of a mark. Although this term 
was not defined explicitly by the Court, it appeared to require 
a showing that the mark has been measurably diluted. Trademark 
owners argue that this interpretation of the Federal Trademark 
Act of 1946 is at odds with congressional intent to stop 
dilution of a mark before measurable harm has occurred. They 
argue that by the time ``actual dilution'' has been done to the 
mark, measurable harm has already occurred.
    The legislation represents the culmination of two years of 
negotiations between interested parties to clarify the meaning 
of trademark dilution. The legislation addresses a split in the 
circuit courts as to what constitutes a ``famous mark'' that 
has resulted from the failure to define the term in the Lanham 
Act.
    H.R. 683 addresses the Moseley decision by entitling the 
owner of a ``famous mark'' to injunctive relief against another 
person who uses the mark in a manner that is likely to cause 
the mark to be diluted by blurring or tarnishing. The owner of 
the mark may obtain injunctive relief regardless of whether 
there is actual or likely confusion, competition, or actual 
economic injury. The Act addresses existing circuit splits by 
defining the term ``famous mark.'' It requires courts to 
consider a number of factors when determining whether a mark is 
famous or whether a mark is likely to cause dilution by 
blurring. In addition, the Act allows the owner of a mark to 
seek remedies in addition to injunctive relief if the person 
against whom injunctive relief is sought did not use the mark 
prior to the date of the bill's enactment and if the person 
willfully intended to trade on the famous mark or dilute the 
mark by blurring or tarnishing.
    The House passed H.R. 683 on April 19, 2005. Once the bill 
was referred to the Senate Judiciary Committee, Committee 
Members' offices received objections to the bill from a variety 
of outside groups, including Internet search engines, the 
American Civil Liberties Union, and retailers of low cost 
goods. To address these concerns, Chairman Specter along with 
Ranking Member Leahy and Senator Hatch sought a compromise 
agreement between the trademark owners and concerned outside 
groups. This agreement was reached and embodied in a substitute 
amendment reported out of the Committee on February 16, 2006. 
The Senate passed the bill by unanimous consent on March 8, 
2006. Once received, the House accepted the Senate amendment 
and passed the bill on September 25, 2006. President Bush 
signed H.R. 683 into law on October 6, 2006 (PL 109-312).


 H.R. 1036, COPYRIGHT ROYALTY JUDGES PROGRAM TECHNICAL CORRECTIONS ACT


    On March 2, 2005, Congressman Lamar Smith introduced H.R. 
1036, the ``Copyright Royalty Judges Program Technical 
Corrections Act,'' amending portions of the Copyright Royalty 
and Distribution Reform Act of 2004. The bill responded to a 
call by the copyright community and Copyright Office to clarify 
the Copyright Royalty Judges Program. In addition to making 
purely technical corrections such as spelling errors, the Act 
clarifies timelines for actions taken by the Copyright Royalty 
Judges; provides the authorization needed by the Copyright 
Royalty Judges or the Library of Congress for certain 
regulatory actions; and requires the Copyright Royalty Judges 
to act in accordance with the Administrative Procedures Act. 
The statutory changes adhere to the original intent of the Act 
and enjoyed the wide support of the Copyright Office, the 
Copyright Royalty Judges, and copyright holders. The House 
passed the bill on November 16, 2005.
    Once referred to the Senate Judiciary Committee, Committee 
Members' offices received requests to amend H.R. 1036 in order 
to incorporate language governing when the Copyright Royalty 
Judges can distribute royalties prior to the commencement of 
royalty proceedings. In response to concerns expressed by 
content holders, Chairman Specter along with Senator Hatch and 
Ranking Member Leahy negotiated an amendment with the Members 
of the House, content holders, and the Copyright Royalty 
Judges. The amendment allows the Copyright Royalty Judges to 
make a partial distribution of royalties prior to the 
institution of a proceeding. The amendment: (1) retained the 
discretion of the Copyright Royalty Judges in current law to 
decide whether to make a partial distribution; (2) provided all 
claimants and the general public with a thirty-day notice 
period to respond to a motion to institute a partial 
distribution, guaranteeing due process; and (3) required the 
Copyright Royalty Judges to consider only the responses filed 
in a timely manner and to base their decisions on the arguments 
and evidence included within the responses. The language did 
not require that there be unanimity among all the respondents 
or even all the claimants to institute a partial distribution 
of fees. The unanimity requirement, present in earlier drafts 
of the amendment, was taken out at the request of the copyright 
holders in response to their voiced concerns that it would 
effectively prohibit them from ever instituting a partial 
distribution.
    On July 13, 2006, the Committee reported out H.R. 1036 as 
amended. The Senate passed the Act on July 19, 2006 by 
unanimous consent. The House agreed to the Senate amendment on 
September 25, 2006, and President Bush signed H.R. 1036 into 
law on October 6, 2006 (PL 109-303).


     H.R. 866, TECHNICAL CORRECTIONS BILL TO THE UNITED STATES CODE


    H.R. 866 and H.R. 1442 were prepared by the Office of the 
Law Revision Counsel of the House of Representatives, an 
independent, non-political office, required by law to maintain 
impartiality as to issues of legislative policy. See 2 U.S.C. 
285a. The office is responsible for maintaining and improving 
the United States Code, especially positive law titles of the 
Code. These bills did not propose any substantive change in 
existing law. Because positive law titles of the United States 
Code are actually federal statutes, legislation is required to 
correct even the smallest technical errors in text.
    The changes made by H.R. 866 are purely technical in nature 
and relate to cross references, typographical, and stylistic 
matters (e.g. capitalization) in titles 10 (Armed Forces), 23 
(Highways), 28 (Judiciary and Judicial Procedure), 36 
(Patriotic and National Observances, Ceremonies and 
Organizations), and 40 (Public Buildings, Property, and Works) 
of the United States Code. On September 7, 2006 the Committee 
reported House-passed H.R. 866 without amendment. The Senate 
passed it by unanimous consent on September 12, 2006, and 
President Bush signed the bill into law on September 27, 2006 
(PL 109-284).
    Title 46 of the United States Code had been partially 
enacted as positive law, but Title 46 included an appendix of 
laws that have not been enacted as positive law. H.R. 1442 
reorganized and rewrote the provisions in the appendix for 
enactment as part of the title. Specifically, the bill made 
technical and conforming amendments and set forth requirements 
with respect to: (1) documentation of vessels; (2) maritime 
liability; (3) regulation of ocean shipping, including shipping 
in foreign trade; (4) the Merchant Marine and the Merchant 
Marine Service; (5) clearance of, and tonnage taxes and duties 
levied against, vessels; (6) maritime security and drug 
enforcement; (7) vessel wrecks and salvage; (8) ice patrol and 
the destruction or removal of vessel derelicts; (9) safe 
containers for international cargo; and (10) the Maritime 
Administration in the Department of Transportation. The bill 
was strongly supported by the Department of Transportation 
(which includes the Maritime Administration), the Federal 
Maritime Commission, and the Maritime Law Association of the 
United States, which represents much of the private maritime 
bar.
    On September 7, 2006 the Committee reported the House-
passed H.R. 1442 without amendment. The Senate passed it by 
unanimous consent on September 13, 2006, and the President 
signed it into law on October 6, 2006 (PL 109-304).
B. CRIMINAL LAW ISSUES


  S. 1086 AND H.R. 4472, SEX OFFENDER AND INTERNET SAFETY LEGISLATION


    The Committee considered a number of bills that addressed 
sex offenders, child safety, and Internet safety. Many of these 
bills were ultimately combined, in whole or in part, with other 
child safety provisions to form H.R. 4472, the ``Adam Walsh 
Child Protection and Safety Act of 2006,'' which ultimately 
became law. Among the component bills referred to the Committee 
were S. 1086, the ``Jacob Wetterling, Megan Nicole Kanka, and 
Pam Lychner Sex Offender Registration and Notification Grant 
Act,'' S. 3499, the ``Internet Safety (Stop Adults Facilitating 
the Exploitation of Youth) Act of 2006,'' and S. 3432, the 
``Project Safe Childhood Act.''
    The core of the Adam Walsh Act was the National Sex 
Offender Registry, which was initially referred to the 
Committee in the form of S. 1086 introduced by Senator Hatch 
and cosponsored by Committee Members Biden, Grassley, Schumer, 
Brownback, Cornyn, DeWine, Feinstein, Graham, Kyl, and 
Sessions. The Registry provisions were designed to establish 
uniform standards for the registration of sex offenders, 
including a lifetime registration requirement for the most 
serious offenders. Prior to passage of the Adam Walsh Act, a 
gap existed in the law governing how different states track 
convicted sex offenders. For example, in the period leading up 
to passage of the Act, the National Center for Missing and 
Exploited Children estimated that at least 100,000 sex 
offenders were not accounted for by law enforcement.
    Just as the original congressional attempt to create a sex 
offender registry on a state-by-state basis was influenced by 
the disappearance of Jacob Wetterling, and just as the 1996 
creation of a sex offender notification program was influenced 
by the murder of Megan Kanka, efforts in the 109th Congress 
were influenced by high-profile and disturbing cases involving 
murder and rape by convicted sex offenders. Among the cases 
that influenced debate were those of a murdered Florida nine-
year old, named Jessica Lundsford; a kidnapped and murdered 
North Dakota college student, Dru Sjodin; and an Idaho family 
murdered by a sex offender who intended to kidnap and abuse the 
family's children.
    In its original form, S. 1086 (the Senate antecedent to the 
Adam Walsh Act) was regarded by some Senate critics as too 
harsh in its requirements that states implement the provisions 
of a sex offender registry or face the loss of federal program 
funds. A similar concern was voiced regarding the bill's 
treatment of lower level offenders. Consequently, Senator Hatch 
offered a pre-negotiated substitute amendment to address these 
concerns but also to maintain the core of the bill, namely a 
national sex offender registry that could be searchable by zip 
code as well as a program of sex offender registration and 
monitoring. The Committee reported S. 1086 with the substitute 
amendment on October 25, 2005, and S. 1086 passed the Senate by 
unanimous consent on May 4, 2006.
    During Senate consideration of S. 1086, the House passed an 
omnibus crime bill with a sex offender title mirroring the 
Senate bill, albeit with stronger penalties and tighter 
restrictions on convicted sex offenders. The original House 
bill, H.R. 4472, contained enhanced penalties for sex 
offenders, a national sex offender registry, a court security 
title, a set of provisions addressing juvenile and gang crime, 
and a series of miscellaneous provisions dealing with habeas 
corpus rights and the labeling of indecent materials.
    With the passage of two national sex offender registry 
bills, Committee staff negotiated a compromise bill that 
addressed the gaps in the current registry and enforcement 
system, while blending the two products together to form a 
single bill.
    Through these negotiations, a substitute bill was generated 
that focused on sex offender and child safety issues without 
including the court security and gang crimes provisions that 
were in the House bill. The substitute bill contained seven 
titles. The first title focused on the creation of a National 
Sex Offender Registry designed to keep track of all sex 
offender identification, address, employment, vehicle, and 
other information, as well as a recent photo and information on 
the offender's criminal history. This title created the Dru 
Sjodin National Sex Offender Public Website, available to the 
public to search for sex offender information by geographic 
radius and zip code.
    The second title of the substitute bill focused on 
enhancing criminal penalties, including increasing mandatory 
minimum penalties for a number of existing crimes. Such 
enhancements included mandatory assured penalties for crimes of 
violence against children, including the possibility of the 
death penalty for the murder of a child in a federal offense; a 
mandatory 30 year penalty for anyone who commits aggravated 
sexual abuse against a child; a mandatory 10 year penalty for 
sex trafficking offenses involving children and for criminal 
coercion for child prostitution; and expansion of the federal 
``two-strikes and you're out'' life sentence for repeat sex 
offenders to apply to offenders who commit sex trafficking 
offenses.
    The third title created civil commitment procedures for sex 
offenders who, while incarcerated, show that they cannot change 
their behavior once they are released from prison. The fourth 
title created immigration limitations on known sex offenders, 
while the fifth title prevented children from being exploited 
in pornography, including in simulated sexual activity.
    The sixth title of the bill contained grants to address a 
wide range of problems, including a number of pilot programs 
and studies to address child and community safety. These 
provisions ranged from a pilot program for the electronic 
monitoring of sex offenders, to funding for Big Brothers and 
Big Sisters, to grants to allow parents to obtain fingerprint 
records for their children.
    The seventh title of the substitute bill focused on 
Internet safety and included many of the provisions from other 
pending legislation, including components from S. 3499, the 
``Internet Safety (Stop Adults Facilitating the Exploitation of 
Youth) Act of 2006,'' introduced by Senator Kyl along with 
Senators Grassley, Cornyn, Brownback and DeWine. The 
legislation also included S. 3432, the ``Project Safe Childhood 
Act.''
    On July 20, 2006, the negotiated bill was offered as a 
substitute amendment to H.R. 4472. As part of the substitute, 
the short title of the bill was changed to the ``Adam Walsh 
Child Protection and Safety Act of 2006'' to honor the memory 
John and Reve Walsh's son, who was kidnapped and murdered in 
1981 when he was 6 years old. President Bush signed the bill 
into law on July 27, 2006 (PL 109-248).


       S. 1197, VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE 
                      REAUTHORIZATION ACT OF 2005


    On June 8, 2005, Chairman Specter and Senators Biden, along 
with Ranking Member Leahy and Committee Members Feinstein, 
Cornyn, DeWine, Durbin, Grassley, Kennedy, Kohl, and Schumer, 
introduced S. 1197, the ``Violence Against Women 
Reauthorization Act of 2005'' (VAWA 2005). VAWA 2005 sought to 
combat domestic violence through federal and state law 
enforcement and victims' services grants. The reauthorization 
was necessary to improve and extend the Violence Against Women 
Act of 1994, which was scheduled to expire on September 30, 
2005.
    Between 1993 and 2001, non-fatal violent victimizations 
committed by intimate partners declined 49 percent for women as 
reported by the National Crime Victimization Survey. A greater 
percentage of female rape and sexual assault victims now report 
these crimes to law enforcement, up from 31 percent in 1995 to 
53 percent in 2002. Despite this progress, nearly 25 percent of 
American women have been raped or physically assaulted by an 
intimate partner at some point in their lives, and the economic 
cost of domestic violence, dating violence, sexual assault, and 
stalking exceeds $5.89 billion each year. VAWA 2005 capitalized 
on the past decade's success in the battle against domestic 
violence while taking the next steps to address the continuing 
threat of all forms of violence against women in a 
comprehensive manner.
    VAWA 2005 provided funding to federal and state law 
enforcement officers, who are often the first responders in 
cases of domestic violence, and to victims' services providers 
who deliver essential services to victims and their children. 
VAWA 2005 also focused on prevention, enabling courts to better 
handle domestic violence cases, bolstering the effectiveness of 
criminal stalking laws, and enhancing criminal penalties for 
repeat offenders. Further, VAWA 2005 broadened the traditional 
focus on domestic violence to address the problems of dating 
violence, sexual assault, and stalking. In consideration of 
budgetary constraints, VAWA 2005 made modest increases in 
funding-increasing authorizations by 17.3 percent above the 
levels authorized in VAWA 2000, a modest increase when compared 
to the 77 percent increase in the VAWA 2000 authorization bill.
    On July 19, 2005, the full Committee held a hearing on the 
proposed Violence Against Women Act at which representatives 
from local law enforcement, victims' service providers and the 
Director of the Office of Violence Against Women testified.
    On September 8, 2005, the Committee approved by voice vote 
a substitute amendment to VAWA 2005 that responded to comments 
from the Health, Education, Labor and Pensions Committee, the 
Banking Committee, the Indian Affairs Committee, the Department 
of Justice, the Department of Health and Human Services, and 
Members of the Judiciary Committee. The substitute amendment 
decreased authorization levels throughout the bill and 
addressed concerns regarding public housing programs, 
immigration provisions, and programs designed to aid Native 
American women. At the request of Senator Brownback, the 
substitute amendment also contained language from S. 1618, the 
``International Marriage Broker Act,'' to protect women seeking 
to come to the United States as wives of U.S. citizens by 
imposing limits on the age and number of women who can be 
advertised to U.S. clients seeking a foreign wife and by 
requiring international marriage brokers to inform those women 
of their future spouse's background and of available resources. 
In addition, the Committee accepted an amendment by Senator 
Cornyn that embodied Senator Kyl's DNA Fingerprinting Act, S. 
1606. The ``DNA Fingerprinting Act of 2005'' allowed the 
Attorney General to collect DNA from criminal suspects at the 
time of their arrest and made additional grants available to 
States to reduce the backlog of rape kits and other crime scene 
evidence awaiting DNA examination.
    To prepare the bill for Senate passage, Chairman Specter 
along with Senators Biden and Hatch worked with Committee 
Members to prepare a substitute amendment narrowing language 
regarding immigration and making additional technical changes. 
On October 4, 2006, the Senate passed S. 1197 with the 
substitute amendment by unanimous consent.
    On September 28, 2005, the House passed its companion bill, 
H.R. 3402, which included language to authorize the Department 
of Justice. Subsequently, the Senate VAWA provisions from S. 
1197 were appended to a negotiated version of H.R. 3402 in 
place of the House VAWA provisions. As a corollary, the House 
provisions reauthorizing the Department of Justice were 
retained with only minimal modifications to accommodate 
Senators' requests.
    On December 16, 2005, the Senate discharged H.R. 3402 from 
the Judiciary Committee and passed the negotiated version by 
unanimous consent. The Department of Justice Reauthorization 
provisions in the bill represent only the second time since 
1980 that the Department's programs and activities have been 
reauthorized. The reauthorization package contains a number of 
provisions that will enable the Congress to exercise oversight 
over the Department of Justice in order to ensure that its 
programs meet the evolving needs of the country. It also alters 
grant programs to enhance the ability of States and local 
governments to use Department of Justice grants effectively and 
appropriately.
    The Department of Justice provisions streamline the grant 
application process for state and local governments by merging 
the Byrne Grant and Local Law Enforcement Block Grant Program; 
extend the matching program for law enforcement bulletproof 
vests to FY 2009; create a new Office of Weed and Seed 
Strategies to replace the current Executive Office of Weed and 
Seed; require that at least 50 percent of the grant be used for 
Weeding activities under the program; create a new Office of 
Audit, Assessment, and Management within the Office of Justice 
Programs to track grant programs; permit States to use Juvenile 
Justice Accountability Block Grant funds to establish, improve, 
and coordinate pre- and post-release programs to facilitate 
successful juvenile re-entry into the local community and 
reauthorize the program through 2009; and make technical 
corrections important to the implementation of Aimee's Law, 
which redirects federal crime fighting dollars from any State 
that releases a violent criminal prior to the termination of 
his sentence to any State in which that prisoner goes on to 
commit a similar crime.
    Following Senate passage, the House passed the negotiated 
version of H.R. 3402 on December 17, 2006, and on January 5, 
2006, President Bush signed it into law (PL 109-162).


   EXAMINATION OF THE DEPARTMENT OF JUSTICE'S ``THOMPSON MEMORANDUM''


    The Committee examined the impact of a January 2003 
Department of Justice memorandum issued by former Deputy 
Attorney General Larry Thompson, which set forth the principles 
that federal prosecutors should consider when deciding whether 
to charge a corporation along with its employees. The 
memorandum, which is commonly referred to as the ``Thompson 
Memorandum,'' contains two provisions relating to the right to 
counsel: (1) provisions that have been criticized as 
effectively forcing corporations under investigation to waive 
the attorney-client privilege as a condition of avoiding a 
criminal charge; and (2) provisions that discourage 
corporations from paying the legal expenses of employees, 
officers, and directors who are investigated for, or charged 
with, crimes in connection with their work with the 
corporation. These provisions have been criticized by the 
American Bar Association, U.S. Chamber of Commerce, American 
Civil Liberties Union, Association of Corporate Counsel, 
National Association of Criminal Defense Lawyers, National 
Association of Manufacturers, American Chemistry Council, and 
numerous former Justice Department officials, including former 
Attorneys General Richard Thornburgh and Edwin Meese, III.
    On September 12, 2006, the Committee held a hearing titled, 
``The Thompson Memorandum's Effect on the Right to Counsel in 
Corporate Investigations.'' The hearing included witness 
testimony from Deputy Attorney General Paul McNulty, former 
Attorney General Edwin Meese, and Thomas J. Donohue of the U.S. 
Chamber of Commerce among others. The hearing detailed the 
Thompson Memorandum's effect on the principles of the attorney-
client privilege and the right to counsel. In his written 
testimony, Mr. Meese criticized the Thompson Memorandum as 
``result[ing] in the dilution of essential rights encompassed 
by the attorney-client relationship.'' Such a dilution would, 
Mr. Meese testified at the hearing, ``would be a threat to 
constitutional rights, would be bad policy, unwise practice and 
would be counter-productive to both compliance with the law and 
with just criminal proceedings.''
    The Former Attorney General concluded by recommending that 
the Thompson Memorandum be amended ``to eliminate any reference 
to the waiver of attorney-client privilege or work-product 
protections in the context of determining whether to indict a 
business organization'' and to permit a company to pay the 
legal expenses of its employees. Mr. Meese's recommendations 
were deemed particularly important given his former role as 
Attorney General of the United States. In that capacity, he 
supervised federal prosecutors and was intimately aware of the 
necessity of defendants to obtain counsel and the government to 
uncover evidence of wrong-doing.
    Following its September hearing, the Committee worked on 
crafting legislation to reform the Department of Justice's 
policy regarding waiver of attorney-client privilege and 
payment of employee legal fees. The bill, the ``Attorney-Client 
Privilege Protection Act of 2006,'' was introduced on December 
7, 2006, as S. 30. Immediately prior to its introduction, 
representatives from the U.S. Chamber of Commerce, American 
Civil Liberties Union, and the American Bar Association, 
including former Attorney General Richard Thornburgh, joined 
the Chairman at a press conference to endorse the bill.
    The Attorney-Client Privilege Protection Act sought to 
prohibit federal lawyers and investigators from requesting that 
an organization waive its right to assert the attorney-client 
privilege or work product doctrine for communications with 
counsel, internal investigations, and other purposes, or from 
conditioning any charging decision or cooperation credit on 
waiver or non-waiver of privilege, the payment of an employee's 
legal fees, the continued employment of a person under 
investigation, or the signing of a joint defense agreement. The 
bill was crafted to recognize the legitimate needs of 
prosecutors. For example, it would allow organizations to 
continue offering internal investigation materials to 
prosecutors, but only if such an offer were entirely voluntary 
and unsolicited by the prosecutors. The bill would allow 
prosecutors to seek materials that they reasonably believe are 
not privileged.
    Although the bill was not taken up by the Committee or full 
Senate, it was highly effective. Just days after the 
introduction of S. 30, Deputy Attorney General Paul McNulty 
unveiled a replacement to the Thompson Memorandum in the form 
of new set of corporate prosecution guidelines. The new 
memorandum, which was immediatey labeled the McNulty 
Memorandum, eliminated almost all of the Thompson Memorandum's 
controversial language regarding attorneys' fees. The McNulty 
Memorandum also addressed requests for waiver of the attorney-
client privilege and work product protections, albeit in a less 
comprehensive way. Committee staff continued to examine the 
McNulty Memorandum through the conclusion of the 109th Congress 
to determine if further legislative or oversight action will be 
necessary.


                  S. 1088, STREAMLINED PROCEDURES ACT


    The Committee considered how best to clarify, modify, and 
improve the habeas corpus reforms enacted in the Antiterrorism 
and Effective Death Penalty Act of 1996 (AEDPA). Although AEDPA 
was designed to prevent unnecessary delays in habeas corpus 
petitions, according to the Judicial Conference, the median 
time from filing to the disposition of state capital habeas 
cases rose from 13 months in 1998 to 25.3 months in 2005. S. 
1088, the ``Streamlined Procedures Act,'' was introduced by 
Senator Kyl along with Senators Grassley, Cornyn, and Hatch. It 
was crafted to reduce delays created by state prisoners' habeas 
corpus petitions and to enforce the one-year statute of 
limitations for federal habeas petitions by, for example, 
barring amendments to petitions unless they contain meaningful 
evidence to support innocence. The bill also proposed time 
limits on the Court of Appeals' review of federal habeas 
petitions.
    The Committee held two hearings on habeas corpus reform, 
which examined options to improve efficiency of habeas cases 
without limiting the availability of habeas corpus for claims 
of actual innocence. S. 1088 appeared on the agenda 
continuously from June 20, 2005 until November 17, 2005. On 
July 28, 2005, Chairman Specter offered a substitute amendment 
to allow federal judges to hear claims of procedural flaws, 
notwithstanding the state court's determination that the 
procedural flaws constituted harmless error. The substitute was 
accepted by a vote of 10-1, with Senator Feinstein voting nay 
and all other Democrats abstaining. Habeas legislation was 
considered again on October 6, 2005, when Senator Feinstein 
offered a new substitute amendment that would have replaced the 
entire bill with a requirement that the Judicial Conference 
study habeas corpus procedures and practice. The Feinstein 
amendment was rejected by a 10-8 party line vote.
    The Senate took no further action on either proposal for 
habeas corpus reform in the 109th Congress.


S. 2560, H.R. 2829 & H.R. 6344, OFFICE OF NATIONAL DRUG CONTROL POLICY 
                      REAUTHORIZATION ACT OF 2006


    On April 6, 2006, Chairman Specter, along with Senators 
Biden, Grassley and Hatch, introduced S. 2560, the ``Office of 
National Drug Control Policy Reauthorization Act of 2006.'' The 
Office of National Drug Control Policy (``ONDCP'') was most 
recently reauthorized in 1998 but has been without 
Congressional authorization since 2003 despite having received 
funding in 2004 and 2005.
    ONDCP, a component of the Executive Office of the 
President, was established by the Anti-Drug Abuse Act of 1988. 
ONDCP sets policies, priorities, and objectives for the 
nation's drug control program. The key goals of the program are 
to reduce illicit drug use, manufacturing, trafficking, drug-
related crime and violence, and drug-related health 
consequences. To achieve these goals, the Director of ONDCP, 
commonly referred to as the nation's ``Drug Czar,'' is charged 
with producing the National Drug Control Strategy, which 
directs the nation's anti-drug efforts and establishes a 
program, budget, and guidelines for cooperation among federal, 
state, and local entities. The Director of ONDCP also 
evaluates, coordinates, and oversees international and domestic 
anti-drug efforts of Executive branch agencies and ensures that 
such efforts sustain and complement State and local anti-drug 
activities. The Director advises the President regarding 
changes in the organization, management, budget, and personnel 
of federal drug control agencies.
    S. 2560 authorized funding for ONDCP through 2010 and 
sought to: (1) better organize ONDCP and define its roles and 
responsibilities including the preparation of the National Drug 
Control Strategy; (2) ensure the High Intensity Drug 
Trafficking Areas Program remains within ONDCP instead of being 
transferred to the Justice Department as recently proposed; (3) 
improve the Counterdrug Technology Assessment Center; (4) 
improve the National Youth Anti-Drug Media Campaign; (5) create 
a United States Anti-Doping Agency; (6) reauthorize the Drug 
Free Communities grant program; (7) create National Guard 
Counterdrug Schools; (8) create a National Methamphetamine 
Information Clearinghouse within the Justice Department; and 
(9) require Congressional reporting and studies on a variety of 
subjects.
    On May 25, 2006, the Committee reported S. 2560 by 
unanimous consent. The House overwhelmingly passed its ONDCP 
reauthorization bill, H.R. 2829, in March 2006. In the weeks 
prior to the October recess, efforts were made between Senate 
and House staff to negotiate a compromise version, containing 
portions of S. 2560 and the House-passed version H.R. 2829.
    The result of these negotiations was H.R. 6344, a 
compromise version of the Office of National Drug Control 
Policy Reauthorization Act of 2006. H.R. 6344 was passed by the 
House of Representatives on December 7, 2006, and was passed by 
the Senate the following day, December 8, 2006. The White House 
received the bill on Tuesday, December 19, 2006 and as of the 
submission of this report, the bill awaits President Bush's 
signature.


                   S. 1934, SECOND CHANCE ACT OF 2005


    Chairman Specter, along with Senators Brownback, Biden, 
DeWine, Feinstein, Schumer, Durbin, Hatch, and Kyl, introduced 
S. 1934, the ``Second Chance Act,'' on October 27, 2005. Nearly 
two-thirds of the 7,000,000 State and local prisoners and 
650,000 federal prisoners who are released from prison every 
year will be rearrested for a felony or a serious misdemeanor 
within three years after release. Programs aimed at providing 
these offenders with the basic literacy, educational, job 
training and life skills needed to succeed in society have 
proven highly effective at decreasing recidivism rates by as 
much as 33 percent.
    The Second Chance Act would increase authorizations for 
existing federal prisoner reentry programs, provide additional 
grants for non-profit organizations that work with ex-offenders 
who are reentering society, and require the Bureau of Prisons 
to enhance its efforts to encourage successful transitions for 
federal offenders. The bill sought to address the problems that 
frequently lead to recidivism by increasing access to jobs, 
ensuring better educational opportunities for adult and youth 
offenders, and providing support for families of ex-offenders. 
These grant programs focus on measurable results, requiring at 
least a 10% reduction in recidivism among program participants 
in order for a program to continue receiving funding. The 
Second Chance Act would also authorize grants for non-profit 
organizations that provide mentoring and reentry services. Such 
mentoring services, which often begin in prison and continue as 
the offender transitions from prison to the community, have 
proven highly successful in encouraging employment and 
abstinence from drugs and alcohol, and in decreasing recidivism 
rates.
    In July 2006, the House Judiciary Committee reported a 
prisoner reentry bill by voice vote. Subsequently, the Senate 
and House Judiciary Committees worked together to negotiate a 
compromise version of the Second Chance Act. In addition to the 
reentry provisions contained in the Senate bill, the compromise 
version contained grant programs from the House bill designed 
to provide ex-offenders with effective drug and alcohol 
treatment. Like education and job training programs, drug 
treatment programs have proven highly effective in discouraging 
ex-offenders from becoming re-involved in crime upon their 
release from prison.
    The Judiciary Committee held a hearing on September 19, 
2006, titled the ``Cost of Crime'' at which the Director of the 
Bureau of Prisons testified. The hearing focused on the 
pecuniary and non-pecuniary costs of crime (estimated by one 
witness to be on the order of $3 trillion annually) and on the 
ability of reentry programs to decrease this cost by reducing 
recidivism rates. The Subcommittee on Corrections and 
Rehabilitation, chaired by Senator Coburn, also held a hearing 
on September 21, 2006, titled ``Oversight of Federal Assistance 
for Prisoner Rehabilitation and Reentry in Our States.''
    Chairman Specter sought several unanimous consent 
agreements on negotiated versions of Second Chance Act, but no 
agreement was reached, and the full Senate did not act on the 
legislation.


    H.R. 6338, THE GENEVA DISTINCTIVE EMBLEMS PROTECTION ACT OF 2006


    On December 5, 2006, Representative Jeff Flake and thirty-
four co-sponsors introduced H.R. 6338, the Geneva Distinctive 
Emblems Protection Act of 2006, which criminalizes the 
fraudulent use of the Red Crescent or Red Crystal symbols.
    In December of 2005, the Diplomatic Conference adopted the 
Third Additional Protocol to the 1949 Geneva Conventions, 
creating a new emblem (the Red Crystal) associated with the 
International Red Cross and Red Crescent Movement. The creation 
of the Red Crystal cleared the path for acceptance of Magen 
David Adom (Israel's ``red Shield of David'') into the Red 
Cross and Red Crescent Movement after fifty-seven years of 
attempting to gain membership. On September 29, 2006, the 
Senate approved for ratification the Third Additional Protocol 
to the Geneva Conventions.
    H.R. 6338 authorizes and implements the Third Additional 
Protocol to the Geneva Convention by amending the federal 
criminal code to prohibit the wearing or displaying of the Red 
Crescent or Red Crystal for the fraudulent purpose of claiming 
membership in an authorized national society. It authorizes the 
use of the Red Crescent or Red Crystal solely by the 
International Federation of the Red Cross and Red Crescent 
Societies, and the medical facilities of the armed forces of 
members to the Geneva Conventions.
    H.R. 6338 passed the House under a suspension of the rules 
on December 5, 2006. The bill was then received in the Senate 
where it was held at the desk and passed by unanimous consent 
on December 8, 2006. As of the submission of this report, the 
bill awaits President Bush's signature.


    H.R. 4709, TELEPHONE RECORDS AND PRIVACY PROTECTION ACT OF 2006


    On January 18, 2006, Chairman Specter and Senator Schumer 
introduced S. 2178, the Telephone Records and Privacy 
Protection Act of 2006. Introduction of the bill was prompted 
by revelations in the press that consumer cellular telephone 
records, including phone numbers dialed, calls received and 
call location, were being bought and sold on the Internet, and 
much of the information was being obtained through fraud. 
Criminals can use phone records to commit identity theft and 
other financial fraud, domestic violence, as well as to hinder 
law enforcement operations. Fraudulent methods used to obtain 
telephone records include: (1) ``pretexting,'' whereby a person 
misrepresents his identity in order to obtain the phone records 
of others from a telephone company employee; (2) the 
unauthorized sale or transfer by dishonest phone company 
employees; and (3) ``hacking,'' whereby an individual gains 
unauthorized access to electronic phone company records.
    The legislation would amend Title 18 of the United States 
Code by providing significant criminal penalties for the 
fraudulent acquisition, unauthorized disclosure, or transfer of 
telephone records. The bill included three separate criminal 
provisions, each of which would result in imprisonment for up 
to 10 years and/or a fine. First, the bill would make it a 
crime to make a false statement, or to provide a false 
document, to a phone company employee in order to obtain phone 
records. This provision also would prohibit obtaining 
unauthorized access to phone company customer accounts via the 
internet. The second provision would make it a crime to 
knowingly sell or transfer confidential phone records without 
authorization. Finally, the bill would make it a crime to 
knowingly purchase or receive confidential phone records 
without authorization.
    The legislation was met with overwhelming bipartisan 
support. The bill had thirty-seven Senate co-sponsors, 
including eighteen Republicans and nineteen Democrats. The 
Senate Judiciary Committee approved the legislation by voice 
vote on March 2, 2006. Meanwhile, Congressman Lamar Smith 
introduced almost identical legislation in the House. The House 
Judiciary Committee favorably reported H.R. 4709, the Telephone 
Records and Privacy Protection Act of 2006, by voice vote, also 
on March 2, 2006. On April 25, 2006, the House passed H.R. 4709 
under suspension of the rules by a vote of 409 to 0.
    Shortly thereafter, both the House Energy and Commerce 
Committee and the Senate Commerce Committee introduced bills 
also addressing the issue of phone record confidentiality. In 
the House, Chairman Joe Barton introduced H.R. 4943, the 
Prevention of Fraudulent Access to Phone Records Act, on March 
14, 2006. Senator George Allen introduced S. 2389, Protecting 
Consumer Phone Records Act, in the Senate on March 8, 2006. As 
with the Judiciary Committee bills, the House Commerce 
Committee bill would make it unlawful to obtain or disclose 
confidential phone records of another person by making a false 
statement, or providing a false document, to a phone company 
employee. The bill would prohibit solicitation of another 
person to obtain confidential phone records fraudulently and 
would bar the sale or disclosure of phone records obtained 
under false pretenses. However, instead of amending the 
Criminal Code, the bill would make such conduct an ``unfair or 
deceptive act or practice'' in violation of the Federal Trade 
Commission Act. The bill also proposed amendments to the 
Communications Act of 1934 imposing obligations on phone 
companies to protect the confidentiality of consumer phone 
records. The bill would prohibit phone companies from using 
phone records for purposes other than increasing business or 
publishing directories without permission of their customers. 
The bill also would direct the Federal Communications 
Commission to issue regulations imposing more stringent 
security standards on phone companies.
    The Senate Commerce Committee bill would prohibit a person 
from acquiring or using an individual's phone records without 
the individual's written consent. It also would make it 
unlawful to misrepresent that the individual has consented to 
the acquisition of his or her phone records. As with both 
Judiciary Committee bills, the Senate Commerce Committee bill 
would prohibit any person from obtaining unauthorized access to 
electronic phone records kept by phone companies via the 
Internet. In addition, the bill would prohibit the sale of 
phone records. As with the House Commerce Committee bill, the 
Senate Commerce bill would make violations of the Act an unfair 
or deceptive act or practice in violation of the Federal Trade 
Commission Act. Additionally, the Senate bill would provide 
phone companies and consumers with a private right of action 
against those who violate the Act. The Senate Commerce 
Committee bill also would direct the FCC to issue regulations 
requiring phone companies to protect the confidentiality of 
customers. The bill would require that phone companies notify 
customers when their phone records are disclosed without 
authorization. The bill includes an express preemption of 
contrary state law.
    An effort was made to combine the Senate Judiciary 
Committee and Commerce Committee bills, but this effort 
foundered in the wake of opposition to the Commerce Committee 
bills from Members, industry, and consumer groups. Issues of 
contention included the provision preempting state law, an 
exception for law enforcement and intelligence gathering, the 
private right of action and application of the Act to Voice 
over Internet Protocol providers. Differences between the House 
and Senate Commerce Committee bills also complicated 
negotiations.
    Ultimately, on December 8, 2006, the Senate took up and 
approved by voice vote the House Judiciary Committee bill, H.R. 
4709, the Telephone Records and Privacy Protection Act of 2006. 
The bill, which was virtually identical to S. 2178, the Senate 
Judiciary Committee bill, had already passed the House 
unanimously.
C. IMMIGRATION LAW


  CHAIRMAN'S MARK ON COMPREHENSIVE IMMIGRATION REFORM & S. 2611, THE 
              COMPREHENSIVE IMMIGRATION REFORM ACT OF 2006


    Approximately twenty years ago, Congress took a 
comprehensive approach to examining and thoroughly revising our 
immigration laws. Today, however, Congress is confronted with a 
demand for visas that far exceeds current numerical 
limitations; employers in some sectors of the economy are faced 
with a decreasing supply of U.S. workers; and more than 11 
million undocumented immigrants live in the shadows within the 
United States. Congress is also confronted with the fact that, 
for a number of years, there has been a laxity of enforcement 
at the borders and at worksites, thus necessitating the need to 
take another comprehensive look at our immigration laws, which 
are seen by many as broken and ineffective.
Subcommittee Hearings
    During the first session of the 109th Congress, Judiciary 
Subcommittees held hearings to examine ways the government 
could begin to strengthen the rule of law and establish 
effective and sensible immigration laws that would be 
vigorously enforced. The subcommittees held a series of 
hearings in March and April devoted exclusively to the topic of 
strengthening enforcement at the border and within the interior 
of the U.S.
    The Subcommittee on Immigration, Border Security and 
Citizenship (``Immigration Subcommittee'') and the Subcommittee 
on Terrorism, Technology and Homeland Security (``Terrorism 
Subcommittee'') held a hearing titled ``The Need for 
Comprehensive Immigration Reform: Strengthening our National 
Security'' on May 17, 2005. It was the first in a series of 
hearings on the issue of comprehensive reform of our 
immigration system. Senators Cornyn and Kyl jointly chaired the 
hearing and heard testimony from expert witnesses, including 
the Honorable Asa Hutchison, former Under Secretary for Border 
and Transportation Security. The witnesses' statements outlined 
the elements necessary to strengthen enforcement of our 
immigration system at the border, taking into consideration 
national security concerns. Secretary Hutchison testified that, 
to tackle this enormous problem, the United States must 
effectively: (1) increase the funding of technology and 
security personnel along the border; (2) make it more difficult 
for illegal aliens to get jobs in this country; and (3) provide 
a workable and practical means for migrant workers to have 
access to job opportunities in this country when those jobs 
cannot otherwise be filled.
    On May 26, 2006, the Immigration Subcommittee held a 
hearing titled ``The Need for Comprehensive Immigration Reform: 
Serving Our National Economy.'' Senator Cornyn heard testimony 
from various expert witnesses, including the Honorable Steven 
J. Law, Deputy Secretary of Labor, and Thomas J. Donohue, 
President and Chief Executive Officer of the U.S. Chamber of 
Commerce.
    On June 7, 2005, the Terrorism Subcommittee and the 
Immigration Subcommittee jointly held a hearing titled ``The 
Southern Border in Crisis: Resources and Strategies to Improve 
National Security.'' Senators Kyl and Cornyn presided over the 
hearing, which included testimony of David Aguilar, Chief of 
the Border Patrol. His testimony, as well as that of other 
experts, outlined the national security threat posed by aliens 
from countries other than Mexico who illegally cross the 
border. He stated that securing the southern border is crucial 
because ``illegal human smuggling routes may be exploited by 
terrorists to conduct attacks against the U.S. homeland.'' The 
hearing further highlighted the fact that any comprehensive 
solution dealing with the immigration crisis must effectively 
identify and solve this national security threat. A later 
Immigration Subcommittee hearing focused on the level of 
cooperation between the U.S. and Mexico, as well as the 
relationship between the two countries and the implications for 
both countries in dealing with comprehensive immigration 
reform.

Full Committee Hearings

    The full Committee held a hearing on July 26, 2005, titled 
``Comprehensive Immigration Reform'' and heard from the 
sponsors of two pending bills in the Senate: S. 1438, the 
``Comprehensive Enforcement and Immigration Reform Act of 
2005,'' introduced by Senators Cornyn and Kyl; and S. 1033, the 
``Secure America and Orderly Immigration Act,'' introduced by 
Senator John McCain and Senator Kennedy.
    The Committee followed up the July hearing with a hearing 
on October 18, 2005 titled ``Comprehensive Immigration Reform 
II.'' The Honorable Michael Chertoff, Secretary of the 
Department of Homeland Security, and the Honorable Elaine Chao, 
Secretary of the Department of Labor, testified that both 
increased enforcement and a new temporary guest worker program 
were needed to stop illegal immigration. Secretary Chertoff 
outlined the Administration's three-pillar approach: gain 
control of the border, provide a workable interior enforcement 
program, and establish a Temporary Worker Program. Secretary 
Chao stressed that any piece of legislation must contain these 
three elements, but must not allow amnesty. Secretaries Chao 
and Chertoff acknowledged that current systems are overloaded 
and require updating. They stressed the need to place willing 
workers with willing employers, while also bringing legality 
and responsibility to the hiring process. Secretary Chao's 
testimony emphasized that American workers would come first, 
and employers would carry the burden of proving that no 
American is available before offering a position to a guest 
worker. The hearing provided important insight and gave the 
Committee an opportunity to hear from the Administration.

Legislation

    On November 8, 2005, Chairman Specter circulated among 
Committee Members a Chairman's Mark on Comprehensive 
Immigration Reform. Recommendations from previous hearings 
proved to be fruitful, and many of the suggestions were 
included in the border enforcement title of the Chairman's 
Mark. The Chairman's Mark contained several key provisions 
taken from bills that were pending before the Judiciary 
Committee. Those provisions included: (1) tougher border and 
interior enforcement drawn from S. 1438; (2) increased 
penalties for employers who hire undocumented individuals and 
revised worksite enforcement practices adopted from S. 1917, 
the ``Employment Verification Act of 2005;'' and (3) a modified 
temporary guest worker program to pair willing foreign workers 
with willing employers when no United States citizen can be 
found to take the job modeled after S. 1033. The proposal was 
intended to move the debate forward in anticipation of the 
Senate taking up immigration reform in the second session of 
the 109th Congress.
    On February 23, 2006, during the 2nd session of the 109th 
Congress, an amended Chairman's Mark on immigration reform was 
circulated. This Mark significantly revised and expanded the 
previous draft and served as a framework for building a 
consensus within the Committee on comprehensive reform. The new 
Chairman's Mark prioritized border security and enforcement 
measures. The legislation also included measures to consolidate 
all administrative and civil immigration appeals into a single 
court and to enhance the ability of certain highly-skilled 
professionals to work in the United States. It also introduced 
the ``Gold Card'' visa for the current undocumented population, 
allowing them to come out of the shadows and receive legal 
status without granting amnesty. Chairman Specter circulated a 
final draft of the Chairman's Mark on March 6, 2006, which 
included technical changes.
    The first executive business meeting discussing the 
Chairman's Mark was held on March 2, 2006. It was followed by 
five additional Committee mark-ups, with a final mark-up held 
on March 27, 2006. A total of 357 amendments were circulated 
and over 60 votes taken, resulting in the addition of 54 first 
and second degree amendments accepted by the Committee. A 
significant amendment offered by Senator Graham provided a new 
mechanism to allow undocumented immigrants in the United States 
to legalize their status. On a 12-6 vote, the bill was reported 
out of the Judiciary Committee on March 27, 2006--the very day 
that the Majority Leader had set to begin Senate debate on 
immigration reform.
    The Senate began debate on the immigration issue by 
considering S. 2454, the ``Securing America's Borders Act,'' 
introduced by the Majority Leader. On March 30, 2006, Chairman 
Specter offered the Committee bill as a complete substitute to 
S. 2454, and this substitute became the vehicle for the floor 
debate. Although over 234 amendments were filed, only three 
received votes in two weeks of debate before action stalled 
when a motion to invoke cloture on the substitute amendment 
failed on April 6, 2006.
    On April 7, 2006, after intense bipartisan negotiations, 
Chairman Specter and Senator Kennedy, along with Committee 
cosponsors Senators Graham and Brownback, introduced S. 2611, 
the ``Comprehensive Immigration Reform Act of 2006.'' The new 
bill incorporated provisions advanced by Senators Chuck Hagel 
and Mel Martinez, which would make a distinction among 
undocumented immigrants who have resided in the country longer 
than five years, those who have been continually present two to 
five years, and those present for less than two years (or more 
specifically from January 7, 2004, the date of President Bush's 
speech calling for comprehensive immigration reform). Under 
these provisions, the illegal immigrant population residing in 
the U.S. for more than five years would be able to stay and 
work in the United States and must continue to work for an 
additional six years to be eligible for a green card. By 
contrast, those in the U.S. for less than five years but more 
than two years would be required to leave the United States and 
permitted to return quickly in a new temporary worker status. 
Finally, those illegal immigrants in the U.S. for less than two 
years would be required to return home and apply for entry 
through existing legal channels.
    On May 15, 2006, the Senate proceeded to consideration of 
S. 2611. 228 amendments were filed and 40 roll call votes held, 
with 27 amendments accepted. The Senate passed S. 2611 on a 62-
36 vote on May 25, 2006. To date, however, the Senate and House 
have been unable to resolve their legislative differences on 
immigration reform.

Post-Passage Hearings

    On April 3, 2006, the full Committee held a hearing titled 
``Immigration Litigation Reform'' to address proposals 
including (1) consolidating immigration appeals in the U.S. 
Court of Appeals for the Federal Circuit; (2) proposed reforms 
of administrative review of immigration cases; and (3) other 
provisions designed to improve civil and administrative 
immigration litigation.
    On April 25, 2006, the full Committee held a hearing titled 
``Immigration: Economic Impacts,'' where Professor Richard 
Freeman of Harvard University commented on the relationship 
between immigration and globalization: ``[Immigration] is 
intimately connected to increased trade, free mobility of 
capital, and transmission of knowledge across national lines . 
. . the immigrant may bring capital, particularly human 
capital, with them, so that both capital and labor move 
together.'' The net conclusion of the scholars who testified 
was that there would not be a significant loss of American jobs 
due to comprehensive immigration reform--something that had 
been a concern of both parties.
    On June 19, 2006, the Immigration Subcommittee held a 
hearing titled ``Immigration Enforcement at the Workplace: 
Learning from the Mistakes of 1986.'' Expert witnesses included 
Stewart Baker, Assistant Secretary for Policy at the Department 
of Homeland Security, who spoke about the problems of the 1986 
legislation and reiterated the Department's recommendations for 
a successful system. He explained that the Immigration Reform 
and Control Act of 1986 had created a market for fraudulent 
identification cards and social security numbers, because 
employers did not possess reliable means of verifying such 
identification. Baker testified that ``the federal government 
must be permitted to share data that can assist in determining 
if unauthorized individuals are gaming the system to work. The 
key repository of that data is the Social Security 
Administration. Every employer is required to obtain the Social 
Security number of every employee as part of the process of 
determining employment eligibility.'' Baker opined that 
employers currently have little obligation to verify an 
immigrant's status and the penalties for violating employment 
laws are minimal. He suggested that Congress establish a 
secure, nationwide, and mandatory verification program for 
employers to quickly and accurately verify the status of a 
prospective or current employee.
    On July 5, 2006, the Committee held a field hearing in 
Philadelphia, Pennsylvania titled ``Comprehensive Immigration 
Reform: Examining the Need for a Guest Worker Program.'' 
Chairman Specter and Senator Kennedy heard the testimony of New 
York City Mayor Michael Bloomberg, who discussed the impact 
immigrants have on New York. Mayor Bloomberg described 
immigration laws as ``fundamentally broken'' and estimated that 
immigrants make up nearly 40% of New York City's population. He 
predicted that the City's economy would crumble if these 
immigrants were deported. Mr. Dan Eichenlaub, a landscape 
contracting owner, reiterated the Mayor's point and testified 
``that there are not enough native-born, available American 
workers to fully staff and grow my business.'' Mayor Bloomberg 
and Mr. Eichenlaub echoed views similar to those of President 
Bush, who has made numerous speeches, including his annual 
State of the Union address, urging Congress to adopt a guest 
worker plan.
    In summary, the Comprehensive Immigration Reform Act was 
the product of 18 hearings, extensive Committee action, and 
four weeks on the Senate floor. Nevertheless, the Senate and 
House failed to resolve their differences on a reform package.

        IMMIGRATION PROVISIONS OF THE BUDGET RECONCILIATION ACT

    On October 20, 2005, the Committee considered the Budget 
Reconciliation legislation. The legislation sought to promote 
real deficit reduction through direct funding from application 
fees. Among other things, the legislation would require 
employers to pay additional fees in exchange for increased visa 
numbers. The plan, as amended through the committee process, 
would increase the number of employment-based green cards for 
foreign workers while exempting those workers' accompanying 
family members from the 140,000 visa cap, which in previous 
years accounted for more than half the employment-based visas 
issued. It also would recapture the ``unused'' professional 
visas already authorized in past fiscal years and would allow 
businesses to access up to 90,000 visas per year. The proposal 
aimed to reduce the immigrant processing backlog that otherwise 
would cause employers to face serious disruptions and delays 
regarding highly skilled workers who are certified to be in 
short supply. The motion to report the budget to the full 
Senate was passed by a vote of 14-2.
    On October 27, 2006, Senator Gregg introduced S. 1932, ``An 
original bill to provide for reconciliation pursuant to section 
202(a) of the concurrent resolution on the budget for fiscal 
year 2006.'' The language reported by the Judiciary Committee 
was included in S. 1932. The language, however, was removed in 
House-Senate negotiations and S. 1932 (without budget 
reconciliation language) became Public Law 109-171.

                     H.R. 1268, REAL ID ACT OF 2005

    Although H.R. 1268, the ``Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and 
Tsunami Relief,'' was not referred to the Judiciary Committee, 
the Committee's staff played an integral role in negotiating 
one component of the bill, the ``REAL ID Act of 2005.''
    The provisions of the REAL ID Act were first proposed in 
the House, where they were amended to H.R. 1268. The Act 
granted the Secretary of Homeland Security additional tools to 
prevent terrorists from entering our country and remove those 
that may have already entered illegally. If the Secretary 
determines that the alien is a representative of an 
organization that engages in or espouses terrorist activity, is 
a member of a designated terrorist organization or organization 
that engages in terrorism, has persuaded others to commit acts 
of terror, or has received military training from or a 
terrorist organization, the Secretary may deny the alien 
admission or begin removal proceedings. The provisions also 
sought to limit identity fraud by prohibiting federal agencies 
from accepting State issued driver's licenses or identification 
cards unless such documents meet minimum security requirements. 
Additionally, the REAL ID Act opened our borders to more 
immigrants seeking refuge from hostile governments, repealing a 
provision of federal law that placed caps on how many 
immigrants could seek asylum on the grounds that they were 
subject to forced abortions or other coercive population-
control methods.
    After the House attached these provisions to H.R. 1268, 
staff for Chairman Specter successfully negotiated with their 
House counterparts to moderate several provisions that 
threatened to jeopardize Senate support. For example, the House 
sought to grant the Secretary of Homeland Security unreviewable 
power to waive all legal requirements as needed in order to 
ensure that certain border barriers, such as the San Diego 
border fence, are constructed expeditiously. Chairman Specter's 
staff negotiated a provision allowing judicial review of 
constitutional claims, such as claims by property owners that 
the government had seized their land in violation of the Fifth 
Amendment.
    The negotiations resulted in final, compromise language 
that was included in H.R. 1268, which was signed into law on 
May 11, 2005 (PL 109-13).

        S. 119, UNACCOMPANIED ALIEN CHILD PROTECTION ACT OF 2005

    On January 24, 2005, Senator Feinstein introduced S. 119, 
the ``Unaccompanied Alien Child Protection Act of 2005'' to 
reform the federal government's treatment of unaccompanied 
alien children apprehended by federal immigration officials. 
The bill was considered at a Committee executive session, where 
Senator Coburn offered an amendment to modify the bill to 
include language that would state that the United States is not 
required ``to pay for or provide'' counsel. The committee 
adopted the amendment by a voice vote after Senator Feinstein 
persuaded Senator Coburn to strike the words ``or provide'' 
from his amendment.
    The Judiciary Committee approved the bill by voice vote and 
sent the measure to the full Senate on April 14, 2005. S. 119 
passed the Senate by unanimous consent on December 22, 2006, 
and was sent to the House of Representatives which took no 
further action.

S. 188, STATE CRIMINAL ALIEN ASSISTANCE PROGRAM REAUTHORIZATION ACT OF 
                                  2005

    On January 26, 2005, Senator Feinstein introduced S. 188, 
the ``State Criminal Alien Assistance Program Reauthorization 
Act of 2005.'' The legislation would authorize monies for the 
State Criminal Alien Assistance Program. Funding has been 
appropriated by Congress annually since 1995, and the program 
is administered by the Office of Justice Programs' Bureau of 
Justice Assistance at the Department of Justice.
    The Committee approved S. 188 by a voice vote and sent to 
the full Senate on March 17, 2005. The Senate passed S. 188 by 
unanimous consent on May 23, 2005. The House of 
Representatives, however, took no action on this legislation.

                      S. 3821, COMPETE ACT OF 2006

    On August 3, 2006, Senator Susan Collins introduced S. 
3821, ``Creating Opportunities for Minor League Professionals, 
Entertainers, and Teams through Legal Entry Act of 2006, 
COMPETE Act.'' This legislation permits minor league athletes 
and other qualified individuals to apply for a P-1 visa 
(currently only available to major league athletes and other 
qualified entertainers).
    On December 6, 2006, the COMPETE Act (modified by Senator 
Collins) was discharged from the Judiciary Committee and passed 
the full Senate by unanimous consent. Three days later, on 
December 9, 2006, the House of Representatives passed S. 3821 
by voice vote, sending it to the President to sign into law. On 
Friday, December 15, 2006, the White House received S. 3821 and 
the bill now awaits President Bush's signature.

 H.R. 1285, NURSING RELIEF FOR DISADVANTAGED AREAS REAUTHORIZATION ACT 
                                OF 2005

    Representatives Bobby Rush and Henry Hyde introduced H.R. 
1285, the ``Nursing Relief for Disadvantaged Areas 
Reauthorization Act of 2005.'' H.R. 1285 amends the Nursing 
Relief for Disadvantaged Areas Act of 1999 to reauthorize and 
extend for three years the H-1C visa program providing 
nonimmigrant nurses in health professional shortage areas. The 
measure passed the House by a voice vote on June 20, 2006 and 
was referred to the Judiciary Committee. The legislation was 
discharged from committee and subsequently passed the Senate by 
unanimous consent on December 6, 2006. H.R. 1285 was presented 
to the President for signature on December 11, 2006.

     S. 2425, REAUTHORIZATION OF THE CONRAD 30 VISA WAIVER PROGRAM

    On March 15, 2006, Senator Kent Conrad and Senator 
Brownback introduced S. 2425, a proposal to permanently 
reauthorize the Conrad 30 visa waiver program. The program 
waives the foreign country residence requirement for certain 
international medical graduates who have completed their 
training in the United States. Under the program, these 
graduates may remain in the United States without first 
returning home if they agree to spend three years providing 
medical care to rural areas experiencing a shortage of doctors.
    The House of Representatives passed a companion bill, H.R. 
4997, ``Physicians for Underserved Areas Act'' (which modified 
the original bill and only extended the visa waiver program for 
2 years) on December 6, 2006. The bill passed by unanimous 
consent (without amendment) on December 9, 2006 and was sent to 
the President for signature.

D. CONSTITUTIONAL LAW

  S. 2703, THE FANNIE LOU HAMER, ROSA PARKS, CORETTA SCOTT KING, AND 
CESAR E. CHAVEZ VOTING RIGHTS ACT REAUTHORIZATION AND AMENDMENTS ACT OF 
                                  2006

    Congress enacted the Voting Rights Act of 1965 to remedy 
pervasive racial discrimination in voting, which resulted in 
the almost complete disenfranchisement of minority citizens in 
certain areas of the country. The Act created permanent, 
nationwide protection for every American citizen, protections 
that remain vital to voters today. It also created certain 
temporary provisions, which were reauthorized and expanded in 
1970, 1975, 1982, and (with respect to language assistance) 
1992.
    Prior to the enactment of the Voting Rights Act, African-
Americans and other minorities were prevented from exercising 
their constitutional rights through violence, intimidation, and 
systematic and deliberate State action. Through the enactment 
of the Voting Rights Act of 1965, Congress sought to end that 
discrimination.
    The Act had a concrete impact on America's political 
landscape. The covered jurisdictions that once sponsored 
violence against minority voters now elect substantial numbers 
of minorities to elected office. In Georgia, for example, the 
voting age population is 27.2% African-American, and African-
Americans comprise 30.7% of its delegation to the U.S. House of 
Representatives and 26.5% of the officials elected statewide. 
U.S. Census Bureau Report on 2004 Election; The Bullock-Gaddie 
Voting Rights Studies: An Analysis of Section 5 of the Voting 
Rights Act (2006). Black candidates in Mississippi have 
achieved similar success. The State's voting age population is 
34.1% African-American, and 29.5% of its representatives in the 
State House and 25% of its delegation to the U.S. House of 
Representatives is African-American. Id.
    In light of these significant gains, the Voting Rights Act 
is rightly lauded as the crown jewel of our civil rights laws. 
The Act has enabled racial minorities to participate fully in 
the political life of the nation. Even with this important 
progress, however, Congress recognized the need to secure 
minority voters' hard-won rights. The work of achieving full 
and equal access to the ballot box remains unfinished business. 
With an often painful history in mind, on July 19, 2006, the 
Senate Judiciary Committee voted unanimously to report S. 2703, 
the ``Fannie Lou Hamer, Rosa Parks, Coretta Scott King, and 
Cesar E. Chavez Voting Rights Act Reauthorization and 
Amendments Act.'' S. 2703 extended for twenty-five years 
certain provisions of the Voting Rights Act of 1965 that are 
set to expire in 2007, and it amended several provisions of the 
Act to ensure that it can continue to serve its historic 
purpose.
    In addition to renewing most of the expiring provisions of 
the Voting Rights Act, S. 2703 updates certain sections to more 
efficiently and effectively deal with discrimination in voting. 
For example, Section 3 eliminates the provisions for federal 
election examiners, who, in the past, were used to ensure that 
voters were not excluded from voter registration lists. These 
examiners had not been used for that purpose in over 20 years. 
Section 3 also eliminates the provisions for terminating 
federal examiner certifications.
    In addition, Section 3 alters one of the standards for 
certifying jurisdictions for federal observer coverage. Prior 
to the Voting Rights Act's reauthorization, the Attorney 
General could appoint federal observers to monitor polling 
places in covered jurisdictions if the Attorney General had 
received written complaints from at least twenty residents who 
have been denied the right to vote by the government. Section 3 
amends the Voting Rights Act to allow the Attorney General to 
do so provided that at least two ``residents, elected 
officials, or civic participation organizations'' have 
complained in writing that voting rights violations ``are 
likely to occur.''
    Section 4 of the reauthorized Act grants a 25-year renewal 
of the coverage formula stated in section 4 of the Voting 
Rights Act of 1965. It also requires Congress to reconsider 
these provisions in 15 years.
    Section 5 responds, in part, to two Supreme Court decisions 
that interpreted the criteria for preclearance of voting 
changes under section 5 of the Voting Rights Act of 1965: Reno 
v. Bossier Parish School Board, 528 U.S. 320 (2000) (Bossier 
Parish II), and Georgia v. Ashcroft, 539 U.S. 461 (2003).
    Section 6 amends the Voting Rights Act of 1965 to allow 
certain prevailing plaintiffs to collect reasonable expert 
fees, and other reasonable litigation expenses. Section 7 
extends the requirements of section 203 of the VRA, which forms 
the basis for protecting language minority voters, through 
2032. Finally, Section 8 allows use of American Community 
Survey census data under the Act.
    The Committee sought to create a full and complete 
legislative record to support this update and 25-year renewal. 
To that end, the full Committee and the Subcommittee on the 
Constitution, Civil Rights and Property Rights held a combined 
total of ten hearings over the course of four months and heard 
from more than forty witnesses, including scholars, civil 
rights advocates, as well as current and former government 
officials.
    On July 19, 2006, the Committee held a markup to consider 
the bill S. 2703. Ranking Member Leahy offered a technical 
amendment to expand the short title of the bill, S. 2703, to 
include the name of Cesar E. Chavez. The technical amendment 
was agreed to by voice vote. An amendment was offered by Dr. 
Coburn to provide that persons who state that they speak 
English ``well'' in response to the Census Bureau's inquiry 
would not be considered limited-English proficient under 
section 203(b)(3) of the Voting Rights Act. The amendment was 
defeated by voice vote. The motion to report favorably the 
bill, S. 2703, was agreed by a roll call vote of 18-0.
    On July 20, 2006, the House passed H.R. 9, identical in 
language to S. 2703, was passed by the Senate by a vote of 98-
0. On July 26, 2006, Chairman Specter filed a written report on 
the bill, Report No. 109-295. Other Members of the Committee 
also submitted additional views. President Bush signed H.R. 9 
into law on July 27, 2006 (PL 109-246).

