[House Report 112-747]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-747
______________________________________________________________________
Union Calendar No. 549
FINAL ACTIVITY REPORT
of the
COMMITTEE ON THE JUDICIARY
of the
UNITED STATES HOUSE OF REPRESENTATIVES
during the
ONE HUNDRED TWELFTH CONGRESS
for the period
JANUARY 5, 2011 THROUGH JANUARY 2, 2013
January 2, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on the Judiciary,
Washington, DC, January 2, 2013.
Hon. Karen Haas,
Clerk, House of Representatives,
Washington, DC.
Dear Ms. Haas: Pursuant to clause 1(d) of rule XI of the
Rules of the House of Representatives, I am transmitting the
report on the activities of the Committee on the Judiciary of
the U.S. House of Representatives in the 112th Congress.
Sincerely,
Lamar Smith,
Chairman.
C O N T E N T S
----------
Page
COMMITTEE MEMBERSHIP............................................. VI
JURISDICTION OF THE COMMITTEE.................................... 1
COMMITTEE LEGISLATIVE ACTIVITY................................... 2
Tabulation of Legislative Activity............................... 2
Printed Hearings................................................. 4
Activities Conducted Pursuant to Clauses 2(n), (o), or (p) of
House Rule XI................................................ 9
Activities Conducted Pursuant to H. Res. 72...................... 10
COMMITTEE OVERSIGHT PLAN......................................... 11
ACTIVITIES CONDUCTED PURSUANT TO COMMITTEE OVERSIGHT PLAN........ 19
FULL COMMITTEE................................................... 23
Committee Jurisdiction........................................... 23
Full Committee Legislative Activities............................ 23
Full Committee Oversight Activities.............................. 60
SUBCOMMITTEE ON THE CONSTITUTION................................. 65
Jurisdiction of the Subcommittee................................. 65
Legislative Activities........................................... 65
Oversight Activities............................................. 69
Activities Conducted Pursuant to H. Res. 9....................... 73
SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW........ 75
Jurisdiction of the Subcommittee................................. 75
Legislative Activities........................................... 75
Oversight Activities............................................. 80
SUBCOMMITTEE ON CRIME, TERRORISM AND HOMELAND SECURITY........... 85
Jurisdiction of the Subcommittee................................. 85
Legislative Activities........................................... 85
Oversight Activities............................................. 90
SUBCOMMITTEE ON IMMIGRATION POLICY AND ENFORCEMENT............... 97
Jurisdiction of the Subcommittee................................. 97
Legislative Activities........................................... 97
Oversight Activities............................................. 102
SUBCOMMITTEE ON INTELLECTUAL PROPERTY, COMPETITION, AND THE
INTERNET....................................................... 107
Jurisdiction of the Subcommittee................................. 107
Legislative Activities........................................... 107
Oversight Activities............................................. 109
COMMITTEE MEMBERSHIP
ONE HUNDRED TWELFTH CONGRESS
COMMITTEE ON THE JUDICIARY\1\
LAMAR SMITH, Texas, Chairman\2\
JOHN CONYERS, Jr., Michigan\3\ F. JAMES SENSENBRENNER, Jr.,
HOWARD L. BERMAN, California Wisconsin
JERROLD NADLER, New York HOWARD COBLE, North Carolina
MELVIN L. WATT, North Carolina ELTON GALLEGLY, California
ROBERT C. ``BOBBY'' SCOTT, Virginia BOB GOODLATTE, Virginia
ZOE LOFGREN, California DANIEL E. LUNGREN, California
SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio
MAXINE WATERS, California DARRELL E. ISSA, California
STEVE COHEN, Tennessee MIKE PENCE, Indiana
HENRY C. ``HANK'' JOHNSON, Jr., Georgia RANDY FORBES, Virginia
PEDRO R. PIERLUISI, Puerto Rico STEVE KING, Iowa
MIKE QUIGLEY, Illinois TRENT FRANKS, Arizona
JUDY CHU, California LOUIE GOHMERT, Texas
TED DEUTCH, Florida JIM JORDAN, Ohio
LINDA T. SANCHEZ, California TED POE, Texas
JARED POLIS, Colorado\4\ JASON CHAFFETZ, Utah
TIM GRIFFIN, Arkansas
THOMAS MARINO, Pennsylvania
TREY GOWDY, South Carolina
DENNIS ROSS, Florida
SANDY ADAMS, Florida
BEN QUAYLE, Arizona
MARK AMODEI, Nevada\5\
----------
\1\Membership of Committee current through date of this Report. Except
as otherwise provided in the notes, infra, Republican members were
elected to the Committee pursuant to H. Res. 37, approved Jan. 18,
2011; Democratic Members were elected to the Committee pursuant to H.
Res. 39, approved Jan. 19, 2011.
\2\Elected to the Committee as chairman pursuant to H. Res. 6, approved
Jan. 5, 2011.
\3\Elected to the Committee as ranking minority member pursuant to H.
Res. 7, approved Jan. 6, 2011.
\4\Debbie Wasserman-Schulz of Florida resigned from the Committee as of
Sep. 15, 2011. The vacancy was filled by Jared Polis of Colorado
pursuant to H. Res. 486, approved Dec. 7, 2011.
\5\Tom Reed of New York resigned from the Committee as of Apr. 5, 2011.
The vacancy was filled by Mark Amodei of Nevada pursuant to H. Res.
420, approved Oct. 4, 2011.
Union Calendar No. 549
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-747
======================================================================
FINAL ACTIVITY REPORT OF THE COMMITTEE ON THE JUDICIARY DURING THE
112TH CONGRESS
_______
January 2, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
JURISDICTION OF THE COMMITTEE
The jurisdiction of the Committee on the Judiciary is set
forth in clause 1(l) of Rule X of the Rules of the House of
Representatives for the 112th Congress, which reads:
RULE X--ORGANIZATION OF COMMITTEES
COMMITTEES AND THEIR LEGISLATIVE JURISDICTIONS
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
* * * * * * *
(l) Committee on the Judiciary.
(1) The judiciary and judicial proceedings, civil and
criminal.
(2) Administrative practice and procedure.
(3) Apportionment of Representatives.
(4) Bankruptcy, mutiny, espionage, and
counterfeiting.
(5) Civil liberties.
(6) Constitutional amendments.
(7) Criminal law enforcement.
(8) Federal courts and judges, and local courts in
the Territories and possessions.
(9) Immigration policy and non-border enforcement.
(10) Interstate compacts generally.
(11) Claims against the United States.
(12) Meetings of Congress; attendance of Members,
Delegates, and the Resident Commissioner; and their
acceptance of incompatible offices.
(13) National penitentiaries.
(14) Patents, the Patent and Trademark Office,
copyrights, and trademarks.
(15) Presidential succession.
(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.
(19) Subversive activities affecting the internal
security of the United States.
COMMITTEE LEGISLATIVE ACTIVITY\6\
---------------------------------------------------------------------------
\6\Through January 2, 2013.
---------------------------------------------------------------------------
Tabulation of Legislative Activity
BILLS AND RESOLUTIONS REFERRED TO COMMITTEE
Public Legislation:
House bills............................................... 773
House joint resolutions................................... 79
House concurrent resolutions.............................. 15
House resolutions......................................... 55
Senate bills.............................................. 16
Senate joint resolutions.................................. 0
Senate concurrent resolutions............................. 1
______
Subtotal.............................................. 938
Private Legislation:
House bills (claims)...................................... 0
House bills (copyrights).................................. 0
House bills (immigration)................................. 43
House resolutions (claims)................................ 2
Senate bills (claims)..................................... 1
Senate bills (immigration)................................ 0
______
Subtotal.............................................. 46
=================================================================
________________________________________________
Total............................................. 938
HEARINGS
Full Committee................................................ 19
Subcommittee on the Constitution.............................. 24
Subcommittee on Courts, Commercial and Administrative Law..... 26
Subcommittee on Crime, Terrorism, and Homeland Security....... 31
Subcommittee on Immigration Policy and Enforcement............ 27
Subcommittee on Intellectual Property, Competition, and the
Internet.................................................. 32
=================================================================
________________________________________________
Total............................................. 159
BILLS AND RESOLUTIONS MARKED UP
Full Committee................................................ 82
Subcommittee on the Constitution.............................. 0
Subcommittee on Courts, Commercial and Administrative Law..... 0
Subcommittee on Crime, Terrorism, and Homeland Security....... 0
Subcommittee on Immigration Policy and Enforcement............ 7
Subcommittee on Intellectual Property, Competition, and the
Internet.................................................. 0
=================================================================
________________________________________________
Total............................................. 89
BILLS AND RESOLUTIONS REPORTED TO HOUSE
House bills................................................... 82
House joint resolutions....................................... 2
House concurrent resolutions.................................. 1
House resolutions............................................. 1
Senate bills and resolutions.................................. 1
=================================================================
________________________________________________
Total............................................. 87
BILLS AND RESOLUTIONS (REFERRED) PASSING THE HOUSE
House bills
86
House joint resolutions
1
House concurrent resolutions
1
House resolutions
3
Senate bills and resolutions
12
=================================================================
________________________________________________
Total............................................. 103
PUBLIC LAWS
Pub. L. No. 112-3. FISA Sunsets Extension Act of 2011. [H.R. 514]
(Signed Feb. 25, 2011)
Pub. L. No. 112-14. PATRIOT Sunsets Extension Act of 2011. [S. 990]
(Signed May 26, 2011)
Pub. L. No 112-24. To extend the term of the incumbent Director of
the Federal Bureau of Investigation. [S. 1103] (Signed July 26, 2011)
Pub. L. No. 112-29. Leahy-Smith America Invents Act. [H.R. 1249]
(Signed Sep. 16, 2011)
Pub. L. No. 112-44. United States Parole Commission Extension Act
of 2011. [H.R. 2944] (Signed Oct. 21, 2011)
Pub. L. No. 112-51. Removal Clarification Act of 2011. [H.R. 368]
(Signed Nov. 9, 2011)
Pub. L. No. 112-58. To amend the Immigration and Nationality Act to
toll, during active-duty service abroad in the Armed Forces, the
periods of time to file a petition for an interview to remove the
conditional basis for permanent resident status, and for other
purposes. [H.R. 398] (Signed Nov. 23, 2011)
Pub. L. No. 112-62. Appeal Time Clarification Act of 2011. [S.
1637] (Signed Nov. 29, 2011)
Pub. L. No. 112-63. Federal Courts Jurisdiction and Venue
Clarification Act of 2011 [H.R. 394] (Signed Dec. 2, 2011)
Pub. L. No. 112-64. National Guard and Reservist Debt Relief
Extension Act of 2011 [H.R. 2192] (Signed Dec. 13, 2011)
Pub. L. No. 112-66. A bill to amend title 36, United States Code,
to authorize the American Legion under its Federal charter to provide
guidance and leadership to the individual departments and posts of the
American Legion, and for other purposes [S. 1639] (Signed Dec. 13,
2011)
Pub. L. No. 112-71. A joint resolution to grant the consent of
Congress to an amendment to the compact between the States of Missouri
and Illinois providing that bonds issued by the Bi-State Development
Agency may mature in not to exceed 40 years. [S.J.Res. 22] (Signed Dec.
19, 2011)
Pub. L. No. 112-84. To protect the safety of judges by extending
the authority of the Judicial Conference to redact sensitive
information contained in their financial disclosure reports, and for
other purposes [H.R. 1059] (Signed Jan. 3, 2012)
Pub. L. No. 112-95. FAA Modernization and Reform Act of 2012 [H.R.
658] (Signed Feb. 15, 2012)
Pub. L. No. 112-98. Federal Restricted Buildings and Grounds
Improvement Act of 2011 [H.R. 347] (Signed Mar. 8, 2012)
Pub. L. No. 112-121. Temporary Bankruptcy Judgeships Extension Act
of 2012 [H.R. 4967] (Signed May 25, 2012)
Pub. L. No. 112-127. Border Tunnel Prevention Act of 2012 [H.R.
4119] (Signed June 1, 2012)
Pub. L. No. 112-130. To allow otherwise eligible Israeli nationals
to receive E-2 nonimmigrant visas if similarly situated United States
nationals are eligible for similar nonimmigrant status in Israel [H.R.
3992] (Signed June 8, 2012)
Pub. L. No. 112-146. Former Charleston Naval Base Land Exchange Act
of 2012 [S. 2061] (Signed July 18, 2012)
Pub. Law 112-168 Haqqani Network Terrorist Designation Act of 2012
[S. 1959] (Signed August 10, 2012)
Pub. L. No. 112-176. To extend by 3 years the authorization of the
EB-5 Regional Center Program, the E-Verify Program, the Special
Immigrant Nonminister Religious Worker Program, and the Conrad State 30
J-1 Visa Waiver Program [S. 3245] (Signed October 1, 2012)
Pub. L. No. 112-186. Strengthening and Focusing Enforcement to
Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE
DOSES Act [H.R. 4223] (Signed October 5, 2012)
Pub. L. No. 112-188. Divisional Realignment Act of 2012 [H.R. 5512]
(Signed October 5, 2012)
Pub. L. No. 112-189. Reporting Efficiency Improvement Act [H.R.
6189] (Signed October 5, 2012)
Pub. L. No. 112-190. To amend the Trademark Act of 1946 to correct
an error in the provisions relating to remedies for dilution [H.R.
6215] (Signed October 5, 2012)
Pub. L. No. 112-206. Child Protection Act of 2012 [H.R. 6063]
(Signed December 7, 2012)
Pub. L. No. 112-211. Patent Law Treaties Implementation Act of 2012
[S. 3486] (Signed December 19, 2012)
Printed Hearings
----------------------------------------------------------------------------------------------------------------
Serial
Date Hearing Title Forum Number
----------------------------------------------------------------------------------------------------------------
Jan. 20, 2011........................... Medical Liability Reform-- Full Committee............ 112-1
Cutting Costs, Spurring
Investment, Creating Jobs.
Jan. 20, 2011........................... ICE Worksite Enforcement--Up to Subcommittee on 112-2
the Job?. Immigration Policy and
Enforcement.
Jan. 25, 2011........................... Data Retention as a Tool for Subcommittee on Crime, 112-3
Investigating Internet Child Terrorism and Homeland
Pornography and Other Internet Security.
Crimes.
Feb. 10, 2011........................... E-Verify--Preserving Jobs for Subcommittee on 112-4
American Workers. Immigration Policy and
Enforcement.
Feb. 16, 2011........................... Constitutionality of the Patient Full Committee............ 112-5
Individual Mandate.
Jan. 25, 2011........................... How An Improved U.S. Patent and Subcommittee on 112-6
Trademark Office Can Create Intellectual Property,
Jobs. Competition, and the
Internet.
Jan. 24, 2011........................... REINS Act--Promoting Jobs and Subcommittee on Courts, 112-7
Expanding Freedom by Reducing Commercial and
Needless Regulations. Administrative Law.
Feb. 11, 2011........................... Crossing the Finish Line on Subcommittee on 112-8
Patent Reform--What Can and Intellectual Property,
Should Be Done. Competition, and the
Internet.
Feb. 8, 2011............................ H.R. 3, the ``No Taxpayer Subcommittee on the 112-9
Funding for Abortion Act''. Constitution.
Mar. 1, 2011............................ Making Immigration Work for Subcommittee on 112-10
American Minorities. Immigration Policy and
Enforcement.
Mar. 10, 2011........................... New Jobs in Recession and Subcommittee on 112-11
Recovery: Who Are Getting Them Immigration Policy and
and Who Are Not. Enforcement.
Feb. 15, 2011........................... Reauthorization of the Adam Subcommittee on Crime, 112-12
Walsh Act. Terrorism and Homeland
Security.
Feb. 15, 2011........................... Ensuring Competition on the Subcommittee on 112-13
Internet: Net Neutrality and Intellectual Property,
Antitrust. Competition, and the
Internet.
Mar. 9, 2011............................ Reauthorization of the PATRIOT Subcommittee on Crime, 112-14
Act. Terrorism and Homeland
Security.
Mar. 30, 2011........................... Permanent Provisions of the Subcommittee on Crime, 112-15
PATRIOT Act. Terrorism and Homeland
Security.
Feb. 10, 2011........................... H.R. 527, the ``Regulatory Subcommittee on Courts, 112-16
Flexibility Improvements Act of Commercial and
2011''--Unleashing Small Administrative Law.
Businesses to Create Jobs.
Feb. 28, 2011........................... APA at 65--Is Reform Needed to Subcommittee on Courts, 112-17
Create Jobs, Promote Economic Commercial and
Growth and Reduce Costs?. Administrative Law.
Mar. 11, 2011........................... H.R. 966, the ``Lawsuit Abuse Subcommittee on the 112-18
Reduction Act''. Constitution.
Mar. 9, 2011............................ Driving American Innovation: Subcommittee on 112-19
Creating Jobs and Boosting Our Intellectual Property,
Economy. Competition, and the
Internet.
Mar. 10, 2011........................... Review of Recent Judicial Subcommittee on 112-20
Decisions on Patent Law. Intellectual Property,
Competition, and the
Internet.
Apr. 12, 2011........................... H.R. 1433, the ``Private Subcommittee on the 112-21
Property Rights Protection Act Constitution.
of 2011''.
Mar. 15, 2011........................... H.R. 1002, the ``Wireless Tax Subcommittee on Courts, 112-22
Fairness Act of 2011''. Commercial and
Administrative Law.
Mar. 31, 2011........................... H-1B Visas: Designing a Program Subcommittee on 112-23
to Meet the Needs of the U.S. Immigration Policy and
Economy and U.S. Workers. Enforcement.
Apr. 1, 2011............................ Competition and Consolidation in Subcommittee on 112-24
Financial Markets. Intellectual Property,
Competition, and the
Internet.
Feb. 14, 2011........................... Role of Public Employee Pensions Subcommittee on Courts, 112-25
in Contributing to State Commercial and
Insolvency and the Possibility Administrative Law.
of a State Bankruptcy Chapter.
Mar. 8, 2011............................ H.R. 10, the ``Regulations From Subcommittee on Courts, 112-26
the Executive in Need of Commercial and
Scrutiny Act of 2011''. Administrative Law.
Apr. 5, 2011............................ H.R. 704, the ``Security and Subcommittee on 112-27
Fairness Enhancement for Immigration Policy and
America Act of 2011'' or ``SAFE Enforcement.
for America Act''.
Apr. 13, 2011........................... H-2A Visa Program: Meeting the Subcommittee on 112-28
Growing Needs of American Immigration Policy and
Agriculture?. Enforcement.
Apr. 5, 2011............................ Justice for America: Using Subcommittee on Crime, 112-29
Military Commissions to Try the Terrorism and Homeland
9 2011 Conspirators. Security.
May 13, 2011............................ Whether the Constitution Should Subcommittee on the 112-30
Be Amended to Address the Constitution.
Federal Deficit?.
May 24, 2011............................ Can We Sue Our Way to Subcommittee on the 112-31
Prosperity?: Litigation's Constitution.
Effect on America's Global
Competitiveness.
May 11, 2011............................ USA PATRIOT Act: Dispelling the Subcommittee on Crime, 112-32
Myths. Terrorism and Homeland
Security.
Mar. 1, 2011............................ Office of the U.S. Intellectual Subcommittee on 112-33
Property Enforcement Intellectual Property,
Coordinator. Competition, and the
Internet.
Mar. 29, 2011........................... Raising the Agencies' Grades-- Subcommittee on Courts, 112-34
Protecting the Economy, Commercial and
Assuring Regulatory Quality and Administrative Law.
Improving Assessments of
Regulatory Need.
Mar. 30, 2011........................... H.R. 1249, the ``America Invents Subcommittee on 112-35
Act''. Intellectual Property,
Competition, and the
Internet.
Apr. 15, 2011........................... Defending Marriage (initially Subcommittee on the 112-36
submitted 7/7/11). Constitution.
May 4, 2011............................. ICANN Generic Top-Level Domains Subcommittee on 112-37
(gTLD). Intellectual Property,
Competition, and the
Internet.
May 25, 2011............................ Cybersecurity: Innovative Subcommittee on 112-38
Solutions to Challenging Intellectual Property,
Problems. Competition, and the
Internet.
May 11, 2011............................ H.R. 1741, the ``Secure Visas Subcommittee on 112-39
Act''. Immigration Policy and
Enforcement.
May 5, 2011............................. Ensuring Competition on the Subcommittee on 112-40
Internet: Net Neutrality and Intellectual Property,
Antitrust (Part II), FCC Panel. Competition, and the
Internet.
Apr. 13, 2011........................... H.R. 1439, the ``Business Subcommittee on Courts, 112-41
Activity Tax Simplification Act Commercial and
of 2011'' Errata for: H.R. Administrative Law.
1439, the ``Business Activity
Tax Simplification Act of
2011''.
June 13, 2011........................... Competition and Consolidation in Subcommittee on 112-42
Financial Markets: The NYSE- Intellectual Property,
Deutsche Boerse Merger. Competition, and the
Internet.
May 24, 2011............................ H.R. 1932, the ``Keep Our Subcommittee on 112-43
Communities Safe Act of 2011''. Immigration Policy and
Enforcement.
June 15, 2011........................... H.R. 2164, the ``Legal Workforce Subcommittee on 112-44
Act''. Immigration Policy and
Enforcement.
May 26, 2011............................ How Will the Proposed Merger Subcommittee on 112-45
Between AT&T and T-Mobile Intellectual Property,
Affect Wireless Competition, and the
Telecommunications Competition?. Internet.
July 15, 2011........................... H.R. 2511, the ``Innovative Subcommittee on 112-46
Design Protection and Piracy Intellectual Property,
Prevention Act''. Competition, and the
Internet.
June 14, 2011........................... Foreign Corrupt Practices Act... Subcommittee on Crime, 112-47
Terrorism and Homeland
Security.
May 4, 2011............................. Cost-Justifying Regulations: Subcommittee on Courts, 112-48
Protecting Jobs and the Economy Commercial and
by Presidential and Judicial Administrative Law.
Review of Costs and Benefits.
May 31, 2011............................ Formal Rulemaking and Judicial Subcommittee on Courts, 112-49
Review: Protecting Jobs and the Commercial and
Economy with Greater Regulatory Administrative Law.
Transparency and Accountability.
July 26, 2011........................... H.R. 2497, the ``Hinder the Subcommittee on 112-50
Administration's Legalization Immigration Policy and
Temptation (HALT) Act''. Enforcement.
Sept. 9, 2011........................... How Fraud and Abuse in the Subcommittee on the 112-51
Asbestos Compensation System Constitution.
Affect Victims, Jobs, the
Economy, and the Legal System.
Sept. 8, 2011........................... H.R. 2847, the ``American Subcommittee on 112-52
Specialty Agriculture Act''. Immigration Policy and
Enforcement.
Sept. 13, 2011.......................... H.R. 822, the ``National Right- Subcommittee on Crime, 112-53
to-Carry Reciprocity Act of Terrorism and Homeland
2011''. Security.
Sept. 14, 2011.......................... Investor Visa Program: Key to Subcommittee on 112-54
Creating American Jobs. Immigration Policy and
Enforcement.
June 24, 2011........................... H.R. 963, the ``See Something, Subcommittee on the 112-55
Say Something Act of 2011''. Constitution.
May 25, 2011............................ H.R. 1864, the ``Mobile Subcommittee on Courts, 112-56
Workforce State Income Tax Commercial and
Simplification Act of 2011''. Administrative Law.
Oct. 11, 2011........................... H.R. 1996, the ``Government Subcommittee on Courts, 112-57
Litigation Savings Act''. Commercial and
Administrative Law.
Sept. 20, 2011.......................... The Proposed Merger Between Subcommittee on 112-58
Express Scripts and Medco. Intellectual Property,
Competition, and the
Internet.
Feb. 17, 2011........................... Going Dark: Lawful Electronic Subcommittee on Crime, 112-59
Surveillance in the Face of New Terrorism and Homeland
Technologies. Security.
July 12, 2011........................... H.R. 1981, the ``Protecting Subcommittee on Crime, 112-60
Children from Internet Terrorism and Homeland
Pornographers Act of 2011''. Security.
June 1, 2011............................ U.S. Department of Justice Civil Subcommittee on the 112-61
Rights Division. Constitution.
Oct. 4, 2011............................ A Balanced Budget Amendment to Full Committee............ 112-62
the Constitution.
Oct. 26, 2011........................... State of Religious Liberty in Subcommittee on the 112-63
the United States. Constitution.
Oct. 5, 2011............................ ``STEM'' the Tide: Should Subcommittee on 112-64
America Try to Prevent an Immigration Policy and
Exodus of Foreign Graduates of Enforcement.
U.S. Universities with Advanced
Science Degrees?.
Nov. 2, 2011............................ H.R. 2121, the ``China Democracy Subcommittee on 112-65
Promotion Act of 2011''. Immigration Policy and
Enforcement.
Oct. 12, 2011........................... U.S. Immigration and Customs Subcommittee on 112-66
Enforcement: Priorities and the Immigration Policy and
Rule of Law. Enforcement.
July 11, 2011........................... Role of Social Security Subcommittee on Courts, 112-67
Administrative Law Judges. Commercial and
Administrative Law; and
the Subcommittee on
Social Security, of the
Committee on Ways and
Means.
July 27, 2011........................... Chapter 7 Bankruptcy Trustee Subcommittee on Courts, 112-68
Responsibilities and Commercial and
Remuneration. Administrative Law.
Nov. 30, 2011........................... Is Secure Communities Keeping Subcommittee on 112-69
Our Communities Secure?. Immigration Policy and
Enforcement.
July 26, 2011........................... H.R. 2572, the ``Clean Up Subcommittee on Crime, 112-70
Government Act of 2011''. Terrorism and Homeland
Security.
Oct. 5, 2011............................ Implementation of Certain Subcommittee on Crime, 112-71
International Nuclear and Terrorism and Homeland
Maritime Terrorism Agreements. Security.
Dec. 13, 2011........................... Costs and Burdens of Civil Subcommittee on the 112-72
Discovery. Constitution.
Dec. 14, 2011........................... Judicial Reliance on Foreign Law Subcommittee on the 112-73
Constitution.
Dec. 6, 2011............................ H.R. 3541, the ``Susan B. Subcommittee on the 112-74
Anthony and Frederick Douglass Constitution.
Prenatal Nondiscrimination Act
of 2011''.
Oct. 25, 2011........................... H.R. 3010, the ``Regulatory Full Committee............ 112-75
Accountability Act of 2011''.
Nov. 4, 2011............................ 21st Century Law Enforcement: Subcommittee on Crime, 112-76
How Smart Policing Targets Terrorism and Homeland
Criminal Behavior. Security.
June 1, 2011............................ Promoting Investment and Subcommittee on 112-77
Protecting Commerce Online: The Intellectual Property,
ART Act, the NET Act and Competition, and the
Illegal Streaming. Internet.
Feb. 1, 2012............................ Prior User Rights: Strengthening Subcommittee on 112-78
U.S. Manufacturing and Intellectual Property,
Innovation. Competition, and the
Internet.
Feb. 17, 2012........................... Litigation as a Predatory Subcommittee on 112-79
Practice. Intellectual Property,
Competition, and the
Internet.
Nov. 15, 2011........................... Cyber Security: Protecting Subcommittee on Crime, 112-80
America's New Frontier. Terrorism and Homeland
Security.
Dec. 13, 2011........................... H.R. 1823, the ``Criminal Code Subcommittee on Crime, 112-81
Modernization and Terrorism and Homeland
Simplification Act of 2011''. Security.
Feb. 2, 2012............................ Contingent Fees and Conflicts of Subcommittee on the 112-82
Interest in State AG Constitution.
Enforcement of Federal Law.
Feb. 3, 2012............................ H.R. 3041, the ``Federal Consent Subcommittee on Courts, 112-83
Decree Fairness Act,'' and H.R. Commercial and
3862, the ``Sunshine for Administrative Law.
Regulatory Decrees and
Settlements Act of 2012''.
Feb. 15, 2012........................... Executive Overreach: The Full Committee............ 112-84
President's Unprecedented
``Recess'' Appointments.
Mar. 16, 2011........................... Federal Bureau of Investigation. Full Committee............ 112-85
Feb. 8, 2012............................ Combating Transnational Subcommittee on Crime, 112-86
Organized Crime: International Terrorism and Homeland
Money Laundering as a Threat to Security.
Our Financial Systems.
Mar. 8, 2012............................ H.R. 2299, the ``Child Subcommittee on the 112-87
Interstate Abortion Constitution.
Notification Act''.
Sept. 8, 2011........................... H.R. 2533, the ``Chapter 11 Subcommittee on Courts, 112-88
Bankruptcy Venue Reform Act of Commercial and
2011''. Administrative Law.
Nov. 30, 2011........................... Constitutional Limitations on Full Committee............ 112-89
States' Authority to Collect
Sales Taxes in E-Commerce.
Feb. 27, 2012........................... H.R. 4078, the ``Regulatory Subcommittee on Courts, 112-90
Freeze for Jobs Act of 2012''. Commercial and
Administrative Law.
Dec. 7, 2011............................ Visa Waiver Program Oversight: Subcommittee on 112-91
Risks and Benefits of the Immigration Policy and
Program. Enforcement.
Feb. 9, 2012............................ Regional Perspectives on Subcommittee on 112-92
Agricultural Guestworker Immigration Policy and
Programs. Enforcement.
Mar. 5, 2012............................ H.R. 3534, the ``Security in Subcommittee on Courts, 112-93
Bonding Act of 2011''. Commercial and
Administrative Law.
Feb. 15, 2012........................... Safeguarding the Integrity of Subcommittee on 112-94
the Immigration Benefits Immigration Policy and
Adjudication Process. Enforcement.
Mar. 7, 2012............................ Prescription Drug Epidemic in Subcommittee on Crime, 112-95
America. Terrorism and Homeland
Security.
Mar. 7, 2012............................ H.R. 3808, the ``Scott Gardner Subcommittee on 112-96
Act''. Immigration Policy and
Enforcement.
Feb. 29, 2012........................... U.S. Department of Justice Subcommittee on Crime, 112-97
Community Oriented Policing Terrorism and Homeland
Services Office. Security.
Dec. 7, 2011............................ Oversight of the Antitrust Subcommittee on 112-98
Enforcement Agencies. Intellectual Property,
Competition, and the
Internet.
Apr. 25, 2012........................... H.R. 4377, the ``Responsibly And Subcommittee on Courts, 112-99
Professionally Invigorating Commercial and
Development (RAPID) Act of Administrative Law.
2012''.
Feb. 1, 2012............................ H.R. 2469, the ``End Subcommittee on Courts, 112-100
Discriminatory State Taxes for Commercial and
Automobile Renters Act of Administrative Law.
2011''.
Feb. 28, 2012........................... Executive Overreach: The HHS Full Committee............ 112-101
Mandate Versus Religious
Liberty.
Mar. 21, 2012........................... Office of Information and Subcommittee on Courts, 112-102
Regulatory Affairs: Federal Commercial and
Regulations and Regulatory Administrative Law.
Reform Under the Obama
Administration.
Mar. 21, 2012........................... Secure Identification: The REAL Subcommittee on Crime, 112-103
ID Act's Minimum Standards for Terrorism and Homeland
Driver's Licenses and Security.
Identification Cards.
Mar. 28, 2012........................... Holiday on ICE: The U.S. Subcommittee on 112-104
Department of Homeland Immigration Policy and
Security's New Immigration Enforcement.
Detention Standards.
Apr. 18, 2012........................... Document Fraud in Employment Subcommittee on 112-105
Authorization: How an E-Verify Immigration Policy and
Requirement Can Help. Enforcement.
Apr. 19, 2012........................... Prosecution of Former Senator Subcommittee on Crime, 112-106
Ted Stevens. Terrorism and Homeland
Security.
May 17, 2012............................ H.R. 3039, the ``Welcoming Subcommittee on 112-107
Business Travelers and Tourists Immigration Policy and
to America Act of 2011''. Enforcement.
May 31, 2012............................ H.R. 2831, To amend Public Law Subcommittee on 112-108
89-732 to modify the Immigration Policy and
requirement for a Cuban Enforcement.
national to qualify for and
maintain status as a permanent
resident.
Nov. 15, 2011........................... Recognition and Enforcement of Subcommittee on Courts, 112-109
Foreign Judgments. Commercial and
Administrative Law.
June 20, 2012........................... H.R. 2899, the ``Chinese Media Subcommittee on 112-110
Reciprocity Act of 2011''. Immigration Policy and
Enforcement.
Oct. 26, 2011........................... Department of Homeland Security. Full Committee............ 112-111
Apr. 24, 2012........................... Department of Justice's Guidance Subcommittee on the 112-112
on Access to Pools and Spas Constitution.
Under the ADA.
Apr. 26, 2012........................... H.J. Res. 106, ``Proposing an Subcommittee on the 112-113
amendment to the Constitution Constitution.
of the United States to protect
the rights of crime victims''.
Apr. 18, 2012........................... Voting Wrongs: Oversight of the Subcommittee on the 112-114
Justice Department's Voting Constitution.
Rights Enforcement.
Apr. 26, 2012........................... International Patent Issues: Subcommittee on 112-115
Promoting a Level Playing Field Intellectual Property,
for American Industry Abroad. Competition, and the
Internet.
