Leahy Tallies Judiciary Panel’s Legislative Output

As 1^st Session Of New Congress Heads Into Home Stretch

 

Chairman Lauds Bipartisan Progress
And Spotlights Anonymous Stalling Of Key Legislation On Senate Floor

 

WASHINGTON (Monday, Dec. 3, 2007) – As the Senate began its final work period of the First Session of the 110^th Congress on Monday, Chairman Patrick Leahy (D-Vt.) praised the bipartisan legislative achievements of the Judiciary Committee, while calling for an end to anonymous, unexplained holds that are delaying or preventing action on many of the panel’s bills that address issues of particular interest and importance to the public.

 

Late last year, Leahy outlined a dynamic agenda for the Judiciary Committee, including protecting American’s privacy and stepping up oversight of federal databanks, reforming the patent system, reducing judicial vacancies, defending the public’s right to know, and reinvigorating the broken oversight process.  In the intervening months, the Judiciary Committee has investigated the mass firing of U.S. Attorneys and the politicization of the Department of Justice -- an inquiry that led to the resignation of former Attorney General Alberto Gonzales and the senior leadership at the Department.  In October, the Committee methodically convened confirmation proceedings for Michael Mukasey to become the next Attorney General, and his nomination was confirmed by the Senate last month.

  

Since January, the Judiciary Committee has reported 40 judicial nominations to the Senate Floor and reduced the number of judicial vacancies at the start of the 110^th Congress from 56 to 46.

 

“The Judiciary Committee has worked diligently this year to pass legislation to preserve the public’s right to know, to create a federal shield law for reporters, and to bring our patent system into the 21^st Century,” said Leahy.  “Unfortunately, many of our efforts have been stalled in the Senate by anonymous holds.  The Judiciary Committee has been one of the busiest and most productive in the Senate.  But there is still time in this session, and we can do more if we can end the anonymous obstruction that is blocking action on several issues of importance to the American people.”
 

Judiciary Committee-passed legislation that has not yet been considered by the Senate includes:

 

• S. 119 – War Profiteering Prevention Act
• S. 378 – Legislation to help protect the Federal judiciary from threats and attacks
• S. 453 – Deceptive Practices and Voter Intimidation Prevention Act
• S. 495 – Leahy-Specter Data Privacy and Security Act
• S. 535 – Emmett Till Unsolved Civil Rights Crime Act
• S. 1145 – Leahy-Hatch Patent Reform Act
• S. 1327 – Legislation to extend temporary judgeships around the country
• S. 1946 – Leahy-Cornyn Public Corruption Prosecution Improvements Act
• S. 2084 – School Safety and Law Enforcement Improvements Act

 

Leahy’s statement from Monday follows.

 

Statement of Senator Patrick Leahy

Chairman, Senate Judiciary Committee

December 3, 2007

 

As the Senate begins its final work period of the year, I want to thank those Members of the Judiciary Committee who have been cooperative and who have worked so hard throughout this year.  Much has been accomplished.  But much can still be done.  We reported and the Senate passed an important privacy measure, The Identity Theft Enforcement and Restitution Act, S.2168, just before the Thanksgiving recess.  I urge the House to adopt it without delay.  In addition, the Senate again passed our copyright bill to protect vessel hull designs, S.1640, which I hope will also be adopted by the House.  

 

Months ago we reported and passed an important court security bill, S.378, and Freedom of Information Act reform legislation, S.849.  I believe that we have resolved differences raised by the House and should be able in the short time remaining to us this year to have the Senate reconsider these measures in slightly modified form, pass them by unanimous consent and have the House endorse them, as well.

 

I would like to see us consider and pass important matters the House has passed and sent to us.  The Free Flow of Information Act, H.R. 2102, is on the Senate calendar.  It would provide protection to First Amendment values by establishing a federal privilege and procedure for considering claims of press protection.  For the first time, this year the Judiciary Committee reported a similar bill, S.2035, and we did so on a bipartisan basis.  We should proceed to enact this legislation into law. 