               S.J. RES. 1, MARRIAGE PROTECTION AMENDMENT

    On May 18, 2006, the Committee reported S.J. Res. 1, a 
proposal to amend the U.S. Constitution to define marriage as 
the union of one man and one woman. The resolution further 
provided that neither the federal constitution nor the 
constitution of any state should be construed to require that 
same-sex couples be granted a right to marry.
    Federal law provides statutory protection for traditional 
marriage in the Defense of Marriage Act, which was signed into 
law by President Clinton on September 21, 1996. The Defense of 
Marriage Act provides that (1) in interpreting Acts of 
Congress, federal courts should interpret ``marriage'' to 
include only a union between a man and a woman, and (2) no 
state shall be required to give effect to any law or judicial 
proceeding of any other state defining marriage to include 
persons of the same sex. The Act, however, does not prevent a 
state or federal court from mandating that a State recognize 
same-sex marriage on constitutional grounds.
    The push for a federal constitutional amendment defining 
marriage as the union of one man and one woman was spurred in 
large part by the decision of the Supreme Judicial Court of 
Massachusetts in Goodridge v. Department of Public Health, 798 
N.E.2d 941 (Mass. 2003). The Massachusetts high court ruled 
that the state constitution's guarantee of equal protection 
required that same-sex couples be allowed to marry. In response 
to the Goodridge decision and other legal challenges to state 
marriage laws, 19 states have passed constitutional amendments 
defining marriage only as the union of a man and a woman, and 
another 26 states have enacted statutory protections.
    The Committee held a markup on May 18 and approved S.J. 
Res. 1 by a vote of 10-8. Senator Brownback and Senator Wayne 
Allard managed the floor debate in favor of the amendment. 
Proponents raised concerns that federal and state courts would 
invalidate statutory marriage protections or protections found 
in state constitutions, ruling that they violated state 
constitutions or the federal constitution. Opponents put forth 
a range of arguments. Some believed that federal constitutional 
protection was premature, and that Congress should allow the 
issue to make its way through the federal court system before 
amending the Constitution. Others believed that the amendment 
would constitute unfair treatment and discrimination against 
homosexual citizens.
    On June 7, 2006, by a 49-48 vote, cloture on the motion to 
proceed to S.J. Res. 1 was not invoked.

                S.J. RES. 12, FLAG DESECRATION AMENDMENT

    On June 20, 2006, the Committee reported S.J. Res. 12, 
which sought to amend the U.S. Constitution to allow Congress 
to prohibit the physical desecration of the American flag.
    The amendment sought to restore to Congress the power it 
held prior to the Supreme Court's decisions in Texas v. Johnson 
and United States v. Eichman. In Texas v. Johnson, the Court 
held that a Texas state statute prohibiting defilement of the 
U.S. flag violated the First Amendment's guarantee of freedom 
of speech. In response to this decision, Congress passed the 
Flag Protection Act of 1989, which made it a crime to knowingly 
mutilate, deface, physically defile, burn, keep on the ground 
or floor, or trample upon the United States flag. However, the 
following year, the Court struck down this statutory solution 
in United States v. Eichman. As a result of these two Supreme 
Court decisions, Congress may not offer protection for the 
American flag except through a new constitutional grant of 
power. S.J. Res. 12 sought to give Congress this power.
    The Committee held a markup on June 15 and approved S.J. 
Res. 12 by a vote of 11-7.
    Chairman Specter and Senator Hatch led floor debate for 
proponents of S.J. Res. 12, while Ranking Member Leahy led 
debate for the measure's opponents. Proponents emphasized the 
flag's special status as a symbol of America and likened 
desecration of the flag to the defacing of national buildings 
and monuments. They noted that our nation consistently offered 
protection for the U.S. flag, ending only after the Johnson and 
Eichman decisions in 1989 and 1990. Proponents also explained 
that the proposed amendment did not itself limit expressive 
conduct in any way; rather, the amendment would have restored 
to Congress the power it possessed to protect the American 
flag.
    Opponents of the amendment asserted that the amendment 
would rewrite the First Amendment to allow Congress to prohibit 
one unpopular form of speech. They argued that the Constitution 
itself is more worthy of protection than the flag, and stated 
that the proposed amendment was an affront to the freedoms the 
Bill of Rights provides. Some also raised concerns that the 
term ``desecration'' was vague, and that it did not define with 
sufficient clarity those actions Congress could prohibit.
    Senator Durbin proposed a substitute resolution on the 
Senate floor. The substitute proposed statutory flag protection 
in lieu of a constitutional amendment. The Durbin substitute 
was defeated on June 27, 2006 in a 36-64 vote. The flag 
protection amendment, S.J. Res. 12, was defeated on June 27, 
2006, by a vote of 66-34, one vote short of passage.

             S. 2831, FREE FLOW OF INFORMATION ACT OF 2006

    During the 109th Congress, the headlines included several 
high profile cases of federal prosecutors subpoenaing 
journalists threatening them with imprisonment unless they 
disclosed confidential sources. Indeed, the cases of New York 
Times reporter Judith Miller and Time Magazine reporter Matthew 
Cooper were to extend for years. In response to First Amendment 
concerns, on February 9, 2005, Senator Richard Lugar introduced 
S. 340, the ``Free Flow of Information Act of 2005,'' which 
gained the support of a bipartisan group of ten Senators.
    The bill would establish a federal journalists' privilege 
to protect the free flow of information between journalists and 
confidential sources. The bill sought to reconcile reporters' 
need to maintain confidentiality, in order to ensure that 
sources will speak openly and freely, with the public's right 
to effective law enforcement and fair trials. Additionally, the 
bill sought to create a clear, uniform rule for deciding claims 
of journalist privilege, instead of the varying standards the 
federal courts currently apply. Indeed, the different circuits 
currently observe at least three different standards.
    With respect to federal criminal cases, five circuits--the 
First, Fourth, Fifth, Sixth, and Seventh Circuits--do not 
shield journalists unless the governmental has acted in bad 
faith. Four other circuits--the Second, Third, Ninth, and 
Eleventh Circuits--recognize a qualified privilege, which 
requires courts to balance the freedom of the press against the 
obligation to provide testimony on a case-by-case basis. The 
law in the District of Columbia Circuit is unsettled.
    With respect to federal civil cases, nine of the twelve 
circuits apply a balancing test when deciding whether 
journalists must disclose confidential sources. One circuit 
affords journalists no privilege in any context. Two other 
circuits have yet to decide whether journalists have any 
privilege in civil cases.
    Meanwhile, 49 states plus the District of Columbia have 
recognized a privilege within their own jurisdictions. Thirty-
one states plus the District of Columbia have passed some form 
of reporter's shield statute, and 18 states have recognized a 
privilege at common law.
    The Committee held four hearings to investigate how best to 
balance the needs of journalists and law enforcement. On July 
20, 2005, the Committee heard from Senator Lugar; Senator 
Christopher Dodd; Representative Mike Pence; Matthew Cooper, 
White House Correspondent for Time Magazine Inc.; Norman 
Pearlstine, Editor-in-Chief for Time Inc.; William Safire, 
political columnist for the New York Times Company; Floyd 
Abrams, partner at Cahill, Gordon & Reindel LLP; Lee Levine, of 
Levine, Sullivan, Koch & Schulz, LLP; and Professor Geoffrey 
Stone, Harry Kalven, Jr. Distinguished Service Professor of Law 
at the University of Chicago Law School.
    On October 19, 2005, the Committee held a hearing that 
included Chuck Rosenberg, United States Attorney for the 
Southern District of Texas, testifying on behalf of the United 
States Department of Justice; Judith Miller, Investigative 
Reporter and Senior Writer for The New York Times; David 
Westin, President of ABC News; Joseph E. diGenova, founding 
partner of diGenova & Toensing LLP; Anne Gordon, Managing 
Editor of the Philadelphia Inquirer; Dale Davenport, Editorial 
Page Editor for The Patriot-News of Harrisburg, Pennsylvania; 
and Steven D. Clymer, Professor of Law at Cornell Law School.
    Prompted by concerns raised at these hearings and expressed 
by Committee Members, the Department of Justice, numerous news 
organizations, and concerned groups such as the Chamber of 
Commerce, Chairman Specter led a series or negotiations to 
forge a compromise bill that would garner wider support. After 
several months, the result was S. 2831, the ``Free Flow of 
Information Act of 2006,'' introduced by Senator Richard Lugar 
and Chairman Specter and co-sponsored by a bipartisan group of 
nine Senators. The compromise bill clarified that journalists 
must disclose information in certain exigent circumstances--for 
example, when the information is needed to prevent a terror 
attack, to protect the national security, to prevent death or 
serious bodily harm, and to provide a criminal defendant with 
information needed to establish his or her innocence. At the 
same time, the bill would protect journalists from government 
harassment and intimidation. Indeed, S. 2831 was endorsed by 39 
news organizations, including the Washington Post, the Hearst 
Corporation, Time Warner, ABC Inc., CBS, CNN, the New York 
Times Company, and National Public Radio.
    On September 20, 2006, the Committee held a hearing to 
evaluate S. 2831 and its potential effects on criminal 
investigations, criminal prosecutions, and national security. 
Witnesses included the Honorable Paul J. McNulty, Deputy 
Attorney General of the United States; Steven D. Clymer, 
Professor at Cornell Law School; Theodore B. Olson, former 
Solicitor General of the United States and a partner at Gibson, 
Dunn & Crutcher LLP; Victor E. Schwartz, partner at Shook, 
Hardy & Bacon LLP; and Bruce A. Baird, partner at Covington & 
Burling LLP.
    No further action was taken by the Committee or the full 
Senate.

          S. 3731, PRESIDENTIAL SIGNING STATEMENTS ACT OF 2006

    Since the presidency of James Monroe, Presidents have 
issued signing statements for such generally uncontroversial 
purposes as explaining to the public the likely effect of a 
law, instructing executive branch officials on how to 
administer a law, and declining to execute a statute in a 
manner the President deems unconstitutional. During the 109th 
Congress, debate arose over two types of signing statements: 
signing statements that challenged what the President believes 
to be an unconstitutional encroachment on his power and signing 
statements that attempted to create legislative history for 
courts to use in interpreting statutes.
    On June 27, 2006, the Committee held a hearing to explore 
the separation of powers issues surrounding presidential 
signing statements. The Committee received testimony from the 
Justice Department's Office of Legal Counsel, as well as four 
renowned academics. Critics asserted that President Bush had 
broken with tradition by issuing signing statements intended to 
expand Presidential authority at the expense of Congress. They 
pointed to the signing statements accompanying the USA PATRIOT 
Act Additional Reauthorizing Amendments Act of 2006 and Senator 
McCain's ``anti-torture amendment'' to the Department of 
Defense, Emergency Supplemental Appropriations to Address 
Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act of 
2006. Other witnesses, however, argued that President Bush was 
rightfully challenging unconstitutional encroachments on his 
power, a course followed by Presidents Jackson, Tyler, Lincoln, 
Andrew Johnson, Wilson, Franklin Roosevelt, Truman, Eisenhower, 
Lyndon Johnson, Nixon, Ford, and Carter. Critics also argued 
that courts act improperly when treating signing statements as 
a form of ``legislative history'' relevant to construing an Act 
of Congress. Supporters pointed out that examples of federal 
courts using signing statements as evidence of legislative 
intent date back to at least 1946.
    On July 26, 2006, Chairman Specter introduced S. 3731, the 
``Presidential Signing Statements Act of 2006.'' The bill would 
instruct courts not to rely on presidential signing statements 
in construing an Act of Congress. The bill would permit 
Congress to seek a declaratory judgment on the legality of a 
presidential signing statement. Additionally, the bill would 
grant Congress the power to submit argument to the Supreme 
Court in any case where the construction or constitutionality 
of any Act of Congress is in question and a presidential 
signing statement for that Act was issued.
    No further action was taken on the bill in the 109th 
Congress.

    S. 1313, THE PROTECTION OF HOMES, SMALL BUSINESSES, AND PRIVATE 
                          PROPERTY ACT OF 2005

    On June 23, 2005, the Supreme Court issued its decision in 
Kelo v. City of New London, ruling that the Constitution 
allowed the City of New London, Connecticut to seize the home 
of school teacher Suzette Kelo and transfer it to the Pfizer 
Corporation to build a research facility and parking lot. The 
Court held that taking land from one private owner and 
transferring it to a private corporation for its own, private 
use constituted a ``public use'' of the land, because the 
transfer would promote ``economic development'' and increase 
tax revenues for the City of New London.
    Critics contended that Kelo was a radical departure from 
prior eminent domain decisions. In the past, the Supreme Court 
had interpreted ``public use'' to include use by common 
carriers such as railroads or public utilities; publicly owned 
real property such as highways and parks; and elimination of 
blight conditions that endanger public health and welfare. 
Justice O'Conner pointed out in her dissent that the Court's 
decision to broaden the definition of ``public use'' meant that 
now, ``[t]he specter of condemnation hangs over all property. 
Nothing is to prevent the State from replacing any Motel 6 with 
a Ritz-Carlton, any home with a shopping mall, or any farm with 
a factory.''
    On June 27, 2005, Senator Cornyn introduced S. 1313, the 
``Protection of Homes, Small Businesses, and Private Property 
Act of 2005,'' with Committee cosponsors Senators Coburn and 
Kyl. The bill would limit the power of eminent domain to public 
uses, which would not be construed to include economic 
development. The bill would apply to all exercises of eminent 
domain by the federal government and those exercises of eminent 
domain by state and local governments that used federal funds.
    The Committee held a hearing on September 20, 2005 to 
explore the effects of the Kelo ruling and to consider whether 
Congress should address the decision. With Suzette Kelo 
testifying, the hearing highlighted the importance of two 
competing interests. On the one hand, citizens must not be 
forced to live in fear that they will be compelled to surrender 
their homes if a potentially more wealthy or more powerful user 
comes along. On the other hand, the citizenry must recognize 
that the use of eminent domain has benefited our country, 
making way for highways, bridges, roads, and eliminating blight 
conditions.
    Staff for Chairman Specter spent several months meeting 
with staff for other Senators, city officials, and concerned 
citizens. The result was draft legislation that would allow 
eminent domain for the uses recognized by the Supreme Court 
prior to the Kelo decision, including: (1) use by the general 
public with full government ownership; (2) use by government 
employees for official government business; (3) use for common-
carrier functions that serve the general public and are subject 
to regulation and oversight by the government, such as mass 
transit, railroad, seaport, or highway projects; (4) use for 
arenas or stadiums that serve the general public; (5) use for 
public utility functions, such as generation, transmission, or 
distribution of electric energy, and provision of 
telecommunications, water, and wastewater services; and (6) 
alleviating blight conditions that are dangerous to public 
health or safety. In addition, the bill would create a private 
cause of action in the federal courts.
    No further action was taken on the proposals by Senator 
Cornyn and Chairman Specter during the 109th Congress
    On September 7, 2006, Senator Inhofe introduced S. 3873, 
the Private Property Rights Protection Act of 2006. S. 3873 is 
identical to H.R. 4128, the Private Property Rights Protection 
Act of 2005, which passed the House on November 3, 2005.
    The full Senate did not act on any of these measures.

                S. 403, THE CHILD CUSTODY PROTECTION ACT

    In January and February 2005, Senator John Ensign 
introduced three identical versions of the Child Custody 
Protection Act. The bills sought to address the concern that 
some adults were helping children evade state laws requiring a 
child to obtain a parent's consent or notification before 
having an abortion. Specifically, reports surfaced that adults 
had transported minor girls from states with parental consent 
or notification laws to states that lack such provisions. The 
bills were cosponsored by 40 Republican Senators and one 
Democratic Senator, Senator Ben Nelson of Nebraska. Two of the 
bills, S. 8 and S. 396, were referred to the Judiciary 
Committee; the third, S. 403, was placed on the calendar under 
Senate Rule XIV.
    The full Committee held a hearing on an identical bill 
during the 108th Congress on June 3, 2004. At the hearing, the 
Committee heard testimony from Teresa Stanton Collett, 
Professor of Law at the University of Saint Thomas School of 
Law; Senator Ensign, sponsor of the bills; Joyce Farley, mother 
of a twelve-year old daughter who was transported across state 
lines, without parental consent, for an abortion; John C. 
Harrison, Professor of Law at the University of Virginia School 
of Law; Crystal Lane, who at age 13 was transported across 
state lines for an abortion; The Rev. Dr. Katherine Hancock 
Ragsdale, on behalf of NARAL and the Religious Coalition for 
Reproductive Choice; and Peter J. Rubin, Professor of Law at 
Georgetown University School of Law. The hearing focused on the 
experience of girls who face unplanned pregnancies in states 
with parental consent or notification laws; the problems that 
can arise when parents lack information about their daughters' 
medical care; and whether or not the bills were constitutional.
    The bills would prevent parties from circumventing state 
parental-notification laws by making it a crime, punishable by 
up to one year's imprisonment and/or fine to ``knowingly'' 
transport a child outside her home state ``with the intent'' 
that the child obtain an abortion that would have abridged a 
parental notification law in the child's home state. They 
included an exception if the abortion was necessary to save the 
minor's life and clarified that lawsuits could not be brought 
against the pregnant minor or a parent of the pregnant minor.
    During consideration of S. 403 by the Senate, two 
amendments were offered on the floor. Senator Frank Lautenberg 
offered an amendment to authorize grants to local schools, 
public health authorities, and private non-profit groups for 
the purpose of providing federal sex education programs to 
children. Under the amendment, no grants could go to groups 
that teach only abstinence, and all grant recipients would be 
required to teach children about ``all contraceptives.'' The 
amendment was defeated by a vote of 48-51. Senator Barbara 
Boxer offered an amendment to create an exception to the Act 
for pregnancy caused by incest, which was approved by a vote of 
98-0.
    The Child Custody Protection Act passed the Senate, by a 
vote of 65-34, and the bill was submitted to the House.
    The House amended the bill to add parental notification 
requirements on physicians in non-parental consent and non-
notification states. The amendment would require any physician 
in these states who performs an abortion on a minor girl to 
notify the girl's parents of the abortion within 24 hours, if 
the girl is a resident of a state other than the state where 
the abortion was performed. The amendment included exceptions 
where the girl's life or health is in danger, or where the girl 
has obtained permission for parental bypass in her home state. 
On September 26, 2006, the House passed the bill, as amended, 
by a vote of 264-153.
    On September 29, the Senate voted by a margin of 57-42 not 
to invoke cloture on the motion to concur to the House passed 
bill.

                  S. 394, OPEN GOVERNMENT ACT OF 2005

    On February 16, 2005, Senator Cornyn introduced S. 394, the 
OPEN Government Act. Cosponsors included two Republican 
Senators and three Democratic Senators. On March 15, 2005, the 
Subcommittee on Terrorism, Technology and Homeland Security 
held a hearing on the bill.
    This bipartisan bill sought to remedy government agencies' 
frequent failure to timely comply with Freedom of Information 
Act (``FOIA'') requests by increasing reporting requirements 
and creating incentives for timely compliance. The bill would 
require the Attorney General to report to Congress on any court 
order finding that an agency improperly withheld information 
and assessing attorneys' fees. It also would require each 
agency to submit to the Attorney General data on the agency's 
average time for responding to FOIA requests. The bill proposed 
several penalties for noncompliance with FOIA's deadlines. For 
example, if an agency failed to meet FOIA's deadlines, the 
government would lose the right to assert any privileges over 
the information unless (1) the government had good cause for 
the failure, (2) disclosure would endanger national security, 
(3) disclosure would reveal personal private information 
protected by FOIA (e.g., home phone numbers), or (4) disclosure 
is otherwise illegal. Additionally, the bill also proposed 
updating FOIA to grant bloggers and other non-traditional media 
outlets the same reduced fees for FOIA requests that are 
available to traditional media outlets. Finally, to reduce 
litigation over whether FOIA applies to certain information, 
the bill proposed that any future statute which intends to 
create an exception to FOIA must explicitly state this 
intention.
    On September 21, 2006, the Committee reported S. 394 by 
voice vote. Nor further action was taken on S. 394 in the 109th 
Congress.

E. ANTI-TERRORISM MEASURES

S. 1389 & H.R.3199, THE USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT 
                                OF 2005

    Following the terrorist attacks of September 11, 2001, the 
107th Congress passed the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism Act of 2001 (the ``USA PATRIOT Act'' or ``PATRIOT 
Act''). The PATRIOT Act amended the criminal code and the 
Foreign Intelligence Surveillance Act of 1978 (``FISA'') to 
enhance the ability of federal authorities to conduct criminal 
and intelligence investigations, promote information sharing, 
strengthen criminal punishments for acts of terrorism, and 
provide the tools needed to sever terrorists' access to sources 
of material support. Sixteen provisions of the original PATRIOT 
Act, however, were scheduled to expire or ``sunset'' on 
December 31, 2005, unless reauthorized by Congress.
    During the 107th and 108th Congresses, the Committee held 
more than a dozen hearings related to various provisions of the 
PATRIOT Act. At the start of the 109th Congress, the Committee 
focused especially on the provisions scheduled to sunset. These 
included section 206, governing multipoint FISA wiretaps, and 
section 215, the so- called ``library'' provision, governing 
FISA orders for business records or tangible things. The 
Committee also focused on some controversial provisions that 
were not scheduled to sunset, including sections governing the 
delayed notice of search warrants (section 213, the so-called 
``sneak and peak'' provision) and the use of National Security 
Letters (section 505).
    On April 5, 2005, the Committee held a hearing on 
``Oversight of the USA PATRIOT Act,'' and heard testimony from 
Attorney General Alberto Gonzales and FBI Director Robert S. 
Mueller, III. At the hearing, the Attorney General announced 
publicly, for the first time, that section 215 of the Act--the 
provision governing FISA orders for business records--had been 
used only 35 times, and had never been used to obtain library 
or bookstore records, medical records, or gun sale records. The 
Attorney General also expressed a willingness to support 
amendments to section 215 to clarify the right of a recipient 
of an order to consult with an attorney and challenge the order 
in court. Through testimony at the hearing and subsequent 
correspondence with the Department of Justice, the Committee 
also learned that the Department had used section 213 of the 
Act to request approximately 155 delayed-notice search 
warrants. The Department estimated this number to be ``less 
than one-fifth of 1 percent of all search warrants'' executed 
during the relevant time period.
    On April 12, 2005, the Committee held a closed session, 
during which the head of the Justice Department's Office of 
Intelligence Policy and Review, James Baker, and the FBI's 
General Counsel, Valerie Caproni, testified about 
implementation of the PATRIOT Act. While the details of the 
session were classified, the witnesses testified that several 
of the foreign intelligence authorities granted by the PATRIOT 
Act had been used to target international terrorists.
    On May 10, 2005, the Committee held another hearing to 
elicit the opinions of scholars and critics of the PATRIOT Act, 
including the testimony of Senator Larry Craig and Senator 
Durbin, the principal cosponsors of the ``Security and Freedom 
Enhancement Act of 2005'' (the ``SAFE Act'').
    On July 13, 2005, Chairman Specter and Senators Kyl and 
Feinstein introduced S. 1389, the ``USA PATRIOT Improvement and 
Reauthorization Act of 2005,'' a bipartisan reauthorization 
bill to continue most of the PATRIOT Act's provisions, while 
adding new safeguards designed to protect civil liberties. The 
bill made 14 of the 16 provisions scheduled to sunset 
permanent, but extended the sunset for another four years for 
section 206 (multipoint FISA wiretaps) and section 215 (FISA 
business records). Additionally, for section 215 orders, the 
bill required the government to submit ``a statement of facts'' 
showing ``reasonable grounds to believe'' the records or other 
things sought are relevant to an authorized investigation. The 
bill also proposed an explicit right to consult counsel, and 
provided for judicial review. Further, the bill required 
approval of the FBI Director or Deputy Director for orders 
concerning library records and other sensitive materials. With 
respect to delayed-notice search warrants under section 213, 
the bill would require the issuing court to set a ``date 
certain'' for notice to be provided, eliminating the 
possibility of indefinite delays. The bill also would mandate 
that extensions be granted only ``upon an updated showing of 
the need for further delay,'' and limited such extensions to 90 
days each. The bill incorporated new public and Congressional 
reporting requirements for several PATRIOT Act authorities.
    In the days following the introduction of S. 1389, 
Committee Members and staff engaged in intensive, bipartisan 
negotiations about the substance of the bill. After several 
informal sessions, Chairman Specter presented a complete 
substitute bill at the Committee's Executive Business Meeting 
on July 21, 2005. The substitute was adopted by the Committee 
on a roll call vote of 18 to 0. As passed by the Committee, S. 
1398 included several new provisions to strengthen anti-
terrorism tools and enhance civil liberties protections.
    For example the bill proposed extending the duration of 
surveillance orders targeting foreign spies and terrorists and 
enhancing the efficiency of pen registers by allowing 
investigators to obtain contemporaneous subscriber information 
and related data (like the name and address of someone called 
by the investigative subject). Additionally, the bill 
eliminated the sunset on the material support provisions that 
had been included in the Intelligence Reform and Terrorism 
Prevention Act of 2004. The Department of Justice had testified 
that ``repealing the sunset on those amendments to the material 
support statutes contained in the Intelligence reform Act would 
represent a significant step forward, ending uncertainty in 
this area of the law and ensuring that prosecutors will not 
lose a critical tool.''
    The civil liberties protections in S. 1389, as reported by 
the Committee, included several changes to section 206 
(multipoint or ``roving'' FISA wiretaps), section 215 (FISA 
orders for business records), and section 213 (delayed-notice 
search warrants). For all multipoint or ``roving'' wiretaps, 
the bill would require the FBI to notify the court within 10 
days after beginning surveillance of any new phone, to include 
the ``facts and circumstances'' to believe the new phone is 
``being used, or is about to be used,'' by the target. For 
delayed notice, or ``sneak and peek'' search warrants, the bill 
would require notice of the search to be given within 7 days of 
its execution, unless the facts justified a later date. For 
section 215 orders, the bill would require applications for 
orders to include ``a statement of facts'' showing ``reasonable 
grounds to believe that the records or other things sought are 
relevant to an authorized investigation.'' The bill further 
defined ``relevant'' records as those that (1) pertain to a 
foreign power or an agent of a foreign power; (2) are relevant 
to the activities of a suspected agent of a foreign power; or 
(3) pertain to an individual in contact with, or known to, a 
suspected agent of a foreign power.
    While S. 1389 was being negotiated, other congressional 
actions were also being taken to reauthorize the PATRIOT Act. 
On June 16, 2005, the Senate Select Committee on Intelligence 
reported S. 1266, its own PATRIOT Act reauthorization bill. S. 
1266 differed from S. 1389 in several respects; most notably, 
it included a provision to permit the FBI to issue 
administrative subpoenas for information in counterterrorism 
and counterintelligence cases. In addition, on July 21, 2005, 
the House of Representatives passed H.R. 3199, the ``USA 
PATRIOT and Terrorism Prevention Reauthorization Act of 2005,'' 
by a vote of 257 to 171. Unlike S. 1389, which largely 
consisted of amendments to the original PATRIOT Act, H.R. 3199 
included several new anti-terrorism and criminal law 
provisions.
    On July 29, the Senate took up H.R. 3199 and substituted 
the text of S. 1389 as reported by the Judiciary Committee for 
the language passed by the House. As modified, the Senate 
passed H.R. 3199 by unanimous consent. Although the Senate 
appointed conferees upon passage of the bill, the House did not 
appoint its conferees until November 9, 2005.
    The conference report to accompany H.R. 3199 represented a 
compromise between the Senate and House bills. For example, the 
conference report included 7-year sunsets for section 206 and 
section 215--a compromise between the Senate bill's 4-year 
sunsets and the House bill's 10-year sunsets. Similarly, for 
delayed-notice search warrants, the conference report required 
notice to be given within 30 days--a compromise between the 
Senate's 7-day time limit and the 180 days permitted under the 
House bill. The conference report also retained the Senate 
bill's three-part relevance test for section 215 orders, but 
did so in the form of a legal presumption, rather than an 
absolute requirement.
    The House adopted the conference report by a vote of 251 to 
174 on December 14, 2004. But, on December 16, efforts to 
invoke cloture on the conference report in the Senate failed. 
These efforts were complicated by the revelation of the 
National Security Agency's Terrorist Surveillance Program, 
which first appeared in the New York Times on the same day as 
the cloture vote. Ultimately, after two temporary extensions of 
the PATRIOT Act, the Senate adopted the conference report for 
H.R. 3199 on March 2, 2006 by a vote of 89 to 10. At the same 
time, the Senate adopted a companion bill sponsored by Senator 
John Sununu, S. 2271 the ``USA PATRIOT Act Additional 
Reauthorizing Amendments Act of 2006.'' Among other things, S. 
2271 provided a mechanism for recipients of section 215 orders 
to challenge the accompanying ``gag'' order, and clarified that 
recipients of National Security Letters are not required to 
disclose the name of their attorneys to the FBI. On March 9, 
2005, President Bush signed both measures into law (PL 109-177 
and 109-178).

          S. 2453, NATIONAL SECURITY SURVEILLANCE ACT OF 2006

              S. 2455, TERRORIST SURVEILLANCE ACT OF 2006

    Following the attacks of September 11, 2001, the Executive 
branch took several actions and instituted programs to detect 
and prevent future terror attacks. Among these measures, 
President Bush signed a highly classified directive that 
authorized the national Security Agency to conduct an 
electronic surveillance program known as the Terrorist 
Surveillance Program. According to Administration officials, 
the program targets communications between terror suspects 
overseas and people inside the United States.
    On December 16, 2005, the New York Times revealed the 
existence of the program, sparking a national debate on the 
President's power to authorize the Terrorist Surveillance 
Program without congressional authorization. Critics argued 
that the President's directive violated the Foreign 
Intelligence Surveillance Act (FISA) and the Fourth Amendment. 
These critics emphasized that Congress has declared that FISA 
is the ``exclusive means'' by which foreign intelligence 
surveillance may be conducted. Supporters argued that the 
President has inherent power under Article II of the 
Constitution to conduct foreign intelligence surveillance that 
cannot be restricted by FISA. Moreover, these supporters 
argued, Congress had authorized the President to carry out 
programs such as the Terrorist Surveillance Program when it 
passed the Authorization for Use of Military Force in September 
2001.
    To consider these legal issues, the Committee held four 
hearings, in which it heard from a total of 21 witnesses, 
including the Attorney General, the Director of the CIA, the 
Director of the NSA, 5 former FISA judges, and numerous other 
government officials, law professors, and private attorneys.
    On February 6th Attorney General Alberto Gonzales testified 
before the Committee for the entire day about the Terrorist 
Surveillance Program. On February 28th the Committee held a 
hearing to investigate whether the President had the inherent 
constitutional authority to implement the Terrorist 
Surveillance Program, featuring a number of distinguished 
professors and practitioners as well as the Honorable James 
Woolsey, former director of the CIA. On March 28th the 
Committee held its third hearing, in which five former judges 
of the Foreign Intelligence Court of Review discussed the need 
for and feasibility of judicial review of the Terrorist 
Surveillance Program. On July 26th the Committee held a hearing 
explored the need to update FISA to reflect recent 
technological changes. Witnesses included the Director of the 
CIA, the Director of the NSA, and the Acting Assistant Attorney 
General for the Office of Legal Counsel.
    Meanwhile, on March 16, 2006, Chairman Specter introduced 
S. 2453, the ``National Security Surveillance Act of 2006.'' 
The bill sought to provide a mechanism for prior judicial 
approval of the Terrorist Surveillance Program and grant the 
Foreign Intelligence Surveillance Court jurisdiction to review 
the constitutionality of such programs. Additionally, the bill 
required the Executive branch to keep the Senate and House 
Intelligence Committees informed regarding electronic 
surveillance programs.
    That same day, Senator DeWine introduced S. 2455, the 
``Terrorist Surveillance Act of 2006,'' cosponsored by Senator 
Graham. S. 2455 would authorize the Terrorist Surveillance 
Program without judicial review, and would provide for enhanced 
congressional oversight of the program. In addition, S. 2455 
provided that once the Attorney General determined that the 
facts relating to any target within the United States satisfied 
the criteria for an individualized court order under FISA, he 
would be required to stop surveillance until he obtained such a 
court order.
    Subsequently, on May 24th, Chairman Specter and Senator 
Feinstein introduced S. 3001, the ``Foreign Intelligence 
Surveillance Improvement and Enhancement Act of 2006.'' S. 3001 
provided that no law shall be construed to repeal or modify 
FISA unless it expressly amends FISA. The bill required the 
President to brief each Member of the congressional 
intelligence committees on the Terrorist Surveillance Program 
and any other electronic surveillance programs conducted 
without an order from the Foreign Intelligence Surveillance 
Court. It also proposed updating FISA provisions concerning 
emergency electronic surveillance.
    Staff for Chairman Specter met with Executive branch and 
other interested groups over the course of several months to 
discuss legislation to address the Terrorist Surveillance 
Program. Proposals regarding the bill were considered and 
debated and the bill was revised and redrafted several times. 
The negotiations culminated in a meeting between Chairman 
Specter and President Bush in the Oval Office. During this 
meeting, the President agreed to submit the Terrorist 
Surveillance Program to the Foreign Intelligence Surveillance 
Court for a determination of the program's constitutionality, 
so long as the Senate also acted to modernize FISA. The result 
was a compromise, substitute version of S. 2453.
    S. 2453 was on the Committee's mark-up agenda continuously 
from April 6th through September 13, when the Committee adopted 
Chairman Specter's compromise, substitute amendment and 
reported it out on a 10-8, party-line vote. That day, the 
Committee also reported S. 2455 on a 10-8, party-line vote, and 
S. 3001 by a 10-8 vote.
    In the following weeks, Chairman Specter further revised S. 
2453 to incorporate additional civil liberty protections, such 
as language similar to the provision of S. 2455 requiring the 
Attorney General to seek individualized FISA orders when 
appropriate. On September 22, Senator Mitch McConnell 
introduced a revised version of the bill that incorporated 
these protections--S. 3931, the ``Terrorist Surveillance Act of 
2006.'' The bill was cosponsored by Chairman Specter, Majority 
Leader Frist, and Senator DeWine.
    On November 14, 2006, Chairman Specter introduced S. 4051, 
the ``Foreign Intelligence Surveillance Oversight and Resource 
Enhancement Act of 2006.'' Chairman Specter explained that 
changed circumstances warranted a changed approach: Now that 
numerous federal courts were considering challenges to the 
Terrorist Surveillance Program, Congress need not create a 
mechanism for judicial review. At the same time, Chairman 
Specter explained, the Nation needs a definitive answer as soon 
as possible. Accordingly, this bill would require the United 
States Supreme Court to provide expedited review of legal 
challenges to the Terrorist Surveillance Program. It would also 
increase congressional oversight of electronic surveillance 
programs and would grant additional resources to the Executive 
Branch to ensure prompt, efficient evaluation of surveillance 
requests. The bill would provide additional protections for 
civil liberties by ensuring that individualized FISA warrants 
will be sought for communications originating inside the United 
States. Finally, the bill would ensure that Executive Branch 
officials have sufficient flexibility by allowing the Executive 
Branch to conduct emergency surveillance for 7 days, instead of 
only 72 hours, and clarifying that foreign-to-foreign 
communications that are incidentally routed through the United 
States may be intercepted without a court order.
    The 109th Congress took no further action on S. 4051, S. 
3001, S. 2455, or S. 2453.

                ANIMAL ENTERPRISE TERRORISM ACT, S. 3880

    On September 8, 2006, Senator James Inhofe introduced the 
Animal Enterprise Terrorism Act. Committee cosponsors included 
Senators Brownback, Cornyn, DeWine, Hatch, Coburn and 
Feinstein. After introduction, Committee Members and staff 
worked with the bill's sponsors and the sponsors of companion 
legislation in the House of Representatives to craft a 
compromise version of the bill incorporating additional civil 
liberties protections. Following these negotiations, a 
substitute amendment (S.AMDT. 5115) was introduced by Senator 
Feinstein, supported by the original cosponsors. The Senate 
passed the substitute amendment on September 30, 2006 by 
unanimous consent. On suspension, the House of Representative 
passed the bill by voice vote on November 13, 2006. This bill 
responds to the growing threat of animal rights extremists who 
violently target, threaten, intimidate, and harass employees of 
medical research institutions and their families.
    The Animal Enterprise Terrorism Act revises title 18, 
United States Code, section 43. The Act requires prosecutors to 
prove a ``course of conduct'' (defined as two or more acts) 
including threats, acts of vandalism, property damage, criminal 
trespass, harassment, or intimidation, along with the intent to 
cause damage. Notably, the Act permits prosecutions against 
individuals who engage in secondary or ``tertiary'' targeting. 
Prior to the passage of this law, prosecutors were required to 
prove ``physical'' disruption of the actual animal enterprise. 
Armed with a knowledge of existing law, extremists have often 
avoided direct involvement with the animal enterprise and opted 
instead to attack secondary or ``tertiary targets''--such as 
employees, family members, and their private residences. The 
Act allows prosecutors to reach this conduct, yet it 
specifically excludes the prosecution of individuals for lawful 
activity protected under the First Amendment. The Act sets 
forth strong penalties for damage occurring to any person or 
property, but does not include mandatory minimum penalties or 
the death penalty.
    President Bush signed the Animal Enterprise Terrorism Act 
into law on Monday, November 27, 2006 (PL 109-374).

F. COURTS & THE JUDICIARY

        S. 2039, PROSECUTORS AND DEFENDERS INCENTIVE ACT OF 2005

    On November 17, 2005, Senator Durbin introduced S. 2039, 
the ``Prosecutors and Defenders Incentive Act of 2005,'' along 
with Chairman Specter, Ranking Member Leahy, and Senators 
Feingold, Biden, DeWine, Kennedy, Feinstein and Schumer. The 
legislation sought to make legal careers in public service as 
prosecutors or public defenders more financially viable and 
attractive to law school graduates by providing relief from 
student loan debt.
    The bill was closely modeled after the existing federal 
Executive branch student loan repayment program. Specifically, 
the bill would amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to direct the Attorney General to establish a 
program of student loan repayment for borrowers who agree to 
remain employed for at least three years as public attorneys, 
either as state or local criminal prosecutors or state, local, 
or federal public defenders in criminal cases. The bill would 
limit the amount of loans covered by the program to $10,000 for 
any borrower in any calendar year, or an aggregate total of 
$60,000 for any borrower. Borrowers involuntarily separated 
from employment due to misconduct or who voluntarily left 
employment before the required three-year period would be 
required to repay any benefits received.
    The Committee reported this measure by voice vote on May 
25, 2006, but no further action was taken by the full Senate.

   S. 2292, A BILL TO PROVIDE RELIEF FOR THE FEDERAL JUDICIARY FROM 
                         EXCESSIVE RENT CHARGES

    Chairman Specter introduced S. 2292, ``a bill to provide 
relief for the federal judiciary from excessive rent charges,'' 
on February 15, 2006. The measure was cosponsored by Ranking 
Member Leahy and Senators Biden, Feinstein, and Cornyn. The 
bill sought to require the General Services Administration 
(GSA) to charge courts only the actual costs incurred by GSA in 
connection with the Judiciary's use of federal buildings or 
GSA's leasing of space on the Judiciary's behalf. The bill 
would also require any costs incurred by GSA for repair and 
alteration projects performed on judicial branch accommodations 
to be recovered in a manner agreed upon by the Director of the 
Administrative Office of the U.S. Courts and the Administrator 
of GSA.
    The Judiciary paid $926 million to GSA in fiscal year 2005, 
but GSA's actual cost of providing space to the Judiciary was 
only $426 million. Unlike the other branches of the federal 
government, the Judiciary is required to pay a large portion of 
its budget as rent to another branch of government. The federal 
courts' rental payments to GSA increased from $133 million to 
$926 million between 1986 and 2005, contributing to a budget 
crisis in the Judiciary and resulting in the reduction of 
staff.
    On April 27, 2006, the Committee reported S. 2292 by voice 
vote. No further action was taken on the bill.

 S. 1845, CIRCUIT COURT OF APPEALS RESTRUCTURING AND MODERNIZATION ACT 
                                OF 2005

    On October 6, 2005, Senator John Ensign and Senator Kyl 
introduced S. 1845, the ``Circuit Court of Appeals 
Restructuring and Modernization Act of 2005.'' The bill would 
amend the federal judicial code to divide the Ninth Judicial 
Circuit into two circuits: a new Ninth Circuit composed of 
California, Guam, Hawaii, and the Northern Mariana Islands and 
a Twelfth Circuit, composed of Alaska, Arizona, Idaho, Montana, 
Nevada, Oregon, and Washington. It would require the President 
to appoint five additional circuit judges for the new Ninth 
Circuit and two temporary judges for the former Ninth Circuit 
to be stationed in California. The legislation sought to reduce 
the size of the disproportionately large Ninth Circuit, which 
encompasses 40% of the nation's land mass and 20% of its 
population. The Ninth Circuit is not only large by those 
metrics, but it also has 28 authorized judgeships--11 more than 
the next largest circuit--and has a pending caseload that is 
nearly double that of the next busiest circuit.
    On October 26, 2005, the Subcommittee on Administrative 
Oversight and the Courts, chaired by Senator Sessions, held a 
hearing titled, ``Revisiting Proposals to Split the Ninth 
Circuit: An Inevitable Solution to a Growing Problem.'' The 
Honorable Diarmuid F. O'Scannlain, U.S. Circuit Judge for the 
Ninth Circuit, testified that ``restructuring the circuit is 
the best way to cure the administrative ills affecting my 
court, an institution that has already exceeded reasonably 
manageable proportions.'' Judge O'Scannlain further opined, 
``Nine states, almost sixteen thousand annual case filings, 
forty-seven judges, and fifty-eight million people are too much 
for any non-discretionary appeals court to handle 
satisfactorily. The sheer magnitude of our court and its 
responsibilities negatively affects all aspects of our 
business, including our celerity, our consistency, our clarity, 
and even our collegiality. Simply put, the Ninth Circuit is too 
big. It is time now to take the prudent, well-established 
course and restructure this circuit. Restructuring large 
circuits is the natural evolution of judicial organization. 
Restructuring has worked in the past.''
    A second hearing on the subject was held on September 20, 
2006, titled ``Examining the Proposal to Restructure the Ninth 
Circuit.'' Rachel L. Brand, Assistant Attorney General for the 
Office of Legal Policy, reiterated the Justice Department's 
support for additional federal judgeships and the split of the 
Ninth Circuit. She noted that ``the Ninth Circuit's size has 
led to administrative difficulties that have adversely affected 
its ability to operate effectively. As of September 2005, the 
Ninth Circuit was the slowest circuit in resolving cases. 
Additionally, the Ninth Circuit had the most cases pending for 
more than three months and for more than six months in 
September 2005. This inefficiency impacts negatively on both 
the Department of Justice, as a frequent litigant in the Ninth 
Circuit, and other parties waiting for their cases to be 
resolved.''
    These hearings laid the groundwork for consideration of the 
Ninth Circuit's future, but no further action was taken on the 
legislation.

            S. 1968, COURT SECURITY IMPROVEMENT ACT OF 2005

    The murder of the family of U.S. District Judge Joan 
Lefkow, the shooting rampage at the Fulton County Courthouse in 
Atlanta, Georgia, and the courthouse shooting in Reno, Nevada 
have served as tragic reminders of the urgent need to protect 
members of the Judiciary. On May 18, 2005, Chairman Specter 
held a full Committee hearing titled ``Protecting the Judiciary 
at Home and in the Courthouse,'' which included powerful 
testimony by Judge Lefkow demonstrating the need to enhance 
court security. On November 7, 2005, Chairman Specter and 
Ranking Member Leahy introduced S. 1968, the ``Court Security 
Improvement Act of 2005.'' Other Committee cosponsors included 
Senators Cornyn and Durbin.
    S. 1968 would augment the current measures protecting the 
judiciary by extending the Judicial Conference's authority to 
redact sensitive and personal information from financial 
disclosure reports. The bill would also give members of the 
Judicial Conference a larger role in determining the security 
required for their protection. Moreover, the bill would create 
a new criminal offense for filing a false lien or encumbrance 
against the property of a federal judge or other federal 
official, and the legislation would criminalize knowingly 
making restricted personal information about a covered official 
publicly available with the intent that the information be used 
to commit, or threaten to commit, a crime of violence against 
that official or her family.
    On December 6, 2006, Chairman Specter offered and the 
Senate passed by unanimous consent an amendment in the nature 
of a substitute containing much of the substance of S. 1968. 
The House of Representatives, however, failed to act upon the 
substitute language before adjourning for the Congress.

              S. 489, FEDERAL CONSENT DECREE FAIRNESS ACT

    On March 1, 2005, Senator Lamar Alexander introduced S. 
489, the ``Federal Consent Decree Fairness Act.'' The bill 
would authorize State or local governments and related 
officials sued in their official capacity to file a motion to 
modify or vacate a consent decree upon the earlier of: (1) four 
years after the consent decree is originally entered; or (2) in 
the case of a civil action in which a State is a party or in 
which a local government is a party and the surrounding State 
is not a party, the expiration of the term of office of the 
highest elected State or local government official authorizing 
the consent decree. It would also place the burden of proof 
with respect to such motions on the party originally filing the 
action to demonstrate that continued enforcement is necessary 
to uphold a federal right.
    On July 19, 2005, the Subcommittee on Administrative 
Oversight and the Courts held a hearing titled, ``A Review of 
Federal Consent Decrees,'' at which Senator Sessions presided. 
Members heard testimony from expert witnesses, including 
Alabama Attorney General Troy King. Attorney General King 
testified in favor of S. 489, stating that the bill would 
``make it easier for state governments to end oppressive 
consent decrees, by taking the policy-making discretion away 
from federal judges and returning it to those who have been 
elected or appointed to make those decisions.''
    The Committee did not take further action on S. 489.

           S. 829, THE SUNSHINE IN THE COURTROOM ACT OF 2005

    On April 18, 2005, Senator Grassley introduced S. 829, the 
``Sunshine in the Courtroom Act of 2005.'' The bill was 
cosponsored by Chairman Specter, Ranking Member Leahy, and 
Committee Members Cornyn, DeWine, Graham, Schumer, Feingold, 
and Durbin. The bill would authorize any presiding judge of any 
district or appellate court of the United States (including the 
Supreme Court) to permit the photographing, electronic 
recording, broadcasting, or televising of court proceedings 
over which that judge presides. The bill also would require, in 
district courts, obscuring the faces and voices of witnesses 
(other than a party to the case) upon their request, and would 
require that the presiding district judge inform each witness 
of his right to request that his image and voice be obscured 
during testimony. S. 829 would also authorize the Judicial 
Conference of the United States to promulgate advisory 
guidelines to which a Presiding judge might refer in making 
decisions regarding the management and administration of 
photographing, recording, broadcasting, or televising 
proceedings. The authorization of electronic media in district 
courts would sunset three years after the bill's enactment.
    On September 26, 2005, Chairman Specter introduced S. 1768, 
``A Bill to Permit the Televising of Open Supreme Court 
Proceedings.'' The bill was cosponsored by Ranking Member Leahy 
and Committee Members Grassley, Cornyn, Durbin, Schumer, and 
Feingold. The bill states that the Supreme Court ``shall 
permit'' televising of all open sessions of the court, unless 
the court decides by a majority vote of Justices that such 
coverage in a particular case would violate the due process 
rights of one or more of the parties before the Court.
    On November 9, 2005, the full Committee held a hearing on 
S. 829 and S. 1768. Among those who testified at the hearing 
were scholars and representatives of C-SPAN, Court TV, the 
National Association of Criminal Defense Lawyers, and the 
Radio-Television News Directors Association. Two judges who 
participated in a three-year Judicial Conference pilot program 
on electronic media coverage of civil proceedings in selected 
federal courts also testified.
    The Committee considered S. 829 during its executive 
business meeting on March 30, 2006. Senator Sessions' amendment 
to exclude district courts from televising their proceedings 
was rejected by a vote of 9-7. The Committee reported S. 829 by 
a vote of 10-6, with two Senators voting ``pass.'' That same 
day, the Committee considered S. 1768 and voted 12-6 to report 
it out. The bills were placed on the Senate Legislative 
Calendar, but no further action was taken by the full Senate.

       S. 3734, MULTIDISTRICT LITIGATION RESTORATION ACT OF 2005

    On July 26, 2006, Senator Hatch introduced S. 3734, the 
``Multidistrict Litigation Restoration Act of 2005.'' The bill 
would amend the federal judicial code to allow a civil action 
transferred for coordinated or consolidated pretrial 
proceedings also to be transferred to the transferee or other 
district for trial purposes in the interest of justice and for 
the convenience of the parties and witnesses. It would require, 
however, that any such action transferred for trial purposes be 
remanded to the district court from which it was transferred 
for the determination of compensatory damages, unless the court 
determined that the same justification applied to retaining the 
action for a damages determination. S. 3724 would authorize the 
transferee court to retain actions transferred for the 
determination of liability and punitive damages when 
jurisdiction was or could have been based on the Multiparty, 
Multiforum Trial Jurisdiction Act of 2002. (The Multiparty, 
Multiforum Trial Jurisdiction Act of 2002 grants district 
courts original jurisdiction of any civil action involving 
minimal diversity between adverse parties that arises from a 
single accident, where at least 75 natural persons have died in 
the accident at a discrete location.)
    On June 29, 2006, the Subcommittee on Administrative 
Oversight and the Courts held a hearing to examine the 
legislation, which included testimony from Senior United States 
District Judge Wm. Terrell Hodges and United States District 
Judge Thomas W. Thrash, Jr., but no further action was taken on 
the legislation.
                         II. OVERSIGHT MATTERS

    The Committee pursued an active oversight agenda during 
both sessions of the 109th Congress, conducting investigations, 
holding hearings, and producing legislation and reports. 
Chairman Specter led oversight hearings on multiple topics, 
including: (1) youth violence and school violence; (2) 
detainees and military tribunals; (3) the operations of the 
Federal Bureau of Investigation (FBI) and the Department of 
Justice (DOJ); (4) the ``Able Danger'' scandal; (5) possible 
Saudi funding of Islamic fundamentalism within the U.S.; (6) 
the Foreign Intelligence Surveillance Act (FISA) and the 
Terrorist Surveillance Program; (7) hedge funds and the 
Securities and Exchange Commission (SEC); and (8) the exercise 
of market power by the National Football League. The 
Committee's oversight activities directly informed legislation 
on topics ranging from military tribunals to the 
reauthorization of the Department of Justice. The Committee 
also launched investigations of major league baseball and 
steroids, nuclear plant security, and Chinese espionage.

                      PREVENTION OF YOUTH VIOLENCE

    On June 13, 2005, the full Committee held a field hearing 
at the National Constitution Center in Philadelphia, 
Pennsylvania titled ``Prevention of Youth and Gang Violence.'' 
The hearing investigated the epidemic of youth and gang 
violence in the city and the nation. Although youth violence 
has decreased nationally in recent years, homicide is the 
second leading cause of death for people ages 15 to 24. Given 
the persistence of this problem, Chairman Specter stated that 
federally funded programs intended to curtail youth violence 
need to be reviewed to identify effective programs. Witness 
Sarah Hart, Director of the National Institute of Justice, 
testified that research indicates that boot camps, gun buyback 
programs, and group therapy are not effective. She opined that 
the most effective programs are city-specific ones where 
researchers work with practitioners to target local `hot 
spots.' Ms. Hart promoted the approach of Project Safe 
Neighborhoods, which focuses resources on the most crime ridden 
areas.
    At the hearing, Senator Feinstein discussed her bill to 
increase criminal penalties for gang members who recruit 
children. The Committee also heard testimony from Philadelphia 
Police Commissioner Sylvester Johnson and U.S. Attorney Patrick 
Meehan. Johnson said the police department would continue to 
work with community groups and other government agencies to 
find solutions. He noted that the city has developed a 
``Blueprint for a Safer Philadelphia'' to reduce crime in the 
city.

                    DETAINEES AND MILITARY TRIBUNALS

    On June 15, 2005, the Committee held a hearing to examine 
the procedural protections being afforded to detainees held at 
Guantanamo Bay, Cuba. Witnesses included Brigadier General 
Thomas Hemingway of the Department of Defense Office of 
Military Commissions; Rear Admiral James McGarrah, the Director 
of Administrative Review of the Detention of Enemy Combatants; 
Deputy Associate Attorney General Michael Wiggins; Inspector 
General of the Justice Department Glenn Fine; former Attorney 
General William Barr; and Lieutenant Commander Charles Swift, 
the lawyer for detainee Salid Hamdan.
    The government witnesses claimed that significant steps had 
been taken to protect the Guantanamo detainees' rights. For 
example, General Hemingway testified that the proposed military 
trials by a specially created commission, the first held by the 
United States since World War II, would have rules of evidence 
and trial procedures that compare favorably with those in use 
by the International Criminal Tribunal for Rwanda and the 
International Criminal Tribunal for the former Yugoslavia. 
Admiral McGarrah, who monitors the enemy combatant detention 
program for the Navy, testified that of 558 detainees given 
hearings before the Combatant Status Review Tribunal at 
Guantanamo, 520 had been classified as enemy combatants, and 23 
of the remaining 38 had been released. Mr. Wiggins emphasized 
that the detainees were being held for military purposes, not 
criminal justice purposes, and thus were outside of the purview 
of the U.S. criminal justice system. Former Attorney General 
Barr argued that the Congress should not grant legal rights to 
these enemy combatants.
    Shortly thereafter, the Supreme Court decided the case of 
Hamdan v. Rumsfeld, holding that the military commissions 
established to try detainees at Guantanamo Bay violated ``both 
the UCMJ and the four Geneva Conventions.'' Chairman Specter 
responded by introducing S. 3614, the ``Unprivileged Combatants 
Act of 2006.'' The bill attempted to balance the need for 
national security (including interrogation and detention of 
combatants) with the need to afford detainees with sufficient 
due process. The bill addressed only those combatants held at 
Guantanamo Bay. The legislation sought to clarify the 
procedures to be used in Combatant Status Review Tribunals and 
establish procedures for the trial of detainees. These 
procedures were constructed to constitute ``a meaningful 
opportunity to contest the factual basis for that detention 
before a neutral decision-maker.'' Hamdi v. Rumsfeld, 542 U.S. 
507 (2004) (O'Connor, J.).
    On July 11, 2006, the full Committee held a hearing titled 
``Hamdan v. Rumsfeld: Establishing a Constitutional Process.'' 
Witnesses explained Hamdan's impact on future operations in the 
War on Terror and offered suggestions for future legislation. 
The witnesses included former Solicitor General Theodore Olson, 
Dean of Yale Law School Harold Koh, and Lieutenant Commander 
Swift.
    On August 2, 2006, the Committee held a hearing titled 
``The Authority to Prosecute Terrorists under the War Crime 
Provisions of Title 18.'' The hearing focused on the 
government's authority to prosecute terrorists for war crimes 
under Title 18 and on the efforts to establish military 
commissions to try terrorists detained by the United States. A 
draft of the Administration's bill to establish military 
commissions and the procedural process by which detainees 
should be tried was compared with S. 3614. Among the witnesses 
were Office of Legal Counsel Acting Assistant Attorney General 
Steven Bradbury, General Richard Myers, the former Chairman of 
the Joint Chiefs of Staff, and all four of the Judge Advocates 
General of the military services.
    On September 25, 2006, the Committee held a hearing titled 
``Examining Proposals to Limit Guantanamo Detainees'' Access to 
Habeas Corpus Review.'' Draft legislation by the Administration 
and the Senate Armed Services Committee precluded detainees 
from filing habeas corpus petitions in federal court. The 
hearing focused on Chairman Specter's efforts to retain habeas 
corpus rights for detainees held at Guantanamo.

            OVERSIGHT OF THE FEDERAL BUREAU OF INVESTIGATION

    In addition to legislative hearings that involved FBI 
witnesses, the Committee held several hearings on general 
oversight of the FBI.
    The Committee held an FBI oversight hearing on July 20, 
2005 to investigate whether the FBI was implementing the 
recommendations of the National Commission on Terrorist Attacks 
upon the United States (the ``9/11 Commission'') and the 
Commission on the Intelligence Capabilities of the United 
States Regarding Weapons of Mass Destruction (the ``WMD 
Commission''), as well as recommendations made by the 
Department of Justice (``DOJ'') Inspector General in numerous 
reports. Witnesses included FBI Director Robert Mueller, DOJ 
Inspector General Glenn Fine, Vice Chairman of the 9/11 
Commission and former Congressman Lee Hamilton, former FBI and 
CIA Director William Webster, and John Russack, the Program 
Manager of the Information Sharing Environment at the Office of 
the Director of National Intelligence.
    Much of the hearing focused on problems with the FBI's 
technology upgrades, information sharing, and the backlog in 
translation of communications intercepted through electronic 
surveillance. Members of the Committee expressed their concerns 
about the lack of progress made since 9/11, particularly in 
regard to the failed attempt to develop a Virtual Case File 
system to allow for easier searching and organizing of 
investigative files on terrorism and other matters. Director 
Mueller responded by acknowledging the failure of the $170 
million project but extolling the replacement Sentinel Project, 
which will be completed in four phases by 2009. He also stated 
that, although the FBI's backlog of untranslated terrorism 
intelligence had doubled to 8,300 hours in the previous year, 
none of the backlogged material involved the FBI's highest-
priority investigations. He further stated that much of the 
backlog was attributable to ``white noise'' in the background 
from microphone recordings and the difficulty of translating 
obscure languages and dialects in which the bureau's linguists 
might not be well versed. Inspector General Fine reported that 
the FBI had made progress in hiring more linguists, expanding 
its ranks from 1,214 in April 2004 to 1,338 in March 2005, but 
continued to face problems. He noted, for example, that the FBI 
had met its hiring targets in fewer than half of 52 languages 
examined.
    The FBI was not the only counterterrorism agency that was 
addressed in the Judiciary Committee hearing. John Russack, a 
program manager who runs the information sharing environment 
office for the Director of National Intelligence and who is 
responsible for linking federal, state, and local offices to 
combat terrorism, told the Committee that he had only one full-
time employee and two contractors some seven months after the 
directorate was created. Chairman Specter commented that he was 
troubled by the deficient staffing at such a critical office.
    The Committee held a second FBI oversight hearing on May 2, 
2006, focusing on the progress of the Sentinel System and a 
March 2006 report by the Government Accountability Office (GAO) 
documenting failures of FBI intelligence collectors to share 
information with other members of the intelligence community. 
Witnesses included FBI Director Robert Mueller, Director Linda 
Calbom of the GAO, and DOJ Inspector General Glenn Fine.
    Committee Members questioned Director Mueller on progress 
in intelligence sharing, FBI interrogation practices, and 
ongoing concerns about translations and the hiring of 
linguists. The hearing also focused on contemporaneous news 
accounts about the FBI's efforts to search the files of the 
late newspaper columnist Jack Anderson, and the related topic 
of media leaks.
    Ranking Member Leahy cited what he said was more than 100 
instances in which FBI agents had improperly conducted 
surveillance of antiwar groups. Director Mueller responded that 
such accounts were an apparent outgrowth of legitimate 
investigations to identify an individual, and he underscored 
that the FBI was not concerned with suppressing political 
dissent. Senator Grassley asked Director Mueller about reports 
that FBI agents had tried to trick Jack Anderson's widow into 
allowing a search of his files after her son and the family's 
lawyer refused. Director Mueller said the effort resulted from 
a recent discovery of information indicating that there might 
be classified national security documents within Mr. Anderson's 
collection.
    The Committee held a third FBI oversight hearing on 
December 6, 2006, in which the sole witness was FBI Director 
Robert Mueller. This hearing focused primarily on post-911 
federal counter-terrorism and information sharing efforts, but 
also touched upon (1) efforts to reform the FBI in the mold of 
Britain's MI5, (2) the FBI's utilization of information gleaned 
from the Terrorist Surveillance Program, (3) the FBI's role in 
the practice of so-called ``extraordinary rendition,'' (4) the 
FBI's technology upgrades, and (5) the recent refusal by the 
FBI and the Department of Justice to brief Congress on the 
progress of the investigation into the Anthrax attacks that 
occurred in 2001.
    Chairman Specter pressed Director Mueller to provide 
concrete examples of benefits yielded by the National Security 
Agency's Terrorist Surveillance Program. Senator Grassley 
likewise pressed for specifics on the FBI's investigation of 
the 2001 anthrax attacks. Director Mueller demurred on the 
grounds that the questions implicated classified information 
and an ongoing grand jury investigation. Chairman Specter 
asserted that Congress was entitled to information regarding 
such pending investigations in order to carry out its oversight 
function and promised to pursue the issue with the Attorney 
General. Senator Grassley responded with a letter, signed by 
Chairman Specter, Ranking Member Grassley, and numerous other 
Senators and representatives, demanding information.
    Director Mueller also responded to Senators' questions 
regarding the Office of Inspector General's (OIG) December 2006 
report indicating that the Sentinel project might cost 
significantly more than the FBI had estimated. Director Mueller 
expressed confidence in the total cost estimate of $425 million 
over the life of the program. Director Mueller also dismissed 
the OIG's concern that the Sentinel project would experience a 
$57 million budget shortfall in 2007. He explained that 
although the Bush Administration had only allocated $100 
million of the $157 million needed to run the program in 2007, 
the FBI had found another $57 million to cover the 2007 costs, 
and there was no danger of the FBI being forced to cut 
necessary programs. Director Mueller did, however, express 
concern about Congress' failure to pass an appropriations bill 
at the close of the 109th Congress, which might jeopardize the 
$100 million budgeted for Sentinel for 2007. He explained that 
if Congress did not address the situation, the FBI might be 
prevented from entering into a contract with Lockheed Martin to 
pursue phase two of the Sentinel project.