June 19, 2012........................... New Technologies and Innovations Subcommittee on 112-116
in the Mobile and Online Space, Intellectual Property,
and the Implications for Public Competition, and the
Policy. Internet.
July 10, 2012........................... Dodd-Frank Act's Effects on Subcommittee on 112-117
Financial Services Competition. Intellectual Property,
Competition, and the
Internet.
May 17, 2012............................ H.R. 3803, the ``District of Subcommittee on the 112-118
Columbia Pain-Capable Unborn Constitution.
Child Protection Act''.
June 27, 2012........................... International IP Enforcement: Subcommittee on 112-119
Protecting Patents, Trade Intellectual Property,
Secrets and Market Access. Competition, and the
Internet.
May 10, 2012............................ H.R. 4369, the ``Furthering Subcommittee on Courts, 112-120
Asbestos Claim Transparency Commercial and
(FACT) Act of 2012. Administrative Law.
May 18, 2012............................ Health Care Consolidation and Subcommittee on 112-121
Competition After PPACA. Intellectual Property,
Competition, and the
Internet.
July 25, 2012........................... Cloud Computing: An Overview of Subcommittee on 112-122
the Technology and the Issues Intellectual Property,
Facing American Innovators. Competition, and the
Internet.
Dec. 8, 2011............................ United States Department of Full Committee............ 112-123
Justice.
May 31, 2012............................ Department of Justice--Civil, Subcommittee on Courts, 112-124
Environment and Natural Commercial and
Resources, and Tax Divisions. Administrative Law.
May 17, 2012............................ H.R. 2168, the ``Geolocational Subcommittee on Crime, 112-125
Privacy and Surveillance (GPS) Terrorism and Homeland
Act''. Security.
June 28, 2012........................... Identity Theft and Income Tax Subcommittee on Crime, 112-126
Preparation Fraud. Terrorism and Homeland
Security.
May 3, 2011............................. United States Department of Full Committee............ 112-127
Justice.
May 16, 2012............................ Implementation of the Leahy- Full Committee............ 112-128
Smith America Invents Act.
May 31, 2012............................ FISA Amendments Act of 2008..... Subcommittee on Crime, 112-129
Terrorism and Homeland
Security.
Mar. 29, 2012........................... H.R. 1946, the ``Preserving Our Subcommittee on 112-130
Hometown Independent Pharmacies Intellectual Property,
Act of 2011''. Competition, and the
Internet.
June 1, 2012............................ Class Actions Seven Years After Subcommittee on the 112-131
the Class Action Fairness Act. Constitution.
Mar. 28, 2012........................... H.R. 4223, the ``Safe Doses Subcommittee on Crime, 112-132
Act;'' H.R. 3668, the Terrorism and Homeland
``Counterfeit Drug Penalty Security.
Enhancement Act of 2011;'' and
H.R. 4216, the ``Foreign
Counterfeit Prevention Act''.
June 27, 2012........................... H.R. 3356, the ``ACCESS (ADA Subcommittee on the 112-133
Compliance for Customer Entry Constitution.
to Stores and Services) Act of
2011''.
July 12, 2012........................... Clearing the Way for Jobs and Subcommittee on Courts, 112-134
Growth: Retrospective Review to Commercial and
Reduce Red Tape and Regulations. Administrative Law.
July 24, 2012........................... Aftermath of Fraud by Subcommittee on 112-135
Immigration Attorneys. Immigration Policy and
Enforcement.
July 19, 2012........................... Department of Homeland Security. Full Committee............ 112-136
May 23, 2011............................ H.R. 1860, the ``Digital Goods Subcommittee on Courts, 112-137
and Services Tax Fairness Act Commercial and
of 2011''. Administrative Law.
July 18, 2012........................... H.J. Res. 110, ``Proposing an Subcommittee on the 112-138
amendment to the Constitution Constitution.
of the United States relating
to parental rights''.
July 11, 2012........................... National Security Leaks and the Subcommittee on Crime, 112-139
Law. Terrorism and Homeland
Security.
July 25, 2012........................... Beyond the Streets: America's Subcommittee on Crime, 112-140
Evolving Gang Threat. Terrorism and Homeland
Security.
Aug. 2, 2012............................ H.R. 997, the ``English Language Subcommittee on the 112-141
Unity Act of 2011''. Constitution.
Oct. 12, 2011........................... Uncertain Justice: The Status of Subcommittee on Crime, 112-142
Federal Sentencing and the U.S. Terrorism and Homeland
Sentencing Commission Six Years Security.
After U.S. v. Booker.
July 18, 2012........................... International Trade Commission Subcommittee on 112-143
and Patent Disputes. Intellectual Property,
Competition, and the
Internet.
Aug. 1, 2012............................ H.R. 3889, the ``Promoting Subcommittee on 112-144
Automotive Repair, Trade, and Intellectual Property,
Sales (PARTS) Act''. Competition, and the
Internet.
Sept. 12, 2012.......................... Obama Administration's Abuse of Full Committee............ 112-145
Power.
Nov. 2, 2011............................ United States Department of Subcommittee on Crime, 112-146
Justice Office of Justice Terrorism and Homeland
Programs. Security.
Apr. 25, 2012........................... H.R. 3361, the ``Utilizing DNA Subcommittee on Crime, 112-147
Technology to Solve Cold Cases Terrorism and Homeland
Act of 2011''. Security.
Sept. 20, 2012.......................... Regulation Nation: The Obama Full Committee............ 112-148
Administration's Regulatory
Expansion vs. Jobs and Economic
Recovery.
Sept. 20, 2012.......................... International IP Enforcement: Subcommittee on 112-149
Opening Markets Abroad and Intellectual Property,
Protecting Innovation. Competition, and the
Internet.
July 26, 2012........................... U.S. Department of Justice Civil Subcommittee on the 112-150
Rights Division. Constitution.
May 9, 2012............................. Federal Bureau of Investigation. Full Committee............ 112-151
June 7, 2012............................ United States Department of Full Committee............ 112-152
Justice.
Mar. 14, 2011........................... Promoting Investment and Subcommittee on 112-153
Protecting Commerce Online: Intellectual Property,
Legitimate Sites v. Parasites Competition, and the
(Part I). Internet.
Apr. 6, 2011............................ Promoting Investment and
Protecting Commerce Online:
Legitimate Sites v. Parasites
(Part II).
Apr. 6, 2011............................ Promoting Investment and Subcommittee on 112-153
Protecting Commerce Online: Intellectual Property,
Legitimate Sites v. Parasites Competition, and the
(Part II). Internet.
Nov. 16, 2011........................... H.R. 3261, the ``Stop Online Full Committee............ 112-154
Piracy Act''.
Feb. 16, 2012........................... U.S. Department of Justice Subcommittee on Crime, 112-155
Office on Violence Against Terrorism and Homeland
Women. Security.
June 20, 2012........................... Drug Enforcement Administration. Subcommittee on Crime, 112-156
Terrorism and Homeland
Security.
July 24, 2012........................... H.R. 3179, the ``Marketplace Full Committee............ 112-157
Equity Act of 2011''.
Nov. 28, 2012........................... Music Licensing Part One: Subcommittee on 112-158
Legislation in the 112th Intellectual Property,
Congress. Competition, and the
Internet.
----------------------------------------------------------------------------------------------------------------
Activities Conducted Pursuant to Clauses 2(n), (o), or (p) of House
Rule XI
Clause 2 of Rule XI of the House charges the Judiciary
Committee to ``hold at least one hearing during each 120-day
period following the establishment of the committee on the
topic of waste, fraud, abuse, or mismanagement in Government
programs which that committee may authorize.'' The Committee
fulfilled its responsibilities under Rule XI by conducting the
following oversight and legislative activities. Each of these
activities is discussed in more detail in later sections of
this report:
Hearing on the Federal Bureau of Investigation
(Serial No. 112-85)
Hearings on the United States Department of
Justice (Serial Nos. 112-127)
Hearing on Defending Marriage (Serial No. 112-36)
Hearing on Oversight Hearing on the U.S.
Department of Justice Civil Rights Division (Serial No. 112-61)
Hearing on H.R. 10, the Regulations From the
Executive in Need of Scrutiny Act of 2011 (Serial No. 112-26)
Hearing on The REINS Act--Promoting Jobs and
Expanding Freedom by Reducing Needless Regulations (Serial No.
112-7)
Hearing on The APA at 65--Is Reform Needed to
Create Jobs, Promote Economic Growth and Reduce Costs? (Serial
No. 112-17)
Hearing on the Reauthorization of the PATRIOT Act
(Serial No. 112-14)
Hearing on the Permanent Provisions of the PATRIOT
Act (Serial No. 112-15)
Hearing on the USA PATRIOT Act: Dispelling the
Myths (Serial No. 112-32)
Hearing on Justice for America: Using Military
Commissions to Try the 9/11 Conspirators (Serial No. 112-29)
Hearing on ICE Worksite Enforcement--Up to the
Job? (Serial No. 112-2)
Hearing on E-Verify--Preserving Jobs for American
Workers (Serial No. 112-4)
Hearing on How an Improved U.S. Patent and
Trademark Office Can Create Jobs (Serial No. 112-6)
Hearing on Oversight of the Office of the U.S.
Intellectual Property Enforcement Coordinator (Serial No. 112-
33)
Hearing on Can We Sue Our Way to Prosperity?:
Litigation's Effect on America's Global Competitiveness (Serial
No. 112-31)
Hearing on A Balanced Budget Amendment to the
Constitution (Serial No. 112-62)
Hearing on the U.S. Department of Justice Office
of Justice Programs (Serial No. 112- )
Hearing on the Department of Justice--Civil,
Environment and Natural Resources, and Tax Division (Serial No.
112-124)
Hearing on the United States Department of Justice
(Serial No. 112-123)
Hearing on Safeguarding the Integrity of the
Immigration Benefits Adjudication Process (Serial No. 112-94)
Hearing on the U.S. Department of Justice Office
on Violence Against Women (Serial No. 112- )
Hearing on Oversight of the Federal Bureau of
Investigation (Serial No. 112- )
Activities Conducted Pursuant to H. Res. 72
H. Res. 72 charges the Judiciary Committee, among other
committees, to ``inventory and review existing, pending, and
proposed regulations, orders, and other administrative actions
or procedures by agencies of the Federal Government within such
committee's jurisdiction,'' to ``conduct such hearings and
other oversight activities as it deems necessary in support of
the inventory and review,'' and to identify in the instant
report ``any oversight or legislative activity conducted in
support of, or as a result of, such inventory and review.'' The
inventory and review were required to focus on a number of
important regulatory issues, such as the impact of regulations
on jobs and economic growth and the adherence of regulatory
activity to transparency and cost-benefit requirements and
statutory authorizations.
The Committee fulfilled its responsibilities under H. Res.
72 by conducting the following oversight and legislative
activities consistent with the resolution. Each of these
activities is discussed in more detail in the later sections of
this report:
Hearing on The REINS Act--Promoting Jobs and
Expanding Freedom by Reducing Needless Regulations (Serial No.
112-7)
Hearing on The APA at 65--Is Reform Needed to
Create Jobs, Promote Economic Growth and Reduce Costs? (Serial
No. 112-17)
Hearing on Raising the Agencies' Grades:
Protecting the Economy, Assuring Regulatory Quality and
Improving Assessments of Regulatory Need (Serial No. 112-34)
Hearing on Cost-Justifying Regulations: Protecting
Jobs and the Economy by Presidential and Judicial Review of
Costs and Benefits (Serial No. 112-48)
Hearing on Formal Rulemaking and Judicial Review:
Protecting Jobs and the Economy with Greater Regulatory
Transparency and Accountability (Serial No. 112-49)
Joint Hearing on: ``The Role of Social Security
Administrative Law Judges'' (Serial No. 112-67)
Committee Markup of H.R. 10, the Regulations From
the Executive in Need of Scrutiny Act of 2011 (Oct. 27, 2011)
Committee Markup of H.R. 527, the Regulatory
Flexibility Improvements Act of 2011--Unleashing Small
Businesses to Create Jobs (July 7, 2011)
Hearing and Committee Markup of H.R. 1996, the
Government Litigation Savings Act (Serial No. 112-57 and Nov.
17, 2011, respectively)
Committee Markup of H.R. 2480, Administrative
Conference of the United States Reauthorization Act of 2011
(Aug. 1, 2011)
Hearing and Committee Consideration of H.R. 3010,
the Regulatory Accountability Act (Serial No. 112-75 and Nov.
3, 2011, respectively)
Hearing on E-Verify--Preserving Jobs for American
Workers (Serial No. 112-4)
Hearing on the H-2A Visa Program: Meeting the
Growing Needs of American Agriculture? (Serial No. 112-28)
Hearing on How an Improved U.S. Patent and
Trademark Office Can Create Jobs (Serial No.112-6)
Hearing on Crossing the Finish Line on Patent
Reform--What Can and Should be Done (Serial No. 112-8)
Hearing on Oversight of the Office of the U.S.
Intellectual Property Enforcement Coordinator (Serial No. 112-
33)
Hearing on Oversight of the Antitrust Enforcement
Agencies (Serial No. 112-98)
Hearing on H.R. 3041, the ``Federal Consent Decree
Fairness Act,'' and H.R. 3862, the ``Sunshine for Regulatory
Decrees and Settlements Act'' (Serial No. 112-83)
Hearing on H.R. 4078, the ``Regulatory Freeze for
Jobs Act of 2012'' (Serial No. 112-90)
Hearing on Holiday on ICE: The U.S. Department of
Homeland Security's New Immigration Detention Standards (Serial
No. 112-104)
Hearing on The Department of Justice's Guidance on
Access to Pools and Spas Under the ADA (Serial No. 112-112)
Hearing on H.R. 4377, the ``Responsibly and
Professionally Invigorating Development Act of 2012'' (Serial
No. 112-99)
COMMITTEE OVERSIGHT PLAN
Adopted February 9, 2011
In accordance with rule X of the House of Representatives,
the Committee on the Judiciary is responsible for determining
whether the laws and programs within its jurisdiction are
implemented and carried out in accordance with the intent of
Congress and whether they should be continued, curtailed, or
eliminated. Accordingly, in the 112th Congress the Committee
will review all laws and programs within its jurisdiction to
assess their application, administration, execution, and
effectiveness. The Committee will also review the organization
and operation of Federal agencies and entities within its
jurisdiction for the administration and execution of laws and
programs within its jurisdiction.
The Committee will review all agencies and programs within
its jurisdiction to identify wasteful, inefficient, or
duplicative programs that should be streamlined or eliminated,
as well as those that could be enhanced. The Committee will
also review the mission and operations of all agencies,
including component organizations, within its jurisdiction.
Through such oversight, the Committee seeks to determine how
these agencies and entities can achieve more impactful and
effective programs with an eye toward improving the efficiency
and effectiveness of Federal programs and agencies. The
Committee also seeks to eliminate fraud, abuse, and
mismanagement. As a result of this oversight, the Committee
anticipates streamlining and eliminating spending on agencies
and programs within its jurisdiction, if appropriate.
This document outlines the current plans of the Committee
on the Judiciary for oversight activities in the 112th
Congress. The Committee's oversight and investigation
activities will be coordinated between the Full Committee and
the Subcommittees in order to facilitate comprehensive and
strategic oversight of the programs and agencies within its
jurisdiction. Oversight activities will include hearings,
briefings, correspondence, reports, and public statements.
Full Committee
I. U.S. Department of Justice. In conjunction with the
subcommittees, the Committee will conduct oversight of the U.S.
Department of Justice, including all Department components and
agencies.
II. Management Performance and Budget Oversight. The
Committee will conduct oversight and identify U.S. Department
of Justice grant programs that should be streamlined or
eliminated, as well as those that could be enhanced. The
Committee will also conduct oversight on all agencies and
programs within its jurisdiction to uncover waste, fraud, or
abuse and to identify programs that are inefficient,
duplicative, or outdated, or that are more appropriately
administered by state or local governments. In addition, the
Committee will consider the extent to which federally funded or
administrated agencies and activities can more efficiently
handle certain tasks on a national level and whether they save,
reduce, or render more effective state or local government
expenditures or activities. In addition, the Committee will
consider whether any federal programs within its jurisdiction
should be enhanced, concomitant with cuts to or the elimination
of less effective programs.
Subcommittee on Crime, Terrorism, and Homeland Security
I. Trials of Suspected Terrorists. The Subcommittee will
conduct oversight on matters related to the prosecution of
suspected terrorists.
II. U.S. Department of Justice. The Subcommittee will
conduct oversight of the law enforcement agencies of the U.S.
Department of Justice.
A. The Federal Bureau of Investigation (FBI). The
Subcommittee will conduct oversight of the FBI. In
addition to its traditional criminal investigatory
jurisdiction, the Subcommittee will also conduct
oversight of the FBI's counter-terrorism and counter-
intelligence authorities.
B. Drug Enforcement Administration (DEA). The
Subcommittee will review the operations of the DEA,
including domestic and international drug enforcement,
money laundering and narco-terrorism investigations.
C. Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF). The Subcommittee will review the
mission and operations of the ATF, including federal
firearms enforcement, explosives investigations, and
tobacco and alcohol trafficking operations.
D. U.S. Marshals Service (USMS). The Subcommittee
will review the mission and operations of the USMS,
including fugitive apprehensions, court and witness
security, and its responsibilities under the Sex
Offender Registration and Notification Act (SORNA).
III. The Federal Bureau of Prisons (BOP). The Subcommittee
will review the mission and operation of the federal prison
system, including prisoner rehabilitation, reentry programs,
and management of a growing offender population.
A. Federal Prison Industries. The Subcommittee will
also conduct oversight of the Federal Prison Industries
(FPI), a government corporation that employs offenders
incarcerated in federal prisons and provides job
training opportunities to prisoners by producing goods
and services for federal agencies.
IV. Office of the Federal Detention Trustee (OFDT). The
Subcommittee will conduct oversight on the operations of OFDT.
V. Office of Justice Programs (OJP). The Subcommittee will
review the mission and operations of OJP and its component
organizations and the administration of law enforcement
assistance grants in order to identify programs that should be
streamlined or eliminated, and those that could be enhanced.
VI. Office on Violence against Women (OVW). The
Subcommittee will review the mission and operations of OVW and
the administration of Violence against Women Act (VAWA) grants.
VII. Community Oriented Policing Services Office (COPS).
The Subcommittee will review the mission and operations of COPS
and the administration of community policing grants.
VIII. Executive Office of U.S. Attorneys (EOUSA). The
Subcommittee will conduct oversight on the operations of EOUSA.
IX. U.S. Department of Homeland Security (DHS). The
Subcommittee will conduct oversight of DHS law enforcement
components, including the U.S. Secret Service, U.S. Immigration
and Customs Enforcement, the Bureau of Customs and Border
Protection, the U.S. Coast Guard, and the Federal Air Marshals
Service.
X. U.S. Sentencing Commission. The Subcommittee will review
the mission and operations of the U.S. Sentencing Commission
with particular attention to the role of the Commission
following the Supreme Court's decision in U.S. v. Booker, 543
U.S. 220 (2005) and its progeny. The Subcommittee will also
examine the extent to which federal courts are imposing
sentences that diverge from those recommended by the sentencing
guidelines, particularly in cases involving drug smuggling and
child pornography.
XI. National Security. The Subcommittee will review the use
of Foreign Intelligence Surveillance Act (FISA) and U.S.
PATRIOT Act authorities by Intelligence Community (IC)
agencies.
XII. Domestic/Home-Grown Terrorism. The Subcommittee will
review the threat to our national security from home-grown
terrorists including the recruitment and training or self-
radicalization of home-grown terrorists and the federal
government's efforts to preempt, investigate, and prosecute
domestic terrorism.
XIII. Crimes against Children. The Subcommittee will review
laws and law enforcement tools designed to combat child
exploitation, including reauthorization of the Adam Walsh Act,
and the proliferation of child pornography on the Internet.
XIV. Criminal Street Gangs. The Subcommittee may consider
enforcement and prevention issues concerning criminal street
gangs, including border gangs, and the issue of how gang
affiliations may be broken to reduce the number of both street
and prison gangs.
XV. Crime Prevention. The Subcommittee may examine the
extent to which federal policies and funding support crime
prevention strategies at the Federal, State, local, and tribal
levels.
XVI. Firearms Regulation. The Subcommittee may examine
issues related to firearms regulation.
XVII. International and Domestic Human Trafficking. The
Subcommittee will review law enforcement and other activities
within its jurisdiction that address international and domestic
trafficking in human beings.
Subcommittee on the Constitution
I. Civil Rights Division, U.S. Department of Justice. The
Subcommittee will examine the enforcement record and priorities
of the Civil Rights Division. The Subcommittee will focus on
the Division's activities in the areas of education,
employment, credit, housing, public accommodations, law
enforcement practices, voting rights, voting fraud, and
federally funded and conducted programs.
II. Community Relations Service. The Subcommittee will
conduct oversight of the operations of the Community Relations
Service.
III. Congressional Authority. The Subcommittee plans to
consider the boundaries of the Commerce Clause and other
Congressional authorities.
IV. Tort Reform. The Subcommittee will review the policies
and practices of the civil justice system and the need for its
reform.
V. Office of Government Ethics. The Subcommittee will
consider the priorities and operation of the Office of
Government Ethics.
VI. Property Rights. The Subcommittee will consider whether
there is a need for greater protection of citizens' private
property rights.
VII. Religious Liberty. The Subcommittee will consider the
federal role in the protection of Americans' rights under the
free exercise and establishment clauses.
VIII. Abortion. The Subcommittee will examine the
constitutionality and enforcement of federal and state statutes
that relate to the performance of abortions.
IX. Marriage. The Subcommittee will examine constitutional
issues concerning marriage.
X. War on Terrorism. The Subcommittee will consider
constitutional issues associated with the War on Terrorism.
XI. Detention of Suspected Terrorists. The Subcommittee
will conduct oversight on matters related to the long-term
detention of suspected terrorists.
XII. United States Commission on Civil Rights. The
Subcommittee will review the work of the Commission, its
management, and its implementation.
Subcommittee on Immigration Policy and Enforcement
I. Department of Homeland Security
A. The Administration Budget. The Subcommittee
expects to conduct hearings on the Administration's
budget request for fiscal year 2012 as it applies to
immigration functions at U.S. Citizenship and
Immigration Services (``CIS'') and U.S. Immigration and
Customs Enforcement (``ICE'').
B. Administrative Discretion. The Subcommittee
expects to examine the uses of deferred action and
other exercises of administrative relief by ICE and CIS
for aliens not lawfully present in the U.S.
C. Immigration and Customs Enforcement.
1. Worksite Enforcement. The Subcommittee
expects to conduct hearings on the
effectiveness of ICE's worksite enforcement
activities.
2. Fugitive Operations. The Subcommittee
expects to conduct hearings on the
effectiveness of ICE's fugitive apprehensions
program.
3. Immigration Consequences of Drunk Driving.
The Subcommittee expects to examine the
immigration consequences of drunk driving
convictions.
4. Cooperation of State and Local Law
Enforcement. The Subcommittee expects to
conduct hearings on issues involved with the
cooperation of state and local law enforcement
agencies with ICE in the enforcement of federal
immigration laws, including the operation of
the 287(g) and Secure Communities programs.
5. Enforcement Statistics. The Subcommittee
expects to conduct hearings on the reliability
of immigration removal statistics.
6. Mexican Law Enforcement Issues. The
Subcommittee expects to conduct hearings on the
implications of Mexican law enforcement issues
for asylum and refugee policy.
D. U.S. Citizenship and Immigration Services.
1. E-Verify. The Subcommittee expects to
conduct hearings on CIS's operation of the E-
Verify program to verify the employment
authorization of newly hired workers.
2. Immigration Benefit Fraud. The
Subcommittee expects to conduct hearings on
CIS' ability to uncover fraudulent applications
and petitions for visas and other immigration
benefits.
3. Backlog Reduction. The Subcommittee
expects to conduct hearings on the ongoing
efforts of CIS to reduce the processing backlog
for immigration petitions and applications.
II. U.S. Department of Justice
A. Immigration Judge Disciplinary Proceedings. The
Subcommittee expects to conduct hearings on the impact
of disciplinary investigations on the decision making
of immigration judges.
B. REAL ID ACT of 2005. The Subcommittee expects to
hold hearings on the implementation by the federal
judiciary of the provisions of the REAL ID Act of 2005
related to determinations by immigration judges.
C. Enforcement of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (``IIRIRA''). The
Subcommittee expects to conduct hearings on the level
of enforcement, by the Justice Department, of the
provisions of IIRIRA pertaining to rules regarding in-
state tuition charges by public universities, and
communications between state and local agencies and the
Department of Homeland Security regarding the
immigration status of individuals.
D. Adjudication of Immigration Cases. The
Subcommittee will conduct oversight on the Department's
work to adjudicate immigration cases, including a
review of relevant budgetary requirements.
III. Impact of Immigration Policy on the American Economy
and Society
A. Effect on American Workers. The Subcommittee
expects to conduct hearings on the impact of illegal
and low-skilled immigration on American workers.
B. Fiscal Effects of Immigration. The Subcommittee
expects to conduct hearings on the fiscal effects of
illegal and low-skilled immigration at the local and
national levels.
C. Effects on Social Security. The Subcommittee
expects to hold hearings on the impact of illegal and
low-skilled immigration on the Social Security system.
D. Assimilation of Immigrants. The Subcommittee
expects to conduct hearings on the process of
assimilation of immigrants, including issues such as
the availability of English language instruction,
constitutional requirements for citizenship and dual
nationality.
IV. Terrorists and the Immigration System. The Subcommittee
expects to conduct hearings on how to prevent the manipulation
of our immigration system by terrorists.
V. Criminal Law Issues
A. Gang Violence. The Subcommittee expects to conduct
hearings on gang violence in immigrant communities.
B. Detention of Foreign Nationals. The Subcommittee
expects to conduct hearings on the detention of aliens
in light of the Supreme Court's decisions in Zadvydas
v. Davis and Clark v. Martinez.
C. Victims of Crime. The Subcommittee expects to
conduct hearings on the effect of crime committed by
immigrants.
D. Convention Against Torture. The Subcommittee
expects to conduct hearings on the implications of the
Convention Against Torture in immigration proceedings.
VI. Illegal Immigration
A. Illegal Immigration in Arizona. The Subcommittee
expects to conduct hearings on the effects on Arizona
residents of illegal immigration and the constitutional
issues raised by Arizona's immigration enforcement law
(SB 1070).
B. Local Enforcement of Immigration Law. The
Subcommittee expects to conduct hearings on the effects
on public safety of cooperation and non-cooperation by
local enforcement in the enforcement of the immigration
law.
C. Identity Fraud and Theft. The Subcommittee expects
to conduct hearings on identity fraud and identity
theft in the immigration context.
D. Temporary Protected Status. The Subcommittee
expects to conduct hearings on the administration of
the Temporary Protected Status (``TPS'') program.
Subcommittee on Intellectual Property, Competition, and the Internet
I. PRO-IP Act Implementation. The Subcommittee will conduct
oversight on the implementation of the ``Prioritizing Resources
and Organization for Intellectual Property Act of 2008'' (PRO-
IP) which increases civil and criminal penalties for trademark
and copyright infringement.
II. Oversight of the U.S. Patent and Trademark Office.
Oversight of the USPTO is a priority for the Committee. A
hearing will focus on agency operations and needs to determine
how Congress can help the USPTO address its annual workload and
backlog of patent applications. The agency has undertaken a
number of new projects and initiatives that must be evaluated
as well. As part of the project, the Committee will work with
the appropriators to ensure that the USPTO receives sufficient
funding to perform its work.
III. Oversight of the U.S. Copyright Office. The Copyright
Office is experiencing increased delays in processing
registrations with a corresponding backlog. This issue can be
addressed through staff briefings or a possible hearing.
IV. Merger Clearance. The Subcommittee may explore
potential efficiency enhancing measures in the Federal Trade
Commission-Department of Justice Hart-Scott-Rodino merger
clearance process.
V. Consummated Merger Review. It has become increasingly
common for the antitrust enforcement agencies to investigate
and challenge consummated mergers. The Subcommittee may examine
the reasons for the increase in challenges, and whether current
law needs to be changed to give the agencies the flexibility
they need to investigate potential anticompetitive behavior
while providing appropriate certainty to the business
community.
VI. Procedural Divergence in U.S. Merger Enforcement. Under
current law, the Department of Justice may sue to enjoin a
merger in federal district court. The Federal Trade Commission
can sue to enjoin that same merger in federal district court
and, at the same time, proceed with a case before its own
administrative law judge. The Subcommittee may examine the
reasons for this disparity and whether it results in different
substantive standards for antitrust review.
VII. International Divergence in Antitrust Enforcement.
This oversight will focus on whether the agencies are doing
enough to harmonize U.S. antitrust law with competition laws in
other countries. This will include exploring what actions the
agencies are taking to harmonize laws and enforcement
activities, particularly focused on the European Union, China,
Brazil, Japan, and Korea; and how such activities are
authorized and funded by Congress.
VIII. Antitrust Exemptions. The Subcommittee will conduct
oversight of industry exemptions to determine whether such
exemptions continue to serve the public interest.
Subcommittee on Courts, Commercial and Administrative Law
I. Administrative Process and Procedure. The Subcommittee
will conduct oversight of issues related to the Administrative
Procedure Act, the Congressional Review Act, the Regulatory
Flexibility Act, the Small Business Regulatory Enforcement
Fairness Act, the overall costs imposed by federal regulation,
the extent to which agencies compete for policymaking primacy
with the Legislative Branch, and the role that the Office of
Information and Regulatory Affairs within the Office of
Management and Budget plays in the federal rulemaking process.
II. Bankruptcy. The Subcommittee expects to conduct
oversight of the Bankruptcy Code's responsiveness to the needs
of financially troubled small businesses and municipalities, as
well as potential insolvency issues presented by a number of
States. In addition, the Subcommittee may conduct oversight of
the need for bankruptcy venue reform, bankruptcy issues related
to the 2008 financial crisis and legislation enacted in
response to it, the financial struggles of military veterans,
and issues presented by asset sales under Bankruptcy Code sec.
363, such as those highlighted by the recent Chrysler
bankruptcy. Oversight of auto bankruptcy issues may also extend
to the dealings of the Administration's Auto Task Force and
other aspects of the government-managed bankruptcies of General
Motors and Chrysler.
III. Federal Judiciary. The Subcommittee may conduct a
hearing on the operations of the Administrative Office of the
United States Courts, and the state of the Judiciary as a
whole. This may include consideration of the judicial resource
needs of Article III and bankruptcy courts, judicial salaries,
and security for federal judges.
IV. Agencies. The Subcommittee will conduct oversight of
the Justice Department's Civil Division, Environment and
Natural Resources Division, Executive Office for United States
Trustees, and Office of the Solicitor General. It will also
conduct oversight of the Department's compliance with the
Freedom of Information Act and the Office of Management and
Budget's Office of Information and Regulatory Affairs.
V. State Justice Institute. The State Justice Institute
(SJI) provides matching grants to state courts that allow them
to develop methods to work more efficiently and productively. A
review of SJI operations may be in order since its
authorization expired in 2007.
VI. Arbitration. The Subcommittee may conduct oversight of
issues arising under the Federal Arbitration Act, including the
implementation of the American Arbitration Association's
mandatory binding arbitration program for General Motors and
Chrysler auto dealers and other matters that shed light on the
status and effectiveness of America's arbitration system.
VII. Legal Services Corporation. The Subcommittee will
review the mission and operations of the Legal Services
Corporation.
VIII. Interstate Compacts. The Subcommittee may conduct
oversight to determine the extent of compliance with the
constitutional process by which States seek Congressional
approval of interstate compacts.
IX. Administrative Conference of the United States. The
Subcommittee will conduct oversight on the Administrative
Conference of the United States.
X. State Taxation Affecting Interstate Commerce. The
Subcommittee may also continue oversight begun in the 111th
Congress of issues related to state taxation that affect
interstate commerce.
ACTIVITIES CONDUCTED PURSUANT TO COMMITTEE OVERSIGHT PLAN
The following hearings were held pursuant to the
Committee's Oversight Plan. These hearings, as well as other
hearings and markups of legislation, are described in more
detail in a later section of this Report.