 

Another important matter sent to us from the House that I would hope we could enact before adjourning this year is one on which we have worked for some time, the Employment Non-Discrimination Act, H.R. 3685.  We also have before us a House-passed version of the Second Chance Act, H.R. 1593.  While it does not include every provision I would have liked to incorporate, we should nonetheless proceed to enact this legislation. 

 

I urge the Republican Senator who has a hold on the bill to extend temporary judgeships around the country, S.1327, to remove this hold so that we can provide the relief needed in our federal judiciary in Kansas, Ohio, Nebraska, California, and Hawaii.  Enacting court security legislation will likewise require the relinquishing of a Republican hold.  Another matter stalled since this summer by a Republican hold has been the Emmett Till Unsolved Civil Rights Crime Act, S.535.  I have made statements to the Senate about these consensus measures before.  I hope that with the year rapidly ending, the Republican Senator holding up these worthwhile matters will reconsider the opposition and allow bills supported by an overwhelming, bipartisan majority of the Senate to pass.

 

A number of other measures reported by the Judiciary Committee have been delayed by Republican holds, too.  If it is not possible to move these measures this month, I urge the Senate to take up and pass these bills when it begins its second session in January.  One such bill is the War Profiteering Prevention Act, S.119, which was reported by the Committee in April.  It would provide a significant new tool for federal law enforcement to combat the scourge of war profiteering, and it is needed now more than ever, given the ongoing reports of rampant fraud, waste and abuse in Iraq.  Another is the School Safety and Law Enforcement Improvements Act, S.2084, which we developed in response to the tragedy at Virginia Tech.

 

When we return next year, we will have the opportunity to consider and enact patent reform legislation, the Leahy-Hatch Patent Reform Act of 2007, S.1145.  I hope that we will also make time to consider our comprehensive bipartisan data privacy bill, the Leahy-Specter Data Privacy and Security Act, S.495, which we reported in May.

 

Next spring I hope we can turn to the Deceptive Practices and Voter Intimidation Prevention Act, S.453, which the Committee reported this fall, and our bipartisan Leahy-Cornyn Public Corruption Prosecution Improvements Act, S.1946, that adds teeth to our ethics reforms.

 

These are just some of the matters on which the Judiciary Committee has been hard at work this year.  We could not have accomplished what we have without the contributions of our Members.  I want, in particular, to commend our newest Members, Senators Cardin and Whitehouse, for their exceptional work.  They have initiated legislative efforts, chaired important hearings and been full partners in the work of the Committee. 

 

I would also like to thank and commend Senator Durbin for chairing our newest subcommittee, the Subcommittee on Human Rights and the Law, and for making it one of the most active and productive subcommittee we have.  Senator Durbin has originated genocide accountability and child soldier accountability legislation, trafficking in persons legislation, and war crimes legislation, all in rapid succession.  He has made the Human Rights Subcommittee into what we hoped it would be, a vehicle to focus our attention on fundamental aspects of what makes us all Americans.  We all owe him a debt of gratitude.

 

Of course, we would not be nearly as far along in our work without the help of our Republican Members, led by Senator Specter.  We have proceeded with significant bipartisan legislation on privacy, press shield, patents, FOIA, public corruption, and crime.  Currently we are working together to improve the FISA legislation about to be considered by the Senate by exploring whether we can adopt an amendment that will increase accountability through the procedural device of substitution, rather than a blanket grant of retroactive immunity for the warrantless wiretapping of Americans that took place from 2001 through 2007.  Senator Specter and I joined to seek to restore the great writ of habeas corpus but, despite support by a majority of the Senate, we were stymied by a Republican filibuster.  Likewise, we have joined to achieve majority support for voting rights for the District of Columbia only to be blocked this year by another Republican filibuster.

 

I hope that as we enter these last few weeks of the year, we are allowed to make progress on the matters I have outlined here today and that the obstruction that has stalled our further progress will not be continued.  Let us move forward together in the best interest of the American people.  Any Senator can prevent action on an item in these waning days of the session.  There is no secret or magic about that.  The question for Senators this month is whether they are willing to put aside minor differences and partisan agendas to join with us in making progress and moving forward.