      ``ABLE DANGER'' AND THE SHARING OF INTELLIGENCE INFORMATION

    The Committee held a hearing on September 21, 2005, titled 
``Able Danger and Intelligence Information Sharing.'' The 
purpose of the hearing was to probe whether there was a 
breakdown between the military and law enforcement in the 
sharing of information that might have helped to prevent the 
events of 9/11 or another terrorist attack. The hearing was on 
Able Danger, a classified military intelligence program 
undertaken by the U.S. Special Operations Command. According to 
statements from various Able Danger participants, including 
Lieutenant Colonel Tony Shaffer, prior to the 9/11 attacks, the 
program had identified the attack leader Mohammed Atta and 
three of the other hijackers as possible members of an al Qaeda 
cell linked to the 1993 World Trade Center bombing. A Defense 
Department investigation into Able Danger, however, strongly 
disputed this allegation.
    Witnesses included Congressman Curt Weldon, who heavily 
promoted the claims of Lt. Col. Shaffer; Gary Bald, the 
Executive Assistant Director of the FBI's National Security 
Branch; the Acting Assistant to the Secretary of Defense for 
Intelligence Oversight William Dugan; Former Army Major Erik 
Kleinsmith, former head of the Pentagon's Land Warfare Analysis 
Department; and Mark Zaid, the attorney for Lt. Col. Tony 
Shaffer.
    The hearing explored the facts behind the Able Danger story 
and whether or not the government was over-aggressively 
interpreting the Posse Comitatus Act and other bodies of law 
that applied to information collection, thereby preventing any 
interaction between the military and the FBI. Congressman 
Weldon and Mr. Zaid argued that the members of the Able Danger 
program had identified Mohammed Atta prior to 9/11 and that 
they were blocked from distributing that information to the 
FBI. They testified that Able Danger had used data mining 
techniques to identify four of the terrorists who struck on 
September 11, 2001. Former Army Major Eric Kleinsmith testified 
that he was instructed to destroy data and documents related to 
Able Danger in May and June of 2000, in accordance with Army 
regulations that limited the collection and holding of 
information concerning U.S. persons. Kleinsmith said the order 
to destroy the data was not hostile or aggressive, but was only 
a matter of policy. When he was asked if this information could 
have prevented the September 11 attacks, the major said he 
could not speculate but believed it would have been significant 
and useful.
    The Committee produced a final report which stated that the 
various statutes, executive orders, directives, and regulations 
that applied to information collected in the course of the Able 
Danger Program did not compel destruction of such information 
or prevent it from being shared with law enforcement.

                 SAUDI ARABIA AND THE WAR ON TERRORISM

    The Committee held a hearing on November 8, 2005, titled 
``Saudi Arabia: Friend or Foe in the War on Terror?'' The 
hearing examined Saudi Arabia's possible propagation and 
funding of hate ideology within American mosques and American 
Islamic schools. The hearing was largely prompted by a report 
by the group Freedom House, which was released in January 2005. 
More specifically, the purpose of the hearing was to determine 
what efforts the Saudi Government had made to prevent the 
dissemination of extremist ideology. The hearing also attempted 
to publicize S. 1171, the ``Saudi Arabian Accountability Act of 
2005.''
    Though the Saudi government has rejected any claims that it 
is spreading hateful rhetoric, the Committee was provided with 
significant evidence to the contrary from various groups. These 
included the Middle East Media Research Institute's (MEMRI) TV 
Monitoring Project, Freedom House's Center for Religious 
Freedom, and the Investigative Project on Terrorism. Most 
powerfully, MEMRI provided clips from Saudi television shows 
aired by the government-controlled Iqraa television network in 
the U.S. from 2004 and 2005, which included calls for the 
annihilation of Christians and Jews, rampant anti-Americanism 
and anti-Semitism, support for Jihad, incitement against U.S. 
troops in Iraq, and discussion of the coming Islamic conquest 
of the U.S.

              FISA AND THE TERRORIST SURVEILLANCE PROGRAM

    During the second session of the 109th Congress, the 
Committee held a series of hearings on the National Security 
Agency's (NSA) Terrorist Surveillance Program. On February 6, 
2006, the Committee held a hearing on ``Wartime Executive Power 
and the NSA's Surveillance Authority.'' The sole witness was 
Attorney General Alberto Gonzales. Committee Members pressed 
the Attorney General to set forth the legal justification for 
the Administration's Terrorist Surveillance Program (TSP), 
which had first been reported on December 16, 2005 by the New 
York Times. At the hearing, Committee Members raised questions 
about how to balance the defense of American civil liberties 
with wartime Executive authority to fight terrorists. The 
hearing also focused on legal interpretation of the Foreign 
Intelligence Surveillance Act of 1978 (FISA).
    On February 28, the Committee held a hearing on ``Wartime 
Executive Power and the NSA's Surveillance Authority II.'' The 
hearing focused on whether the President had authority to 
institute the electronic surveillance program and the scope of 
his inherent power under Article II of the United States 
Constitution. The hearing also examined whether the 
Authorization for Use of Military Force adopted by Congress in 
September 2001 modified the FISA statute to allow for the 
surveillance program.
    On March 28, the Judiciary Committee held a hearing on 
``NSA III: War Time Executive Power and the FISA Court.'' The 
witnesses included federal district court judges who had served 
on the Foreign Intelligence Surveillance Court. Specifically, 
the Committee solicited the judges' views on S. 2453, Chairman 
Specter's legislation the National Security Surveillance Act 
(NSSA).
    On July 26, the Committee held another hearing on the NSSA. 
Government witnesses at the hearing included Lt. General Keith 
B. Alexander, the Director of the National Security Agency; Lt. 
General Michael V. Hayden, a former Director of the National 
Security Agency and the current Director of the Central 
Intelligence Agency; and Steven Bradbury, the Acting Assistant 
Attorney General for the Office of Legal Counsel. These 
witnesses argued that FISA should be updated to reflect major 
advances in technology. Some witnesses on the hearing's second 
panel, such as Jim Dempsey, Policy Director at the Center for 
Democracy and Technology, countered that the changes sought by 
the Administration were too far reaching.

                     THE PROBLEM OF SCHOOL VIOLENCE

    On May 19, 2006, the Committee held a field hearing in 
Philadelphia to discuss enforcement of the Clery Act by 
Philadelphia area colleges and universities. The Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime 
Statistics Act (``Clery Act'') is a federal law requiring 
colleges and universities to disclose certain annual and timely 
information about campus crime and security policies. The 
hearing was titled ``Campus Crime: Compliance and Enforcement 
under the Clery Act, `` and was attended by Connie Clery and 
Ben Clery, the mother and brother of Jeanne Clery, the murdered 
Lehigh University student for whom the Clery Act is named.
    Witnesses included U.S. Attorney Patrick Meehan; Robert 
Baker, the Secretary of Education's Regional Representative; 
seven Philadelphia area college/university representatives; and 
Daniel Carter, the Senior Vice President of Security On Campus, 
Inc., the national non-profit organization set up by the Clery 
family that is devoted to assisting the victims of violence on 
college campuses and to improving campus security. Among the 
problems discussed were a lack of strong enforcement by the 
Justice Department and the Department of Education, the 
disparities in reporting statistics through the Clery Act and 
the Pennsylvania state law on this subject, and the 
incompleteness of the list of reportable crimes under the Clery 
Act.

                      HEDGE FUND AND SEC OVERSIGHT

    As part of its oversight responsibilities to address and 
prevent corporate fraud, the Committee examined the enforcement 
of insider trading and corporate fraud regulations by the 
Department of Justice and Securities and Exchange Commission 
(SEC) against the hedge fund industry. Over the past few years, 
public attention has focused on the activities of hedge funds--
largely unregulated, private investment pools of exclusive 
investors that buy and sell stocks, bonds, derivatives, and 
other investment assets. Frequently characterized as offering 
high risk and high returns, hedge funds have evolved into a 
dominant force in today's marketplace. Indeed, the Department 
of Treasury estimates that some 9,000 hedge funds manage 
approximately $1 trillion in assets, an amount equal to about 
7% of total U.S. financial net worth.
    The Committee scheduled a series of three hearings to 
assess whether federal enforcement was effective in fighting 
possible illegal insider trading and market manipulation by 
hedge funds. In its first hearing on June 28, 2006, the 
Committee examined whether hedge funds had conspired with so-
called independent research analysts in disseminating negative 
information about companies targeted as part of an elaborate 
``short-selling'' scheme. At this hearing, the Committee also 
received testimony from a former SEC employee, Gary Aguirre, 
who alleged that his attempts to investigate one of the 
nation's largest hedge funds was thwarted by his supervisors at 
SEC when he focused his inquiry on a high-profile Wall Street 
executive with powerful political ties. The Committee's second 
hearing on September 26, 2006 examined alarming reports that 
possible criminal insider trading was on the rise. This hearing 
came on the heels of a study showing increased trading activity 
in the days and weeks before major corporate mergers (over $1 
billion or more in value) became public over the past year. 
After hearing testimony from federal enforcement officials and 
industry experts about existing challenges facing the 
prosecution of insider trading cases, Chairman Specter began 
drafting legislation aimed at strengthening criminal 
enforcement actions in these matters and to protect investors 
from fraud.
    At the third and final hearing, the Committee heard 
testimony from the Department of Justice and State Attorney 
General Richard Blumenthal regarding the Chairman's proposed 
draft legislation, titled the ``Criminal Misuse of Material 
Non-Public Information and Investor Protection Act of 2006.'' 
During the hearing, the Committee also heard follow-up 
testimony on the allegations raised by former SEC employee Gary 
Aguirre during the Committee's first hearing in June 2006. 
Following that hearing, the Committee had conducted an 
extensive joint investigation with the Senate Finance Committee 
concerning Mr. Aguirre's allegations. The Committee intends to 
submit more detailed findings regarding this matter at a later 
time.

      THE NATIONAL FOOTBALL LEAGUE AND THE SPORTS BROADCASTING ACT

    The Committee examined the joint sale of the rights to 
televise games by the members of professional sports leagues, 
in particular the member teams of the National Football League 
(NFL). On November 14, 2006, the Committee held a hearing on 
two recent examples of the exercise of market power by the NFL. 
In November 2004, the NFL accepted $3.5 billion from DirecTV, a 
satellite television provider, for the exclusive right to carry 
the ``NFL Sunday Ticket,'' a package of all NFL games played on 
Sunday afternoons, for five years. The NFL member teams 
authorized the NFL to contract on their behalf for the sale of 
rights to DirecTV. Each NFL member team has agreed with the 
other NFL teams not to compete in the sale of such rights. 
DirecTV's ``Sunday Ticket'' is the only way viewers are 
guaranteed to see the Sunday afternoon game of their choice 
regardless of where they reside. Critics have argued that the 
exclusive nature of the NFL's deal with DirecTV makes the cost 
of viewing games included in the ``Sunday Ticket'' package more 
expensive.
    The joint sale of television rights by the member teams of 
the NFL has previously been found to violate Section 1 of the 
Sherman Act. In United States v. NFL,\3\ the Eastern District 
of Pennsylvania concluded that an agreement among NFL member 
teams to jointly sell the rights to broadcast their games to 
CBS violated the antitrust laws. Prior to 1961 when the NFL 
member teams entered the joint agreement, each member team 
individually negotiated and sold the television rights to its 
games. The court concluded that, ``by agreement, the member 
clubs of the League have eliminated competition among 
themselves in the sale of television rights to their games.'' 
\4\
---------------------------------------------------------------------------
    \3\ 196 F. Supp. 445 (E.D. Pa. 1961).
    \4\ Id. at 447.
---------------------------------------------------------------------------
    Congress reversed the decision in United States v. NFL when 
it enacted the Sports Broadcasting Act, legislation that was 
reported by the Judiciary Committee. The Act provides that the 
antitrust laws shall not apply to any agreement among the 
member teams of a professional sports league to jointly sell 
``sponsored telecasting'' of their games.\5\ Over the years, 
the NFL and other sports leagues have argued that the antitrust 
exemption contained in the Sports Broadcasting Act protects 
their dealings with subscription television service providers, 
including satellite and cable providers.
---------------------------------------------------------------------------
    \5\ 15 U.S.C. Sec. 1291 (2004).
---------------------------------------------------------------------------
    The legislative history, however, indicates that Congress 
did not intend for this legislation to apply to subscription 
television. The Antitrust Subcommittee of the House Judiciary 
Committee issued a report on the legislation specifically 
stating that ``[t]he bill does not apply to closed circuit or 
subscription television.'' \6\ In addition, at the 
Subcommittee's hearing on the bill, then-NFL Commissioner Pete 
Rozelle conceded on the record that the bill ``cover[ed] only 
the free telecasting of professional sports contests, and does 
not cover pay T.V.'' \7\ Thus, the Sports Broadcasting Act does 
not exempt the NFL's deal with DirecTV from antitrust scrutiny.
---------------------------------------------------------------------------
    \6\ Telecasting of Professional Sports Contests: Hearing Before the 
Antitrust Committee of the House Committee on the Judiciary on H.R. 
8757, 87th Cong. 1st Sess. At 4 (Sept. 13, 1961).
    \7\ Id. At 36.
---------------------------------------------------------------------------
    The hearing also examined the NFL's conduct with respect to 
the NFL Network. The National Football League founded and owns 
the NFL Network, which provides in-depth coverage of the NFL. 
Beginning Thanksgiving Day, the NFL Network offered a package 
of eight high-profile football games. Viewers were able to see 
their local teams play, but had to turn to the NFL Network to 
see any of the eight games in which no local team was playing. 
The NFL reportedly asked for a 250 percent increase in monthly 
license fees for the eight games. In addition, the NFL insisted 
that programming distributors carry the NFL Network games as 
part of their ``basic'' service tier, not just premium tiers. 
Since programming distributors pay for programming on a per 
subscriber basis, this requirement significantly increases the 
cost of carrying the NFL Network.
    A number of cable television providers, including Time 
Warner and Cablevision, have refused to pay the increased price 
and have decided not to carry the NFL Network. Another major 
provider, Comcast, agreed to carry the network for one year, 
but then reportedly plans to carry it on a premium sports tier 
only. \8\ Because either Time Warner or Comcast dominates the 
cable television market in many areas of the country, cable 
subscribers nationwide may not be able to view the NFL Network 
games either now or in the future. But two major satellite 
providers, DISH Network and DirecTV, and numerous smaller cable 
providers have decided to carry the network.
---------------------------------------------------------------------------
    \8\ It is unclear, however, whether Comcast is allowed to do that 
under its contract with the network.
---------------------------------------------------------------------------
    The agreement by the member teams of the NFL to sell 
jointly the opportunity to carry the NFL Network implicates the 
antitrust laws in the same way that the NFL's ``Sunday Ticket'' 
deal with DirecTV does. The NFL member teams appear to have 
agreed to restrict output and increase the price of NFL 
football telecasts by jointly selling the NFL Network games as 
a package.
    At the hearing, the NFL and DirecTV both testified that 
consumers had benefited from Sunday Ticket and the NFL Network. 
Mr. Jeffrey Pash, the Executive Vice President and General 
Counsel of the NFL argued that, by operating jointly, the 
league produces a product--professional football--that its 
members could not produce acting independently. Mr. Pash also 
pointed out that DirecTV had expanded the number of games 
available to viewers. Daniel M. Fawcett, Executive Vice 
President, Business and Legal Affairs and Programming 
Acquisition at DirecTV testified that having the exclusive 
rights to ``Sunday Ticket'' had enabled DirecTV to compete, and 
thereby increase competition and consumer choice, in the market 
for subscription television. However, Time Warner Cable and 
Professor Roger Noll of Stanford University testified regarding 
the negative impact of arrangements such as the Sunday Ticket 
and NFL Network on consumers. Mr. Landel Hobbs, the Chief 
Operating Officer of Time Warner testified that the NFL had 
used their market power to significantly increase the cost of 
carrying professional football games. Mr. Hobbs urged the 
Committee to consider repealing the Sports Broadcasting Act to 
prevent the NFL and other professional sports leagues from 
abusing their market power. Professor Noll characterized the 
NFL's decision to air eight professional football games 
exclusively on the NFL Network as a ``profit-enhancing 
reduction in output.'' Professor Noll urged the Committee to 
consider sunsetting the Sports Broadcasting Act over a period 
of five years.
    At an additional hearing on December 7, 2006, David Cohen, 
the Executive Vice President of Comcast urged the Committee to 
consider conditioning the antitrust exemption in the Sports 
Broadcasting Act on leagues making their television rights 
available on a non-exclusive basis. At the conclusion of this 
hearing, Chairman Specter committed to introducing legislation 
amending the Sports Broadcasting Act in a way that would 
prevent the NFL and other professional sports leagues from 
exercising excessive market power in the market for television 
rights.

      OVERSIGHT OF THE JUSTICE DEPARTMENT'S CIVIL RIGHTS DIVISION

    The Committee held an oversight hearing regarding the 
Justice Department's Civil Rights Division on November 16, 
2006. Wan Kim, the Assistant Attorney General for Civil Rights, 
was the primary witness. The Committee also heard from several 
outside experts and former Division officials, including 
Michael Carvin, Partner, Jones Day; Theodore Shaw, Director-
Counsel and President of the NAACP Legal Defense and 
Educational Fund, Inc.; Robert Driscoll, Partner, Alston & 
Bird; and Joseph Rich, Director, Fair Housing and Community 
Development at the Lawyers' Committee for Civil Rights Under 
Law.
    The hearing explored several media reports questioning 
whether, since 1999, the Division had been pursuing fewer cases 
of discrimination against African Americans, whether the 
division's hiring process had become more partisan, and whether 
the recommendations of the career staff have been ignored and 
overruled by the political appointees in the ``front office'' 
of the CRD.
    In his testimony, Assistant Attorney General Wan Kim stated 
that he welcomed congressional involvement. He sought to refute 
the media criticisms by praising the work of the Division and 
detailing its successes. He acknowledged that the Division had 
changed some hiring practices, but he clarified that the 
changes applied only to the honors program, through which the 
Division recruits attorneys fresh from law school. Kim 
explained that the Division had not significantly altered its 
hiring process for established attorneys and emphasized, 
``[I]deology is not a factor in my hiring process.'' He assured 
the Committee that the Justice Department's Civil Rights 
Division hired only ``talented lawyers'' who ``share a 
commitment for the work that we do in the division.''
    Chairman Specter challenged Kim concerning several voting-
rights decisions, in which the Civil Rights Division declined 
to object to a Georgia voter ID law that was later ruled 
unconstitutional by a federal court. Kim explained that 
Congress had not granted the Division the power to object to 
Georgia's voter ID law and emphasized that partisanship was not 
involved in the decision. Ranking Member Leahy and Senator 
Schumer criticized Kim for failing to investigate various 
election scandals. When Kim responded that prosecuting election 
fraud had been vested in the Criminal Division, not the Civil 
Rights Division, Ranking Member Leahy and Senator Schumer 
encouraged the Civil Rights Division to become involved.
                            III. NOMINATIONS

    The Committee on the Judiciary conducted 35 nominations 
hearings during the 109th Congress, including hearings for two 
Supreme Court nominees and one for the Attorney General 
nominee. The Committee reported out two Supreme Court nominees, 
19 court of appeals nominees, and 48 district court nominees, 
as well as a number of executive branch nominees. With respect 
to Article III judges, the 109th Congress confirmed two Supreme 
Court Justices, 16 court of appeals judges, 35 district court 
judges and one judge for the Court of International Trade. As 
of the filing of this report, the vacancy rate for court of 
appeals judges stands at 8.4%, that of district court judges is 
5.5%, and the overall vacancy rate for Article III judges is 
6.0%.

A. NOTABLE JUDICIAL NOMINATIONS

            1. UNITED STATES SUPREME COURT

 NOMINATION OF JOHN G. ROBERTS, JR., TO BE CHIEF JUSTICE OF THE UNITED 
                                 STATES

    Justice Sandra Day O'Connor's announcement, on July 1, 
2005, that she would retire from the Supreme Court upon the 
confirmation of her replacement ended the Court's longest 
period of continuity since 1823. The Supreme Court's membership 
had not changed since 1994, when Justice Breyer was confirmed.
    Eighteen days after Justice O'Connor's announcement, 
President Bush nominated John G. Roberts Jr., a judge on the 
U.S. Court of Appeals for the District of Columbia, to fill her 
seat. Chief Justice Roberts had a stellar resume, having 
graduated Harvard College summa cum laude and Harvard Law 
School magna cum laude and clerking for Judge Friendly of the 
Court of Appeals for the Second Circuit and next then-Associate 
Justice William Rehnquist.
    Following his clerkships, Chief Justice Roberts served as a 
Special Assistant to the Attorney General and then as an 
Associate White House Counsel from 1982 to 1986. He moved to 
private practice in 1986, becoming an associate at the 
Washington, DC law firm of Hogan & Hartson. Three years later, 
he returned to public service as Deputy Solicitor General in 
President George H.W. Bush's administration.
    In 1992, President George H.W. Bush nominated Chief Justice 
Roberts to the U.S. Court of Appeals for the District of 
Columbia. The Senate, however, did not act on the nomination, 
and he returned to Hogan & Hartson where he headed the firm's 
appellate practice, arguing 39 cases before the U.S. Supreme 
Court and establishing himself as one the nation's leading 
appellate advocates.
    In 2001, President George W. Bush nominated Chief Justice 
Roberts to the U.S. Court of Appeals for the District of 
Columbia. The Democratic-controlled Senate did not vote on the 
confirmation. On January 7, 2003, President Bush re-nominated 
Chief Justice Roberts for the U.S. Court of Appeals for the 
District of Columbia. He was approved by the Senate under 
unanimous consent on May 8, 2003. He was serving in this 
capacity when President Bush nominated him to the Supreme 
Court.
    Just days before John Roberts's confirmation hearings were 
to begin, Chief Justice Rehnquist passed away, leaving two 
vacancies on the Court. On September 6, 2005, President Bush 
withdrew Judge Roberts' nomination to be Associate Justice and 
nominated him to be Chief Justice of the United States.
    Confirmation hearings began on September 12, 2005 and 
lasted 4 days. Senators and the Chief Justice made opening 
statements on the first day in the historic Russell Caucus 
Room. The hearing then moved to the Senate Central Hearing Room 
for questioning. Two rounds of questioning ensued, consuming 
the second and third day of the hearing. Following the second 
round, six Democratic Senators asked for an additional round of 
questioning, and the Chairman granted their request. Once the 
third round of questioning was completed, the Committee 
followed established precedent and moved under Senate rule XXVI 
into closed session to review the FBI's report on Judge 
Roberts. Both the Chairman and Ranking Member agreed that there 
was nothing disqualifying in the report. The fourth day 
concluded with the testimony of the American Bar Association, 
as well as 30 other witnesses. The ABA found Judge Roberts to 
be ``unanimously well-qualified'' for the position of Chief 
Justice of the United States. The remaining witnesses were 
split between those who supported the nomination, and those who 
opposed it. These witnesses ranged from former colleagues of 
Chief Justice Roberts to the heads of prominent interest 
groups.
    Over the course of the hearing, Senators asked Chief 
Justice Roberts 673 questions. He was asked 490 questions on 
the first two days alone. This is well beyond the number of 
questions posed to either Justice Ginsburg (384) or Justice 
Breyer (355) during the entirety of their respective 
confirmation hearings. These questions focused primarily on 
Roberts' view of the role of the federal government, his 
thoughts on the right to privacy and his commitment to stare 
decisis. The Committee exhaustively reviewed the Chief 
Justice's writings--everything from articles he wrote for his 
high school newspaper to his most recent opinions as a judge on 
the U.S. Court of Appeals for the District of Columbia. The 
Committee also examined past confirmation hearings for a number 
of prior Supreme Court nominations and discussed the acceptable 
scope for both questions and responses.
    During the two and a half months between his original 
nomination and his confirmation as Chief Justice, the Committee 
received over 100,000 pages of documents. Many news agencies 
warned of a ``circus-like atmosphere'' because this was the 
first Supreme Court nomination since the rise of the Internet 
and around-the-clock news. However, the hearings went very 
smoothly with no disturbances.
    One week after the conclusion of the confirmation hearings, 
the Committee favorably reported Judge Roberts' nomination to 
the Senate floor by a vote of 13-5, with the Committee's 10 
Republicans, Ranking Member Leahy, and Senators Kohl and 
Feingold supporting Judge Roberts. The nomination was debated 
on the Senate floor for four days, and on September 29, 2005, 
Chief Justice Roberts was confirmed by a vote of 78-22.

 NOMINATION OF HARRIET E. MIERS, TO BE ASSOCIATE JUSTICE OF THE UNITED 
                          STATES SUPREME COURT

    On October 3, 2005, President Bush nominated White House 
Counsel Harriet Miers to fill the vacancy left by Justice 
O'Connor's retirement from the Court.
    Following the nomination, the Committee began preparation 
for her confirmation hearing, reviewing thousands of pages of 
government documents, articles, cases, and speeches written by 
or involving Ms. Miers. Later that month, before hearings could 
commence, the President withdrew the nomination.

  NOMINATION OF SAMUEL A. ALITO, JR., TO BE ASSOCIATE JUSTICE OF THE 
                      UNITED STATES SUPREME COURT

    On October 31, 2005, the President announced the nomination 
of Samuel A. Alito, Jr., a judge on the U.S. Court of Appeals 
for the Third Circuit, to fill Justice Sandra Day O'Connor's 
seat.
    Justice Alito had devoted nearly the entirety of his career 
to serving the public. After graduating from Princeton 
University, where he participated in the ROTC program, and Yale 
Law School, where he won awards for best moot court argument 
and best contribution to the Yale Law Journal, Justice Alito 
served active duty in the U.S. Army in Fort Gordon, Georgia. 
From 1976 to 1977, Justice Alito served as a law clerk to the 
Honorable Judge Leonard I. Garth of the U.S. Court of Appeals 
for the Third Circuit. He then served for four years as an 
Assistant U.S. Attorney for the District of New Jersey, four 
years as Assistant to the United States Solicitor General, and 
two years as a Deputy Assistant Attorney General in the Office 
of Legal Counsel at the Department of Justice.
    In his roles in both the Office of Legal Counsel and the 
Office of the Solicitor General, Justice Alito was exposed to 
and provided legal advice on virtually every type of case on 
the Supreme Court's docket. In 1987, after his service in the 
Office of Legal Counsel, he returned to New Jersey, where he 
served for three years as the U.S. Attorney for the District of 
New Jersey.
    In 1990, President George H.W. Bush nominated Alito to 
serve as a judge on the U.S. Court of Appeals for the Third 
Circuit. On April 27, 1990, the Senate unanimously confirmed 
his nomination. Justice Alito's fifteen-year tenure on the 
Third Circuit was longer than that of any of the current 
members of the Supreme Court prior to nomination. He was 
serving in this capacity in 2005 when the President nominated 
him to be an Associate Justice on the Supreme Court.
    The Judiciary Committee reviewed tens of thousands of pages 
of documents from Justice Alito's extensive career, including 
the 4800 cases in which Justice Alito participated as an 
appellate judge; government documents from Alito's service in 
the Office of Legal Counsel and the Solicitor General's Office, 
46 briefs and petitions from cases Alito handled before the 
Supreme Court; 34 briefs from cases that Alito handled before 
the Courts of Appeals, and 43 articles and speeches Alito had 
authored.
    The hearings on Justice Alito's nomination were held over 
five days beginning January 9, 2006. On the first day, Senators 
each had approximately ten minutes to give opening statements. 
The nominee was then introduced by Senator Frank Lautenburg and 
former Governor of New Jersey Christie Todd Whitman. Senator 
Jon Corzine also sent a letter of introduction. Justice Alito 
offered a brief opening statement.
    Over the course of the hearings, the nominee was questioned 
for nearly 18 hours, and answered more than 650 questions--over 
97% of the questions asked. By comparison, Chief Justice 
Roberts, Justice Breyer, and Justice Ginsburg, each answered a 
smaller percentage of the questions posed to them during their 
confirmation hearings-89%, 82%, and 80%, respectively. Also, on 
January 12, 2006, Justice Alito appeared before the Committee 
in a closed session, pursuant to rule XXVI of the Standing 
Rules of the Senate.
    Throughout the hearings, the Committee carefully and 
thoroughly questioned Justice Alito on his background, 
qualifications, integrity, and judicial temperament. The 
Committee investigated concerns raised about Justice Alito's 
recusal practices in cases involving mutual funds and his 
apparent past membership in a group known as the Concerned 
Alumni of Princeton. The Committee scrutinized Justice Alito's 
commitment to the separation of powers, equal justice under the 
law, due process, judicial restraint, and stare decisis. 
Justice Alito explained that he approaches every legal issue 
with a fair and open mind.
    In addition to Justice Alito's testimony, the Committee 
heard the testimony of an additional 32 witnesses. Among these 
witnesses were a representative of the American Bar 
Association, which unanimously awarded Justice Alito's its 
highest rating of well qualified, fellow judges on the Third 
Circuit, former law clerks, distinguished academics, and 
representatives from outside interest groups.
    Written questions to the nominee were submitted within 24 
hours of the hearings' close by Ranking Member Leahy and 
Senators Kennedy, Biden, Schumer, Durbin, and Coburn. Ranking 
Member Leahy also submitted questions on behalf of Senator 
Levin. An Executive Business Meeting scheduled for January 17 
was delayed by one week when Committee Democrats exercised 
their right to hold over the nomination by one week. On January 
20, Justice Alito returned answers to the post-hearing written 
questions.
    On January 24, the Committee voted 10-8 to report the 
nomination with a favorable recommendation. Voting in favor of 
the nomination were Chairman Specter and Senators Hatch, 
Grassley, Kyl, DeWine, Sessions, Graham, Cornyn, Brownback, and 
Coburn. Voting against the nomination were Ranking Member Leahy 
and Senators Kennedy, Biden, Kohl, Feinstein, Feingold, 
Schumer, and Durbin. On January 31, 2006, Justice Alito was 
confirmed by a vote of 58-42 by the United States Senate. He 
was sworn in on the same day by President Bush.
            2. UNITED STATES COURTS OF APPEALS

   TERRENCE W. BOYLE, UNITED STATES COURT OF APPEALS FOR THE FOURTH 
                                CIRCUIT

    President Bush re-nominated Terrence W. Boyle of North 
Carolina to the United States Court of Appeals for the Fourth 
Circuit September 5, 2006. This was the sixth time he was so 
nominated.
    Judge Boyle received a B.A. with honors from Brown 
University in 1967 and a J.D. from the American University 
Washington College of Law in 1970. Following law school, Judge 
Boyle began his legal career working as Minority Counsel to the 
House Subcommittee on Housing, Banking, and Currency. He later 
served as Legislative Assistant to United States Senator Jesse 
Helms before entering private practice in 1974. From 1974-1976, 
Judge Boyle was an associate at LeRoy, Wells, Shaw, Hornthal & 
Riley before being promoted to partner at the firm.
    In 1984, President Reagan nominated Judge Boyle to the 
United States District Court for the Eastern District of North 
Carolina. Judge Boyle was unanimously confirmed on April 24, 
1984. Judge Boyle has served on the federal bench for over 20 
years, including serving as chief judge for seven years and 
frequently sitting by designation on the Fourth Circuit.
    Judge Boyle's nomination to the Fourth Circuit was strongly 
opposed by the Minority, whose leadership threatened to 
filibuster the nomination on the floor. In May 2006, after the 
nomination had been reported out of Committee, ethics 
allegations arose concerning Judge Boyle's participation in 
cases involving corporations in which he owned stock. Committee 
staff investigated the allegation by extensively interviewing 
Judge Boyle about the matter, and the judge wrote a letter to 
Chairman Specter and Majority Leader Frist explaining his 
involvement. While Judge Boyle did admit to having participated 
in cases in which he held an interest in one of the litigants, 
there was no evidence of self-enrichment. During his hearing, 
some Committee Members suggested that Judge Boyle had a high 
reversal rate, but upon further examination by Committee staff, 
it was determined that his reversal rate was below average for 
federal judges. His nomination was also opposed by some outside 
groups including disability groups, minority groups, women's 
groups, and several law enforcement organizations. Most of 
these groups questioned the soundness of his rulings in a 
number of cases of particular interest to their constituencies.
    Judge Boyle was first nominated to the Court of Appeals for 
the Fourth Circuit in 1991, during the 102nd Congress. No 
action was taken on his nomination at that time. On May 9, 
2001, during the 107th Congress, Judge Boyle was again 
nominated to the Court of Appeals for the Fourth Circuit, and 
he has been re-nominated in every subsequent Congress. Because 
former Senator John Edwards refused to return a blue slip \9\ 
on the nomination, a hearing was not held on the nomination 
until March 3, 2005, during the 108th Congress. Judge Boyle's 
nomination was later reported out of Committee by a party line 
vote on June 16, 2005. No floor action was taken on his 
nomination on the floor. His nomination was returned to the 
President on August 3, 2006, and he was re- nominated on 
September 5, 2006 without Committee action being taken before 
being returned again by the Senate on September 29, 2006. The 
nomination was resubmitted on November 15, 2006 and returned on 
December 9 at the end of the Congress.
---------------------------------------------------------------------------
    \9\ When the Senate receives a judicial nomination, the Chairman 
issues so-called ``blue slips'' to the nominee's home state Senators. 
These documents solicit the views of the Senators on the nomination. 
When Senators return a blue slip to the Chairman, they may indicate 
their support or opposition to the nomination. The weight afforded 
negative or unreturned blue slips has always been significant, though 
the precise impact has varied over the years.
---------------------------------------------------------------------------

JANICE ROGERS BROWN, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF 
                                COLUMBIA

    President Bush re-nominated Janice Rogers Brown of 
California to the United States Court of Appeals for the 
District of Columbia on February 14, 2005. This was the second 
time she was nominated to that court.
    Judge Brown received her B.A. from California State 
University in 1974. In 1977, she received her J.D. from the 
University of California, Los Angeles, School of Law. In 2004, 
she received an LL.M. from the University of Virginia School of 
Law. Following her graduation from U.C.L.A. law school, Judge 
Brown began her legal career as a deputy legislative counsel in 
the State of California Legislative Counsel Bureau, where for 
two years she assisted the legislature with bill drafting and 
provided legal advice on questions relating to proposed 
legislation. She then became a deputy attorney general in the 
California Attorney General's office, first in the criminal 
division, then in the civil division. While in the Civil 
Division, Government Section, of the Attorney General's Office, 
Judge Brown represented constitutional officers and other high 
ranking state officials. Her responsibilities included 
administrative hearings and general civil litigation ranging 
from contract disputes to political law violations to major 
class action suits.
    In 1987, Judge Brown left the Attorney General's office to 
become the Deputy Secretary and General Counsel for the State 
of California Business, Transportation and Housing Agency, 
where she supervised state business and regulatory departments. 
She also chaired the White Collar Crime Task Force, an informal 
working group designed to improve investigation and prosecution 
of major fraud cases. Judge Brown entered private practice in 
1990 when she joined the law firm of Nielsen, Merksamer, 
Parinello, Mueller & Naylor as a senior associate. She 
practiced in the government law section, specializing in areas 
related to energy, environment, and managed health care. She 
returned to public service in 1991, when she accepted a 
position as Legal Affairs Secretary to Governor Pete Wilson of 
California. In that capacity, she provided the governor and 
members of his cabinet and senior staff with advice concerning 
litigation, legislation, and the legal implications of proposed 
policies. In 1994, Governor Wilson appointed Judge Brown to the 
California Court of Appeal, Third District, as an associate 
justice.
    Two years later, Governor Wilson elevated her to the 
California State Supreme Court. Judge Brown's nomination was 
surrounded by considerable controversy. Opponents of the 
nomination objected to rulings she made in certain cases and 
strongly objected to colorful statements she had made in public 
speeches. Her critics argued that some of these speeches 
reflected views ``out of the mainstream'' of legal thought. 
Judge Brown noted that, especially when speaking to students, 
she often took provocative positions to spark debate. Later, at 
her hearing, she stated, ``in making a speech to that kind of 
audience, I'm really trying to stir the pot a little bit, to 
get people to think, to challenge them a little bit, and so 
that's what that speech is designed to do.'' Although the 
nomination was not for a position in the circuit of her home 
state of California, both Senator Feinstein and Senator Boxer 
opposed the nomination.
    Judge Brown was first nominated for this seat in the 108th 
Congress on July 25, 2003, but her nomination was filibustered 
when a motion to invoke cloture failed on November 14, 2003. 
Because a hearing had already been conducted during the 108th 
Congress (on October 22, 2003), no hearing was scheduled during 
the 109th Congress. The nomination was favorably reported out 
of Committee by a vote of 10 to 8 on April 21, 2005, but was 
expected to be filibustered again when it came to the floor. 
The so-called ``Gang of 14'' agreement concerning judicial 
filibusters was announced on May 23, 2005. The document, 
appended to this report, ensured that cloture would be invoked 
on this nomination and Judge Brown was confirmed by the Senate 
by a vote of 56 to 43 on June 8, 2005.

   MICHAEL A. CHAGARES, UNITED STATES COURT OF APPEALS FOR THE THIRD 
                                CIRCUIT

    President Bush nominated Michael A. Chagares of New Jersey 
to be a judge on the United States Court of Appeals for the 
Third Circuit on January 25, 2006.
    Judge Chagares received his B.A. from Gettysburg College in 
1984 and his J.D. with honors from Seton Hall School of Law in 
1987. While at Seton Hall, he served as an editor of the law 
review. After law school, Judge Chagares clerked for the 
Honorable Morton I. Greenberg on the United States Court of 
Appeals for the Third Circuit. After his clerkship, he entered 
private practice as an associate with McCarter & English in 
1988.
    In 1990, Judge Chagares joined the United States Attorney's 
Office for the District of New Jersey. As an assistant United 
States attorney, he mainly practiced civil litigation, handling 
discrimination, civil rights, regulatory, and constitutional 
cases. In 1999, Judge Chagares became Chief of the Civil 
Division of the United States Attorney's Office. A significant 
portion of his practice was at the appellate level. During this 
stage of his career, he argued over 100 cases before the Third 
Circuit. In 2004, he returned to private practice when he 
became a partner at Cole, Schotz, Meisel, Forman & Leonard.
    On March 14, 2006, the Committee held a hearing on Judge 
Chagares' nomination. On March 30, 2006, the Committee reported 
Judge Chagares' nomination favorably by voice vote. The Senate 
confirmed him on April 4, 2006 by a unanimous vote of 98-0.

 NEIL M. GORSUCH, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

    President Bush nominated Neil M. Gorsuch of Colorado to the 
United States Court of Appeals for the Tenth Circuit on May 10, 
2006.
    Judge Gorsuch received his B.A., with honors, from Columbia 
University in 1988 and his J.D., with honors, from Harvard Law 
School in 1991. He received a doctorate in legal philosophy 
from Oxford University in 2004. Following his 1991 graduation 
from law school, Judge Gorsuch served as a law clerk to Judge 
David B. Sentelle of the United States Court of Appeals for the 
District of Columbia. Between 1993 and 1994, he served as a law 
clerk to Justices Byron White and Anthony Kennedy. In 1995, 
Judge Gorsuch joined the law firm of Kellogg, Huber, Hansen, 
Todd, Evans & Figel, P.L.L.C. as an associate. He joined the 
partnership in 1998. In 2005, Judge Gorsuch joined the United 
States Department of Justice as Principal Deputy Associate 
Attorney General. A hearing was held on the nomination on June 
21, 2006 and it was favorably reported out of Committee by 
voice vote on July 13, 2006. Judge Gorsuch was confirmed by the 
Senate by voice vote on July 20, 2006.

   RICHARD A. GRIFFIN, UNITED STATES COURT OF APPEALS FOR THE SIXTH 
                                CIRCUIT

    President Bush re-nominated Richard A. Griffin of Michigan 
to be a judge on the United States Court of Appeals for the 
Sixth Circuit on January 7, 2003. This was the third time he 
was nominated to that court.
    Judge Griffin received a B.A., magna cum laude, from 
Western Michigan University Honors College in 1973 and a J.D. 
from University of Michigan Law School in 1977. Following law 
school, Judge Griffin spent eleven years in the private 
practice of law, first as an associate at Williams, Coulter, 
Cunningham, Davison & Read from 1977-1981, then as a partner 
from 1981-1985. In 1985, Judge Griffin founded the firm Read & 
Griffin, in Traverse City, Michigan. While in private practice, 
Judge Griffin specialized in automobile negligence, premises 
liability, products liability, and employment law. In 1988, 
Judge Griffin was elected to the Michigan Court of Appeals. 
Judge Griffin was elected to retain his seat in 1996 and again 
in 2002.
    Judge Griffin was first nominated to the Sixth Circuit on 
June 26, 2002 during the 107th Congress. At that point, no 
action was taken. Judge Griffin was re-nominated on January 7, 
2003. He had a hearing on June 16, 2004. The nomination was 
reported out of Committee on July 20, 2004, by a vote of 10-9. 
On the floor, the nomination was filibustered when a motion to 
invoke cloture failed on July 22, 2004. Although no substantive 
objections were raised with respect to Judge Griffin's 
nomination, it did encounter opposition stemming from a long 
running dispute between the Administration and home state 
senators with respect to the staffing of the federal bench in 
Michigan.
    President Bush again re-nominated Judge Griffin on February 
14, 2005. Because a hearing had already been held in the 
previous Congress (on June 16, 2004), the Committee did not 
hold a second hearing on the nomination. On May 26, 2005, the 
Committee reported Judge Griffin's nomination favorably by 
voice vote. The Senate confirmed his nomination by a vote of 
95-0 on June 9, 2005.

THOMAS B. GRIFFITH, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF 
                                COLUMBIA

    President Bush re-nominated Thomas Griffith of Utah to be a 
judge on the United States Court of Appeals for the District of 
Columbia Circuit on February 14, 2005. This was the second time 
the was nominated to that position.
    Judge Griffith graduated summa cum laude from Brigham Young 
University in 1978 and earned his J.D. from the University of 
Virginia School of Law in 1985. Following graduation from law 
school, Mr. Griffith became an associate with the law firm of 
Robinson, Bradshaw, and Hinson in Charlotte, North Carolina. In 
1989, he joined the Washington, D.C. law firm of Wiley, Rein, 
and Fielding as an associate. He was elected to the partnership 
of that firm in 1993.
    In 1995, the United States Senate, by a unanimous 
resolution sponsored by the Republican and Democratic Leaders, 
appointed Mr. Griffith to the non-partisan position of Senate 
Legal Counsel of the United States, an office he held until 
1999. As the chief legal officer of the United States Senate, 
Mr. Griffith represented the Senate, its committees, Members, 
officers, and employees in litigation relating to 
constitutional powers and privileges and advised committees 
about investigatory powers and procedures. Mr. Griffith 
represented the institutional interests of the Senate in 
numerous investigations, during the impeachment trial of 
President Clinton, and in the litigation concerning the line-
item veto, which resulted in two landmark decisions by the 
United States Supreme Court. Following his service as Senate 
Legal Counsel, Mr. Griffith returned to Wiley, Rein, and 
Fielding in 1999. In 2000, Mr. Griffith left Washington, D.C. 
to serve as Assistant to the President and General Counsel of 
Brigham Young University (BYU).
    Three issues emerged during pendency of the Griffith 
nomination for which he was attacked: (1) his failure to pay 
his DC bar dues during his service as Counsel to the United 
States Senate; (2) whether he was engaged in the unauthorized 
practice of law by working as Bringham Young University's 
General Counsel without being admitted to the Utah bar; and (3) 
his views on Title IX. Many Members of the Senate recalled 
Judge Griffith's exemplary service as Counsel to the United 
States Senate during the impeachment proceedings for President 
Clinton. Five past presidents of the Utah bar wrote to the 
Judiciary Committee explaining that in their opinion, Judge 
Griffith had conducted himself appropriately during his service 
as General Counsel to BYU.
    Judge Griffith was first nominated during the 108th 
Congress, on May 10, 2004. A hearing was held on the Griffith 
nomination on November 16, 2004. The Committee did not convene 
any executive business meetings after the hearing, so the 
nomination was not reported to the floor during the 108th 
Congress. The nomination was returned to the President on 
December 8, 2004. When Judge Griffith was re-nominated in the 
109th Congress, a second hearing was held on March 8, 2005. The 
nomination was reported out of Committee on April 14, 2005 by a 
vote of 14 to 4, and he was confirmed by the Senate on June 14, 
2005 by a vote of 73 to 24.

 THOMAS MICHAEL HARDIMAN, UNITED STATES COURT OF APPEALS FOR THE THIRD 
                                CIRCUIT

    President Bush nominated Thomas Michael Hardiman to be a 
judge on the United States Court of Appeals for the Third 
Circuit on September 13, 2006.
    Judge Hardiman received his B.A. from the University of 
Notre Dame in 1987, where he was a Notre Dame Scholar, and his 
J.D. from Georgetown University Law Center in 1990. At 
Georgetown, he was an Associate Editor and the Notes & Comment 
Editor of the Georgetown Law Journal. After law school, Judge 
Hardiman joined the Washington, D.C. office of Skadden, Arps, 
Slate, Meagher & Flom as a litigation associate. In 1992, Judge 
Hardiman joined the litigation group of Cindrich & Titus in 
Pittsburgh, which later became Titus & McConomy. In 1996, he 
was elected partner. As a partner, Judge Hardiman had an active 
civil and criminal litigation practice in federal and state 
courts. His diverse practice included cases involving real 
estate, injunctions, civil rights, securities, constitutional 
law, taxation, and non-competitive agreements. In 1999, Judge 
Hardiman joined the law firm of Reed Smith as a partner.
    In 2003, President Bush nominated Judge Hardiman to be a 
U.S. District Judge for the Western District of Pennsylvania. 
The Senate confirmed Judge Hardiman by voice vote on October 
22, 2003.
    A hearing was held on Judge Hardiman's nomination to the 
Third Circuit on November 14, 2006. No further action was taken 
on his nomination in the 109th Congress.

WILLIAM JAMES HAYNES, II, UNITED STATES COURT OF APPEALS FOR THE FOURTH 
                                CIRCUIT

    President Bush re-nominated William Haynes of Virginia to 
be a judge on the United States Court of Appeals for Fourth 
Circuit on September 5, 2006. This was the third time he was 
nominated to that position.
    Mr. Haynes graduated Phi Beta Kappa and Omicron Delta Kappa 
from Davidson College in 1980. He received a J.D. from Harvard 
Law School in 1983. After law school, Mr. Haynes clerked for 
the Honorable James B. McMillan, United States District Judge 
for the Western District of North Carolina. He then spent four 
years as an officer in the United States Army. Following his 
honorable discharge from the Army, Mr. Haynes served as Counsel 
to the Transition at the Department of Defense from January 
through April of 1989 before becoming an associate in the 
Washington, D.C. firm of Sutherland, Asbill and Brennan, where 
he handled antitrust regulation matters.
    In November of 1989, Mr. Haynes returned to government 
service, becoming the Special Assistant to the General Counsel 
of the Department of Defense. In March of 1990, he was 
nominated by President George H.W. Bush and confirmed 
unanimously by the United States Senate to serve as the General 
Counsel of the Department of the Army. Subsequent to this 
service, Mr. Haynes returned to private practice as a partner 
in the Washington, D.C. law firm of Jenner & Block where he 
worked from 1993 through 1996.
    From July of 1996 through January of 1999, Mr. Haynes was 
Associate General Counsel and Staff Vice President for General 
Dynamics Corporation, and from 1997 through 1998 he also served 
as General Counsel of General Dynamics Corporation's Marine 
Group. In May of 1999, he returned to the firm of Jenner & 
Block, again as a partner. In 2001, he returned to government 
service when he was nominated by President Bush and unanimously 
confirmed by the Senate to serve as General Counsel of the 
Department of Defense.
    A great deal of controversy surrounded the nomination, 
chiefly connected with policies adopted by the Department of 
Defense during its conduct of the Global War on Terror. 
Specifically, opponents of the nomination questioned the role 
Mr. Haynes played in developing detainee and interrogation 
policy and whether he sufficiently consulted with uniformed 
military Judge Advocates General (``JAG'') during this process. 
Several former JAG officers were signatories to a letter 
opposing the nomination. Supporters of the nomination, however, 
lauded Mr. Haynes's service during challenging times and the 
Committee received letters from senior retired military 
officers in support of the nomination.
    Mr. Haynes was first nominated on September 29, 2003 during 
the 108th Congress. A hearing was held on Mr. Haynes' 
nomination on November 11 of that year. He was reported out of 
committee favorably but returned to the President at the end of 
the Congress. During the 109th Congress, a second hearing on 
the nomination was held on July 11, 2006. His nomination was 
returned to the President on August 3, 2006. Mr. Haynes was re-
nominated on September 5, 2006, but the nomination was again 
returned to the President on September 29, 2006. The nomination 
was resubmitted on November 15, 2006 and returned on December 9 
at the end of the Congress.

 JEROME A. HOLMES, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

    President Bush nominated Jerome Holmes of Oklahoma to be a 
judge on the United States Court of Appeals for the Tenth 
Circuit on May 4, 2006. (He had previously been nominated to 
the District Court, but that nomination was withdrawn in favor 
of the Circuit Court nomination before the Committee could 
consider the nomination.)
    Judge Holmes graduated from Wake Forest University in 1983 
and Georgetown University Law Center in 1988. In 2000, he 
earned a Masters of Public Administration from Harvard's 
Kennedy School of Government. Between college and law school, 
he worked briefly as a Social Services Assistant with the D.C. 
Department of Corrections. Following law school, he clerked for 
the Honorable Wayne E. Alley on the United States District 
Court for the Western District of Oklahoma and the Honorable 
William J. Holloway on the United States Court of Appeals for 
the Tenth Circuit. Following his clerkships, Judge Holmes spent 
three years in private practice as an associate with Steptoe & 
Johnson. In 1994, he became a federal prosecutor, serving as an 
Assistant United States Attorney in the Western District of 
Oklahoma. In 2005 he returned to private practice as a director 
of the Oklahoma law firm Crowe & Dunlevy, where he focused on 
white collar criminal defense and complex civil litigation.
    Despite strong bipartisan support in Oklahoma and 
elsewhere, his nomination was opposed by the Leadership Council 
on Civil Rights and some Senators, chiefly based on positions 
Judge Holmes had taken in op-eds and other writings. The first 
African-American nominated to the Tenth Circuit, Mr. Holmes had 
written and spoken often on issues concerning race, publicly 
questioning affirmative action, strongly criticizing leaders 
such as Jesse Jackson and Al Sharpton, and endorsing school 
choice. Supporters of the nomination lauded Judge Holmes's 
commitment to public service and his willingness, as a citizen, 
to speak out on challenging public issues of the day.
    A hearing on the Holmes nomination was held on June 15, 
2006 and the nomination was reported out of Committee on July 
13, 2006 by a voice vote. The Senate confirmed Judge Holmes by 
a 67 to 30 vote on July 25, 2006.

   SANDRA SEGAL IKUTA, UNITED STATES COURT OF APPEALS FOR THE NINTH 
                                CIRCUIT

    President Bush nominated Sandra Segal Ikuta to be a judge 
on the United States Circuit Court of Appeals for the Ninth 
Circuit on February 8, 2006.
    Judge Ikuta received a B.A. from University of California-
Berkeley, Phi Beta Kappa, in 1976, a M.S. from the Columbia 
University School of Journalism in 1978, and a J.D. from 
University of California-Los Angeles in 1988. She began her 
legal career as a law clerk to the Honorable Alex Kozinski, 
United States Court of Appeals for the Ninth Circuit. Following 
her clerkship, Judge Ikuta served as a law clerk to United 
States Supreme Court Justice Sandra Day O'Connor.
    In 1990, Judge Ikuta joined the law firm of O'Melveny & 
Myers as an associate. During the early part of her career, 
Judge Ikuta specialized in environmental legal issues for 
litigation purposes, as well as real estate and natural 
resource transactions. In 1994, Judge Ikuta's focus slightly 
changed to include environmental compliance and pre-litigation 
matters, including assisting clients with environmental audits 
and property contamination issues.
    In 1997, Judge Ikuta was promoted to partner at O'Melveny, 
and she became the Co-Chair of the Environmental Law practice 
group. In this capacity, she continued to focus on 
environmental litigation, transactions, and compliance. Judge 
Ikuta left the law firm in 2004 to become Deputy Secretary and 
General Counsel for the California Resources Agency.
    A hearing on the Ikuta nomination was held on May 2, 2006, 
and the nomination was reported out of Committee on May 25, 
2006 by a voice vote. The Senate confirmed Judge Ikuta by a 81 
to 0 vote on June 19, 2006.

  KENT A. JORDAN, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

    President Bush nominated Judge Kent A. Jordan of Delaware 
to be a Judge on the United States Court of Appeals for the 
Third Circuit on June 28, 2006.
    Judge Jordan earned his B.A., with honors, from Brigham 
Young University in 1981. He received his J.D., cum laude, from 
the Georgetown University Law Center in 1984. Following law 
school, he served as a law clerk to the Honorable James L. 
Latchum, United States District Judge for the District of 
Delaware, from 1984 to 1985. From 1985 to 1987, he served as an 
associate at Potter, Anderson & Corroon LLP. In 1987, he 
entered public service as an Assistant United States Attorney 
in the United States Attorney's Office for the District of 
Delaware. He returned to private practice in 1992 when he 
joined Morris, James, Hitchens & Williams as an associate. Two 
years later, he was elected to the partnership. In 1998 Judge 
Jordan left the firm to become Vice-President and General 
Counsel for the Corporation Service Company in Wilmington, 
Delaware. He remained in that position until 2002, when he was 
nominated and confirmed by a voice vote to be United States 
District Judge for the District of Delaware.
    A hearing on Judge Jordan's nomination was held on 
September 6, 2006. This nomination had the support of both home 
state Democrats and was not considered controversial. The 
nomination was favorably reported out of Committee by voice 
vote on September 26, 2006. The Senate confirmed Judge Jordan 
by a 91-0 vote on December 8, 2006.

  BRETT KAVANAUGH, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF 
                                COLUMBIA

    President Bush re-nominated Brett Kavanaugh to be a judge 
on the United States Court of Appeals for the D.C. Circuit on 
January 25, 2006. This was the third time he was nominated to 
that position.
    Judge Kavanaugh received his B.A. from Yale College in 1987 
and his J.D. from Yale Law School in 1990, where he served as 
the Notes Editor on the Yale Law Journal. After graduating from 
law school, he served three prestigious clerkships. First, he 
clerked for the Honorable Walter K. Stapleton on the United 
States Court of Appeals for the Third Circuit. Then he clerked 
for the Honorable Alex Kozinski on the United States Court of 
Appeals for the Ninth Circuit. Following these two appellate 
clerkships, Judge Kavanaugh served for one year as an attorney 
in the Office of the Solicitor General, before beginning a 
clerkship with Justice Anthony M. Kennedy of the United States 
Supreme Court.
    Following his Supreme Court clerkship, Judge Kavanaugh 
served in the Office of Independent Counsel under Judge Kenneth 
Starr. He was responsible for briefs and arguments regarding 
privilege and other legal matters that arose during 
investigations conducted by the Office. Judge Kavanaugh was 
part of the team that prepared the 1998 report to Congress 
regarding possible grounds for impeachment of the President of 
the United States. Later, in private practice as a partner with 
Kirkland & Ellis, Judge Kavanaugh worked primarily on appellate 
and pre-trial briefs in commercial and constitutional 
litigation. Beginning in 2001, Judge Kavanaugh served in the 
White House, first as an Associate White House Counsel, then as 
Senior Associate White House Counsel, and beginning in 2003 as 
Staff Secretary.
    This nomination drew strong opposition from Members of the 
Minority who claimed Judge Kavanaugh's experience was 
excessively partisan and provided insufficient preparation for 
a seat on the D.C. Circuit. Additionally, some critics raised 
questions about whether Judge Kavanaugh had any role in 
authorizing the NSA wiretapping program, though there is no 
reason to believe he did.
    After he was first nominated in 2003, Judge Kavanaugh 
received a Majority Well Qualified, Minority Qualified rating 
from the American Bar Association. After his re-nomination in 
the 109th Congress, Judge Kavanaugh received a Majority 
Qualified, Minority Well Qualified rating. The curious 
downgrade in his rating, which was accompanied by some 
anonymous criticisms of the nominee's fairness and courtroom 
performance, was highlighted by critics of the nomination as 
cause for additional opposition and a new round of hearings. 
Others pointedly criticized the American Bar Association for 
downgrading a nominee's rating without apparent cause. The 
Committee held a for-the-record conference call with the ABA on 
May 8, 2006 but did not invite the organization to formally 
appear before the Committee.
    Judge Kavanaugh was first nominated during the 108th 
Congress on July 25, 2003. A hearing was held on the nomination 
on April 27, 2004. At that time, no further action was taken on 
the nomination. A second hearing on the nomination was held 
during the 109th Congress, on May 9, 2006. The nominee was 
reported out of Committee by a 10-8 party line vote on May 11, 
2006. On the floor of the Senate, cloture was invoked on the 
nomination on May 25 by a vote of 67-30, and on May 26, Judge 
Kavanaugh was confirmed by a vote of 57-36.

   PETER KEISLER, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF 
                                COLUMBIA

    On June 29, 2006, President Bush nominated Peter Keisler of 
Maryland to be a Judge of the United States Court of Appeals 
for the District of Columbia.
    Peter Keisler received a B.A., magna cum laude, from Yale 
University in 1981 and a J.D. from Yale Law School in 1985. 
Following law school, he clerked for Judge Robert H. Bork of 
the United States Court of Appeals for the D.C. Circuit. In 
1986, Mr. Keisler joined the Office of the Counsel to President 
George H.W. Bush as an Assistant Counsel, and in 1987 was 
promoted to Associate Counsel to the President. In 1988, Mr. 
Keisler accepted a clerkship with Justice Anthony M. Kennedy of 
the United States Supreme Court.
    Following his Supreme Court clerkship, Mr. Keisler joined 
the Washington, D.C. office of Sidley & Austin as an associate, 
becoming a partner in 1993. Mr. Keisler's practice focused 
primarily on litigation and regulatory matters, specializing in 
general appellate litigation, telecommunications regulation, 
and professional liability.
    In 2002, Mr. Keisler left private practice to join the 
United States Department of Justice as Principal Deputy 
Associate Attorney General. From October 2002 to March 2003, he 
served as Acting Associate Attorney General, and in April of 
2003, he was nominated by President Bush to serve as Assistant 
Attorney General for the Civil Division. He was confirmed by 
the Senate in June of 2003 by a voice vote.
    A hearing was held on the Keisler nomination on August 1, 
2006. Nevertheless, Mr. Keisler's nomination was not reported 
to the floor by the Committee during the 109th Congress. The 
nomination was resubmitted on November 15, 2006 and returned on 
December 9 at the end of the Congress.