Full Committee
1. Hearing on Medical Liability Reform--Cutting Cost,
Spurring Investment, Creating Jobs (Serial No. 112-1)
2. Hearing on the Constitutionality of the Individual
Mandate (Serial No. 112-5)
3. Hearings on the Federal Bureau of Investigation (Serial
Nos. 112-85 & 112-)
4. Hearings on the United States Department of Justice
(Serial Nos. 112-127 & 112-123)
5. Hearing on the Department of Homeland Security (Serial
No. 112-111 & 112-136)
6. Hearing on Executive Overreach: The President's
Unprecedented ``Recess'' Appointments (Serial No. 112-84)
7. Hearing on Executive Overreach: The HHS Mandate Versus
Religious Liberty (Serial No. 112-101)
8. Hearing on Implementation of the Leahy-Smith America
Invents Act (Serial No. 112-128)
Subcommittee on the Constitution
1. Hearing on H.R. 3, the No Taxpayer Funding for Abortion
Act (Serial No. 112-9)
2. Hearing on H.R. 966, the Lawsuit Abuse Reduction Act
(Serial No. 112-18)
3. Hearing on H.R. 1433, the Private Property Rights
Protection Act (Serial No. 112-21)
4. Hearing on the U.S. Department of Justice Civil Rights
Division (Serial No. 112-61)
5. Hearing on Can We Sue Our Way to Prosperity?:
Litigation's Effect on America's Global Competitiveness (Serial
No. 112-31)
6. Hearing on: Defending Marriage (Serial No. 112-36)
7. Hearing on How Fraud and Abuse in the Asbestos
Compensation System Affect Victims, Jobs, the Economy, and the
Legal System (Serial No. 112-51)
8. Hearing on the State of Religious Liberty in the United
States (Serial No. 112-63)
9. Hearing on the Costs and Burdens of Civil Discover
(Serial No. 112-72)
10. Hearing on Judicial Reliance on Foreign Law (Serial No.
112-73)
11. Hearing on H.R. 2299, the ``Child Interstate Abortion
Notification Act'' (Serial No. 112-87)
12. Hearing on Voting Wrongs: Oversight of the Justice
Department's Voting Rights Enforcement (Serial No. 112-114)
13. Hearing on The Department of Justice's Guidance on
Access to Pools and Spas Under the ADA (Serial No. 112-112)
Subcommittee on Courts, Commercial and Administrative Law
1. Hearing on The REINS Act--Promoting Jobs and Expanding
Freedom by Reducing Needless Regulations (Serial No. 112-7)
2. Hearing on the Role of Public Employee Pensions in
Contributing to State Insolvency and the Possibility of a State
Bankruptcy Chapter (Serial No. 112-25)
3. Hearing on The APA at 65--Is Reform Needed to Create
Jobs, Promote Economic Growth and Reduce Costs? (Serial No.
112-17)
4. Hearing on Raising the Agencies' Grades: Protecting the
Economy, Assuring Regulatory Quality and Improving Assessments
of Regulatory Need (Serial No. 112-34)
5. Hearing on Cost-Justifying Regulations: Protecting Jobs
and the Economy by Presidential and Judicial Review of Costs
and Benefits (Serial No. 112-48)
6. Hearing on Formal Rulemaking and Judicial Review:
Protecting Jobs and the Economy with Greater Regulatory
Transparency and Accountability (Serial No. 112-49)
7. Hearing on Chapter 7 Bankruptcy Trustee Responsibilities
and Remuneration (Serial No. 112-68)
8. Hearing on the Office of Information and Regulatory
Affairs: Federal Regulations and Regulatory Reform under the
Obama Administration (Serial No. 112-102)
9. Hearing on the Department of Justice--Civil, Environment
and Natural Resources, and Tax Divisions (Serial No. 112-124)
10. Hearing on H.R. 4078, the ``Regulatory Freeze for Jobs
Act of 2012'' (Serial No. 112-90)
11. Hearing on the Office of Information and Regulatory
Affairs: Federal Regulations and Regulatory Reform Under the
Obama Administration (Serial No. 112-102)
12. Hearing on H.R. 4377, the ``Responsibly and
Professionally Invigorating Development Act of 2012'' (Serial
No. 112-99)
Subcommittee on Crime, Terrorism, and Homeland Security
1. Hearing on Data Retention as a Tool for Investigating
Internet Child Pornography and Other Internet Crimes (Serial
No. 112-3)
2. Hearing on the Reauthorization of the Adam Walsh Act
(Serial No. 112-12)
3. Hearing on the Reauthorization of the PATRIOT Act
(Serial No. 112-14)
4. Hearing on the Permanent Provisions of the PATRIOT Act
(Serial No. 112-15)
5. Hearing on Justice for America: Using Military
Commissions to Try the 9/11 Conspirators (Serial No. 112-29)
6. Hearing on The USA PATRIOT Act: Dispelling the Myths
(Serial No. 112-32)
7. Hearing on Uncertain Justice: The Status of Federal
Sentencing and the U.S. Sentencing Commission Six Years after
U.S. v. Booker (Serial No. 112-)
8. Hearing on the U.S. Department of Justice Office of
Justice Programs (Serial No. 112-)
9. Hearing on Secure Identification: The REAL ID Act's
Minimum Standards for Driver's Licenses and Identification
Cards (Serial No. 112-103)
10. Hearing on Combating Transnational Organized Crime:
International Money Laundering as a Threat to our Financial
Systems (Serial No. 112-86)
11. Hearing on the U.S. Department of Justice Office on
Violence Against Women (Serial No. 112-)
12. Hearing on the U.S. Department of Justice Community
Oriented Policing Services Office (Serial No. 112-97)
13. Hearing on the FISA Amendments Act of 2008 (Serial No.
112-129)
Subcommittee on Immigration Policy and Enforcement
1. Hearing on ICE Worksite Enforcement--Up to the Job?
(Serial No. 112-2)
2. Hearing on E-Verify--Preserving Jobs for American
Workers (Serial No. 112-4)
3. Hearing on the U.S. Immigration and Customs Enforcement:
Priorities and the Rule of Law (Serial No. 112-66)
4. Hearing on Regional Perspectives on Agricultural
Guestworker Programs (Serial No. 112-92)
5. Hearing on Safeguarding the Integrity of the Immigration
Benefits Adjudication Process (Serial No. 112-94)
6. Hearing on H.R. 3808, the ``Scott Gardner Act'' (Serial
No. 112-96)
7. Hearing on Holiday on ICE: The U.S. Department of
Homeland Security's New Immigration Detention Standards (Serial
No. 112-104)
8. Hearing on Document Fraud in Employment Authorization:
How an E-Verify Requirement Can Help (Serial No. 112-106)
9. Hearing on H.R. 3039, the ``Welcoming Business Travelers
and Tourists to America Act of 2011'' (Serial No. 112-107)
Subcommittee on Intellectual Property, Competition, and the Internet
1. Hearing on How an Improved U.S. Patent and Trademark
Office Can Create Jobs (Serial No.112-6)
2. Hearing on Prior User Rights: Strengthening U.S.
Manufacturing and Innovation (Serial No. 112-78)
3. Hearing on Litigation as a Predatory Practice (Serial
No. 112-79)
4. Hearing on H.R. 1946, the ``Preserving Our Hometown
Independent Pharmacies Act of 2011'' (Serial No. 112-130)
5. Hearing on International Patent Issues: Promoting a
Level Playing Field for American Industry Abroad (Serial No.
112-115)
6. Hearing on Health Care Consolidation and Competition
After PPACA (Serial No. 112-121)
FULL COMMITTEE
Committee Jurisdiction
The Full Committee has jurisdiction over such matters as
determined by the Chairman.
Full Committee Legislative Activities
Committee Organizational Meeting
On January 19, the Committee met for the first time to
organize and adopt its rules.
H.R. 3, the ``No Taxpayer Funding for Abortion Act''
H.R. 3 prohibits the expenditure of funds authorized or
appropriated by federal law or funds in any trust fund to which
funds are authorized or appropriated by federal law (federal
funds) for any abortion, prohibits federal funds from being
used for any health benefits coverage that includes coverage of
abortion, and makes such prohibitions applicable to District of
Columbia funds. H.R. 3 also (1) amends the Internal Revenue
Code to disqualify, for purposes of the tax deduction for
medical expenses, any amounts paid for an abortion; (2)
prohibits tax credits for small employer health insurance
expenses for any health plan or benefit that includes coverage
for abortion; and (3) requires any private funds used for
abortion to be counted as taxable income for participants in
flexible spending accounts, medical savings accounts, or health
savings accounts. Finally, H.R. 3 protects from discrimination
individuals and entities that refuse to provide abortion
services and creates a private cause of action for those
alleging violation of this non-discrimination provision.
Mr. (Christopher) Smith introduced H.R. 3 on January 20,
2011. The bill was referred to the Subcommittee on the
Constitution. On March 3, 2011, the full Committee considered
the bill and ordered it reported favorably to the House as
amended by a recorded vote of 23-14. The bill was reported to
the House on March 17, 2011 as H. Rept. 112-38, Part 1. On May
4, 2011, H.R. 3 passed the House by a roll call vote of 251
yeas to 175 nays.
H.R. 5, the ``Help Efficient, Accessible, Low-cost, Timely
Healthcare (HEALTH) Act of 2011''
H.R. 5 sets conditions for lawsuits arising from health
care liability claims regarding health care goods or services
or any medical product affecting interstate commerce.
Mr. Gingrey introduced H.R. 5 on January 24, 2011. On
February 9, 2011, the full Committee considered the bill and
ordered it reported favorably to the House by a recorded vote
of 18-15. The bill was reported to the House on March 17, 2011,
as H. Rept. 112-39, Part I.
H.R. 10, the ``Regulations from the Executive in Need of
Scrutiny Act of 2011''
H.R. 10 rewrites provisions regarding congressional review
of agency rulemaking to require congressional approval of major
rules of the executive branch before they may take effect
(currently, major rules take effect unless Congress passes and
the President signs a joint resolution disapproving them). It
defines ``major rule'' as any rule, including an interim final
rule, that has resulted in or is likely to result in: (1) an
annual effect on the economy of $100 million or more; (2) a
major increase in costs or prices; or (3) significant adverse
effects on competition, employment, investment, productivity,
innovation, or U.S. competitiveness.
H.R. 10 provides that if a joint resolution of approval of
a major rule is not enacted by the end of 70 session days or
legislative days after the agency proposing the rule submits
its report on such rule to Congress, the rule shall be deemed
not to be approved and shall not take effect. It permits a
major rule to take effect for 90 calendar days without such
approval if the President determines such rule is necessary
because of an imminent threat to health or safety or other
emergency, for the enforcement of criminal laws, for national
security, or to implement an international trade agreement.
H.R. 10 also sets forth House and Senate procedures for
joint resolutions approving major rules and disapproving non-
major rules.
Mr. (Geoff) Davis introduced H.R. 10 on January 20, 2011.
The bill was referred to the Subcommittee on Courts, Commercial
and Administrative Law. On October 25, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a roll call vote of 22 yeas to 14 nays. The
bill was reported to the House on November 10, 2011 as H. Rept.
112-278. The House passed the bill by a vote of 241-184 on
December 7, 2011.
H.R. 313, the ``Drug Trafficking Safe Harbor Elimination Act
of 2011''
H.R. 313 amends the Controlled Substances Act to provide
that anyone within the United States who enters into a
conspiracy to possess or traffic in controlled substances
outside the United States, or who aids or abets others in such
conduct, shall be subject to the same penalties that would
apply to such conduct if it were to occur within the United
States.
Chairman Smith introduced H.R. 313 on January 18, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On October 6, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a roll record vote of 20 yeas to 7 nays.
The report to accompany the bill was filed as H. Rept. 112-324,
Part 1 on December 12, 2011. The bill passed the House, as
amended, under suspension by a voice vote on December 13, 2011.
H.R. 347, the ``Federal Restricted Buildings and Grounds
Improvement Act of 2011''
H.R. 347 amends the federal criminal code to revise the
prohibition against entering restricted federal buildings or
grounds to impose criminal penalties on anyone who knowingly
enters any restricted building or grounds without lawful
authority. It defines ``restricted buildings or grounds'' as a
posted, cordoned off, or otherwise restricted area of: (1) the
White House or its grounds or the Vice President's official
residence or its grounds, (2) a building or grounds where the
President or other person protected by the Secret Service is or
will be temporarily visiting, or (3) a building or grounds so
restricted due to a special event of national significance.
Mr. Rooney introduced H.R. 347 on January 19, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On January 26, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House by voice vote. The bill was reported to the House on
February 11, 2011 as H. Rept. 112-9. On February 28, 2011, the
bill passed the House, as amended, under suspension by a roll
call vote of 399 yeas to 3 nays. The Senate passed H.R. 347 as
amended on February 6, 2012. On February 27, 2012, the House
agreed to the Senate Amendment by a roll call vote of 388 yeas
to 3 nays. The bill was signed into law on March 8, 2012
becoming Public Law 112-98.
H.R. 365, the ``National Blue Alert Act of 2012''
H.R. 365 directs the Attorney General to: (1) establish a
national Blue Alert communications network within the
Department of Justice (DOJ) to disseminate information when a
law enforcement officer is seriously injured or killed in the
line of duty, and (2) assign a DOJ officer to act as the
national coordinator of the Blue Alert communications network.
Sets forth the duties of the national coordinator, including
encouraging states and local governments to develop additional
Blue Alert plans, establishing voluntary guidelines for states
and local governments to use in developing such plans,
developing protocols for efforts to apprehend suspects, and
establishing an advisory group to assist states, local
governments, law enforcement agencies, and other entities in
initiating, facilitating, and promoting Blue Alert plans.
H.R. 365 also amends the Omnibus Crime Control and Safe
Streets Act to require the use of public safety and community
policing grants to assist states in developing and enhancing a
Blue Alert plan and communications network.
Mr. Grimm introduced H.R. 365 on January 20, 2011. The bill
was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On April 25, 2012, the full Committee
considered the bill and ordered the measure reported favorably
as amended by a voice vote. The report to accompany the bill
was filed with the House on May 11, 2012 as H. Rept. 112-478.
Under suspension of the rules, the bill passed the House as
amended by a roll call vote of 394 yeas to 1 nay, two-thirds
required, on May 15, 2012.
H.R. 368, the ``Removal Clarification Act of 2011''
H.R. 368 amends title 28, United States Code, to clarify
and improve certain provisions relating to the removal of
litigation against Federal officers or agencies to Federal
courts, and for other purposes.
Mr. Johnson of Georgia introduced H.R. 368 on January 20,
2011. The bill was referred to the Subcommittee on Courts,
Commercial and Administrative Law. On January 26, 2011, the
full Committee considered the bill and ordered it reported
favorably to the House by voice vote. The bill was reported to
the House on February 28, 2011 as H. Rept. 112-12 Part 1 and
passed the House the same day under suspension, as amended by a
roll call vote of 396 yeas to 4 nays. The bill was signed into
law on November 9, 2011 becoming Public Law 112-51.
H.R. 386, the ``Securing Aircraft Cockpits Against Lasers Act
of 2011''
H.R. 386 amends the federal criminal code to prohibit the
aiming of the beam of a laser pointer at an aircraft or in its
flight path and imposes a fine and/or prison term of up to five
years.
Mr. Lungren introduced H.R. 386 on January 20, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On January 26, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House by a voice vote. The bill was reported to the House on
February 11, 2011 as H. Rept. 112-11, Part 1. Under suspension,
the House passed the bill as amended by a voice vote.
The statutory language of H.R. 386 was included in Section
311 of the Conference Report to accompany H.R. 658, the ``FAA
Modernization and Reform Act of 2012''. On February 3, 2012,
the House agreed to the conference report (H. Rept. 112-381) by
a roll call vote of 248 yeas to 169 nays. H.R. 658 was signed
into law on February 14, 2012 becoming Public Law 112-95.
H.R. 394, the ``Federal Courts and Venue Clarification Act of
2011''
H.R. 394 amends the federal judicial code to declare that,
with respect to diversity of citizenship, the U.S. district
courts shall not have original jurisdiction of any civil action
between citizens of a state and citizens or subjects of a
foreign state who are lawfully admitted for permanent residence
in the United States and are domiciled in the same state.
Chairman Smith introduced H.R. 394 on January 24, 2011. The
bill was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On January 26, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House by voice vote. The bill was reported to the House on
February 11, 2011 as H. Rept. 112-10. On February 28, 2011,
under suspension, the bill passed the House as amended by a
roll call vote of 402 yeas to 1 nay. On December 2, 2011, the
bill was signed into law as Public Law 112-63.
H.R. 398, To amend the Immigration and Nationality Act to
toll, during active-duty service abroad in the Armed Forces,
the periods of time to file a petition and appear for an
interview to remove the conditional basis for permanent
resident status, and for other purposes
H.R. 398 amends the Immigration and Nationality Act to
toll, during active-duty service abroad in the Armed Forces,
the periods of time for an alien spouse or petitioning spouse
to file a petition and appear for an interview to remove the
conditional basis for permanent resident status.
Ms. Lofgren introduced H.R. 398 on January 24, 2011. The
bill was referred to the Subcommittee on Immigration Policy and
Enforcement. On January 26, 2011, the full Committee considered
the bill and ordered it reported favorably to the House by
voice vote. The bill was reported to the House on July 8, 2011
as H. Rept. 112-141, Part 1. On August 1, 2011, under
suspension the bill passed the House by a roll call vote of 426
yeas to 0 nays. H.R. 398 was signed into law on November 23,
2011 becoming Public Law 112-58.
H.R. 511, To amend title 18, United States Code, to prohibit
the importation of various injurious species of constrictor
snakes
H.R. 511 amends the federal criminal code to expand the
prohibition against the importation or shipment into the United
States, or its territories and possessions, of any injurious
animals to include the Indian python of the species Python
molurus bivittatus, the reticulated python of the species
Broghammerus reticulatus or Python reticulatus, the Northern
African python of the species Python sebae, the Southern
African python of the species Python natalensis, the boa
constricter of the species Boa constrictor, the yellow anaconda
of the species Eunectes notaeus, the DeSchauensee's anaconda of
the species Eunectes deschauenseei, the green anaconda of the
species Eunectes murinus, and the Beni anaconda of the species
Eunectes beniensis.
H.R. 511 was introduced by Mr. Thomas Rooney on January 26,
2011 and referred to the Subcommittee on Crime, Terrorism and
Homeland Security. The full Committee considered the bill at
markup on February 28, 2012 and ordered the bill favorably
reported as amended by a voice vote. On September 28, 2012,
Chairman Smith filed the committee report to accompany H.R. 511
with the House as H. Rept. 112-691, Part 1.
H.R. 514, the ``FISA Sunsets Extension Act of 2011''
H.R. 514 would extend expiring provisions of the USA
PATRIOT Improvement and Reauthorization Act of 2005 and the
Intelligence Reform and Terrorism Prevention Act of 2004
relating to access to business records, individual terrorists
as agents of foreign powers, and roving wiretaps until December
8, 2011.
Mr. Sensenbrenner introduced H.R. 514 on January 26, 2011
and the bill was referred to the Subcommittee on Crime on
February 7, 2011. During the House's consideration on February
8, 2011, H.R. 514 failed to pass under suspension of the rules
by a roll call vote of 277 years to 148 nays (2/3 required).
The House considered the measure again on February 14, 2011 and
H.R. 514 passed the House by a roll call vote of 275 yeas to
143 nays. On February 25, 2011, the President signed the
measure into law as Public Law 112-3.
H.R. 527, the ``Regulatory Flexibility Improvements Act of
2011''
H.R. 527 expands the range of rules and issues that must be
assessed under the Regulatory Flexibility Act of 1980; extends
to all agencies requirements to gather input on potential rules
from small business review panels; adds to requirements to
periodically review and reassess rules that have significant
impacts on substantial numbers of small entities; expands
judicial review; and grants the Small Business Administration
authority to promulgate government-wide rules on RFA and SBREFA
implementation.
Chairman Smith introduced H.R. 527 on February 8, 2011. The
bill was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On July 7, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a recorded vote of 18-8. The report to
accompany the bill was filed with the House on November 16,
2011 as H. Rept. 112-289, Part I and Part II. On December 1,
2011, the bill was considered pursuant to the provisions of H.
Res. 477 and the House adopted the amendment in the nature of a
substitute. The House then proceeded to pass the bill by a roll
call vote of 263 yeas to 159 nays.
H.R. 704, the ``SAFE for America Act''
H.R. 704 amends the Immigration and Nationality Act to
eliminate the diversity immigrant program.
Mr. Goodlatte introduced H.R. 704 on February 15, 2011. The
bill was referred to the Subcommittee on Immigration Policy and
Enforcement. On July 20, 2011, the full Committee considered
the bill and ordered it reported favorably to the House by a
recorded vote of 19 yeas to 11 nays. The bill was reported to
the House on November 10, 2011 as H. Rept. 112-275.
H.R. 822, the ``National Right-to-Carry Reciprocity Act of
2011''
H.R. 822 amends the federal criminal code to authorize a
person who is carrying a valid, government-issued
identification document containing that person's photograph and
a valid permit to carry a concealed firearm in one state, and
who is not prohibited from possessing, transporting, shipping,
or receiving a firearm under federal law, to possess or carry a
concealed handgun (other than a machine gun or destructive
device) in another state in accordance with the restrictions of
that state without respect to restrictions on eligibility.
Mr. Stearns introduced H.R. 822 on February 18, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On October 25, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a record vote of 19-11. The bill was
reported to the House on November 10, 2011 as H. Rept. 112-277.
The House considered the legislation on November 16, 2011,
pursuant to the provisions of H. Res. 463 and the bill passed
the House by a record vote of 272 yeas to 154 nays.
H.R. 963, the ``See Something, Say Something Act of 2011''
H.R. 963 amends the Homeland Security Act of 2002 to grant
immunity from civil liability to persons who, in good faith and
based on an objectively reasonable suspicion, report suspicious
activity indicating that an individual may be engaging, or
preparing to engage, in a violation of law relating to an act
of terrorism. H.R. 963 also grants qualified immunity from
civil liability to authorized officials who observe or receive
a report of such activity and take reasonable action in good
faith to respond. H.R. 963 also entitles authorized officials
or other persons found immune from civil liability under this
Act to recover reasonable costs and attorney fees.
Chairman Smith introduced H.R. 963 on March 8, 2011. The
bill was referred to the Subcommittee on the Constitution. On
July 20, 2011, the full Committee considered the bill and
ordered it reported favorably to the House by voice vote. The
bill was reported to the House on September 12, 2011 as H.
Rept. 112-204.
H.R. 966, the ``Lawsuit Abuse Reduction Act of 2011''
H.R. 966 amends the sanctions provisions in Rule 11 of the
Federal Rules of Civil Procedure to require the court to impose
sanctions on any attorney, law firm, or party that has
violated, or is responsible for the violation of, the rule with
regard to representations to the court. It also requires any
sanction to compensate parties injured by the conduct in
question.
Chairman Smith introduced H.R. 966 on March 9, 2011. The
bill was referred to the Subcommittee on the Constitution. On
July 7, 2011, the full Committee considered the bill and
ordered it reported favorably to the House as amended by a
recorded vote of 20 yeas to 13 nays. The report to accompany
the bill was reported to the House on July 21, 2011 as H. Rept.
112-174.
H.R. 1002, the ``Wireless Tax Fairness Act of 2011''
H.R. 1002 prohibits state and local governments from
imposing new discriminatory taxes on wireless telecommunication
services, products, or providers.
Ms. Lofgren introduced H.R. 1002 on March 10, 2011. The
bill was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On July 14, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by voice vote. The bill was reported to the
House on July 29, 2011 as H. Rept. 112-188. On November 1,
2011, the House passed the measure by a voice vote under
suspension of the rules.
H.R. 1021, the ``Temporary Bankruptcy Judgeships Extension Act
of 2011''
H.R. 1021 extends the temporary office of bankruptcy judges
authorized for specified districts under the Bankruptcy
Judgeship Act of 1992 and other provisions of the federal
judicial code until the applicable vacancy occurs in the office
of a bankruptcy judge in such respective districts. The bill
also prohibits filling specified bankruptcy judge vacancies
occurring more than five years after enactment of this Act and
resulting from the death, retirement, resignation, or removal
of a bankruptcy judge.
Chairman Smith introduced H.R. 1021 on March 10, 2011. The
bill was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On March 17, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by voice vote. The bill was reported to the
House on July 19, 2011 as H. Rept. 112-152. A substantially
similar bill, H.R. 4967, was passed by the House by unanimous
consent on May 9, 2012, and became Public Law 112-121 on May
25, 2012.
H.R. 1059, To protect the safety of judges by extending the
authority of the Judicial Conference to redact sensitive
information contained in their financial disclosure reports,
and for other purposes
H.R. 1059 extends the authority of the Judicial Conference
of the United States to redact sensitive information contained
in judges' financial disclosure reports.
Ranking Member Conyers introduced H.R. 1059 on March 14,
2011. The bill was referred to the Subcommittee on Courts,
Commercial and Administrative Law. On July 20, 2011, the full
Committee considered the bill and ordered it reported favorably
to the House by voice vote. The report to accompany the bill
was filed on July 29, 2011 as H. Rept. No. 112-189. On
September 12, 2011, under suspension of the rules, the House
passed H.R. 1059 by a roll call vote of 384 yeas to 0 nays. On
November 17, 2011, the Senate passed the bill with an amendment
by unanimous consent. On December 20, 2011 the House agreed to
the Senate amendment by a voice vote. H.R. 1059 was signed into
law on January 3, 2012 becoming Public Law 112-84.
H.R. 1249, the ``America Invents Act''
H.R. 1249 makes significant changes to federal patent law,
including changing the patent award system from a ``first to
invent'' to a ``first to file.''
Chairman Smith introduced H.R. 1249 on March 30, 2011. The
bill was referred to the Subcommittee on Intellectual Property,
Competition and the Internet. On April 14, 2011, the full
Committee considered the bill and ordered it reported favorably
to the House as amended by a recorded vote of 32 yeas to 3
nays. The bill was reported to the House on June 1, 2011 as H.
Rept. 112-98, Part I. The measure passed the House by a roll
call vote of 304 yeas to 117 nays on June 23, 2011. The
President signed H.R. 1249 into law on September 16, 2011
becoming Public Law 112-29.
H.R. 1254, the ``Synthetic Drug Control Act of 2011''
H.R. 1254 amends the Controlled Substances Act to add as
schedule I controlled substances any material, compound,
mixture, or preparation which contains cannabimimetic agents
(or the salts, isomers, or salts of isomers thereof), and
certain hallucinogenic substances.
Mr. Dent introduced H.R. 1254 on March 30, 2011. The bill
was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On October 27 and November 3, 2011, the full
Committee considered the bill and ordered it reported favorably
to the House as amended by voice vote. The bill was reported to
the House on November 22, 2011 as H. Rept. 112-295, Part II. On
December 8, 2011, the bill passed the House as amended by a
roll call vote of 317 yeas to 98 nays. The main provisions
contained in this bill were incorporated into S. 3187, the
``Food and Drug Administration Safety and Innovation Act''. The
President signed into law on July 9, 2012 becoming Public Law
112-144.
H.R. 1433, the ``Private Property Rights Protection Act of
2011''
Mr. Sensenbrenner introduced H.R. 1433 on April 7, 2011.
The bill was referred to the Subcommittee on the Constitution.
H.R. 1433 prohibits state and local governments that receive
Federal economic development funds from using eminent domain to
transfer private property from one private owner to another for
the purpose of economic development. Specifically, if a state
or political subdivision of a state uses its eminent domain
power to transfer private property to other private parties for
economic development, the state is ineligible to receive
Federal economic development funds for 2 fiscal years following
a judicial determination that the law has been violated.
Additionally, the bill prohibits the Federal Government from
using eminent domain for economic development purposes. Thus,
the bill preserves the constitutional protections for private
property jeopardized by the Supreme Court's decision in Kelo v.
City of New London.
The Committee began consideration of the bill on July 28,
2011 and continued consideration on December 1, 2011, and
January 24, 2012. On January 24, 2012, the full Committee
considered the bill and ordered the measure reported as amended
by a roll call vote of 23 yeas to 5 nays. The bill was reported
to the House on February 17, 2012 as H. Rept. 112-401. On
February 28, 2012 the bill passed the House as amended by a
voice vote.
H.R. 1439, the ``Business Activity Tax Simplification Act of
2011''
H.R. 1439 prohibits a state from imposing a net corporate
income or other business activity tax on a business that lacks
a physical presence within the state.
Mr. Goodlatte introduced H.R. 1439 on April 8, 2011. The
bill was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On July 7, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House by a voice vote. The bill was reported to the House on
October 21, 2011 as H. Rept. No. 112-257.
H.R. 1550, the ``Federal Law Enforcement Recruitment and
Retention Act of 2011''
H.R. 1550 directs the Attorney General and the Secretary of
Homeland Security to: establish a program within the Department
of Justice and the Department of Homeland Security,
respectively, to recruit individuals for authorized federal law
enforcement and security positions in states that have
experienced a high rate of homicides and other violent crimes;
and designate a federal coordinator of such program. It
requires each coordinator to: consult with the chief executive
of, and with law enforcement agencies in, such states to
determine how additional federal personnel can help; and
coordinate program implementation.
Mr. Pierluisi introduced H.R. 1550 on April 14, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On July 20, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a voice vote. The bill was reported to the
House on November 22, 2011 as H. Rept. 112-293.
H.R. 1741, the ``Secure Visas Act''
H.R. 1741 provides for the placement of Department of
Homeland Security visa security units at specified U.S.
consular posts overseas and eliminates judicial review of
removal proceedings based upon visa revocations.
Chairman Smith introduced H.R. 1741 on May 5, 2011. The
bill was referred to the Subcommittee on Immigration Policy and
Enforcement. On June 23, 2011, the full Committee considered
the bill and ordered it reported favorably to the House as
amended by a record vote of 17 yeas to 11 nays. The report to
accompany the bill was filed on March 8, 2012 as H. Rept. 112-
411.
H.R. 1775, the ``Stolen Valor Act of 2012''
H.R. 1775 amends the federal criminal code to subject an
individual who, with intent to obtain anything of value,
knowingly makes a misrepresentation regarding his or her
military service to: (1) a fine, one year's imprisonment, or
both if the misrepresentation is that such individual served in
a combat zone or in a special operations force or was awarded
the Congressional Medal of Honor; and (2) a fine, six months'
imprisonment, or both, in any other case.
The bill also provides that: (1) this Act shall not apply
to a misrepresentation that an individual did not serve in the
Armed Forces, and (2) it is a defense to prosecution that the
thing of value is de minimis.
Mr. Heck from Nevada introduced the measure on May 5, 2011.
The Committee favorably reported the bill, as amended in the
nature of a substitute, by a voice vote on August 1, 2012. The
report to accompany the bill was filed on September 10, 2012 as
H. Rept. 112-650. The House began consideration of the bill on
September 11, 2012. H.R. 1775, as amended, passed the House by
a roll call vote of 410 yeas to 3 nays, two-thirds required on
September 13, 2012.
H.R. 1800, the ``FISA Sunsets Reauthorization Act of 2011''
H.R. 1800 amends the USA PATRIOT Improvement and
Reauthorization Act of 2005 to extend through 2017 a provision
granting roving electronic surveillance authority. It also
amends the Intelligence Reform and Terrorism Prevention Act of
2004 to make permanent a provision revising the definition of
an ``agent of a foreign power'' to include any non-U.S. person
who engages in international terrorism or preparatory
activities (``lone wolf'' provision).
Mr. Sensenbrenner introduced H.R. 1800 on May 6, 2011. On
May 12, 2011, the full Committee considered the bill and
ordered it reported favorably to the House by a recorded vote
of 22 yeas to 13 nays. The bill was reported to the House on
May 18, 2011 as H. Rept. 112-79, Part I. The Senate companion
legislation, S. 990, the ``PATRIOT Sunsets Extension Act of
2011'' pass the House in lieu of H.R. 1800 on May 26, 2011 by a
roll call vote of 250 yeas to 153 nays. This measure extended
the two authorities and the ``lone wolf'' provision through
June 1, 2015. The bill, S. 990, was signed by the President on
May 26, 2011 becoming Public Law 112-14.
H.R. 1860, the ``Digital Goods and Services Tax Fairness Act
of 2011''
The bill prohibits a state or local jurisdiction from
imposing multiple or discriminatory taxes on or with respect to
the sale or use of digital goods or services delivered or
transferred electronically to a customer. It excludes from the
definition of ``digital service'' telecommunications service,
Internet access service, or audio or video programming service.
It restricts taxation of digital goods and services to the
retail sale of such goods and services and by the jurisdiction
encompassing a customer's tax address.
H.R. 1860 prohibits the use of existing regulations or
administrative rulings relating to the taxation of tangible
personal property or other services to impose any tax on the
sale or use of digital goods or services. The bill grants
jurisdiction to federal district courts to prevent a violation
of this Act, without regard to the amount in controversy or the
citizenship of the parties.
It expresses the sense of Congress that each state shall
take reasonable steps to prevent multiple taxation of digital
goods and services where a foreign country has imposed a tax on
such goods and services.
H.R. 1860 was introduced on May 12, 2011 by Chairman Lamar
Smith and referred to the Subcommittee on Courts, Commercial
and Administrative Law. The Subcommittee convened a hearing on
May 23, 2011. On June 28, 2012, the full Committee favorably
reported the bill as amended by a voice vote.
H.R. 1864, the ``Mobile Workforce State Income Tax
Simplification Act of 2011''
H.R. 1864 prohibits a state from imposing an income tax on
a nonresident employee if such employee has not earned wages
for work performed in the state for 30 or fewer days.
Mr. Coble introduced H.R. 1864 on May 12, 2011. The bill
was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On November 17, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by voice vote. The Committee filed the report
to accompany the bill as H. Rept. No. 112-386 on February 3,
2012. Under suspension of the rules, the House passed the bill
by a voice vote on March 15, 2012.
