Report on the Activities Committee on the Judiciary

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Report on the Activities Committee on the Judiciary 1 112TH CONGRESS " ! REPORT 1st Session SENATE 112–5 REPORT ON THE ACTIVITIES OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE DURING THE ONE HUNDRED ELEVENTH CONGRESS PURSUANT TO RULE XXVI OF THE STANDING RULES OF THE UNITED STATES SENATE MARCH 28, 2011.—Ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 64–162 WASHINGTON : 2011 SENATE COMMITTEE ON THE JUDICIARY 1 ONE HUNDRED ELEVENTH CONGRESS PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa ARLEN SPECTER, Pennsylvania 2 JON KYL, Arizona CHARLES E. SCHUMER, New York LINDSEY O. GRAHAM, South Carolina RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas BENJAMIN L. CARDIN, Maryland TOM COBURN, Oklahoma SHELDON WHITEHOUSE, Rhode Island AMY KLOBUCHAR, Minnesota AL FRANKEN, Minnesota 3 CHRIS COONS, Delaware 4 BRUCE A. COHEN, Chief Counsel and Staff Director WILLIAM D. SMITH, JR., Republican Chief Counsel for Senator Sessions 5 MATTHEW S. MINER, Republican Staff Director for Senator Sessions 6 1 January 21, 2009—The Senate agreed to S. Res. 18 and to S. Res. 19, making majority and minority party appointments to the Senate Com- mittee on the Judiciary for the 111th Congress (CR S726–S730). 2 May 5, 2009—The Senate agreed to S. Res. 130, appointing Senator Specter to the majority, and S. Res. 131, making minority party appointments to the Senate Committee on the Judiciary for the 111th Congress (CR S5164–S5168). Senator Specter served as the ranking minority member from January 21, 2009 until his appointment to the majority. 3 July 7, 2009—The Senate agreed to S. Res. 208, appointing Senator Franken to the majority party of the Senate Committee on the Judiciary for the 111th Congress (CR S7198–S7199). Senator Wyden served as a ma- jority member from January 21, 2009 until his departure from the Com- mittee on July 6, 2009. 4 November 15, 2010—The Senate agreed to S. Res. 674, appointing Senator Coons to the majority party of the Senate Committee on the Judiciary for the 111th Congress (CR S7909–S7910). Senator Kaufman served as a majority member from January 21, 2009 until his term as member in the United States Senate expired on November 14, 2009. 5 Nicholas A. Rossi served as Republican Chief Counsel until May 5, 2009 when the Senate agreed to S. Res. 130 appointing Senator Specter to the majority. See footnote 2 above. 6 Stephanie A. Middleton served as Republican Staff Director until May 5, 2009 when the Senate agreed to S. Res. 130 appointing Senator Specter to the majority. See footnote 2 above. Brian A. Benczkowski served as Republican Staff Director for Senator Sessions from May 13, 2009 until September 19, 2010. (II) SUBCOMMITTEES 1 ADMINISTRATIVE OVERSIGHT AND THE COURTS 2 SHELDON WHITEHOUSE, Rhode Island, Chairman DIANNE FEINSTEIN, California JEFF SESSIONS, Alabama RUSSELL D. FEINGOLD, Wisconsin (Ranking Member) CHARLES E. SCHUMER, New York CHARLES E. GRASSLEY, Iowa BENJAMIN L. CARDIN, Maryland JON KYL, Arizona AL FRANKEN, Minnesota 3 LINDSEY O. GRAHAM, South Carolina ANTITRUST, COMPETITION POLICY AND CONSUMER RIGHTS 2,4,5 HERB KOHL, Wisconsin, Chairman CHARLES E. SCHUMER, New York ORRIN G. HATCH, Utah SHELDON WHITEHOUSE, Rhode Island (Ranking Member) AMY KLOBUCHAR, Minnesota CHARLES E. GRASSLEY, Iowa ARLEN SPECTER, Pennsylvania JOHN CORNYN, Texas AL FRANKEN, Minnesota 3 THE CONSTITUTION 2,5 RUSSELL D. FEINGOLD, Wisconsin, Chairman DIANNE FEINSTEIN, California TOM COBURN, Oklahoma RICHARD J. DURBIN, Illinois (Ranking Member) BENJAMIN L. CARDIN, Maryland JON KYL, Arizona SHELDON WHITEHOUSE, Rhode Island JOHN CORNYN, Texas ARLEN SPECTER, Pennsylvania LINDSEY GRAHAM, South Carolina CRIME AND DRUGS ARLEN SPECTER, Pennsylvania, Chairman 2,5,6 HERB KOHL, Wisconsin LINDSEY O. GRAHAM, South Carolina DIANNE FEINSTEIN, California (Ranking Member) RUSSELL D. FEINGOLD, Wisconsin ORRIN G. HATCH, Utah CHARLES E. SCHUMER, New York CHUCK GRASSLEY, Iowa RICHARD J. DURBIN, Illinois JEFF SESSIONS, Oklahoma BENJAMIN L. CARDIN, Maryland TOM COBURN, Oklahoma AMY KLOBUCHAR, Minnesota HUMAN RIGHTS AND THE LAW 2,7 RICHARD J. DURBIN, Illinois, Chairman RUSSELL D. FEINGOLD, Wisconsin TOM COBURN, Oklahoma BENJAMIN L. CARDIN, Maryland (Ranking Member) ARLEN SPECTER, Pennsylvania JOHN CORNYN, Texas AL FRANKEN, Minnesota 3 LINDSEY O. GRAHAM, South Carolina (III) IMMIGRATION, REFUGEES AND BORDER SECURITY 4 CHARLES E. SCHUMER, New York, Chairman PATRICK J. LEAHY, Vermont JOHN CORNYN, Texas DIANNE FEINSTEIN, California (Ranking Member) RICHARD J. DURBIN, Illinois CHARLES E. GRASSLEY, Iowa SHELDON WHITEHOUSE, Rhode Island JON KYL, Arizona JEFF SESSIONS, Alabama TERRORISM, TECHNOLOGY AND HOMELAND SECURITY 2,4 BENJAMIN L. CARDIN, Maryland, Chairman HERB KOHL, Wisconsin JON KYL, Arizona DIANNE FEINSTEIN, California (Ranking Member) CHARLES E. SCHUMER, New York ORRIN G. HATCH, Utah RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama JOHN CORNYN, Texas TOM COBURN, Oklahoma 1 The Judiciary Committee announced subcommittee assignments on Feb- ruary 12, 2009. 