  RAYMOND M. KETHLEDGE, UNITED STATES COURT OF APPEALS FOR THE SIXTH 
                                CIRCUIT

    President Bush nominated Raymond M. Kethledge to be a Judge 
on the United States Court of Appeals for the Sixth Circuit on 
June 28, 2006.
    Mr. Kethledge received a B.A. from the University of 
Michigan in 1989 and a J.D., magna cum laude, from the 
University of Michigan Law School in 1993. After graduating 
from law school, Mr. Kethledge served as a law clerk to the 
Honorable Ralph B. Guy, Jr. of the United States Court of 
Appeals for the Sixth Circuit. Following his clerkship, he 
worked briefly as an associate with Sidley & Austin before 
leaving the firm to serve as judiciary counsel to Senator 
Spencer Abraham. Mr. Kethledge worked for Senator Abraham for 
two years as counsel until he became a law clerk to Justice 
Anthony Kennedy of the United States Supreme Court in 1997.
    After his Supreme Court clerkship, Mr. Kethledge returned 
to private practice as an associate with the Michigan law firm 
of Honigman, Miller, Schwartz & Cohn before becoming a partner 
at that firm in 2001. Mr. Kethledge focused on commercial 
litigation for a variety of different clients. In 2001, Mr. 
Kethledge accepted a position as in-house counsel for the Ford 
Motor Company, handling product liability matters.
    In 2002, Mr. Kethledge left Ford to return to an active 
court practice and joined Feeney, Kellett, Weinner & Bush as a 
partner. While at the firm, Mr. Kethledge primarily briefed and 
argued appellate cases, class actions, and complex motions. In 
2003, Mr. Kethledge left Feeney, Kellett, Weinner & Bush to 
create his own firm, which was initially known as Bush, 
Seyferth & Kethledge, until becoming Bush, Seyferth, Kethledge 
& Paige. Mr. Kethledge's current practice focuses on briefing 
and arguing appeals, class action cases, and commercial 
litigation at the trial court level.
    Mr. Kethledge did not receive a hearing during the 109th 
Congress because the Michigan Senators declined to return blue 
slips.

  DEBRA A. LIVINGSTON, UNITED STATES COURT OF APPEALS FOR THE SECOND 
                                CIRCUIT

    On June 28, 2006, President Bush nominated Professor Debra 
Livingston to the United States Court of Appeals for the Second 
Circuit.
    Professor Livingston graduated magna cum laude from 
Princeton University in 1980 and magna cum laude from Harvard 
Law School in 1984. Upon graduating from law school, Professor 
Livingston worked as a law clerk to the Honorable J. Edward 
Lumbard of the United States Court of Appeals for the Second 
Circuit. After her clerkship, she joined the firm of Paul, 
Weiss, Rifkind, Wharton & Garrison as an associate in 1985. The 
following year, she became an Assistant U.S. Attorney in the 
Office of the U.S. Attorney of the Southern District of New 
York. Professor Livingston returned to Paul, Weiss in 1991 and 
left the firm the following year to become a law professor. She 
worked as an assistant professor at the University of Michigan 
Law School until 1994, when she joined the faculty of Columbia 
Law School as an associate professor. She became a full 
professor in 2000 and in 2004 became the Paul J. Kellner 
Professor of Law.
    Neither New York senator returned a blue slip on this 
nomination, and no hearing was held in the 109th Congress.

DAVID W. MCKEAGUE, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

    President Bush re-nominated David W. McKeague to be a Judge 
on the United States Court of Appeals for the Sixth Circuit on 
February 14, 2005. This was the third time he was nominated to 
that position.
    Judge McKeague received a B.A. from the University of 
Michigan in 1968 and a J.D. from the University of Michigan Law 
School in 1971. Upon graduation from law school, he joined the 
law firm of Foster, Swift, Collins & Smith in Lansing, 
Michigan. He was later elected a shareholder and director of 
the firm. Judge McKeague served on the firm's Executive 
Committee in various offices and was chairman of the firm's 
Government and Commerce Department. In 1992, Judge McKeague was 
confirmed to be a judge on the United States District Court for 
the Western District of Michigan.
    Judge McKeague was first nominated to the Court of Appeals 
during the 107th Congress on November 8, 2001. Although there 
were no substantive objections to this nomination, a long 
running dispute between home state Senators and the White House 
delayed action. He was re-nominated during the 108th Congress 
on January 7, 2003. A hearing was held June 16, 2004. Judge 
McKeague was reported favorably out of Committee, but on the 
floor, the nomination was filibustered when a motion to invoke 
cloture failed on July 22, 2004. He was re-nominated during the 
109th congress, but an additional hearing was not held. 
Instead, Judge McKeague was placed on the agenda and reported 
out of Committee on a voice vote on May 26, 2005. The Senate 
confirmed his nomination by a vote of 96 to 0 on June 9, 2005.

    KIMBERLY ANN MOORE, U.S COURT OF APPEALS FOR THE FEDERAL CIRCUIT

    President Bush nominated Kimberly Ann Moore to be a Judge 
on the United States Circuit Court of Appeals for the Federal 
Circuit on May 18, 2006.
    Judge Moore received a B.S. from the Massachusetts 
Institute of Technology in 1990, a M.S. from the Massachusetts 
Institute of Technology in 1991, and a J.D. from Georgetown 
University Law Center in 1994. She began her legal career as an 
associate at Kirkland & Ellis working on intellectual property 
matters. In 1995, Judge Moore accepted a clerkship with the 
Honorable Glenn L. Archer, Jr., Chief Judge of the United 
States Court of Appeals for the Federal Circuit. Following her 
two-year clerkship, Professor Moore entered academia as an 
Assistant Professor of Law at Chicago-Kent College of Law. From 
1998 to 1999, she was Associate Director of the Intellectual 
Property Law Program at Chicago-Kent. In 1999, Professor Moore 
joined the faculty at the University of Maryland School of Law 
before joining the faculty at George Mason University School of 
Law in 2000. At the time of her nomination, Judge Moore was a 
Professor of Law at George Mason University School of Law.
    As an academic, Judge Moore focused on patent law and 
patent litigation. She was retained as an expert witness in 
numerous patent cases in the district courts and as a 
consultant on many Federal Circuit appeals.
    A hearing on the Moore nomination was held on June 28, 2006 
and the nomination was reported out of Committee by voice vote 
on July 27, 2006. The Senate confirmed her nomination by a vote 
of 92 to 0 on September 5, 2006.

  STEPHEN J. MURPHY III, UNITED STATES COURT OF APPEALS FOR THE SIXTH 
                                CIRCUIT

    President Bush nominated Stephen J. Murphy, III, of 
Michigan, to be a judge on the United States Court of Appeals 
for the Sixth Circuit on June 28, 2006.
    Mr. Murphy received a B.S. degree from Marquette University 
in 1984 and received his J.D. from St. Louis University in 
1987. Upon graduation from law school, Mr. Murphy was accepted 
into the Department of Justice's prestigious honors program and 
served as a trial attorney in the Civil Division's Federal 
Programs Branch until 1990, when he transferred to the Tax 
Division. In 1992, he joined the U.S Attorney's office for the 
Eastern District of Michigan, as an Assistant United States 
Attorney. As a federal prosecutor, he prosecuted almost all 
categories of federal offenses, with emphasis on criminal tax 
matters and white collar fraud, including securities, banking, 
foreign currency trading, high tech computer crimes, and 
intellectual property.
    In 2000, Mr. Murphy left the United States Attorney's 
office to work as in-house counsel to General Motors, a 
position which enabled him to handle ``white collar'' criminal 
and civil matters involving GM. In 2005, Mr. Murphy became the 
U.S Attorney for the Eastern District of Michigan.
    Blue slips were not returned on the nomination during the 
109th Congress, and no hearing was held on his nomination.

  WILLIAM MYERS, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    President Bush re-nominated William Myers of Idaho to be a 
judge on the United States Court of Appeals for the Ninth 
Circuit on September 5, 2006. This was the third time he was 
nominated for that position.
    Mr. Myers received his B.A. from the College of William & 
Mary in 1977 and his J.D. from the University of Denver College 
of Law in 1981. His legal career began in 1981, when he joined 
the firm of Davis & Cannon as an associate attorney and 
practiced general civil litigation and appellate advocacy. Four 
years later, he joined the staff of Senator Alan Simpson as a 
legislative counsel, where he served as the principal advisor 
to the senator on public land issues and Judiciary Committee 
matters. In 1989, Mr. Myers joined the Department of Justice as 
the Assistant to the Attorney General. From 1992 to 1993 he 
served as Deputy Counsel for Programs at the Department of 
Energy, where he advised on matters pertaining to international 
energy, government contracting, civilian nuclear programs, and 
power marketing. Mr. Myers joined the National Cattleman's Beef 
Association (NCBA) in 1993 and served as both the Director, 
Federal Lands for NCBA, and Executive Director, Public Lands 
Council, until 1997, when he joined the law firm of Holland & 
Hart, LLP. Two years later, he was confirmed by the United 
States Senate to serve as Solicitor for the United States 
Department of the Interior. Mr. Myers held that position until 
the fall of 2003, when he returned to Holland & Hart.
    The nomination drew opposition from some environmental and 
Native American groups that objected to Mr. Myers's perceived 
ties to mining interests. They also objected to some of the 
legal positions he argued as Solicitor at the Department of the 
Interior. In particular, his involvement in a settlement 
entered into during his tenure at Interior has been the subject 
of controversy. The Justice Department's Office of Public 
Integrity conducted an investigation and concluded that there 
was no evidence Mr. Myers intentionally misled the Committee 
when he testified that he did not know about the problematic 
settlement. Nevertheless, the Myers nomination was specifically 
excluded from the agreement not to filibuster judicial nominees 
executed by the so-called Gang of 14 in the spring of 2005.
    Mr. Myers was first nominated during the 108th Congress, on 
May 15, 2003. The first nomination hearing for Mr. Myers was 
held on February 5, 2004. The nomination was reported out of 
Committee on April 1, 2004 but encountered a successful 
filibuster on the floor when a motion to invoke cloture failed 
by a vote of 53 to 44 on July 20, 2004. The nomination was 
returned to the President on December 8 of that same year. Mr. 
Myers was re-nominated in the 109th Congress and a second 
hearing on his nomination was held on March 1, 2005. The 
nomination was again reported out of Committee on March 17, 
2005 and remained on the executive calendar until the 
nomination was returned on August 3, 2006. The President re-
submitted Mr. Myers' nomination on September 5, 2006. It was 
again returned on the 29th of that month. The nomination was 
again submitted on November 15, 2006 and returned on December 9 
at the end of the Congress.

 SUSAN B. NEILSON, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

    President Bush re-nominated Susan B. Neilson of Michigan to 
be a judge on the United States Court of Appeals for the Sixth 
Circuit on February 14, 2005. This was the third time she was 
nominated for that position.
    Judge Neilson earned her A.B. in 1977 from the University 
of Michigan, where she graduated Phi Beta Kappa. She earned her 
J.D., cum laude, in 1980 from Wayne State University Law 
School. Following law school, Judge Neilson worked as an 
associate and then a partner with Dickinson, Wright in Detroit. 
In 1991, Judge Neilson was appointed to serve as a judge on 
Michigan's Third Judicial Circuit. She was re-elected in 1996 
and 2002.
    Judge Neilson was first nominated during the 107th 
Congress, on November 8, 2001. No action was taken on the 
nomination during that Congress, due to a longstanding dispute 
between the White House and Michigan Senators. She was re-
nominated during the 108th Congress, on January 7, 2003. 
Although the nomination did receive a hearing on September 8, 
2004 and was reported favorably out of Committee, it was 
returned to the president at the end of the congress following 
no action on the senate floor. During the 109th Congress, the 
nomination was reported out of Committee on October 20, 2005. 
The Senate unanimously confirmed Judge Neilson on October 27, 
2005.

PRISCILLA R. OWEN, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

    President Bush re-nominated Priscilla Richman Owen of Texas 
to be a judge on the United States Court of Appeals for the 
Fifth Circuit on February 14, 2005. This was the fourth time 
she was nominated to that position.
    Judge Owen received her B.A., cum laude, from Baylor 
University and received her J.D., cum laude, from Baylor Law 
School in 1977. After law school, Baylor honored Judge Owen as 
the Baylor Young Lawyer of the Year and as a Baylor University 
Outstanding Young Alumna. She received the highest score on the 
Texas Bar Examination. Judge Owen began her legal practice with 
the Houston law firm of Andrews & Kurth L.L.P. first as an 
associate, later she became a partner. In 1994, Judge Owen was 
elected to be a Justice on the Supreme Court of Texas, and she 
was reelected in 2000.
    During her tenure on the Texas Supreme Court, Judge Owen 
served as the liaison to the Supreme Court of Texas' Court-
Annexed Mediation Task Force and to statewide committees 
promoting legal services to the poor and pro bono legal 
services. She was part of a committee that successfully 
encouraged the Texas Legislature to enact legislation that 
resulted in millions of dollars per year in additional funds 
for providers of legal services to the poor. Judge Owen also 
served as a member of the board of the A.A. White Dispute 
Resolution Institute.
    Judge Owen was first nominated to the Fifth Circuit during 
the 107th Congress, on May 9, 2001. Opponents of the nomination 
focused on a series of opinions she wrote as a Justice on the 
Texas Supreme Court interpreting the Texas Parental 
Notification Act. That statute required a minor seeking an 
abortion to first notify one of her parents, or else secure a 
judicial bypass.
    No action was taken on her nomination prior to the August 
recess of that year and, on August 3, 2001, Judge Owen's 
nomination was returned to the White House. On September 4, 
2001, President Bush re-nominated Judge Owen. A hearing was 
held on the nomination on July 23, 2002. The Committee rejected 
a motion to favorably report the nomination to the floor by a 
vote of 9 to 10 on September 5, 2002. Her nomination was 
returned to the White House on November 20, 2002.
    President Bush re-nominated Judge Owen in the 108th 
Congress, on January 7, 2003. On March 13, 2003, the Committee 
held another hearing on Judge Owen's nomination. On March 27, 
2003, the Committee favorably reported Judge Owen's nomination 
by a party-line vote of 10 to 9 and placed it on the Senate 
calendar. The Senate considered Judge Owen's nomination, but 
the minority mounted a successful filibuster when a motion to 
invoke cloture failed on May 1, 2003, by a vote of 52 to 44. On 
May 8, 2003, a second motion to invoke cloture failed by a vote 
of 52 to 45. A third motion failed 53 to 43 on July 29, 2003, 
and a fourth failed on November 14, 2003 by a vote of 53 to 43. 
On December 8, 2004, Judge Owen's nomination was returned to 
the White House.
    President Bush re-nominated Judge Owen in the 109th 
Congress. No additional hearing was held on the nomination and 
the Committee again reported Judge Owen's nomination favorably 
by a party-line vote of 10 to 8 on April 21, 2005. A motion to 
invoke cloture on the nomination was presented in the Senate on 
May 20, 2005. At that time, it was uncertain whether the Senate 
would invoke cloture on her nomination. The ``Gang of 14'' 
agreement announced on May 23, 2005, ensured that cloture would 
be invoked. The Senate invoked cloture on Judge Owen's 
nomination by a vote of 81 to 18 on May 24, 2005. The Senate 
confirmed the nomination by a vote of 55-43 on May 25, 2005.

 WILLIAM PRYOR, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

    President Bush re-nominated William Pryor of Alabama to be 
a judge on the United States Court of Appeals for the Eleventh 
Circuit on February 14, 2005. This was the third time he was 
nominated to that position.
    Judge Pryor earned his B.A. from Northeast Louisiana 
University in 1984 and his J.D. from Tulane University School 
of Law in 1987, where he served as Editor in Chief of the 
Tulane Law Review. Following law school, he served as a law 
clerk to the Honorable John Minor Wisdom of the United States 
Court of Appeals for the Fifth Circuit. He entered private 
practice in 1988 when he joined the firm of Cabaniss, Johnston, 
Gardner, Dumas & O'Neal as an associate. While in private 
practice he also worked as an adjunct professor at the 
Cumberland School of Law. In 1995, Judge Pryor entered public 
service as the Deputy Attorney General for Alabama. Two years 
later, he became the state's Attorney General.
    Judge Pryor was first nominated during the 108th Congress 
on April 9, 2003. Critics of the nomination focused on some 
comments Judge Pryor had made regarding social policy issues, 
particularly those related to homosexuality and abortion. They 
also objected to his reputation as a political conservative. A 
hearing was held on the nomination on June 11, 2003, and it was 
reported out of Committee by a vote of 10 to 9 on July 23, 
2003. Opponents of the nomination mounted a successful 
filibuster when two attempts to invoke cloture failed, the 
first, on July 31, 2003, by a vote of 53 to 44, the second on 
November 6, 2003, by a vote of 51 to 43. On February 20, 2004, 
President Bush recess appointed Judge Pryor to serve on the 
bench. The nomination was returned to the President on December 
8, 2004.
    Following the re-nomination in the 109th Congress, no 
additional hearing was held on the nomination. It was favorably 
reported out of Committee on May 12, 2005. On June 8, 2005, 
following the so-called ``Gang of Fourteen'' agreement, cloture 
was successfully invoked on the nomination by a vote of 67 to 
32, and the nomination was confirmed by the Senate one day 
later by a vote of 53 to 45.

    HENRY SAAD, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

    President Bush re-nominated Henry Saad of Michigan to be a 
judge on the United States Court of Appeals for the Sixth 
Circuit on February 14, 2005. This was the third time he was 
nominated to that position.
    Judge Saad earned his B.S. and B.A., with distinction, from 
Wayne State University in 1971. He graduated from Wayne State 
University Law School magna cum laude in 1974. After law 
school, he spent 20 years in private practice with one of 
Michigan's leading firms, Dickinson, Wright PLLC, first as an 
associate from 1974-1981, then as a partner from 1981-1994. In 
addition, he was an Adjunct Professor at both the University of 
Detroit Mercy School of Law and at Wayne State University Law 
School.
    In 1994 Judge Saad was appointed to the Michigan Court of 
Appeals and was elected to retain his seat in 1996 and again in 
2002. In October 1992, he was nominated by President George 
H.W. Bush to be United States District Judge for the Eastern 
District of Michigan. No action was taken on his nomination 
prior to the adjournment of the 102nd Congress later that 
month.
    Judge Saad was first nominated to the Sixth Circuit during 
the 107th Congress, on November 8, 2001, but no hearing was 
held because both Michigan senators refused to turn in blue 
slips. During the 108th Congress, both Michigan senators 
returned negative blue slips on the nomination. A hearing was 
held on the nomination during the 108th Congress on July 30, 
2003, and his nomination was reported out of Committee by a 
vote of 10 to 9 on June 17, 2004. Opponents of the nomination 
mounted a successful filibuster when a motion to invoke cloture 
on the nomination failed by a vote of 52 to 46 on July 22, 
2004. The nomination was returned to the President on December 
8, 2004. In the 109th, the Michigan senators again refused to 
return blue slips. No action was taken on the nomination. A 
message of withdrawal from the President was received on March 
29, 2006.

   BOBBY E. SHEPHERD, UNITED STATES COURT OF APPEALS FOR THE EIGHTH 
                                CIRCUIT

    President Bush nominated Bobby E. Shepherd of Arkansas to 
the United States Court of Appeals for the Eighth Circuit on 
May 18, 2006.
    Judge Shepherd received his B.A., cum laude, from Ouachita 
Baptist University in 1973 and his J.D., with high honors, from 
the University of Arkansas School of Law in 1976. Upon 
graduating from law school, he embarked on a career as a 
general practitioner in western Arkansas. He practiced either 
as a solo practitioner or in small partnerships until 1991, 
when he was elected Circuit-Chancery Court Judge in Arkansas's 
13th Judicial District. Beginning in 1993, he served as a 
United States Magistrate Judge in the Western District of 
Arkansas.
    A hearing was held on the nomination on June 28, 2006 and 
it was favorably reported out of Committee by voice vote on 
July 13, 2006. Judge Shepherd was confirmed by the Senate by 
voice vote on July 20, 2006.

   MILAN D. SMITH, JR., UNITED STATES COURT OF APPEALS FOR THE NINTH 
                                CIRCUIT

    President Bush nominated Milan D. Smith, Jr. of California 
to be a judge on the United States Court of Appeals for the 
Ninth Circuit on February 14, 2006.
    Judge Smith graduated from Brigham Young University cum 
laude with a B.A. in 1966 and received his J.D. from the 
University of Chicago Law School in 1969. Following law school, 
Judge Smith joined the Los Angeles office of O'Melveny & Myers 
where he specialized in corporate and real estate law. In 1972, 
Judge Smith left O'Melveny to form his own firm, and continued 
to focus on complex transactional matters. In 1988, Judge Smith 
was appointed to serve as a Commissioner of the California Fair 
Employment and Housing Commission. He remained on the 
Commission until 1991.
    A hearing on the nomination was held on April 25, 2006 and 
it was reported out of Committee by a voice vote on May 4, 
2006. Judge Smith was confirmed unanimously on May 16, 2006.

  N. RANDY SMITH, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    President Bush nominated N. Randy Smith of Idaho to be a 
judge on the United States Court of Appeals for the Ninth 
Circuit on December 16, 2005.
    Judge Smith received his B.S. from Brigham Young University 
in 1974 and his J.D. from the same school in 1977 where he 
wrote for the Idaho Law Review. For the first four years of his 
legal practice, he worked in house as a corporate attorney for 
a private company. In 1981, he joined the Idaho law firm of 
Merrill & Merrill as an associate handling corporate and 
insurance defense litigation. He later became a partner at the 
firm and remained there until his election to the Idaho 
District Court in 1996. In 2002, he became Administrative Judge 
for his district.
    The nomination drew sharp opposition from California's 
senators. Although they had no substantive objections to the 
nominee, they argued that the seat to which he had been 
nominated was traditionally a California seat and that the 
nomination should have been given to a nominee from their 
state. One of the senators from California threatened to 
filibuster the nomination on the Senate floor. Idaho's senators 
strongly argued to the contrary, maintaining that the seat was 
properly considered an Idaho seat because that's where its most 
recent occupant holds his chambers.
    A hearing on the nomination was held on March 1, 2006 and 
it was reported out of Committee by a voice vote on April 4, 
2006. The nomination was returned to the President on August 3, 
2006. The nomination was re-submitted by the President on 
September 5, 2006 and was reported out of Committee again on 
September 21, 2006. The nomination was returned to the 
President on September 29, 2006. The nomination was resubmitted 
on November 15, 2006 and returned on December 9 at the end of 
the Congress.

   MICHAEL B. WALLACE, UNITED STATES COURT OF APPEALS FOR THE FIFTH 
                                CIRCUIT

    President Bush nominated Michael B. Wallace of Mississippi 
to be a judge on the United States Court of Appeals for the 
Fifth Circuit on February 8, 2006.
    Mr. Wallace received his B.A., cum laude, from Harvard 
University in 1973 and his J.D. from the University of Virginia 
Law School in 1976 where he was elected Order of the Coif. 
After law school, he clerked for Justice Harry G. Walker of the 
Mississippi Supreme Court and for then-Associate Justice 
William H. Rehnquist on the United States Supreme Court. 
Following his clerkship, he returned to Mississippi and 
replaced his father in a small Biloxi legal partnership, Sekul, 
Hornsby, Wallace & Teel.
    From 1980 to 1983, Mr. Wallace worked for then-Congressman 
Trent Lott, first as a research assistant for the Republican 
Research Committee and then, following Lott's election as 
Republican Whip, as counsel in the Whip's office. Before 
returning to Mississippi, he worked briefly as a legislative 
consultant for the Administrative Conference of the United 
States. In 1983, he became an associate with the Mississippi 
firm of Jones, Mockbee & Bass and became a partner after the 
firm merged with Phelps Dunbar. He quickly developed a 
reputation as one of the finest appellate litigators in the 
nation.
    Mr. Wallace received a unanimous ``not qualified'' rating 
from the American Bar Association. After reviewing the ABA's 
rating, Chairman Specter exchanged a series of letters with ABA 
President Michael Greco and the then-Chairman of the Standing 
Committee on the Federal Judiciary (``SCFJ''), Stephen Tober. 
In those letters, Chairman Specter invited the ABA to testify 
at a hearing concerning Mr. Wallace's nomination and asked the 
ABA to provide the Senate Judiciary Committee with the reports 
and materials supporting Wallace's ``not qualified'' rating. He 
also raised serious questions about the ABA's ratings 
procedures, most particularly its reliance on anonymous sources 
and unattributed quotes. Finally, he asked that the ABA conduct 
a new investigation of Mr. Wallace and that certain individuals 
who were perceived to have a personal bias against the nominee 
be exclude from that review.
    After the Chairman's second letter requesting the reports 
and materials, the ABA retained former Solicitor General Ted 
Olson to respond to the Chairman's concerns with the ABA rating 
process. Mr. Olson's letter claimed that the ABA was making 
``certain modifications'' to its policies and procedures to 
satisfy Chairman Specter's concerns. These modifications 
included: (1) a strengthening of recusal procedures; (2) 
clarification of existing policies to give the nominee and the 
Committee greater context of adverse information; and (3) no 
publication of unattributed, negative quotations in the ABA's 
public testimony when a nominee receives a ``not qualified'' 
rating. After agreeing to these modifications, the ABA 
performed a supplemental review of Mr. Wallace's nomination in 
accordance with the ABA's standard procedure of doing so in the 
wake of a re-nomination. The ABA's review, however, was only 
``supplemental'', it was not the de novo review the Chairman 
requested. Again, the ABA rated Mr. Wallace ``not qualified.''
    On September 26, 2006, the Committee held a hearing on Mr. 
Wallace's nomination, which included testimony from members of 
the ABA's Standing Committee on the Federal Judiciary who 
participated in the evaluation of Mr. Wallace. The ABA 
witnesses testified that the ``not qualified'' rating was based 
solely on allegations that Mr. Wallace did not have the 
requisite judicial temperament to be a judge. In both written 
and delivered testimony, the ABA members asserted that the ABA 
followed the proper procedures during Mr. Wallace's rating 
process and that Mr. Wallace was given the opportunity to rebut 
specific allegations as required by the ABA's own stated 
policies. However, Mr. Wallace testified that he was not given 
the opportunity to rebut these allegations because he was not 
provided with the specific basis for the allegations, and the 
allegations came from anonymous sources.
    During questioning by one senator, the Chair of the SCFJ 
admitted that the ABA had not made changes to its procedures.
    During the hearing, Mr. Wallace also discussed his prior 
relationship with Stephen Tober, the former Chair of the SCFJ, 
and the well-known public conflicts he had with Mr. Tober in 
the past. Despite knowing of these conflicts prior to rating 
Wallace, the ABA members insisted that Mr. Tober should not 
have recused himself from the rating process. However, under 
questioning the current Chair of the SCFJ agreed that there was 
at least an appearance of impropriety of the kind that would 
argue for recusal in a judicial proceeding.
    In addition, senators questioned the ABA panel about the 
apparent institutional bias against Mr. Wallace. Senators also 
questioned the ABA about the rating process and its reliance on 
anonymous sources to be used against a nominee without giving 
them an opportunity to rebut the allegations. Further, the 
hearing revealed significant evidence, which suggests that the 
ABA rating did not fairly represent Mr. Wallace's civility and 
temperament in its report. While the ABA's testimony alluded to 
anonymous comments calling into question Mr. Wallace's civility 
and demeanor, the outside witnesses, both Democrats and 
Republicans who know Mr. Wallace personally, all spoke to the 
contrary at the hearing.
    The nomination was returned to the White House on August 3, 
2006. President Bush re-nominated him on September 5, 2006. On 
September 29, 2006, Mr. Wallace's nomination was returned to 
the White House for the second time. The nomination was 
resubmitted on November 15, 2006 and returned on December 9 at 
the end of the Congress.

                   COURT OF APPEALS JUDGES CONFIRMED

    During the course of the 109th Congress, the following 
court of appeals judges were confirmed:

Janice R. Brown (DC Circuit)
Michael A. Chagares (3rd Circuit)
Neil M. Gorsuch (10th Circuit)
Richard A. Griffin (6th Circuit)
Thomas B. Griffith (DC Circuit)
Jerome A. Holmes (10th Circuit)
Sandra Segal Ikuta (9th Circuit)
Kent A. Jordan (3rd Circuit)
Brett M. Kavanaugh (DC Circuit)
David W. McKeague (6th Circuit)
Kimberly Ann Moore (Federal Circuit)
Susan Bieke Neilson (6th Circuit)
Priscilla Richman Owen (5th Circuit)
William H. Pryor (11th Circuit)
Bobby E. Shepherd (8th Circuit)
Milan D. Smith, Jr. (9th Circuit)
            3. DISTRICT COURTS
    During the course of the 109th Congress, the Committee on 
the Judiciary reported out 48 district court judges, 35 of whom 
were confirmed by the Senate:

Michael Ryan Barrett (Southern District of Ohio)
Timothy C. Batten, Sr. (Northern District of Georgia)
Francisco Augusto Besosa (District of Puerto Rico)
Joseph Frank Bianco (Eastern District of New York)
Rene Marie Bumb (District of New Jersey)
Timothy Mark Burgess (District of Alaska)
Brian M. Cogan (Eastern District of New York)
Robert J. Conrad (Western District of North Carolina)
Sean F. Cox (Eastern District of Michigan)
Paul A. Crotty (Southern District of New York)
Aida M. Delgado-Colon (District of Puerto Rico)
James C. Dever, III (Eastern District of North Carolina)
Kristi DuBose (Southern District of Alabama)
Gustavo Antonio Gelpi (District of Puerto Rico)
Thomas M. Golden (Eastern District of Pennsylvania)
Andrew J. Builford (Central District of California)
Noel Lawrence Hillman (District of New Jersey)
Thomas E. Johnston (Southern District of West Virginia)
Daniel Porter Jordan, III (Southern District of Mississippi)
Virginia Mary Kendall (Northern District of Illinois)
Stephen G. Larson (Central District of California)
Thomas L. Ludington (Eastern District of Michigan)
Harry Sandlin Mattice, Jr. (Eastern District of Tennessee)
Gray Hampton Miller (Southern District of Texas)
Brian Edward Sandoval (District of Nevada)
Patrick Joseph Schiltz (District of Minnesota)
J. Michael Seabright (District of Hawaii)
Peter G. Sheridan (District of New Jersey)
John Richard Smoak (Northern District of Florida)
Gregory F. Van Tatenhove (Eastern District of Kentucky)
Eric Nicholas Vitaliano (Eastern District of New York)
W. Keith Watkins (Middle District of Alabama)
Frank D. Whitney (Western District of North Carolina)
Susan Davis Wigenton (District of New Jersey)
Jack Zouhary (Northern District of Ohio)
            4. OTHER COURTS

      LEO MAURY GORDON, UNITED STATES COURT OF INTERNATIONAL TRADE

    President Bush nominated Leo M. Gordon of New Jersey to be 
a judge on the United States Court of International Trade on 
November 10, 2005.
    Judge Gordon received his A.B. from the University of North 
Carolina-Chapel Hill in 1973 and a J.D. from Emory University 
School of Law in 1977. Following law school, Judge Gordon 
served as an Assistant Counsel on the House Judiciary 
Committee's Subcommittee on Monopolies and Commercial Law. 
While with the Committee, Judge Gordon focused on antitrust and 
other commercial legislation. He was the lead counsel in the 
drafting of the Customs Courts Act of 1980, which established 
the United States Court of International Trade.
    In 1981, Judge Gordon accepted a position with the United 
States Court of International Trade as an Assistant Clerk. He 
was later promoted to Clerk of the Court. In these positions, 
Judge Gordon advised the judges of the court on substantive and 
procedural issues in litigation pending before the court, as 
well as on matters pertaining to the operation of the court. 
Judge Gordon was also charged with the responsibility of 
developing special procedures for handling complex, multi-
party, multi-case litigation and analyzing and implementing 
changes in federal statutes affecting the jurisprudence of the 
court. Judge Gordon also worked with the United States Court of 
International Trade's Advisory Committee on Rules and Practice.
    A hearing was held on February 7, 2006, and the nomination 
was reported out of the Judiciary Committee on February 16, 
2006, by a voice vote. Judge Gordon was confirmed by the Senate 
on March 13, 2006, by a unanimous vote of 82 to 0.

B. NOTABLE EXECUTIVE NOMINATIONS

   THOMAS O. BARNETT, ASSISTANT ATTORNEY GENERAL, ANTITRUST DIVISION

    President Bush nominated Thomas O. Barnett of Virginia to 
be Assistant Attorney General for the Antitrust Division at the 
Department of Justice on September 6, 2005.
    Mr. Barnett received his B.A. from Yale University, his 
Master's degree in economics from the London School of 
Economics where he was a Fulbright Scholar, and his J.D. from 
Harvard Law School. Following law school, Mr. Barnett clerked 
for the Honorable Harrison Winter of the United States Court of 
Appeals for the Fourth Circuit.
    After his clerkship, Mr. Barnett joined the law firm of 
Covington & Burling, as an associate. In 1997, Mr. Barnett 
became a partner at Covington. During his time at the firm, Mr. 
Barnett was Vice Chair of its Antitrust and Consumer Protection 
Practice Group. He also provided counsel on corporate 
transactions and licensing arrangements for several Fortune 500 
companies. Mr. Barnett left Covington in 2004 to serve as 
Deputy Assistant Attorney General for civil enforcement for the 
Antitrust Division.
    The Committee held a hearing on Mr. Barnett's nomination on 
October 6, 2005. The nomination was favorably reported by voice 
vote on November 3, 2005. The Senate confirmed him, also by 
voice vote, on February 10, 2006.

  STEVEN BRADBURY, ASSISTANT ATTORNEY GENERAL FOR THE OFFICE OF LEGAL 
                                COUNSEL

    President Bush nominated Steven Bradbury of Maryland to be 
Assistant Attorney General for the Office of Legal Counsel on 
June 23, 2005.
    Mr. Bradbury graduated from Stanford University in 1980 and 
the University of Michigan School of Law in 1988. After 
graduating from law school, he spent one year in the Department 
of Justice's Office of Legal Counsel before leaving to clerk 
for the Honorable James Buckley of the United States Court of 
Appeals for the D.C. Circuit, and later for Justice Thomas on 
the Supreme Court. Beginning in 1993, Mr. Bradbury spent 11 
years working in the Washington D.C. offices of Kirkland & 
Ellis, ten of which were as partner. In 2004, Mr. Bradbury was 
appointed to serve as Principal Deputy Assistant Attorney 
General for Office of Legal Counsel.
    Critics of this nomination seized on his role in defending 
the legal framework for the Terrorist Surveillance Program, 
although he played no role in its development. He is credited 
as having authored the Department of Justice's white paper that 
set forth the legal basis for the program after the program 
came to light. Some Members of the Minority requested that no 
action be taken on the nomination during the pendency of an 
investigation by the Justice Department's Office of 
Professional Responsibility into whether or not lawyers who 
worked on the terrorism surveillance program acted within their 
professional and ethical responsibilities when giving legal 
advice. On May 10, 2006, investigators at OPR were denied 
security clearance to investigate the matter further. Later, in 
July, 2006, Attorney General Gonzalez testified to the 
Committee that the investigation was closed on direct authority 
of President Bush. Shortly after Gonzalez's testimony, the 
minority senators on the Committee wrote a letter to President 
Bush requesting that the investigation be resumed and expressed 
unwillingness to allow the Bradbury nomination to move forward.
    The Committee held a hearing on the nomination on October 
6, 2005, and it was reported out of Committee by voice vote on 
November 3, 2005. No floor action was taken on the nomination, 
and it was returned to the President on December 22, 2005. On 
January 25, 2006, Mr. Bradbury was re-nominated and the 
nomination was again placed on the agenda for Committee action 
on March 29, 2006. Action on the nomination was deferred until 
July 27, 2006, when it was voted out of Committee by a voice 
vote. On September 29, 2006, the nomination was returned to the 
President. The nomination was resubmitted on November 15, 2006 
and returned on December 9 at the end of the Congress.

      JOHN F. CLARK, DIRECTOR, UNITED STATES MARSHALS SERVICE, DOJ

    President Bush nominated John F. Clark of Virginia to be 
Director for the United States Marshals Service on October 21, 
2005.
    Mr. Clark received his B.S. from Syracuse University in 
1997. He began his law enforcement career as a patrol agent 
with the United States Border Patrol before joining the United 
States Capitol Police in 1981. In 1983, Mr. Clark joined the 
United States Marshals Service as a Deputy United States 
Marshal in the Northern District of California. In 1986, Mr. 
Clark became an Inspector in the Fugitive Squad of the United 
States Marshals Service in the Eastern District of Virginia. 
From 1990 to 1997, Mr. Clark held various positions at the 
United States Marshals Service Headquarters, including 
Supervisory Inspector (Office of Internal Affairs) and Chief 
Inspector (International Fugitive Operations and Office of 
Internal Affairs).
    In 1997, Mr. Clark returned to the Eastern District of 
Virginia as the Chief Deputy United States Marshal. From 1999 
until 2002, Mr. Clark was the Acting United States Marshal for 
the Eastern District of Virginia before being appointed by 
President Bush as United States Marshal for the Eastern 
District of Virginia in 2002. Since August of 2005, Mr. Clark 
had been the Acting Director of the United States Marshals 
Service.
    On February 15, 2006, the Senate Judiciary Committee held a 
hearing on Mr. Clark's nomination. On March 16, 2006, the 
Committee reported Mr. Clark's nomination favorably by voice 
vote, and the Senate confirmed his nomination later that same 
day by voice vote.

                   PAUL D. CLEMENT, SOLICITOR GENERAL

    President Bush nominated Mr. Paul Clement of Virginia to be 
Solicitor General of the United States on March 14, 2005. Mr. 
Clement graduated summa cum laude from Georgetown University, 
received a Masters in Philosophy with distinction from 
Cambridge, and received his law degree, magna cum laude, from 
Harvard Law School. After law school, he clerked for the United 
States Court of Appeals for the D.C. Circuit and then clerked 
for Justice Antonin Scalia on the United States Supreme Court.
    Following his clerkships, Mr. Clement went into private 
practice as an associate at Kirkland & Ellis. Subsequently, Mr. 
Clement served for two years as Chief Counsel for the United 
States Senate Committee on the Judiciary's Subcommittee on the 
Constitution, Federalism and Property Rights. While serving on 
the Subcommittee, Mr. Clement worked with then-Senator John 
Ashcroft to enact the Digital Millennium Copyright Act. After 
working for the Senate Judiciary Committee, Mr. Clement 
returned to private practice, eventually becoming a partner and 
the head of King & Spalding's appellate practice group.
    Since 2001, Mr. Clement has worked for the United States 
Department of Justice in the Office of Solicitor General. He 
first served as Principal Deputy and then became Acting 
Solicitor General in 2004 when Solicitor General Theodore Olson 
retired. In his capacity as Deputy and Acting Solicitor 
General, Mr. Clement represented the United States government 
in a wide variety of appellate matters, including arguing 
before the Supreme Court 26 times. Some of his most notable 
cases include McConnell v. Federal Election Commission 
(defending the constitutionality of the Bipartisan Campaign 
Reform Act), Tennessee v. Lane (defending the constitutionality 
of Title II of the Americans with Disabilities Act), and Hamdi 
v. Rumsefeld (representing the federal government in a 
challenge to the President's authority to detain citizens as 
enemy combatants). Mr. Clement also has taught at Georgetown 
University Law Center as an adjunct professor since 1998.
    A hearing on the Clement nomination was held on April 27, 
2005, and it was reported favorably by voice vote on May 26, 
2005. The Senate confirmed Mr. Clement, also by voice vote, on 
June 8, 2005.

CAROL E. DINKINS, CHAIRMAN OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
                                 BOARD

    President Bush nominated Carol E. Dinkins of Texas to be 
the first Chairman of the Privacy and Civil Liberties Oversight 
Board on September 28, 2005.
    The creation of the Privacy and Civil Liberties Oversight 
Board was a recommendation of the 9/11 Commission and was 
passed by Congress and signed into law by President Bush as 
part of the National Intelligence Reform Act. The Board advises 
the President and the heads of executive departments and 
agencies and reports to Congress to ensure that privacy and 
civil liberties are appropriately considered in the development 
and implementation of laws, regulations, and executive branch 
policies related to efforts to protect the United States 
against terrorism.
    This legislation mandated the board be located within the 
Executive Office of the President. The board consists of a 
chair, vice chair, and three additional members, all appointed 
by, and serving at the pleasure of the President. Nominees for 
the chair and vice chair positions are subject to Senate 
approval.
    Ms. Dinkins received her B.S. from the University of Texas-
Austin in 1968 and her J.D. from the University of Houston in 
1971. Following her graduation from law school, Ms. Dinkins 
served as Principal Associate of the Texas Law Institute of 
Coastal & Marine Resources. Ms. Dinkins also taught research 
and writing courses as an Adjunct Assistant Professor of Law at 
University of Houston School of Law.
    From 1973 until 1981, Ms. Dinkins was an attorney in 
private practice with Vinson & Elkins. She represented clients 
in obtaining governmental authorizations of projects and 
counseled them on compliance activities. In 1981, Ms. Dinkins 
returned to public service as Assistant Attorney General of the 
Environment and Natural Resources Division at the Department of 
Justice. In this position, Ms. Dinkins supervised the 
government's litigation in federal environmental, natural 
resources, and public land matters.
    In 1984, Ms. Dinkins was appointed Deputy Attorney General. 
Ms. Dinkins returned to private practice in 1985 as a partner 
at Vinson & Elkins where she is currently co-section head of 
the Administrative/Environmental Law Practice. She assists 
clients with compliance matters, including counseling, internal 
investigations, and negotiation of judicial and administrative 
settlements.
    A hearing on the Dinkins nomination was held on November 8, 
2005 and it was reported out of Committee on a voice vote on 
February 16, 2006. The Senate confirmed the nomination by voice 
vote on February 17, 2006.

     ALICE S. FISHER, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION

    President Bush nominated Alice S. Fisher of Virginia to be 
the Assistant Attorney General of the Criminal Division of the 
Department of Justice on September 20, 2005.
    Ms. Fisher received her B.A. from Vanderbilt University in 
1989 and her J.D. from the Catholic University of America's 
Columbus School of Law in 1992.After graduating from law 
school, Ms. Fisher accepted a position as an associate at the 
law firm of Sullivan & Cromwell in Washington, D.C.
    In 1995 and 1996, Ms. Fisher served as Deputy Special 
Counsel to the United States Senate Committee Investigating 
Whitewater Development Corporation and Related Matters. In that 
role, she assisted with the Senate's investigation and helped 
draft the final report. In 1996, Ms. Fisher accepted a position 
as an associate with the D.C. firm of Latham & Watkins. In 
2001, she became a partner.
    From 2001 until 2003, Ms. Fisher served as Deputy Assistant 
Attorney General in the Criminal Division. In that capacity, 
she supervised the Division's Counter-Terrorism Section, Fraud 
Section, Appellate Section, Capital Case Unit, and Alien 
Smuggling Task Force. In 2003, she returned to Latham & Watkins 
as a partner.
    A hearing on the Fisher nomination was held on May 12, 
2005. At the June 16, 2005 meeting of the Committee, a 
Democratic senator raised concerns about Ms. Fisher's 
nomination. He asserted that a partially redacted email 
memorandum written by an unnamed FBI agent indicated that Ms. 
Fisher was present during meetings where concerns were raised 
regarding the interrogation techniques at Guantanamo. This 
senator asked the Committee to request additional information 
from the Department of Justice. The Committee favorably 
reported Ms. Fisher's nomination by voice vote at the business 
meeting, but several Democratic senators passed on the vote. On 
August 31, 2005, President Bush recess appointed Ms. Fisher as 
Assistant Attorney General.
    On July 26, 2006, a Democratic senator was afforded the 
opportunity to meet with the unnamed FBI agent who wrote the 
email memorandum. The agent confirmed Ms. Fisher's statements 
that she only attended one meeting and that the meeting 
concerned cases and prosecutions, not allegations of abuse at 
Guantanamo. This senator then requested to meet with other 
officials mentioned in the memorandum. These requests were not 
met prior to Ms. Fisher's nomination being brought to the floor 
for a vote. The Senate confirmed Ms. Fisher on September 19, 
2006 by a vote of 61 to 35.

     SHAREE M. FREEMAN, DIRECTOR, COMMUNITY RELATIONS SERVICES, DOJ

    President Bush nominated Sharee M. Freeman of Virginia to 
be the Director of Community Relations Services (CRS), United 
States Department of Justice on December 20, 2005.
    Ms. Freeman received her B.A. from St. Lawrence University 
and her J.D. from Georgetown University Law Center. She began 
her legal career as a law clerk with Judge Norma Holloway 
Johnson of the United States District Court for the District of 
Columbia. In 1982, Ms. Freeman accepted a position to serve as 
an Assistant District Attorney with the Philadelphia District 
Attorney's Office. In 1984, Ms. Freeman became Acting Assistant 
Solicitor and Attorney/Advisor with the United States 
Department of Interior.
    In 1997, Ms. Freeman accepted a counsel position with the 
House Judiciary Committee and Congressman Henry Hyde. She also 
served as counsel to Congressman Hyde on the House 
International Relations Committee. In 2001, President Bush 
appointed Ms. Freeman to be the Director of CRS for a term of 
four years, and the Senate unanimously confirmed her. Following 
the expiration of her four year term as director, Ms. Freeman 
served as Acting Director of CRS.
    A hearing on Ms. Freeman's nomination was held on March 14, 
2006 and the nomination was reported out of Committee by voice 
vote on March 30, 2006. The Senate confirmed Ms. Freeman by 
voice vote on March 31, 2006.

            ALBERTO GONZALES, UNITED STATES ATTORNEY GENERAL

    President Bush nominated Alberto R. Gonzales of Texas to be 
United States Attorney General on January 4, 2005. (He had 
previously been nominated late in the 108th Congress, on 
November 16, 2004, but no action was taken on the nomination 
during that Congress.)
    Attorney General Gonzales served in the United States Air 
Force from 1973 to 1975 and attended the Air Force Academy from 
1975 to 1977. After two years at the Academy, Attorney General 
Gonzales transferred to Rice University, from which he 
graduated in 1979. He later earned his J.D. from Harvard Law 
School in 1982. Upon graduation from law school, Attorney 
General Gonzales entered private practice with the Houston law 
firm Vinson & Elkins as an Associate and eventually was 
elevated to Partner in the firm. In 1994, Attorney General 
Gonzales was named General Counsel to then-Texas Governor 
George W. Bush, until he was named Secretary of State for Texas 
in 1997. In 1999, he was appointed to serve on the Texas 
Supreme Court. In 2001, he stepped down from the court to serve 
as White House Counsel.
    The Gonzales nomination faced substantial opposition from 
Members of the Minority who questioned him about his views on 
various legal conclusions incident to the Global War on Terror. 
In particular, critics of the nomination focused on 
extraordinary interrogation techniques and the applicability of 
the Geneva Conventions. Nominee Gonzales was emphatic in his 
answer to questions about torture during his hearing. When 
asked by a Senator whether United States personnel can legally 
engage in torture under any circumstances, Attorney General 
Gonzales answered: ``Absolutely no. Our policy is we do not 
engage in torture.'' Some editorials and opponents in the 
Senate cited a repudiated Justice Department memorandum 
defining torture narrowly, so as to limit it to severe or 
serious physical condition or injury. The memorandum was 
addressed to then-White House Counsel Gonzales as evidence of 
his approval of such techniques. However, it was pointed out in 
the hearings and Senate debate that Gonzales was not the author 
of the offending language, and he had rejected this narrow 
view.
    At his hearing, Attorney General Gonzales also reasserted 
his commitment to the Geneva Conventions. He told the 
Committee: ``I consider the Geneva Conventions neither quaint 
nor obsolete.'' And he stressed that ``[t]he President has 
repeatedly condemned torture and made clear that the United 
States will not condone torture.''
    Another issue that was presented during the hearing and 
debate on the Gonzales nomination was his stance with respect 
to another portion of the controversial DOJ memorandum that 
involved an expansive view of Executive authority. Attorney 
General Gonzales testified in both his testimony before the 
Committee and in written responses that the expansive positions 
on Executive authority had been rejected, ``including that 
section regarding the Commander-in-Chief's authority to ignore 
the criminal statutes.''
    Some opponents of the nomination also asserted that 
Gonzales was unresponsive and that the Committee had not been 
thorough enough in its oversight of the Department of Justice's 
top position. But at his hearing, Attorney General Gonzales 
testified for nearly six hours, answering multiple rounds of 
questions. Gonzales' answers to the Committee's written 
questions, contained in 221 single-spaced pages, provided 
nearly 450 often detailed responses on issues ranging from the 
war on terrorism to intellectual property.
    The hearing on this nomination was held on January 6, 2005. 
The nomination was favorably reported out of Committee by a 
vote of 10 to 8 on January 26, 2005, and the Senate confirmed 
the Attorney General on February 2, 2005 by a vote of 60 to 36. 
According to press accounts, Attorney General Gonzales was 
confirmed by the full Senate with fewer minority-party votes 
than any nominee for attorney general in 80 years.\10\
---------------------------------------------------------------------------
    \10\ Senate Confirms Gonzales, 60 to 36, Washington Post, 2/4/2005, 
at A01.
---------------------------------------------------------------------------

     EMILIO T. GONZALEZ, DIRECTOR OF THE BUREAU OF CITIZENSHIP AND 
                          IMMIGRATION SERVICES

    President Bush nominated Emilio T. Gonzalez of Florida to 
be Director of the Bureau of Citizenship and Immigration 
Services on September 8, 2005.
    Dr. Gonzalez earned his B.A. from the University of South 
Florida in 1977. He also earned an M.A. from Tulane University 
in 1986, an M.A. from the United States Naval War College in 
1994, and a Ph.D. from the University of Miami in 1997.
    Dr. Gonzalez had a distinguished military career that 
spanned nearly three decades. During this time, he served at 
the United States Embassies in El Salvador and Mexico, taught 
at the United States Military Academy at West Point, and headed 
the Office of Special Assistants for the Commander-in-Chief of 
the United States Southern Command. In 2003, Dr. Gonzalez 
received an honorable discharge. He was awarded numerous medals 
while serving in the Army, including the Superior Service 
Medal, the Defense Meritorious Service Medal, and the Joint 
Service Commendation Medal. Following his military service, Dr. 
Gonzalez served as Senior Managing Director of Tew Cardenas' 
Global and Government Affairs practice in Miami and Washington, 
D.C., focusing on international strategic planning and 
government affairs.
    A nomination hearing was held for Dr. Gonzalez on October 
6, 2005. Dr. Gonzalez was reported out of Committee on November 
11, 2005, by a voice vote and was confirmed by a voice vote on 
December 21, 2005.

     WAN J. KIM, ASSISTANT ATTORNEY GENERAL, CIVIL RIGHTS DIVISION

    President Bush nominated Mr. Wan J. Kim of Maryland to be 
an Assistant Attorney General of the Civil Rights Division of 
the Department of Justice on June 16, 2005.
    Born in Seoul, Republic of Korea, Mr. Kim immigrated to the 
United States at nearly five years old. He entered the United 
States Army in 1985 and served as a Second Lieutenant from 1989 
until 2000, when he was honorably discharged.
    Mr. Kim received his B.A. with general and departmental 
honors from Johns Hopkins University in 1990. He attended 
University of Chicago Law School, from which he also graduated 
with honors in 1993. Mr. Kim then clerked for Judge James L. 
Buckley of the United States Court of Appeals for the D.C. 
Circuit. Following his clerkship, Mr. Kim joined the Department 
of Justice. He was hired through the Attorney General's Honors 
program and became a trial attorney in the Criminal Division's 
Terrorism and Violent Crime Section. In that post, Mr. Kim 
worked on a number of high profile prosecutions, including the 
prosecution of the perpetrators of the Oklahoma City bombing.
    Mr. Kim spent two years in the private sector, as a 
litigation associate at Kellogg, Huber, Hansen, Todd & Evans in 
Washington, D.C. He then returned to the Department of Justice 
as an Assistant United States Attorney in the United States 
Attorney's Office for the District of Columbia. While employed 
as an Assistant United States Attorney, Mr. Kim was detailed to 
the Senate Judiciary Committee for one year, where he worked on 
the drafting of the Hatch-Leahy PROTECT Act. In 2003, he joined 
the Civil Rights Division as a Deputy Assistant Attorney 
General; there he supervised the Criminal, Educational 
Opportunities, and Housing and Civil Enforcement Sections.
    A hearing was held on the Kim nomination on October 6, 
2006, and it was reported out of Committee by a voice vote on 
November 3, 2005. The Senate confirmed Mr. Kim by voice vote on 
November 4, 2005.

               PAUL J. MC NULTY, DEPUTY ATTORNEY GENERAL

    President Bush nominated Paul J. McNulty of Virginia to be 
Deputy Attorney General on November 9, 2005.
    Mr. McNulty received his B.A. from Grove City College in 
1980 and his J.D. from Capital University Law School in 1983. 
Upon graduating law school, he served as a Democratic staffer, 
serving as a counsel to the House Committee on Standards of 
Official Conduct. In 1985, he became the Director of Government 
Affairs for the Legal Services Corporation, a position he held 
for two years before returning to government service in 1987, 
when he became the minority counsel to the House Judiciary 
Committee's Subcommittee on Crime. In 1990, he joined the 
Justice Department as Director of Policy and Communications, a 
post he held for over two years. After a two-year stint with 
the Washington law firm of Shaw, Pittman, Potts and Trowbridge, 
Mr. McNulty returned to the House Subcommittee on Crime, this 
time as Chief Counsel. He also served as an adjunct professor 
at Grove City College between 1994 and 2000.
    In 1999, Mr. McNulty became Chief Counsel to then-House 
Majority Leader Dick Armey and served in that capacity until 
2001. After the 2000 election, Mr. McNulty headed President 
Bush's transition effort for the Justice Department and then 
served as Principal Associate Deputy Attorney General before 
being appointed United States Attorney for the Eastern District 
of Virginia in September of 2001. At the time of his 
nomination, he had been serving as Acting Deputy Attorney 
General since November 1, 2005, and had continued to serve as 
United States Attorney for the Eastern District of Virginia.
    At his hearing, Senator Schumer stated for the record his 
strong support of the nomination.
    A hearing on the McNulty nomination was held on February 2, 
2006. He was reported out of committee by voice vote on 
February 16, 2006, and confirmed by the Senate by voice vote on 
March 16, 2006.

        JULIE L. MYERS, ASSISTANT SECRETARY OF HOMELAND SECURITY

    President Bush nominated Julie L. Myers of Kansas to be an 
Assistant Secretary of Homeland Security on October 7, 2005.
    Ms. Myers received her B.A. from Baylor University in 1991. 
She then attended Cornell University Law School, from which she 
graduated in 1994. Ms. Myers then served as a Law Clerk to the 
Honorable C. Arlen Beam of the United States Court of Appeals 
for the Eighth Circuit. Following her clerkship, she joined the 
law firm of Mayer, Brown & Platt in Chicago, Illinois, where 
she was an associate in the firm's commercial litigation group 
for approximately two years.
    From 1998 until 1999, Ms. Myers served as an Associate 
Independent Counsel in the Office of the Independent Counsel, 
Kenneth W. Starr. In that role, Ms. Myers's principal work 
included drafting briefs and other documents, questioning 
witnesses in the grand jury, and writing memoranda analyzing 
legal questions. In 1999, Ms. Myers joined the Office of the 
United States Attorney for the Eastern District of New York as 
an Assistant United States Attorney where her work ranged from 
simple drug and other import fraud cases to more complex 
smuggling investigations.
    In 2001, Ms. Myers became a Deputy Assistant Secretary 
(Money Laundering and Financial Crimes) at the Department of 
the Treasury. In this capacity, Ms. Myers directly supervised 
two sections of the Office of Enforcement: the Counternarcotics 
Section and the International Money Laundering Section.
    In 2002, Ms. Myers became Chief of Staff for the Criminal 
Division at the Department of Justice. In 2003, the President 
nominated and the Senate confirmed Ms. Myers to be the 
Assistant Secretary of Commerce for Export Enforcement at the 
Department of Commerce. In this position, Ms. Myers directly 
supervised nine field offices and five foreign attaches. She 
was responsible for a budget of $25 million and supervised 
approximately 170 employees. Then, in 2004, Ms. Myers accepted 
the position of Special Assistant to the President for 
Presidential Personnel in the Executive Office of the 
President.
    Some critics of the nomination expressed concern that Ms. 
Myers's professional experience did not satisfy the statutory 
requirement that a nominee for this position have a minimum of 
five years professional experience in law enforcement and a 
minimum of five years management experience. However, 
supporters of her nomination emphasized her law enforcement and 
management experience in her previous positions, including as 
an Associate in the Office of Independent Counsel, Assistant 
United States Attorney, Deputy Assistant Secretary for Money 
Laundering and Financial Crimes at the Department of Treasury, 
Chief of Staff for the Criminal Division at the Department of 
Justice, Assistant Secretary of Commerce for Export Enforcement 
at the Department of Commerce, and as Special Assistant to the 
President for Presidential Personnel.
    The Senate first referred Ms. Myers' nomination to the 
Senate Homeland Security and Governmental Affairs Committee. 
That committee held a hearing on her nomination, and then the 
nomination was referred sequentially to the Senate Judiciary 
Committee for no more than thirty days by unanimous consent 
agreement. The Committee held a hearing on the Myers nomination 
on October 18, 2005, and then the nomination was discharged 
from Committee by unanimous consent. The Senate did not act on 
the nomination prior to recessing for the holidays. On January 
4, 2006, President Bush recess appointed Ms. Myers as an 
Assistant Secretary of Homeland Security. On February 10, 2006, 
President Bush resubmitted her nomination to the Committee on 
Homeland Security and Governmental Affairs. The Senate did not 
take any further action on her nomination during the 109th 
Congress.

  JAMES O'GARA, DEPUTY DIRECTOR FOR SUPPLY REDUCTION AT THE OFFICE OF 
                      NATIONAL DRUG CONTROL POLICY

    President Bush nominated James O'Gara to be the Deputy 
Director for Supply Reduction at the Office of National Drug 
Control Policy (ONDCP) on July 28, 2005.
    Mr. O'Gara received his Bachelor of Arts degree from St. 
John's College in 1988, and began working as a Fellow at the 
Claremont Institute. In 1990, he began his service as the 
Coordinator for South American Affairs at ONDCP from 1990 to 
1993, where he monitored development of President H.W. Bush's 
Andean Strategy, and served as Executive Secretary to National 
Security Council's Policy Coordinating Committee on Overseas 
Counter-narcotics. In 1993, Mr. O'Gara then joined the Drug 
Enforcement Agency (EPA) as a Foreign Policy Advisor. In 1995, 
he worked as a Policy Analyst on the Senate Judiciary Committee 
for then-Chairman Orrin Hatch, where he advised the Chairman on 
federal narcotics policy, legislation on crack penalties, 
military interdiction operations, electronic surveillance, and 
drug treatment and prevention. In 1996, he left the Committee 
to become the Director of Research for the New Citizenship 
Project. Shortly thereafter he began working for the 
Philanthropy Roundtable. In 2001, he began his service as 
Special Assistant to the Director at ONDCP.
    The O'Gara nomination faced opposition from some law 
enforcement and narcotics officers who questioned his 
willingness to ensure that ONDCP fully fund and support the 
High Intensity Drug Trafficking Areas (HIDTA) program. Several 
state and local law enforcement groups expressed concerns that 
the nominee had disregarded their input in his position as 
Special Assistant to the Director at ONDCP.
    A hearing on the O'Gara nomination was held on October 18, 
2005, and no further action was taken in Committee on the 
nomination until it was returned to the President on August 3, 
2006. The nomination was subsequently re-submitted to the 
Senate on September 5, 2006.