H.R. 1932, the ``Keep Our Communities Safe Act of 2011''
H.R. 1932 provides U.S. Immigration and Customs Enforcement
with the ability to detain beyond the removal period certain
immigrants considered dangerous who have been ordered removed
but who cannot be removed; it also makes a number of statutory
changes regarding the detention of immigrants before and during
removal proceedings.
Chairman Smith introduced H.R. 1932 on May 23, 2011. The
bill was referred to the Subcommittee on Immigration Policy and
Enforcement. On July 14, 2011, the full Committee considered
the bill and ordered it reported favorably to the House as
amended by a recorded vote of 17 yeas to 14 nays. The bill was
reported to the House on October 18, 2011 as H. Rept. 112-255.
H.R. 1933, To amend the Immigration and Nationality Act to
modify the requirements for admission of nonimmigrant nurses in
health professional shortage areas
H.R. 1933 amends the Immigration and Nationality Act to
modify the requirements for admission of nonimmigrant nurses in
health professional shortage areas.
Chairman Smith introduced H.R. 1933 on May 23, 2011. On
June 23, 2011, the full Committee considered the bill and
ordered it reported favorably to the House as amended by voice
vote. The bill was reported to the House on July 19, 2011 as H.
Rept. 112-153. On August 1, 2011, it was considered pursuant to
the suspension calendar and passed the House by a roll call
vote of 407 yeas to 17 nays.
H.R. 1950, To enact title 54, United States Code, ``National
Park System'', as positive law
H.R. 1950 enacts title 54 of the United States Code into
positive law to be entitled ``National Park System.''
Additionally, the bill makes conforming changes to existing law
and repeals specified provisions of specified laws.
Chairman Lamar Smith introduced H.R. 1950 on May 23, 2011.
The full Committee considered the bill on July 10, 2012 and
favorably reported the bill, as amended, by a voice vote. On
July 31, 2012, the report to accompany the bill was filed as H.
Rept. 112-631 and the House also began consideration of the
measure. The motion to suspend the rules and pass the bill, as
amended, was agreed to by a voice vote on August 1, 2012.
H.R. 1981, the ``Protecting Children from Internet
Pornographers Act of 2011''
H.R. 1981 creates a new federal offense for the financial
facilitation of child pornography. This offense does not apply
to financial transactions conducted by a person in cooperation
with, or with the consent of, a federal, state or local law
enforcement agency. The legislation adds as predicate offenses
to the money laundering statute provisions regarding: (1) such
financial facilitation of access to child pornography, and (2)
obscene visual representation of the abuse of children.
H.R. 1981 requires commercial providers of an electronic
communication service to retain for one year a log of the
temporarily assigned network addresses the provider assigns to
a subscriber or customer. The legislation bars any cause of
action against a provider for retaining records as required and
makes a good faith reliance on the requirement to retain
records a complete defense to a civil action.
H.R. 1981 expresses the sense of Congress that such records
should be stored securely to protect customer privacy and
prevent against potential breaches of the records. The
legislation directs the Attorney General to study the privacy
standards implemented by providers with regard to compliance
with the retention requirement and the frequency of any
reported breaches of such data.
H.R. 1981 allows the issuance of an administrative subpoena
for the investigation of unregistered sex offenders by the
United States Marshals Service.
H.R. 1981 requires a U.S. district court to issue a
protective order prohibiting harassment or intimidation of a
minor victim or witness if the court finds evidence that the
conduct at issue is reasonably likely to adversely affect the
willingness of the minor witness or victim to testify or
otherwise participate in a federal criminal case or
investigation.
H.R. 1981 directs the United States Sentencing Commission
to review and amend federal sentencing guidelines and policy
statements to ensure that such guidelines provide an additional
penalty for obstruction of justice, namely witness
intimidation, associated with sex trafficking of children and
other child abuse crimes. Finally, the legislation imposes a
fine and/or prison term of up to 20 years for the possession of
pornographic images of a child under the age of 12.
Chairman Smith introduced H.R. 1981 on May 25, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On July 28, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a roll call vote of 19 yeas to 10 nays. The
bill was reported to the House on November 10, 2011 as H. Rept.
112-281, Part I.
H.R. 1996, the ``Government Litigation Savings Act''
H.R. 1996 revises provisions of the Equal Access to Justice
Act and the federal judicial code relating to the fees and
other expenses of parties in agency proceedings and court cases
against the federal government to: (1) restrict awards of fees
and other expenses under such Act to prevailing parties with a
direct and personal monetary interest in an adjudication,
including because of personal injury, property damage, or an
unpaid agency disbursement; (2) require the reduction or denial
of awards commensurate with pro bono hours and related fees and
expenses to parties who have acted in an obdurate, dilatory,
mendacious, or oppressive manner or in bad faith; (3) limit
awards to not more than $200,000 in any single adversary
adjudication or for more than three adversary adjudications in
the same calendar year (unless the adjudicating officer or
judge determines that a higher award is required to avoid
severe and unjust harm to the prevailing party); and (4) expand
the reporting requirements of the Chairman of the
Administrative Conference of the United States with respect to
fees and other expenses awarded to prevailing parties during
the preceding fiscal year.
Ms. Lummis introduced H.R. 1996 on May 25, 2011. The bill
was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On November 17, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a recorded vote of 19 yeas to14 nays. On
July 11, 2012, the report to accompany the bill was filed with
the House as H. Rept. 112-594.
H.R. 2076, the ``Investigative Assistance for Violent Crimes
Act of 2011''
H.R. 2076 authorizes the Attorney General and the Director
of the Federal Bureau of Investigation, at the request of an
appropriate law enforcement official of a state or political
subdivision, to assist in the investigation of violent acts and
shootings occurring in venues such as schools, colleges,
universities, nonfederal office buildings, malls, and other
public places, and in the investigation of mass killings and
attempted mass killings.
Mr. Gowdy introduced H.R. 2076 on June 1, 2011. The bill
was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On July 20, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a voice vote. The bill was reported to the
House on July 29, 2011 as H. Rept. 112-186. H.R. 2076 passed
the House under suspension on September 12, 2011, as amended,
by a roll call vote of 358 yeas to 9 nays.
H.R. 2189, the ``Death in Custody Reporting Act of 2011''
H.R. 2189 requires states that receive certain criminal
justice assistance grants to report to the Attorney General on
a quarterly basis certain information regarding the death of
any person who is detained, under arrest, in the process of
being arrested, en route to incarceration, or incarcerated at a
municipal or county jail, state prison, state-run or contracted
boot camp prison, state or local contract facility, or other
local or state correctional facility. It also imposes penalties
of up to a 10% reduction of federal Byrne Justice Assistance
Grant funding, at the Attorney General's discretion, on states
that fail to comply with such reporting requirements.
Mr. Scott of Virginia introduced H.R. 2189 on June 15,
2011. On August 1, 2011, the full Committee considered the bill
and ordered it reported favorably to the House by voice vote.
The bill was reported to the House on September 7, 2011 as H.
Rept. 112-198. On September 20, 2011, the House agreed to
suspend the rules and pass the bill by a roll call vote of 398
yeas to 18 nays.
H.R. 2192, the ``National Guard and Reservist Debt Relief
Extension Act of 2011''
H.R. 2192 extends for a period of four years an existing
carve-out from the Bankruptcy Code's ``means test'' (section
707) for qualifying members of the National Guard and military
reserves.
Mr. Cohen introduced H.R. 2192 on June 15, 2011. The bill
was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On September 21, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House by voice vote. The bill was reported to the House on
October 18, 2011 as H. Rept. 112-256. The House passed the bill
on November 29, 2011 by a roll call vote of 407 yeas to 1 nay.
On December 13, 2011, the measure was signed into law as Public
Law 112-64.
H.R. 2299, the ``Child Interstate Abortion Notification Act''
H.R. 2299 amends the federal criminal code to prohibit
transporting a minor child across a state line to obtain an
abortion. The bill makes an exception for an abortion necessary
to save the life of the minor.
The bill makes it an affirmative defense to a prosecution
or civil action under this Act that a defendant: (1) reasonably
believed that before the minor obtained the abortion, the
required parental consent or notification or judicial
authorization took place; or (2) was presented with
documentation showing that a court waived parental notification
requirements or authorized the minor's abortion.
The legislation defines ``abortion'' as the termination of
a pregnancy with an intention other than to increase the
probability of a live birth, preserve the life or health of the
child after live birth, remove a dead unborn child who died as
the result of a spontaneous abortion, accidental trauma, or a
criminal assault on the pregnant female or her unborn child.
H.R. 2299 imposes a fine and/or prison term of up to one
year on a physician who performs or induces an abortion on an
out-of-state minor in violation of parental notification
requirements. It also requires such physician to give 24-hour
actual or constructive notice to a parent of the minor seeking
an abortion, subject to certain exceptions.
Mrs. Ros-Lehtinen introduced H.R. 2299 on July 22, 2011. It
was referred to the Subcommittee on the Constitution and a
hearing was held on March 8, 2012. On March 27, 2012 the
Committee considered the bill at markup and ordered the bill
favorably reported by a roll call vote of 20 yeas to 13 nays.
The report to accompany the bill was filed on September 14,
2012 as H. Rept. 112-671.
H.R. 2369, To amend title 36, United States Code, to provide
for an additional power for the American Legion under its
Federal charter
H.R. 2369 authorizes the American Legion under its federal
charter to provide guidance and leadership to the individual
Departments and Posts. It prohibits it from controlling or
otherwise influencing the specific activities and conduct of
independent, autonomous Departments and Posts.
Mr. Altmire introduced H.R. 2369 on June 24, 2011. The bill
was referred to the Subcommittee on Immigration Policy and
Enforcement. On November 3, 2011, the full Committee considered
the bill and ordered it reported favorably to the House by
voice vote. The report to accompany the bill was filed on
December 5, 2011 as H. Rept. 112-313.
The Senate companion bill, S. 1639, passed the Senate by
unanimous consent on October 6, 2011. On December 6, 2011, the
House considered the measure under suspension of the rules and
adopted the measure by a voice vote. The President signed the
bill into law on December 13, 2011 becoming Public Law 112-66.
H.R. 2471, To amend section 2710 of title 18, United States
Code, to clarify that a video tape service provider may obtain
a consumer's informed, written consent on an ongoing basis and
that consent may be obtained through the Internet
H.R. 2471 amend section 2710 of title 18, United States
Code, to clarify that a video tape service provider may obtain
a consumer's informed, written consent on an ongoing basis and
that consent may be obtained through the Internet.
Mr. Goodlatte introduced H.R. 2471 on July 8, 2011. The
bill was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. On October 13, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by voice vote. House Report 112-312 was filed
to accompany the bill on December 2, 2011. H.R. 2471 passed the
House under suspension by a roll call vote of 303 yeas to 116
nays on December 6, 2011.
H.R. 2480, the ``Administrative Conference of the United
States Reauthorization Act of 2011''
H.R. 2480 authorizes appropriations for the Administrative
Conference of the United States for FY2012-14.
Chairman Smith introduced H.R. 2480 on July 8, 2011. On
July 14, 2011, the full Committee considered the bill and
ordered it reported favorably to the House as amended by voice
vote. The bill was reported to the House on July 19, 2011 as H.
Rept. 112-154. The House passed the bill on August 1, 2011
under suspension by a roll call vote of 382 yeas to 23 nays.
H.R. 2552, the ``Identity Theft Improvement Act of 2011''
H.R. 2552 amends the federal criminal code to eliminate the
requirement in a prosecution for identity theft that the
prosecution must prove that the defendant knew that the stolen
identification documents belonged to another person.
Mr. Goodlatte introduced H.R. 2552 on July 15, 2011. On
July 20, 2011, the full Committee considered the bill and
ordered it reported favorably to the House by a recorded vote
of 16-10. The bill was reported to the House on September 8,
2011.
H.R. 2572, the ``Clean Up Government Act of 2011''
H.R. 2572 restores prosecutorial tools that had been eroded
by various court decisions including restoring ``undisclosed
self dealing'' by a public official as a scheme or artifice to
defraud, restoring a prohibition on the giving or receiving of
gratuities because of ``official position,'' adds to the
definition of ``official act,'' ``any act within the range of
official duty,'' increases penalties for public corruption and
related offenses, expands venue, increases the statute of
limitations for serious public corruption offenses, and adds
offenses as wiretap predicates.
The bill also makes clarifications to aid the successful
investigation and prosecution of public corruption offenses by
creating a mechanism, outside of the current internal
mechanism, for misconduct on the part of Federal judges (28
U.S.C. 360(a)); clarifies that the exemption for bona fide
salaries paid in the normal course of business applies only to
the statute's prohibition on giving or receiving ``anything of
value'' as a bribe (18 U.S.C. 666(c)), and the bill expands the
number of officials at the Department of Justice that can
certify government interlocutory appeals from a district court
suppressing or excluding evidence (18 U.S.C. 3731).
Mr. Sensenbrenner introduced H.R. 2572 on July 15, 2011.
The legislation was markup by the full Committee on December 1,
2011 and was ordered reported, as amended, by a roll call vote
of 30 yeas to 0 nays. On September 21, 2012, the report to
accompany the bill was filed as H. Rept. 112-688.
H.R. 2633, the ``Appeal Time Clarification Act of 2011''
H.R. 2633 amends federal judicial code requirements
concerning the time limits for the filing of appeals to any
judgment, order, or decree in a civil action, suit, or
proceeding.
Mr. Coble introduced H.R. 2633 on July 25, 2011. On July
27, 2011, the full Committee considered the bill and ordered it
reported favorably to the House by voice vote. The bill was
reported to the House on September 7, 2011 as H. Rept. 112-199.
On September 12, 2011, under suspension the House passed the
bill as amended by a roll call vote of 384 yeas to 0 nays. The
Senate considered the companion legislation, S. 1637 on October
31, 2011. S. 1637, in lieu of H.R. 2633, passed the Senate
without amendment by unanimous consent. On November 18, 2011,
S. 1637 was considered by unanimous consent and passed the
House without objection. The measure was signed into law on
November 29, 2011 becoming Public Law 112-62.
H.R. 2800, the ``Missing Alzheimer's Disease Patient Alert
Program Reauthorization Act of 2011''
H.R. 2800 reauthorizes the Department of Justice's Missing
Alzheimer's Disease Patient Alter program at $1 million a year
for fiscal years 2013 to 2017.
Ms. Waters from California introduced the bill on August 5,
2011. The Committee considered the legislation at markup on
August 1, 2012 and ordered the bill, as amended in the nature
of a substitute, favorably reported to the House by a voice
vote. The report to accompany the bill was filed as H. Rept.
112-651 on September 10, 2012. On September 11, 2012, the House
considered the measure under suspension of the rules and the
motion to pass the bill as amended was agreed to by a voice
vote.
H.R. 2815, To revise the Federal charter for the Blue Star
Mothers of America, Inc., to reflect a change in eligibility
requirements for membership
H.R. 2815 revises the membership eligibility requirements
of the federal charter for the Blue Star Mothers of America,
Inc. It redefines ``mother'' to mean a woman who filled the
role of birth mother. It adds, in addition to adoptive mother
and stepmother (as in the current charter), foster-mother,
grandmother, or legal guardian of a person who is serving in
the Armed Forces or has served in, or has been honorably
discharged from it (as in the current charter). The bill also
repeals the limitation to service in World War II or the Korean
hostilities of the Armed Forces service of the eligible
mother's son or daughter, and allows the eligible mother to be
a U.S. citizen living outside the United States. (Currently the
charter limits membership to eligible mothers living in the
United States.)
Mr. Tipton introduced H.R. 2815 on August 9, 2011. The bill
was referred to the Subcommittee on Immigration Policy and
Enforcement. On November 17, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House by voice vote. On December 5, 2011, the report to
accompany H.R. 2815 was filed as H. Rept. 112-314. The Senate
companion legislation, S. 1541, passed the Senate on November
18, 2011. The House passed the Senate language on December 6,
2011 by a voice vote. The President signed the measure into law
on December 13, 2011 becoming Public Law 112-65.
H.R. 2885, the ``Legal Workforce Act''
H.R. 2885 amends the Immigration and Nationality Act to
direct the Secretary of Homeland Security to establish an
employment eligibility verification system, patterned after the
E-Verify system, and eliminates the current paper-based I-9
system.
The bill also requires an employer to attest, during the
verification period and under penalty of perjury, that the
employer has verified that an individual is not an unauthorized
alien by obtaining and recording the individual's social
security account number, and examining specified documents that
establish such individual's identity and employment
authorization
Chairman Smith introduced H.R. 2885 on September 12, 2011.
The bill was referred to the Subcommittee on Immigration Policy
and Enforcement. On September 15, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by a recorded vote of 22 yeas to 13 nays.
H.R. 3010, the ``Regulatory Accountability Act of 2011''
The full Committee held a hearing on H.R. 3010 on October
25, 2011, at which it heard testimony from the Honorable C.
Boyden Gray, Esq., Boyden Gray & Associates, White House
Counsel (1989-93) and Ambassador to the European Union (2006-
07); Arnold Baker, Chair of the National Black Chamber of
Commerce and CEO of Baker Ready-Mix, a concrete supply company
in New Orleans; the Honorable Christopher DeMuth, Administrator
of the Office of Information and Regulatory Affairs (OIRA)
(1981-1984) and President of the American Enterprise Institute
(1986-2008); and Professor Sidney Shapiro, University
Distinguished Chair in Law, Wake Forest University School of
Law. (Serial No. 112-75)
H.R. 3010 amends the Administrative Procedure Act to revise
and expand the requirements for federal agency rulemaking by
requiring agencies, in making a rule, to base all preliminary
and final determinations on evidence and to consider the legal
authority under which the rule may be proposed, the specific
nature and significance of the problem the agency may address
with the rule, any reasonable alternatives for the rule, and
the potential costs and benefits associated with such
alternatives.
H.R. 3010 also requires agencies to publish advance notice
of proposed rulemaking for major rules and for high-impact
rules (rules having an annual cost on the economy of $100
million or $1 billion or more, respectively), which shall
include a written statement identifying the nature and
significance of the problem the agency may address with a rule,
the legal authority under which the rule may be proposed, and a
solicitation for written data and comments from interested
persons.
H.R. 3010 sets forth criteria for issuing major guidance
(agency guidance that is likely to lead to an annual cost on
the economy of $100 million or more, a major increase in cost
or prices, or significant adverse effects on competition,
employment, investment, productivity, innovation, or ability to
compete).
H.R. 3010 expands the scope of judicial review of agency
rulemaking by allowing immediate review of rulemaking not in
compliance with notice requirements and establishing a
substantial evidence standard for affirming agency rulemaking
decisions.
Chairman Smith introduced H.R. 3010 on September 22, 2011.
The bill was referred to the Subcommittee on Courts, Commercial
and Administrative Law. On November 3, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended in the nature of a substitute by a roll call
vote of 16 yeas to 6 nays. The Committee filed its report to
accompany the legislation on November 22, 2011 as H. Rept. No.
112-291. The House considered the bill pursuant to the
provisions of H. Res. 477 and adopted the Committee's amendment
in the nature of a substitute. On December 2, 2011, the bill
passed the House by a roll call vote of 253 yeas to 167 nays.
H.R. 3012, the ``Fairness for High-Skilled Immigrants Act of
2011''
H.R. 3012 amends the Immigration and Nationality Act to:
(1) eliminate the per country numerical limitation for
employment-based immigrants, and (2) increase the per country
numerical limitation for family based immigrants. It also
amends the Chinese Student Protection Act of 1992 to eliminate
the provision requiring the reduction of annual Chinese (PRC)
immigrant visas to offset status adjustments under such Act.
Mr. Chaffetz introduced H.R. 3012 on September 22, 2011.
The bill was referred to the Subcommittee on Immigration Policy
and Enforcement. On October 27, 2011, the full Committee
considered the bill and ordered it reported favorably to the
House as amended by voice vote. The bill was reported to the
House on November 18, 2011 as H. Rept. 112-292. Under
suspension of the rules, H.R. 3012 passed the House on November
29, 2011 by a roll call vote of 389 yeas to 15 nays.
H.R. 3120, the ``Student Visa Reform Act''
H.R. 3120 amends the Immigration and Nationality Act to
require that a person coming to study at a college, university,
or language training program in the United States under a
nonimmigrant student F-visa must attend an institution that is
accredited by an accrediting agency recognized by the Secretary
of Education. The bill also provides a three-year exemption for
students coming to study at a college or university that has
been certified by the Secretary of Homeland Security (DHS) but
not yet accredited by an accrediting agency. The bill
authorizes, under specified circumstances, the Secretary to
require other academic institutions (except religious
institutions) to be similarly accredited for F-visa purposes.
Rep. Zoe Lofgren introduced H.R. 3120 on October 6, 2011
and it was referred to the Subcommittee on Immigration Policy
and Enforcement. The full Committee considered the bill on June
28, 2012 and ordered the measure favorably reported as amended
by a voice vote. The report to accompany the bill was filed on
July 12, 2012 as H. Rept. 112-595. The House considered the
bill under suspension of the rules on July 31, 2012 and H.R.
3120 as amended passed the House by a voice vote on August 1,
2012.
H.R. 3179, the ``Marketplace Equity Act of 2011''
H.R. 3179 grants to states the authority to collect sales
taxes from vendors that lack a physical presence in state.
Rep. Steve Womack introduced H.R. 3179 on October 13, 2011.
The full Committee held a hearing on the bill on July 24, 2012.
The following witnesses testified at the hearing: Hon. Steve
Womack; Hon. Jackie Speier; Hon. Bill Haslam; Hon. Wayne
Harper; Hanns Kuttner; Steve DelBianco; and Joseph Henchman.
H.R. 3261, the ``Stop Online Piracy Act''
The full Committee convened a hearing on H.R. 3261 on
November 16, 2011, at which it heard testimony from Maria
Pallante (Register of Copyrights), John Clark (CSO and VP of
Global Security for Pfizer), Michael O'Leary (Senior Executive
and VP for Global Policy and External Affairs of the MPAA),
Linda Kirkpatrick (Group Head, Customer Performance Integrity
at Mastercard), Katherine Oyama (Policy Counsel, Google), and
Paul Almeida (President, Department of Professional Employees,
AFL-CIO).
H.R. 3261 was introduced by Chairman Lamar Smith on October
26, 2011. The full Committee considered the legislation at
markup meetings on December 15 and 16, 2011.
H.R. 3534, the ``Security In Bonding Act of 2012''
H.R. 3534 revises the requirements related to assets
pledged by a surety. It declares that if another applicable law
or regulation permits the acceptance of a bond from a surety
that is not subject to specified federal law, and is based on a
pledge of assets by the surety, the assets pledged by such
surety shall: (1) consist of eligible obligations given as
security instead of surety bonds; and (2) be submitted to the
government official required to approve or accept the bond, who
shall deposit the assets with a depository (the Secretary of
the Treasury, a federal reserve bank, or a depository
designated by the Secretary). It also requires the Comptroller
General to study: (1) all instances during the 10-year period
before the enactment of this Act in which a surety bond
proposed or issued by a surety in connection with a federal
project was rejected by a federal contracting officer, or
accepted but was later found to have been backed by
insufficient collateral or to be otherwise deficient or with
respect to which the surety did not perform; (2) the
consequences to the federal government, subcontractors, and
suppliers of such instances, and (3) the percentages of all
federal contracts that were awarded to small disadvantaged
businesses and disadvantaged business enterprises as prime
contractors in the two-year period before and after the
enactment of the Act, and an assessment of its impact upon such
percentages.
Mr. Hanna introduced H.R. 3534 on December 1, 2011. The
bill was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On March 20, 2012, the full Committee
considered the bill and ordered it reported favorably to the
House as amended in the nature of a substitute by voice vote.
The Committee filed its report to accompany the legislation on
April 27, 2012, as H. Rept. No. 112-460. The House considered
the bill under suspension of the rules on May 15, 2012, and
passed the bill by voice vote.
H.R. 3541, the ``Susan B. Anthony and Frederick Douglass
Prenatal Nondiscrimination Act of 2011''
H.R. 3541 imposes criminal penalties on anyone who
knowingly or knowingly attempts to: (1) perform an abortion
knowing that the abortion is sought based on the sex, gender,
color or race of the child, or the race of a parent; (2) use
force or the threat of force to intentionally injure or
intimidate any person for the purpose of coercing a sex-
selection or race-selection abortion; (3) solicit or accept
funds for the performance of such an abortion; or (4) transport
a woman into the United States or across a state line for the
purpose of obtaining such an abortion.
H.R. 3541 authorizes civil actions, for verifiable money
damages for injuries and punitive damages, by: (1) fathers, or
maternal grandparents if the mother is an unemancipated minor,
of unborn children who are the subject of an abortion performed
or attempted through any of the above violations; and (2) women
upon whom an abortion has been performed or attempted with a
knowing or attempted use of force or threat of force to
intentionally injure or intimidate any person for the purpose
of coercing a sex-selection or race-selection abortion.
The bill authorizes, to prevent an abortion provider from
performing or attempting further abortions in violation of this
Act, injunctive relief to be obtained by the women upon whom
such an abortion is performed or attempted, spouses or parents
of a woman upon whom such an abortion is performed, or the
Attorney General (DOJ).
The bill also deems a violation of the Act to be prohibited
discrimination under title VI (Federally Assisted Programs) of
the Civil Rights Act of 1964. (Violators of title VI lose
federal funding.) It requires a medical or mental health
professional to report known or suspected violations to law
enforcement authorities. Additionally it imposes criminal
penalties for a failure to so report. It also prohibits a woman
having such an abortion from being prosecuted or held civilly
liable.
The bill excludes from the definition of ``abortion''
actions taken to terminate a pregnancy if the intent is to save
the life or preserve the health of the unborn child, remove a
dead unborn child caused by spontaneous abortion, or remove an
ectopic pregnancy.
Mr. Franks introduced H.R. 3541 on December 1, 2011. It was
referred to the Subcommittee on the Constitution for
consideration. The full Committee met on February 7, 8, and 16,
2012 to consider the bill. The measure was favorably reported
as amended by a roll call vote of 20 yeas to 13 nays on
February 16, 2012. The report to accompany the legislation was
filed on May 29, 2012 as H. Rept. 112-496. Under suspension of
the rules on May 30, 2012, H.R. 3541, failed to pass the House
by a roll call vote of 246 yeas to 168 nays, 2/3 required.
H.R. 3668, the ``Counterfeit Drug Penalty Enhancement Act of
2012''
The bill amends the federal criminal code to establish
criminal penalties of a fine, imprisonment for not more than 20
years, or both, for trafficking in counterfeit drugs.
Additionally, the bill states that nothing in this Act shall be
construed to apply to a drug solely because the drug is
manufactured in or imported from a foreign country.
H.R. 3668 was introduced on December 14, 2011 by Rep.
Patrick Meehan and was referred to the Subcommittee on Crime,
Terrorism and Homeland Security. On June 6, 2012, the full
Committee favorably reported the bill as amended by a voice
vote. Under suspension of the rules, the House passed the bill,
as amended, on July 18, 2012.
H.R. 3796, the ``Adam Walsh Reauthorization Act of 2012''
H.R. 3796 amends the Adam Walsh Child Protection and Safety
Act of 2006 to authorize appropriations through 2017 for: (1)
the Sex Offender Management Assistance (SOMA) program, (2) the
Jessica Lunsford Address Verification Grant Program, and (3)
federal assistance to states in locating and apprehending sex
offenders who violate sex offender registration requirements.
The bill requires a tier III sex offender adjudicated
delinquent for an offense which required registration in a sex
registry to maintain a clean record for 15 (currently, 25)
years to qualify for a reduction in the period for which such
offender must keep such registration current.
Rep. F. James Sensenbrenner introduced the bill on January
19, 2012. The full Committee considered the bill on July 18,
2012 and ordered the measure, as amended, favorably reported to
the House by a voice vote. The report to accompany the bill was
filed on July 31, 2012 as H. Rept. 112-637. Under suspension of
the rules, the House passed H.R. 3796, as amended, by a voice
vote on August 1, 2012.
H.R. 3803, the ``District of Columbia Pain-Capable Unborn
Child Protection Act''
H.R. 3803 amends the federal criminal code to prohibit any
person from performing or attempting to perform an abortion
within the District of Columbia except in conformity with this
Act's requirements.
It requires the physician to first make a determination of
the probable post-fertilization age of the unborn child, or
reasonably rely upon such a determination made by another
physician, by making inquiries of the pregnant woman and
performing such medical examinations and tests as a reasonably
prudent physician would consider necessary.
It prohibits the abortion from being performed if the
probable post-fertilization age of the unborn child is 20 weeks
or greater. It provides an exception where necessary to save
the life of a pregnant woman whose life is endangered by a
physical disorder, illness, or injury, excluding psychological
or emotional conditions or any claim or diagnosis that the
woman will engage in conduct intended to result in her death.
It permits a physician to terminate a pregnancy under such
exception only in the manner which provides the best
opportunity for the unborn child to survive, unless termination
of the pregnancy in that manner would pose a greater risk of
the death or substantial and irreversible physical impairment
of a major bodily function, not including psychological or
emotional conditions, of the pregnant woman than would other
available methods.
H.R. 3803 prescribes penalties for violations. It bars
prosecution of a woman upon whom an abortion is performed in
violation of this Act, but authorizes such a woman or the
father or maternal grandparent of the unborn child to obtain
appropriate relief through a civil action. The bill provides
for injunctive relief to prevent violations. It sets forth
specified privacy protections in court proceedings for the
woman upon whom an abortion has been performed.
The measure requires any physician who performs an abortion
within the District to report it to the Department of Health of
the District of Columbia, which shall issue annual public
reports.
H.R. 3803 was introduced by Rep. Trent Franks on January
23, 2012 and was referred to the Subcommittee on the
Constitution. The full Committee considered the bill at markup
on July 18, 2012 and favorably reported the bill as amended by
a roll call vote of 18 yeas to 14 nays. On July 31, 2012, the
Committee reported the bill to the House as H. Rept. 112-640,
Part I. Also on July 31, 2012, the motion to suspend the rules
and pass the bill, as amended, failed by a roll call vote of
220 yeas to 154 nays, two-thirds affirmative vote required.
H.R. 3862, the ``Sunshine for Regulatory Decrees and
Settlements Act''
Section 2 of this bill states that the provisions of this
Act shall apply to: (1) a consent decree or settlement
agreement in an action to compel agency action alleged to be
unlawfully withheld or unreasonably delayed that pertains to a
regulatory action that affects the rights of private parties
other than the plaintiff or the rights of state, local, or
tribal governments brought under judicial review provisions of
the U.S. Code or under any other statute authorizing such an
action; and (2) any other consent decree or settlement
agreement that requires agency action that pertains to a
regulatory action that affects the rights of private parties
other than the plaintiff or the rights of state, local, or
tribal governments.
The section also sets forth requirements with respect to
actions to be resolved by a consent decree or settlement
agreement under this Act, including requiring: (1) publication
in a readily accessible manner (including electronically) of
the complaint, the consent decree or settlement agreement, the
statutory basis for the decree or agreement and its terms, and
any award of attorneys' fees or costs; (2) an opportunity for
affected parties to intervene in an action prior to the entry
of a consent decree or settlement agreement; (3) referral to a
mediation or alternative dispute resolution program after a
motion to intervene is granted; (4) an opportunity for public
comment on a proposed consent decree or settlement agreement
before it is filed with a court; and (5) approval by the
Attorney General of any proposed consent decree or settlement
agreement in cases litigated by the Department of Justice
(DOJ).
Additionally, section 2 requires each agency to submit an
annual report to Congress on the number, identity, and content
of complaints, consent decrees, and settlement agreements for
that year, including the statutory basis for each decree or
agreement and its terms, and any awards of attorneys' fees or
costs in actions resolved by decrees or agreements.
Section 3 requires a court to grant de novo review to any
motion filed by an agency to modify a previously-entered
consent decree if the basis of such motion is that the terms of
the decree are no longer fully in the public interest due to
the agency's obligations to fulfill other duties or due to
changed facts and circumstances.
Section 4 makes the provisions of this Act applicable to
any covered consent decree or settlement agreement proposed to
a court after the enactment of this Act.
H.R. 3862 was introduced by Rep. Ben Quayle on February 1,
2012. The full Committee considered the legislation on March
20, and 27, 2012. On March 27, 2012, H.R. 3862 was favorably
reported, as amended, by the Committee by a roll call vote of
20 yeas to 10 nays. The report to accompany the bill was filed
with the House on July 11, 2012 as H. Rept. 112-593. The
provisions on this measure were incorporated into H.R. 4078,
the ``Red Tape Reduction and Small Business Job Creation Act''.
H.R. 3992, To allow otherwise eligible Israeli nationals to
receive E-2 nonimmigrant visas if similarly situated United
States nationals are eligible for similar nonimmigrant status
in Israel
Mr. Berman introduced the bill on February 9, 2012. The
legislation makes Israeli nationals eligible to enter the
United States as E-2 visa nonimmigrant investors as provided
for under the Immigration and Nationality Act if Israel
provides reciprocal nonimmigrant treatment to U.S. nationals.