2 Senator Kaufman served as a majority member of the subcommittee until his term as member of the United States Senate expired on November 14, 2010. 3 During the business meeting of September 10, 2009, the Committee ap- proved appointment of Senator Franken as a member of the sub- committee. 4 Senator Wyden served as a majority member of the subcommittee from January 21, 2009 until his departure from the Committee on July 6, 2009. 5 Senator Specter served as a minority member of the subcommittee from January 21, 2009 until May 5, 2009. 6 On May 21, 2009, the Judiciary Committee appointed Senator Specter to replace Senator Durbin as chairman of the Crime and Drugs Sub- committee. 7 On May 21, 2009, the Judiciary Committee reconstituted the Human Rights and the Law Subcommittee and appointed Senator Durbin as chairman. (IV) LETTER OF TRANSMITTAL U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC, March 28, 2011 Hon. NANCY ERICKSON, Secretary, U.S. Senate, Washington, DC DEAR MS. SECRETARY: In accordance with rule XXVI of the Standing Rules of the United States Senate, I am transmitting herewith a report on the activities of the Committee on the Judici- ary of the United States for the 111th Congress. Sincerely, PATRICK LEAHY, Chairman Enclosure (V) C O N T E N T S Page Committee Membership .......................................................................................... II Subcommittees ......................................................................................................... III Letter of Transmittal ............................................................................................... V Contents ................................................................................................................... VII Jurisdiction of the Senate Committee on the Judiciary ....................................... 1 Rules of the Senate Committee on the Judiciary .................................................. 2 Tabulation of Bills, Resolutions and Nominations referred to the Senate Com- mittee on the Judiciary ........................................................................................ 4 Publications issued by the Committee: Hearings ............................................................................................................ 5 Senate Reports .................................................................................................. 11 Summary of Activities of the Senate Committee on the Judiciary during the 110th Congress: I. Overview ............................................................................................................ 12 II. Public Laws ....................................................................................................... 12 III. Private Laws ..................................................................................................... 13 IV. Bills and Resolutions Reported by the Committee ........................................ 13 V. Business Meetings of the Committee .............................................................. 15 VI. Hearings of the Committee .............................................................................. 29 VII. Nominations and Confirmations: .................................................................... U.S. Supreme Court Justices ................................................................... 37 U.S. Court of Appeals Judges ................................................................... 38 U.S. District Court Judges ....................................................................... 41 U.S. Department of Justice ...................................................................... 49 U.S. Attorneys ........................................................................................... 52 U.S. Marshals Service ............................................................................... 60 Foreign Claims Settlement Commission ................................................. 67 U.S. Parole Commission ........................................................................... 67 U.S. Department of Homeland Security .................................................. 67 U.S. Patent and Trademark Office .......................................................... 68 Executive Office of the President ............................................................. 68 Privacy and Civil Liberties Oversight Board .........................................
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