    ALAN C. RAUL, VICE CHAIRMAN OF THE PRIVACY AND CIVIL LIBERTIES 
                            OVERSIGHT BOARD

    President Bush nominated, Alan C. Raul to be the first Vice 
Chairman of the Privacy and Civil Liberties Oversight Board on 
September 28, 2005.
    The creation of the Privacy and Civil Liberties Oversight 
Board was a recommendation of the 9/11 Commission and was 
passed by Congress and signed into law by President Bush as 
part of the National Intelligence Reform Act. The Board advises 
the President and the heads of executive departments and 
agencies, and reports to Congress to ensure that privacy and 
civil liberties are appropriately considered in the development 
and implementation of laws, regulations, and executive branch 
policies related to efforts to protect the United States 
against terrorism.
    This legislation mandated the board be located within the 
Executive Office of the President. The board consists of a 
chair, vice chair, and three additional members, all appointed 
by, and serving at the pleasure of, the President. Nominees for 
the chair and vice chair positions are subject to Senate 
approval.
    Mr. Raul received his A.B. from Harvard College in 1975, 
magna cum laude, his M.P.A. from Harvard University's Kennedy 
School of Government in 1977, and his J.D. from Yale Law School 
in 1980.
    After graduating from Yale Law School, Mr. Raul served as a 
law clerk to the Honorable Malcolm R. Wilkey on the United 
States Court of Appeals for the D.C. Circuit. Following his 
clerkship, Mr. Raul joined the law firm of Debevoise & 
Plimpton.
    In 1986, Mr. Raul left private practice to serve as 
Associate Counsel to the President in the Executive Office of 
the President. In 1988, Mr. Raul became the General Counsel of 
the Office of Management & Budget. One year later, he was 
nominated by President George H.W. Bush and confirmed by the 
Senate as General Counsel to the United States Department of 
Agriculture. Mr. Raul returned to private practice in 1993, 
joining the law firm of Beveridge & Diamond PC, where he served 
as the Managing Director until 1997. In 1997, Mr. Raul moved to 
the law firm of Sidley & Austin, where he is a partner and 
coordinates Sidley & Austin's Information Law and Privacy 
Practice.
    A hearing on the Raul nomination was held on November 8, 
2005, and it was reported out of Committee by a voice vote on 
February 16, 2006. The Senate confirmed the nomination on 
February 17, 2006 by voice vote.

  REGINA B. SCHOFIELD, ASSISTANT ATTORNEY GENERAL, OFFICE OF JUSTICE 
                                PROGRAMS

    President Bush nominated Regina B. Schofield of Virginia to 
be the Assistant Attorney General for the Office of Justice 
Programs on April 4, 2005.
    Ms. Schofield received her B.A. from Mississippi College in 
1982 and her M.B.A from Jackson State University in 1990. 
Following graduate school, she worked as a sales representative 
for Philip Morris USA. From 1991 to 1993, she served in the 
Department of Education first as a Confidential Assistant and 
then as Deputy Director for the Office of White House Liaison. 
She left the DOE in 1993 to become a Manager on environmental 
issues for the International Council of Shopping Centers. In 
1991, Ms. Schofield moved to the United States Postal Service 
where she worked as a manager on governmental relations.
    From 2003 until her nomination, she served as Director of 
Intergovernmental Affairs and White House Liaison at the 
Department of Health and Human Services. As Director of 
Intergovernmental Relations, Ms. Schofield was instrumental in 
advancing intergovernmental relations with over 562 federally 
recognized Tribal Governments. She developed the Department's 
first comprehensive tribal consultation policy and has worked 
to establish formal mechanisms to create an ``open door'' for 
tribes regarding the Department's policy and budget process. 
She has also worked to streamline the grants process thereby 
increasing public awareness of government-funded programs and 
services.
    A hearing was held on Ms. Schofield's nomination on May 12, 
2005. Following her hearing, questions were raised regarding 
her lack of legal experience. Also, she was questioned 
regarding funding for the Office of Justice Programs and her 
plans in this area as Assistant Attorney General. She was voted 
out of Committee on May 26, 2005, by a voice vote. She was 
confirmed on June 8, 2005, also by a voice vote.

 KENNETH L. WAINSTEIN, ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY

    President Bush nominated Kenneth L. Wainstein of Virginia 
to be the first Assistant Attorney General for National 
Security on March 13, 2006.
    This is a new position, created by the USA PATRIOT 
Improvement and Reauthorization Act of 2005. The Assistant 
Attorney General for National Security oversees the new 
National Security Division of the Justice Department. That 
Division consolidates the Justice Department's national 
security, counterterrorism, counterintelligence, and foreign 
intelligence surveillance operations under a single authority.
    Mr. Wainstein earned his B.A. from the University of 
Virginia in 1984 and his J.D. from the University of 
California, Berkeley (Boalt Hall) in 1988. Following law 
school, he clerked for United States District Court Judge 
Thomas Penfield Jackson before beginning a long and 
distinguished career as a prosecutor. In 1989, he joined the 
United States Attorney's Office for the Southern District of 
New York. After three years with that office, he became an 
Assistant United States Attorney in the District of Columbia. 
He became Deputy Chief of the office's Homicide Section in 
1998, then Deputy Chief of its Superior Court Division in 1999, 
and Principal Assistant United States Attorney in 2000. 
Attorney General John Ashcroft named Mr. Wainstein Interim 
United States Attorney for the District of Columbia in 2001. 
Following the nomination and confirmation of a permanent United 
States Attorney, Mr. Wainstein became the Director of the 
Executive Office for United States Attorneys. From 2002 to 
2004, he worked in the front office of the Federal Bureau of 
Investigation, first as General Counsel and then as Chief of 
Staff. Since 2004, he has been the United States Attorney for 
the District of Columbia.
    A nomination hearing was held for Mr. Wainstein on May 2, 
2006. He was reported out of the Judiciary Committee by voice 
vote on June 15, 2006, and was then referred to the 
Intelligence Committee, which reported the nomination out 
favorably on June 22. He was confirmed by the Senate by voice 
vote on September 21, 2006.

   SUE ELLEN WOOLDRIDGE, ASSISTANT ATTORNEY GENERAL, ENVIRONMENT AND 
                       NATURAL RESOURCES DIVISION

    President Bush nominated Ms. Sue Ellen Wooldridge of 
Virginia to be the Assistant Attorney General for the 
Environment and Natural Resources Division of the Department of 
Justice on June 20, 2005.
    Ms. Wooldridge earned her undergraduate degree from 
University of California Davis in 1983 and her law degree from 
Harvard School of Law in 1987. She went on to work for seven 
years as an associate for the law firm Diepenbrock, Wulff, 
Plant & Hanegan in Sacramento, California. At the firm, Ms. 
Wooldridge handled commercial, insurance, and employment 
litigation matters in both the state and federal courts.
    In 1994, Ms. Wooldridge served as a Special Assistant 
Attorney General for the California Department of Justice. Ms. 
Wooldridge acted as a legal and policy advisor to the attorney 
general with duties including litigation management, 
governmental relations, and legislation advocacy. In 1999, Ms. 
Wooldridge left the office to become a partner with the civil 
litigation firm, Riegels, Campos & Kenyond. She next served as 
General Counsel to the California Fair Political Practices 
Commission for two years, and her responsibilities included 
interpreting, implementing, and defending the state's campaign 
finance and disclosure laws.
    In 2001, Ms. Wooldridge left California to become the 
Deputy Chief of Staff and Counselor to the Secretary of the 
United States Department of Interior. In this capacity, Ms. 
Wooldridge provided legal and policy direction to the 
Department. In 2004, President Bush appointed and the Senate 
confirmed Ms. Wooldridge as Solicitor of the Department of 
Interior. As the Department's chief legal officer, Ms. 
Wooldridge is responsible for managing nearly 400 lawyers and 
eighteen offices nationwide and provides counsel on a variety 
of substantive legal issues.
    A hearing on the Wooldridge nomination was held on November 
3, 2005, and it was reported out of Committee by voice vote on 
November 3, 2005. The Senate confirmed the nomination by voice 
vote on November 10, 2005.
                  IV. APPENDICES REGARDING NOMINATIONS


A. MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS--GANG OF 
        FOURTEEN AGREEMENT

    We respect the diligent, conscientious efforts, to date, 
rendered to the Senate by Majority Leader Frist and Democratic 
Leader Reid. This memorandum confirms an understanding among 
the signatories, based upon mutual trust and confidence, 
related to pending and future judicial nominations in the 109th 
Congress.
    This memorandum is in two parts. Part I relates to the 
currently pending judicial nominees; Part II relates to 
subsequent individual nominations to be made by the President 
and to be acted upon by the Senate's Judiciary Committee.
    We have agreed to the following:
    Part I: Commitments on Pending Judicial Nominations
    A. Votes for Certain Nominees. We will vote to invoke 
cloture on the following judicial nominees: Janice Rogers Brown 
(D.C. Circuit), William Pryor (11th Circuit), and Priscilla 
Owen (5th Circuit).
    B. Status of Other Nominees. Signatories make no commitment 
to vote for or against cloture on the following judicial 
nominees: William Myers (9th Circuit) and Henry Saad (6th 
Circuit).
    Part II: Commitments for Future Nominations
    A. Future Nominations. Signatories will exercise their 
responsibilities under the Advice and Consent Clause of the 
United States Constitution in good faith. Nominees should only 
be filibustered under extraordinary circumstances, and each 
signatory must use his or her own discretion and judgment in 
determining whether rush circumstances exist.
    B. Rules Changes. In light of the spirit and continuing 
commitments made in this agreement, we commit to oppose the 
rules changes in the 109th Congress, which we understand to be 
any amendment to or interpretation of the Rules of the Senate 
that would force a vote on a judicial nomination by means other 
than unanimous consent or Rule XXII.
    We believe that, under Article II, Section 2, of the United 
States Constitution, the word ``Advice'' speaks to consultation 
between the Senate and the President with regard to the use of 
the President's power to make nominations. We encourage the 
Executive branch of government to consult with members of the 
Senate, both Democratic and Republican, prior to submitting a 
judicial nomination to the Senate for consideration.
    Such a return to the early practice of our government may 
well serve to reduce the rancor that unfortunately accompanies 
the advice and consent process in the Senate.
    We firmly believe this agreement is consistent with the 
traditions of the United States Senate that we as Senators seek 
to uphold.
                                   E. Benjamin Nelson.
                                   Mike DeWine.
                                   Joe Lieberman.
                                   Susan Collins.
                                   Mark Pryor.
                                   Lindsay Graham.
                                   Lincoln Chafee.
                                   John McCain.
                                   John Warner.
                                   Robert C. Byrd.
                                   Mary Landrieu.
                                   Olympia Snowe.
                                   Ken Salazar.
                                   Daniel Inouye.

B. LETTER: CHAIRMAN SPECTER TO AMERICAN BAR ASSOCIATION (MICHAEL S. 
        GRECO AND STEPHEN L. TOBER)

                                       U.S. Senate,
                                Committee on the Judiciary,
                                     Washington, DC, June 22, 2006.
Michael S. Greco,
President, American Bar Association.
Stephen L. Tober,
Chairman, Standing Committee on the Federal Judiciary,
American Bar Association.
    Dear Sirs: The American Bar Association has recently issued 
a ``Not Qualified'' rating for two nominees currently pending 
before the Senate Judiciary Committee: Michael Wallace, of 
Mississippi, who has been nominated to the U.S. Court of 
Appeals for Fifth Circuit and Judge Vanessa Bryant, of 
Connecticut, who has been nominated to the U.S. District Court 
for the District of Connecticut. Mr. Wallace is a well regarded 
appellate litigator and a former U.S. Supreme Court clerk with 
excellent academic credentials. Judge Bryant would be the first 
African-American woman nominated to district court in New 
England. Public accounts suggest that she has been an effective 
judge on the Connecticut Superior Court.
    In accordance with the past practice of the Judiciary 
Committee, I intend to invite the American Bar Association to 
provide testimony at the hearings for each of these nominees. 
Considering their impressive resumes, your ``Not Qualified'' 
ratings have left many observers curious as to the basis for 
your conclusions. I write to request that you provide the 
Committee with the materials supporting your ratings of these 
nominees as soon as possible.
    As a matter of fundamental fairness, the nominees deserve 
time to prepare a response to whatever allegations you may 
raise in your testimony. Waiting until twenty-four hours before 
the hearings neither gives the nominees the opportunity to 
respond, nor does it give Members of the Judiciary Committee 
adequate time to prepare. Promptly delivering the substance of 
these allegations to the Committee will allow the nominees 
fully to respond to them in an open hearing. Similarly, a well 
developed record will allow members of the Committee to make a 
considered judgment.
    One of your predecessors once testified before the 
Committee that a ``Not Qualified'' rating is ``only as good as 
the reasons which support it.'' I agree, and accordingly 
request that the ABA share with the Committee without delay the 
report on which is rating is based. If the ABA is concerned 
about maintaining the confidentiality of those it has 
interviewed during its assessment, I am prepared to instruct 
Committee members and staff to treat the report on a 
confidential basis, much as is currently done with FBI 
background investigation files.
    I thank you for your attention to this matter and for your 
continued service to the profession.
            Sincerely,
                                                     Arlen Specter.

C. LETTER: STEPHEN L. TOBER TO CHAIRMAN SPECTER

                          American Bar Association,
                   Standing Committee on Federal Judiciary,
                                     Washington, DC, June 30, 2006.
Hon. Arlen Specter,
Chair, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This will acknowledge receipt of your 
recent correspondence regarding the ``not qualified'' ratings 
of judicial nominees, Michael Wallace and Judge Vanessa Bryant, 
issued recently by the ABA Standing Committee on Federal 
Judiciary. The Standing Committee is, as always, willing to 
provide your Committee with detailed explanations of the bases 
for these two ``not qualified'' ratings and is looking forward 
to the opportunity to testify at the nominees' confirmation 
hearings.
    I want to assure you that, in accordance with our long-
established practices, the circuit member or members assigned 
to conduct the investigation of the professional qualifications 
of each nominee met personally and at length with the nominee 
and discussed any adverse information uncovered during the 
investigation. Our explanatory booklet, which is provided to 
every nominee at the start of the investigation, specifically 
states:
    ``During the interview, the circuit member discusses with 
the nominee his or her qualifications for a judgeship and 
raises any adverse information discovered during the 
investigation. The nominee is given a full opportunity to rebut 
the adverse information and provide any additional information 
bearing on it.''
    During the course of our investigations, Judge Bryant was 
interviewed once and Mr. Wallace was interviewed twice. The 
circuit investigators adhered to the Standing Committee's 
straightforward procedures during all of the interviews. 
Consequently, at the conclusion of the interviews, both 
nominees were fully appraised of any negative information the 
Standing Committee relied upon to support its evaluations.
    We also appreciate your Committee's need to thoroughly 
understand the basis for our ``not qualified'' rating of a 
nominee's professional qualifications from the Standing 
Committee as you deliberate the fitness of each nominee for a 
lifetime appointment to the Federal bench. Once the hearing 
dates are announced and we are invited to testify we will 
certainly comply with the Judiciary Committee's rules and 
provide you with copies of our written statements, detailing 
the bases for our ratings, 48 hours in advance of each hearing. 
Furthermore, in light of your request, please know that we will 
do our best to complete and submit our written statements to 
the Committee so that you will hopefully have them more than 48 
hours in advance.
    We fully understand the desire of the Senate Judiciary 
Committee to have a explanation for a ``not qualified'' rating. 
We will continue to strive to present those explanations to you 
in a timely manner as part of our independent peer review for 
consideration by your Committee in performing its critical role 
in the confirmation process.
            Sincerely,
                                          Stephen L. Tober,
                                                             Chair.

D. LETTER: CHAIRMAN SPECTER TO AMERICAN BAR ASSOCIATION (MICHAEL S. 
        GRECO AND STEPHEN L. TOBER)

                                       U.S. Senate,
                                Committee on the Judiciary,
                                    Washington, DC, August 7, 2006.
Mr. Michael S. Greco,
President, American Bar Association.
Mr. Stephen L. Tober,
Chairman, Standing Committee on the Federal Judiciary,
American Bar Association.
    Dear Sirs: This is the second time I have had occasion to 
write you in connection with the nominations of Michael Wallace 
of Mississippi and Vanessa Bryant of Connecticut. Both nominees 
have distinguished resumes. Both, however, have been rated 
``Not Qualified'' by the American Bar Association (``ABA''). In 
the first letter, you were asked to provide the Committee with 
your testimony on these nominations as soon as possible. You 
were also asked to share with the Committee the reports on 
which these ratings are based. Furthermore, you were assured 
that the Committee would treat such reports on a confidential 
basis, as we currently handle reports we receive from the 
Federal Bureau of Investigation (``FBI'').
    Your reply letter did not address the request that you 
provide the Committee with your reports. You did, however, 
provide assurances that your testimony would be provided as 
quickly as practicable, and hoped you could deliver the 
testimony at least 48 hours before the hearing scheduled on the 
Wallace and Bryant nominations. On the afternoon of July 18, 
some 24 hours before the scheduled hearing, the Committee 
received your testimony. I have since prepared that hearing.
    I have had the opportunity to review the testimony with 
regard to both nominees, and I am troubled by your submission. 
Your testimony raises serious charges, but only supports those 
allegations with anonymous quotations, presented without 
context. Testimony of this sort is impossible to verify or to 
otherwise further investigate. Worse, it can give some the 
unfortunate impression of a smear campaign conducted against 
the nominees. The nominees, publicly branded ``Not Qualified'' 
and--in your testimony--worse, do not have the opportunity to 
confront their accusers.
    There also exist concerns with respect to the appearance of 
bias in the ratings process with regard to the Wallace 
nomination. During the 1980s, Mr. Wallace was appointed by 
President Ronald Reagan to serve as Director and Chairman of 
the Legal Services Corporation (``LSC''). At that time, the ABA 
took strong and vocal positions against President Reagan's 
agenda for the LSC and took issue with Mr. Wallace's leadership 
of its board. There is nothing wrong with the ABA taking such 
positions, but when an institution has strongly held views on a 
policy question and when it has a history of passionately 
opposing a nominee's work on that question, some may reasonably 
question the capacity of that institution to provide an 
objective review of that nominee.
    Compounding the concerns about institutional bias, some 
have raised issues of personal bias on the part of individuals 
directly involved in this process. I understand that Mr. Tober 
had a heated public exchange with Mr. Wallace at a December 
1987 LSC meeting. The Committee has also been informed that Mr. 
Greco had a similar public exchange with Mr. Wallace at a panel 
discussion on legal services at the ABA's annual meeting in 
1989. Furthermore, Ms. Marna Tucker, now the D.C. Circuit 
representative on the Federal Judiciary, served as organizer of 
that contentious panel discussion. While ours is an adversarial 
profession, and we expect advocates to argue vigorously on 
behalf of the issues they represent, it becomes problematic 
when those advocates are then placed in a role passing judgment 
on their opponents.
    On page 12 of your ``Backgrounder,'' formally titled 
``Standing Committee on the Federal Judicary--What it is and 
How it Works,'' it is stated that ``No member of the Committee 
shall participate in the work of the Committee if such 
participation would give rise to the appearance of impropriety 
or would otherwise be incompatible with the purposes served and 
functions performed by the Committee.'' During this Congress 
alone, members of the ABA's Standing Committee have recused 
themselves from the ratings of no fewer than six nominees. It 
would appear that Mr. Tober would have been well advised to 
consider recusing himself from the rating of Mr. Wallace, given 
their personal history. As Chairman, Mr. Tober has an 
opportunity to influence members of the ABA's Standing 
Committee, to filter the information that is available to it, 
and to shape its final report. I understand that in the case of 
a tie vote, Mr. Tober would also be in the position of casting 
the deciding ballot. As a consequence, it would seem that he 
would have an even higher duty to recuse himself. I 
nevertheless appreciate Mr. Tober's excellent work on behalf of 
the Standing Committee and am aware that this is not an easy 
job, nor are these easy calls to make.
    Given these concerns, however, I would request that the ABA 
promptly take the following steps:
    First, the ABA should immediately revoke its ``Not 
Qualified'' rating of Mr. Wallace and begin a new review 
process. Although there is little that can be done about the 
appearance of institutional bias, the ABA can certainly take 
steps to alleviate the concerns of personal bias. Mr. Tober 
should recuse himself, as should anyone else who has a personal 
history with this nominee or whose impartiality may reasonably 
be questioned on any other ground. Ideally, the ABA should 
convene an entirely new, ``special'' committee for this 
purpose. Mr. Greco, given his history with the nominee, should 
recuse himself from the selection of the committee's members.
    Second, I request that the ABA provide the Senate Judiciary 
Committee with the reports upon which its ratings of Mr. 
Wallace and Judge Bryant are based--this includes both the 
``informal report'' and ``formal written report'' discussed on 
page 7 of the ``Backgrounder.'' The Committee will treat these 
reports in the same manner in which we treat FBI background 
investigation reports. Under the protocols adopted for use with 
FBI reports, your reports would be kept in a safe located in a 
secure room. There would be no duplicate copies made. Only 
Senators and specified staff with security clearances 
(approximately three majority and three majority staffers) 
would have access to the reports.
    When the FBI uncovers adverse information about a nominee, 
it provides considerable context, even in the case of anonymous 
sources. For example, in the circumstances in which an 
anonymous source is included in the background report, the FBI 
provides us with a detailed description of the interview, 
explaining the nature and substance of the allegations against 
the nominee. Even without a specific name, this allows 
Committee staff to investigate further and fully brief the 
Committee. Moreover, unlike the ABA's practice, anonymous 
sources in FBI reports are the exception, not the rule. If a 
specific source of your requests that his or her name be 
redacted from the reports you make available to the Committee, 
as with the FBI reports, we would consider making such an 
accommodation. It must be remembered, however, that the FBI 
report is not made public, so only Committee Members have 
access to the information, while the ABA provides a written 
public statement accompanying the testimony it makes available 
to the Committee. Oftentimes, these statements may include the 
comments of anonymous sources. I am not asking that the ABA 
provide anything that the FBI does not. Committee staff have 
worked together to conduct investigation in a bipartisan and 
discrete manner. I can assure you that if they can do so with 
materials assembled by the FBI, they can do the same with 
materials assembled by the ABA.
    In fact, it is the Committee's Constitutional duty, and a 
matter of fundamental fairness of the nominees, that we discern 
the basis for the public rebukes the ABA lodges against 
individuals who have been nominated to the bench. Without 
giving either the nominees or the members of this Committee the 
opportunity to review the materials supporting the rating, a 
full and fair hearing is not possible.
    Thank you for your prompt attention to this letter and for 
your continued service to the profession.
            Sincerely,
                                                     Arlen Specter.

E. LETTER: THEODORE B. OLSON (ON BEHALF OF ABA) TO CHAIRMAN SPECTER

                       Gibson, Dunn & Crutcher LLP,
                                Washington, DC, September 14, 2006.
Re American Bar Association, Standing Committee on Federal Judiciary

Senator Arlen Specter,
Chairman, Committee on the Judiciary,
Washington, DC.
    Dear Chairman Specter: This letter responds to your letter 
of August 7, 2006, addressed to then-ABA President Michael S. 
Greco and Stephen L. Tober, then Chairman of the ABA's Standing 
Committee on Federal Judiciary (``SCFJ''). As I have informed 
Committee Chief Counsel and Staff Director Michael O'Neill, the 
ABA and the SCFJ have retained me to assist them in responding 
to and addressing the concerns you raise in that letter.
    Mr. O'Neill and I have had several conversations and one 
meeting since the date of your letter. The SCFJ has taken 
seriously the matters you have raised and has carefully 
reviewed its policies, procedures and practices for the 
evaluation of nominees for the federal judiciary. As a result, 
it has determined to make certain modifications that we believe 
are responsive to your concerns, while retaining the degree of 
confidentiality that is absolutely necessary for the SCFJ to 
gather the very sensitive information and candid input 
necessary for it to perform its valuable function of providing 
peer-based evaluations of the qualifications of nominees for 
federal judicial positions.
    First, with respect to Mr. Wallace, a supplemental 
evaluation will be conducted to re-evaluate his professional 
qualifications. This will be conducted by Tim Hopkins of 
Hopkins Roden Crockett Hansen & Hoopes, PLLC of Idaho Falls, 
Idaho, and Pamela A. Bresnahan of Vorys, Sater, Seymour and 
Pease, of Washington, D.C. Neither Ms. Bresnahan nor Mr. 
Hopkins has any prior personal or professional relationship 
with Mr. Wallace. Neither Mr. Greco nor Mr. Tober will be 
involved int he supplemental evaluation. The Standing Committee 
has several new members, and is now chaired by Roberta 
Liebenberg of the Philadelphia firm of Fine, Kaplan and Black. 
Thus, while the SCFJ and the new investigators will, of course, 
have access to all of the previous materials pertaining to the 
extensive evaluations of Mr. Wallace's qualifications, a 
supplemental evaluation will take place with new investigators, 
a new Chair and a changed membership. This supplemental 
evaluation is being performed in accordance with the SCFJ's 
normal procedures, which provide for supplemental evaluations 
of individuals whose nominations have been returned or 
withdrawn, and then resubmitted by the President.
    Second, the Standong Committee has strengthened its recusal 
procedures, a point you mention in your letter. From this point 
forward, no SCFJ Member, including the Chair, will participate 
in the evaluation or vote on the rating of a nominee ``in any 
instance in which such member's impartiality might reasonably 
be questioned.'' The Standing Committee's procedure already 
provides for recusal if participation ``would give rise to the 
appearance of impropreity or would otherwise be incompatible 
with the purposes served and functions performed by the 
Committee.'' The SCFJ will make other changes to strengthen the 
recusal procedures and additionally make it clear that a 
recused member will not have access to the Committee's report 
or ``participate in any deliberation .  .  . concerning the 
nominee.''
    Third, existing procedures will also be revised to require 
the appointment of a second investigator ``in every instance in 
which a Committee Member has submitted an Informal Report which 
recommends a `Not Qualified' rating. The second investigator 
shall independently evaluate the professional qualifications of 
the nominee and make his or her own recommended rating.'' 
(Emphasis added.) This assures that a nominee faced with a 
``Not Qualified'' rating will receive of a second independent 
evaluation and recommendation to the SCFJ.
    Fourth, the Standing Committee will also make public its 
procedures regarding any supplemental evaluation that occurs 
when a nomination has been withdrawn or returned and 
resubmitted by the President. That process will focus on new 
information developed after a prior rating or any additional 
information that the Chair of the SCFJ may deem appropriate to 
ensure a thorough review of the nominee's professional 
qualifications. And, during any such supplemental evaluation, 
``the nominee will be given a full opportunity to rebut any 
adverse information and the investigator will follow-up on any 
information provided by the nominee.''
    Fifth, with respect to adverse information, the Standing 
Committee's practices will be clarified to provide that the 
nominee and the Judiciary Committee be given as much context as 
reasonably possible in order to provide the nominee the 
greatest opportunity to rebut the information. At the same 
time, the Committee will continue to honor its promises of 
confidentiality to sources of information in order to ensure 
candid and complete assessments of the professional 
qualifications of nominees.
    Sixth, as suggested by Mr. O'Neill in my communications 
with him, the report by the SCFJ submitted to the Judiciary 
Committee for public disclosure will not contain unattributed 
quotations of adverse comments concerning the nominee. Instead, 
the substance of such adverse comments will be summarized, 
while providing as much specificity as possible. If requested 
by the Judiciary Committee, as non-public version of the report 
containing such quotations, but not including the identity of 
the source or information that would compromise the 
confidentiality promised to the interviewee, will be submitted 
to the Judiciary Committee Members and cleared staff, but will 
not be released publicly.
    Seventh, if the SCFJ has had the customary 35 days to 
conduct its evaluation, vote and submit its rating to the 
Judiciary Committee and receives at least seven days' advance 
notice of a scheduled hearing on a nominee, it will submit a 
written statement explaining its ``Not Qualified'' rating 48 
hours in advance of the scheduled hearing on a confidential 
basis for dissemination only to the Judiciary Committee Members 
and staff and the nominee, but not for disclosure to the public 
or any other person.
    Eight, the Standing Committee's evaluation begins when it 
receives the nominee's response to the public portion of the 
Judiciary Committee questionnaire (``PDQ'') from the Department 
of Justice and the signed Waiver of Confidentiality. The 
Standing Committee will use its best efforts to complete its 
evaluation, vote and submit its rating to the Senate Judiciary 
Committee within 35 days. The SCFJ Chair will notify the 
Judiciary Committee if, for any reason, the evaluation is 
expected to take appreciably longer.
    I believe that these modifications to the Standing 
Committee's policies and procedures are responsive to your 
concerns, while preserving the Standing Committee's ability to 
promise that it will respect a request for confidentiality by 
judges, lawyers and other who provide important information 
concerning a nominee only on such a condition. Without the 
continued ability to make those commitments, the Standing 
Committee will simply be unable to make a fully informed 
assessment and evaluation of the professional qualifications of 
a prospective member of the federal judiciary.
    I am grateful for Mr. O'Neill's assistance in discussing 
your concerns and formulating clarifications to the SCFJ's 
policies, processes and practices to respond to those concerns.
    Roberta Liebenberg and I are available to meet with you to 
answer any questions or provide any further assistance.
            Very truly yours,
                                                 Theodore B. Olson.
               V. SUMMARY MATERIALS REGARDING NOMINATIONS


A. ARTICLE III JUDGES CONFIRMED

Supreme Court

John G. Roberts (Chief Justice of the United States)
Samuel A. Alito (Associate Justice)

Circuit Court

Janice R. Brown (DC Circuit)
Michael A. Chagares (3rd Circuit)
Neil M. Gorsuch (10th Circuit)
Richard A. Griffin (6th Circuit)
Thomas B. Griffith (DC Circuit)
Jerome A. Holmes (10th Circuit)
Sandra Segal Ikuta (9th Circuit)
Kent A. Jordan (3rd Circuit)
Brett M. Kavanaugh (DC Circuit)
David W. McKeague (6th Circuit)
Kimberly Ann Moore (Federal Circuit)
Susan Bieke Neilson (6th Circuit)
Priscilla Richman Owen (5th Circuit)
William H. Pryor (11th Circuit)
Bobby E. Shepherd (8th Circuit)
Milan D. Smith, Jr. (9th Circuit)

District Court

Michael Ryan Barrett (Southern District of Ohio)
Timothy C. Batten, Sr. (Northern District of Georgia)
Francisco Augusto Besosa (District of Puerto Rico)
Joseph Frank Bianco (Eastern District of New York)
Rene Marie Bumb (District of New Jersey)
Timothy Mark Burgess (District of Alaska)
Brian M. Cogan (Eastern District of New York)
Robert J. Conrad (Western District of North Carolina)
Sean F. Cox (Eastern District of Michigan)
Paul A. Crotty (Southern District of New York)
Aida M. Delgado-Colon (District of Puerto Rico)
James C. Dever, III (Eastern District of North Carolina)
Kristi DuBose (Southern District of Alabama)
Gustavo Antonio Gelpi (District of Puerto Rico)
Thomas M. Golden (Eastern District of Pennsylvania)
Andrew J. Builford (Central District of California)
Noel Lawrence Hillman (District of New Jersey)
Thomas E. Johnston (Southern District of West Virginia)
Daniel Porter Jordan, III (Southern District of Mississippi)
Virginia Mary Kendall (Northern District of Illinois)
Stephen G. Larson (Central District of California)
Thomas L. Ludington (Eastern District of Michigan)
Harry Sandlin Mattice, Jr. (Eastern District of Tennessee)
Gray Hampton Miller (Southern District of Texas)
Brian Edward Sandoval (District of Nevada)
Patrick Joseph Schiltz (District of Minnesota)
J. Michael Seabright (District of Hawaii)
Peter G. Sheridan (District of New Jersey)
John Richard Smoak (Northern District of Florida)
Gregory F. Van Tatenhove (Eastern District of Kentucky)
Eric Nicholas Vitaliano (Eastern District of New York)
W. Keith Watkins (Middle District of Alabama)
Frank D. Whitney (Western District of North Carolina)
Susan Davis Wigenton (District of New Jersey)
Jack Zouhary (Northern District of Ohio)

Court of International Trade

Leo Maury Gordon

B. NOMINATIONS HEARINGS BY DATE

----------------------------------------------------------------------------------------------------------------
                 Date                           Chair                   Nominee                  Position
----------------------------------------------------------------------------------------------------------------
January 6, 2005......................  Specter................  Alberto Gonzales.......  Attorney General
March 1, 2005........................  Specter................  William G. Myers, III..  Ninth Circuit
March 3, 2005........................  Graham.................  Terrence W. Boyle......  Fourth Circuit
March 8, 2005........................  Specter................  Thomas B. Griffith.....  District of Columbia
                                                                                          Circuit
April 27, 2005.......................  Specter................  Paul Clement...........  Solicitor General
May 12, 2005.........................  Brownback..............  Rachel Brand...........  Assistant Attorney
                                                                                          General
                                                                Alice S. Fisher........  Assistant Attorney
                                                                                          General
                                                                Regina B. Schofield....  Assistant Attorney
                                                                                          General
July 18, 2005........................  Specter................  Timothy E. Flanigan....  Deputy Attorney General
September 12-15, 2005................  Specter................  John G. Roberts........  Chief Justice of the
                                                                                          United States
September 29, 2006...................  Hatch..................  Margaret M. Sweeney....  Court of Federal Claims
                                                                Thomas Craig Wheeler...  Court of Federal Claims
                                                                John Richard Smoak.....  Northern District of
                                                                                          Florida
                                                                Brian Edward Sandoval..  District of Nevada
                                                                Harry S. Mattice, Jr...  Eastern District of
                                                                                          Tennessee
October 6, 2005......................  Cornyn.................  Wan Kim................  Assistant Attorney
                                                                                          General
                                                                Steven G. Bradbury.....  Assistant Attorney
                                                                                          General
                                                                Sue Ellen Wooldridge...  Assistant Attorney
                                                                                          General
                                                                Thomas O. Barnett......  Assistant Attorney
                                                                                          General
October 18, 2005.....................  Cornyn.................  James F.X. O'Gara......  Deputy Director for
                                                                                          Supply Reduction
                                                                Julie Myers............  Assistant Secretary for
                                                                                          Immigration & Customs
                                                                                          Enforcement
                                                                Emilio Gonzalez........  Director of Bureau of
                                                                                          Citizenship and
                                                                                          Immigration Services
November 1, 2005.....................  Schumer................  Eric Nicholas Vitaliano  Eastern District of New
                                                                                          York
                                                                Gregory Van Tatenhove..  Eastern District of
                                                                                          Kentucky
                                                                Joseph Frank Bianco....  Eastern District of New
                                                                                          York
                                                                Timothy Mark Burgess...  District of Alaska
November 8, 2005.....................  Cornyn.................  Carol E. Dinkins.......  Chairman, Privacy and
                                                                                          Civil Liberties
                                                                                          Oversight Board
                                                                Alan Charles Raul......  Vice Chairman, Privacy
                                                                                          and Civil Liberties
                                                                                          Oversight Board
November 15, 2005....................  Sessions...............  Virginia Mary Kendall..  Northern District of
                                                                                          Illinois
                                                                Kristi DuBose..........  Southern District of
                                                                                          Alabama
                                                                W. Keith Watkins.......  Middle District of
                                                                                          Alabama
January 9-13, 2005...................  Specter................  Samuel A. Alito........  Supreme Court Justice
February 2, 2006.....................  Specter................  Paul J. McNulty........  Deputy Attorney General
February 7, 2006.....................  Cornyn.................  Timothy C. Batten, Sr..  Northern District of
                                                                                          Georgia
                                                                Thomas E. Johnston.....  Southern District of
                                                                                          West Virginia
                                                                Leo Maury Gordon.......  Court of International
                                                                                          Trade
                                                                Aida M. Delgado-Colon..  District of Puerto Rico
February 15, 2006....................  DeWine.................  Stephen G. Larson......  Central District of
                                                                                          California
                                                                Jack Zouhary...........  Northern District of
                                                                                          Ohio
                                                                John F. Clark..........  Director, United States
                                                                                          Marshal Service
March 1, 2006........................  Coburn.................  N. Randy Smith.........  Ninth Circuit
                                                                Patrick Joseph Schiltz.  District of Minnesota
March 14, 2006.......................  Sessions...............  Michael A. Chagares....  Third Circuit
                                                                Gray Hampton Miller....  Southern District of
                                                                                          Texas
                                                                Jeffrey L. Sedgwick....  Director, Bureau of
                                                                                          Justice Statistics
                                                                Sharee M. Freeman......  Director, Community
                                                                                          Relations Service
March 29, 2006.......................  Specter................  Brian M. Cogan.........  Eastern District of New
                                                                                          York
                                                                Michael Ryan Barrett...  Southern District of
                                                                                          Ohio
                                                                Thomas M. Golden.......  Eastern District of
                                                                                          Pennsylvania
April 25, 2006.......................  Hatch..................  Milan D. Smith, Jr.....  Ninth Circuit
                                                                Renee Marie Bumb.......  District of New Jersey
                                                                Noel Lawrence Hillman..  District of New Jersey
                                                                Peter G. Sheridan......  District of New Jersey
                                                                Susan Davis Wigenton...  District of New Jersey
May 2, 2006..........................  Brownback..............  Sandra Segal Ikuta.....  Ninth Circuit
                                                                Sean F. Cox............  Eastern District of
                                                                                          Michigan
                                                                Thomas L. Ludington....  Eastern District of
                                                                                          Michigan
                                                                Kenneth L. Wainstein...  Assistant Attorney
                                                                                          General
May 9, 2006..........................  Specter................  Brett Kavanaugh........  Ninth Circuit
May 24, 2006.........................  Graham.................  Andrew J. Guilford.....  Central District of
                                                                                          California
                                                                Frank D. Whitney.......  Western District of
                                                                                          North Carolina
June 15, 2006........................  Coburn.................  Jerome A. Holmes.......  Tenth Circuit
                                                                Daniel P. Jordan, III..  Southern District of
                                                                                          Mississippi
                                                                Gustavo A. Gelpi.......  District of Puerto Rico
June 21, 2006........................  Graham.................  Neil M. Gorsuch........  Tenth Circuit
June 28, 2006........................  Hatch..................  Kimberly Ann Moore.....  Federal Circuit
                                                                Bobby E. Shepherd......  Eight Circuit
July 11, 2006........................  Specter................  William J. Haynes, II..  Fourth Circuit
                                                                Frances Tydingco-        District of Guam
                                                                 Gatewood.
August 1, 2006.......................  Cornyn.................  Peter D. Keisler.......  District of Columbia
                                                                                          Circuit
                                                                Valerie L. Baker.......  Central District of
                                                                                          California
                                                                Francisco Besosa.......  District of Puerto Rico
                                                                Philip S. Gutierrez....  Central District of
                                                                                          California
September 6, 2006....................  DeWine.................  Kent A. Jordan.........  Third Circuit
                                                                Marcia Morales Howard..  Middle District of
                                                                                          Florida
                                                                John Alfred Jarvey.....  Southern District of
                                                                                          Iowa
                                                                Sara Elizabeth Lioi....  Northern District of
                                                                                          Ohio
September 12, 2006...................  Coburn.................  Nora Barry Fischer.....  Western District of
                                                                                          Pennsylvania
                                                                Gregory K. Frizzell....  Northern District of
                                                                                          Oklahoma
                                                                Lawrence Joseph O'Neill  Eastern District of
                                                                                          California
                                                                Lisa G. Wood...........  Southern District of
                                                                                          Georgia
September 19, 2006...................  Brownback..............  Robert James Jonker....  Western District of
                                                                                          Michigan
                                                                Paul Lewis Maloney.....  Western District of
                                                                                          Michigan
                                                                Janet T. Neff..........  Western District of
                                                                                          Michigan
                                                                Leslie Southwick.......  Southern District of
                                                                                          Mississippi
September 26, 2006...................  Specter................  Michael B. Wallace.....  Fifth Circuit
                                                                Vanessa L. Bryant......  District of Connecticut
November 14, 2006....................  Specter................  Thomas Hardiman........  Third Circuit
----------------------------------------------------------------------------------------------------------------

C. DAYS ON THE SENATE FLOOR

----------------------------------------------------------------------------------------------------------------
                                                                                                           Days
                   Nominee                                  Office               Nominated    Confirmed     on
                                                                                                           floor
----------------------------------------------------------------------------------------------------------------
Alito, Samuel A..............................  Supreme Court Justice..........   11/10/2005    1/31/2006       5
Barrett, Michael Ryan........................  Southern District of Ohio Judge   12/16/2005     5/1/2006       1
Batten, Sr., Timothy.........................  Northern District of Georgia       9/28/2005     3/6/2006       1
                                                Judge.
Besosa, Francisco Augusto....................  District of Puerto Rico Judge..    5/16/2006    9/25/2006       1
Brown, Janice R..............................  D.C. Circuit Judge.............    2/14/2005     6/8/2006       3
Bumb, Renee Marie............................  District of New Jersey Judge...    1/25/2006     6/6/2006       1
Chagares, Michael A..........................  Third Circuit Judge............    1/25/2006     5/4/2006       1
Cogan, Brian M...............................  Eastern District of New York       1/25/2006     5/4/2006       1
                                                Judge.
Conrad, Robert J.............................  Eastern District of New York       2/14/2005    4/28/2005       1
                                                Judge.
Cox, Sean F..................................  Eastern District of Michigan       2/14/2005     6/8/2006       1
                                                Judge.
Crotty, Paul A...............................  Southern District of New York      2/14/2005    4/11/2005       1
                                                Judge.
DeGabrielle, Donald J., Jr...................  Southern District of Texas U.S.    2/13/2006    3/13/2006       1
                                                Attorney.
Delgado-Colon, Aida M........................  District of Puerto Rico Judge..   10/25/2005     3/6/2006       1
Dever, III, James C..........................  Eastern District of North          2/14/2005    4/28/2005       1
                                                Carolina Judge.
Dinkins, Carol E.............................  Chairman Privacy and Civil         9/28/2005    2/17/2006       1
                                                Liberties Oversight Board.
Fisher, Alice S..............................  Assistant Attorney General.....     4/4/2005    9/19/2005       1
Gelpi, Gustavo Antonio.......................  District of Puerto Rico Judge..    4/24/2006    7/20/2006       1
Golden, Thomas M.............................  Eastern District of                1/25/2006     5/4/2006       1
                                                Pennsylvania Judge.
Gonzales, Alberto............................  Attorney General...............     1/4/2005     2/3/2005       3
Gordon, Leo Maury............................  Court of International Trade...   11/10/2005    3/13/2006       1
Gorsuch, Neil M..............................  Tenth Circuit Judge............    5/10/2006    7/20/2006       1
Griffith, Thomas B...........................  D.C. Circuit Judge.............    2/14/2005    6/14/2005       2
Guilford, Andrew J...........................  Central District of California     1/25/2006    6/22/2006       1
                                                Judge.
Hillman, Noel Lawrence.......................  District of New Jersey Judge...    1/25/2006     6/8/2006       1
Holmes, Jerome A.............................  Tenth Circuit Judge............     5/4/2006    7/25/2006       2
Ikuta, Sandra Segal..........................  Ninth Circuit Judge............     2/8/2006    6/19/2006       1
Johnston, Thomas E...........................  Southern District of West          9/28/2005     3/6/2006       1
                                                Virginia.
Jordan, III, Daniel Porter...................  Southern District of               4/24/2006    7/20/2006       1
                                                Mississippi Judge.
Jordan, Kent A...............................  Third Circuit Judge............    6/28/2006    12/8/2006       1
Kavanaugh, Brett M...........................  D.C. Circuit Judge.............    1/25/2006    5/26/2006       3
Kim, Wan J...................................  Assistant Attorney General.....    6/16/2005    11/4/2005       1
Larson, Stephen G............................  Central District of California    12/15/2005    3/16/2006       1
                                                Judge.
Ludington, Thomas L..........................  Eastern District of Michigan       2/14/2005     6/8/2006       1
                                                Judge.
Mattice, Harry Sandlin, Jr...................  Eastern District of Tennessee      7/28/2005   10/24/2005       1
                                                Judge.
McKeague, David W............................  Sixth Circuit Judge............    2/14/2005     6/9/2005       1
Miller, Gray Hampton.........................  Southern District of Texas         1/25/2006    4/25/2006       1
                                                Judge.
Moore, Kimberly Ann..........................  Federal Circuit Judge..........    5/18/2006     9/5/2006       1
Neilson, Susan Bieke.........................  Sixth Circuit Judge............    2/14/2005   10/27/2005       1
Owen, Priscilla Richman......................  Fifth Circuit Judge............    2/14/2005    5/25/2005       6
Pryor, William H., Jr........................  Eleventh Circuit Judge.........    2/14/2005     6/9/2006       2
Roberts, John G..............................  Chief Justice of the United         9/6/2006    9/29/2006       4
                                                States.
Sandoval, Brian Edward.......................  District of Nevada Judge.......     3/1/2005   10/24/2005       1
Schiltz, Patrick Joseph......................  District of Minnesota Judge....   12/14/2005    4/26/2006       1
Seabright, Michael J.........................  District of Hawaii Judge.......    2/14/2005    4/27/2005       1
Shappert, Gretchen...........................  Western District of North          2/14/2005     6/8/2005       1
                                                Carolina U.S. Attorney.
Shepherd, Bobby E............................  Eight Circuit Judge............    5/18/2006    7/20/2006       1
Sheridan, Peter G............................  District of New Jersey Judge...    2/14/2005     6/8/2005       1
Smith, Milan D., Jr..........................  Ninth Circuit Judge............    2/14/2006    5/16/2006       1
Smoak, John Richard..........................  Northern District of Florida        6/8/2005   10/27/2005       1
                                                Judge.
Thapar, Annul R..............................  Eastern District of Kentucky       2/17/2006    3/13/2006       1
                                                U.S. Attorney.
Wainstein, Kenneth L.........................  Assistant Attorney General.....    3/13/2006    9/21/2006       1
Whitney, Frank D.............................  Western District of North          2/14/2006    6/22/2006       1
                                                Carolina Judge.
Zouhary, Jack................................  Northern District of Ohio Judge   12/14/2005    3/16/2006       1

    Total....................................  ...............................  ...........  ...........      74
----------------------------------------------------------------------------------------------------------------

D. HISTORICAL VACANCY RATES 1977-PRESENT

                         VACANCIES 1977-PRESENT
------------------------------------------------------------------------
                                                               District
                                     District     Circuit    and Circuit
              Year *                (percent)    (percent)        **
                                                              (percent)
------------------------------------------------------------------------
1977.............................          6.3         10.3          7.1
1978.............................          3.8          2.1          3.4
1979.............................         23.1         28.8         24.2
1980.............................          6.2          4.5          5.9
1981.............................          7.9          6.8          7.7
1982.............................          3.9          5.3          4.2
1983.............................          4.9          2.8          4.4
1984.............................          3.1          1.4          2.7
1985.............................         13.0         13.1         13.1
1986.............................          7.0          6.5          6.9
1987.............................          7.5          7.7          7.5
1988.............................          4.9          6.0          5.1
1989.............................          6.3          7.1          6.5
1990.............................          5.9          6.0          5.9
1991.............................         17.3         13.4         16.4
1992.............................         12.9          9.5         12.2
1993.............................         16.5         11.2         15.3
1994.............................          9.2         10.1          9.4
1995.............................          7.1          6.1          6.9
1996.............................          6.8         10.1          7.5
1997.............................         10.7         13.4         11.3
1998.............................          8.5          9.5          8.7
1999.............................          5.9         13.4          7.5
2000.............................          6.6         12.8          7.9
2001.............................         11.3         17.9         12.7
2002.............................          7.7         15.1          9.2
2003.............................          4.1         10.1          5.4
2004.............................          2.2          7.3          3.3
2005.............................          5.3          6.7          5.6
2006.............................          4.7          8.4         5.5
------------------------------------------------------------------------
* Vacancy rates for 1977-1992 are as of June 30th. Rates from 1993 to
  present are as of September 30th.
** Does not include U.S. Supreme Court or U.S. Court of International
  Trade.

E. HISTORICAL VACANCY RATES BY CONGRESS

                                                 101ST CONGRESS
                              Republican President (Bush)--Democrat Senate (Biden)
----------------------------------------------------------------------------------------------------------------
                               Start of Congress January 3, 1989         End of Congress October 28, 1990
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacanies      rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           1           0         0.0
Court of Appeals............         168          10         6.0         168          22           7         4.2
District Court..............         575          26         4.5         575          48          25         4.3
Court of International Trade           9           1        11.1           9           0           1        11.1
                             -----------------------------------------------------------------------------------
    Total...................         761          37         4.9         761          71          33         4.3
----------------------------------------------------------------------------------------------------------------


                                                 102ND CONGRESS
                              Republican President (Bush)--Democrat Senate (Biden)
----------------------------------------------------------------------------------------------------------------
                               Start of Congress January 3, 1991          End of Congress October 8, 1992
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           1           0         0.0
Court of Appeals............         179          18        10.1         179          20          16         8.9
District Court *............         649         107        16.5         649         100          79        12.2
Court of International Trade           9           1        11.1           9           1           2        22.2
                             -----------------------------------------------------------------------------------
    Total...................         846         126        14.9         846         122          97        11.5
----------------------------------------------------------------------------------------------------------------


                                                 103RD CONGRESS
                              Democrat President (Clinton)--Democrat Senate (Biden)
----------------------------------------------------------------------------------------------------------------
                               Start of Congress January 5, 1993         End of Congress December 1, 1994
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacany
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           2           0         0.0
Court of Appeals............         179          17         9.5         179          19          15         8.4
District Court *............         649          90        13.9         649         107          46         7.1
Court of International Trade           9           2        22.2           9           0           2        22.2
                             -----------------------------------------------------------------------------------
    Total...................         846         109        12.9         846         128          63         7.4
----------------------------------------------------------------------------------------------------------------


                                                 104TH CONGRESS
                             Democrat President (Clinton)--Republican Senate (Hatch)
----------------------------------------------------------------------------------------------------------------
                              Start of Congress  January 3, 1995         End of Congress  October 3, 1996
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           0           0         0.0
Court of Appeals............         179          16         8.9         179          11          18        10.1
District Court *............         649          52         8.0         647          62          46         7.1
Court of International Trade           9           2        22.2           9           2           1        11.1
                             -----------------------------------------------------------------------------------
    Total...................         846          70         8.3         844          75          65         7.7
----------------------------------------------------------------------------------------------------------------


                                                 105TH CONGRESS
                             Democrat President (Clinton)--Republican Senate (Hatch)
----------------------------------------------------------------------------------------------------------------
                              Start of Congress  January 7, 1997         End of Congress October 21, 1998
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           0           0         0.0
Court of Appeals............         179          22        12.3         179          20          14         7.8
District Court *............         646          62         9.6         646          79          35         5.4
Court of International Trade           9           1        11.1           9           2           1        11.1
                             -----------------------------------------------------------------------------------
    Total...................         843          85        10.1         843         101          50         5.9
----------------------------------------------------------------------------------------------------------------


                                                 106TH CONGRESS
                             Democrat President (Clinton)--Republican Senate (Hatch)
----------------------------------------------------------------------------------------------------------------
                              Start of Congress  January 4, 1999        End of Congress  December 15, 2000
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           0           0         0.0
Court of Appeals............         179          17         9.5         179          15          25        14.0
District Court *............         642          41         6.4         651          57          42         6.5
Court of International Trade           9           1        11.1           9           1           0         0.0
                             -----------------------------------------------------------------------------------
    Total...................         839          59         7.0         848          73          67         7.9
----------------------------------------------------------------------------------------------------------------


                                                 107TH CONGRESS
                             Democrat President (Clinton)--Republican Senate (Leahy)
----------------------------------------------------------------------------------------------------------------
                              Start of Congress  January 3, 2001        End of Congress  November 20, 2002
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           0           0         0.0
Court of Appeals............         179          26        14.5         179          17          25        14.0
District Court*.............         661          58         8.8         661          83          34         5.1
Court of International Trade           9           0         0.0           9           0           1        11.1
                             -----------------------------------------------------------------------------------
    Total...................         858          84         9.8         858         100          60         7.0
----------------------------------------------------------------------------------------------------------------


                                                 108TH CONGRESS
                             Democrat President (Clinton)--Republican Senate (Hatch)
----------------------------------------------------------------------------------------------------------------
                              Start of Congress  January 7, 2003         End of Congress  December 9, 2004
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           0           0         0.0
Court of Appeals............         179          25        14.0         179          18          13         7.3
District Court *............         661          34         5.1         674          85          16         2.4
Court of International Trade           9           1        11.1           9           1           0         0.0
                             -----------------------------------------------------------------------------------
    Total...................         858          60         7.0         871         104          29         3.3
----------------------------------------------------------------------------------------------------------------


                                                 109TH CONGRESS
                            Republican President (Bush)--Republican Senate (Specter)
----------------------------------------------------------------------------------------------------------------
                              Start of Congress  January 4, 2005         End of Congress  December 9, 2006
                             -----------------------------------------------------------------------------------
                                                        Vacancy                                         Vacancy
                              Judgeships   Vacancies     rate     Judgeships   Confirmed   Vacancies     rate
                                                       (percent)                                       (percent)
----------------------------------------------------------------------------------------------------------------
Supreme Court...............           9           0         0.0           9           2           0         0.0
Court of Appeals............         179          15         8.4         179          16          15         8.4
District Court *............         674          21         3.1         674          35          36         5.3
Court of International Trade           9           1        11.1           9           1           0         0.0
                             -----------------------------------------------------------------------------------
    Total...................         871          37         4.2         871          54          51         5.9
----------------------------------------------------------------------------------------------------------------

F. DISPOSITION OF ARTICLE III JUDGES

                                                                            UNITED STATES COMMITTEE ON THE JUDICIARY
                                                                   DISPOSITION OF ARTICLE III COURTS \1\, 101ST-109TH CONGRESS
                                                                                    [As of December 9, 2006]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Judges confirmed
                       Presidential term                          Congress      Total    ---------------------------------------    Judges      Returned    Withdrawn     Pending       Total
                                                                              confirmed     District     Circuit     Other \2\     rejected                                          unconfirmed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
G.H.W. Bush...................................................          101           71           48           22            1  ...........            2  ...........  ...........            2
                                                                        102          122          100           20            2  ...........       \3\ 54            1  ...........           55
                                                               ---------------------------------------------------------------------------------------------------------------------------------
        Bush Total............................................  ...........          193          148           42            3  ...........           56            1  ...........           57
Clinton 1.....................................................          103          128          107           19            2  ...........            5            0  ...........            5
                                                                        104           75           62           11            2  ...........            3            4  ...........            7
    Sub-total.................................................  ...........          203          169           30            4  ...........            8            4  ...........           12
Clinton 2.....................................................          105          101           79           20            2  ...........            8            5  ...........           13
                                                                        106           73           57           15            1            1       \4\ 41            3  ...........           45
    Sub-total.................................................  ...........          174          136           35            3            1           49            8  ...........           58
                                                               ---------------------------------------------------------------------------------------------------------------------------------
        Clinton Total.........................................  ...........          377          305           65            7            1           57           12  ...........           70
G. W. Bush 1..................................................          107          100           83           17            0  ...........  ...........  ...........  ...........  ...........
                                                                        108          104           85           18            1  ...........           23            2  ...........           25
    Sub-total.................................................  ...........          204          168           35            1  ...........           23            2  ...........           25
G. W. Bush 2..................................................          109           54           35           16            3  ...........           39        \5\ 5  ...........           44
                                                               ---------------------------------------------------------------------------------------------------------------------------------
        Bush Total............................................  ...........          258          203           51            4  ...........           62            7  ...........          69
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes the U.S. Supreme Court, U.S. Circuit Courts, U.S. District Courts and U.S. Court of International Trade (CIT). Excludes territorial District Courts (Virgin Islands, Guam, Northern
  Mariana Islands) and the Court of Federal Claims.
\2\ One Supreme Court Justice was confirmed in the 101st Congress, and another in the 102nd Congress. Two U.S. Supreme Court Justices were confirmed in the 103rd Congress. Two were confirmed
  in the 109th. The remaining judges in this category are CIT judges.
\3\ Seventeen of these were later confirmed by the Senate (two in the 103rd Congress, one in the 104th Congress, two in the 105th Congress, eight in the 107th Congress, and four in the 108th
  Congress).
\4\ Two of these nominees, Legrome Davis (ED-PA) and Roger Gregory (CCA-4) were later confirmed during the 107th Congress.
\5\ The nomination of John Roberts to be Associate Justice was withdrawn and he was renominated to be Chief Justice. The nomination of Harriet Miers to be Associate Justice is the second. The
  remaining nominees in this category are Henry Saad (CCA-6), James Payne (CCA-10), and Daniel P. Ryan (E.D. MI).