The full Committee consideration the bill at markup on
February 28, 2012 and reported the bill favorably by a voice
vote. The report to accompany the bill was filed on March 8,
2012 as H. Rept. 112-410. The House considered the bill on
March 19, 2012. The motion to suspend the rules and pass the
bill was agreed to by a roll call vote of 371 yeas to 0 nays,
2/3 required. On June 8, 2012, the bill was signed by the
President becoming Public Law 112-130.
H.R. 4018, the ``Public Safety Officers' Benefits Improvements
Act of 2012''
H.R. 4018 was introduced on February 14, 2012 by Rep. Mike
Fitzpatrick. H.R. 4018 amends the Omnibus Crime Control and
Safe Streets Act of 1968 to revise provisions concerning public
safety officer death or disability benefits, including by: (1)
modifying the list of recipients of death benefits payable when
a public safety officer has died as the direct and proximate
result of a personal injury sustained in the line of duty to
include as an eligible individual, if there is no other
individual meeting existing eligibility requirements, the
surviving individual (or individuals, in equal shares) who
would qualify as an eligible ``child'' but for age; (2)
providing that disability benefits shall be payable when an
officer has become permanently and totally disabled as the
direct and proximate result of a personal injury (currently, as
the direct result of a catastrophic injury) sustained in the
line of duty; (3) eliminating the $5,000,000 limit on total
annual disability benefits paid; (4) providing that death or
disability benefits shall not be in addition to payments under
the September 11th Victim Compensation Fund of 2001; (5)
revising the criteria for death resulting from a heart attack,
stroke, or vascular rupture suffered by a public safety officer
while on duty; (6) including within the definitions of ``member
of a rescue squad or ambulance crew'' and ``public safety
officer'' an officially recognized or designated employee or
volunteer member of a rescue squad or ambulance crew that is a
public agency or a nonprofit entity serving the public that is
officially authorized or licensed to engage in rescue activity
or to provide emergency medical services and that is officially
designated as a pre-hospital emergency medical response agency;
and (7) making those who have sustained a catastrophic injury
in the line of duty eligible for peer support and counseling
programs.
H.R. 4018 makes funds available for appeals from final
determinations (currently, decisions) of the Bureau of Justice
Assistance, and for expenses of representation of hearing
examiners, with respect to public safety officer's death
benefits under specified circumstances. Provides that no appeal
shall bring a final determination of the Bureau before any
court for review unless notice of appeal is filed within 90
days after the date on which the Bureau serves notice of the
final determination. Defines a ``hearing examiner'' under such
Act to include any medical or claims examiner.
The Committee considered the bill at markup session on June
6, 2012 and ordered the measure, as amended, favorably reported
to the House by a voice vote. The Committee Report to accompany
the bill was filed on June 25, 2012 as H. Rept. 112-548. On
June 26, 2012, the motion to suspend the rules and pass H.R.
4018, as amended, was agreed to by a voice vote.
H.R. 4078, the ``Red Tape Reduction and Small Business Job
Creation Act''
Rep. Tim Griffin introduced the bill on February 17, 2012.
The bill imposes a moratorium on new significant regulatory
actions until the average quarterly national unemployment rate
stabilizes at or below 6.0%. The President may waive the
moratorium by Executive Order and issue significant regulations
for certain specific reasons, such as national security. With
the consent of Congress, during the moratorium period the
President may take other significant regulatory actions
necessary to protect the public health, safety, or welfare. A
significant regulatory action taken during the moratorium is
judicially reviewable. A small business that successfully
challenges such a regulation can recover attorney's fees.
The full Committee considered the bill on March 20, 2012
and favorably reported the bill as amended by a roll call vote
of 15 yeas to 13 nays. The report to accompany the bill was
filed with House on April 27, 2012 as H. Rept. 112-461, Part I.
The House began consideration of H.R. 4078 under the provisions
of H. Res. 738 on July 25, 2012. On July 26, 2012, the House
passed the bill, as amended in the nature of a substitute, by a
roll call vote of 245 yeas to 172 nays.
H.R. 4086, the ``Foreign Cultural Exchange Jurisdictional
Immunity Clarification Act''
This bill would amends the federal judicial code with
respect to denial of a foreign state's immunity from the
jurisdiction of U.S. or state courts (under the Foreign
Sovereign Immunities Act) in cases where rights in property
taken in violation of international law are in issue and that
property (or any property exchanged for it) is: (1) present in
the United States in connection with a commercial activity
carried on by the foreign state in the United States; or (2)
owned by an agency or instrumentality of the foreign state, and
that agency or instrumentality is engaged in a commercial
activity in the United States.
The bill would prohibit consideration as a commercial
activity (excluded from jurisdictional immunity) any activity
in the United States of a foreign state, or of any carrier,
associated with a temporary exhibition or display if: (1) the
work of art (or other object of cultural significance) in
question is imported into the United States from any foreign
country pursuant to an agreement for its temporary exhibition
or display between a foreign state that is its owner or
custodian and the United States or cultural or educational
institutions within it; and (2) the President has determined,
with notice in the Federal Register, that such work is
culturally significant and its temporary exhibition or display
is in the national interest. (Thus grants jurisdictional
immunity to the foreign state and associated carrier for such
works.)
In addition, the bill would exempt from this prohibition
cases in which: (1) the civil action filed is based upon a
claim that the work was taken in Europe in violation of
international law by the Nazi government of Germany or
governments occupied, assisted, or allied by the Nazi
government between January 30, 1933, and May 8, 1945; (2) the
court determines that the activity associated with the
exhibition or display is commercial; and (3) that determination
is necessary for the court to exercise jurisdiction over the
foreign state.
Mr. Chabot introduced the bill on February 24, 2012. The
full Committee considered H.R. 4086 at markup on February 28,
2012 and ordered the bill favorably reported by a voice vote.
On March 19, 2012, the Committee reported the bill to the House
as H. Rept. 112-413. Also on March 19, 2012, the House
considered the measure and passed the bill, as amended, by a
voice vote.
H.R. 4119, the ``Border Tunnel Prevention Act of 2012''
H.R. 4119 Amends the federal criminal code to: (1) subject
anyone who attempts or conspires to construct or finance
construction of an unauthorized tunnel or subterranean passage
that crosses the international border between the United States
and another country, or to use such a tunnel for smuggling, to
the penalties prescribed for someone who commits such an
offense; (2) make such a border tunnel offense a predicate
offense for a money laundering violation and for authorization
for interception of wire, oral, or electronic communications;
and (3) provide for the criminal forfeiture of proceeds of such
an offense and the seizure and forfeiture of merchandise
introduced into the United States through such a tunnel.
H.R. 4119 expresses the sense of Congress that the
Department of Homeland Security (DHS) should continue outreach
efforts to educate landowners and tenants in areas along the
border between Mexico and the United States about cross-border
tunnels and seek their assistance in combating tunnel
construction. H.R. 4119 also requires the Secretary of Homeland
Security to submit an annual report describing: (1) cross-
border tunnels along the U.S.-Mexico border discovered during
the preceding fiscal year; and (2) the needs of DHS to
effectively prevent, investigate, and prosecute construction of
such tunnels.
H.R. 4119 was introduced on March 1, 2012 by Rep. Silvestre
Reyes and referred to the Subcommittee on Immigration Policy
and Enforcement. The legislation was marked up by the Full
Judiciary Committee on March 6, 2012 and was ordered reported
by voice vote. The report to accompany the legislation was
filed on March 21, 2012 as H. Rept. 112-418, Part I. On May 15,
2012, under suspension of the rules, H.R. 4119 passed the House
as amended by a roll call vote of 416 yeas to 4 nays, 2/3
required. The bill was signed into law on June 5, 2012 becoming
Public Law 112-127.
H.R. 4223, the ``Strengthening and Focusing Enforcement to
Deter Organized Stealing and Enhance Safety Act of 2012'' or
the ``SAFE DOSES Act''
The bill amends the federal criminal code to prohibit, in
or affecting interstate or foreign commerce: (1) embezzling,
stealing, unlawfully taking, carrying away, or concealing, or
obtaining by fraud or deception a medical product that has not
yet been made available for retail purchase by a consumer (pre-
retail medical product); (2) falsely making, altering, forging,
or counterfeiting the labeling or documentation of such a
product; (3) knowingly possessing, transporting, or trafficking
in a product involved in such a violation; (4) buying or
otherwise obtaining, or selling or distributing, with intent to
defraud, such a product that has expired or been stolen; or (5)
attempting or conspiring to commit such a violation. It sets
forth factors that increase such a violation to an aggravated
offense.
H.R. 4223 prescribes criminal and civil penalties for
violations, including a civil penalty of up to the greater of
three times the economic loss attributable to the violation or
$1 million.
The bill provides for increased penalties for the following
offenses involving a pre-retail medical product: (1) interstate
and foreign travel or transportation in aid of racketeering
enterprises; (2) engaging in monetary transactions in property
derived from specified unlawful activity; (3) breaking into or
entering carrier facilities with intent to commit larceny; and
(4) the transportation, sale, or receipt of stolen property. It
extends provisions authorizing wiretapping and requiring victim
restitution to offenses relating to theft of a pre-retail
medical product.
H.R. 4223 also directs the United States Sentencing
Commission to review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to offenses related
to pre-retail medical product theft or robberies and burglaries
involving controlled substances to reflect congressional intent
that penalties are sufficient to deter and punish such offenses
and to appropriately account for actual harm to the public.
The bill was introduced on March 20, 2012 by Rep. F. James
Sensenbrenner and referred to the Subcommittee on Crime,
Terrorism, and Homeland Security. On June 6, 2012, the full
Committee considered the bill and favorably reported to the
House as amended by a voice vote. The report to accompany the
legislation was filed on H. Rept. 112-549 on June 25, 2012.
Under suspension of the rules, the House passed the bill, as
amended, on June 26, 2012 by a voice vote. H.R. 4223 passed the
Senate without an amendment by unanimous consent on September
22, 2012. The President signed the measure into law on October
5, 2012 and Pub. Law 112-186.
H.R. 4305, the ``Child and Elderly Missing Alert Program''
H.R. 4305 amends the Omnibus Crime Control and Safe Streets
Act of 1968 to authorize the Attorney General to award a public
safety and community policing grant to an eligible nonprofit
organization to assist federal, state, tribal, and local law
enforcement agencies in the rapid recovery of missing children
and elderly and disabled individuals through the use of a rapid
telephone and cellular alert call system.
The bill permits the use of grant funds to: (1) maintain
and expand technologies and techniques to ensure the highest
level of performance of services; (2) provide both centralized
and on-site training, and to distribute information, to law
enforcement agency officials about missing individuals and use
of a rapid telephone and cellular alert call system; (3)
provide services to Child Abduction Response Teams; (4) assist
law enforcement agencies to combat human trafficking through
the use of rapid telephone and cellular alert calls; (5) share
appropriate information on cases with the National Center for
Missing and Exploited Children, the AMBER Alert, Silver Alert,
and Blue Alert programs, and law enforcement; and (6) assist
appropriate organizations with education and prevention
programs related to missing individuals.
Rep. Steve Chabot introduced the bill on March 29, 2012 and
it was referred to the Subcommittee on Crime, Terrorism, and
Homeland Security. The full Committee ordered the bill
favorably reported in the nature of a substitute by a voice
vote on August 1, 2012. The report to accompany the bill was
filed as H. Rept. 112-649 with the House on September 10, 2012.
On September 11, 2012, the House considered the measure under
suspension of the rules and the motion to pass the bill, as
amended, was agreed to by a voice vote.
H.R. 4362, the ``Stopping Tax Offenders and Prosecuting
Identity Theft Act of 2012''
H.R. 4362 calls for the Attorney General to: (1) make use
of all existing resources of the Department of Justice (DOJ),
including task forces, to bring more perpetrators of tax return
identity theft to justice; and (2) take into account the need
to concentrate efforts in areas of the country where the crime
is most frequently reported, to coordinate with state and local
authorities to prosecute and prevent such crime, and to protect
vulnerable groups from becoming victims or otherwise being used
in the offense.
It amends the federal criminal code to: (1) define ``means
of identification'' to mean any name or number used to identify
a specific person (currently, any specific individual); and (2)
make tax fraud a predicate offense for aggravated identity
theft.
The bill directs the Attorney General to include in the
first annual DOJ performance report made more than nine months
after the date of this Act's enactment information as to
progress in implementing this Act regarding: (1) information
readily available to DOJ about trends in the incidence of tax
return identity theft, (2) the effectiveness of statutory tools
in aiding DOJ in prosecuting it, (3) recommendations on
additional statutory tools that would aid in removing barriers
to effective prosecution, and (4) the status of implementing
DOJ's March 2010 audit report on DOJ efforts to combat identity
theft.
H.R. 4362 was introduced by Rep. Debbie Wasserman Schultz
on April 16, 2012 and referred to the Subcommittee on Crime,
Terrorism, and Homeland Security. The full Committee considered
H.R. 4362 on July 10, 2012 and ordered the bill favorably
reported by a voice vote. On July 31, 2012, the report to
accompany the bill was filed as H. Rept. 112-639. The motion to
suspend the rules and pass the bill was agreed to by a voice
vote on August 1, 2012.
H.R. 4369, the ``Furthering Asbestos Claim Transparency (FACT)
Act of 2012''
H.R. 4369 amends federal bankruptcy law concerning a trust
formed under a plan of reorganization following the discharge
in bankruptcy of a debtor corporation in order to assume the
debtor's liability with respect to claims seeking recovery for
personal injury, wrongful death, or property damage allegedly
caused by the presence of, or exposure to, asbestos or
asbestos-containing products.
The bill requires such a trust to file with the bankruptcy
court and the U.S. Trustee quarterly reports, available on the
public docket, which describe each demand the trust has
received from a claimant and the basis for any payment made to
that claimant (excluding any confidential medical record or the
claimant's full Social Security number).
H.R. 4369 also requires such reports also to provide any
information related to payment from, and demands for payment
from, the trust to any party to any action in law or equity if
the subject concerns liability for asbestos exposure.
Rep. Ben Quayle introduced H.R. 4369 on April 17, 2012 and
it was referred to the Subcommittee on Courts, Commercial and
Administrative Law. On June 8, 2012, the full Committee ordered
the bill, as amended, favorably reported by a roll call vote of
15 yeas to 14 nays. The report to accompany the bill as amended
was filed with the House on September 21, 2012 as H. Rept. 112-
687.
H.R. 4377, the ``Responsibly And Professionally Invigorating
Development Act of 2012'' or the ``RAPID Act''
H.R. 4377 was introduced by Rep. Dennis Ross on April 18,
2012 and referred to the Subcommittee on Courts, Commercial and
Administrative Law. On June 6, 2012, the full Committee ordered
the bill, as amended, favorably reported by a roll call vote of
14 yeas to 8 nays. The report to accompany the legislation was
filed on July 17, 2012 as H. Rept. 112-596, Part I.
H.R. 4967, the ``Temporary Bankruptcy Judgeships Extension Act
of 2012''
H.R. 4967 extends the temporary office of certain
bankruptcy judgeships authorized or extended under the
Bankruptcy Judgeship Act of 1992 and Bankruptcy Judgeship Act
of 2005 until applicable vacancies identified in this Act occur
in the office of a bankruptcy judge for specified districts in
California, Delaware, Florida, Georgia, Maryland, Michigan, New
Jersey, New York, North Carolina, Pennsylvania, Puerto Rico,
South Carolina, Tennessee, Virginia, and Nevada.
The bill prohibits filling specified bankruptcy judge
vacancies in such districts occurring more than five years
after enactment of this Act and resulting from the death,
retirement, resignation, or removal of a bankruptcy judge (thus
extending the lapse date under current law by five years).
Section 3 would increase by a specified amount the
bankruptcy filing fee for a case commenced under chapter 11
(Reorganization) that does not concern a railroad. It also
requires that certain incremental amounts collected by reason
of such increased fees be: (1) deposited in a special fund in
the Treasury; and (2) made available to offset funds
appropriated for the operation and maintenance of U.S. courts,
but only to the extent specifically appropriated by an Act
enacted after enactment of this Act.
H.R. 4967 reduces the percentage of such fees to be
deposited as offsetting collections to the U.S. Trustee System
Fund (funds available to the Attorney General for operations of
U.S. trustees). Increases the percentage of chapter 7
(Liquidation) and 13 (Adjustment of Debts of an Individual with
Regular Income) fees to be deposited as offsetting receipts to
remain available to the Judiciary for expenses, services, and
administration of U.S. courts.
Section 4 requires Judiciary Committees of the House and
Senate, prior to further reauthorization of any judgeship
authorized by this Act, to: (1) conduct a review of the
bankruptcy judgeships authorized by this Act to determine the
need for continued reauthorization of each judgeship; (2)
evaluate any changes in all bankruptcy case filings and the
effect on filing fee revenue; and (3) require the
Administrative Office of the United States Courts to submit a
report on bankruptcy case workload, bankruptcy judgeship costs,
and filing fee revenue.
Chairman Lamar Smith introduced H.R. 4967 on April 27,
2012. The House passed without objection the bill on May 9,
2012. The Senate passed without amendment by unanimous consent
on May 10, 2012. The bill was signed into law on May 25, 2012
becoming Public Law 112-121.
H.R. 4970, the ``Violence Against Women Reauthorization Act of
2012''
H.R. 4970 reauthorizes a number of grant programs for
state, local and Indian tribal governments within the
Department of Justice and Health and Human Services to provide
funding for victims services and prevention of domestic
violence and sexual abuse. Among other provisions, the Act
encourages collaboration among law enforcement, judicial
personnel, and public and private sector providers to victims
of domestic and sexual violence. It also addresses the special
needs of victims of domestic and sexual violence who are
elderly, disabled, children, youth, and individuals of ethnic
and racial communities, including Native Americans. The Act
provides emergency leave and long-term transitional housing for
victims. The Act makes these provisions gender neutral and
requires studies and reports on the effectiveness of approaches
used for certain grants in combating domestic and sexual
violence.
H.R. 4970 was introduced by Rep. Sandy Adams on April 27,
2012 and referred to the Subcommittee. The legislation was
marked up by the Full Judiciary Committee on May 8, 2012 and
ordered to be reported as amended by a roll call vote of 17
yeas to 15 nays. The Committee report to accompany the bill was
filed on May 15, 2012 as H. Rept. 112-480. H.R. 4970 passed
through the House, as amended, on May 16, 2012 by a roll call
vote of 225 yeas to 205 nays.
H.R. 5512, the ``Divisional Realignment Act of 2012''
This legislation amends the federal judicial code to
realign counties comprising judicial divisions within the
Eastern District of Missouri and the Northern District of
Mississippi. Additionally, this Act is made effective 60 days
after enactment.
H.R. 5512 was introduced on May 7, 2012 by Rep. Bennie
Thompson. The full Committee ordered the bill favorably
reported by a voice vote. The report to accompany the bill was
filed as H. Rept. 112-497 on May 29, 2012. The House agreed to
the motion to suspend the rules and pass the bill, as amended,
by a voice vote. On September 22, 2012, the bill passed the
Senate without amendment by unanimous consent. The President
signed the measure into law on October 5, 2012 as Pub. Law 112-
188.
H.R. 5889, the ``Nuclear Terrorism Conventions Implementation
and Safety of Maritime Navigation Act of 2012''
H.R. 5889 implements certain provisions of four
multilateral counterterrorism treaties designed to secure
certain nuclear materials and provide for safety on the high
seas. These treaties are important tools in the fight against
terrorism and each one builds on an existing international
agreement to which the United States is a party. This
implementing legislation enhances U.S. national security by
modernizing and strengthening the international
counterterrorism and counter proliferation legal framework and
improves multilateral efforts to combat terrorism and nuclear
proliferation.
On June 5, 2012, Committee Chairman Lamar Smith introduced
H.R. 5889. The full Committee considered the legislation on
June 6, 2012 and favorably reported the bill by a voice vote.
On June 26, 2012, the report to accompany the bill was filed as
H. Rept. 112-551. The House began debate of H.R. 5889 on June
26, 2012. The House agreed to suspend the rules and pass the
bill, as amended, by a voice vote on June 28, 2012.
H.R. 5934, the ``Stop Tobacco Smuggling in the Territories Act
of 2012''
H.R. 5934 amends the federal criminal code to include
American Samoa, the Commonwealth of the Northern Mariana
Islands, and Guam in the definition of ``state'' for purposes
of provisions prohibiting trafficking in contraband cigarettes
and smokeless tobacco.
Rep. Eni Faleomavaega introduced H.R. 5934 on July 8, 2012.
The House passed the bill by a voice vote on November 14, 2012.
H.R. 5949, the ``FISA Amendments Act Reauthorization Act of
2012''
H.R. 5949 amends the FISA Amendments Act of 2008 to extend
title VII of the Foreign Intelligence Surveillance Act of 1978,
concerning the electronic surveillance of certain persons
outside the United States for foreign intelligence purposes,
until December 31, 2017.
On June 15, 2012, Chairman Smith introduced H.R. 5949. The
full Committee favorably reported the bill on June 19, 2012 by
a roll call vote of 23 yeas to 11 nays. The report to accompany
the bill was filed on August 2, 2012 as H. Rept. 112-645, Part
I. The House passed the bill, as amended, on September 12,
2012, by a roll call vote of 301 yeas to 118 nays. The Senate
passed H.R. 5949 on December 21, 2012 and the bill awaits the
President's signature at the time of publication.
H.R. 6019, the ``Juvenile Accountability Block Grant
Reauthorization and the Bullying Prevention and Intervention
Act''
The bill amends the Omnibus Crime Control and Safe Streets
Act of 1968 to: (1) expand the juvenile accountability block
grant program with respect to programs for the prevention of
bullying to include intervention programs, and (2) authorize
appropriations for such grant program for FY2013-FY2017.
It expresses the sense of Congress that the use of best
practices is encouraged for all activities for which juvenile
accountability block grants may be used.
H.R. 6019 was introduced by Rep. Sheila Jackson Lee on June
26, 2012. The full Committee considered the measure on June 28,
2012 and ordered the bill favorably reported, as amended by a
voice vote. On July 9, 2012, the report to accompany the
legislation was filed as H. Rept. 112-582.
H.R. 6029, the ``Foreign and Economic Espionage Penalty
Enhancement Act of 2012''
The bill amends the Federal criminal code to combat the
significant and growing threat presented by criminals who
engage in espionage on behalf of foreign adversaries and
competitors. The bill amends Sec. 1831(a) of title 18, United
States Code, to increase the maximum penalties for the theft of
trade secrets by criminals who knowingly commit economic
espionage to benefit a foreign entity.
H.R. 6029 was introduced by Chairman Lamar Smith on June
27, 2012. The full Committee ordered the bill favorably
reported by a voice vote on July 10, 2012. The report to
accompany the bill was filed as H. Rept. 112-610 on July 19,
2012. The House began consideration under suspension of the
rules on July 31, 2012. On August 1, 2012, the House passed the
bill by a voice vote.
H.R. 6062, the ``Edward Byrne Memorial Justice Assistance
Grant Program Reauthorization Act of 2012''
H.R. 6062 reauthorizes the Edward Byrne Memorial Justice
Assistance Grant (Byrne JAG) program at $800 million per year
for fiscal years 2013 through 2017.
Rep. Tom Marino introduced the bill on June 29, 2012. The
full Committee considered the measure on July 10, and 18, 2012.
The Committee favorably reported the bill by a voice vote on
July 18, 2012. The report to accompany H.R. 6062 was filed as
H. Rept. 112-636 on July 31, 2012. The House began
consideration of the measure on July 31, 2012. On August 1,
2012, the House agreed to suspend the rules and passed the bill
by a voice vote.
H.R. 6063, the ``Child Protection Act of 2012''
H.R. 6063 provides additional investigative and
prosecutorial tools and enhanced penalties to combat the
proliferation of Internet child pornography and child
exploitation offenses.
Chairman Lamar Smith introduced the bill on June 29, 2012.
The full Committee favorably reported the bill, as amended, by
a voice vote on July 10, 2012. The report to accompany the bill
was filed as H. Rept. 112-638 on July 31, 2012. The House began
consideration of the measure on July 31, 2012. On August 1,
2012, the House agreed to suspend the rules and passed the bill
by a voice vote.
H.R. 6080, To make improvements in the enactment of title 41,
United States Code, into a positive law title and to improve
the Code
On July 9, 2012, Chairman Lamar Smith introduced H.R. 6080.
The bill revises provisions in titles of the U.S. Code relating
to public contracts to correspond to title 41 of such Code as
enacted into positive law.
The full Committee favorably reported the bill by a voice
vote on July 10, 2012. The report to accompany the bill was
filed on September 10, 2012 as H. Rept. 112-626. On September
11, 2012, the House considered the measure under suspension of
the rules and the motion was agreed to by a voice vote.
H.R. 6116, To amend the Revised Organic Act of the Virgin
Islands to provide for direct review by the United States
Supreme Court of decisions of the Virgin Islands Supreme Court,
and for other purposes.
H.R. 6116 amends the Revised Organic Act of the Virgin
Islands, with respect to the judicial procedure for appealing
from the decisions of courts of the Virgin Islands to courts of
the United States, to remove the temporary jurisdiction of the
U.S. Court of Appeals for the Third Circuit to review by a writ
of certiorari the final decisions of the highest court of the
Virgin Islands.
The bill authorizes final judgments or decrees rendered by
the Supreme Court of the Virgin Islands to be reviewed by the
U.S. Supreme Court by writ of certiorari where the validity of
a treaty or statute of the United States is drawn in question
or where the validity of a statute of the Virgin Islands is
drawn in question on the ground of its being repugnant to the
Constitution, treaties, or laws of the United States, or where
any title, right, privilege, or immunity is specially set up or
claimed under the Constitution or the treaties or statutes of,
or any commission held or authority exercised under, the United
States.
The measure applies such U.S. Supreme Court reviewing
authority to cases commenced on or after enactment of this Act.
Rep. Donna Christensen introduced the bill on July 12,
2012. The legislation was considered by the House on November
14, 2012 and passed by a voice vote.
H.R. 6185, the ``Local Courthouse Safety Act of 2012''
Rep. Sandy Adams introduced the bill on July 25, 2012. This
legislation would make surplus metal detecting equipment
available to State and local courthouses.
The Committee favorably reported the bill on August 1, 2012
by a voice vote. The report to accompany H.R. 6185 was filed on
H. Rept. 112-661, Part I on September 10, 2012. On September
11, 2012, the House considered the measure under suspension of
the rules and the motion to pass the bill, as amended, was
agreed to by a voice vote.
H.R. 6189, the ``Reporting Efficiency Improvement Act''
Ranking Member John Conyers introduced the bill on July 25,
2012. The bill amends the Omnibus Crime Control and Safe
Streets Act of 1968 to repeal a requirement that the Attorney
General submit a report to Congress on an unfunded and
duplicative program to provide grants to state and local
governments to develop or improve the capability to analyze
deoxyribonucleic acid (DNA).
The bill also amends the Police Corps Act to repeal the
requirement for the Director of the Office of the Police Corps
and Law Enforcement Education to submit an annual report on the
unfunded Police Corps program.
The Committee considered the measure at markup on August 1,
2012 and ordered it favorably reported to the House by a voice
vote. The report to accompany the bill was filed as H. Rept.
112-648 on September 10, 2012. On September 11, 2012, the House
considered the measure under suspension of the rules and the
motion to pass the bill, as amended, was agreed to by a voice
vote. On September 22, 2012, the bill passed the senate without
amendment by unanimous consent. The President signed the
measure into law on October 5, 2012 as Pub. Law 112-189.
H.R. 6215, to amend the Trademark Act of 1946 to correct an
error in the provisions relating to remedies for dilution
Committee Chairman Lamar Smith intruded H.R. 6215 on July
26, 2012. The purpose of H.R. 6215 is to correct a drafting
error in the Trademark Dilution Revision Act of 2006 to ensure
that Federal registration of a trademark does not constitute a
defense to a claim of federal dilution asserted against that
trademark.
The Committee considered the measure at markup on August 1,
2012 and ordered it favorably reported to the House by a voice
vote. The report to accompany the bill was filed as H. Rept.
112-647 on September 10, 2012. On September 11, 2012, the House
considered the measure under suspension of the rules and the
motion to pass the bill, as amended, was agreed to by a voice
vote. On September 22, 2012, the bill passed the senate without
amendment by unanimous consent. The President signed the
measure into law on October 5, 2012 as Pub. Law 112-190.
H.R. 6368, the ``Border Security Information Improvement Act
of 2012''
Mr. Canseco introduced the bill on September 10, 2012 and
it was referred to the Judiciary Committee. The bill directs
the Attorney General and the Secretary of Homeland Security to
study and jointly report to specified congressional committees
on cross-border violence on the southwest border of the United
States.
It requires such study to include: (1) the definition of
cross-border violence used by law enforcement components within
the Department of Justice (DOJ) and the Department of Homeland
Security (DHS); (2) the ability of DOJ and DHS and their law
enforcement components to track, investigate, quantify, and
report on such violence; (3) the extent to which DOJ and DHS
define and track cross-border violence and steps being taken to
address the effects of such violence along that border; (4) the
information and data on cross-border violence collected and
made available through interagency task forces; and (5) the
additional resources needed.
On September 19, 2012, H.R. 6368 was considered under
suspension of the rules and passed the House as amended by a
voice vote.
H.R. 6429, the ``STEM Jobs Act of 2012''
Chairman Smith introduced H.R. 6429 on September 18, 2012
and the bill was referred to the Judiciary Committee. The STEM
Jobs Act eliminates the diversity lottery green card program
and reallocates up to 55,000 green cards a year to new green
card programs for foreign graduates of U.S. universities with
advanced science, technology, engineering, or mathematics
degrees. These green cards are first made available to foreign
graduates with doctorates and any remaining green cards are
then made available for foreign graduates with master's
degrees.
On September 20, 2012 the House considered H.R. 6429 under
suspension of the rules. At the conclusion of debate, the bill
failed the two-thirds required passage by a roll call vote of
257 yeas to 158 nays. Pursuant to the provision of H. Res. 821,
the House considered H.R. 6429 on November 28, 2012. The bill
passed the House by a roll call vote of 245 yeas to 139 nays.
S. 1959, the ``Haqqani Network Terrorist Designation Act of
2012''
S. 1959 was introduced by Senator Richard Burr on December
7, 2011. The bill, as amended, passed the Senate by unanimous
consent on December 17, 2011. The bill requires the Secretary
of State to report to Congress on: (1) whether the Haqqani
Network (an Afghan insurgent group based in the Federally
Administered Tribal Areas of northwest Pakistan) meets the
criteria for designation as a foreign terrorist organization;
and (2) which criteria have not been met, if the Secretary
determines that the Haqqani Network does not meet such
designation.
S. 1959 also states that nothing in this Act may be
construed to infringe upon the sovereignty of Pakistan to
combat militant or terrorist groups operating inside its
boundaries.
On December 19, 2011, S. 1959 was referred to the
Committee. The House considered the measure under suspension of
the rules and passed the bill, as amended by Senate, by a voice
vote on July 17, 2012. The President signed the measure into
law on August 10, 2012 becoming Public Law No. 112-168.
S. 2061, the ``Former Charleston Naval Base Land Exchange Act
of 2012''
S. 2061 was introduced by Senator Lindsey Graham on
February 1, 2012. The House companion legislation, H.R. 5739,
was introduced by Rep. Tim Scott on May 11, 2012. The
legislation authorizes the Secretary of Homeland Security (DHS)
to exchange specified parcels of land owned by the United
States located on the former U.S. Naval Base Complex in North
Charleston, South Carolina, (federal land) for specified
parcels owned by the South Carolina State Ports Authority (non-
federal land). Additionally, the bill requires that, upon
acceptance of title to the non-federal land by the Secretary:
(1) the non-federal land be added to and administered as part
of the Federal Law Enforcement Training Center, and (2) the
boundaries of the Center be adjusted to exclude the exchanged
federal land.
S. 2061 passed the Senate on June 5, 2012 and was received
in the House on June 6, 2012. On July 9, 2012, Chairman Smith
moved to suspend the rules and pass the Senate bill. This
motion was agreed to by a voice vote. The bill became Public
Law 112-146 on July 18, 2012.
S. 3245, to extend by 3 years the authorization of the EB-5
Regional Center Program, the E-Verify Program, the Special
Immigrant Nonminister Religious Worker Program, and the Conrad
State 30 J-1 Visa Waiver Program
Senator Patrick Leahy introduced the bill on May 24, 2012.
This legislation extends for three years: (1) the EB-5 Regional
Center program, (2) the E-Verify program, (3) the Special
Immigrant Nonminister Religious Worker program, and (4) the
Conrad State 30 J-1 Visa Waiver program.
On September 11, 2012, the House began consideration of the
Senate measure under suspension of the rules. Further
proceedings on the measure were postponed until September 13,
2012. The House agreed to the motion to suspend the rules and
passed the bill by a roll call vote of 412 years to 3 nays,
two-thirds required. The President signed the bill into law on
October 1, 2012 as Public Law 112-176.
H. Res. 683, Expressing the regret of the House of
Representatives for the passage of laws that adversely affected
the Chinese in the United States, including the Chinese
Exclusion Act.
H. Res. 683 regrets the passage of legislation that
adversely affected people of Chinese origin in the United
States because of their ethnicity. The resolution states that
nothing in this resolution may be construed or relied on to
authorize or support any claim, including but not limited to
constitutionally based claims, claims for monetary compensation
or claims for equitable relief against the United States or any
other party, or serve as a settlement of any claim against the
United States.
Rep. Judy Chu introduced the resolution on June 8, 2012. On
the same day, the House suspended the rules and agreed to the
resolution by a voice vote.
H. Res. 819, Directing the Attorney General of the United
States to transmit to the House of Representatives, not later
than 14 days after the date of the adoption of this resolution,
any documents and legal memoranda in the Attorney General's
possession relating to the practice of targeted killing of
United States citizens and targets abroad.
Rep. Dennis Kucinich introduced H. Res. 819 on November 28,
2012. The full Committee considered the resolution and ordered
it reported adversely to the House by voice vote on December
18, 2012.
H.J. Res. 1, Proposing a balanced budget amendment to the
Constitution of the United States
H.J. Res. 1 proposes an amendment to the Constitution of
the United States that would prescribe certain rules for the
federal government's taxing and spending authority.
Mr. Goodlatte introduced H.J. Res. 1 on January 5, 2011.
The joint resolution was referred to the Subcommittee on the
Constitution. On June 15, 2011, the full Committee considered
the joint resolution and ordered it reported favorably to the
House as amended by a record vote of 20 yeas to 12 nays. The
joint resolution was reported to the House on June 23, 2011 as
H. Rept. 112-117.
H.J. Res. 70, To grant the consent of Congress to an amendment
to the compact between the States of Missouri and Illinois
providing that bonds issues by the Bi-State Development Agency
may mature in not to exceed 40 years
H.J. Res. 70 grants the consent of Congress to an amendment
to the compact between the States of Missouri and Illinois
providing that bonds issues by the Bi-State Development Agency
may mature in not to exceed 40 years.
Mr. Clay introduced H.J. Res. 70 on June 24, 2011. On
September 21, 2011, the full Committee considered the joint
resolution and ordered it reported favorably to the House as
amended by voice vote. The joint resolution was reported to the
House on October 25, 2011 as H. Rept. 112-259.
The Senate passed companion legislation, S.J.Res. 22, on
September 26, 2011. On December 6, 2011, the House passed the
Senate measure under suspension by a voice vote. The measure
was signed into law on December 19, 2011 becoming Pub. Law No.
112-71.
H. Con. Res. 13, Reaffirming ``In God We Trust'' as the
official motto of the United States and supporting and
encouraging the public display of the national motto in all
public buildings, public schools, and other government
institutions
H. Con. Res. 13 reaffirms ``In God We Trust'' as the
official motto of the United States and supporting and
encouraging the public display of the national motto in all
public buildings, public schools, and other government
institutions.
Mr. Forbes introduced H. Con. Res. 13 on January 26, 2011.
The concurrent resolution was referred to the Subcommittee on
the Constitution. On March 17, 2011, the full Committee
considered the concurrent resolution and ordered it reported
favorably to the House by a voice vote. The concurrent
resolution was reported to the House on March 31, 2011 as H.
Rept. 112-47. On November 1, 2011, under suspension of the
rules, the House agreed to the resolution by a roll call vote
of 396 yeas to 9 nays, with 2 Members voting present, \2/3\
required.
Full Committee Private Calendar
H.R. 316, For the relief of Esther Karinge filed as H.
Rept. 112-622;
H.R. 357, For the relief of Corina de Chalup Turcinovic
filed as H. Rept. 112-621;
H.R. 794, For the relief of Allan Bolor Kelley filed as H.
Rept. 112-620;
H.R. 824, For the relief of Daniel Wachira filed as H.
Rept. 112-618;
H.R. 823, For the relief of Maria Carmen Castro Ramirez and
J. Refugio Carreno Rojas filed as H. Rept. 112-619;
H.R. 1857, For the relief of Bartosz Kumor filed as H.
Rept. 112-617; and
S. 285, For the relief of Sopuruchi Chukwueke filed as H.
Rept. 112-695
Full Committee Oversight Activities
Hearing on Medical Liability Reform--Cutting Costs, Spurring
Investment, Creating Jobs (Serial No. 112-1)
On January 20, 2011, the Committee held a hearing to
investigate cost issues related to medical malpractice lawsuits
and medical malpractice insurance. Witnesses who appeared at
the hearing included Dr. Stuart L. Weinstein, Health Coalition
on Liability and Access, Joanne Doroshow, Executive Director,
Center for Justice & Democracy, and Dr. Ardis Hoven,
Chairwoman, American Medical Association Board of Trustees.
Hearing on the Constitutionality of the Individual Mandate
(Serial No. 112-5)
On February 16, 2011, the Committee held a hearing to
consider the constitutionality of the individual mandate
contained in the Patient Protection and Affordable Care Act.
The Committee received testimony from: the Honorable Kenneth T.
Cuccinelli, II, Attorney General for the Commonwealth of
Virginia; Professor Walter Dellinger, Duke University School of
Law; and Professor Randy E. Barnett from Georgetown University
Law Center.
Hearing on the Federal Bureau of Investigation (Serial No.
112-85)
On March 16, 2011, the Committee held a hearing to conduct
oversight over the Federal Bureau of Investigation. FBI
Director Robert S. Mueller, III, testified at the hearing.
Hearing on the United States Department of Justice (Serial No.
112-127)
On May 3, 2011, the Committee held a hearing to conduct
oversight over the Department of Justice. U.S. Attorney General
Eric Holder testified at the hearing.
Hearing on a Balanced Budget Amendment to the Constitution
(Serial No. 112-62)
On October 4, 2011, the House Judiciary Committee held a
hearing on whether the Congress should propose to the States
for ratification a balanced budget constitutional amendment.
Testimony was received from the Honorable Richard Thornburgh,
former Governor of Pennsylvania and Attorney General of the
United States; Douglas Holtz-Eakin, former Director of the
Congressional Budget Office and former Chief Economist of the
President's Council of Economic Advisers; Philip Joyce,
Professor of Management, Finance and Leadership, University of
Maryland School of Public Policy; and Matthew Mitchell,
Research Fellow, Mercatus Center at George Mason University.
The hearing examined continuing federal budget deficits,
which have resulted in a total national debt exceeding $10
trillion, and the effects of deficit spending on the country's
long-term prosperity. Witnesses discussed prior legislative
attempts to eliminate federal budget deficits over an extended
period of time. The main focus of the witnesses' testimony was
on the question of whether a balanced budget constitutional
amendment is necessary to impose fiscal restraint on federal
spending.
Hearing on the Department of Homeland Security (Serial No.
112-111)
On October 26, 2011, the Committee held a hearing to
conduct oversight over the Department of Homeland Security.
Janet Napolitano, Secretary of the U.S. Department of Homeland
Security, testified at the hearing.
Hearing on Constitutional Limitations on States' Authority to
Collect Sales Taxes in E-Commerce (Serial No. 112-89)
On November 30, 2011, the Committee held a hearing to
consider (i) whether it is prudent for Congress to enact
legislation to allow states to require vendors that sell
merchandise into but lack a physical presence in the state to
collect the state's sales tax, and (ii) if so, under what
conditions. Under current Supreme Court ``dormant'' commerce
clause precedent, a state may not require remote vendors to
collect its sales tax because to do so would unduly burden
interstate commerce. Congress may, however, enact legislation
that permits a state to do so under its Commerce Clause
authority. Finally, the hearing also covered affiliate nexus
statutes that some states have passed in the absence of
congressional action. It also explored the Streamlined Sales
and Use Tax Project (SSUTP) that formed in the wake of Quill,
the most recent Supreme Court decision in this area, and the
SSUTP's relevance going forward.
At the hearing, testimony was heard from: Dan Marshall, the
owner of Marshall Music Co.; Patrick Byrne, the Chairman and
CEO of Overstock.com, Inc.; Rep. John Otto of the Texas House
of Representatives; Tod Cohen, the Vice President of Government
Relations for eBay Inc.; Sen. Luke Kenley, an Indiana state
senator, who testified in his capacity as President of
Streamlined Sales Tax Governing Board, Inc.; and Paul Misener,
the Vice President for Global Public Policy for Amazon.com,
Inc.
Hearing on ``Executive Overreach: The President's
Unprecedented `Recess' Appointments'' (Serial 112-84)
On February 15, 2012, the Committee held a hearing on
Executive Overreach: The President's Unprecedented `Recess'
Appointments. Testimony was received from the Honorable Charles
J. Cooper, Partner, Cooper & Kirk; John Elwood, Partner, Vinson
& Elkins; and Jonathan Turley, Shapiro Professor of Public
Interest Law, George Washington University Law School.
The hearing examined the constitutional implications of the
President's decision to use the recess appointments power to
appoint the Director of the Consumer Financial Protection
Bureau and three members of the National Labor Relations Board,
on January 4, 2012, questioning whether the Senate's use of
``pro forma'' sessions constituted a recess for purposes of the
recess appointments power.
Hearing on Executive Overreach: The HHS Mandate Versus
Religious Liberty (Serial 112-101)
On February 28, 2012, the Committee convened a hearing on
Executive Overreach: The HHS Mandate Versus Religious
Liberty.'' Testimony was received from the Most Reverend
William Lori, Bishop, Bridgeport, Connecticut; Asma Uddin,
Attorney, Becket Fund for Religious Liberty; Dr. Linda
Rosenstock, Dean, UCLA School of Public Health; and Jeanne
Monahan, Director, Center for Human Dignity, Family Research
Council.
The hearing examined the legal and constitutional issues
surrounding the religious employer exemption to the Department
of Health and Human Services' final rule under the Patient
Protection and Affordable Care Act that requires most health
insurance plans to cover ``[a]ll Food and Drug Administration
approved contraceptive methods, sterilization procedures, and
patient education and counseling for all women with
reproductive capacity.''
Hearing on Implementation of the Leahy-Smith America Invents
Act (Serial No. 112-128)
The Committee convened a hearing on May 16, 2012, to
receive testimony on the implementation of the Leahy-Smith
America Invents Act (``AIA''). The most comprehensive change to
the American patent system in 175 years, the AIA directs the
Director of the U.S. Patent and Trademark Office to initiate a
number of rule-makings and to undertake studies on various
patent issues. The Committee heard testimony from the Honorable
David J. Kappos, Undersecretary of Commerce for Intellectual
Property and Director of the U.S. Patent and Trademark Office;
Robert A. Armitage, Senior Vice President and General Counsel,
Eli Lilly and Company; Eliot D. Williams, Partner, Baker Botts,
LLP, on behalf of the Financial Services Roundtable, the
American Bankers Association, the American Insurance
Association, the Independent Community Bankers of America, the
National Association of Federal Credit Unions, and the Credit
Union National Association; Carl Horton, Chief Intellectual
Property Counsel, General Electric, on behalf of the Coalition
for 21st Century Patent Reform; Kevin H. Rhodes, President and
Chief Intellectual Property Counsel, 3M Innovative Properties
Company, on behalf of the Intellectual Property Owners
Association; Richard Brandon, Associate General Counsel,
University of Michigan, on behalf of the Association of
American Universities; and Timothy A. Molino, Director of
Government Relations, Business Software Alliance.
Hearing on the Department of Homeland Security (Serial No.
112-136)
On July 19, 2012, the Committee held a hearing to conduct
oversight over the Department of Homeland Security. Janet
Napolitano, Secretary of the U.S. Department of Homeland
Security, testified at the hearing.
Hearing on the Obama Administration's Abuse of Power (Serial
No. 112-145)
The Committee held a hearing on September 12, 2012, to
examine whether the Administration has overstepped
constitutional limits on the Executive Branch's authority.
Testimony was received from the Honorable Mike Lee, Senator
from Utah; Lori Windham, Senior Counsel, the Becket Fund for
Religious Liberty; Michael Gerhardt, Samuel Ashe Distinguished
Professor of Constitutional Law at the University of North
Carolina, and Director of the UNC Center on Law and Government;
and Lee A. Casey, Partner at Baker & Hostetler LLP.
Hearing on Regulation Nation: The Obama Administration's
Regulatory Expansion vs. Jobs and Economic Recovery (Serial No.
112- )
On September 20, 2012, the Committee convened a hearing to
consider the degree to which federal regulation and regulatory
uncertainty have increased under the Obama Administration, the
extent of related impacts on job creation and economic growth
since the recession of 2008-2009, and the degree to which the
Committee's regulatory reform legislation during the 112th
Congress would reduce adverse impacts caused by regulation and
regulatory uncertainty. At this hearing, testimony was heard
from John B. Taylor, Professor of Economics at Stanford
University and the George P. Shultz Senior Fellow in Economics
at the Hoover Institution; C. Boyden Gray, Principal, Boyden
Gray & Associates, and White House Counsel to President George
H.W. Bush; Robert Luddy, President, CaptivAire Systems, Inc.,
and Member, the Job Creators Alliance; and, Lisa Heinzerling,
Professor of Law at the Georgetown University School of Law.
SUBCOMMITTEE ON THE CONSTITUTION
TRENT FRANKS, Arizona, Chairman
MIKE PENCE, Indiana, Vice-Chairman
JERROLD NADLER, New York STEVE CHABOT, Ohio
MIKE QUIGLEY, Illinois J. RANDY FORBES, Virginia
JOHN CONYERS, Jr., Michigan STEVE KING, Iowa
ROBERT C. ``BOBBY'' SCOTT, Virginia JIM JORDAN, Ohio
Jurisdiction of the Subcommittee
The Subcommittee on the Constitution shall have
jurisdiction over the following subject matters: constitutional
amendments, constitutional rights, federal civil rights, ethics
in government, tort liability, including medical malpractice
and product liability, legal reform generally, other
appropriate matters as referred by the Chairman, and relevant
oversight.
Legislative Activities
Hearing on H.R. 3, the ``No Taxpayer Funding for Abortion
Act'' (Serial No. 112-9)
On February 8, 2011, the Subcommittee held a hearing on
H.R. 3. Testimony was heard from Richard M. Doerflinger,
Associate Director of the Secretariat of Pro-Life Activities,
United States Conference of Catholic Bishops; Sara Rosenbaum,
Harold and Jane Hirsh Professor of Health Law and Policy and
Chair of the Department of Health Policy, The George Washington
University School of Public Health and Health Services; and,
Cathy Ruse, Senior Fellow for Legal Studies, Family Research
Council.
H.R. 3 prohibits the expenditure of funds authorized or
appropriated by federal law or funds in any trust fund to which
funds are authorized or appropriated by federal law (federal
funds) for any abortion, prohibits federal funds from being
used for any health benefits coverage that includes coverage of
abortion, and makes such prohibitions applicable to District of
Columbia funds.
Hearing on H.R. 963, the ``See Something, Say Something Act of
2011'' (Serial No. 112-55)
On June 24, 2011, the Subcommittee held a hearing on H.R.
963. Testimony was heard from Lawrence Haas, Senior Fellow for
U.S. Foreign Policy at the American Foreign Policy Council;
Chris Burbank, Chief of the Salt Lake City Police Department;
and Dr. M. Zuhdi Jasser, President and Founder of the American
Islamic Forum for Democracy.
The Subcommittee examined the merits of H.R. 963 as a
measure to encourage citizens to share potentially relevant
information with law enforcement officials and debated whether
this measure was needed in light of existing legal protections.
H.R. 963 grants immunity from civil liability to persons
who, in good faith and based on an objectively reasonable
suspicion, report suspicious activity indicating that an
individual may be engaging, or preparing to engage, in a
violation of law relating to an act of terrorism. H.R. 963 also
grants qualified immunity from civil liability to authorized
officials who observe or receive a report of such activity and
take reasonable action in good faith to respond.
Hearing on H.R. 966, the ``Lawsuit Abuse Reduction Act''
(Serial No. 112-18)
On March 11, 2011, the Subcommittee held a hearing on H.R.
966. Testimony was heard from Elizabeth Milito, Senior
Executive Counsel, National Federation of Independent Business
Small Business Legal Center; Lonny Hoffman, George Butler
Research Professor of Law, University of Houston Law Center;
and Victor Schwartz, Partner, Shook, Hardy & Bacon.
A main focus of the hearing was whether and to what extent
``frivolous'' lawsuits have an impact on businesses (especially
small businesses), jobs, and the economy. The hearing also
examined the effect amending Rule 11 would have on litigation
and on deterring frivolous lawsuits and motions from being
filed in federal court.
H.R. 966 (1) restores mandatory sanctions for filing
frivolous lawsuits in violation of Rule 11, (2) removes Rule
11's ``safe harbor'' provision that currently allows parties
and their attorneys to avoid sanctions for making frivolous
claims by withdrawing frivolous claims after a motion for
sanctions has been filed, and (3) requires monetary sanctions,
including attorneys' fees and compensatory costs, against any
party making a frivolous claim. The bill also expressly
provides that ``Nothing in'' the changes made to Rule 11
``shall be construed to bar or impede the assertion or
development of new claims, defenses, or remedies under Federal,
State, or local laws, including civil rights laws, or under the
Constitution.''
Hearing on H.R. 997, the ``English Language Unity Act of
2011'' (Serial No. 112-141)
On August 2, 2012, the Subcommittee held a hearing on H.R.
997. Testimony was heard from Congressman Steve King and
Congressman Charles A. Gonzalez; also, testimony was heard by
Dr. Rosalie Pedalino Porter, Chairwoman of ProEnglish National
Board of Directors; the Honorable Rene Garcia, Florida state
senator; and Mauro E. Mujica, Chairman and CEO of U.S. English,
Inc.
H.R. 997 would declare English as the official language of
the United States.
Hearing on H.R. 1433, the ``Private Property Rights Protection
Act'' (Serial No. 112-21)
On April 12, 2011, the Subcommittee held a hearing on H.R.
1433. Testimony was heard from Lori Ann Vendetti, a homeowner
from Long Branch, New Jersey; John Echeverria, Professor,
Vermont Law School; and Dana Berliner, Senior Attorney, the
Institute for Justice.
The witnesses discussed the impact on private property
rights of the Supreme Court's 2005 decision in Kelo v. City of
New London, 545 U.S. 469 (2005). The hearing focused on whether
H.R. 1433 would effectively address continuing concerns after
the Kelo decision that private property may be taken and
transferred to another private owner for private economic
development, and whether federal legislation is warranted in
light of state legislative responses to Kelo.
H.R. 1433 prohibits state and local governments that
receive federal economic development funds from using eminent
domain to transfer private property from one private owner to
another for the purpose of economic development. Specifically,
if a state or political subdivision of a state uses its eminent
domain power to transfer private property to other private
parties for economic development, the state would be ineligible
to receive federal economic development funds for two fiscal
years following a judicial determination that the law had been
violated. Additionally, the bill prohibits the federal
government from using eminent domain for economic development
purposes.
Hearing on H.R. 2299, the ``Child Interstate Abortion
Notification Act'' (Serial No. 112-87)
On March 8, 2012, the Subcommittee held a hearing on H.R.
2299. Testimony was heard from Teresa Collett, Professor of
Law, University of St. Thomas School of Law; The Very Reverend
Dr. Katherine Hancock Ragsdale, President and Dean, Episcopal
Divinity School; and Dr. Michael New, Department of Social
Sciences, University of Michigan--Dearborn.
H.R. 2299 would make it a federal crime to transport a
minor across state lines to obtain an abortion in another state
in order to avoid a state law requiring parental involvement in
a minor's abortion decision. This provision would not apply to
minors themselves, or to their parents. It also would not apply
in life-threatening emergencies that may require that an
abortion be provided immediately. H.R. 2299 would also apply
when a minor from one state crosses state lines to have an
abortion in another state that does not have a state law
requiring parental involvement in a minor's abortion decision.
In such cases, H.R. 2299 would make it a federal crime for the
abortion provider to fail to give one of the minor's parents,
or a legal guardian if necessary, 24 hours' notice of the
minor's abortion decision (or notice by mail if necessary)
before the abortion is performed.
Hearing on H.R. 3356, the ``ACCESS (ADA Compliance for
Customer Entry to Stores and Services) Act'' (Serial No. 112-
133)
On June 27, 2012, the Subcommittee held a hearing on H.R.
3356. Testimony was heard from Representative Daniel E.
Lungren, and also Lee Kee, a resident of Reedly, California;
Andy Levy, partner at Brown, Goldstein & Levy; and David Warren
Peters, CEO and General Counsel at Lawyers Against Lawsuit
Abuse.
Representative Lungren introduced H.R. 3356 on November 3,
2011.
This hearing examined the ACCESS Act, which provides that
any person aggrieved by a violation of the Americans with
Disabilities Act in a public accommodation has to provide the
owner or operator with a written notice of the violation before
filing a lawsuit. Within 60 days of receiving the notice, the
owner or operator would be required to provide the aggrieved
person with a description outlining improvements that would be
made to address the barrier to access. The owner or operator
would then have 120 days to fix the ADA infraction. If the
owner or operator failed to meet any of these conditions, a
lawsuit under the ADA would then be allowed to go forward.
Hearing on H.R. 3541, the ``Susan B. Anthony and Frederick
Douglass Prenatal Nondiscrimination Act'' (Serial No. 112-74)
On December 6, 2011, the Subcommittee held a hearing on
H.R. 3541. Testimony was heard from Steven H. Aden, senior
legal counsel for Alliance Defending Freedom; Edwin Black,
author and historian; Miriam Yeung, executive director at the
National Asian Pacific American Women's Forum; and Steven W.
Mosher, president of the Population Research Institute.
The hearing examined the suggestion that abortion has
become a tool of sex and race discrimination.
Rep. Trent Franks introduced this bill.
Hearing on H.R. 3803, the ``District of Columbia Pain-Capable
Unborn Child Protection Act'' (Serial No 112-118)
On May 17, 2012, the Subcommittee held a hearing on H.R.
3803. Testimony was heard from Anthony Levatino, M.D.,
Obstetrics and Gynecology; Colleen Malloy, M.D., Assistant
Professor, Division of Neonatal/Department of Pediatrics,
Northwestern University Feinberg School of Medicine; Byron
Calhoun, M.D., Professor and Vice Chair, Department of
Obstetrics and Gynecology, West Virginia University--
Charleston; and Christy Zink, Washington, D.C.
H.R. 3803 provides that a physician performing or
attempting an abortion in Washington, D.C. shall first make a
determination of the probable post-fertilization age of the
unborn child or reasonably rely upon such a determination made
by another physician. In making such a determination, the
physician shall make such inquiries of the pregnant woman and
perform or cause to be performed such medical examinations and
tests as a reasonably prudent physician, knowledgeable about
the case and the medical conditions involved, would consider
necessary to make an accurate determination of post-
fertilization age. Subsection (b) also provides that, with
certain exceptions, the abortion shall not be performed or
attempted, if the probable post-fertilization age of the unborn
child is 20 weeks or greater. This provision does not apply if,
in reasonable medical judgment, the abortion is necessary to
save the life of a pregnant woman whose life is endangered by a
physical disorder, physical illness, or physical injury,
including a life-endangering physical condition caused by or
arising from the pregnancy itself, but not including
psychological or emotional conditions or any claim or diagnosis
that the woman will engage in conduct which she intends to
result in her death.
Hearing on H.J. Res. 106, Proposing an amendment to the
Constitution of the United States to protect the rights of
crime victims (Serial No. 112-113)
On April 26, 2012, the Subcommittee held a hearing on H.J.
Res. 106. Testimony was heard from Brooks Douglass, Carrollton,
Texas; Paul Cassell, Professor, S.J. Quinney College of Law at
the University of Utah; and Jesselyn McCurdy, American Civil
Liberties Union.
The hearing examined the legal and policy underpinnings of
a proposed amendment to the Constitution to secure victims'
rights, known as H.J. Res. 206, the ``Victims' Rights
Amendment'' (VRA).
The amendment establishes the following rights for a crime
victim: to fairness, respect and dignity; to reasonable notice
of, and to not be excluded from, public proceedings relating to
the offense; to be heard at any release, plea, sentencing, or
other such proceeding involving any right established in the
amendment; to proceedings free from unreasonable delay; to
reasonable notice of the release or escape of the accused; to
due consideration of the crime victim's safety; and to
restitution.
Hearing on H.J. Res. 110, an Amendment to the Constitution
Concerning Parental Rights and Education (Serial No. 112-138)
On July 18, 2012, the Subcommittee convened to hear
testimony from Dr. Michael P. Farris, Chancellor at Patrick
Henry College; Martin Guggenheim, Fiorello LaGuardia Professor
of Clinical Law, New York University School of Law; and Piero
A. Tozzi, senior legal counsel, Alliance Defending Freedom.
The hearing examined whether a constitutional amendment is
needed to protect the rights of parents and the varying
standards applied in parental rights cases.
Oversight Activities
Hearing on Defending Marriage (Serial No. 112-36)
On April 15, 2011, the Subcommittee convened a hearing on
the implications of Attorney General Eric Holder's February 23,
2011, letter to Speaker of the House John Boehner notifying the
Speaker of the President's determination that Section 3 of the
Defense of Marriage Act, as applied to same-sex couples who are
legally married under state law, should be subject to
heightened judicial review and fails to comply with the equal
protection component of the Fifth Amendment under that standard
of review.
Testimony was received from Maggie Gallagher of the
National Organization for Marriage, Professor Carlos Ball of
the Rutgers School of Law, and Ed Whelan of the Ethics and
Public Policy Center.
Hearing on Whether the Constitution Should be Amended to
Address the Federal Deficit? (Serial No. 112-30)
On May 13, 2011, the Subcommittee held a hearing to examine
whether the United States Constitution needs to be amended to
address the federal deficit.
Testimony was received from the Honorable Bob Goodlatte;
David Primo, Professor, University of Rochester; Robert
Greenstein, President, Center on Budget and Policy Priorities;
and Andrew Moylan, Vice President of Government Affairs,
National Taxpayers Union.
The hearing looked at continuing federal budget deficits,
and the effects of not addressing deficit spending will have on
the country's long-term prosperity. Witnesses discussed prior
legislative attempts to cut federal spending and the prospects
further legislative approaches have for imposing fiscal
discipline on the federal government. The main focus of the
witnesses' testimony was whether the deficit and the failure of
previous legislative attempts to address the deficit justify a
constitutional amendment and, if so, the necessary provisions
of such an amendment. In particular, the witnesses examined the
merits and demerits of a balanced budget amendment to the
Constitution.
Hearing on Can We Sue Our Way to Prosperity?: Litigation's
Effect on America's Global Competitiveness (Serial No. 112-31)
On May 24, 2011, the Subcommittee held a hearing to examine
the civil litigation system's impact on the competitiveness of
the United States' economy.
Testimony was received from Paul Hinton of NERA Economic
Consulting, Professor Charles Silver of the University of Texas
School of Law, and John Beisner of Skadden, Arps, Slate,
Meagher & Flom LLP.
Hearing on the U.S. Department of Justice Civil Rights
Division (Serial No. 112-61)
On June 1, 2011, the Subcommittee held an oversight hearing
to conduct oversight over the U.S. Department of Justice's
Civil Rights Division.
Thomas E. Perez, Assistant Attorney General for the Civil
Rights Division of the U.S. Department of Justice, testified at
the hearing.
Hearing on How Fraud and Abuse in the Asbestos Compensation
System Affect Victims, Jobs, the Economy, and the Legal System
(Serial No. 112-51)
On September 9, 2011, the Subcommittee held a hearing on
fraud and abuse in the asbestos compensation system, examining
how fraud and abuse can affect asbestos exposure victims,
American jobs, the economy and the U.S. legal system.
Testimony was received from Professor Lester Brickman,
Benjamin N. Cardozo School of Law; Michael Carter, President,
Monroe Rubber & Gasket Co.; Charles Siegel, Partner, Waters &
Kraus; and James Stengel, Partner, Orrick.
Hearing on the State of Religious Liberty in the United States
(Serial No. 112-63)
On October 26, 2011, the Subcommittee held a hearing on the
state of religious liberty in the United States. The hearing
examined current issues related to the free exercise and
establishment clauses of the First Amendment. During the
hearing, the witnesses gave their views on how the political
branches of federal and state governments and the courts are
treating the religious beliefs of American citizens and
religious institutions.
Testimony was received from the Most Reverend William Lori,
Bishop of Bridgeport, Connecticut; Reverend Barry Lynn,
Executive Director, Americans United for Separation of Church
and State; and Colby May, Senior Counsel and Director of the
Washington Office, American Center for Law & Justice.
Hearing on The Costs and Burdens of Civil Discovery (Serial
No. 112-72)
On December 13, 2011, the Subcommittee examined the
increasing costs of retaining and producing documents pursuant
to America's civil litigation discovery rules.
Testimony was received from Justice Rebecca Love Kourlis,
executive director for the Institute for the Advancement of the
American Legal System at the University of Denver; William H.
J. Hubbard, assistant professor of law at the University of
Chicago Law School; William P. Butterfield, partner at Hausfeld
LLP; and Thomas Hill, associate general counsel for
Environmental Litigation and Legal Policy at General Electric
Company.
Hearing on Judicial Reliance on Foreign Law (Serial No. 112-
73)
On December 14, 2011, the Subcommittee held a hearing to
explore the propriety and ramifications of American judges
referrencing foreign law when issuing opinions under American
law.
Testimony was heard from Andrew M. Grossman, visiting legal
fellow for the Heritage Foundation; David Fontana, Associate
Professor of Law at the George Washington University Law
School; and Jeremy Rabkin, Professor of Law at George Mason
University School of Law.
Hearing on Contingent Fees and Conflicts of Interest in State
AG Enforcement of Federal Law (Serial No. 112-82)
On February 2, 2012, the Subcommittee on the Constitution
held an oversight hearing on Contingent Fees and Conflicts of
Interest in State AG Enforcement of Federal Law. Testimony was
received from the Honorable William McCollum, Jr., former
Attorney General, State of Florida; Amy Widman, Assistant
Professor of Law, Northern Illinois University; and James R.
Copland, Director and Senior Fellow, Center for Legal Policy,
Manhattan Institute for Policy Research.
The hearing examined State Attorneys General use of outside
plaintiffs' counsel on a contingency fee basis to enforce
federal law. In recent years, Congress has enacted laws that
allow State Attorneys General to bring enforcement actions on
behalf of citizens of their state that have allegedly been
harmed by a violation of certain federal laws or regulations.
Hearing on Voting Wrongs: Oversight of the Justice
Department's Voting Rights Enforcement (Serial No. 112-114)
On April 18, 2012, the Subcommittee on the Constitution
held an oversight hearing on Voting Wrongs: Oversight of the
Justice Department's Voting Rights Enforcement. Testimony was
received from Cleta Mitchell, Partner, Foley & Lardner; M. Eric
Eversole, Director, Military Voting Project; Wendy Weiser,
Director, Democracy Program, Brennan Center for Justice, New
York University School of Law; and J. Christian Adams,
Attorney, Election Law Center, PLLC.
The hearing examined the Justice Department's efforts to
enforce laws that help ensure military votes are counted and
the Department's recent challenges to State voter ID laws under
section 5 of the Voting Rights Act. The hearing also looked at
whether the Department's Voting Section is enforcing the law in
the manner Congress intended.
Hearing on The Department of Justice's Guidance on Access to
Pools and Spas Under the ADA (Serial No. 112-112)
On April 24, 2012, the Subcommittee on the Constitution
held an oversight hearing on the Department of Justice's
Guidance on Access to Pools and Spas Under the ADA. Testimony
was received from Hemant D. Patel, Chairman, Asian American
Hotel Owners Association; Christa Bucks Camacho; Ann Cody,
Director, Policy and Global Outreach, BlazeSports America; and
Minh N. Vu, Partner, Seyfarth Shaw LLP.
The hearing examined the Department of Justice's Final Rule
incorporating the Americans with Disabilities Act 2010 ADA
Standards for Accessible Design and a subsequent ``guidance''
document stating the Department's interpretation of the Final
Rule relating to access to swimming pools, wading pools, and
spas. The hearing explored the adequacy of the process leading
to the January 15 guidance and whether the Department complied
with the Administrative Procedure Act. Potential legislative
responses to the guidance were also discussed at the hearing.
Hearing on Class Actions Seven Years After the Class Action
Fairness Act (Serial No. 112-131)
On June 1, 2012, the Subcommittee on the Constitution held
a hearing to examine the state of class action litigation seven
years after the enactment of the Class Action Fairness Act
(CAFA). Testimony was heard from Martin H. Redish, Ancel
Professor of Law and Public Policy, Northwestern University
School of Law; Thomas M. Sobol, partner at Hagens Berman Sobol
Shapiro LLP; and John H. Beisner, partner at Skadden, Arps.
The hearing generally addressed class action lawsuits and
CAFA, and also examined what provisions in the law that have
worked, what was not working, and aspects of class action
litigation that CAFA did not address that have emerged in the
seven years since the law was enacted.
Oversight Hearing on the U.S. Department of Justice Civil
Rights Division (Serial No. 112- )
On July 26, 2012, the Subcommittee on the Constitution
reviewed the recent conduct of the Civil Rights Division.
Testimony was heard from the Honorable Thomas E. Perez,
Assistant Attorney General, Civil Rights Division.