G. RELEVANT DATES FOR 109TH CONGRESS NOMINEES

                                                                                          SUPREME COURT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Reported
             Name                    State            Status            Office             Title         Nom date    Prior nom     Hearing        out       Confirmed     Returned    Withdrawn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alito, Jr. Samuel A..........  NJ..............  Confirmed.......  Supreme Court of  US Supreme Court   11/10/2005  ...........     1/9/2006    1/24/2006    1/31/2006  ...........  ...........
                                                                    the United        Justice.                                                       10-8        58-42
                                                                    States.
Miers, Harriet Ellan.........  TX..............  Withdrawn.......  Supreme Court of  US Supreme Court    10/7/2005  ...........  ...........  ...........  ...........  ...........   10/28/2005
                                                                    the United        Justice.
                                                                    States.
Roberts, Jr., John G.........  MD..............  Confirmed.......  Supreme Court of  Chief Justice of     9/6/2005  ...........    9/12/2005    9/22/2005    9/29/2005  ...........  ...........
                                                                    the United        the United                                                     13-5        78-22
                                                                    States.           States.
Roberts, Jr., John G.........  MD..............  Withdrawn.......  Supreme Court of  US Supreme Court    7/29/2005  ...........  ...........  ...........  ...........  ...........     9/6/2005
                                                                    the United        Justice.
                                                                    States.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                  COURT OF INTERNATIONAL TRADE
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Reported
             Name                    State            Status            Office             Title         Nom date    Prior nom     Hearing        out       Confirmed     Returned    Withdrawn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Gordon, Leo Maury............  NJ..............  Confirmed.......  US Court of       US Court of        11/10/2005  ...........     2/7/2006    2/16/2006    3/13/2006  ...........  ...........
                                                                    International     International                                            Voice Vote         82-0
                                                                    Trade.            Trade Judge.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                          CIRCUIT COURT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Reported
             Name                    State            Status            Office             Title         Nom date    Prior nom     Hearing        out       Confirmed     Returned    Withdrawn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Boyle, Terrence W............  NC..............  Returned........  Fourth Circuit..  US Circuit Court   11/15/2006    2/14/2005     3/3/2005    6/16/2005  ...........    12/9/2006  ...........
                                                                                      Judge.                                                         10-8
                                                                                                          9/5/2006                                                        9/29/2006
                                                                                                                                                                           8/3/2006
Brown, Janice R..............  CA..............  Confirmed.......  District of       US Circuit Court    2/14/2005    7/25/2003   10/22/2003    4/21/2005     6/8/2005    10/8/2004  ...........
                                                                    Columbia.         Judge.                                         (108th)         10-8        56-43      (108th)
Chagares, Michael A..........  NJ..............  Confirmed.......  Third Circuit...  US Circuit Court    1/25/2006  ...........    3/14/2006    3/30/2006     4/4/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote         98-0
Gorsuch, Neil M..............  CO..............  Confirmed.......  Tenth Circuit...  US Circuit Court    5/11/2006  ...........    6/21/2006    7/13/2006    7/20/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote   Voice Vote
Griffin, Richard A...........  MI..............  Confirmed.......  Sixth Circuit...  US Circuit Court    2/14/2005     1/7/2003    6/16/2004    5/26/2005     6/9/2005    12/8/2004  ...........
                                                                                      Judge.                                         (108th)   Voice Vote         95-0      (108th)
Griffith, Thomas B...........  UT..............  Confirmed.......  District of       US Circuit Court    2/14/2005    5/10/2004   10/16/2004    4/14/2005    6/14/2005    12/8/2004  ...........
                                                                    Columbia.         Judge.                                                         14-4        73-24      (108th)
                                                                                                                                    3/8/2005
Hardiman, Thomas M...........  PA..............  Returned........  Third Circuit...  US Circuit Court    9/13/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
Haynes, II, William James....  VA..............  Returned........  Fourth Circuit..  US Circuit Court   11/15/2006    2/14/2005    7/11/2006  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
                                                                                                          9/5/2006                11/19/2003                              9/29/2006
                                                                                                                                                                           8/3/2006
Holmes, Jerome A.............  OK..............  Confirmed.......  Tenth Circuit...  US Circuit Court    2/14/2006  ...........    6/15/2006    7/13/2006    7/25/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote        67-30
Ikuta, Sandra Segal..........  CA..............  Confirmed.......  Ninth Circuit...  US Circuit Court     2/8/2006  ...........     5/2/2006    5/25/2006    6/19/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote         81-0
Jordan, Kent A...............  DE..............  Confirmed.......  Third Circuit...  US Circuit Court    6/29/2006  ...........     9/6/2006    9/26/2006    12/8/2006  ...........  ...........
                                                                                      Judge.                                                                      91-0
Kavanaugh, Brett M...........  MD..............  Confirmed.......  District of       US Circuit Court    1/25/2006    2/14/2005     5/9/2006    5/11/2006    5/26/2006   12/21/2005  ...........
                                                                    Columbia          Judge.                                                         10-8        57-36
                                                                    Circuit.
                                                                                                                      7/25/2003    4/27/2004                              12/8/2004  ...........
Keisler, Peter D.............  MD..............  Returned........  District of       US Circuit Court   11/15/2006  ...........     8/1/2006  ...........  ...........    12/9/2006  ...........
                                                                    Columbia          Judge.
                                                                    Circuit.
                                                                                                         6/29/2006                                                        9/29/2006  ...........
Kethledge, Raymond M.........  MI..............  Returned........  Sixth Circuit...  US Circuit Court    6/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
Livingston, Debra Ann........  NY..............  Returned........  Second Circuit..  US Circuit Court    6/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
McKeague, David W............  MI..............  Confirmed.......  Sixth Circuit...  US Circuit Court    2/14/2005     1/7/2003    6/16/2004    5/26/2005     6/9/2005    12/8/2004  ...........
                                                                                      Judge.                                                   Voice Vote         96-0      (108th)
Moore, Kimberly Ann..........  VA..............  Confirmed.......  Federal Circuit.  US Circuit Court    5/18/2006  ...........    6/28/2006    7/27/2006     9/5/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote         92-0
Murphy, III, Stephen Joseph..  MI..............  Returned........  Sixth Circuit...  US Circuit Court    6/26/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
Myers, III, William Gerry....  ID..............  Returned........  Ninth Circuit...  US Circuit Court     9/5/2006    2/14/2005     3/1/2005    3/17/2005  ...........    9/29/2006  ...........
                                                                                      Judge.                                                         10-8
                                                                                                                                    2/5/2004     4/1/2004                  8/3/2006
                                                                                                                                                                          12/8/2004
Neilson, Susan Bieke.........  MI..............  Confirmed.......  Sixth Circuit...  US Circuit Court    2/14/2005     1/7/2003     9/8/2004   10/20/2005   10/27/2005    12/8/2004  ...........
                                                                                      Judge.                                                         18-0         97-0      (108th)
Owen, Priscilla Richman......  TX..............  Confirmed.......  Fifth Circuit...  US Circuit Court    2/14/2005     1/7/2003    3/13/2003    4/21/2005    5/25/2005    12/8/2004  ...........
                                                                                      Judge.                                                         10-8        55-43      (108th)
Payne, James Hardy...........  OK..............  Withdrawn.......  Tenth Circuit...  US Circuit Court    9/29/2005  ...........  ...........  ...........  ...........  ...........     3/8/2006
                                                                                      Judge.
Pryor, William H.............  AL..............  Confirmed.......  Eleventh Circuit  US Circuit Court    2/14/2005    3/12/2004    6/11/2003    5/12/2005     6/9/2005    12/8/2004  ...........
                                                                                      Judge.                                         (108th)         10-8        53-45      (108th)
Saad, Henry W................  MI..............  Withdrawn.......  Sixth Circuit...  US Circuit Court    2/14/2005     1/7/2003  ...........  ...........  ...........  ...........    3/29/2006
                                                                                      Judge.
Shepherd, Bobby E............  AR..............  Confirmed.......  Eighth Circuit..  US Circuit Court    5/18/2006  ...........    6/28/2006    7/13/2006    7/20/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote   Voice Vote
Smith, Milan D...............  CA..............  Confirmed.......  Ninth Circuit...  US Circuit Court    2/14/2006  ...........    4/25/2006     5/4/2006    5/16/2006  ...........  ...........
                                                                                      Judge.                                                   Voice Vote         94-0
Smith, Norman Randy..........  ID..............  Returned........  Ninth Circuit...  US Circuit Court   11/15/2006     1/3/2006     3/1/2006  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
                                                                                                          9/5/2006                              9/21/2006                 9/29/2006
                                                                                                                                                     10-8
                                                                                                                                                 4/4/2006                  8/3/2006
                                                                                                                                               Voice Vote
Wallace, Michael B...........  MS..............  Returned........  Fifth Circuit...  US Circuit Court   11/15/2006     2/8/2006    9/26/2006  ...........  ...........    12/9/2006  ...........
                                                                                      Judge.
                                                                                                          9/5/2006                                                        9/29/2006
                                                                                                                                                                           8/3/2006
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                         DISTRICT COURT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Reported
             Name                    State            Status            Office             Title         Nom date    Prior nom     Hearing        out       Confirmed     Returned    Withdrawn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bailey, John Preston.........  WV..............  Returned........  Northern          US District         6/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    District of       Court Judge.
                                                                    West Virginia.
Baker, Valerie K.............  CA..............  Floor...........  Central District  US District          5/4/2006  ...........     8/1/2006    9/21/2006  ...........    12/9/2006  ...........
                                                                    of California.    Court Judge.                                             Voice Vote
Barrett, Michael Ryan........  OH..............  Confirmed.......  Southern          US District        12/16/2005  ...........    3/29/2006    4/27/2006     5/1/2006  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote         90-0
                                                                    Ohio.
Batten, Sr., Timothy C.......  GA..............  Confirmed.......  Northern          US District         9/28/2005  ...........     2/7/2006    2/16/2006     3/6/2006  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote         88-0
                                                                    Georgia.
Besosa, Francisco Augusto....  PR..............  Confirmed.......  District of       US District         5/16/2006  ...........     8/1/2006    9/21/2006    9/25/2006  ...........  ...........
                                                                    Puerto Rico.      Court Judge.                                             Voice Vote         87-0
Bianco, Joseph Frank.........  NY..............  Confirmed.......  Eastern District  US District         7/28/2005  ...........    11/1/2005   11/17/2006   12/21/2005  ...........  ...........
                                                                    of New York.      Court Judge.                                             Voice Vote   Voice Vote
Bryant, Vanessa Lynne........  CT..............  Returned........  District of       US District         1/25/2006  ...........    9/26/2006  ...........  ...........    12/9/2006  ...........
                                                                    Connecticut.      Court Judge.
Bumb, Renee Marie............  NJ..............  Confirmed.......  District of New   US District         1/25/2006  ...........    4/25/2006     5/4/2006     6/6/2006  ...........  ...........
                                                                    Jersey.           Court Judge.                                             Voice Vote         89-0
Burgess, Timothy Mark........  AK..............  Confirmed.......  District of       US District         7/28/2005  ...........    11/1/2005    11/17/200   12/21/2005  ...........  ...........
                                                                    Alaska.           Court Judge.                                             Voice Vote   Voice Vote
Cogan, Brian M...............  NY..............  Confirmed.......  Eastern District  US District         1/25/2006  ...........    3/29/2006    4/27/2006     5/4/2006  ...........  ...........
                                                                    of New York.      Court Judge.                                             Voice Vote         95-0
Conrad, Robert J.............  NC..............  Confirmed.......  Western District  US District         2/14/2005    4/28/2003     3/3/2005    4/14/2005    4/28/2005    12/8/2004  ...........
                                                                    of North          Court Judge.                                             Voice Vote   Voice Vote      (108th)
                                                                    Carolina.
Cox, Sean F..................  MI..............  Confirmed.......  Eastern District  US District         2/14/2005    9/10/2004     5/2/2006    5/11/2006     6/6/2006    12/8/2004  ...........
                                                                    of Michigan.      Court Judge.                                             Voice Vote   Voice Vote      (108th)
Crotty, Paul A...............  NY..............  Confirmed.......  Southern          US District         2/14/2005     9/7/2004   11/16/2004    3/17/2005    4/11/2005    12/8/2004  ...........
                                                                    District of New   Court Judge.                                             Voice Vote         95-0      (108th)
                                                                    York.
Delgado-Colon, Aida M........  PR..............  Confirmed.......  District of       US District        10/26/2005  ...........     2/7/2006    2/16/2006     3/6/2006  ...........  ...........
                                                                    Puerto Rico.      Court Judge.                                             Voice Vote   Voice Vote
Dever, III, James C..........  NC..............  Confirmed.......  Eastern District  US District         2/14/2005     1/7/2003     3/3/2005    4/14/2005    4/28/2005    12/8/2004  ...........
                                                                    of North          Court Judge.                                             Voice Vote   Voice Vote      (108th)
                                                                    Carolina.
Donohue, Mary O..............  NY..............  Returned........  Northern          US District         6/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    District of New   Court Judge.
                                                                    York.
DuBose, Kristi...............  AL..............  Confirmed.......  Southern          US District         9/28/2005  ...........   11/15/2005   11/17/2005   12/21/2005  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote   Voice Vote
                                                                    Alabama.
Fischer, Nora Barry..........  PA..............  Floor...........  Western District  US District         7/14/2006  ...........    9/12/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    of Pennsylvania.  Court Judge.                                             Voice Vote
Frizzell, Gregory Kent.......  OK..............  Floor...........  Northern          US District          6/7/2006  ...........    9/12/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    District of       Court Judge.                                             Voice Vote
                                                                    Oklahoma.
Gelpi, Gustavo Antonio.......  PR..............  Confirmed.......  District of       US District         4/25/2006  ...........    6/15/2006    7/13/2006    7/20/2006  ...........  ...........
                                                                    Puerto Rico.      Court Judge.                                             Voice Vote   Voice Vote
Golden, Thomas M.............  PA..............  Confirmed.......  Eastern District  US District         1/25/2006  ...........    3/29/2006    4/27/2006     5/4/2006  ...........  ...........
                                                                    of Pennsylvania.  Court Judge.                                             Voice Vote         96-0
Guilford, Andrew J...........  CA..............  Confirmed.......  Central District  US District         1/25/2006  ...........    5/24/2006     6/8/2006    6/22/2006  ...........  ...........
                                                                    of California.    Court Judge.                                             Voice Vote         93-0
Gutierrez, Philip S..........  CA..............  Floor...........  Central District  US District         4/24/2006  ...........     8/1/2006    9/21/2006  ...........    12/9/2006  ...........
                                                                    of California.    Court Judge.                                             Voice Vote
Hillman, Noel Lawrence.......  NJ..............  Confirmed.......  District of New   US District         1/25/2006  ...........    4/25/2006     5/4/2006     6/8/2006  ...........  ...........
                                                                    Jersey.           Court Judge.                                             Voice Vote         98-0
Holmes, Jerome A.............  OK..............  Withdrawn.......  Northern          US District         2/14/2006  ...........  ...........  ...........  ...........  ...........     5/4/2006
                                                                    District of       Court Judge.
                                                                    Oklahoma.
Howard, Marcia Morales.......  FL..............  Floor...........  Middle District   US District          6/6/2006  ...........     9/6/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    of Florida.       Court Judge.                                             Voice Vote
Jarvey, John Alfred..........  IA..............  Floor...........  Southern          US District         6/29/2006  ...........     9/6/2006    9/26/2006  ...........    12/9/2006  ...........
                                                                    District of       Court Judge.                                             Voice Vote
                                                                    Iowa.
Johnston, Thomas E...........  WV..............  Confirmed.......  Southern          US District         9/28/2005  ...........     2/7/2006    2/16/2006     3/6/2006  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote         89-0
                                                                    West Virginia.
Jonker, Robert James.........  MI..............  Floor...........  Western District  US District         6/29/2006  ...........    9/19/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    of Michigan.      Court Judge.                                             Voice Vote
Jordan, III, Daniel Porter...  MS..............  Confirmed.......  Southern          US District         4/24/2006  ...........    6/15/2006    7/13/2006    7/20/2006  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote   Voice Vote
                                                                    Mississippi.
Kendall, Virginia Mary.......  IL..............  Confirmed.......  Northern          US District         9/28/2005  ...........   11/15/2005   11/17/2005   12/21/2005  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote   Voice Vote
                                                                    Illinois.
Larson, Stephen G............  CA..............  Confirmed.......  Central District  US District        12/15/2005  ...........    2/15/2006     3/2/2006    3/16/2006  ...........  ...........
                                                                    of California.    Court Judge.                                             Voice Vote   Voice Vote
Lioi, Sara Elizabeth.........  OH..............  Floor...........  District of Ohio  US District         7/14/2006  ...........     9/6/2006    9/26/2006  ...........    12/9/2006  ...........
                                                                                      Court Judge.                                             Voice Vote
Ludington, Thomas L..........  MI..............  Confirmed.......  Eastern District  US District         2/14/2005     1/7/2003     5/2/2006    5/11/2006     6/8/2006    12/8/2004  ...........
                                                                    of Michigan.      Court Judge.                                             Voice Vote   Voice Vote      (108th)
Maloney, Paul Lewis..........  MI..............  Floor...........  Western District  US District         6/29/2006  ...........    9/19/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    of Michigan.      Court Judge.                                             Voice Vote
Mattice, Jr., Harry Sandlin..  TN..............  Confirmed.......  Eastern District  US District         7/28/2005  ...........    9/29/2005   10/20/2005   10/24/2005  ...........  ...........
                                                                    of Tennessee.     Court Judge.                                             Voice Vote         91-0
Mauskopf, Roslynn Renee......  NY..............  Returned........  Eastern District  US District          8/2/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of New York.      Court Judge.
Miller, Gray Hampton.........  TX..............  Confirmed.......  Southern          US District         1/25/2006  ...........    3/14/2006    3/30/2006    4/25/2006  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote         93-0
                                                                    Texas.
Neff, Janet T................  MI..............  Floor...........  Western District  US District         6/29/2006  ...........    9/19/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    of Michigan.      Court Judge.                                             Voice Vote
O'Grady......................  VA..............  Returned........  Eastern District  US District          8/2/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of Virginia.      Court Judge.
O'Neill, Lawrence Joseph.....  CA..............  Floor...........  Eastern District  US District          8/2/2006  ...........    9/12/2006    9/21/2006  ...........    12/9/2006  ...........
                                                                    of California.    Court Judge.                                             Voice Vote
Osteen, Jr., William Lindsay.  NC..............  Returned........  Middle District   US District         9/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of North          Court Judge.
                                                                    Carolina.
Ozerden, Halil Suleyman......  MS..............  Returned........  Southern          US District          9/5/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    District of       Court Judge.
                                                                    Mississippi.
Reidinger, Martin Karl.......  NC..............  Returned........  Western District  US District         9/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of North          Court Judge.
                                                                    Carolina.
Ryan, Daniel P...............  MI..............  Withdrawn.......  Eastern District  US District         2/14/2005    4/28/2003  ...........  ...........  ...........  ...........    3/31/2006
                                                                    of Michigan.      Court Judge.
Sandoval, Brian Edward.......  NV..............  Confirmed.......  District of       US District          3/1/2005  ...........    9/29/2005   10/20/2005   10/24/2005  ...........  ...........
                                                                    Nevada.           Court Judge.                                             Voice Vote         89-0
Schiltz, Patrick Joseph......  MN..............  Confirmed.......  District of       US District        12/14/2005  ...........     3/1/2006    3/30/2006    4/26/2006  ...........  ...........
                                                                    Minnesota.        Court Judge.                                             Voice Vote   Voice Vote
Schroeder, Thomas D..........  NC..............  Returned........  Middle District   US District         9/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of North          Court Judge.
                                                                    Carolina.
Seabright, J. Michael........  HI..............  Confirmed.......  District of       US District         2/14/2005    9/15/2004   11/16/2004    3/17/2005    4/27/2005    12/8/2004  ...........
                                                                    Hawaii.           Court Judge.                                             Voice Vote   Voice Vote      (108th)
Sheridan, Peter G............  NJ..............  Confirmed.......  District of New   US District         2/14/2005    11/5/2003    4/25/2006     5/4/2006     6/8/2006    12/8/2004  ...........
                                                                    Jersey.           Court Judge.                                             Voice Vote         98-0      (108th)
Smoak, John Richard..........  FL..............  Confirmed.......  Northern          US District          6/8/2005  ...........    9/29/2005   10/20/2005   10/27/2005  ...........  ...........
                                                                    District of       Court Judge.                                             Voice Vote         97-0
                                                                    Florida.
Southwick, Leslie............  MS..............  Floor...........  Southern          US District          6/6/2006  ...........    9/19/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    District of       Court Judge.                                             Voice Vote
                                                                    Mississippi.
VanTatenhove, Gregory F......  KY..............  Confirmed.......  Eastern District  US District         9/13/2005  ...........    11/1/2005   11/17/2005   12/21/2005  ...........  ...........
                                                                    of Kentucky.      Court Judge.                                             Voice Vote   Voice Vote
Vitaliano, Eric Nicholas.....  NY..............  Confirmed.......  Eastern District  US District         10/7/2005  ...........    11/1/2005   11/17/2005   12/21/2005  ...........  ...........
                                                                    of New York.      Court Judge.                                             Voice Vote   Voice Vote
Watkins, W. Keith............  AL..............  Confirmed.......  Middle District   US District         9/28/2005  ...........   11/15/2005   11/17/2005   12/21/2005  ...........  ...........
                                                                    of Alabama.       Court Judge.                                             Voice Vote   Voice Vote
Whitney, Frank D.............  NC..............  Confirmed.......  Western District  US District         2/14/2006  ...........    5/24/2006    6/15/2006    6/22/2006  ...........  ...........
                                                                    of North          Court Judge.                                             Voice Vote   Voice Vote
                                                                    Carolina.
Wigenton, Susan Davis........  NJ..............  Confirmed.......  District of New   US District         1/25/2006  ...........    4/25/2006     5/4/2006    5/26/2006  ...........  ...........
                                                                    Jersey.           Court Judge.                                             Voice Vote   Voice Vote
Wood, Lisa Godbey............  GA..............  Floor...........  Southern          US District         6/12/2006  ...........    9/12/2006    9/29/2006  ...........    12/9/2006  ...........
                                                                    District of       Court Judge.                                             Voice Vote
                                                                    Georgia.
Wright, II, Otis D...........  CA..............  Returned........  Central District  US District          9/5/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of California.    Court Judge.
Wu, George H.................  CA..............  Returned........  Central District  US District          9/5/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of California.    Court Judge.
Zouhary, Jack................  OH..............  Confirmed.......  Northern          US District        12/14/2005  ...........    2/15/2006     3/2/2006    3/16/2006
                                                                    District of       Court Judge.                                             Voice Vote         96-0
                                                                    Ohio.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                      EXECUTIVE NOMINATIONS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Reported
             Name                    State            Status            Office             Title         Nom date    Prior nom     Hearing        out       Confirmed     Returned    Withdrawn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Acosta, R. Alexander.........  FL..............  Confirmed.......  Southern          US Attorney.....     6/9/2006  ...........           NA    7/27/2006     8/3/2006  ...........  ...........
                                                                    District of                                                                Voice Vote
                                                                    Florida.
Aguigui, Earl C..............  GU..............  Returned........  District of       US Marshal......    2/14/2005  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    Northern
                                                                    Mariana Islands
                                                                    and Guam.
Anderson, Thomas D...........  VT..............  Confirmed.......  District of       US Attorney.....    5/11/2006  ...........           NA    6/15/2006    6/22/2006  ...........  ...........
                                                                    Vermont.                                                                   Voice Vote   Voice Vote
Barnett, Thomas O............  VA..............  Confirmed.......  Department of     Assistant            9/6/2005  ...........    10/6/2005    11/3/2005    2/10/2006  ...........  ...........
                                                                    Justice.          Attorney                                                 Voice Vote   Voice Vote
                                                                                      General.
Bradbury, Steven G...........  MD..............  Returned........  Department of     Assistant          11/14/2006    6/23/2005    10/6/2005  ...........  ...........    12/9/2006  ...........
                                                                    Justice.          Attorney
                                                                                      General.
                                                                                                         1/25/2006                              7/27/2006                 9/29/2006  ...........
                                                                                                                                               Voice Vote
                                                                                                                                                11/3/2005                12/22/2005  ...........
                                                                                                                                               Voice Vote
Brand, Rachel................  IA..............  Confirmed.......  Department of     Assistant            4/4/2005  ...........    5/12/2006    6/16/2005    7/28/2005  ...........  ...........
                                                                    Justice.          Attorney                                                 Voice Vote   Voice Vote
                                                                                      General.
Clark, John F................  VA..............  Confirmed.......  United States     Director, US        3/31/2006  ...........    2/15/2006    3/16/2006    3/16/2006  ...........  ...........
                                                                    Marshal Service.  Marshal Service.                                         Voice Vote   Voice Vote
Clement, Paul D..............  VA..............  Confirmed.......  Department of     Solicitor           3/14/2005  ...........    4/27/2005    5/26/2005     6/8/2005  ...........  ...........
                                                                    Justice.          General.                                                 Voice Vote   Voice Vote
DeGabrielle, Jr., Donald J...  TX..............  Confirmed.......  Southern          US Attorney.....    2/13/2006  ...........           NA     3/9/2006    3/13/2006  ...........  ...........
                                                                    District of                                                                Voice Vote   Voice Vote
                                                                    Texas.
Dinkins, Carol E.............  TX..............  Confirmed.......  Executive Office  Chairman,           9/28/2005  ...........    11/8/2005    2/16/2006    2/17/2006  ...........  ...........
                                                                    of the            Privacy and                                              Voice Vote   Voice Vote
                                                                    President.        Civil Liberties
                                                                                      Oversight Board.
Eid, Troy A..................  CO..............  Confirmed.......  District of       US Attorney.....     6/9/2006  ...........           NA     8/3/2006     8/3/2006  ...........  ...........
                                                                    Colorado.                                                                  Voice Vote   Voice Vote
Fisher, Alice S..............  VA..............  Confirmed.......  Department of     Assistant           9/20/2006     4/4/2006    5/12/2005    6/16/2005    9/19/2006  ...........  ...........
                                                                    Justice.          Attorney                                                 Voice Vote        61-35
                                                                                      General.
Flanigan, Timothy Elliott....  VA..............  Withdrawn.......  Department of     Deputy Attorney     6/20/2005  ...........    7/18/2005  ...........  ...........  ...........    10/7/2005
                                                                    Justice.          General.
Flynn, Terrance P............  NY..............  Confirmed.......  Western District  US Attorney.....   12/16/2005  ...........           NA     3/2/2006    3/13/2006  ...........  ...........
                                                                    of New York.                                                               Voice Vote   Voice Vote
Freeman, Sharee M............  VA..............  Confirmed.......  Department of     Director,          12/20/2005  ...........    3/14/2006    3/30/2006    3/31/2006  ...........  ...........
                                                                    Justice.          Community                                                Voice Vote   Voice Vote
                                                                                      Relations
                                                                                      Service.
Friedrich, Dabney Langhorne..  VA..............  Returned........  United States     Commissioner....     8/2/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    Sentencing
                                                                    Commission.
Garcia, Michael J............  NY..............  Confirmed.......  Southern          US Attorney.....    6/30/2005  ...........           NA    7/28/2005    7/30/2005  ...........  ...........
                                                                    District of New                                                            Voice Vote   Voice Vote
                                                                    York.
Gonzales, Alberto............  TX..............  Confirmed.......  Department of     Attorney General     1/4/2005   11/16/2004     1/6/2005    1/26/2005     2/3/2005    12/8/2004  ...........
                                                                    Justice.                                                                         10-8        60-36
Gonzalez, Emilio T...........  FL..............  Confirmed.......  Department of     Director, Bureau     9/6/2006  ...........   10/18/2005   11/17/2005   12/21/2005  ...........  ...........
                                                                    Homeland          of Citizenship                                           Voice Vote   Voice Vote
                                                                    Security.         and Immigration
                                                                                      Services.
Green, Phillip J.............  IL..............  Returned........  Southern          US Attorney.....     6/9/2006  ...........           NA  ...........  ...........    12/9/2006  ...........
                                                                    District of
                                                                    Illinois.
Hackman, John Roberts........  VA..............  Returned........  Eastern District  US Marshal......    9/29/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    of Virginia.
Hanaway, Catherine Lucille...  MO..............  Confirmed.......  Eastern District  US Attorney.....    4/29/2005  ...........           NA   11/17/2005   12/17/2005  ...........  ...........
                                                                    of Missouri.                                                               Voice Vote   Voice Vote
Heaton, Rodger A.............  IL..............  Confirmed.......  Central District  US Attorney.....    7/28/2006  ...........           NA    9/21/2006    9/29/2006  ...........  ...........
                                                                    of Illinois.                                                               Voice Vote   Voice Vote
Holding, George E.B..........  NC..............  Confirmed.......  Eastern District  US Attorney.....     6/9/2006  ...........           NA     9/7/2006    9/13/2006  ...........  ...........
                                                                    of North                                                                   Voice Vote   Voice Vote
                                                                    Carolina.
Jackley, Martin J............  SD..............  Confirmed.......  District of       US Attorney.....    5/18/2006  ...........           NA    7/13/2006    7/21/2006  ...........  ...........
                                                                    South Dakota.                                                              Voice Vote   Voice Vote
Jenkins, Anthony Jerome......  VI..............  Confirmed.......  District of the   US Attorney.....    2/17/2005  ...........           NA    5/26/2005     6/8/2005  ...........  ...........
                                                                    Virgin Islands.                                                            Voice Vote   Voice Vote
Junker, Timothy Anthony......  IA..............  Confirmed.......  Northern          US Marshal......    2/27/2006  ...........           NA    4/27/2006    5/12/2006  ...........  ...........
                                                                    District of                                                                Voice Vote   Voice Vote
                                                                    Iowa.
Kim, Wan J...................  MD..............  Confirmed.......  Department of     Assistant           6/16/2005  ...........    10/6/2005    11/3/2005    11/4/2005  ...........  ...........
                                                                    Justice, Civil    Attorney                                                 Voice Vote   Voice Vote
                                                                    Rights Division.  General.
King, Stephen S..............  NY..............  Confirmed.......  Department of     Member, Foreign    11/10/2005  ...........           NA    2/16/2006    2/17/2006  ...........  ...........
                                                                    Justice.          Claims                                                   Voice Vote   Voice Vote
                                                                                      Settlement
                                                                                      Commission.
Kustoff, David F.............  TN..............  Confirmed.......  Western District  US Attorney.....    2/17/2006  ...........           NA    3/16/2006    3/16/2006  ...........  ...........
                                                                    of Tennessee.                                                              Voice Vote   Voice Vote
Letten, James B..............  LA..............  Confirmed.......  Eastern District  US Attorney.....    5/13/2005  ...........           NA    6/30/2005     7/1/2005  ...........  ...........
                                                                    of Louisiana.                                                              Voice Vote   Voice Vote
Lloyd, Reginald I............  SC..............  Confirmed.......  District of       US Attorney.....   12/16/2005  ...........           NA    2/16/2006    2/17/2006  ...........  ...........
                                                                    South Carolina.                                                            Voice Vote   Voice Vote
McNulty, Paul J..............  VA..............  Confirmed.......  Department of     Deputy Attorney     11/9/2005  ...........     2/2/2006    2/16/2006    3/16/2006  ...........  ...........
                                                                    Justice.          General.                                                 Voice Vote   Voice Vote
Mercer, William W............  MT..............  Returned........  Department of     Associate            9/5/2006  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    Justice.          Attorney
                                                                                      General.
Murphy, III, Stephen Joseph..  MI..............  Confirmed.......  Eastern District  US Attorney.....    2/17/2005  ...........           NA    5/26/2005     6/8/2005  ...........  ...........
                                                                    of Michigan.                                                               Voice Vote   Voice Vote
Myers, Julie L...............  KS..............  Floor...........  Department of     Secretary of        2/10/2006  ...........   10/18/2005    11/7/2005  ...........    12/9/2006  ...........
                                                                    Homeland          Homeland           10/7/2005                             Voice Vote
                                                                    Security.         Security.
O'Gara, James F.X............  PA..............  Returned........  Office of         Deputy Director      9/5/2006    7/28/2006   10/18/2005  ...........  ...........    12/9/2006  ...........
                                                                    National Drug     for Supply
                                                                    Control Policy.   Reduction.
                                                                                                                                                                           8/3/2006  ...........
Orton, Gary D................  NV..............  Confirmed.......  District of       US Marshal......    3/31/2006  ...........           NA    5/25/2006    5/26/2006  ...........  ...........
                                                                    Nevada.                                                                    Voice Vote   Voice Vote
Paulose, Rachel K............  MN..............  Confirmed.......  District of       US Attorney.....     8/2/2006  ...........           NA    12/9/2006    12/9/2006  ...........  ...........
                                                                    Minnesota.                                                                 Discharged   Voice Vote
                                                                                                                                                    by UC
Peterson, Erik C.............  WI..............  Confirmed.......  Western District  US Attorney.....    4/24/2006  ...........           NA    5/25/2006    5/26/2006  ...........  ...........
                                                                    of Wisconsin.                                                              Voice Vote   Voice Vote
Potter, Sharon Lynn..........  WV..............  Confirmed.......  Northern          US Attorney.....     6/9/2006  ...........           NA    9/29/2006    9/29/2006  ...........  ...........
                                                                    District of                                                                Voice Vote   Voice Vote
                                                                    West Virginia.
Raul, Charles Alan...........  DC..............  Confirmed.......  Executive Office  Vice Chairman,      9/28/2005  ...........    11/8/2005    2/16/2006    2/17/2006  ...........  ...........
                                                                    of the            Privacy and                                              Voice Vote   Voice Vote
                                                                    President.        Civil Liberties
                                                                                      Oversight Board.
Rhodes, Deborah Jean Johnson.  AL..............  Confirmed.......  Southern          US Attorney.....    7/28/2006  ...........           NA    9/29/2006    9/29/2006  ...........  ...........
                                                                    District of                                                                Voice Vote   Voice Vote
                                                                    Alabama.
Richter, John Charles........  OK..............  Confirmed.......  Western District  US Attorney.....    2/17/2006  ...........           NA     3/9/2006    3/13/2006  ...........  ...........
                                                                    of Oklahoma.                                                               Voice Vote   Voice Vote
Rivkin, David B..............  VA..............  Returned........  Foreign Claims    Member..........    1/24/2005  ...........  ...........  ...........  ...........    12/9/2006  ...........
                                                                    Settlement
                                                                    Commission.
Rosenberg, Charles P.........  VA..............  Confirmed.......  Eastern District  US Attorney.....     5/4/2006  ...........           NA     6/8/2006    6/13/2006  ...........  ...........
                                                                    of Virginia.                                                               Voice Vote   Voice Vote
Rosenstein, Rod J............  MD..............  Confirmed.......  District of       US Attorney.....    5/24/2005  ...........           NA    6/30/2005     7/1/2005  ...........  ...........
                                                                    Maryland.                                                                  Voice Vote   Voice Vote
Schofield, Regina B..........  VA..............  Confirmed.......  Department of     Assistant            4/4/2005  ...........    5/12/2005    5/26/2005     6/8/2005  ...........  ...........
                                                                    Justice.          Attorney                                                 Voice Vote   Voice Vote
                                                                                      General.
Sedgwick, Jeffrey L..........  MA..............  Confirmed.......  Department of     Director, Bureau    1/31/2006  ...........    3/14/2006    3/30/2006    3/31/2006  ...........  ...........
                                                                    Justice.          of Justice                                               Voice Vote   Voice Vote
                                                                                      Statistics.
Shappert, Gretchen C.F.......  NC..............  Confirmed.......  Western District  US Attorney.....    2/14/2005  ...........           NA    5/26/2005     6/8/2005  ...........  ...........
                                                                    of North                                                                   Voice Vote   Voice Vote
                                                                    Carolina.
Smith, Sr., Patrick Carroll..  NC..............  Confirmed.......  Western District  US Marshal......    2/27/2006  ...........           NA    4/27/2006    5/12/2006  ...........  ...........
                                                                    of North                                                                   Voice Vote   Voice Vote
                                                                    Carolina.
Swaim, Peter Manson..........  IN..............  Confirmed.......  Southern          US Marshal......    6/23/2005  ...........           NA    7/28/2005    7/29/2005  ...........  ...........
                                                                    District of                                                                             Voice Vote
                                                                    Indiana.
Sweeney, Margaret Mary.......  VA..............  Confirmed.......  US Court of       US Court of         6/14/2005  ...........    9/29/2005   10/20/2005   10/21/2005  ...........  ...........
                                                                    Federal Claims.   Federal Claims                                           Voice Vote   Voice Vote
                                                                                      Judge.
Tamargo, Mauricio J..........  FL..............  Confirmed.......  Department of     Chairman,            2/6/2006  ...........           NA     3/9/2006    3/13/2006  ...........  ...........
                                                                    Justice.          Foreign Claims                                           Voice Vote   Voice Vote
                                                                                      Settlement
                                                                                      Commission.
Thapar, Annul R..............  KY..............  Confirmed.......  Eastern District  US Attorney.....    2/17/2006  ...........           NA     3/9/2006    3/13/2006  ...........  ...........
                                                                    of Kentucky.                                                               Voice Vote   Voice Vote
Tolman, Brett L..............  UT..............  Confirmed.......  District of Utah  US Attorney.....     6/9/2006  ...........           NA    7/13/2006    7/21/2006  ...........  ...........
                                                                                                                                               Voice Vote   Voice Vote
Tydingco-Gatewood, Frances     Guam............  Confirmed.......  District of Guam  Judge for           4/25/2006  ...........    7/11/2006     8/3/2006     8/3/2006  ...........  ...........
 Marie.                                                                               District Court                                           Voice Vote   Voice Vote
                                                                                      of Guam.
Wainstein, Kenneth L.........  VA..............  Confirmed.......  Department of     Assistant           3/13/2006  ...........     5/2/2006    6/15/2006    9/21/2006  ...........  ...........
                                                                    Justice.          Attorney                                                 Voice Vote   Voice Vote
                                                                                      General.
Wainstein, Kenneth L.........  VA..............  Confirmed.......  District of       US Attorney.....     6/8/2005  ...........           NA     9/8/2005    10/7/2005  ...........  ...........
                                                                    Columbia.                                                                  Voice Vote   Voice Vote
Wheeler, Thomas Craig........  MD..............  Confirmed.......  US Court of       US Court of         6/14/2005  ...........    9/29/2005   10/20/2005   10/21/2005  ...........  ...........
                                                                    Federal Claims.   Federal Claims                                           Voice Vote   Voice Vote
                                                                                      Judge.
Wooldridge, Sue Ellen........  VA..............  Confirmed.......  Department of     Assistant           6/20/2005  ...........    10/6/2005    11/3/2005   11/10/2005  ...........  ...........
                                                                    Justice.          Attorney                                                 Voice Vote   Voice Vote
                                                                                      General.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

          VI. SUMMARY MATERIALS REGARDING COMMITTEE ACTIVITIES


A. STATISTICAL OVERVIEW

Referred to Committee:
    Bills referred to Committee (S. and H.R.).....................   420
    Resolutions referred to Committee.............................   182
        Joint Resolutions.........................................    19
        Concurrent Resolutions....................................    46
        Resolutions...............................................   117
    Nominations referred to Committee.............................   177
Hearing Tally:
    Total number of Judiciary Committee Hearings..................   164
    Full Committee Hearings (Includes 5 field hearings)...........   116
    Subcommittee Hearings.........................................    48
Hearing Breakdown by Subcommittee:
    Constitution, Civil Rights and Property Rights................    10
    Administrative Oversight and the Courts.......................     5
    Antitrust, Competition Policy and Consumer Rights.............     4
    Crime and Drugs...............................................     2
    Immigration, Border Security and Citizenship..................     9
    Intellectual Property.........................................     4
    Terrorism, Technology and Homeland Security...................     6
    Corrections and Rehabilitation................................     1
    Joint Hearings: Immigration, Border Security and Citizenship 
      joined with Terrorism Technology and Homeland Security......     3
Markup Tally:
    Full Committee Executive Business Meetings: No Quorum reached 
      at 15.......................................................    62
    Subcommittee Executive Business Meetings......................     2
Reported out of Committee:
    Bills reported by Committee...................................    43
    Nominations reported by Committee.............................   124
Floor Action:
    Days on Floor: \1\ Legislation and Nominations under Committee 
      Jurisdiction................................................   107
    Days in Session...............................................   296
    Percentage....................................................  36.1
    Legislation Receiving Floor Consideration.....................    19
    Days of Legislation on Floor..................................    65
    Nominations Receiving Floor Consideration.....................    44
    Days of Nominations on Floor..................................    51
    Nominations Confirmed.........................................   104
    Bills Signed into Law \2\.....................................    22
    Bills Passed by Congress Pending President's Signature........     7
    Bills Passed by Senate \3\....................................    47
    Resolutions Passed by Senate..................................    71

\1\ This number reflects the days in which Senators made substantial 
statements, formally debated, or voted on a pending issue under the 
jurisdiction of the Senate Judiciary Committee.
\2\ This number reflects laws passed that formally went through the 
Senate Judiciary Committee and laws passed that included language 
adopted from legislation handled by the Senate Judiciary Committee.
\3\ This number reflects passage of legislation handled by the Senate 
Judiciary Committee, including larger omnibus legislation that 
incorporates Judiciary Committee language. In a few instances 
legislation passed independently, and then passed a second time as part 
of a larger legislative package this count includes each time 
legislation was passed.
---------------------------------------------------------------------------

B. HEARINGS OF THE 109TH CONGRESS

------------------------------------------------------------------------

------------------------------------------------------------------------
January 2005:
    Executive Nomination--Full Committee................        1/6/2005
    The Fairness in Asbestos Injury Resolution Act--Full       1/11/2005
     Committee..........................................
    Judicial Nominations--Full Committee................       1/26/2005
February 2005:
    Asbestos: Mixed Dust and FELA Issues--Full Committee        2/2/2005
    Bankruptcy Reform--Full Committee...................       2/10/2005
March 2005:
    Judicial Nominations--Full Committee................        3/1/2005
    Judicial Nominations--Full Committee................        3/8/2005
    Terrorism and the EMP Threat to Homeland Security--         3/8/2005
     Terrorism, Technology and Homeland Security........
    Strengthening Enforcement and Border Security: The 9/      3/14/2005
     11 Commission Staff Report on Terrorist Travel--
     Immigration, Border Security and Citizenship.......
    SBC/ATT and Verizon/MCI Mergers--Remaking the              3/15/2005
     Telecommunications Industry--Full Committee........
    Openness in Government and Freedom of Information:         3/15/2005
     Examining the OPEN Government Act of 2005--
     Terrorism, Technology and Homeland Security........
    Obscenity Prosecution and the Constitution--               3/16/2005
     Constitution, Civil Rights and Property Rights.....
April 2005:
    Oversight of the USA PATRIOT Act--Full Committee....        4/5/2005
    Securing Electronic Personal Data: Striking a              4/13/2005
     Balance Between Privacy and Commercial and
     Governmental Use--Full Committee...................
    Less Faith in Judicial Credit: Are Federal and State       4/13/2005
     Marriage Protection Initiatives Vulnerable to
     Judicial Activism?--Constitution, Civil Rights and
     Property Rights....................................
    Strengthening Interior Enforcement: Deportation and        4/14/2005
     Related Issues--Immigration, Border Security and
     Citizenship........................................
    SBC/ATT and Verizon/MCI Mergers: Remaking the              4/19/2005
     Telecommunications Industry, Part II--Another View--
     Antitrust, Competition Policy and Consumer Rights..
    A Review of the Material Support to Terrorism              4/20/2005
     Prohibition--Terrorism, Technology and Homeland
     Security...........................................
    Perspectives on Patents--Intellectual Property......       4/25/2005
    A Fair and Efficient System to Resolve Claims of           4/26/2005
     Victims for Bodily Injury Caused by Asbestos, and
     for Other Purposes--Full Committee.................
    Executive Nominations--Full Committee...............       4/27/2005
    Strengthening Border Security Between Ports of             4/28/2005
     Entry: The Use of Technology to Protect the Borders
     Immigration, Border Security and Citizenship --
     Terrorism, Technology and Homeland Security........
May 2005:
    Continued Oversight of the USA PATRIOT Act--Full           5/10/2005
     Committee..........................................
    Executive Nominations--Full Committee...............       5/12/2005
    The Need for Comprehensive Immigration Reform:             5/17/2005
     Strengthening Our National Security--Immigration,
     Border Security and Citizenship....................
    Protecting the Judiciary at Home and in the                5/18/2005
     Courthouse--Full Committee.........................
    The National Consensus to Protect Marriage: Why a          5/19/2005
     Constitutional Amendment is Needed--Constitution,
     Civil Rights and Property Rights...................
    Piracy of Intellectual Property--Intellectual              5/25/2005
     Property...........................................
    The Need for Comprehensive Immigration Reform              5/26/2005
     Serving Our National Economy--Immigration, Border
     Security and Citizenship...........................
June 2005:
    The Southern Border Crisis: Resources and Strategies        6/7/2005
     to Improve National Security Immigration, Border
     Security and Citizenship--Terrorism, Technology and
     Homeland Security..................................
    Prevention of Youth and Gang Violence--Full                6/13/2005
     Committee..........................................
    Patent Law Reform: Injunctions and Damages--               6/14/2005
     Intellectual Property..............................
    Detainees--Full Committee...........................       6/15/2005
    The Consequences of Roe v. Wade and Doe v. Bolton--        6/23/2005
     Constitution, Civil Rights and Property Rights.....
    The Need for Comprehensive Immigration Reform:             6/30/2005
     Securing the Cooperation of Participating
     Countries--Immigration, Border Security and
     Citizenship........................................
July 2005:
    Music Licensing Reform--Intellectual Property.......       7/12/2005
    Habeas Corpus Proceedings and Issues of Actual             7/13/2005
     Innocence--Full Committee..........................
    Reauthorization of the Violence Against Women Act--        7/19/2005
     Full Committee.....................................
    A Review of Federal Consent Decrees--Administrative        7/19/2005
     Oversight and the Courts...........................
    Reporters' Shield Legislation: Issues and                  7/20/2005
     Implications--Full Committee.......................
    Perspectives on Patents: Harmonization and Other           7/26/2005
     Matters--Full Committee............................
    Comprehensive Immigration Reform--Full Committee....       7/26/2005
    Executive Nomination--Full Committee................       7/26/2005
    FBI Oversight--Full Committee.......................       7/27/2005
September 2005:
    Nomination of John G. Roberts--Full Committee.......       9/12/2005
    The Kelo Decision: Investigation Takings of Homes          9/20/2005
     and other Private Property--Full Committee.........
    Able Danger and Intelligence Information Sharing--         9/21/2005
     Full Committee.....................................
    Protecting Copy Right and Innovation in Post-              9/28/2005
     Grokster World--Full Committee.....................
    Judicial Nominations--Full Committee................       9/29/2005
October 2005:
    Executive Nominations--Full Committee...............       10/6/2005
    Comprehensive Immigration Reform II--Full Committee.      10/18/2005
    Executive Nominations--Full Committee...............      10/18/2005
    Video Competition in 2005--More Consolidation, or         10/19/2005
     New Choices for Consumer?--Antitrust, Competition
     Policy and Consumer Rights.........................
    Reporters' Privilege Legislation: An Additional           10/19/2005
     Investigation of Issues and Implications--Full
     Committee..........................................
    An Examination of the Constitutional Amendment on         10/20/2005
     Marriage--Full Committee...........................
    Revisiting Proposals to Split the Ninth Circuit: An       10/26/2005
     Inevitable Solution to a Growing Problem--
     Administrative Oversight and the Courts............
    Terrorism: Emergency Preparedness--Terrorism,             10/26/2005
     Technology and Homeland Security...................
November 2005:
    Judicial Nominations--Full Committee................       11/1/2005
    Executive Nominations--Full Committee...............       11/8/2005
    Saudi Arabia: Friend or Foe in the War on Terror?--        11/8/2005
     Full Committee.....................................
    Executive Nominations--Full Committee...............       11/8/2005
    Cameras in the Courtroom--Full Committee............       11/9/2005
    Why the Government Should Care about Pornography--        11/10/2005
     Constitution, Civil Rights and Property Rights.....
    Judicial Nominations--Full Committee................      11/15/2005
    Habeas Reform: The Stream Line Procedures Act--Full       11/16/2005
     Committee..........................................
    Creating New Federal Judgeships: The Systematic or        11/16/2005
     Piecemeal Approach--Administrative Oversight and
     the Courts.........................................
    Recent Developments in Assessing Future Asbestos          11/17/2005
     Claims Under the FAIR Act--Full Committee..........
December 2005:
    Proposed Western Hemisphere Passport Rules: Impact         12/2/2005
     on Trade and Tourism--Immigration, Border Security
     and Citizenship....................................
January 2006:
    Nomination of Samuel Alito, Jr. to be Associate             1/9/2006
     Justice of the Supreme Courtq--Full Committee......
February 2006:
    Consolidation in the Energy Industry: Raising Prices        2/1/2006
     at the Pump?--Full Committee.......................
    An Examination of the Death Penalty in the United           2/1/2006
     States--Constitution, Civil Rights and Property
     Rights.............................................
    Executive Nomination--Full Committee................        2/2/2006
    Wartime Executive Power and the NSA's Surveillance          2/6/2006
     Authority--Full Committee..........................
    Judicial Nominations--Full Committee................        2/7/2006
    Judicial and Executive Nominations--Full Committee..       2/15/2006
    Wartime Executive Power and the NSA's Surveillance         2/28/2006
     Authority II--Full Committee.......................
March 2006:
    Federal Strategies to End Border Violence--                 3/1/2006
     Immigration, Border Security and Citizenship
     Terrorism, Technology and Homeland Security........
    Judicial Nominations--Full Committee................        3/1/2006
    Defective Products: Will Criminal Penalties Ensure         3/10/2006
     Corporate Accountability?--Full Committee..........
    Judicial and Executive Nominations--Full Committee..       3/14/2006
    Consolidation in the Oil and Gas Industry: Raising         3/14/2006
     Prices?--Full Committee............................
    Hospital Group Purchasing: Are the Industry's              3/15/2006
     Reforms Sufficient to Ensure Competition?--
     Antitrust, Competition Policy and Consumer Rights..
    NSA III: Wartime Executive Powers and the FISA             3/28/2006
     Court--Full Committee..............................
    Judicial Nominations--Full Committee................       3/29/2006
    What's in a Game? State Regulation of Violent Video        3/29/2006
     Games and the First Amendment--Constitution, Civil
     Rights and Property Rights.........................
    An Examination of the Call to Censure the President--      3/31/2006
     Full Committee.....................................
April 2006:
    Immigration Litigation Reduction--Full Committee....        4/3/2006
    Orphan Works: Proposals for a Legislative Solution--        4/6/2006
     Full Committee.....................................
    Judicial Nominations--Full Committee................       4/25/2006
    Immigration: Economic Impacts--Full Committee.......       4/25/2006
    Parity, Platforms, and Protection: The Future of the       4/26/2006
     Music Industry in the Digital Radio Revolution--
     Full Committee.....................................
    Renewing the Temporary Provisions of the Voting            4/27/2006
     Rights Act: An Introduction to the Evidence--Full
     Committee..........................................
May 2006:
    FBI Oversight--Full Committee.......................        5/2/2006
    Judicial and Executive Nominations--Full Committee..        5/2/2006
    An Introduction to the Expiring Provisions of the           5/9/2006
     Voting Rights Act and Legal Issues Relating to
     Reauthorization--Full Committee....................
    Judicial Nominations--Full Committee................        5/9/2006
    Modern Enforcement of the Voting Rights Act--Full          5/10/2006
     Committee..........................................
    The Continuing Need for Section 5 Pre-Clearance--          5/16/2006
     Full Committee.....................................
    Understanding the Benefits and Costs of Section 5          5/17/2006
     Pre-Clearance--Full Committee......................
    Campus Crime: Compliance and Enforcement under the         5/19/2006
     Clery Act--Full Committee..........................
    Perspectives on Patents: Post-Grant Review                 5/23/2006
     Procedures and Other Litigation Reforms--Full
     Committee..........................................
    Judicial Nominations--Full Committee................       5/24/2006
    The Consequences of Legalized Assisted Suicide and         5/25/2006
     Euthanasia--Constitution, Civil Rights and Property
     Rights.............................................
June 2006:
    Examining DOJ's Investigation of Journalists Who            6/6/2006
     Publish Classified Information--Lessons from the
     Jack Anderson Case; Full Committee.................
    S. 3274: The Fairness in Asbestos Injury Resolution         6/7/2006
     Act of 2006--Full Committee........................
    The Findings and Recommendations of the Commission          6/8/2006
     on Safety and Abuse in America's Prisons--
     Corrections and Rehabilitation.....................
    Continuing Need for Section's 203 Provisions for           6/13/2006
     Limited English Proficient Voters--Full Committee..
    Reconsidering Our Communications Laws: Ensuring            6/14/2006
     Competition and Innovation--Full Committee.........
    Judicial Nominations--Full Committee................       6/15/2006
    Immigration Enforcement at the Workplace Learning          6/19/2006
     from the Mistakes of 1986--Immigration, Border
     Security and Citizenship...........................
    The McCarran-Ferguson Act: Implications of Repealing       6/20/2006
     the Insurers' Antitrust Exemption--Full Committee..
    Reauthorization of the Voting Rights Act: Policy           6/21/2006
     Perspectives and Views from the Field--Full
     Committee..........................................
    Judicial Nominations--Full Committee................       6/21/2006
    The Analog Hole: Can Congress Protect Copyright and        6/21/2006
     Promote Innovation?--Full Committee................
    AT&T and BellSouth Merger: What Does it Mean for           6/22/2006
     Consumers?--Antitrust, Competition Policy and
     Consumer Rights....................................
    Presidential Signing Statements--Full Committee.....       6/27/2006
    Judicial Nominations--Full Committee................       6/28/2006
    Hedge Funds and Independent Analysts: How                  6/28/2006
     Independent are Their Relationships?--Full
     Committee..........................................
    The Multidistrict Litigation Restoration Act--             6/29/2006
     Administrative Oversight and the Courts............
July 2006:
    Comprehensive Immigration Reform: Examining the Need        7/5/2006
     for a Guest Worker Program--Full Committee.........
    Hamdan v. Rumsfeld: Establishing a Constitutional          7/11/2006
     Process--Full Committee............................
    Judicial Nominations--Full Committee................       7/11/2006
    Examining the Need for Comprehensive Immigration           7/12/2006
     Reform, Part II--Full Committee....................
    Renewing the Temporary Provisions of the Voting            7/13/2006
     Rights Act: Legislative Options after LULAC v.
     Perry--Constitution, Civil Rights and Property
     Rights.............................................
    Department of Justice Oversight--Full Committee.....       7/18/2006
    Credit Card Interchange Rates: Antitrust Concerns?--       7/19/2006
     Full Committee.....................................
    FISA for the 21st Century--Full Committee...........       7/26/2006
    Detecting Smuggled Nuclear Weapons--Terrorism,             7/27/2006
     Technology and Homeland Security...................
August 2006:
    Judicial Nominations--Full Committee................        8/1/2006
    Paying Your Own Way: Creating a Fair Standard for           8/2/2006
     Attorney's Fee Awards in Establishment Clause
     Cases--Constitution, Civil Rights and Property
     Rights.............................................
    The Authority to Prosecute Terrorists Under the War         8/2/2006
     Crimes Provisions of Title 18--Full Committee......
    U.S. Visa Policy: Competition for International            8/31/2006
     Scholars, Scientists and Skilled Workers--
     Immigration, Border Security and Citizenship.......
September 2006:
    Examining Competition in Group Health Care--Full            9/6/2006
     Committee..........................................
    Judicial Nominations--Full Committee................        9/6/2006
    Keeping Terrorists Off the Plane: Strategies for Pre-       9/7/2006
     Screening International Passengers Before Takeoff--
     Terrorism, Technology and Homeland Security........
    The Thompson Memorandum's Effect on the Right to           9/12/2006
     Counsel in Corporate Investigations--Full Committee
    Judicial Nominations--Full Committee................       9/12/2006
    Challenges Facing Today's Federal Prosecutors--Crime       9/13/2006
     and Drugs..........................................
    Judicial Nominations--Full Committee................       9/19/2006
    The Cost of Crime: Understanding the Financial and         9/19/2006
     Human Impact of Criminal Activity--Full Committee..
    Examining the Proposal to Restructure the Ninth            9/20/2006
     Circuit--Full Committee............................
    Reporters' Privilege Legislation: Preserving               9/20/2006
     Effective Federal Law Enforcement--Full Committee..
    Oversight of Federal Assistance for Prisoner               9/21/2006
     Rehabilitation and Reentry in Our States--Crime and
     Drugs..............................................
    Fighting Crime: The Challenges Facing Local Law            9/22/2006
     Enforcement and the Federal Role--Full Committee...
    Examining Proposals to Limit Guantanamo Detainees'         9/25/2006
     Access to Habeas Corpus Review--Full Committee.....
    Illegal Insider Trading: How Widespread is the             9/26/2006
     Problem and is there Ad--Full Committee............
    Judicial Nominations--Full Committee................       9/26/2006
    Oversight Hearing: U.S. Refugee Admissions and             9/27/2006
     Policy--Immigration, Border Security and
     Citizenship........................................
November 2006:
    Judicial Nomination--Full Committee.................      11/14/2006
    Competition in Sports Programming and Broadcasting:       11/14/2006
     Are Consumers Winning--Full Committee..............
    Oversight of the Civil Rights Division--Full              11/16/2006
     Committee..........................................
December 2006:
    Examining Enforcement of Criminal Insider Trading          12/5/2006
     and Hedge Fund Activity--Full Committee............
    Oversight of the Implementation of the Bankruptcy          12/6/2006
     Abuse Prevention and Consumer Protection Act--
     Administrative Oversight and the Courts............
    FBI Oversight--Full Committee.......................       12/6/2006
    Vertically Integrated Sports Programming: Are Cable        12/7/2006
     Companies Excluding Competition?--Full Committee...
------------------------------------------------------------------------

C. EXECUTIVE BUSINESS MEETINGS WITH AGENDAS

                             FIRST SESSION

January 19, 2005

I. Nominations

    Alberto Gonzales to be the Attorney General of the United 
States

January 26, 2005

I. Nominations

    Alberto Gonzales to be the Attorney General of the United 
States

II. Legislation

    S. 5, Class Action Fairness Act of 2005 [Grassley, 
Feinstein, Hatch, Kohl, Kyl, Schumer, Sessions]

February 3, 2005

I. Committee Business

    Committee Funding Resolution

II. Legislation

    S. 5, Class Action Fairness Act of 2005 [Grassley, 
Feinstein, Hatch, Kohl, Kyl, Schumer, Sessions]
    S. 256, A bill to Amend Title 11 of the United States Code, 
and for Other Purposes Act of 2005 [Grassley, Hatch, Sessions]

February 17, 2005

I. Legislation

    S. 256, A bill to Amend Title 11 of the United States Code, 
and for Other Purposes Act of 2005 [Grassley, Hatch, Sessions]

March 10, 2005

I. Nominations

    William G. Myers, III to be U.S. Circuit Judge for the 
Ninth Circuit

March 17, 2005

I. Nominations

    William G. Myers, III to be U.S. Circuit Judge for the 
Ninth Circuit
    Thomas B. Griffith to be U.S. Circuit Judge for the 
District of Columbia Circuit
    Robert J. Conrad, Jr. to be U.S. District Judge for the 
Western District of North Carolina
    James C. Dever, III to be U.S. District Judge for the 
Eastern District of North Carolina
    Paul A. Crotty to be U.S. District Judge for the Southern 
District of New York
    J. Michael Seabright to be U.S. District Judge for the 
District of Hawaii

II. Bills

    Asbestos
    S. 378, Reducing Crime and Terrorism at America's Seaports 
Act of 2005 [Biden, Specter, Feinstein, Kyl, Cornyn]
    S. 188, State Criminal Alien Assistance Program 
Reauthorization Act of 2005 [Feinstein, Kyl, Schumer, Cornyn, 
Durbin, Specter]
    S. 119, Unaccompanied Alien Child Protection Act of 2005 
[Feinstein, Schumer, Durbin, DeWine, Feingold, Kennedy, 
Brownback, Specter]
    S. 589, a bill to establish the Commission on Freedom of 
Information Act Processing Delays [Cornyn, Leahy, Grassley]

III. Committee Business

    Subcommittee Approval

April 7, 2005

I. Nominations

    Thomas B. Griffith to be U.S. Circuit Judge for the 
District of Columbia Circuit
    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Priscilla R. Owen to be U.S. Circuit Judge for the Fifth 
Circuit
    Robert J. Conrad, Jr. to be U.S. District Judge for the 
Western District of North Carolina
    James C. Dever, III to be U.S. District Judge for the 
Eastern District of North Carolina

II. Bills

    S. 378, Reducing Crime and Terrorism at America's Seaports 
Act of 2005 [Biden, Specter, Feinstein, Kyl, Cornyn]
    S. 119, Unaccompanied Alien Child Protection Act of 2005 
[Feinstein, Schumer, Durbin, DeWine, Feingold, Kennedy, 
Brownback, Specter, Leahy]
    S. 629, Railroad Carriers and Mass Transportation Act of 
2005 [Sessions, Kyl]

III. Matters

    Asbestos

April 14, 2005

I. Nominations

    Thomas B. Griffith to be U.S. Circuit Judge for the 
District of Columbia Circuit
    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Priscilla R. Owen to be U.S. Circuit Judge for the Fifth 
Circuit
    Janice Rogers Brown to be U.S. Circuit Judge for the 
District of Columbia Circuit
    Robert J. Conrad, Jr. to be U.S. District Judge for the 
Western District of North Carolina
    James C. Dever, III to be U.S. District Judge for the 
Eastern District of North Carolina

II. Bills

    S. 378, Reducing Crime and Terrorism at America's Seaports 
Act of 2005 [Biden, Specter, Feinstein, Kyl, Cornyn]
    S. 119, Unaccompanied Alien Child Protection Act of 2005 
[Feinstein, Schumer, Durbin, DeWine, Feingold, Kennedy, 
Brownback, Specter, Kohl, Leahy]
    S. 629, Railroad Carriers and Mass Transportation Act of 
2005 [Sessions, Kyl]
    S. 555, No Oil Producing and Exporting Cartels Act of 2005 
[DeWine, Kohl, Leahy, Grassley, Feingold, Schumer, Durbin, 
Specter]

III. Matters

    Asbestos

April 21, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Priscilla R. Owen to be U.S. Circuit Judge for the Fifth 
Circuit
    Janice Rogers Brown to be U.S. Circuit Judge for the 
District of Columbia Circuit
    William H. Pryor, Jr. to be U.S. Circuit Judge for the 
Eleventh Circuit.

II. Bills

    S. 378, Reducing Crime and Terrorism at America's Seaports 
Act of 2005 [Biden, Specter, Feinstein, Kyl, Cornyn, Hatch]
    S. 629, Railroad Carriers and Mass Transportation Act of 
2005 [Sessions, Kyl, Hatch]
    S. 339, Reaffirmation of State Regulation of Resident and 
Nonresident Hunting and Fishing Act of 2005 [Reid, Hatch, Kyl]
    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine]

III. Matters

    Senate Judiciary Committee Rules

April 28, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    William H. Pryor, Jr. to be U.S. Circuit Judge for the 
Eleventh Circuit
    Brett M. Kavanaugh to be U.S. Circuit Judge for the 
District of Columbia

II. Bills

    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine]

III. Matters

    Senate Judiciary Committee Rules

May 11, 2005.

I. Bills

    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine, Graham]

May 12, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    William H. Pryor, Jr. to be U.S. Circuit Judge for the 
Eleventh Circuit.
    Brett M. Kavanaugh to be U.S. Circuit Judge for the 
District of Columbia

II. Bills

    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine, Graham]

III. Matters

    Senate Judiciary Committee Rules

May 19, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Brett M. Kavanaugh to be U.S. Circuit Judge for the 
District of Columbia
    Paul Clement to be Solicitor General of the United States
    Stephen Joseph Murphy III to be U.S. Attorney for the 
Eastern District of Michigan
    Anthony Jerome Jenkins to be U.S. Attorney for the District 
of the Virgin Islands
    Gretchen C.F. Shappert to be U.S. Attorney for the Western 
District of North Carolina

II. Bills

    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine, Graham]

III. Matters

    Senate Judiciary Committee Rules

May 25, 2005

I. Bills

    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine, Graham]

May 26, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Brett M. Kavanaugh to be U.S. Circuit Judge for the 
District of Columbia
    Richard Griffin to be U.S. Circuit Court Judge for the 
Sixth Circuit
    David McKeague to be U.S. Circuit Court Judge for the Sixth 
Circuit
    Paul Clement to be Solicitor General of the United States
    Anthony Jerome Jenkins to be U.S. Attorney for the District 
of the Virgin Islands
    Stephen Joseph Murphy III to be U.S. Attorney for the 
Eastern District of Michigan
    Gretchen C.F. Shappert to be U.S. Attorney for the Western 
District of North Carolina
    Rachel Brand to be an Assistant Attorney General for the 
Office of Legal Policy
    Alice S. Fisher to be an Assistant Attorney General for the 
Criminal Division
    Regina B. Schofield to be an Assistant Attorney General for 
the Office of Justice Programs

II. Bills

    S. 852, A bill to Create a Fair and Efficient System to 
Resolve Claims of Victims for Bodily Injury Caused by Asbestos 
Exposure, and for Other Purposes. [Specter, Leahy, Hatch, 
Feinstein, Grassley, DeWine, Graham]

III. Matters

    Senate Judiciary Committee Rules

June 9, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Brett M. Kavanaugh to be U.S. Circuit Judge for the 
District of Columbia
    Rachel Brand to be an Assistant Attorney General for the 
Office of Legal Policy
    Alice S. Fisher to be an Assistant Attorney General for the 
Criminal Division

II. Bills

    S. 491, Christopher Kangas Fallen Firefighter Apprentice 
Act [Specter, Leahy]
    S. 1181, Which is Section 8 of Openness Promotes 
Effectiveness in our National Government Act of 2005 [Cornyn, 
Leahy, Feingold]

III. Matters

    Senate Judiciary Committee Rules

June 16, 2005

I. Nominations

    Terrence W. Boyle, II to be U.S. Circuit Judge for the 
Fourth Circuit
    Rachel Brand to be an Assistant Attorney General for the 
Office of Legal Policy
    Alice S. Fisher to be an Assistant Attorney General for the 
Criminal Division

II. Bills

    S. 491, Christopher Kangas Fallen Firefighter Apprentice 
Act [Specter, Leahy]

III. Matters

    Senate Judiciary Committee Rules

June 23, 2005

I. Nominations

    James B. Letten to be U.S. Attorney for the Eastern 
District of Louisiana
    Rod J. Rosenstein to be U.S. Attorney for the District of 
Maryland

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein]
II. Matters
    Senate Judiciary Committee Rules

June 30, 2005

I. Nominations

    James B. Letten to be U.S. Attorney for the Eastern 
District of Louisiana
    Rod J. Rosenstein to be U.S. Attorney for the District of 
Maryland

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley]
    S. ------, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 103, Combat Meth Act of 2005 [Talent, Feinstein, Kohl]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]

II. Matters

    Senate Judiciary Committee Rules
    Discussion of Subpoena for Asbestos

July 14, 2005

I. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. ------, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 103, Combat Meth Act of 2005 [Talent, Feinstein, Kohl, 
Schumer]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]
    S. ------, To reauthorize and improve the USA PATRIOT Act 
[Specter, Feinstein, Kyl]

II. Matters

    Senate Judiciary Committee Rules

July 21, 2005

I. Bills

    S. 1389, To reauthorize and improve the USA PATRIOT Act 
[Specter, Feinstein, Kyl]
    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. ------, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 103, Combat Meth Act of 2005 [Talent, Feinstein, Kohl, 
Schumer, Feingold]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]
    S. 1197, Violence Against Women Act of 2005 [Biden, Hatch, 
Specter, Leahy, DeWine, Kohl, Grassley, Kennedy, Schumer, 
Durbin, Feinstein]

July 28, 2005

I. Nominations

    Michael J. Garcia to U.S. Attorney for the Southern 
District of New York
    Peter Swaim to U.S. Marshall for the Southern District of 
Indiana

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 103, Combat Meth Act of 2005 [Talent, Feinstein, Kohl, 
Schumer, Feingold]
    S. ------, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]
    S. 1197, Violence Against Women Act of 2005 [Biden, Hatch, 
Specter, Leahy, DeWine, Kohl, Grassley, Kennedy, Schumer, 
Durbin, Feinstein]

III. Matters

    Asbestos Subpoenas

September 8, 2005

I. Nominations

    Kenneth L. Wainstein to be United States Attorney for the 
District of Columbia
    Timothy Flanigan to be Deputy Attorney General

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1197, Violence Against Women Act of 2005 [Biden, Hatch, 
Specter, Leahy, DeWine, Kohl, Grassley, Kennedy, Schumer, 
Durbin, Feinstein]
    S. ------, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]

III. Matters

    Asbestos Subpoenas

September 22, 2005

I. Nominations

    John G. Roberts to be Chief Justice of the United States
    Timothy Flanigan to be Deputy Attorney General

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. ------, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]

September 29, 2005

I. Nominations

    Timothy Flanigan to be Deputy Attorney General
    Susan Neilson to be U.S. Circuit Judge for the Sixth 
Circuit

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]
    S. 1699, Stop Counterfeiting in Manufactured Goods Act 
[Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold]
    S. 1095, Protecting American Goods and Services Act of 2005 
[Cornyn, Leahy]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 443, Antitrust Criminal Investigative Improvements Act 
of 2005 [DeWine, Kohl, Leahy]
    S. 1787, Bankruptcy Relief for victims of Natural Disasters 
[Vitter]
    S. 1647, Hurricane Katrina Bankruptcy Relief and Community 
Protection Act of 2005 [Feingold, Leahy, Durbin, Kennedy, 
Feinstein]

October 6, 2005

I. Nominations

    Timothy Flanigan to be Deputy Attorney General
    Susan Neilson to be U.S. Circuit Judge for the Sixth 
Circuit

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer]
    S. 956, Jetseta Gage Prevention and Deterrence of Crimes 
Against Children Act of 2005 [Grassley, Kyl, Cornyn]
    S. 1699, Stop Counterfeiting in Manufactured Goods Act 
[Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold]
    S. 1095, Protecting American Goods and Services Act of 2005 
[Cornyn, Leahy]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 443, Antitrust Criminal Investigative Improvements Act 
of 2005 [DeWine, Kohl, Leahy]
    S. 1787, Relief to Victims of Hurricane Katrina and Other 
Natural Disasters Act of 2005 [Vitter, Grassley, Cornyn, 
DeWine]
    S. 1647, Hurricane Katrina Bankruptcy Relief and Community 
Protection Act of 2005 [Feingold, Leahy, Durbin, Kennedy, 
Feinstein]
    S. --------, Budget Reconciliation [Chairman's Mark]

October 20, 2005

I. Nominations

    Susan Neilson to be U.S. Circuit Judge for the Sixth 
Circuit
    John Richard Smoak to be U.S. District Judge for the 
Northern District of Florida
    Brian Edward Sandoval to be U.S. District Judge for the 
District of Nevada
    Harry Sandlin Mattice, Jr. to be U.S. District Judge for 
the Eastern District of Tennessee
    Margaret Mary Sweeney to be a Judge of the United States 
Court of Federal Claims
    Thomas Craig Wheeler to be a Judge of the United States 
Court of Federal Claims
    Wan Kim to be an Assistant Attorney General, Civil Rights 
Division
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    Sue Ellen Wooldridge to be an Assistant Attorney General, 
Environment and Natural Resources Division
    Thomas O. Barnett to be an Assistant Attorney General, 
Antitrust Division

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1326, Notification of Risk to Personal Data Act 
[Sessions]
    S. 1086, A Bill to Improve the National Program to Register 
and Monitor Individuals Who Commit Crimes Against Children or 
Sex Offenses [Hatch, Biden, Schumer, DeWine, Kyl, Grassley] S. 
956, Jetseta Gage Prevention and Deterrence of Crimes Against 
Children Act of 2005 [Grassley, Kyl, Cornyn]
    S. 1699, Stop Counterfeiting in Manufactured Goods Act 
[Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold, 
Durbin]
    S. 1095, Protecting American Goods and Services Act of 2005 
[Cornyn, Leahy]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 443, Antitrust Criminal Investigative Improvements Act 
of 2005 [DeWine, Kohl, Leahy]
    S. 1787, Relief to Victims of Hurricane Katrina and Other 
Natural Disasters Act of 2005 [Vitter, Grassley, Cornyn, 
DeWine]
    S. 1647, Hurricane Katrina Bankruptcy Relief and Community 
Protection Act of 2005 [Feingold, Leahy, Durbin, Kennedy, 
Feinstein]
    S. --------, Budget Reconciliation [Chairman's Mark]

October 27, 2005

I. Nominations

    Wan Kim to be an Assistant Attorney General, Civil Rights 
Division
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    Sue Ellen Wooldridge to be an Assistant Attorney General, 
Environment and Natural Resources Division
    Thomas O. Barnett to be an Assistant Attorney General, 
Antitrust Division
    James O'Gara to be Deputy Director for Supply Reduction, 
Office of National Drug Control Policy
    Emilio Gonzalez to be Director of the Bureau of Citizenship 
and Immigration Services, Department of Homeland Security

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1699, Stop Counterfeiting in Manufactured Goods Act 
[Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold, 
Durbin]
    S. 1095, Protecting American Goods and Services Act of 2005 
[Cornyn, Leahy]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 1787, Relief to Victims of Hurricane Katrina and Other 
Natural Disasters Act of 2005 [Vitter, Grassley, Cornyn, 
DeWine]
    S. 1647, Hurricane Katrina Bankruptcy Relief and Community 
Protection Act of 2005 [Feingold, Leahy, Durbin, Kennedy, 
Feinstein]
    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn]

November 3, 2005

I. Nominations

    Wan Kim to be an Assistant Attorney General, Civil Rights 
Division
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    Sue Ellen Wooldridge to be an Assistant Attorney General, 
Environment and Natural Resources Division
    Thomas O. Barnett to be an Assistant Attorney General, 
Antitrust Division
    James O'Gara to be Deputy Director for Supply Reduction, 
Office of National Drug Control Policy
    Emilio Gonzalez to be Director of the Bureau of Citizenship 
and Immigration Services, Department of Homeland Security
    Julie L. Myers to be an Assistant Secretary of Homeland 
Security

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    S. 1699, Stop Counterfeiting in Manufactured Goods Act 
[Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold, 
Durbin, Kyl]
    S. 1095, Protecting American Goods and Services Act of 2005 
[Cornyn, Leahy]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 1787, Relief to Victims of Hurricane Katrina and Other 
Natural Disasters Act of 2005 [Vitter, Grassley, Cornyn, 
DeWine]
    S. 1647, Hurricane Katrina Bankruptcy Relief and Community 
Protection Act of 2005 [Feingold, Leahy, Durbin, Kennedy, 
Feinstein]

November 10, 2005

I. Nominations

    Joseph Frank Bianco to be U.S. District Judge for the 
Eastern District of New York
    Timothy Mark Burgess to be U.S. District Judge for the 
District of Alaska
    Gregory F. Van Tatenhove to be U.S. District Judge for the 
Eastern District of Kentucky
    Eric Nicholas Vitaliano to be U.S. District Judge for the 
Eastern District of New York
    James O'Gara to be Deputy Director for Supply Reduction, 
Office of National Drug Control Policy
    Emilio Gonzalez to be Director of the Bureau of Citizenship 
and Immigration Services, Department of Homeland Security
    Catherine Lucille Hanaway to be U.S. Attorney for the 
Eastern District of Missouri

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 1967, A bill to amend title 18, United States Code, with 
respect to certain activities of the Secret Service, and for 
other purposes [Specter]
    S. 1961, Extending the Child Safety Pilot Program Act of 
2005 [Biden, Hatch, Cornyn]
    S. 1354, Wartime Treatment Study Act [Feingold, Grassley, 
Kennedy]
    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]
    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]

November 17, 2005

I. Nominations

    Joseph Frank Bianco to be U.S. District Judge for the 
Eastern District of New York
    Timothy Mark Burgess to be U.S. District Judge for the 
District of Alaska
    Gregory F. Van Tatenhove to be U.S. District Judge for the 
Eastern District of Kentucky
    Eric Nicholas Vitaliano to be U.S. District Judge for the 
Eastern District of New York
    James O'Gara to be Deputy Director for Supply Reduction, 
Office of National Drug Control Policy
    Emilio Gonzalez to be Director of the Bureau of Citizenship 
and Immigration Services, Department of Homeland Security
    Catherine Lucille Hanaway to be U.S. Attorney for the 
Eastern District of Missouri
    Carol E. Dinkins to be Chairman of the Privacy and Civil 
Liberties Oversight Board
    Alan Charles Raul to be Vice Chairman of the Privacy and 
Civil Liberties Oversight Board

II. Bills

    S. 1088, Streamlined Procedures Act of 2005 [Kyl, Cornyn, 
Grassley, Hatch]
    S. 1789, Personal Data Privacy and Security Act of 2005 
[Specter, Leahy, Feinstein, Feingold]
    S. 751, Notification of Risk to Personal Data Act 
[Feinstein, Kyl]
    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 1967, A bill to amend title 18, United States Code, with 
respect to certain activities of the Secret Service, and for 
other purposes [Specter]
    S. 1961, Extending the Child Safety Pilot Program Act of 
2005 [Biden, Hatch, Cornyn]
    S. 1354, Wartime Treatment Study Act [Feingold, Grassley, 
Kennedy]
    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]

                             SECOND SESSION

January 24, 2006

I. Nominations

    Samuel A. Alito, Jr. to be an Associate Justice of the 
Supreme Court of the United States

February 16, 2006

I. Nominations

    Timothy C. Batten, Sr. to be U.S. District Judge for the 
Northern District of Georgia
    Thomas E. Johnston to be U.S. District Judge for the 
Southern District of West Virginia
    Aida M. Delgado-Colon to be U.S. District Judge for the 
District of Puerto Rico
    Leo Maury Gordon to be a Judge of the United States Court 
of International Trade
    Carol E. Dinkins to be Chairman of the Privacy and Civil 
Liberties Oversight Board
    Alan Charles Raul to be Vice Chairman of the Privacy and 
Civil Liberties Oversight Board
    Paul J. McNulty to be Deputy Attorney General
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    Reginald Lloyd to be U.S. Attorney for the District of 
South Carolina
    Stephen King to be a Member of the Foreign Claims 
Settlement Commission of the United States

II. Bills

    H.R. 683, Trademark Dilution Revision Act of 2005 [Smith--
TX]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2178, Consumer Telephone Records Protection Act of 2006 
[Schumer, Specter, Cornyn, DeWine, Feinstein, Feingold, Kyl]
    S. 2177, Phone Records Protection Act of 2006 [Durbin]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]

March 2, 2006

I. Nominations

    Jack Zouhary to be U.S. District Judge for the Northern 
District of Ohio
    Stephen G. Larson to be U.S. District Judge for the Central 
District of California
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    John F. Clark to be Director of the United States Marshals 
Service
    Terrance P. Flynn to be U.S. Attorney for the Western 
District of New York

II. Bills

    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2178, Consumer Telephone Records Protection Act of 2006 
[Schumer, Specter, Cornyn, DeWine, Feinstein, Feingold, Kyl, 
Kohl, Durbin]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]

March 8, 2006

I. Nominations

    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    John F. Clark to be Director of the United States Marshals 
Service
    Donald J. DeGabrielle, Jr. to be U.S. Attorney for the 
Southern District of Texas
    John Charles Richter to be U.S. Attorney for the Western 
District of Oklahoma
    Amul R. Thapar to be U.S. Attorney for the Eastern District 
of Kentucky
    Mauricio J. Tamargo to be Chairman of the Foreign Claims 
Settlement Commission of the United States

II. Bills

    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]

March 9, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Patrick J. Schiltz to be U.S. District Court Judge for the 
District of Minnesota
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    John F. Clark to be Director of the United States Marshals 
Service
    Donald J. DeGabrielle, Jr. to be U.S. Attorney for the 
Southern District of Texas
    John Charles Richter to be U.S. Attorney for the Western 
District of Oklahoma
    Amul R. Thapar to be U.S. Attorney for the Eastern District 
of Kentucky
    Mauricio J. Tamargo to be Chairman of the Foreign Claims 
Settlement Commission of the United States

II. Bills

    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]

March 15, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Patrick J. Schiltz to be U.S. District Court Judge for the 
District of Minnesota
    Steven G. Bradburyto be an Assistant Attorney General for 
the Office of Legal Counsel
    John F. Clark to be Director of the United States Marshals 
Service

II. Bills

    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]

March 16, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Patrick J. Schiltz to be U.S. District Court Judge for the 
District of Minnesota
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    John F. Clark to be Director of the United States Marshals 
Service
    David F. Kustoff to be United States Attorney for the 
Western District of Tennessee

II. Bills

    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]
    S. Res. 398, A resolution relating to the censure of George 
W. Bush [Feingold]

March 27, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Patrick J. Schiltz to be U.S. District Court Judge for the 
District of Minnesota
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel

II. Bills

    S. ----------, Comprehensive Immigration Reform [Chairman's 
Mark]
    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]
    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]
    S. Res. 398, A resolution relating to the censure of George 
W. Bush [Feingold]

March 30, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Michael A. Chagares to be United States Circuit Judge for 
the Third Circuit
    Patrick J. Schiltz to be U.S. District Court Judge for the 
District of Minnesota
    Gray Hampton Miller to be United States District Judge for 
the Southern District of Texas
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    Sharee M. Freeman to be Director, Community Relations 
Service, U.S. Department of Justice
    Jeffrey L. Sedgwick to be Director of the Bureau of Justice 
Statistics, U.S. Department of Justice

II. Bills

    S. 1768, A bill to permit the televising of Supreme Court 
proceedings [Specter, Leahy, Cornyn, Grassley, Schumer, 
Feingold, Durbin]
    S. 829, Sunshine in the Courtroom Act of 2005 [Grassley, 
Schumer, Cornyn, Leahy, Feingold, Durbin, Graham, DeWine, 
Specter]
    S. 489, Federal Consent Decree Fairness Act [Alexander, 
Kyl, Cornyn, Graham, Hatch]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold, 
Schumer]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]
    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback]
    S. Res. 398, A resolution relating to the censure of George 
W. Bush [Feingold]

April 27, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Brett Kavanaugh to be U.S. Circuit Judge for the D.C. 
Circuit
    Michael Ryan Barrett to be United States District Judge for 
the Southern District of Ohio
    Brian M. Cogan to be United States District Judge for the 
Eastern District of New York
    Thomas M. Golden to be United States District Judge for the 
Eastern District of Pennsylvania
    Timothy Anthony Junker to be United States Marshal for the 
Northern District of Iowa
    Patrick Smith to be United States Marshal for the Western 
District of North Carolina

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 2557, Oil and Gas Industry Antitrust Act of 2006 
[Specter, Kohl, DeWine, Leahy, Feinstein, Durbin]
    S. 2292, A bill to provide relief for the Federal judiciary 
from excessive rent charges [Specter, Leahy, Cornyn, Feinstein, 
Biden]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold, 
Schumer]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback, DeWine]

May 4, 2006

I. Nominations

    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Brett Kavanaugh to be U.S. Circuit Judge for the D.C. 
Circuit
    Milan D. Smith, Jr. to be U.S. Circuit Judge for the Ninth 
Circuit
    Renee Marie Bumb to be U.S. District Judge for the District 
of New Jersey
    Noel Lawrence Hillman to be U.S. District Judge for the 
District of New Jersey
    Peter G. Sheridan to be U.S. District Judge for the 
District of New Jersey
    Susan Davis Wigenton to be U.S. District Judge for the 
District of New Jersey

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold, 
Schumer]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback, DeWine]

May 11, 2006

I. Nominations

    Brett Kavanaugh to be U.S. Circuit Judge for the D.C. 
Circuit
    Sean F. Cox to be U.S. District Judge for the Eastern 
District of Michigan
    Thomas L. Ludington to be U.S. District judge for the 
Eastern District of Michigan

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold, 
Schumer]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback, DeWine]

May 18, 2006

I. Nominations

    Sandra Segal Ikuta to be U.S. Circuit Judge for the Ninth 
Circuit
    Kenneth L. Wainstein to be an Assistant Attorney General

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold, 
Schumer]

III. Matters

    S.J. Res. 1, Marriage Protection Amendment [Allard, 
Sessions, Kyl, Hatch, Cornyn, Coburn, Brownback, DeWine]
    S.J. Res. 12, Flag Desecration resolution [Hatch, 
Feinstein, Brownback, Coburn, Cornyn, DeWine, Graham, Grassley, 
Kyl, Sessions, Specter]

May 25, 2006

I. Nominations

    Sandra Segal Ikuta to be U.S. Circuit Judge for the Ninth 
Circuit
    Kenneth L. Wainstein to be an Assistant Attorney General
    Erik C. Peterson to be U.S. Attorney for the Western 
District of Wisconsin
    Charles P. Rosenberg to be U.S. Attorney for the Eastern 
District of Virginia
    Gary D. Orton to be United States Marshal for the District 
of Nevada

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 2039, Prosecutors and Defenders Incentive Act of 2005 
[Durbin, Specter, DeWine, Leahy, Kennedy, Feinstein, Feingold, 
Schumer, Biden]
    S. 2560, Office of National Drug Control Policy 
Reauthorization Act of 2006 [Specter, Biden, Hatch, Grassley]

III. Matters

    S.J. Res. 12, Flag Desecration resolution [Hatch, 
Feinstein, Brownback, Coburn, Cornyn, DeWine, Graham, Grassley, 
Kyl, Sessions, Specter]
    Subpoenas for Telecom Companies

June 6, 2006

I. Matters

    Discussion of the possibility of subpoenas and a closed 
session for a Telecom/NSA Information Sharing hearing

June 8, 2006

I. Nominations

    Andrew J. Guilford to be U.S. District Judge for the 
Central District of California
    Frank D. Whitney to be U.S. District Judge for the Western 
District of North Carolina
    Kenneth L. Wainstein to be an Assistant Attorney General
    Charles P. Rosenberg to be U.S. Attorney for the Eastern 
District of Virginia

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden]

III. Matters

    S.J. Res. 12, Flag Desecration resolution [Hatch, 
Feinstein, Brownback, Coburn, Cornyn, DeWine, Graham, Grassley, 
Kyl, Sessions, Specter]

June 15, 2006

I. Nominations

    Frank D. Whitney to be U.S. District Judge for the Western 
District of North Carolina
    Kenneth L. Wainstein to be an Assistant Attorney General
    Thomas D. Anderson to be U.S. Attorney for the District of 
Vermont

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden]
    H.R. 1036, Copyright Royalty Judges Program Technical 
Corrections Act [Smith--TX]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]

III. Matters

    S.J. Res. 12, Flag Desecration resolution [Hatch, 
Feinstein, Brownback, Coburn, Cornyn, DeWine, Graham, Grassley, 
Kyl, Sessions, Specter]
    Subpoenas Relating to OPR Investigation

June 22, 2006

I. Nominations

    Brett L. Tolman to be U.S. Attorney for the District of 
Utah

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden, Grassley]
    H.R. 1036, Copyright Royalty Judges Program Technical 
Corrections Act [Smith--TX]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 2703, Fannie Lou Hamer, Rosa Parks, and Coretta Scott 
King Voting Rights Act Reauthorization and Amendments Act of 
2006 [Specter, Leahy, Grassley, Kennedy, DeWine, Feinstein, 
Brownback, Durbin, Schumer, Kohl, Biden, Feingold]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]

June 29, 2006

I. Nominations

    Neil M. Gorsuch to be U.S. Circuit Judge for the Tenth 
Circuit
    Jerome A. Holmes to be U.S. Circuit Judge for the Tenth 
Circuit
    Gustavo Antonio Gelpi to be U.S. District Judge for the 
District of Puerto Rico
    Daniel Porter Jordan, III to be U.S. District Judge for the 
Southern District of Mississippi
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    Martin J. Jackley to be U.S. Attorney for the District of 
South Dakota
    Brett L. Tolman to be U.S. Attorney for the District of 
Utah

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden, Grassley]
    H.R. 1036, Copyright Royalty Judges Program Technical 
Corrections Act [Smith--TX]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 2703, Fannie Lou Hamer, Rosa Parks, and Coretta Scott 
King Voting Rights Act Reauthorization and Amendments Act of 
2006 [Specter, Leahy, Grassley, Kennedy, DeWine, Feinstein, 
Brownback, Durbin, Schumer, Kohl, Biden, Feingold]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 2679, Unsolved Civil Rights Crime Act [Talent, DeWine, 
Cornyn]

III. Matters

    Subpoenas Relating to OPR Investigation

July 13, 2006

I. Nominations

    Neil M. Gorsuch to be U.S. Circuit Judge for the Tenth 
Circuit
    Jerome A. Holmes to be U.S. Circuit Judge for the Tenth 
Circuit
    Kimberly Ann Moore to be U.S. Circuit Judge for the Federal 
Circuit
    Bobby E. Shepherd to be U.S. Circuit Judge for the Eighth 
Circuit
    Gustavo Antonio Gelpi to be U.S. District Judge for the 
District of Puerto Rico
    Daniel Porter Jordan, III to be U.S. District Judge for the 
Southern District of Mississippi
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    R. Alexander Acosta to be U.S. Attorney for the Southern 
District of Florida
    Martin J. Jackley to be U.S. Attorney for the District of 
South Dakota
    Brett L. Tolman to be U.S. Attorney for the District of 
Utah

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden, Grassley]
    H.R. 1036, Copyright Royalty Judges Program Technical 
Corrections Act [Smith--TX]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 2703, Fannie Lou Hamer, Rosa Parks, and Coretta Scott 
King Voting Rights Act Reauthorization and Amendments Act of 
2006 [Specter, Leahy, Grassley, Kennedy, DeWine, Feinstein, 
Brownback, Durbin, Schumer, Kohl, Biden, Feingold]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 2679, Unsolved Civil Rights Crime Act [Talent, DeWine, 
Cornyn]

III. Matters

    Subpoenas Relating to ABA Reports

July 19, 2006

I. Bills

    S. 2703, Fannie Lou Hamer, Rosa Parks, and Coretta Scott 
King Voting Rights Act Reauthorization and Amendments Act of 
2006 [Specter, Leahy, Grassley, Kennedy, DeWine, Feinstein, 
Brownback, Durbin, Schumer, Kohl, Biden, Feingold]

July 27, 2006

I. Nominations

    Kimberly Ann Moore to be U.S. Circuit Judge for the Federal 
Circuit
    Frances M. Tydingco-Gatewood to be Judge for the District 
Court of Guam
    Steven G. Bradbury to be an Assistant Attorney General for 
the Office of Legal Counsel
    R. Alexander Acosta to be U.S. Attorney for the Southern 
District of Florida

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 2679, Unsolved Civil Rights Crime Act [Talent, DeWine, 
Cornyn]
    H.R. 1442, Complete the Codification of Title 46, United 
States Code
    H.R. 866, Technical Corrections to the United States Code

III. Matters

    Subpoenas Relating to ABA Reports

August 3, 2006

I. Nominations

    Frances M. Tydingco-Gatewood to be Judge for the District 
Court of Guam
    Troy A. Eid to be U.S. Attorney for the District of 
Colorado

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 2679, Unsolved Civil Rights Crime Act [Talent, DeWine, 
Cornyn]
    H.R. 1442, Complete the Codification of Title 46, United 
States Code
    H.R. 866, Technical Corrections to the United States Code

III. Matters

    Subpoenas Relating to ABA Reports

September 7, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Valerie L. Baker to be U.S. District Judge for the Central 
District of California
    Francisco Augusto Besosa to be U.S. District Judge for the 
District of Puerto Rico
    Philip S. Gutierrez to be U.S. District Judge for the 
Central District of California
    George E.B. Holding to be U.S. Attorney for the Eastern 
District of North Carolina
    Sharon Lynn Potter to be U.S. Attorney for the Northern 
District of West Virginia

II. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]
    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Graham, Schumer, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    H.R. 1442, Complete the Codification of Title 46, United 
States Code
    H.R. 866, Technical Corrections to the United States Code

September 13, 2006

I. Bills

    S. 2453, National Security Surveillance Act of 2006 
[Specter]
    S. 2455, Terrorist Surveillance Act of 2006 [DeWine, 
Graham]
    S. 2468, A bill to provide standing for civil actions for 
declaratory and injunctive relief to persons who refrain from 
electronic communications through fear of being subject to 
warrantless electronic surveillance for foreign intelligence 
purposes, and for other purposes. [Schumer]
    S. 3001, Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006 [Specter, Feinstein]

September 14, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    Kent A. Jordan to be U.S. Circuit Judge for the Third 
Circuit
    Peter D. Keisler to be U.S. Circuit Judge for the District 
of Columbia Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Valerie L. Baker to be U.S. District Judge for the Central 
District of California
    Francisco Augusto Besosa to be U.S. District Judge for the 
District of Puerto Rico
    Philip S. Gutierrez to be U.S. District Judge for the 
Central District of California
    Marcia Morales Howard to be U.S. District Judge for the 
Middle District of Florida
    John Alfred Jarvey to be U.S. District Judge for the 
Southern District of Iowa
    Sara Elizabeth Lioi to be U.S. District Judge for the 
Northern District of Ohio

II. Bills

    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Schumer, Graham, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 394, OPEN Government Act of 2005 [Cornyn, Leahy, 
Feingold]
    S. 3880, Animal Enterprise Terrorism Act [Inhofe, 
Feinstein]
    S. 2644, Perform Act of 2006 [Feinstein, Graham, Biden]

III. Other Matters

    Changes to 18 U.S.C. 2441 (War Crimes)

September 19, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    Kent A. Jordan to be U.S. Circuit Judge for the Third 
Circuit
    Peter D. Keisler to be U.S. Circuit Judge for the District 
of Columbia Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Valerie L. Baker to be U.S. District Judge for the Central 
District of California
    Francisco Augusto Besosa to be U.S. District Judge for the 
District of Puerto Rico
    Philip S. Gutierrez to be U.S. District Judge for the 
Central District of California
    Marcia Morales Howard to be U.S. District Judge for the 
Middle District of Florida
    John Alfred Jarvey to be U.S. District Judge for the 
Southern District of Iowa
    Sara Elizabeth Lioi to be U.S. District Judge for the 
Northern District of Ohio

September 21, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    Kent A. Jordan to be U.S. Circuit Judge for the Third 
Circuit
    Peter D. Keisler to be U.S. Circuit Judge for the District 
of Columbia Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Norman Randy Smith to be U.S. Circuit Judge for the Ninth 
Circuit
    Valerie L. Baker to be U.S. District Judge for the Central 
District of California
    Francisco Augusto Besosa to be U.S. District Judge for the 
District of Puerto Rico
    Nora Barry Fischer to be U.S. District Judge for the 
Western District of Pennsylvania
    Gregory Kent Frizzell to be U.S. District Judge for the 
Northern District of Oklahoma
    Philip S. Gutierrez to be U.S. District Judge for the 
Central District of California
    Marcia Morales Howard to be U.S. District Judge for the 
Middle District of Florida
    John Alfred Jarvey to be U.S. District Judge for the 
Southern District of Iowa
    Sara Elizabeth Lioi to be U.S. District Judge for the 
Northern District of Ohio
    Lawrence Joseph O'Neill to be U.S. District Judge for the 
Eastern District of California
    Lisa Godbey Wood to be U.S. District Judge for the Southern 
District of Georgia
    Rodger A. Heaton to be U.S. Attorney for the Central 
District of Illinois

II. Bills

    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Schumer, Graham, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 394, OPEN Government Act of 2005 [Cornyn, Leahy, 
Feingold]
    S. 3880, Animal Enterprise Terrorism Act [Inhofe, 
Feinstein]
    S. 2644, Perform Act of 2006 [Feinstein, Graham, Biden]
    S. 3818, Patent Reform Act of 2006 [Hatch, Leahy]

September 26, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    Kent A. Jordan to be U.S. Circuit Judge for the Third 
Circuit
    Peter D. Keisler to be U.S. Circuit Judge for the District 
of Columbia Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Nora Barry Fischer to be U.S. District Judge for the 
Western District of Pennsylvania
    Gregory Kent Frizzell to be U.S. District Judge for the 
Northern District of Oklahoma
    Marcia Morales Howard to be U.S. District Judge for the 
Middle District of Florida
    John Alfred Jarvey to be U.S. District Judge for the 
Southern District of Iowa
    Sara Elizabeth Lioi to be U.S. District Judge for the 
Northern District of Ohio
    Lisa Godbey Wood to be U.S. District Judge for the Southern 
District of Georgia

September 28, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    Peter D. Keisler to be U.S. Circuit Judge for the District 
of Columbia Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Nora Barry Fischer to be U.S. District Judge for the 
Western District of Pennsylvania
    Gregory Kent Frizzell to be U.S. District Judge for the 
Northern District of Oklahoma
    Marcia Morales Howard to be U.S. District Judge for the 
Middle District of Florida
    Robert James Jonker to be U.S. District Judge for the 
Western District of Michigan
    Paul Lewis Maloney to be U.S. District Judge for the 
Western District of Michigan
    Janet T. Neff to be U.S. District Judge for the Western 
District of Michigan
    Leslie Southwick to be U.S. District Judge for the Southern 
District of Mississippi
    Lisa Godbey Wood to be U.S. District Judge for the Southern 
District of Georgia

II. Bills

    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Schumer, Graham, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 3880, Animal Enterprise Terrorism Act [Inhofe, 
Feinstein, Hatch, DeWine, Cornyn, Brownback, Coburn]
    S. 2644, Perform Act of 2006 [Feinstein, Graham, Biden]
    S. 3818, Patent Reform Act of 2006 [Hatch, Leahy]

September 29, 2006

I. Nominations

    Terrence W. Boyle to be U.S. Circuit Judge for the Fourth 
Circuit
    William James Haynes II to be U.S. Circuit Judge for the 
Fourth Circuit
    Peter D. Keisler to be U.S. Circuit Judge for the District 
of Columbia Circuit
    William Gerry Myers III to be U.S. Circuit Judge for the 
Ninth Circuit
    Nora Barry Fischer to be U.S. District Judge for the 
Western District of Pennsylvania
    Gregory Kent Frizzell to be U.S. District Judge for the 
Northern District of Oklahoma
    Marcia Morales Howard to be U.S. District Judge for the 
Middle District of Florida
    Robert James Jonker to be U.S. District Judge for the 
Western District of Michigan
    Paul Lewis Maloney to be U.S. District Judge for the 
Western District of Michigan
    Janet T. Neff to be U.S. District Judge for the Western 
District of Michigan
    Leslie Southwick to be U.S. District Judge for the Southern 
District of Mississippi
    Lisa Godbey Wood to be U.S. District Judge for the Southern 
District of Georgia
    Sharon Lynn Potter to be U.S. Attorney for the Northern 
District of West Virginia
    Deborah Jean Johnson Rhodes to be U.S. Attorney for the 
Southern District of Alabama

II. Bills

    S. 2831, Free Flow of Information Act of 2006 [Lugar, 
Specter, Schumer, Graham, Biden, Grassley]
    S. 155, Gang Prevention and Effective Deterrence Act of 
2005 [Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter]
    S. 1845, Circuit Court of Appeals Restructuring and 
Modernization Act of 2005 [Ensign, Kyl]
    S. 3880, Animal Enterprise Terrorism Act [Inhofe, 
Feinstein, Hatch, DeWine, Cornyn, Brownback, Coburn]
    S. 2644, Perform Act of 2006 [Feinstein, Graham, Biden]
    S. 3818, Patent Reform Act of 2006 [Hatch, Leahy]

                SUBCOMMITTEE EXECUTIVE BUSINESS MEETINGS

November 2, 2005

I. Bill

    S.J. Res. 1, the Marriage Protection Amendment

November 9, 2005

I. Bills

    S.J. Res. 1, the Marriage Protection Amendment
    S.J. Res. 12, the Flag Desecration Resolution

D. BILLS, NOMINATIONS, AND MATTERS REPORTED

------------------------------------------------------------------------
                                       Bills, Nominations, and Matters
Date of Executive Business Meeting                Reported
------------------------------------------------------------------------
1/26/05...........................  Alberto Gonzales to be the Attorney
                                     General of the United States.
2/3/05............................  Committee Funding Resolution.
                                    S. 5, Class Action Fairness Act of
                                     2005.
2/17/05...........................  S. 256, A bill to Amend Title 11 of
                                     the United States Code, and for
                                     Other Purposes Act of 2005.
3/17/05...........................  William G. Myers, III to be U.S.
                                     Circuit Judge for the Ninth
                                     Circuit.
                                    Paul A. Crotty to be U.S. District
                                     Judge for the Southern District of
                                     New York.
                                    J. Michael Seabright to be U.S.
                                     District Judge for the District of
                                     Hawaii.
                                    S. 188, State Criminal Alien
                                     Assistance Program Reauthorization
                                     Act of 2005.
                                    S. 589, a bill to establish the
                                     Commission on Freedom of
                                     Information Act Processing Delays.
                                    Subcommittee Approval.
4/14/05...........................  Thomas B. Griffith to be U.S.
                                     Circuit Judge for the District of
                                     Columbia Circuit.
                                    Robert J. Conrad, Jr. to be U.S.
                                     District Judge for the Western
                                     District of North Carolina.
                                    James C. Dever, III to be U.S.
                                     District Judge for the Eastern
                                     District of North Carolina.
                                    S. 119, Unaccompanied Alien Child
                                     Protection Act of 2005.
                                    S. 555, No Oil Producing and
                                     Exporting Cartels Act of 2005.
4/21/05...........................  S. 339, Reaffirmation of State
                                     Regulation of Resident and
                                     Nonresident Hunting and Fishing Act
                                     of 2005.
                                    S. 378, Reducing Crime and Terrorism
                                     at America's Seaports Act of 2005.
                                    S. 629, Railroad Carriers and Mass
                                     Transportation Act of 2005.
                                    Priscilla R. Owen to be U.S. Circuit
                                     Judge for the Fifth Circuit.
                                    Janice Rogers Brown to be U.S.
                                     Circuit Judge for the District of
                                     Columbia Circuit.
5/12/05...........................  William H. Pryor, Jr. to be U.S.
                                     Circuit Judge for the Eleventh
                                     Circuit.
5/26/05...........................  S. 852, A bill to Create a Fair and
                                     Efficient System to Resolve Claims
                                     of Victims for Bodily Injury Caused
                                     by Asbestos Exposure, and for Other
                                     Purposes.
                                    Richard Griffin to be U.S. Circuit
                                     Court Judge for the Sixth Circuit.
                                    David McKeague to be U.S. Circuit
                                     Court Judge for the Sixth Circuit.
                                    Paul Clement to be Solicitor General
                                     of the United States.
                                    Anthony Jerome Jenkins to be U.S.
                                     Attorney for the District of the
                                     Virgin Islands.
                                    Stephen Joseph Murphy III to be U.S.
                                     Attorney for the Eastern District
                                     of Michigan.
                                    Gretchen C. F. Shappert to be U.S.
                                     Attorney for the Western District
                                     of North Carolina.
                                    Regina B. Schofield to be an
                                     Assistant Attorney General for the
                                     Office of Justice Programs.
6/9/05............................  S. 1181, Which is Section 8 of
                                     Openness Promotes Effectiveness in
                                     our National Government Act of
                                     2005.
6/16/05...........................  Terrence W. Boyle, II to be U.S.
                                     Circuit Judge for the Fourth
                                     Circuit.
                                    Rachel Brand to be an Assistant
                                     Attorney General for the Office of
                                     Legal Policy.
                                    Alice S. Fisher to be an Assistant
                                     Attorney General for the Criminal
                                     Division.
                                    S. 491, Christopher Kangas Fallen
                                     Firefighter Apprentice Act.
6/23/05...........................  No Quorum.
6/30/05...........................  James B. Letten to be U.S. Attorney
                                     for the Eastern District of
                                     Louisiana.
                                    Rod J. Rosenstein to be U.S.
                                     Attorney for the District of
                                     Maryland.
7/14/05...........................  Senate Judiciary Committee Rules
                                     Approved.
7/21/05...........................  S. 1389, To reauthorize and improve
                                     the USA PATRIOT Act.
7/28/05...........................  Michael J. Garcia to U.S. Attorney
                                     for the Southern District of New
                                     York.
                                    Peter Swaim to U.S. Marshall for the
                                     Southern District of Indiana.
                                    S. 103, Combat Meth Act of 2005.
9/8/05............................  Kenneth L. Wainstein to be United
                                     States Attorney for the District of
                                     Columbia.
                                    S. 1197, Violence Against Women Act
                                     of 2005.
                                    Asbestos Subpoenas.
9/22/05...........................  John G. Roberts to be Chief Justice
                                     of the United States.
10/20/05..........................  Susan Neilson to be U.S. Circuit
                                     Judge for the Sixth Circuit.
                                    John Richard Smoak to be U.S.
                                     District Judge for the Northern
                                     District of Florida.
                                    Brian Edward Sandoval to be U.S.
                                     District Judge for the District of
                                     Nevada.
                                    Harry Sandlin Mattice, Jr. to be
                                     U.S. District Judge for the Eastern
                                     District of Tennessee.
                                    Margaret Mary Sweeney to be a Judge
                                     of the United States Court of
                                     Federal Claims.
                                    Thomas Craig Wheeler to be a Judge
                                     of the United States Court of
                                     Federal Claims.
                                    S. 1326, Notification of Risk to
                                     Personal Data Act.
                                    S. 1086, A Bill to Improve the
                                     National Program to Register and
                                     Monitor Individuals Who Commit
                                     Crimes Against Children or Sex
                                     Offenses.
                                    S. 443, Antitrust Criminal
                                     Investigative Improvements Act of
                                     2005.
                                    Budget Reconciliation.
11/3/05...........................  Wan Kim to be an Assistant Attorney
                                     General, Civil Rights Division.
                                    Steven G. Bradbury to be an
                                     Assistant Attorney General for the
                                     Office of Legal Counsel.
                                    Sue Ellen Wooldridge to be an
                                     Assistant Attorney General,
                                     Environment and Natural Resources
                                     Division.
                                    Thomas O. Barnett to be an Assistant
                                     Attorney General, Antitrust
                                     Division.
                                    S. 1699, Stop Counterfeiting in
                                     Manufactured Goods Act.
                                    S. 1095, Protecting American Goods
                                     and Services Act of 2005.
11/9/05...........................  S.J. Res. 1, Marriage Protection
                                     Amendment reported by Subcommittee
                                     on the Constitution, Civil Rights
                                     and Property Rights.
11/17/05..........................  Joseph Frank Bianco to be U.S.
                                     District Judge for the Eastern
                                     District of New York.
                                    Timothy Mark Burgess to be U.S.
                                     District Judge for the District of
                                     Alaska.
                                    Gregory F. Van Tatenhove to be U.S.
                                     District Judge for the Eastern
                                     District of Kentucky.
                                    Eric Nicholas Vitaliano to be U.S.
                                     District Judge for the Eastern
                                     District of New York.
                                    Kristi Dubose to be United States
                                     District Judge for the Southern
                                     District of Alabama.
                                    W. Keith Watkins to be United States
                                     District Judge for the Middle
                                     District of Alabama.
                                    Virginia Mary Kendall to be United
                                     States District Judge for the
                                     Northern District of Illinois.
                                    Emilio Gonzalez to be Director of
                                     the Bureau of Citizenship and
                                     Immigration Services, Department of
                                     Homeland Security.
                                    Catherine Lucille Hanaway to be U.S.
                                     Attorney for the Eastern District
                                     of Missouri.
                                    S. 1789, Personal Data Privacy and
                                     Security Act of 2005.
                                    S. 1961, Extending the Child Safety
                                     Pilot Program Act of 2005.
                                    S. 1354, Wartime Treatment Study
                                     Act.
1/24/06...........................  Samuel A. Alito, Jr. to be an
                                     Associate Justice of the Supreme
                                     Court of the United States.
2/16/06...........................  Timothy C. Batten, Sr. to be U.S.
                                     District Judge for the Northern
                                     District of Georgia.
                                    Thomas E. Johnston to be U.S.
                                     District Judge for the Southern
                                     District of West Virginia.
                                    Aida M. Delgado-Colon to be U.S.
                                     District Judge for the District of
                                     Puerto Rico.
                                    Leo Maury Gordon to be a Judge of
                                     the United States Court of
                                     International Trade.
                                    Carol E. Dinkins to be Chairman of
                                     the Privacy and Civil Liberties
                                     Oversight Board.
                                    Alan Charles Raul to be Vice
                                     Chairman of the Privacy and Civil
                                     Liberties Oversight Board.
                                    Paul J. McNulty to be Deputy
                                     Attorney General.
                                    Reginald Lloyd to be U.S. Attorney
                                     for the District of South Carolina.
                                    Stephen King to be a Member of the
                                     Foreign Claims Settlement
                                     Commission of the United States.
                                    H.R. 683, Trademark Dilution
                                     Revision Act of 2005.
3/2/06............................  Jack Zouhary to be U.S. District
                                     Judge for the Northern District of
                                     Ohio.
                                    Stephen G. Larsonto be U.S. District
                                     Judge for the Central District of
                                     California.
                                    Terrance P. Flynn to be U.S.
                                     Attorney for the Western District
                                     of New York.
                                    S. 2178, Consumer Telephone Records
                                     Protection Act of 2006.
3/9/06............................  Donald J. DeGabrielle, Jr. to be
                                     U.S. Attorney for the Southern
                                     District of Texas.
                                    John Charles Richter to be U.S.
                                     Attorney for the Western District
                                     of Oklahoma.
                                    Amul R. Thapar to be U.S. Attorney
                                     for the Eastern District of
                                     Kentucky.
                                    Mauricio J. Tamargo to be Chairman
                                     of the Foreign Claims Settlement
                                     Commission of the United States.
3/16/06...........................  John F. Clark to be Director of the
                                     United States Marshals Service.
                                    David F. Kustoff to be United States
                                     Attorney for the Western District
                                     of Tennessee.
3/30/06...........................  Michael A. Chagares to be United
                                     States Circuit Judge for the Third
                                     Circuit.
                                    Patrick J. Schiltz to be U.S.
                                     District Court Judge for the
                                     District of Minnesota.
                                    Gray Hampton Miller to be United
                                     States District Judge for the
                                     Southern District of Texas.
                                    Sharee M. Freeman to be Director,
                                     Community Relations Service, U.S.
                                     Department of Justice.
                                    Jeffrey L. Sedgwick to be Director
                                     of the Bureau of Justice
                                     Statistics, U.S. Department of
                                     Justice.
                                    S. 1768, A bill to permit the
                                     televising of Supreme Court
                                     proceedings.
                                    S. 829, Sunshine in the Courtroom
                                     Act of 2005.
4/27/06...........................  Michael Ryan Barrett to be United
                                     States District Judge for the
                                     Southern District of Ohio.
                                    Brian M. Cogan to be United States
                                     District Judge for the Eastern
                                     District of New York.
                                    Thomas M. Golden to be United States
                                     District Judge for the Eastern
                                     District of Pennsylvania.
                                    Timothy Anthony Junker to be United
                                     States Marshal for the Northern
                                     District of Iowa.
                                    Patrick Smith to be United States
                                     Marshal for the Western District of
                                     North Carolina.
                                    S. 2292, A bill to provide relief
                                     for the Federal judiciary from
                                     excessive rent charges.
                                    S. 2557, Oil and Gas Industry
                                     Antitrust Act of 2006.
5/4/06............................  Norman Randy Smith to be U.S.
                                     Circuit Judge for the Ninth
                                     Circuit.
                                    Milan D. Smith, Jr. to be U.S.
                                     Circuit Judge for the Ninth
                                     Circuit.
                                    Renee Marie Bumb to be U.S. District
                                     Judge for the District of New
                                     Jersey.
                                    Noel Lawrence Hillman to be U.S.
                                     District Judge for the District of
                                     New Jersey.
                                    Peter G. Sheridan to be U.S.
                                     District Judge for the District of
                                     New Jersey.
                                    Susan Davis Wigenton to be U.S.
                                     District Judge for the District of
                                     New Jersey.
                                    S.J. Res. 12, Flag Desecration
                                     resolution reported by Subcommittee
                                     on the Constitution, Civil Rights
                                     and Property Rights.
5/11/06...........................  Brett Kavanaugh to be U.S. Circuit
                                     Judge for the DC Circuit.
                                    Sean F. Cox to be U.S. District
                                     Judge for the Eastern District of
                                     Michigan.
                                    Thomas L. Ludington to be U.S.
                                     District judge for the Eastern
                                     District of Michigan.
5/18/06...........................  S.J. Res. 1, Marriage Protection
                                     Amendment.
5/25/06...........................  Sandra Segal Ikuta to be U.S.
                                     Circuit Judge for the Ninth
                                     Circuit.
                                    Erik C. Peterson to be U.S. Attorney
                                     for the Western District of
                                     Wisconsin.
                                    Gary D. Orton to be United States
                                     Marshal for the District of Nevada.
                                    S. 2039, Prosecutors and Defenders
                                     Incentive Act of 2005.
                                    S. 2560, Office of National Drug
                                     Control Policy Reauthorization Act
                                     of 2006.
6/8/06............................  Andrew J. Guilford to be U.S.
                                     District Judge for the Central
                                     District of California.
                                    Charles P. Rosenberg to be U.S.
                                     Attorney for the Eastern District
                                     of Virginia.
6/15/06...........................  Frank D. Whitney to be U.S. District
                                     Judge for the Western District of
                                     North Carolina.
                                    Kenneth L. Wainstein to be an
                                     Assistant Attorney General.
                                    Thomas D. Anderson to be U.S.
                                     Attorney for the District of
                                     Vermont.
                                    S.J. Res. 12, Flag Desecration
                                     resolution.
7/13/06...........................  Neil M. Gorsuch to be U.S. Circuit
                                     Judge for the Tenth Circuit.
                                    Jerome A. Holmes to be U.S. Circuit
                                     Judge for the Tenth Circuit.
                                    Bobby E. Shepherd to be U.S. Circuit
                                     Judge for the Eighth Circuit.
                                    Gustavo Antonio Gelpi to be U.S.
                                     District Judge for the District of
                                     Puerto Rico.
                                    Daniel Porter Jordan, III to be U.S.
                                     District Judge for the Southern
                                     District of Mississippi.
                                    Martin J. Jackley to be U.S.
                                     Attorney for the District of South
                                     Dakota.
                                    Brett L. Tolman to be U.S. Attorney
                                     for the District of Utah.
                                    H.R. 1036, Copyright Royalty Judges
                                     Program Technical Corrections Act.
7/19/06...........................  S. 2703, Fannie Lou Hamer, Rosa
                                     Parks, and Coretta Scott King
                                     Voting Rights Act Reauthorization
                                     and Amendments Act of 2006.
7/27/06...........................  Kimberly Ann Moore to be U.S.
                                     Circuit Judge for the Federal
                                     Circuit.
                                    Steven G. Bradbury to be an
                                     Assistant Attorney General for the
                                     Office of Legal Counsel.
                                    R. Alexander Acosta to be U.S.
                                     Attorney for the Southern District
                                     of Florida.
8/3/06............................  Frances M. Tydingco-Gatewood to be
                                     Judge for the District Court of
                                     Guam.
                                    Troy A. Eid to be U.S. Attorney for
                                     the District of Colorado.
                                    S. 2679, Unsolved Civil Rights Crime
                                     Act.
9/7/06............................  George E.B. Holding to be U.S.
                                     Attorney for the Eastern District
                                     of North Carolina
                                    H.R. 1442, Complete the Codification
                                     of Title 46, United States Code.
                                    H.R. 866, Technical Corrections to
                                     the United States Code.
9/13/06...........................  S. 2453, National Security
                                     Surveillance Act of 2006.
                                    S. 2455, Terrorist Surveillance Act
                                     of 2006.
                                    S. 3001, Foreign Intelligence
                                     Surveillance Improvement and
                                     Enhancement Act of 2006.
9/21/06...........................  Norman Randy Smith to be U.S.
                                     Circuit Judge for the Ninth
                                     Circuit.
                                    Valerie L. Baker to be U.S. District
                                     Judge for the Central District of
                                     California.
                                    Francisco Augusto Besosa to be U.S.
                                     District Judge for the District of
                                     Puerto Rico.
                                    Philip S. Gutierrez to be U.S.
                                     District Judge for the Central
                                     District of California.
                                    Lawrence Joseph O'Neill to be U.S.
                                     District Judge for the Eastern
                                     District of California.
                                    Rodger A. Heaton to be U.S. Attorney
                                     for the Central District of
                                     Illinois.
                                    S. 394, OPEN Government Act of 2005.
9/26/06...........................  Kent A. Jordan to be U.S. Circuit
                                     Judge for the Third Circuit.
                                    Sara Elizabeth Lioi to be U.S.
                                     District Judge for the Northern
                                     District of Ohio.
                                    Alfred Jarvey to be U.S. District
                                     Judge for the Southern District of
                                     Iowa.
9/29/06...........................  Nora Barry Fischer to be U.S.
                                     District Judge for the Western
                                     District of Pennsylvania.
                                    Gregory Kent Frizzell to be U.S.
                                     District Judge for the Northern
                                     District of Oklahoma.
                                    Marcia Morales Howard to be U.S.
                                     District Judge for the Middle
                                     District of Florida.
                                    Robert James Jonker to be U.S.
                                     District Judge for the Western
                                     District of Michigan.
                                    Paul Lewis Maloney to be U.S.
                                     District Judge for the Western
                                     District of Michigan.
                                    Janet T. Neff to be U.S. District
                                     Judge for the Western District of
                                     Michigan.
                                    Leslie Southwick to be U.S. District
                                     Judge for the Southern District of
                                     Mississippi.
                                    Lisa Godbey Wood to be U.S. District
                                     Judge for the Southern District of
                                     Georgia.
                                    Sharon Lynn Potter to be U.S.
                                     Attorney for the Northern District
                                     of West Virginia.
                                    Deborah Jean Johnson Rhodes to be
                                     U.S. Attorney for the Southern
                                     District of Alabama.
------------------------------------------------------------------------

E. SUCCESSFUL LEGISLATION

    SENATE JUDICIARY COMMITTEE LAWS PASSED DURING THE 109TH CONGRESS

Public Law 109-2 Class Action Fairness Act of 2005, 2/18/2005
Public Law 109-8 Bankruptcy Abuse Prevention and Consumer 
            Protection Act of 2005, 4/20/2005
Public Law 109-9 Family Entertainment and Copyright Act of 
            2005, 4/27/2005
Public Law 109-13 Emergency Supplemental Appropriations Act for 
            Defense, the Global War on Terror, and Tsunami 
            Relief, 2005, 5/11/2006 \1\
---------------------------------------------------------------------------
    \1\ Includes Save Our Small and Seasonal Businesses Act of 2005 and 
REAL ID Act of 2005
---------------------------------------------------------------------------
Public Law 109-56 To amend the Controlled Substances Act to 
            lift the patient limitation on prescribing drug 
            addiction treatments by medical practitioners in 
            group practices, and for other purposes, 8/2/2005
Public Law 109-160 Extension of Sunset of Certain Provisions of 
            the USA PATRIOT ACT and the Lone Wolf Provision of 
            the Intelligence Reform and Terrorism Prevention 
            Act of 2004
Public Law 109-162 Violence Against Women and Department of 
            Justice Reauthorization Act of 2005, 1/5/2006 \2\
---------------------------------------------------------------------------
    \2\ Includes Extending the Child Safety Pilot Program Act of 2005
---------------------------------------------------------------------------
Public Law 109-170 To amend the USA PATRIOT ACT to extend the 
            sunset of certain provisions of such Act, 2/3/2006
Public Law 109-171 Deficit Reduction Act of 2005, 2/8/2006 \3\
---------------------------------------------------------------------------
    \3\ Includes Budget Reconciliation
---------------------------------------------------------------------------
Public Law 109-177 USA PATRIOT Improvement and Reauthorization 
            Act of 2005, 3/9/2006 \4\
---------------------------------------------------------------------------
    \4\ Includes Combat Meth Act of 2005 and Secret Service 
Authorization and Technical Modification Act of 2005
---------------------------------------------------------------------------
Public Law 109-178 USA PATRIOT Act Additional Reauthorizing 
            Amendments Act of 2006, 3/9/2006
Public Law 109-181 Stop Counterfeiting in Manufactured Goods 
            Act, 3/16/2006
Public Law 109-246 Fannie Lou Hamer, Rosa Parks, and Coretta 
            Scott King Voting Rights Act Reauthorization and 
            Amendments Act of 2006, 7/27/2006
Public Law 109-248 Adam Walsh Child Protection and Safety Act 
            of 2006, 7/27/2006 \5\
---------------------------------------------------------------------------
    \5\ Includes Dru Sjodin National Sex Offender Public Database Act 
of 2005 and Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex 
Offender Registration and Notification Grant Act
---------------------------------------------------------------------------
Public Law 109-284 To make technical corrections to the United 
            States Code, 9/27/2006
Public Law 109-303 Copyright Royalty Judges Program Technical 
            Corrections Act, 10/6/2006
Public Law 109-304 To complete the codification of title 46, 
            United States Code, `Shipping', as positive law, 
            10/6/2006
Public Law 109-312 Dilution Revision Act of 2006, 10/6/2006
Public Law 109-314 National Law Enforcement Officers Memorial 
            Maintenance Fund Act of 2005, 10/6/2006
Public Law 109-364 John Warner National Defense Authorization 
            Act for Fiscal Year 2007, 10/17/2006 \6\
---------------------------------------------------------------------------
    \6\ Includes Save Our Small and Seasonal Businesses Act of 2006
---------------------------------------------------------------------------
Public Law 109-367 Secure Fence Act of 2006, 10/26/2006
Public Law 109-374 Animal Enterprise Terrorism Act, 11/27/2006

         CLEARED FOR WHITE HOUSE, PENDING PRESIDENT'S SIGNATURE

Public Law 109-___ Nursing Relief for Disadvantaged Areas 
            Reauthorization Act
Public Law 109-___ A bill to amend title 18, United States 
            Code, to prohibit disruptions of funerals of 
            members or former members of the Armed Forces
Public Law 109-___ Office of National Drug Control Policy 
            Reauthorization
Public Law 109-___ A bill to apply amendments to the 
            Immigration and Nationality Act related to 
            providing medical services in underserved areas, 
            and for other purposes
Public Law 109-___ Telephone Records and Privacy Protection Act
Public Law 109-___ Stolen Valor Act of 2005
Public Law 109-___ Geneva Distinctive Emblems Protection Act of 
            2006