The hearing included discussion of the Division's
activities regarding its handling of voter ID laws.
Activities Conducted Pursuant to H. Res. 9
H. Res. 9 directs several committees, including the
Judiciary Committee, to report legislation to, among other
things, ``reform the medical liability system to reduce
unnecessary and wasteful health care spending'' and ``prohibit
taxpayer funding of abortions.'' Pursuant to H. Res. 9, the
Committee held a full committee hearing on ``Medical Liability
Reform--Cutting Costs, Spurring Investment, Creating Jobs'' and
a Constitution Subcommittee hearing on H.R. 3, the ``No
Taxpayer Funding for Abortion Act.'' Additionally, the
Committee favorably reported two bills: H.R. 5, the ``Help
Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH)
Act,'' and H.R. 3, the ``No Taxpayer Funding for Abortion
Act.''
SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW
HOWARD COBLE, North Carolina,
Chairman
TREY GOWDY, South Carolina, Vice-
Chairman
STEVE COHEN, Tennessee ELTON GALLEGLY, California
HENRY C. ``HANK'' JOHNSON, Georgia TRENT FRANKS, Arizona
MELVIN L. WATT, North Carolina DENNIS ROSS, Florida
JARED POLIS, Colorado\7\ BEN QUAYLE, Arizona
Jurisdiction of the Subcommittee
The Subcommittee on Courts, Commercial and Administrative
Law shall have jurisdiction over the following subject matters:
Administration of U.S. Courts, Federal Rules of Evidence, Civil
and Appellate Procedure, judicial ethics, bankruptcy and
commercial law, bankruptcy judgeships, administrative law,
independent counsel, state taxation affecting interstate
commerce, interstate compacts, other appropriate matters as
referred by the Chairman, and relevant oversight.
---------------------------------------------------------------------------
\7\Mike Quigley of Illinois resigned from the Subcommittee in June
2011. Jared Polis of Colorado was added to the Subcommittee effective
Dec. 8, 2011.
---------------------------------------------------------------------------
Legislative Activities
Hearing on H.R. 10, the ``Regulations From the Executive in
Need of Scrutiny Act of 2011'' (Serial No. 112-26)
On March 8, 2011, the Subcommittee held a hearing on H.R.
10 and received testimony from David Schoenbrod, Trustee
Professor of Law, New York Law School; Eric R. Claeys,
Professor of Law, George Mason University Law School; and David
Goldston, Director of Government Affairs, National Resources
Defense Council.
The REINS Act rewrites provisions of the Congressional
Review Act to require congressional approval of major rules of
the executive branch before they may take effect (currently,
all rules take effect unless Congress passes and the President
signs a joint resolution disapproving them; the REINS Act
changes this process for major rules). The Act defines ``major
rule'' as any rule, including an interim final rule, which has
resulted in or is likely to result in: (1) an annual effect on
the economy of $100 million or more; (2) a major increase in
costs or prices; or (3) significant adverse effects on
competition, employment, investment, productivity, innovation,
or U.S. competitiveness.
Hearing on H.R. 527, the ``Regulatory Flexibility Improvements
Act of 2011''--Unleashing Small Businesses to Create Jobs
(Serial No. 112-16)
On February 10, 2011, the Subcommittee held a hearing on
H.R. 527 and received testimony from Richard Gimmel, President
of Atlas Machine & Supply, Inc.; Thomas Sullivan, Of Counsel,
Nelson Mullins Riley Scarborough LLP and head of the Small
Business Coalition for Regulatory Relief; J. Robert Shull,
Program Officer, Workers' Rights, Public Welfare Foundation;
and, Karen R. Harned, Executive Director, National Federation
of Independent Business, Small Business Legal Center.
H.R. 527 amends the Regulatory Flexibility Act of 1980
(RFA) and the Small Business Regulatory Enforcement Fairness
Act (SBREFA). The bill has 26 co-sponsors. The bill expands the
range of rules and issues that must be assessed; extends to all
agencies requirements to gather input on potential rules from
small business review panels; adds to requirements to
periodically review and reassess rules that have significant
impacts on substantial numbers of small entities; expands
judicial review; and grants the Small Business Administration
authority to promulgate government-wide rules on RFA and SBREFA
implementation.
Hearing on H.R. 1002, the ``Wireless Tax Fairness Act of
2011'' (Serial No. 112-22)
On March 15, 2011, the Subcommittee held a hearing on the
bill and heard testimony from Scott Mackey, a partner of KSE
Partners LLP; Bernita Sims, a councilwoman from High Point, NC;
and, Harry Alford, the President and CEO of the National Black
Chamber of Commerce.
H.R. 1002 prohibits state and local governments from
imposing any new ``discriminatory'' tax (as defined in the
bill) on mobile telecommunications services, property or
equipment (e.g., wireless phones) for five years after its
enactment. The bill defines ``new discriminatory tax'' as a tax
imposed on mobile services, providers or property that is not
generally imposed on other types of services or property (e.g.,
a generally applicable sales tax), or that is generally imposed
at a lower rate, unless such tax was imposed and actually
enforced prior to the date of enactment.
Hearing on H.R. 1439, the ``Business Activity Tax
Simplification Act of 2011'' (Serial No. 112-41)
On April 13, 2011, the Subcommittee held a hearing on H.R.
1439 and heard testimony from: the Honorable Bob Goodlatte; the
Honorable Bobby Scott; Corey Schroeder, Vice President and CFO
of Outdoor Living Brands, Inc., who testified on behalf of the
International Franchise Association; R. Bruce Johnson, the
Chairman of the Utah State Tax Commission, who testified on
behalf of the Federation of Tax Administrators; and Joseph
Henchman, the Tax Counsel and Director of State Projects at the
Tax Foundation. Representatives Goodlatte and Scott offered
testimony in support of the bill.
H.R. 1439 expands the federal prohibition against state
taxation of interstate commerce to: (1) include taxation of
out-of-state transactions involving all forms of property,
including intangible personal property and services (currently,
only sales of tangible personal property are protected); and
(2) prohibit state taxation of an out-of-state entity unless
such entity has a physical presence in the taxing state. The
bill also sets forth criteria for: (1) determining that a
person has a physical presence in a state, and (2) the
computation of the tax liability of affiliated businesses
operating in a state.
Hearing on H.R. 1860, the ``Digital Goods and Services Tax
Fairness Act of 2011'' (Serial No. 112-137)
On May 23, 2011, the Subcommittee held a hearing on H.R.
1860 and received testimony from: Robert D. Atkinson, the
President of the Information Technology & Innovation
Foundation; Russ Brubaker, the National Tax Policy Advisor to
the Washington Department of Revenue, who testified on behalf
of the Federation of Tax Administrators; and, James R. Eads,
Jr., the Director of Public Affairs at Ryan, LLC.
H.R. 1860 prohibits states and localities from imposing a
higher tax rate on digital goods and services than is
applicable to their tangible analogs. The bill also provides
tax sourcing rules for purchases of digital goods and services.
Hearing on H.R. 1864, the ``Mobile Workforce State Income Tax
Simplification Act of 2011'' (Serial No. 112-56)
On May 25, 2011, the Subcommittee held a hearing on H.R.
1864 and heard testimony from: Jeffrey A. Porter, the founder
of Porter & Associates CPAs, who testified on behalf of the
American Institute of Certified Public Accountants; Patrick
Carter, the Director of the Delaware Department of Revenue, who
testified in his capacity as President of the Federation of Tax
Administrators; and, Joseph Crosby, the Chief Operating Officer
and Senior Director for Policy at the Council for State
Taxation.
H.R. 1864 provides that an employee shall not be subject to
state income tax unless he or she performs work in a state for
at least 30 days during the taxable year. It also provides that
an employer shall not be required to withhold state income tax
with respect to a state in which an employee does not work for
at least 30 days during the taxable year.
Hearing on H.R. 1996, the ``Government Litigation Savings
Act'' (Serial No. 112-57)
On October 11, 2011, the Subcommittee held a hearing on
H.R. 1996, at which it heard testimony from Jeffrey Axelrad,
Professorial Lecturer in Law at the George Washington
University Law School; Lowell Baier, President Emeritus, the
Boone and Crockett Club; Jennifer Ellis, Chairman, Western
Legacy Alliance; and Prof. Brian Wolfman, Visiting Professor,
Georgetown University Law Center.
H.R. 1996 amends the Equal Access to Justice Act. Among
other things, the legislation tightens eligibility requirements
to receive attorneys' fees and costs under the Act; lowers the
Act's hourly cap on attorneys' fee rates and eliminates the
``special factor'' exception to the hourly cap; eliminates the
Act's exception to the net worth requirement for 501(c)(3)
corporations; and adds to annual reporting requirements under
the Act.
Hearing on H.R. 2533, the ``Chapter 11 Bankruptcy Venue Reform
Act of 2011'' (Serial No. 112-88)
On September 8, 2011, the Subcommittee held a hearing on
H.R. 2533, at which it heard testimony from Peter C. Califano,
Partner, Cooper White & Cooper on behalf of the Commercial Law
League of America; Prof. David Skeel, University of
Pennsylvania Law School; the Hon. Frank J. Bailey, Chief Judge,
Bankruptcy Court for the District of Massachusetts; and Prof.
Melissa Jacoby, University of North Carolina School of Law.
H.R. 2533 amends the venue rules for chapter 11
reorganization bankruptcy cases so that a corporate debtor is
required to reorganize in the judicial district in which it has
its principal place of business. Current law provides more
expansive venue rules which have led to a great concentration
of chapter 11 cases in only two districts, the District of
Delaware and the Southern District of New York. The bill would
more evenly distribute chapter 11 cases across judicial
districts.
Hearing on H.R. 2469, the ``End Discriminatory State Taxes for
Automobile Renters Act of 2011'' (Serial No. 112-100)
On February 1, 2012, the Subcommittee held a hearing on
H.R. 2469, at which it heard testimony from Sally Greenberg,
Executive Director of the National Consumers League; Brian
Frederick, Executive Director of the National Sports Fan
Coalition; Raymond Warren, Deputy Commissioner of Revenue and
Legal Counsel, Arlington County, Virginia; and Michael
McCormick, Executive Director of the Global Business Travel
Alliance.
H.R. 2469 prohibits state and local taxing jurisdictions
from imposing taxes on the rental of automobiles at a rate that
is higher than the rate generally imposed on other rentals.
Hearing on H.R. 3041, the ``Federal Consent Decree Fairness
Act,'' and H.R. 3862, the ``Sunshine for Regulatory Decrees and
Settlements Act'' (Serial No. 112-83)
On February 3, 2012, the Subcommittee held a hearing on
H.R. 3041 and H.R. 3862. The Subcommittee heard testimony from
Roger R. Martella, Jr., Sidley Austin LLP, former general
counsel of the U.S. Environmental Protection Agency; Professor
David Schoenbrod, New York Law School; Andrew M. Grossman, the
Heritage Foundation; and John C. Cruden, president of the
Environmental Law Institute and former Deputy Assistant
Attorney General for the Department of Justice's Environment
and Natural Resources Division. Subcommittee Chairman Coble
submitted additional material for the record, as did Ranking
Member Cohen.
H.R. 3041 allows incoming state and local administrations
to terminate or obtain modifications of consent decrees into
which outgoing administrations entered in litigation against
state and local agencies outside of the procedures established
under the Federal Rules of Civil Procedure. H.R. 3862 adds
certain procedural requirements for federal agencies and courts
before entering into a consent decree or settlement agreement.
The bill also creates additional opportunities for defendant
federal agencies to obtain consent decree modifications in
light of changed facts and circumstances or needs to satisfy
other duties, beyond those available in current law.
Hearing on H.R. 3534, the ``Security in Bonding Act of 2011''
(Serial No. 112-93)
On March 5, 2012, the Subcommittee held a hearing on H.R.
3534 at which it heard testimony from Mark McCallum, CEO of the
National Association of Surety Bond Producers; Jeanette
Wellers, President and CFO of JBlanco Enterprises, Inc.; Robert
Little, Jr., of Counsel to Cohen Seglias Pallas Greenhall &
Furman PC; and Karen Barbour, President of The Barbour Group,
LLC.
H.R. 3534 amends the requirements that must be met when an
individual surety pledges collateral to secure obligations
related to its performance under a contract with the Federal
government.
Hearing on H.R. 3862, the ``Sunshine for Regulatory Decrees
and Settlements Act'' (Serial No. 112-83).
The Subcommittee on Courts, Commercial and Administrative
Law convened a hearing on February 3, 2012 and heard testimony
from Roger R. Martella, Jr., Sidley Austin LLP, former general
counsel of the U.S. Environmental Protection Agency; Professor
David Schoenbrod, New York Law School; Andrew M. Grossman, the
Heritage Foundation; and John C. Cruden, president of the
Environmental Law Institute and former Deputy Assistant
Attorney General for the Department of Justice's Environment
and Natural Resources Division.
Hearing on H.R. 4078, the ``Regulatory Freeze for Jobs Act of
2012'' (Serial No. 112-90)
On Monday, February 27, 2012, the Subcommittee held a
hearing on H.R. 4078. The Subcommittee heard testimony from
Professor John B. Taylor, George P. Shultz Senior Fellow in
Economics at the Hoover Institution and the Mary and Robert
Raymond Professor of Economics at Stanford University;
Professor Allan H. Meltzer, Distinguished Visiting Fellow at
the Hoover Institution and the Allan H. Meltzer University
Professor of Political Economy at the Tepper School of
Business, Carnegie Mellon University; and, Mr. Robert Weissman,
President of Public Citizen, Inc.
H.R. 4078 imposes a moratorium on new, significant
regulations until the average quarterly national unemployment
rate stabilizes at or below 6.0%. The President may waive the
moratorium by Executive Order and issue significant regulations
for certain specific reasons, such as national security. With
the consent of Congress, during the moratorium period the
President may take other significant regulatory actions
necessary to protect the public health, safety, or welfare. A
significant regulatory action taken during the moratorium is
judicially reviewable. A small business that successfully
challenges such a regulation can recover attorney's fees.
Hearing on H.R. 4369, the ``Furthering Asbestos Claim
Transparency (FACT) Act of 2012'' (Serial No. 112-120)
On May 10, 2012, the Subcommittee held a hearing on H.R.
4369 at which it heard testimony from S. Todd Brown, Professor
of Law, SUNY Buffalo Law School; Marc Scarcella, Bates White
Economic Consulting; Leigh Ann Schell, Partner, Kuchler Polk
Schell Weiner & Richeson; and Charles Siegel, Partner, Waters &
Kraus, LLP.
H.R. 4369 requires that a trust formed under section 524 of
the Bankruptcy Code file publicly quarterly reports containing
certain claimant information and participate in third-party
discovery, subject to certain specified limitations.
Hearing on H.R. 4377, the ``Responsibly And Professionally
Invigorating Development (RAPID) Act of 2012'' (Serial No. 112-
99)
On Wednesday, April 25, 2012, the Subcommittee held a
hearing on H.R. 4377. The Subcommittee heard testimony from
William L. Kovacs, Senior Vice President for Environment,
Technology & Regulatory Affairs at the U.S. Chamber of
Commerce; Gus B. Bauman, Of Counsel, Beveridge & Diamond PC;
Thomas Margro, CEO of Transportation Corridor Agencies in
Irvine, Calif.; and, Dinah Bear, Esq., former General Counsel
to the Council on Environmental Quality.
H.R. 4377 amends the Administrative Procedure Act. It
amends the federal environmental review process established by
the National Environmental Policy Act of 1969 (NEPA). It draws,
in part, upon definitions and established practices from
current NEPA regulations and guidance; recommendations from the
President's Council on Jobs and Competitiveness; Section 6002
of Pub. L. No. 109-59, the ``Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users;'' and,
NEPA guidance and permit streamlining Presidential memoranda
and Executive Orders recently issued by the Administration.
Other provisions differ from current law.
Oversight Activities
Hearing on The REINS Act--Promoting Jobs and Expanding Freedom
by Reducing Needless Regulations (Serial No. 112-7)
On January 24, 2011, the Subcommittee held a hearing to
examine potential reform of the Congressional Review Act (CRA).
Amendments considered included congressional approval of major
agency regulations before the regulations can go into effect,
as would be accomplished by the REINS Act. ``Major''
regulations are those with $100 million or more of impacts on
the U.S. economy. At this hearing, testimony was heard from the
Honorable David McIntosh, former Member of Congress and a
partner at Mayer Brown LLP; Jonathan Adler, Professor, Case
Western Reserve University School of Law and Director, Center
for Business Law and Regulation; and, Sally Katzen, Visiting
Professor, New York University School of Law and Senior
Advisor, Podesta Group.
Hearing on the Role of Public Employee Pensions in
Contributing to State Insolvency and the Possibility of a State
Bankruptcy Chapter (Serial No. 112-25)
On February 14, 2011, the Subcommittee held a hearing to
examine the extent to which unfunded public employee pension
obligations contribute to government insolvency and to study
whether states ought to be made eligible for federal bankruptcy
relief. At the hearing, testimony was heard from: Dr. Joshua
Rauh, Associate Professor of Finance with the Kellogg School of
Management, Northwestern University; James Spiotto, partner
with Chapman and Cutler LLP; Matt Fabian, the Managing Director
of Municipal Market Advisors; and, Keith Brainard, the Research
Director for the National Association of State Retirement
Administrators.
Hearing on The APA at 65--Is Reform Needed to Create Jobs,
Promote Economic Growth and Reduce Costs? (Serial No. 112-17)
On February 28, 2011, the Subcommittee initiated a series
of hearings to examine potential changes to the rulemaking
process under the Administrative Procedure Act (APA) as it
approached the 65th anniversary of its enactment on June 11,
1946. At this hearing, testimony was heard from Susan E.
Dudley, former Administrator of the Office of Management and
Budget's (OMB) Office of Information and Regulatory Affairs
(OIRA) during the George W. Bush administration and current
director of George Washington University's Regulatory Studies
Center; Jeffrey A. Rosen, Esq., former OMB general counsel
during the same administration and a current partner at
Kirkland & Ellis LLP; and, Professor Peter L. Strauss, Columbia
Law School.
Hearing on Raising the Agencies' Grades--Protecting the
Economy, Assuring Regulatory Quality and Improving Assessments
of Regulatory Need (Serial No. 112-34)
On March 29, 2011, the Subcommittee held a hearing to
explore concerns over the quality of federal regulatory
development suggested by the George Mason University's Mercatus
Center in its ongoing Regulatory Report Card project. The
Subcommittee also considered changes to the early phases of
rulemaking. Finally, the Subcommittee identified additional
potential APA requirements for agencies to assess better
whether regulation is necessary before they issue notices of
proposed rulemakings or promulgate final regulations.
At this hearing, the Subcommittee heard testimony from Dr.
Jerry Ellig, Ph.D., director of the Mercatus Center's
Regulatory Report Card Project; Dr. Richard Williams, Ph.D.,
Director of Policy Research at the Mercatus Center and former
regulatory development and review official at the Office of
Management and Budget; and, Robert L. Glicksman, J.B. and
Maurice C. Shapiro Professor of Environmental Law at The George
Washington University Law School.
Hearing on Cost-Justifying Regulations: Protecting Jobs and
the Economy by Presidential and Judicial Review of Costs and
Benefits (Serial No. 112-48)
On May 4, 2011, the Subcommittee held a hearing focused on
potential APA amendments that would require the use of cost-
benefit analysis and other features of the regulatory
development process instituted by executive orders in this
area. Witnesses included: John Graham, former OIRA
Administrator and Dean, School of Public and Environmental
Affairs, Indiana University; Jeffrey R. Holmstead, Esq., former
EPA Assistant Administrator for Air and Radiation and current
head of the Environmental Strategies Group at Bracewell &
Giuliani LLP; Dr. Harold Furchtgott-Roth, Ph.D., former
Commissioner of the Federal Communications Commission; and
Sally Katzen, Visiting Professor, New York University School of
Law, and Senior Advisor, Podesta Group.
Hearing on Formal Rulemaking and Judicial Review: Protecting
Jobs and the Economy with Greater Regulatory Transparency and
Accountability (Serial No. 112-49)
On May 31, 2011, the Subcommittee held a hearing to examine
whether to increase the use of formal rulemaking. The
Subcommittee also examined whether existing standards of
judicial review are sufficient to check agency action. The
Subcommittee heard testimony on these subjects from Edward W.
Warren, P.C., Environmental Practice Group, Kirkland & Ellis
LLP; Noel J. Francisco, Esq., Government Regulation Practice
Group, Jones Day LLP; and Professor Matthew Stephenson, Harvard
Law School.
Joint Hearing on the Role of Social Security Administrative
Law Judges (Serial No. 112-67)
The Subcommittee held a joint hearing with the Committee on
Ways and Means Subcommittee's on Social Security on July 11,
2011, to provide oversight of administrative law judge issues
that have arisen at the Social Security Administration. These
issues relate to growing concern about the accuracy, efficiency
and overall professionalism that some Social Security ALJs
bring to bear on their caseloads. Examples of these concerns
include whether ALJs are disproportionately granting or denying
benefits; whether some ALJs are failing to meet minimum annual
caseload expectations; and the size of the case backlog at the
Social Security Administration, reported to reach 730,000
cases. At the joint hearing, the subcommittees heard testimony
from Michael J. Astrue, Commissioner of Social Security, and
Christine Griffin, Deputy Director, Office of Personnel
Management.
Hearing on Chapter 7 Bankruptcy Trustees' Responsibilities and
Remuneration (Serial No. 112-68)
On July 27, 2011, the Subcommittee held a hearing on the
adequacy of compensation for chapter 7 bankruptcy trustees, the
effect that various proposals to increase their compensation
would have on the bankruptcy system, and the statutory duty of
chapter 7 trustees to continue to administer a debtor's
Employee Retirement Income Security Act plan. The Subcommittee
heard testimony from Robert C. Furr, Founding Partner, Furr &
Cohen, P.A. (Boca Raton, FL), on behalf of the National
Association of Bankruptcy Trustees; H. Jason Gold, Partner,
Wiley Rein LLP (Washington, DC), and Chapter 7 Trustee (E.D.
Va.), on behalf of the American Bankruptcy Institute; William E
Brewer, Jr., Founder, The Brewer Law Firm, (Raleigh, NC), on
behalf of the National Association of Consumer Bankruptcy
Attorneys; and Blake Hogan, President, American InfoSource
(Houston, TX).
Hearing on Recognition and Enforcement of Foreign Judgments
(Serial No. 112-109)
On November 15, 2011, the Subcommittee held a hearing on
the principles and practices that govern the recognition and
enforcement of foreign judgments in the United States. At the
hearing, testimony was received from: Linda J. Silberman
(Martin Lipton Professor of Law, New York University School of
Law); Kathy Patchel (Uniform Law Commissioner); and John B.
Bellinger, III (Partner, Arnold and Palmer, LLP, on behalf of
the U.S. Chamber of Commerce Institute for Legal Reform).
Hearing on the Office of Information and Regulatory Affairs:
Federal Regulations and Regulatory Reform under the Obama
Administration (Serial No. 112-102)
On March 21, 2012, the Subcommittee held a hearing to
provide oversight of the Office of Management and Budget's
Office of Information and Regulatory Affairs (OIRA) and
developments in regulation and regulatory reform under the
Obama Administration. OIRA is the White House office charged
with oversight and coordination of the activities of federal
regulatory agencies. The Subcommittee heard testimony from Cass
R. Sunstein, current Administrator of OIRA; John D. Graham,
Dean of Indiana University's School of Public and Environmental
Affairs and former OIRA Administrator under President George W.
Bush; Richard Williams, Director of Policy Research, the
Mercatus Center, George Mason University; and Sally Katzen,
Visiting Professor of Law, New York University School of Law
and former OIRA Administrator under President William J.
Clinton.
Hearing on the Department of Justice--Civil, Environment and
Natural Resources, and Tax Divisions (Serial No. 112-124)
On May 31, 2012, the Subcommittee held a hearing to provide
oversight of the U.S. Department of Justice's Civil,
Environment and Natural Resources, and Tax Divisions. These
divisions are responsible for the majority of the Department of
Justice's civil litigation. The Subcommittee heard testimony
from Stuart Delery, Acting Assistant Attorney General, Civil
Division; Ignacia Moreno, Assistant Attorney General,
Environment and Natural Resources Division; and, Kathryn
Keneally, Assistant Attorney General, Tax Division.
Hearing on Clearing the Way for Jobs and Growth: Retrospective
Review To Reduce Red Tape and Regulations (Serial No. 112-134)
The Subcommittee held a hearing on July 12, 2012, to
provide oversight of issues concerning retrospective review and
analysis of existing federal regulations, such as regulations
that may no longer be necessary or that impose costs that do
not justify their benefits. At the hearing, the Subcommittee
received testimony from Randall Lutter, Ph.D., Visiting
Scholar, Resources for the Future; Michael Medved, Ph.D.,
Progressive Policy Institute; and Prof. Ronald M. Levin,
Washington University School of Law.
SUBCOMMITTEE ON CRIME, TERRORISM AND HOMELAND SECURITY
F. JAMES SENSENBRENNER, Jr.,
Wisconsin, Chairman
LOUIE GOHMERT, Texas, Vice-
Chairman
ROBERT C. ``BOBBY'' SCOTT, Virginia BOB GOODLATTE, Virginia
STEVE COHEN, Tennessee DANIEL E. LUNGREN, California
HENRY C. ``HANK'' JOHNSON, Jr., Georgia RANDY FORBES, Virginia
PEDRO R. PIERLUISI, Puerto Rico TED POE, Texas
JUDY CHU, California JASON CHAFFETZ, Utah
TED DEUTCH, Florida TIM GRIFFIN, Arkansas
SHEILA JACKSON LEE, Texas TOM MARINO, Pennsylvania
MIKE QUIGLEY, Illinois TREY GOWDY, South Carolina
JARED POLIS, Colorado\8\ SANDY ADAMS, Florida
BEN QUAYLE, Arizona
MARK AMODEI, Nevada
Jurisdiction of the Subcommittee
The Subcommittee on Crime, Terrorism, and Homeland Security
has jurisdiction over: Federal Criminal Code, drug enforcement,
sentencing, parole and pardons, internal and homeland security,
Federal Rules of Criminal Procedure, prisons, criminal law
enforcement, and other appropriate matters as referred by the
Chairman, and relevant oversight.
---------------------------------------------------------------------------
\8\Debbie Wasserman Schulz resigned from the Subcommittee when she
resigned from the Judiciary Committee in September 2011. Jared Polis of
Colorado was added to the Subcommittee effective Dec. 8, 2011.
---------------------------------------------------------------------------
Legislative Activities
Hearing on H.R. 822, the ``National Right-to-Carry Reciprocity
Act of 2011'' (Serial No. 112-53)
On September 13, 2011, the Subcommittee held a hearing on
H.R. 822, at which testimony was received from Ms. Joyce Lee
Malcolm, Professor of Law at George Mason University; Mr. David
B. Kopel, Adjunct Professor at Denver University Sturm College
of Law; and Commissioner Charles H. Ramsey, Philadelphia Police
Department. On October 25, 2011, the full Committee considered
the bill and ordered it reported favorably to the House as
amended by a record vote of 19-11. The bill was reported to the
House on November 10, 2011 as H. Rept. 112-277. The House
considered the legislation on November 16, 2011, pursuant to
the provisions of H. Res. 463 and the bill passed the House by
a record vote of 272 yeas to 154 nays.
H.R. 822 authorizes a person who is carrying a valid,
government-issued identification document containing that
person's photograph and a valid permit to carry a concealed
firearm in one state, and who is not prohibited from
possessing, transporting, shipping, or receiving a firearm
under federal law, to possess or carry a concealed handgun
(other than a machine gun or destructive device) in another
state in accordance with the restrictions of that state without
respect to restrictions on eligibility. H.R. 822 directs the
Comptroller General to conduct an audit of: (1) state laws and
regulations that authorize the issuance of a concealed firearm
permit or license to a nonresident, including a description of
the permitting or licensing requirements; (2) the number of
such valid permits or licenses issued or denied (and the basis
for such denials) to nonresidents by each state; and (3) the
effectiveness of such state laws and regulations in protecting
the public safety. The bill also directs the Comptroller
General to conduct a study of the ability of state and local
law enforcement authorities to verify the validity of concealed
firearm licenses or permits issued by other states.
Hearing on H.R. 1981, the ``Protecting Children from Internet
Pornographers Act of 2011'' (Serial No. 112-60)
On July 12, 2011, the Subcommittee held a hearing on H.R.
1981. At the hearing, testimony was received from Mr. Ernie
Allen, President and CEO of the National Center for Missing and
Exploited Children; Sheriff Michael J. Brown, Bedford County
Sheriff's Office; and Mr. Marc Rotenberg, President of the
Electronic Privacy Information Center. On July 28, 2011, the
full Committee considered the bill and ordered it reported
favorably to the House as amended by a roll call vote of 19
yeas to 10 nays. The bill was reported to the House on November
10, 2011 as H. Rept. 112-281, Part I.
H.R. 1981 creates a new federal offense for the financial
facilitation of child pornography. This offense does not apply
to financial transactions conducted by a person in cooperation
with, or with the consent of, a federal, state or local law
enforcement agency. The legislation adds as predicate offenses
to the money laundering statute provisions regarding: (1) such
financial facilitation of access to child pornography, and (2)
obscene visual representation of the abuse of children.
H.R. 1981 requires commercial providers of an electronic
communication service to retain for one year a log of the
temporarily assigned network addresses the provider assigns to
a subscriber or customer. The legislation bars any cause of
action against a provider for retaining records as required and
makes a good faith reliance on the requirement to retain
records a complete defense to a civil action.
H.R. 1981 expresses the sense of Congress that such records
should be stored securely to protect customer privacy and
prevent against potential breaches of the records. The
legislation directs the Attorney General to study the privacy
standards implemented by providers with regard to compliance
with the retention requirement and the frequency of any
reported breaches of such data.
H.R. 1981 allows the issuance of an administrative subpoena
for the investigation of unregistered sex offenders by the
United States Marshals Service.
H.R. 1981 requires a U.S. district court to issue a
protective order prohibiting harassment or intimidation of a
minor victim or witness if the court finds evidence that the
conduct at issue is reasonably likely to adversely affect the
willingness of the minor witness or victim to testify or
otherwise participate in a federal criminal case or
investigation.
H.R. 1981 directs the United States Sentencing Commission
to review and amend federal sentencing guidelines and policy
statements to ensure that such guidelines provide an additional
penalty for obstruction of justice, namely witness
intimidation, associated with sex trafficking of children and
other child abuse crimes. Finally, the legislation imposes a
fine and/or prison term of up to 20 years for the possession of
pornographic images of a child under the age of 12.
H.R. 2168, the ``Geolocational Privacy and Surveillance Act''
(Serial No. 112-125)
The Subcommittee held a hearing on H.R. 2168 on May 17,
2012. Testimony was received from John Ramsey, National Vice
President, Federal Law Enforcement Officers Association; Joseph
I. Cassilly, Past-Present, National District Attorneys
Association; Edward J. Black, President and CEO, Computer &
Communications Industry Association; and, Catherine Crump,
Staff Attorney, American Civil Liberties Union.
H.R. 2168 amends the federal criminal code to prohibit
intentionally: (1) intercepting geolocation information
pertaining to another person; (2) disclosing to any other
person such information pertaining to another, knowing that the
information was obtained in violation of this Act; (3) using
geolocation information, knowing that the information was
obtained in violation of this Act; or (4) disclosing to any
other person the geolocation information pertaining to another
person intercepted by means authorized under this Act, knowing
that the information was obtained in connection with a criminal
investigation, having obtained or received information in
connection with a criminal investigation, with intent to
improperly obstruct, impede, or interfere with a duly
authorized criminal investigation. The legislation sets
penalties for violations.
The legislation makes specified exceptions for
interceptions involving: (1) information acquired by a provider
of covered services (electronic communication service, remote
computing service, or geolocation information service) in the
normal course of business; (2) federal officers, employees, or
agents conducting foreign intelligence surveillance; (3)
persons having given prior consent; (4) public information; (5)
emergency information; (6) theft; and (7) a warrant.
The legislation prohibits: (1) a person providing covered
services from intentionally divulging geolocation information
pertaining to another person, with exceptions; and (2) the use
of such information, and evidence derived from it, as evidence.
Authorizes: (1) the use of geolocation information by
investigative or law enforcement officers, or by a state's
principal prosecuting attorney, to intercept such information
under specified emergency circumstances; and (2) the recovery
of civil damages by any person whose geolocation information is
intercepted, disclosed, or intentionally used in violation of
this Act. H.R. 2168 also modifies the Federal Rules of Criminal
Procedure to require a search warrant to acquire geolocation
information.
H.R. 2168 amends the federal criminal code to include any
geolocation information service within the definition of a
``covered entity'' for purposes of provisions prohibiting
obtaining confidential phone records information from such an
entity by fraud or related activity.
The legislation also directs the United States Sentencing
Commission to review the federal sentencing guidelines and
policy statements applicable to persons convicted of fraud and
related activity in connection with obtaining certain
confidential phone records information. Finally, the
legislation prohibits acquiring geolocation information of a
person for protective activities or law enforcement or
intelligence purposes except pursuant to a warrant issued under
the Federal Rules of Criminal Procedure or the Foreign
Intelligence Surveillance Act.