SENATE JUDICIARY COMMITTEE LEGISLATION PASSED BY THE SENATE DURING THE 
                             109TH CONGRESS

S. 5--Class Action Fairness Act of 2005, Sen Grassley [R-IA], 
            referred and reported
S. 5--Class Action Fairness Act of 2005, 2/10/2005 passed 
            Senate
Public Law 109-2 Class Action Fairness Act of 2005, 2/18/2005
S. 8--Child Custody Protection Act, Sen Ensign [R-NV], referred
S. 396--Child Custody Protection Act, referred
S. 403--Child Custody Protection Act, 7/25/2006 passed Senate
S. 45--A bill to amend the Controlled Substances Act to lift 
            the patient limitation on prescribing drug 
            addiction treatments by medical practitioners in 
            group practices, and for other purposes, Sen Levin 
            [D-MI], referred and discharged
S. 45--A bill to amend the Controlled Substances Act to lift 
            the patient limitation on prescribing drug 
            addiction treatments by medical practitioners in 
            group practices, and for other purposes, 7/19/2005 
            passed Senate
Public Law 109-56 To amend the Controlled Substances Act to 
            lift the patient limitation on prescribing drug 
            addiction treatments by medical practitioners in 
            group practices, and for other purposes, 8/2/2005
S. 103--Combat Meth Act of 2005, Sen Talent [R-MO], referred 
            and reported
Conference Report 109-333 USA PATRIOT Improvement and 
            Reauthorization Act of 2005, 12/8/2005 incorporated 
            and passed Senate
Public Law 109-177 USA PATRIOT Improvement and Reauthorization 
            Act of 2005, 3/9/2006
S. 119--Unaccompanied Alien Child Protection Act of 2005, Sen 
            Feinstein [D-CA], referred and reported
S. 119--Unaccompanied Alien Child Protection Act of 2005, 12/
            22/2005 passed Senate
S. 167--Family Entertainment and Copyright Act of 2005, Sen 
            Hatch [R-UT], referred and discharged
S. 167--Family Entertainment and Copyright Act of 2005, 2/1/
            2005 passed Senate
Public Law 109-9 Family Entertainment and Copyright Act of 
            2005, 4/27/2005
S. 188--State Criminal Alien Assistance Program Reauthorization 
            Act of 2005, Sen Feinstein [D-CA], referred and 
            reported
S. 188--State Criminal Alien Assistance Program Reauthorization 
            Act of 2005, 5/23/05 passed Senate
S. 256--Bankruptcy Abuse Prevention and Consumer Protection Act 
            of 2005, Sen Grassley [R-IA], referred and reported
S. 256--Bankruptcy Abuse Prevention and Consumer Protection Act 
            of 2005, 3/11/2005 passed Senate
Public Law 109-8 Bankruptcy Abuse Prevention and Consumer 
            Protection Act of 2005, 4/20/2005
S. 289--A bill to authorize an annual appropriation of 
            $10,000,000 for mental health courts through fiscal 
            year 2011. Sen DeWine [R-OH], referred and 
            discharged
S. 289--A bill to authorize an annual appropriation of 
            $10,000,000 for mental health courts through fiscal 
            year 2011. 4/18/2005 passed Senate
S. 352--Save Our Small and Seasonal Businesses Act of 2005, Sen 
            Mikulski [D-MD], referred
Conference Report 109-72 Emergency Supplemental Appropriations 
            Act for Defense, the Global War on Terror, and 
            Tsunami Relief Act, 2005, 5/10/2005 incorporated 
            and passed Senate
Public Law 109-13 Emergency Supplemental Appropriations Act for 
            Defense, the Global War on Terror, and Tsunami 
            Relief, 2005, 5/11/2006
S. 382--Animal Fighting Prohibition Enforcement Act of 2005, 
            Sen Ensign [R-NV], referred and discharged
S. 382--Animal Fighting Prohibition Enforcement Act of 2005, 4/
            29/2005 passed Senate
S. 443--Antitrust Criminal Investigative Improvements Act of 
            2005, Sen DeWine [R-OH], referred and reported
S. 443--Antitrust Criminal Investigative Improvements Act of 
            2005, 10/25/2005 passed Senate
S. 792--Dru Sjodin National Sex Offender Public Database Act of 
            2005, Sen Dorgan [D-ND], referred and discharged
S. 792--Dru Sjodin National Sex Offender Public Database Act of 
            2005, 7/28/2005 passed Senate
H.R. 4472--Adam Walsh Child Protection and Safety Act of 2006, 
            7/20/2006 incorporated and passed Senate
Public Law 109-248 Adam Walsh Child Protection and Safety Act 
            of 2006, 7/27/2006
S. 959--Star-Spangled Banner and War of 1812 Bicentennial 
            Commission Act, Sen Sarbanes [D-MD], referred and 
            discharged
S. 959--Star-Spangled Banner and War of 1812 Bicentennial 
            Commission Act, 12/16/2005 passed Senate
S. 1086--Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner 
            Sex Offender Registration and Notification Grant 
            Act, Sen Hatch [R-UT]
S. 1086--Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner 
            Sex Offender Registration and Notification Grant 
            Act, 5/4/2006 passed Senate
H.R. 4472--Adam Walsh Child Protection and Safety Act of 2006, 
            7/20/2006 incorporated and passed Senate
Public Law 109-248 Adam Walsh Child Protection and Safety Act 
            of 2006, 7/27/2006
S. 1095--Protecting American Goods and Services Act of 2005, 
            Sen Cornyn [R-TX], referred and reported
S. 1095--Protecting American Goods and Services Act of 2005, 
            11/10/2005 passed Senate
S. 1181--A bill to ensure an open and deliberate process in 
            Congress by providing that any future legislation 
            to establish a new exemption to section 552 of 
            title 5, United States Code (commonly referred to 
            as the Freedom of Information Act) be stated 
            explicitly within the text of the bill. Sen Cornyn 
            [R-TX], referred and reported
S. 1181--A bill to ensure an open and deliberate process in 
            Congress by providing that any future legislation 
            to establish a new exemption to section 552 of 
            title 5, United States Code (commonly referred to 
            as the Freedom of Information Act) be stated 
            explicitly within the text of the bill. 6/24/05 
            passed Senate
S. 1197--Violence Against Women Act of 2005, Sen Biden [D-DE], 
            referred and reported
S. 1197--Violence Against Women Act of 2005, 10/4/2005 passed 
            Senate
H.R. 3402--Violence Against Women and Department of Justice 
            Reauthorization Act of 2005, referred and reported
H.R. 3402--Violence Against Women and Department of Justice 
            Reauthorization Act of 2005, 12/16/2005 passed 
            Senate
Public Law 109-162 Violence Against Women and Department of 
            Justice Reauthorization Act of 2005, 1/5/2006
S. 1389--USA PATRIOT Improvement and Reauthorization Act of 
            2005, Sen Specter [R-PA], referred and reported
H.R. 3199--USA PATRIOT Improvement and Reauthorization Act of 
            2005, 7/29/2005 passed Senate
S. 2167--A bill to amend the USA PATRIOT ACT to extend the 
            sunset of certain provisions of that Act and the 
            lone wolf provision of the Intelligence Reform and 
            Terrorism Prevention Act of 2004 to July 1, 2006. 
            12/22/2005 passed Senate
Public Law 109-160 Extension of Sunset of Certain Provisions of 
            the USA PATRIOT ACT and the Lone Wolf Provision of 
            the Intelligence Reform and Terrorism Prevention 
            Act of 2004
H.R. 4659--To amend the USA PATRIOT ACT to extend the sunset of 
            certain provisions of such Act, 2/2/2006 passed 
            Senate
Conference Report 109-333 USA PATRIOT Improvement and 
            Reauthorization Act of 2005, 12/8/2005, includes: 
            Combat Methamphetamine Epidemic Act of 2005; Secret 
            Service Authorization and Technical Modification 
            Act of 2005
Public Law 109-170 To amend the USA PATRIOT ACT to extend the 
            sunset of certain provisions of such Act, 2/3/2006
S. 2271--USA PATRIOT Act Additional Reauthorizing Amendments 
            Act of 2006, Sen Sununu [R-NH], 3/1/2006 passed 
            Senate
Public Law 109-177 USA PATRIOT Improvement and Reauthorization 
            Act of 2005, 3/9/2006
Public Law 109-178 USA PATRIOT Act Additional Reauthorizing 
            Amendments Act of 2006, 3/9/2006
S. 1699--Stop Counterfeiting in Manufactured Goods Act, Sen 
            Specter [R-PA], referred and reported
S. 1699--Stop Counterfeiting in Manufactured Goods Act, Sen 
            Specter [R-PA], passed Senate 11/10/2005
H.R. 32--Stop Counterfeiting in Manufactured Goods Act, 
            referred and discharged
H.R. 32--Stop Counterfeiting in Manufactured Goods Act, 2/15/
            2006 passed Senate
Public Law 109-181 Stop Counterfeiting in Manufactured Goods 
            Act, 3/16/2006
S.1 785--Vessel Hull Design Protection Amendments of 2005, Sen 
            Cornyn [R-TX], referred and discharged
S. 1785--Vessel Hull Design Protection Amendments of 2005, 11/
            18/2005 passed Senate
S. ___--Budget Reconciliation, [Chairman's Mark], 10/20/2005 
            reported
S. 1932--Deficit Reduction Act of 2005, 11/3/2005 passed Senate
Public Law 109-171 Deficit Reduction Act of 2005, 2/8/2006
S. 1961--Extending the Child Safety Pilot Program Act of 2005, 
            Sen Biden [D-DE], referred and reported
S. 1961--Extending the Child Safety Pilot Program Act of 2005, 
            11/18/2005 passed Senate
H.R. 3402--Violence Against Women and Department of Justice 
            Reauthorization Act of 2005, 12/16/2005 
            incorporated and passed Senate
Public Law 109-162 Violence Against Women and Department of 
            Justice Reauthorization Act of 2005, 1/5/2006
S. 1967--Secret Service Authorization and Technical 
            Modification Act of 2005, Sen Specter [R-PA], 
            referred
Conference Report 109-333 USA PATRIOT Improvement and 
            Reauthorization Act of 2005, 12/8/2005 incorporated 
            and passed Senate
Public Law 109-177 USA PATRIOT Improvement and Reauthorization 
            Act of 2005, 3/9/2006
S. 1968--Court Security Improvement Act of 2005, Sen Specter 
            [R-PA], referred
H.R. 1751--Court Security Improvement Act of 2006, referred and 
            discharged
H.R. 1751--Court Security Improvement Act of 2006, 12/6/2006 
            passed Senate
S. 1998--Stolen Valor Act of 2005, Sen Conrad [D-ND], referred 
            and discharged
S. 1998--Stolen Valor Act of 2005, 9/8/2006 passed Senate
Public Law 109-___
S. 2178--Consumer Telephone Records Protection Act of 2006, Sen 
            Schumer, [D-NY], referred and reported
H.R. 4709--Telephone Records and Privacy Protection Act of 
            2006, referred and discharged
H.R. 4709--Telephone Records and Privacy Protection Act of 
            2006, 12/8/2006 passed Senate
Public Law 109-___
S. 2284--Save Our Small and Seasonal Businesses Act of 2006, 
            Sen Mikulski [D-MD], referred
H.R. 5122--John Warner National Defense Authorization Act for 
            Fiscal Year 2007, 6/22/2006 incorporated and passed 
            Senate
Conference Report 109-702, 9/29/2006
Public Law 109-364 John Warner National Defense Authorization 
            Act for Fiscal Year 2007, 10/17/2006
S. 2425--A bill to apply amendments to the Immigration and 
            Nationality Act related to providing medical 
            services in underserved areas, and for other 
            purposes, Sen Conrad [D-ND], referred
H.R. 4997--Physicians for Underserved Areas Act, 12/9/2006 
            passed Senate
Public Law 109-___
S. 2560--Office of National Drug Control Policy Reauthorization 
            Act of 2006, Sen Specter [R-PA], referred and 
            reported
H.R. 6344--Office of National Drug Control Policy 
            Reauthorization Act of 2006, 12/8/2006 passed 
            Senate
Public Law 109-___
S. ___--Comprehensive Immigration Reform, [Chairman's Mark]
S. 2454--Securing America's Borders Act, Sen Frist [R-TN]
S. 2611--Comprehensive Immigration Reform Act of 2006, Sen 
            Specter [R-PA], 5/25/2006 passed Senate
S. 2703--Fannie Lou Hamer, Rosa Parks, Coretta Scott King, and 
            Cesar E. Chavez Voting Rights Act
Reauthorization and Amendments Act of 2006, Sen Specter [R-PA], 
            referred and reported
H.R. 9--Fannie Lou Hamer, Rosa Parks, and Coretta Scott King 
            Voting Rights Act Reauthorization and Amendments 
            Act of 2006, 7/20/2006 passed Senate
Public Law 109-246 Fannie Lou Hamer, Rosa Parks, and Coretta 
            Scott King Voting Rights Act Reauthorization and 
            Amendments Act of 2006, 7/27/2006
S. 3880--Animal Enterprise Terrorism Act, Sen Inhofe [R-OK], 
            referred and discharged
S. 3880--Animal Enterprise Terrorism Act, 9/30/2006 passed 
            Senate
Public Law 109-374 Animal Enterprise Terrorism Act, 11/27/06
S. 4042--A bill to amend title 18, United States Code, to 
            prohibit disruptions of funerals of members or 
            former members of the Armed Forces, Sen Durbin [D-
            IL], referred and discharged
S. 4042--A bill to amend title 18, United States Code, to 
            prohibit disruptions of funerals of members or 
            former members of the Armed Forces, 12/7/2006 
            passed Senate
Public Law 109-___
S. 4055--Preserving Crime Victims' Restitution Act of 2006, Sen 
            Feinstein [D-CA], referred and discharged
S. 4055--Preserving Crime Victims' Restitution Act of 2006, 12/
            9/2006 passed Senate
H.R. 418--REAL ID Act of 2005, Rep Sensenbrenner [R-WI-5], 
            referred
Conference Report 109-72 Emergency Supplemental Appropriations 
            Act for Defense, the Global War on Terror, and 
            Tsunami Relief Act, 2005, 5/10/2005 incorporated 
            and passed Senate
Public Law 109-13 Emergency Supplemental Appropriations Act for 
            Defense, the Global War on Terror, and Tsunami 
            Relief, 2005, 5/11/2006
H.R. 683--Trademark Dilution Revision Act of 2006, Rep Smith 
            [R-TX-15], referred and reported
H.R. 683--Trademark Dilution Revision Act of 2006, 3/8/2006 
            passed Senate
Public Law 109-312 Dilution Revision Act of 2006, 10/6/2006
H.R. 866--To make technical corrections to the United States 
            Code, Rep Sensenbrenner [R-WI-5], referred and 
            reported
H.R. 866--To make technical corrections to the United States 
            Code, 9/12/2006 passed Senate
Public Law 109-284 To make technical corrections to the United 
            States Code, 9/27/2006
H.R. 1036--Copyright Royalty Judges Program Technical 
            Corrections Act, Rep Smith [R-TX-15], referred and 
            reported
H.R. 1036--Copyright Royalty Judges Program Technical 
            Corrections Act, 7/19/2006 passed Senate
Public Law 109-303 Copyright Royalty Judges Program Technical 
            Corrections Act, 10/6/2006
H.R. 1285--Nursing Relief for Disadvantaged Areas 
            Reauthorization Act of 2005, Rep Rush [D-IL-1], 
            referred and discharged
H.R. 1285--Nursing Relief for Disadvantaged Areas 
            Reauthorization Act of 2005, 12/6/2006 passed 
            Senate
Public Law 109-___
H.R. 1442--To complete the codification of title 46, United 
            States Code, `Shipping', as positive law, Rep. 
            Sensenbrenner [R-WI-5], referred and reported
H.R. 1442--To complete the codification of title 46, United 
            States Code, `Shipping', as positive law, 9/13/2006 
            passed Senate
Public Law 109-304 To complete the codification of title 46, 
            United States Code, `Shipping', as positive law, 
            10/6/2006
H.R. 2107 National Law Enforcement Officers Memorial 
            Maintenance Fund Act of 2005, Rep Saxton [R-NJ-3], 
            referred and discharged
H.R. 2107 National Law Enforcement Officers Memorial 
            Maintenance Fund Act of 2005, 9/29/06 passed Senate
Public Law 109-314 National Law Enforcement Officers Memorial 
            Maintenance Fund Act of 2005, 10/6/2006
H.R. 6061--Secure Fence Act of 2006, Rep King [R-NY-3]
H.R. 6061--Secure Fence Act of 2006, 9/29/2006 passed Senate
Public Law 109-367 Secure Fence Act of 2006, 10/26/2006
H.R. 6338--Geneva Distinctive Emblems Protection Act of 2006, 
            Rep Flake [R-AZ-6]
H.R. 6338--Geneva Distinctive Emblems Protection Act of 2006, 
            12/8/2006 passed Senate
Public Law 109-___

F. PUBLICATIONS

------------------------------------------------------------------------

------------------------------------------------------------------------
Printed Hearings:
    Serial No. J-109-1..........  Full..............  Nomination of Hon.
                                                       Alberto R.
                                                       Gonzales, to be
                                                       Attorney General
                                                       of the United
                                                       States.
    Serial No. J-109-2A.........  Full..............  The Fairness In
                                                       Asbestos Injury
                                                       Resolution Act.
    Serial No. J-109-2B.........  Full..............  Asbestos: The
                                                       Mixed Dust and
                                                       FELA Issues.
    Serial No. J-109-2C.........  Full..............  A Bill to create a
                                                       fair and
                                                       efficient system
                                                       to resolve claims
                                                       of victims for
                                                       bodily injury
                                                       caused by
                                                       asbestos
                                                       exposure, and for
                                                       other purposes.
    Serial No. J-109-3..........  Full..............  Bankruptcy Reform.
    Serial No. J-109-4..........  Full..............  Confirmation
                                                       Hearings on
                                                       Federal
                                                       Appointments-
                                                       Multiple Parts.
    Serial No. J-109-5..........  T&T...............  Terrorism and the
                                                       EMP Threat to
                                                       Homeland
                                                       Security.
    Serial No. J-109-6..........  Imm/T&T...........  Strengthening
                                                       Enforcement and
                                                       Border Security:
                                                       The 9/11
                                                       Commission Staff
                                                       Report on
                                                       Terrorist Travel.
    Serial No. J-109-7..........  Imm/T&T...........  Openness in
                                                       Government and
                                                       Freedom of
                                                       Information:
                                                       Examining the
                                                       Open Government
                                                       Act of 2005.
    Serial No. J-109-8..........  Full..............  SBC/AT&T and
                                                       Verizon/MCI
                                                       Mergers-Remaking
                                                       the
                                                       Telecommunication
                                                       s Industry.
    Serial No. J-109-8A.........  AT................  SBC/AT&T and
                                                       Verizon/MCI
                                                       Mergers-Remaking
                                                       the
                                                       Telecommunication
                                                       s Industry, Part
                                                       2-Another View.
    Serial No. J-109-9..........  Con...............  Obscenity
                                                       Prosecution and
                                                       the Constitution.
    Serial No. J-109-10.........  Full..............  Oversight of the
                                                       USA Patriot Act.
                                                      Oversight to
                                                       Examine the
                                                       Implementation of
                                                       the USA Patriot
                                                       Act.
    Serial No. J-109-11.........  Full..............  Securing
                                                       Electronic
                                                       Personal Data:
                                                       Striking a
                                                       Balance Between
                                                       Privacy and
                                                       Commercial and
                                                       Governmental Use.
    Serial No. J-109-12.........  Con...............  Less Faith in
                                                       Judicial Credit:
                                                       Are Federal and
                                                       State Defense of
                                                       Marriage
                                                       Initiatives
                                                       Vulnerable to
                                                       Judicial
                                                       Activism?
    Serial No. J-109-13.........  Imm...............  Strengthening
                                                       Interior
                                                       Enforcement:
                                                       Deportation and
                                                       Related Issues.
    Serial No. J-109-14.........  T&T...............  A Review of the
                                                       Material Support
                                                       to Terrorism
                                                       Prohibition
                                                       Improvements Act.
    Serial No. J-109-15.........  Full..............  Protecting the
                                                       Judiciary at Home
                                                       and in the
                                                       Courthouse.
    Serial No. J-109-16.........  Full..............  Nomination of Paul
                                                       D. Clement to be
                                                       Solicitor General
                                                       of United States.
    Serial No. J-109-17.........  IP................  Perspectives on
                                                       Patents.
    Serial No. J-109-18.........  Imm...............  Strengthening
                                                       Border Security
                                                       Between the Ports
                                                       of Entry: The Use
                                                       of Technology to
                                                       Protect the
                                                       Borders.
    Serial No. J-109-19.........  Full..............  Nominations of
                                                       Rachel Brand, of
                                                       Iowa, Regina B.
                                                       Schofield, of
                                                       Virginia, each to
                                                       be an Assistant
                                                       Attorney General,
                                                       Department of
                                                       Justice.
    Serial No. J-109-20.........  Full..............  The Need for
                                                       Comprehensive
                                                       Immigration
                                                       Reform:
                                                       Strengthening our
                                                       National
                                                       Security.
    Serial No. J-109-21.........  Full..............  Nomination of
                                                       William G. Myers
                                                       III, of Idaho, to
                                                       be Circuit Judge
                                                       for the Ninth
                                                       Circuit Court of
                                                       Appeals.
    Serial No. J-109-22.........  IP................  Piracy of
                                                       Intellectual
                                                       Property.
    Serial No. J-109-23.........  Imm...............  The Need for
                                                       Comprehensive
                                                       Immigration
                                                       Reform: Serving
                                                       Our National
                                                       Economy.
    Serial No. J-109-23A........  Imm...............  The Need for
                                                       Comprehensive
                                                       Immigration
                                                       Reform: Securing
                                                       the Cooperation
                                                       of Participating
                                                       Countries.
    Serial No. J-109-24.........  Imm/T&T...........  The Southern
                                                       Border in Crisis:
                                                       Resources and
                                                       Strategies to T&T
                                                       Improve National
                                                       Security.
    Serial No. J-109-25.........  Full..............  Detainees.
    Serial No. J-109-26.........  Full..............  Prevention of
                                                       Youth and Gang
                                                       Violence.
    Serial No. J-109-27.........  IP................  Patent Law Reform:
                                                       Injunctions and
                                                       Damages.
    Serial No. J-109-28.........  Con...............  The Consequences
                                                       of Roe v. Wade
                                                       and Doe v.
                                                       Bolton.
    Serial No. J-109-29.........  Full..............  Habeas Corpus
                                                       Proceedings and
                                                       Issues of Actual
                                                       Innocence.
    Serial No. J-109-30.........  IP................  Music Licensing
                                                       Reform.
    Serial No. J-109-31.........  Full..............  Reporters'
                                                       Privilege
                                                       Legislation:
                                                       Issues and
                                                       Implications.
    Serial No. J-109-32.........  Admn..............  A Review of
                                                       Federal Consent
                                                       Decrees.
    Serial No. J-109-33.........  Full..............  Reauthorization of
                                                       the Violence
                                                       Against Women
                                                       Act.
    Serial No. J-109-34.........  Full..............  Comprehensive
                                                       Immigration
                                                       Reform.
    Serial No. J-109-35.........  IP................  Perspective on
                                                       Patents:
                                                       Harmonization and
                                                       Other Matters.
    Serial No. J-109-36.........  Full..............  Federal Bureau of
                                                       Investigation
                                                       Oversight.
    Serial No. J-109-37.........  Full..............  Nomination of John
                                                       G. Roberts, Jr.,
                                                       of Maryland, to
                                                       be Chief Justice
                                                       of the United
                                                       States.
    Serial No. J-109-38.........  Full..............  The Kelo Decision:
                                                       Investigating
                                                       Takings of Homes
                                                       and Other Private
                                                       Property.
    Serial No. J-109-39.........  Full..............  Able Danger and
                                                       Intelligence
                                                       Information
                                                       Sharing.
    Serial No. J-109-40.........  Full..............  Protecting
                                                       Copyright and
                                                       Innovation in a
                                                       Post-Grokster
                                                       World.
    Serial No. J-109-41.........  Full..............  Confirmation
                                                       Hearings on
                                                       Federal
                                                       Appointments.
    Serial No. J-109-42.........  Full..............  Comprehensive
                                                       Immigration
                                                       Reform II.
    Serial No. J-109-43.........  AT................  Video Competition
                                                       in 2005--More
                                                       Consolidation, or
                                                       New Choices for
                                                       Consumers?
    Serial No. J-109-44.........  Full..............  Reporters'
                                                       Privilege
                                                       Legislation: An
                                                       Additional
                                                       Investigation of
                                                       Issues and
                                                       Implications.
    Serial No. J-109-45.........  Con...............  An Examination of
                                                       the
                                                       Constitutional
                                                       Amendment on
                                                       Marriage.
    Serial No. J-109-46.........  T&T...............  Emergency
                                                       Preparedness.
    Serial No. J-109-47.........  Admn..............  Revisiting
                                                       Proposals to
                                                       Split the Ninth
                                                       Circuit: An
                                                       Inevitable
                                                       Solution to a
                                                       Growing Problem.
    Serial No. J-109-48.........  Full..............  Confirmation
                                                       Hearings on
                                                       Federal
                                                       Appointments.
    Serial No. J-109-49.........  Full..............  Saudi Arabia:
                                                       Friend or Foe in
                                                       the War on
                                                       Terror?
    Serial No. J-109-50.........  Full..............  Cameras in the
                                                       Courtroom.
    Serial No. J-109-51.........  Con...............  Why the Government
                                                       Should Care about
                                                       Pornography: The
                                                       State Interest in
                                                       Protecting
                                                       Children and
                                                       Families.
    Serial No. J-109-52.........  Full..............  Habeas Reform: The
                                                       Streamlined
                                                       Procedures Act.
    Serial No. J-109-53.........  Admn..............  Creating New
                                                       Federal
                                                       Judgeships: The
                                                       Systematic or
                                                       Piecemeal
                                                       Approach.
    Serial No. J-109-54.........  Full..............  Recent
                                                       Developments in
                                                       Assessing Future
                                                       Asbestos Claims
                                                       Under the FAIR
                                                       Act.
    Serial No. J-109-55.........  Imm...............  Proposed Western
                                                       Hemisphere
                                                       Passport Rules:
                                                       Impact on Trade
                                                       and Tourism.
    Serial No. J-109-56.........  Full..............  Nomination of
                                                       Samuel Alito,
                                                       Jr., to be
                                                       Associate Justice
                                                       of The Supreme
                                                       Court of the
                                                       United States.
    Serial No. J-109-58.........  Full..............  An Examination of
                                                       the Death Penalty
                                                       in the United
                                                       States.
    Serial No. J-109-59.........  Full..............  Wartime Executive
                                                       Power and the
                                                       National Security
                                                       Agency's
                                                       Surveillance
                                                       Authority.
    Serial No. J-109-60.........  Imm/T&T...........  Federal Strategies
                                                       to end Border
                                                       Violence.
    Serial No. J-109-61.........  Full..............  Nomination of
                                                       Thomas B.
                                                       Griffith to be
                                                       Circuit Judge for
                                                       DC Circuit.
    Serial No. J-109-62.........  Full..............  Nomination of
                                                       Timothy Elliott
                                                       Flanigan to be
                                                       Deputy Attorney
                                                       General,
                                                       Department of
                                                       Justice.
    Serial No. J-109-63.........  Full..............  Defective
                                                       Products: Will
                                                       Criminal
                                                       Penalties Ensure
                                                       Corporate
                                                       Accountability.
    Serial No. J-109-64.........  Con...............  What's in a Game?
                                                       Regulation of
                                                       Violent Video
                                                       Games And the
                                                       First Amendment.
    Serial No. J-109-65.........  AT................  Hospital Group
                                                       Purchasing: Are
                                                       the Industry's
                                                       Reforms
                                                       Sufficient to
                                                       Ensure
                                                       Competition?
    Serial No. J-109-66.........  Full..............  An Examination of
                                                       the Call to
                                                       Censure the
                                                       President.
    Serial No. J-109-67.........  Full..............  Immigration
                                                       Litigation
                                                       Reduction.
    Serial No. J-109-68.........  IP................  Orphan Works:
                                                       Proposals for a
                                                       Legislative
                                                       Solution.
    Serial No. J-109-69.........  Full..............  Immigration:
                                                       Economic Impacts.
    Serial No. J-109-70.........  Full..............  Renewing the
                                                       Temporary
                                                       Provisions of the
                                                       Voting Rights
                                                       Act: An
                                                       Introduction to
                                                       the Evidence.
    Serial No. J-109-71.........  Full..............  Parity, Flatforms
                                                       and Protection:
                                                       The Future of the
                                                       Music Industry in
                                                       the Digital Radio
                                                       Revolution.
    Serial No. J-109-72.........  Full..............  FBI Oversight.
    Serial No. J-109-73.........  Full..............  Nomination of
                                                       Brett Kavanaugh
                                                       to be Circuit
                                                       Judge for the DC
                                                       Circuit.
    Serial No. J-109-74.........  Full..............  An Introduction to
                                                       the Expiring
                                                       Provisions of the
                                                       Voting Rights Act
                                                       and Legal Issues
                                                       Relating to
                                                       Reauthorization.
    Serial No. J-109-75.........  Full..............  Modern Enforcement
                                                       of the Voting
                                                       Rights Act.
    Serial No. J-109-76.........  Full..............  Voting Rights Act:
                                                       Understanding the
                                                       Benefits and
                                                       Costs of Section
                                                       5 Pre-Clearance.
    Serial No. J-109-77.........  Full..............  Voting Rights Act:
                                                       The Continuing
                                                       Need for Section
                                                       5 Pre-Clearance.
    Serial No. J-109-78.........  Full..............  Perspectives on
                                                       Patents: Post-
                                                       Grant Review
                                                       Procedures and
                                                       other Litigation
                                                       Reforms.
    Serial No. J-109-79.........  Full/Field........  Campus Crime:
                                                       Compliance and
                                                       Enforcement Under
                                                       the Field Clery
                                                       Act.
    Serial No. J-109-80.........  Con...............  The Consequences
                                                       of Legalized
                                                       Assisted Suicide
                                                       and Euthanasia.
    Serial No. J-109-81.........  Full..............  Examining DOJ's
                                                       Investigation of
                                                       Journalists who
                                                       Publish
                                                       Classified
                                                       Information:
                                                       Lessons from the
                                                       Jack Anderson
                                                       Case.
    Serial No. J-109-82.........  Full..............  S.3274: the
                                                       Fairness in
                                                       Asbestos Injury
                                                       Resolution Act of
                                                       2006.
    Serial No. J-109-83.........  Corr..............  The Findings and
                                                       Recommendations
                                                       of the Commission
                                                       on Safety and
                                                       Abuse in
                                                       America's
                                                       Prisons.
    Serial No. J-109-84.........  Full..............  Examining the
                                                       continuing Need
                                                       for Voting Rights
                                                       Act Section 203's
                                                       Provisions
                                                       Regarding
                                                       Bilingual
                                                       Election
                                                       Materials.
    Serial No. J-109-85.........  Full..............  Reconsidering our
                                                       Communications
                                                       Laws: Ensuring
                                                       Competition and
                                                       Innovation.
    Serial No. J-109-86.........  Full..............  The Analog Hole:
                                                       can Congress
                                                       Protect Copyright
                                                       and Promote
                                                       Innovation.
    Serial No. J-109-87.........  Imm...............  Immigration
                                                       Enforcement at
                                                       the Workplace:
                                                       Learning From the
                                                       Mistakes of 1986.
    Serial No. J-109-88.........  Con...............  Reauthorizing the
                                                       Voting Rights
                                                       Act's Temporary
                                                       Provisions Policy
                                                       Perspectives and
                                                       Views from the
                                                       Field.
    Serial No. J-109-89.........  Full..............  The McCarran-
                                                       Ferguson Act:
                                                       Implications of
                                                       Repealing The
                                                       Insurers'
                                                       Antitrust
                                                       Exemption.
    Serial No. J-109-90.........  AT................  The AT&T and
                                                       Bellsouth Merger:
                                                       What does it mean
                                                       for Consumers?
    Serial No. J-109-91.........  Admn..............  The Multidistrict
                                                       Litigation
                                                       Restoration Act.
    Serial No. J-109-92.........  Full..............  The Use of
                                                       Presidential
                                                       Signing
                                                       Statements.
    Serial No. J-109-93.........  Full..............  Hedge Funds and
                                                       Independent
                                                       Analysts: How
                                                       Independent Are
                                                       their
                                                       Relationships?
    Serial No. J-109-94.........  Full..............  Comprehensive
                                                       Immigration
                                                       Reform: Examining
                                                       the Need For a
                                                       Guest Worker
                                                       Program.
    Serial No. J-109-95.........  Full..............  Humdan v.
                                                       Rumsfeld:
                                                       Establishing a
                                                       Constitution
                                                       Process.
    Serial No. J-109-96.........  Full..............  Nominations of
                                                       William James
                                                       Haynes II to be
                                                       U.S. Circuit
                                                       Judge for the
                                                       Fourth Circuit;
    Serial No. J-109-97.........  Full..............  Examining the need
                                                       for Comprehensive
                                                       Immigration
                                                       Reform.
    Serial No. J-109-98.........  Con...............  Renewing the
                                                       Temporary
                                                       Provisions of the
                                                       Voting Rights
                                                       Act: Legislative
                                                       Options After.
    Serial No. J-109-99.........  Full..............  Department of
                                                       Justice
                                                       Overisght.
    Serial No. J-109-100........  Full..............  Credit Card
                                                       Interchange Fees:
                                                       Anti-trust
                                                       Concerns.
    Serial No. J-109-101........  Full..............  FISA for the 21st
                                                       Century.
    Serial No. J-109-102........  T&T...............  Detecting Smuggled
                                                       Nuclear Weapons.
    Serial No. J-109-103........  Full..............  The Authority to
                                                       Prosecute
                                                       Terrorists Under
                                                       the War Crime
                                                       Provisions of
                                                       Title 18.
    Serial No. J-109-104........  Con...............  Paying Your Own
                                                       Way: Creating a
                                                       Fair Standard for
                                                       Attorney's Fees
                                                       Awards in
                                                       Establishment
                                                       Clause.
    Serial No. J-109-105........  Imm...............  U.S. VISA Policy:
                                                       Competition for
                                                       International
                                                       Scholars,
                                                       Scientists, and
                                                       Skilled Workers.
    Serial No. J-109-106........  Full..............  Examining
                                                       Competition in
                                                       Group Health
                                                       Care.
    Serial No. J-109-107........  T&T...............  ``Keeping
                                                       Terrorists Off
                                                       the Plane''.
    Serial No. J-109-108........  Full..............  The Thompson
                                                       Memorandum's
                                                       Effect on the
                                                       Right to Counsel
                                                       in Corporate
                                                       Investigations.
    Serial No. J-109-109........  Crime.............  Challenges Facing
                                                       Today's Federal
                                                       Prosecutors.
    Serial No. J-109-110........  Full..............  The Cost of Crime:
                                                       Understanding the
                                                       Financial and
                                                       Human Impact of
                                                       Criminal
                                                       Activity.
    Serial No. J-109-111........  Full..............  Reporters'
                                                       Privilege
                                                       Legislation:
                                                       Preserving
                                                       Effective Federal
                                                       Law Enforcement.
    Serial No. J-109-112........  Full..............  Examining the
                                                       Proposal to
                                                       Restructure the
                                                       Ninth Circuit.
    Serial No. J-109-113........  Full..............  Examining
                                                       Proposals to
                                                       Limit Guantanamo
                                                       Detainees' Access
                                                       to Habeas Corpus
                                                       Review.
    Serial No. J-109-114........  Cor...............  Oversight of
                                                       Federal
                                                       Assistance for
                                                       Prisoner
                                                       Rehabilitation
                                                       And Reentry in
                                                       our States.
    Serial No. J-109-115........  Full..............  Nomination of
                                                       Michael Brunson
                                                       Wallace, to be
                                                       U.S. Circuit
                                                       Judge for the
                                                       Fifth Circuit.
    Serial No. J-109-116........  Full..............  Fighting Crime:
                                                       The Challenges
                                                       facing local Law
                                                       Enforcement and
                                                       the Federal Role.
    Serial No. J-109-117........  Full..............  Illegal Insider
                                                       Trading: How
                                                       Widespread is the
                                                       Problem And is
                                                       there Adequate
                                                       Criminal
                                                       Enforcement?
    Serial No. J-109-118........  Imm...............  Oversight Hearing:
                                                       U.S. Refugee
                                                       Admissions and
                                                       Policy.
    Serial No. J-109-119........  Full..............  Competition in
                                                       Sports
                                                       Programming and
                                                       Broadcasting: Are
                                                       Consumers
                                                       Winning?
    Serial No. J-109-120........  Full..............  Oversight of the
                                                       Civil Rights
                                                       Division.
    Serial No. J-109-121........  Full..............  Examining
                                                       Enforcement of
                                                       Criminal Insider
                                                       Trading and Hedge
                                                       Fund Activity.
    Serial No. J-109-122........  Full..............  FBI Oversight.
    Serial No. J-109-123........  Admn..............  Oversight of the
                                                       Implementation of
                                                       the Bankruptcy
                                                       Abuse Prevention
                                                       and Consumer
                                                       Protection Act.
    Serial No. J-109-124........  Full..............  Vertically
                                                       Integrated Sports
                                                       Programming: Are
                                                       Cable Companies
                                                       Excluding
                                                       Competition?
    Serial No. J-109-125........  Full..............  Nomination of Paul
                                                       J. McNulty, of
                                                       Virginia, to be
                                                       Deputy Attorney
                                                       General, U.S.
                                                       Department of
                                                       Justice.
Senate Reports:
    Senate Report 109-014.......  ..................  The Class Action
                                                       Fairness Act of
                                                       2005.
    Senate Report 109-097.......  ..................  The Fairness in
                                                       Asbestos Injury
                                                       Resolution Act of
                                                       2005.
    Senate Report 109-295.......  ..................  Fannie Lou Hamer,
                                                       Rosa Parks,
                                                       Coretta Scott
                                                       King, and Cesar
                                                       E. Chavez Voting
                                                       Rights Act
                                                       Reauthoization
                                                       and Amendments
                                                       Act of 2006.
------------------------------------------------------------------------

                 VII. COMMITTEE STRUCTURE AND PROCEDURE


A. FULL COMMITTEE MEMBERSHIP

                       COMMITTEE ON THE JUDICIARY

   ARLEN SPECTER, Pennsylvania, 
             Chairman

PATRICK J. LEAHY, Vermont            ORRIN G. HATCH, Utah
EDWARD M. KENNEDY, Massachusetts     CHARLES E. GRASSLEY, Iowa
JOSEPH R. BIDEN, Jr., Delaware       JON KYL, Arizona
HERBERT KOHL, Wisconsin              MIKE DeWINE, Ohio
DIANNE FEINSTEIN, California         JEFF SESSIONS, Alabama
RUSSELL D. FEINGOLD, Wisconsin       LINDSEY GRAHAM, South Carolina
CHARLES E. SCHUMER, New York         JOHN CORNYN, Texas
RICHARD J. DURBIN, Illinois          SAM BROWNBACK, Kansas
                                     TOM COBURN, Oklahoma

Michael O'Neill, Chief Counsel and 
          Staff Director
 Bruce A. Cohen, Democratic Chief 
    Counsel and Staff Director

B. SUBCOMMITTEE MEMBERSHIP

                ADMINISTRATIVE OVERSIGHT AND THE COURTS

 JEFF SESSIONS, Alabama, Chairman

CHARLES E. SCHUMER, New York         ARLEN SPECTER, Pennsylvania
DIANNE FEINSTEIN, California         CHARLES E. GRASSLEY, Iowa
RUSSELL D. FEINGOLD, Wisconsin       JON KYL, Arizona

     SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CITIZENSHIP

   JOHN CORNYN, Texas, Chairman

EDWARD M. KENNEDY, Massachusetts     CHARLES E. GRASSLEY, Iowa
JOSEPH R. BIDEN, Jr., Delaware       JON KYL, Arizona
DIANNE FEINSTEIN, California         MIKE DeWINE, Ohio
RUSSELL D. FEINGOLD, Wisconsin       JEFF SESSIONS, Alabama
CHARLES E. SCHUMER, New York         SAM BROWNBACK, Kansas
RICHARD J. DURBIN, Illinois          TOM COBURN, Oklahoma

                 SUBCOMMITTEE ON INTELLECTUAL PROPERTY

  ORRIN G. HATCH, Utah, Chairman

PATRICK J. LEAHY, Vermont            JON KYL, Arizona
EDWARD M. KENNEDY, Massachusetts     MIKE DeWINE, Ohio
JOSEPH R. BIDEN, Jr., Delaware       LINDSEY GRAHAM, South Carolina
DIANNE FEINSTEIN, California         JOHN CORNYN, Texas
HERBERT KOHL, Wisconsin              SAM BROWNBACK, Kansas
RICHARD J. DURBIN, Illinois          TOM COBURN, Oklahoma

   SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS

  SAM BROWNBACK, Kansas, Chairman

RUSSELL D. FEINGOLD, Wisconsin       ARLEN SPECTER, Pennsylvania
EDWARD M. KENNEDY, Massachusetts     LINDSEY GRAHAM, South Carolina
DIANNE FEINSTEIN, California         JOHN CORNYN, Texas
RICHARD J. DURBIN, Illinois          TOM COBURN, Oklahoma

   SUBCOMMITTEE ON ANTITRUST, COMPETITION POLICY, AND CONSUMER RIGHTS

    MIKE DeWINE, Ohio, Chairman

HERBERT KOHL, Wisconsin              ARLEN SPECTER, Pennsylvania
PATRICK J. LEAHY, Vermont            ORRIN G. HATHER, Utah
JOSEPH R. BIDEN, Jr., Delaware       CHARLES E. GRASSLEY, Iowa
RUSSELL D. FEINGOLD, Wisconsin       LINDSEY O. GRAHAM, South Carolina
CHARLES E. SCHUMER, New York         SAM BROWNBACK, Kansas

             SUBCOMMITTEE ON CORRECTIONS AND REHABILITATION

  TOM COBURN, Oklahoma, Chairman

RICHARD J. DURBIN, Illinois          ARLEN SPECTER, Pennsylvania
PATRICK J. LEAHY, Vermont            JEFF SESSIONS, Alabama
JOSEPH R. BIDEN, Jr., Delaware       JOHN CORNYN, Texas
RUSSELL D. FEINGOLD, Wisconsin       SAM BROWNBACK, Kansas

                    SUBCOMMITTEE ON CRIME AND DRUGS

 LINDSEY O. GRAHAM, Pennsylvania, 
             Chairman

JOSEPH R. BIDEN, Jr., Delaware       CHARLES E. GRASSLEY, Iowa
HERBERT KOHL, Wisconsin              JON KYL, Arizona
DIANNE FEINSTEIN, California         MIKE DeWINE, Ohio
RUSSELL D. FEINGOLD, Wisconsin       JEFF SESSIONS, Alabama
CHARLES E. SCHUMER, New York         TOM COBURN, Oklahoma

      SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, AND HOMELAND SECURITY

    JOHN KYL, Arizona, Chairman

DIANNE FEINSTEIN, California         ORRIN G. HATCH, Utah
EDWARD M. KENNEDY, Massachusetts     CHARLES E. GRASSLEY, Iowa
JOSEPH R. BIDEN, Jr., Delaware       JOHN CORNYN, Texas
HERBERT KOHL, Wisconsin              MIKE DeWINE, Ohio
RUSSELL D. FEINGOLD, Wisconsin       JEFF SESSIONS, Alabama
RICHARD J. DURBIN, Illinois          LINDSEY GRAHAM, South Carolina

C. JURISDICTION OF THE COMMITTEE

            (To include S. Res. 445 from the 108th Congress)

Senate Rule XXVI

    (l) Committee on the Judiciary, to which committee shall be 
referred all proposed legislation, messages, petitions, 
memorials, and other matters relating to the following 
subjects:
          1. Apportionment of Representatives.
          2. Bankruptcy, mutiny, espionage, and counterfeiting.
          3. Civil liberties.
          4. Constitutional amendments.
          5. Federal courts and judges.
          6. Government information.
          7. Holidays and celebrations.
          8. Immigration and naturalization.
          9. Interstate compacts generally.
          10. Judicial proceedings, civil and criminal, 
        generally.
          11. Local courts in the territories and possessions.
          12. Measures relating to claims against the United 
        States.
          13. National penitentiaries.
          14. Patent Office.
          15. Patents, copyrights, and trademarks.
          16. Protection of trade and commerce against unlawful 
        restraints and monopolies.
          17. Revision and codification of the statutes of the 
        United States.
          18. State and territorial boundary lines.

S. RES. 445

                             108th CONGRESS


                               2d Session


                              S. RES. 445

    To eliminate certain restrictions on service of a Senator 
on the Senate Select Committee on Intelligence.

                   IN THE SENATE OF THE UNITED STATES


                            October 1, 2004

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

                            October 5, 2004

    Reported by Mr. LOTT, without amendment

                            October 9, 2004

    Considered, amended, and agreed to

                               RESOLUTION

    To eliminate certain restrictions on service of a Senator 
on the Senate Select Committee on Intelligence.
          Resolved,

SEC. 100. PURPOSE.

    It is the purpose of titles I through V of this resolution 
to improve the effectiveness of the Senate Select Committee on 
Intelligence, especially with regard to its oversight of the 
Intelligence Community of the United States Government, and to 
improve the Senate's oversight of homeland security.

              TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

SEC. 101. HOMELAND SECURITY.

    (a) Committee on Homeland Security and Government 
Affairs.--The Committee on Governmental Affairs is renamed as 
the Committee on Homeland Security and Governmental Affairs.
    (b) Jurisdiction.--There shall be referred to the committee 
all proposed legislation, messages, petitions, memorials, and 
other matters relating to the following subjects:
          (1) Department of Homeland Security, except matters 
        relating to--
                  (A) the Coast Guard, the Transportation 
                Security Administration, the Federal Law 
                Enforcement Training Center or the Secret 
                Service; and
                  (B)(i) the United States Citizenship and 
                Immigration Service; or
                  (ii) the immigration functions of the United 
                States Customs and Border Protection or the 
                United States Immigration and Custom 
                Enforcement or the Directorate of Border and 
                Transportation Security; and
                  (C) the following functions performed by any 
                employee of the Department of Homeland 
                Security--
                          (i) any customs revenue function 
                        including any function provided for in 
                        section 415 of the Homeland Security 
                        Act of 2002 (Public Law 107-296);
                          (ii) any commercial function or 
                        commercial operation of the Bureau of 
                        Customs and Border Protection or Bureau 
                        of Immigration and Customs Enforcement, 
                        including matters relating to trade 
                        facilitation and trade regulation; or
                          (iii) any other function related to 
                        clause (i) or (ii) that was exercised 
                        by the United States Customs Service on 
                        the day before the effective date of 
                        the Homeland Security Act of 2002 
                        (Public Law 107-296).
        The jurisdiction of the Committee on Homeland Security 
        and Governmental Affairs in this paragraph shall 
        supersede the jurisdiction of any other committee of 
        the Senate provided in the rules of the Senate: 
        Provided, That the jurisdiction provided under section 
        101(b)(1) shall not include the National Flood 
        Insurance Act of 1968, or functions of the Federal 
        Emergency Management Agency related thereto.
          (2) Archives of the United States.
          (3) Budget and accounting measures, other than 
        appropriations, except as provided in the Congressional 
        Budget Act of 1974.
          (4) Census and collection of statistics, including 
        economic and social statistics.
          (5) Congressional organization, except for any part 
        of the matter that amends the rules or orders of the 
        Senate.
          (6) Federal Civil Service.
          (7) Government information.
          (8) Intergovernmental relations.
          (9) Municipal affairs of the District of Columbia, 
        except appropriations therefor.
          (10) Organization and management of United States 
        nuclear export policy.
          (11) Organization and reorganization of the executive 
        branch of the Government.
          (12) Postal Service.
          (13) Status of officers and employees of the United 
        States, including their classification, compensation, 
        and benefits.
    (c) Additional Duties.--The committee shall have the duty 
of--
          (1) receiving and examining reports of the 
        Comptroller General of the United States and of 
        submitting such recommendations to the Senate as it 
        deems necessary or desirable in connection with the 
        subject matter of such reports;
          (2) studying the efficiency, economy, and 
        effectiveness of all agencies and departments of the 
        Government;
          (3) evaluating the effects of laws enacted to 
        reorganize the legislative and executive branches of 
        the Government; and
          (4) studying the intergovernmental relationships 
        between the United States and the States and 
        municipalities, and between the United States and 
        international organizations of which the United States 
        is a member.
    (d) Jurisdiction of Budget Committee.--Notwithstanding 
paragraph (b)(3) of this section, and except as otherwise 
provided in the Congressional Budget Act of 1974, the Committee 
on the Budget shall have exclusive jurisdiction over measures 
affecting the congressional budget process, which are--
          (1) the functions, duties, and powers of the Budget 
        Committee;
          (2) the functions, duties, and powers of the 
        Congressional Budget Office;
          (3) the process by which Congress annually 
        establishes the appropriate levels of budget authority, 
        outlays, revenues, deficits or surpluses, and public 
        debt--including subdivisions thereof--and including the 
        establishment of mandatory ceilings on spending and 
        appropriations, a floor on revenues, timetables for 
        congressional action on concurrent resolutions, on the 
        reporting of authorization bills, and on the enactment 
        of appropriation bills, and enforcement mechanisms for 
        budgetary limits and timetables;
          (4) the limiting of backdoor spending devices;
          (5) the timetables for Presidential submission of 
        appropriations and authorization requests;
          (6) the definitions of what constitutes impoundment--
        such as ``rescissions'' and ``deferrals'';
          (7) the process and determination by which 
        impoundments must be reported to and considered by 
        Congress;
          (8) the mechanisms to insure Executive compliance 
        with the provisions of the Impoundment Control Act, 
        title X--such as GAO review and lawsuits; and
          (9) the provisions which affect the content or 
        determination of amounts included in or excluded from 
        the congressional budget or the calculation of such 
        amounts, including the definition of terms provided by 
        the Budget Act.
    (e) OMB Nominees.--The Committee on the Budget and the 
Committee on Homeland Security and Governmental Affairs shall 
have joint jurisdiction over the nominations of persons 
nominated by the President to fill the positions of Director 
and Deputy Director for Budget within the Office of Management 
and Budget, and if one committee votes to order reported such a 
nomination, the other must report within 30 calendar days 
session, or be automatically discharged.

                TITLE II--INTELLIGENCE OVERSIGHT REFORM

SEC. 201. INTELLIGENCE OVERSIGHT.

    (a) Committee on Armed Services Membership.--Section 
2(a)(3) of Senate Resolution 400, agreed to May 19, 1976 (94th 
Congress) (referred to in this section as ``S. Res. 400'') is 
amended by--
          (1) inserting ``(A)'' after ``(3)''; and
          (2) inserting at the end the following:
                  ``(B) The Chairman and Ranking Member of the 
                Committee on Armed Services (if not already a 
                member of the select Committee) shall be ex 
                officio members of the select Committee but 
                shall have no vote in the Committee and shall 
                not be counted for purposes of determining a 
                quorum.'.
    (b) Number of Members.--Section 2(a) of S. Res. 400 is 
amended--
          (1) in paragraph (1), by inserting ``not to exceed'' 
        before ``fifteen members'';
          (2) in paragraph (1)(E), by inserting ``not to 
        exceed'' before ``seven''; and
          (3) in paragraph (2), by striking the second sentence 
        and inserting ``Of any members appointed under 
        paragraph (1)(E), the majority leader shall appoint the 
        majority members and the minority leader shall appoint 
        the minority members, with the majority having a one 
        vote margin.''.
    (c) Elimination of Term Limits.--Section 2 of Senate 
Resolution 400, 94th Congress, agreed to May 19, 1976, is 
amended by striking subsection (b) and by redesignating 
subsection (c) as subsection (b).
    (d) Appointment of Chairman and Vice Chairman.--Section 
2(b) of S. Res. 400, as redesignated by subsection (c) of this 
section, is amended by striking the first sentence and 
inserting the following: ``At the beginning of each Congress, 
the Majority Leader of the Senate shall select a chairman of 
the select Committee and the Minority Leader shall select a 
vice chairman for the select Committee.''.
    (e) Subcommittees.--Section 2 of S. Res. 400, as amended by 
subsections (a) through (d), is amended by adding at the end 
the following:
    ``(c) The select Committee may be organized into 
subcommittees. Each subcommittee shall have a chairman and a 
vice chairman who are selected by the Chairman and Vice 
Chairman of the select Committee, respectively.''.
    (f) Reports.--Section 4(a) of S. Res. 400 is amended by 
inserting ``, but not less than quarterly,'' after 
``periodic''.
    (g) Staff.--Section 15 of S. Res. 400 is amended to read as 
follows:
    ``Sec. 15.  (a) In addition to other committee staff 
selected by the select Committee, the select Committee shall 
hire or appoint one employee for each member of the select 
Committee to serve as such Member's designated representative 
on the select Committee. The select Committee shall only hire 
or appoint an employee chosen by the respective Member of the 
select Committee for whom the employee will serve as the 
designated representative on the select Committee.
    ``(b) The select Committee shall be afforded a supplement 
to its budget, to be determined by the Committee on Rules and 
Administration, to allow for the hire of each employee who 
fills the position of designated representative to the select 
Committee. The designated representative shall have office 
space and appropriate office equipment in the select Committee 
spaces. Designated personal representatives shall have the same 
access to Committee staff, information, records, and databases 
as select Committee staff, as determined by the Chairman and 
Vice Chairman.
    ``(c) The designated employee shall meet all the 
requirements of relevant statutes, Senate rules, and committee 
security clearance requirements for employment by the select 
Committee.
    ``(d) Of the funds made available to the select Committee 
for personnel--
          ``(1) not more than 60 percent shall be under the 
        control of the Chairman; and
          ``(2) not less than 40 percent shall be under the 
        control of the Vice Chairman.''.
    (h) Nominees.--S. Res. 400 is amended by adding at the end 
the following:
    ``Sec. 17.  (a) The select Committee shall have 
jurisdiction for reviewing, holding hearings, and reporting the 
nominations of civilian persons nominated by the President to 
fill all positions within the intelligence community requiring 
the advice and consent of the Senate.
    ``(b) Other committees with jurisdiction over the nominees' 
executive branch department may hold hearings and interviews 
with such persons, but only the select Committee shall report 
such nominations.''.
    (i) Jurisdiction.--Section 3(b) of S. Res. 400 is amended 
to read as follows:
    ``(b)(1) Any proposed legislation reported by the select 
Committee except any legislation involving matters specified in 
clause (1) or (4)(A) of subsection (a), containing any matter 
otherwise within the jurisdiction of any standing committee 
shall, at the request of the chairman of such standing 
committee, be referred to such standing committee for its 
consideration of such matter and be reported to the Senate by 
such standing committee within 10 days after the day on which 
such proposed legislation, in its entirety and including 
annexes, is referred to such standing committee; and any 
proposed legislation reported by any committee, other than the 
select Committee, which contains any matter within the 
jurisdiction of the select Committee shall, at the request of 
the chairman of the select Committee, be referred to the select 
Committee for its consideration of such matter and be reported 
to the Senate by the select Committee within 10 days after the 
day on which such proposed legislation, in its entirety and 
including annexes, is referred to such committee.
    ``(2) In any case in which a committee fails to report any 
proposed legislation referred to it within the time limit 
prescribed in this subsection, such Committee shall be 
automatically discharged from further consideration of such 
proposed legislation on the 10th day following the day on which 
such proposed legislation is referred to such committee unless 
the Senate provides otherwise, or the Majority Leader or 
Minority Leader request, prior to that date, an additional 5 
days on behalf of the Committee to which the proposed 
legislation was sequentially referred. At the end of that 
additional 5 day period, if the Committee fails to report the 
proposed legislation within that 5 day period, the Committee 
shall be automatically discharged from further consideration of 
such proposed legislation unless the Senate provides otherwise.
    ``(3) In computing any 10 or 5 day period under this 
subsection there shall be excluded from such computation any 
days on which the Senate is not the session.
    ``(4) The reporting and referral processes outlined in this 
subsection shall be conducted in strict accordance with the 
Standing Rules of the Senate. In accordance with such rules, 
committees to which legislation is referred are not permitted 
to make changes or alterations to the text of the referred bill 
and its annexes, but may propose changes or alterations to the 
same in the form of amendments.''.
    (j) Public Disclosure.--Section 8 of S. Res. 400 is 
amended--
          (1) in subsection (b)--
                  (A) in paragraph (1), by striking ``shall 
                notify the President of such vote'' and 
                inserting ``shall--
                  ``(A) first, notify the Majority Leader and 
                Minority Leader of the Senate of such vote; and
                  ``(B) second, consult with the Majority 
                Leader and Minority Leader before notifying the 
                President of such vote.'';
                  (B) in paragraph (2), by striking 
                ``transmitted to the President'' and inserting 
                ``transmitted to the Majority Leader and the 
                Minority Leader and the President''; and
                  (C) by amending paragraph (3) to read as 
                follows:
          ``(3) If the President, personally, in writing, 
        notifies the Majority Leader and Minority Leader of the 
        Senate and the select Committee of his objections to 
        the disclosure of such information as provided in 
        paragraph (2), the Majority Leader and Minority Leader 
        jointly or the select Committee, by majority vote, may 
        refer the question of the disclosure of such 
        information to the Senate for consideration.''.

                      TITLE III--COMMITTEE STATUS

SEC. 301. COMMITTEE STATUS.

    (a) Homeland Security.--The Committee on Homeland Security 
and Governmental Affairs shall be treated as the Committee on 
Governmental Affairs listed under paragraph 2 of rule XXV of 
the Standing Rules of the Senate for purposes of the Standing 
Rules of the Senate.
    (b) Intelligence.--The Select Committee on Intelligence 
shall be treated as a committee listed under paragraph 2 of 
rule XXV of the Standing Rules of the Senate for purposes of 
the Standing Rules of the Senate.

              TITLE IV--INTELLIGENCE-RELATED SUBCOMMITTEES

SEC. 401. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

    (a) Establishment.--There is established in the Select 
Committee on Intelligence a Subcommittee on Oversight which 
shall be in addition to any other subcommittee established by 
the select Committee.
    (b) Responsibility.--The Subcommittee on Oversight shall be 
responsible for ongoing oversight of intelligence activities.

SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.

    (a) Establishment.--There is established in the Committee 
on Appropriations a Subcommittee on Intelligence. The Committee 
on Appropriations shall reorganize into 13 subcommittees as 
soon as possible after the convening of the 109th Congress.
    (b) Jurisdiction.--The Subcommittee on Intelligence of the 
Committee on Appropriations shall have jurisdiction over 
funding for intelligence matters, as determined by the Senate 
Committee on Appropriations.

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    This resolution shall take effect on the convening of the 
109th Congress.

D. RULES OF THE COMMITTEE

                        (Adopted July 14, 2005)

                      I. MEETINGS OF THE COMMITTEE

    1. Meetings of the Committee may be called by the Chairman 
as he may deem necessary on three days' notice of the date, 
time, place and subject matter of the meeting, or in the 
alternative with the consent of the Ranking Minority Member, or 
pursuant to the provision of the Standing Rules of the Senate, 
as amended.
    2. Unless otherwise called pursuant to (1) of this section, 
Committee meetings shall take place promptly at 9:30 AM each 
Thursday the Senate is in session.
    3. At the request of any Member, or by action of the 
Chairman, a bill, matter, or nomination on the agenda of the 
Committee may be held over until the next meeting of the 
Committee or for one week, whichever occurs later.

                     II. HEARINGS OF THE COMMITTEE

    1. The Committee shall provide a public announcement of the 
date, time, place and subject matter of any hearing to be 
conducted by the Committee or any Subcommittee at least seven 
calendar days prior to the commencement of that hearing, unless 
the Chairman with the consent of the Ranking Minority Member 
determines that good cause exists to begin such hearing at an 
earlier date. Witnesses shall provide a written statement of 
their testimony and curriculum vitae to the Committee at least 
24 hours preceding the hearing testimony in as many copies as 
the Chairman of the Committee or Subcommittee prescribes.
    2. In the event 14 calendar days' notice of a hearing has 
been made, any witness appearing before the Committee, 
including any witness representing a Government agency, must 
file with the Committee at least 48 hours preceding her 
appearance a written statement of her testimony and curriculum 
vitae in as many copies as the Chairman of the Committee or 
Subcommittee prescribes. In the event the witness fails to file 
a written statement in accordance with this rule, the Chairman 
may permit the witness to testify, or deny the witness the 
privilege of testifying before the Committee, or permit the 
witness to testify in response to questions from Senators 
without the benefit of giving an opening statement.

                              III. QUORUMS

    1. One-third of the membership of the Committee, actually 
present, shall constitute a quorum for the purpose of 
discussing business. Eight members of the Committee, including 
at least two members of the minority, must be present to 
transact business. No bill, matter, or nomination shall be 
ordered reported from the Committee, however, unless a majority 
of the Committee is actually present at the time such action is 
taken and a majority of those present support the action taken.
    2. For the purpose of taking sworn testimony, a quorum of 
the Committee and each Subcommittee thereof, now or hereafter 
appointed, shall consist of one Senator.

                    IV. BRINGING A MATTER TO A VOTE

    1. The Chairman shall entertain a non-debatable motion to 
bring a matter before the Committee to a vote. If there is 
objection to bring the matter to a vote without further debate, 
a roll call vote of the Committee shall be taken, and debate 
shall be terminated if the motion to bring the matter to a vote 
without further debate passes with ten votes in the 
affirmative, one of which must be cast by the minority.

                             V. AMENDMENTS

    1. Provided at least seven calendar days' notice of the 
agenda is given, and the text of the proposed bill or 
resolution has been made available at least seven calendar days 
in advance, it shall not be in order for the Committee to 
consider any amendment in the first degree proposed to any 
measure under consideration by the Committee unless such 
amendment has been delivered to the office of the Committee and 
circulated via e-mail to each of the offices by at least 5:00 
PM the day prior to the scheduled start of the meeting.
    2. It shall be in order, without prior notice, for a Member 
to offer a motion to strike a single section of any bill, 
resolution, or amendment under consideration.
    3. The time limit imposed on the filing of amendments shall 
apply to no more than three bills identified by the Chairman 
and included on the Committee's legislative agenda.
    4. This section of the rule may be waived by agreement of 
the Chairman and the Ranking Minority Member.

                            VI. PROXY VOTING

    1. When a recorded vote is taken in the Committee on any 
bill, resolution, amendment, or any other question, a quorum 
being present, a Member who is unable to attend the meeting may 
submit her vote by proxy, in writing or by telephone, or 
through personal instructions. A proxy must be specific with 
respect to the matters it addresses and may not be counted 
either in reporting a matter, bill, or nomination to the floor, 
or in preventing any of the same from being reported to the 
floor.

                           VII. SUBCOMMITTEES

    1. Any Member of the Committee may sit with any 
Subcommittee during its hearings or any other meeting, but 
shall not have the authority to vote on any matter before the 
Subcommittee unless she is a Member of such Subcommittee.
    2. Subcommittees shall be considered de novo whenever there 
is a change in the Subcommittee chairmanship and seniority on 
the particular Subcommittee shall not necessarily apply.
    3. Except for matters retained at the full Committee, 
matters shall be referred to the appropriate Subcommittee or 
Subcommittees by the Chairman, except as agreed by a majority 
vote of the Committee or by the agreement of the Chairman and 
the Ranking Minority Member.
    4. Provided all Members of the Subcommittee consent, a bill 
or other matter may be polled out of the Subcommittee. In order 
to be polled out of a Subcommittee, a majority of the Members 
of the Subcommittee who vote, must vote in favor of reporting 
the bill or matter to the Committee.

                         VIII. ATTENDANCE RULES

    1. Official attendance at all Committee markups and 
executive sessions of the Committee shall be kept by the 
Committee Clerk. Official attendance at all Subcommittee 
markups and executive sessions shall be kept by the 
Subcommittee Clerk.
    2. Official attendance at all hearings shall be kept, 
provided that Senators are notified by the Committee Chairman 
and Ranking Minority Member, in the case of Committee hearings, 
and by the Subcommittee Chairman and Ranking Minority Member, 
in the case of Subcommittee hearings, 48 hours in advance of 
the hearing that attendance will be taken; otherwise, no 
attendance will be taken. Attendance at all hearings is 
encouraged.

                                  
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