Hearing on H.R. 2572, the ``Clean Up Government Act of 2011''
(Serial No. 112-70)
On July 26, 2011, the Subcommittee held a hearing on H.R.
2572, at which testimony was heard from Ms. Mary Pat Brown,
Deputy Assistant Attorney General of the Criminal Division of
the U.S. Department of Justice; Ms. Lisa Griffin, Professor of
Law at Duke University; and Mr. Timothy O'Toole, Partner at
Miller & Chevalier, LLP. The legislation was markup by the full
Committee on December 1, 2011 and was ordered reported, as
amended, by a roll call vote of 30 yeas to 0 nays. On September
21, 2012, the report to accompany the bill was filed as H.
Rept. 112-688.
H.R. 2572 restores prosecutorial tools that had been eroded
by various court decisions including restoring ``undisclosed
self dealing'' by a public official as a scheme or artifice to
defraud, restoring a prohibition on the giving or receiving of
gratuities because of ``official position,'' adds to the
definition of ``official act,'' ``any act within the range of
official duty,'' increases penalties for public corruption and
related offenses, expands venue, increases the statute of
limitations for serious public corruption offenses, and adds
offenses as wiretap predicates.
The bill also makes clarifications to aid the successful
investigation and prosecution of public corruption offenses by
creating a mechanism, outside of the current internal
mechanism, for misconduct on the part of Federal judges (28
U.S.C. 360(a)); clarifies that the exemption for bona fide
salaries paid in the normal course of business applies only to
the statute's prohibition on giving or receiving ``anything of
value'' as a bribe (18 U.S.C. 666(c)), and the bill expands the
number of officials at the Department of Justice that can
certify government interlocutory appeals from a district court
suppressing or excluding evidence (18 U.S.C. 3731).
H.R. 3361, the ``Utilizing DNA Technology to Solve Cold Cases
Act of 2011'' (Serial No. 112-147)
H.R. 3361 was introduced on November 3, 2011 by Rep. Adam
Schiff and referred to the Subcommittee. The Subcommittee held
a hearing on H.R. 3361 on April 25, 2012. Testimony was
received from Dennis Kilcoyne, Detective, Robbery and Homicide
Division, Los Angeles Police Department; Peter M. Marone,
Director, Virginia Department of Forensic Science; Henry T.
Greely, Deane F. and Kate Edelman Johnson Professor of Law,
Stanford Law School; and, Michael T. Risher, Staff Attorney,
ACLU of Northern California.
H.R. 3361 requires the Attorney General to adopt policies
and procedures to ensure that: (1) the Federal Bureau of
Investigation (FBI) may conduct familial searches for DNA
samples collected from crime scenes in federal investigations,
(2) a CODIS (Combined DNA Index System) state administrator or
a state attorney general may request that the FBI conduct such
searches in state investigations, and (3) the privacy interests
of persons identified in familial searches are protected.
Defines ``familial search'' as a search of the offender index
in the National DNA Index System in which a DNA sample from an
unknown source collected from a crime scene is compared to such
index to determine if a familial match exists between the DNA
profile contained in such index and the DNA sample collected
from the crime scene.
The legislation allows FBI familial searches to be
conducted only if: (1) no identical match for a DNA sample
collected from a crime scene can be identified in the offender
index; and (2) the investigation for which DNA samples are
collected involves murder, voluntary manslaughter, kidnapping,
a sex offense against a minor, or an offense for which an
offender would be required to register as a tier III sex
offender.
H.R. 3361 sets forth requirements for state requests for
such searches, including assurances that the requesting state
will: (1) take steps to facilitate the investigation of
familial matches from other states, and (2) investigate
possible familial matches in that state before requesting
assistance from other states.
H.R. 3668, the ``Counterfeit Drug Penalty Enhancement Act''
(Serial No. 112-132)
H.R. 3668 was introduced on December 14, 2011 by Rep. Pat
Meehan and referred to the Subcommittee. The Subcommittee held
a hearing on H.R. 3668 on March 28, 2012. Testimony was
received from Dara Corrigan, Associate Commissioner for
Regulatory Affairs, U.S. Food and Drug Administration; Thomas
T. Kubic, President and CEO, Pharmaceutical Security Institute;
Travis D. Johnson, Vice President, The International
AntiCounterfeiting Coalition; Gilbert Lee Sandler, Member,
Sandler, Travis, & Rosenberg, P.A.; and, Lucian E. Dervan,
Professor, Southern Illinois University School of Law. On June
6, 2012, the full Committee favorably reported the bill as
amended by a voice vote. Under suspension of the rules, the
House passed the bill, as amended, on July 18, 2012.
H.R. 3668 amends the federal criminal code to establish
criminal penalties of a fine, imprisonment for not more than 20
years, or both, for trafficking in counterfeit drugs. States
that nothing in this Act shall be construed to apply to a drug
solely because the drug is manufactured in or imported from a
foreign country
H.R. 4216, the ``Foreign Counterfeit Prevention Act'' (Serial
No. 112-132)
The Subcommittee held a legislative hearing on H.R. 4216 on
March 28, 2012. Testimony was received from Dara Corrigan,
Associate Commissioner for Regulatory Affairs, U.S. Food and
Drug Administration; Thomas T. Kubic, President and CEO,
Pharmaceutical Security Institute; Travis D. Johnson, Vice
President, The International AntiCounterfeiting Coalition;
Gilbert Lee Sandler, Member, Sandler, Travis, & Rosenberg,
P.A.; and, Lucian E. Dervan, Professor, Southern Illinois
University School of Law.
H.R. 4216 amends Title 18, United States Code, Section 1905
by permitting CBP officers and employees to contact certain
individuals or entities during the course of an official
investigation. A CBP official would be permitted to contact the
owner of a copyright or trademark during an investigation of
trademark or copyright infringement. In the event merchandise
violates certain copyright protections, a CBP official may
disclose certain information to a person injured by such a
violation.
H.R. 4223, the ``Safe Doses Act'' (Serial No. 112-132)
The Subcommittee held a hearing on H.R. 4223 on March 28,
2012. Testimony was received from Dara Corrigan, Associate
Commissioner for Regulatory Affairs, U.S. Food and Drug
Administration; Thomas T. Kubic, President and CEO,
Pharmaceutical Security Institute; Travis D. Johnson, Vice
President, The International AntiCounterfeiting Coalition;
Gilbert Lee Sandler, Member, Sandler, Travis, & Rosenberg,
P.A.; and, Lucian E. Dervan, Professor, Southern Illinois
University School of Law. On June 6, 2012, the full Committee
considered the bill and favorably reported to the House as
amended by a voice vote. The report to accompany the
legislation was filed on H. Rept. 112-549 on June 25, 2012.
Under suspension of the rules, the House passed the bill, as
amended, on June 26, 2012 by a voice vote. H.R. 4223 passed the
Senate without an amendment by unanimous consent on September
22, 2012. The President signed the measure into law on October
5, 2012 and Pub. Law 112-186.
H.R. 4223 increases sentences for the theft, transportation
and storage of medical product cargo; enhances penalties for
the ``fences'' who knowingly obtain stolen medical products for
resale into the supply chain; increases sentences when harm
occurs or trust is broken--in other words, where injury or
death results from ingestion of a stolen substance or where the
defendant is employed by an organization in the supply chain;
provides law enforcement tools such as wiretaps; and provides
restitution to victims injured by stolen medical products.
Oversight Activities
Hearing on Data Retention as a Tool for Investigating Internet
Child Pornography and Other Internet Crimes (Serial No. 112-3)
On January 25, 2011, the Subcommittee held a hearing to
examine the need for retention of certain data by Internet
Service Providers to facilitate law enforcement investigations
of Internet child pornography and other Internet crimes.
Testimony was received from Jason M. Weinstein, Deputy
Assistant Attorney General at the U.S. Department of Justice;
Chief John M. Douglass of the International Association of
Chiefs of Police; Kate Dean, Executive Director for the United
States Internet Services Provider Association; and, John B.
Morris, Jr., General Counsel at the Center for Democracy and
Technology.
Hearing on the Reauthorization of the Adam Walsh Act (Serial
No. 112-12)
On February 15, 2011, the Subcommittee held a hearing to
receive testimony on the Adam Walsh Act, of which, certain
provisions are due to expire this Congress. The purpose of this
hearing was to gather information on the status of the state
implementation of the Sex Offender Registration and
Notification Act (SORNA); the accomplishments of the Department
of Justice components, including the U.S. Marshals Service and
the Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking (SMART) Office, in implementing the
other mandates of the Adam Walsh Act; and whether technical or
other changes should be made to the bill at the time of its
reauthorization. Testimony was received from Dawn Doran, Deputy
Director of the Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking (SMART) Office at the
U.S. Department of Justice; Stacia A. Hylton, Director of the
U.S. Marshals Service at the U.S. Department of Justice; Ernie
Allen, President and CEO of the National Center for Missing and
Exploited Children; and, Representative Patricia Colloton of
the Kansas House of Representatives.
Hearing on Going Dark: Lawful Electronic Surveillance in the
Face of New Technologies (Serial No. 112-59)
On February 17, 2011, the Subcommittee held a hearing on
lawful electronic surveillance and heard from three witnesses:
Valeria E. Caproni, General Counsel at the Federal Bureau of
Investigation; Chief Mark A. Marshall, President of the
International Association of Chiefs of Police; and, Dr. Susan
Landau, from the Radcliffe Institute for Advance Study at
Harvard University. The purpose of this hearing was to examine
the gap that exists between legal authorities and technological
abilities. Specifically, the challenge faced by law enforcement
agencies when they seek to implement court ordered electronic
surveillance on new communication technologies. These lawful
attempts at surveillance are often frustrated by these new
technologies. A central focus of the hearing was an examination
of the Communications Assistance for Law Enforcement Act
(CALEA).
Hearing on the Reauthorization of the PATRIOT Act (Serial No.
112-14)
On March 9, 2011, the Subcommittee held a hearing to review
the use of, and the need for, the three provisions of the USA
PATRIOT Act set to expire on May 27, 2011. These three
provisions included Section 215 FISA Business Records, Section
206 Roving Wiretap authority, and the lone wolf definition. The
Subcommittee heard testimony from Todd Hinnen, the Acting
Assistant Attorney General at the National Security Division of
the Department of Justice; Robert Litt, General Counsel at the
Office of Director of National Intelligence; Nathan Sales,
Assistant Professor of Law at George Mason University; and,
Julian Sanchez, Research Fellow at the Cato Institute.
Hearing on the Permanent Provisions of the PATRIOT Act (Serial
No. 112-15)
On March 30, 2011, the Subcommittee continued its oversight
of the USA PATRIOT Act. This hearing focused on reviewing the
permanent provisions of the USA PATRIOT Act, including National
Security Letters, delayed-notice search authority, and other
provisions. Testimony was received from Todd Hinnen, the Acting
Assistant Attorney General at the National Security Division of
the Department of Justice; Kenneth L. Wainstein, Partner at
O'Melveny & Myers LLP; and, Mike German, the National Security
Policy Counsel at the American Civil Liberties Union.
Hearing on Justice for America: Using Military Commissions to
Try the 9/11 Conspirators (Serial No. 112-29)
On April 5, 2011, the Subcommittee held a hearing to gather
information on whether military commissions are preferable to
Article III courts for the trial and convictions of Guantanamo
detainees; the differences between the two systems of justice
when applied in a national security context, and the procedures
used in selecting which detainee will be tracked through which
system of justice. The Subcommittee heard testimony from David
Beamer, father of Flight 93 passenger David Beamer; Charles
``Cully'' Stimson, Senior Legal Fellow at The Heritage
Foundation; Stephanie Hessler, a Fellow at the Manhattan
Institute for Policy Research; and, Stephen Saltzburg,
Professor of Law at George Washington University.
Hearing on The USA PATRIOT Act: Dispelling the Myths (Serial
No. 112-32)
The Subcommittee convened a hearing on May 11, 2011 to
receive testimony from Patrick Rowan, Partner at McGuireWoods
LLP; The Honorable Bob Barr, former Congressman from Georgia's
7th District; Bruce Fein from the Campaign for Liberty; and, Ed
Mullins, President of the Sergeant Benevolent Association of
New York City. The purpose of this hearing was to clear up any
misconceptions or myths about the constitutionality and use of
Section 215 FISA Business Records, Section 206 Roving Wiretap
authority, and the lone wolf definition.
Hearing on the Foreign Corrupt Practices Act (Serial No. 112-
47)
On June 14, 2011, the Subcommittee held a hearing to
examine various issues surrounding the FCPA and the increase in
related enforcement actions brought by the Department of
Justice. Testimony was received from Mr. Greg Andres, Deputy
Assistant Attorney General of the Criminal Division at the U.S.
Department of Justice; The Honorable Michael Mukasey, Former
Attorney General and Partner at Debevoise & Plimpton LLP; Mr.
George Terwilliger, Partner at White & Case LLP; and Ms. Shana-
Tara Regon, Director of White Collar Crime Policy at the
National Association of Criminal Defense Lawyers.
Hearing on the Implementation of Certain International Nuclear
and Maritime Terrorism Agreements (Serial No. 112-71)
On October 5, 2011, the Subcommittee held a hearing to
examine what legislation is necessary to implement certain
provisions of various international nuclear and international
maritime terrorism treaties. These provisions criminalize
certain activities as they relate to nuclear and maritime
terrorism. Testimony was received from Mr. Thomas Countryman,
Assistant Secretary of the Bureau of International Security and
Nonproliferation at the United States Department of State; and
Mr. Brad Wiegmann, Principal Deputy Assistant Attorney General
for National Security at the United States Department of
Justice.
Hearing on Uncertain Justice: The Status of Federal Sentencing
and the U.S. Sentencing Commission Six Years after U.S. v.
Booker (Serial No. 112-142)
On October 12, 2011, the Subcommittee held a hearing to
examine various issues surrounding the sentencing of Federal
prisoners after the Supreme Court's Booker decision, which made
the Sentencing Guidelines advisory. Testimony was received from
the Honorable Patti B. Saris, Chair of the United States
Sentencing Commission; Mr. Matthew Miner, Partner at White &
Case LLP; Mr. William Otis, Adjunct Professor at Georgetown
Law; and Mr. James Felman, Kynes, Markman & Felman, P.A.
Hearing on the U.S. Department of Justice Office of Justice
Programs (Serial No. 112-146)
On November 2, 2011, the Subcommittee held a hearing on the
office of Justice Programs, the principal administrator of
grant programs within DOJ, to assess and identify those
programs that most effectively achieve their intended impact.
Testimony was received from the Honorable Laurie Robinson,
Assistant Attorney General of the Office of Justice Programs of
the United States Department of Justice.
Hearing on 21st Century Law Enforcement: How Smart Policing
Targets Criminal Behavior (Serial No. 112-74)
On November 4, 2011, the Subcommittee held a hearing to
examine how modern policing has evolved to target specific
criminal behaviors. Testimony was received from Mr. Hilary
Shelton, Senior Vice President for Advocacy and Policy and
Director of NAACP Washington Bureau; Ms. Heather Mac Donald,
Senior Fellow at The Manhattan Institute for Policy Research;
Mr. Edward Conlon, Former NYPD Detective and Author; Mr. David
Harris, Professor of Law and Associate Dean for Research at the
University of Pittsburgh Law; and Mr. Jiles Ship, National
President of the National Organization of Black Law Enforcement
Executives (NOBLE).
Hearing on Cyber Security: Protecting America's New Frontier
(Serial No. 112-80)
On November 15, 2011, the Subcommittee held a hearing to
become better acquainted with the importance of cyber security
in general and help identify potential areas where improvement
is needed in our security infrastructure together with possible
legislative solutions. Testimony was received from Mr. Richard
Downing, Deputy Chief of the Computer Crime and Intellectual
Property Section, Criminal Division at the United States
Department of Justice; The Honorable Michael Chertoff, Co-
Founder and Managing Principal at Chertoff Group; Mr. James
Baker, Lecturer on Law at Harvard Law School; and Mr. Orin
Kerr, Professor of Law at George Washington University.
Hearing on Combating Transnational Organized Crime:
International Money Laundering as a Threat to our Financial
Systems (Serial No. 112-86)
On February 8, 2012, the Subcommittee held a hearing to
examine the impact of international money laundering of illicit
proceeds on the financial and banking systems of the United
States. Testimony was received from Jennifer Shasky Calvery,
Chief of the Asset Forfeiture and Money Laundering Section in
the Criminal Division of the Department of Justice; Luke
Brolin, Deputy Assistant Secretary of the Office of Terrorism
Financing and Financial Crimes of the Treasury Department; and,
David Smith, Chair of the Forfeiture Committee of the National
Association of Criminal Defense Lawyers.
Hearing on the U.S. Department of Justice Office on Violence
Against Women (Serial No. 112-)
On February 16, 2012, the Subcommittee held a hearing on
general oversight of the U.S. Department of Justice Office on
Violence Against Women. Testimony was received from Susan
Carbon, Director of the Department of Justice's Office on
Violence Against Women.
Hearing on the U.S. Department of Justice Community Oriented
Policing Services Office (Serial No. 112-97)
On February 29, 2012, the Subcommittee held a hearing on
general oversight of the U.S. Department of Justice Office of
Community Oriented Policing Services. Testimony was received
from Bernard K. Melekian, Director of the Department of
Justice's Office of Community Oriented Policing Services.
Hearing on the Prescription Drug Epidemic in America (Serial
No. 112-95)
On March 7, 2012, the Subcommittee held a hearing to
examine the impact of prescription drug abuse. Testimony was
received from the Honorable Nick J. Rahall II, Member of
Congress; the Honorable Harold Rogers, Member of Congress; the
Honorable Mary Bono Mack, Member of Congress; and, the
Honorable Stephen Lynch, Member of Congress.
Hearing on Secure Identification: The REAL ID Act's Minimum
Standards for Driver's Licenses and Identification Cards
(Serial No. 112-103)
On March 21, 2012, the Subcommittee held a hearing to
examine the impact of the implementation of the Real ID Act.
Testimony was received from David Heyman, Assistant Secretary
of the Office of Policy, U.S. Department of Homeland Security;
Darrell Williams, Former Senior Director of the Office of
State-Issued ID Support, U.S. Department of Homeland Security;
Stewart Baker, Partner, Steptoe & Johnson LLP; and, David Quam,
Director of the Office of Federal Relations, National Governors
Association.
Hearing on the Prosecution of Former Senator Ted Stevens
(Serial No. 112-106)
On April 19, 2012, the Subcommittee held an oversight
hearing on the prosecution of former Senator Ted Stevens. The
hearing examined issues concerning the findings in the Special
Counsel's Report to Hon. Emmet G. Sullivan of Investigation
Conducted Pursuant to the Court's Order, dated April 7, 2009,
In Re Special Proceedings, Misc. No. 09-0198 (EGS) (D.D.C.
November 14, 2011) (``Report''). Testimony was received from
Henry F. Schuelke, III, Partner, Janis, Schuelke, and Wechsler;
Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft
LLP; and, Alan Baron, Senior Counsel; Seyfarth Shaw LLP.
Hearing on The FISA Amendments Act of 2008 (Serial No. 112-
129)
On May 31, 2012, the Subcommittee held a hearing to examine
various issues surrounding the Foreign Intelligence
Surveillance Act and the proposed reauthorization of the FISA
Amendments Act. Testimony was received from Kenneth L.
Wainstein, Partner, Cadwalader, Wickersham & Taft LLP; Marc
Rotenberg, Executive Director, Electronic Privacy Information
Center; and, Jameel Jaffer, Deputy Legal Director, American
Civil Liberties Union.
Hearing on the Drug Enforcement Administration (Serial No.
112-)
The Subcommittee convened an oversight hearing on June 20,
2012 and heard testimony from the director of the Drug
Enforcement Administration, Michele Leonhart.
Hearing on Identity Theft and Income Tax Preparation Fraud
(Serial No. 112-126)
On June 28, 2012, the Subcommittee held a hearing to
examine two similar, and growing, types of tax fraud--income
tax fraud through identity theft and fraudulent income tax
preparation activities. Testimony was received from Rebecca
Sparkman, Director, Operations Policy and Support, Criminal
Investigation Division, Internal Revenue Service; Nina Olson,
United States Tax Payer Advocate, Office of the Taxpayer
Advocate, Internal Revenue Service; Sanford Zinman, National
Tax Chair, National Conference of CPA Practitioners (NCCPAP);
and, Michael Robinson, a victim of income tax preparation
fraud.
Hearing on National Security Leaks and the Law (Serial No.
112-139)
The Subcommittee held on hearing on July 11, 2012, to
examine various issues surrounding the recent national security
leaks to the media, and the options available to investigate
and prosecute those responsible. Testimony was received from
Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft
LLP; Nathan Sales, Assistant Professor of Law, George Mason
University; Colonel Ken Allard, USA, Ret.; and Steve Vladeck,
Professor of Law, American University Washington College of
Law.
Hearing on Beyond the Streets: America's Evolving Gang Threat
(Serial No. 112-140)
On July 25, 2012, the Subcommittee convened a hearing to
examine the growing national problem of gang violence and gang-
related crime. Testimony was received from Commander Robert
Green, Operations--South Bureau, Los Angeles Police Department;
Sheriff Richard W. Stanek, Hennepin County Sheriff's Office;
Tim King, Chief Executive Officer, Urban Prep Academies; and,
Constance L. Rice, Co-Director/Attorney, Advancement Project.
SUBCOMMITTEE ON IMMIGRATION POLICY AND ENFORCEMENT
ELTON GALLEGLY, California,
Chairman
STEVE KING, Iowa, Vice-Chairman
ZOE LOFGREN, California DANIEL E. LUNGREN, California
SHEILA JACKSON LEE, Texas LOUIE GOHMERT, Texas
MAXINE WATERS, California TED POE, Texas
PEDRO R. PIERLUISI, Puerto Rico TREY GOWDY, South Carolina
DENNIS ROSS, Florida
Jurisdiction of the Subcommittee
The Subcommittee on Immigration Policy and Enforcement
shall have jurisdiction over the following subject matters:
immigration and naturalization, border security, admission of
refugees, treaties, conventions and international agreements,
claims against the United States, Federal charters of
incorporation, private immigration and claims bills, non-border
enforcement, other appropriate matters as referred by the
Chairman, and relevant oversight.
Legislative Activities
Meeting to Adopt Rules of Procedure and Statement of Policy
for Private Immigration Bills and Statement of Policy on New
Federal Charters; and to Request Department of Homeland
Security Departmental Reports on the Beneficiaries of: H.R.
316, Private Bill for the relief of Esther Njeri Karinge, H.R.
357, Private Bill for the relief of Corina De Chalup
Turcinovic, H.R. 794, Private Bill for the Relief of Allan
Bolor Kelley, H.R. 823, Private Bill for the Relief of Maria
Carmen Castro Ramirez and J. Refugio Carreno Rojas, and H.R.
824, Private Bill for the Relief of Daniel Wachira.
On March 10, 2011, the Subcommittee met to approve rules of
procedure and a statement of policy for private immigration
bills and a statement of policy on new federal charters. The
Subcommittee also considered five private bills for the purpose
of requesting DHS departmental beneficiary reports from U.S.
Immigration and Customs Enforcement. At the meeting, the
Subcommittee agreed by voice vote to uphold the motion to
request a departmental report on the beneficiaries. On March
15, 2011, the Subcommittee sent a letter to Director John
Morton and officially requested that ICE provide departmental
reports.
Hearing on H.R. 704, the ``SAFE for America Act'' (Serial No.
112-27)
On April 5, 2011, the Subcommittee held a hearing to
consider H.R. 704, which eliminates the diversity immigrant
visa program. At the hearing, testimony was received from the
Honorable Bob Goodlatte (VA-6); Tony Edson, former Deputy
Assistant Secretary of State for Visa Services; Janice Kephart,
Director of National Security Policy at the Center for
Immigration Studies and Ambassador; and Johnny Young, Executive
Director of Migration and Refugee Services of the U.S.
Conference of Catholic Bishops.
Hearing on H.R. 1741, the ``Secure Visas Act'' (Serial No.
112-39)
On May 11, 2011, the Subcommittee held a hearing on H.R.
1741 and received testimony from Gary Cote, Acting Deputy
Assistant Director for the Office of International Affairs at
Immigration and Customs Enforcement, Department of Homeland
Security; David T. Donahue, Deputy Assistant Secretary for Visa
Services at the Bureau of Consular Affairs, State Department;
Janice Kephart, Director of National Security Policy at the
Center for Immigration Studies; and Edward (Ted) Allen, Bernard
L. Schwartz Senior Fellow at the Council on Foreign Relations.
H.R. 1741 provides for the placement of Department of
Homeland Security visa security units at specified U.S.
consular posts overseas and eliminates judicial review of
removal proceedings based upon visa revocations.
Meeting to Request a Department of Homeland Security
Departmental Report on the Beneficiary of H.R. 1857, for the
relief of Bartosz Kumor
On Wednesday, October 5, 2011, the Subcommittee met to
consider the private bill for the purpose of requesting a DHS
departmental beneficiary report from U.S. Immigration and
Customs Enforcement. At the meeting, the Subcommittee agreed by
voice vote to uphold the motion to request a departmental
report on the beneficiary. On October 6, 2011, the Subcommittee
sent a letter to Director John Morton and officially requested
that ICE provide a departmental report.
Hearing on H.R. 1932, the ``Keep Our Communities Safe Act of
2011'' (Serial No. 112-43)
On May 24, 2011, the Subcommittee held a hearing on H.R.
1932, at which testimony was received from Gary Mead, Executive
Director for Enforcement and Removal Operations, U.S.
Immigration and Customs Enforcement; Thomas H. Dupree, Jr.,
Partner, Gibson, Dunn & Crutcher LLP; Chief Douglas Baker,
Chief of Police, Fort Myers, Florida; and Ahilan Arulanantham,
Deputy Legal Director, ACLU of Southern California.
H.R. 1932 amends the Immigration and Nationality Act (INA)
to revise provisions regarding the detention and removal of
aliens ordered removed. It begins the removal period on the
latest of: (1) the date the removal order becomes
administratively final; (2) the date the alien is taken into
Department of Homeland Security (DHS) custody if the alien is
not in DHS custody on the date the removal order becomes
administratively final; or (3) if the alien is detained or
confined (except under an immigration process) on the date the
removal order becomes administratively final, the date the
alien is taken into DHS custody after the alien is released
from detention or confinement. It also extends the removal (and
detention) period beyond 90 days if: (1) the alien fails or
refuses to comply with the removal order or to fully cooperate
with DHS efforts to establish the alien's identity and carry
out the removal order; (2) a court, the Board of Immigration
Appeals, or an immigration judge orders a stay of removal of an
alien who is subject to a final removal order; or (3) DHS
transfers custody of the alien to another federal agency or to
a state or local agency.
Further, the bill begins a new removal period in the case
of such an extended removal on the date: (1) the alien makes
all reasonable efforts to comply with the removal order or to
fully cooperate with DHS efforts to establish the alien's
identity and carry out the removal order, (2) the stay of
removal is no longer in effect, or (3) the alien is returned to
DHS custody. It also authorizes DHS to detain indefinitely,
subject to six-month review, an alien under removal order who
cannot be removed if: (1) the alien will be removed in the
reasonably foreseeable future; (2) the alien would have been
removed but for the alien's refusal to cooperate with DHS
identification and removal efforts; (3) the alien has a highly
contagious disease that poses a public safety threat; (4)
release would have serious adverse foreign policy consequences
or would threaten national security; (5) release would threaten
the safety of the community or any person and the alien has
been convicted of either one or more aggravated felonies or
crimes of violence and, because of a mental or personality
condition, is likely to engage in future acts of violence; or
(6) release would threaten the safety of the community or any
person and the alien has been convicted of one or more
aggravated felonies.
H.R. 1932 also authorizes unlimited detention of certain
aliens during removal proceedings. It states that habeas corpus
review of such detention and related actions or decisions shall
be available only in the U.S. District Court for the District
of Columbia after exhaustion of administrative remedies. It
subjects a criminal alien to mandatory DHS detention upon
release without regard to whether the alien's release is
related to: (1) certain activities, offenses, or convictions
under INA; (2) whether the alien is released on parole,
supervised release, or probation; or (3) whether the alien may
be arrested or imprisoned again for the same offense.
Finally, the bill limits the Attorney General's (DOJ)
review of DHS custody determinations to whether the alien may
be detained, released with no bond, or released on bond of at
least $1,500. It limits the Attorney General's review of DHS
custody determinations for an alien in certain categories to
whether the alien was properly included in such category. It
expresses the sense of Congress that: (1) this Act should
ensure that constitutional rights are protected, and (2) it is
the intention of Congress to uphold the constitutional
principles of due process and that due process is a right of
everyone in the United States.
Hearing on H.R. 2121, the ``China Democracy Promotion Act of
2011'' (Serial No. 112-65)
On November 2, 2011, the Subcommittee held a hearing on
H.R. 2121, at which testimony was received from The Honorable
Christopher Smith, Member of Congress; Ms. Chai Ling, Founder,
All Girls Allowed; Ruth Wasem, Ph.D., Congressional Research
Service, The Library of Congress, Washington, D.C.
H.R. 2121 authorizes the President to deny U.S. entry to an
alien who: (1) holds a position in the senior leadership of the
government of the People's Republic of China (PRC), or is an
immediate family member of such person; (2) through his or her
business dealings with senior PRC leadership derives
significant financial benefit from policies or actions that
undermine democratic institutions in the PRC; (3) has
participated in the PRC's coercive birth limitation policy; (4)
has participated in the repression or persecution of Tibetans,
Uyghurs, Mongolians, or other ethnic minority; (5) has
participated in the trafficking of North Korean refugees; or
(6) is a member of the PRC's security or law enforcement
services and has participated in the repression or persecution
of any individual in violation of such individual's human
rights.
Hearing on H.R. 2164, the ``Legal Workforce Act'' (Serial No.
112-44)
On June 15, 2011, the Subcommittee held a hearing on H.R.
2164, at which testimony was received from The Honorable Ken
Calvert, United States Congressman from the state of
California; Barry Rutenberg, First Vice Chairman of the Board,
National Association of Home Builders; Craig S. Miller, Former
Chairman, National Restaurant Association; Tyler Moran, Policy
Director, National Immigration Law Center.
H.R. 2164 amends the Immigration and Nationality Act to
direct the Secretary of Homeland Security (DHS) to establish an
employment eligibility verification system, patterned after the
E-Verify system. (Eliminates the current paper-based I-9
system.)
Hearing on H.R. 2497, the ``Hinder the Administration's
Legalization Temptation Act'' (Serial No. 112-50)
On July 26, 2011, the Subcommittee held a hearing on H.R.
2497, at which testimony was received from The Honorable David
Vitter, United States Senator; Chris Crane, President, National
ICE Council; Jessica Vaughan, Policy Director, Center for
Immigration Studies; Margaret Stock, Adjunct Professor,
University of Alaska Anchorage.
H.R. 2497 suspends, until January 21, 2013, authority under
the Immigration and Nationality Act for: (1) waivers of
inadmissibility for aliens unlawfully present in the United
States; (2) cancellation of removal and adjustment of status
for certain non-permanent residents; (3) temporary parole into
the United States, except for parole entries for humanitarian,
law enforcement, or security purposes; and (4) designation of a
country for temporary protected status. It prohibits the
Secretary of Homeland Security (DHS) from granting deferred
action or extended voluntary departure to any alien until
January 21, 2013, except for humanitarian, law enforcement, or
security purposes.
Hearing on H.R. 2831, To amend Public Law 89-732 to modify the
requirement for a Cuban national to qualify for and maintain
status as a permanent resident. (Serial No. 112-108)
On May 31, 2012, the Subcommittee held a hearing on H.R.
2831, at which testimony was received by Representative David
Rivera, 25th district of Florida; Mauricio Claver-Carone,
Executive Director, Cuba Democracy Advocates; Juan Carlos
Gomez, Director of the Carlos A. Costa Immigration and Human
Rights Clinic at the Florida International University College
of Law; and Tomas Bilbao, Executive Director, Cuba Study Group.
H.R. 2831 amends the Cuban Adjustment Act (CAA) so that
Cuban nationals who come to the U.S. cannot later travel to
Cuba after receiving permanent residence pursuant to the CAA.
Any Cuban national who subsequently adjusts status to legal
permanent residency will have their permanent resident status
revoked if they travel to Cuba. In addition, any Cuban national
who returns to Cuba after having been admitted or paroled into
the U.S. is ineligible for adjustment of status pursuant to the
CAA.
Hearing on H.R. 2847, the ``American Specialty Agriculture
Act'' (Serial No. 112-52)
On September 8, 2011, the Subcommittee held a hearing on
the legislation, at which testimony was received from Lee
Wicker, Deputy Director, North Carolina Growers Association;
Chalmers Carr, President and CEO, Titan Farms, South Carolina;
Dan Fazio, Director, Washington Farm Labor Association; Robert
Williams, Director of Migrant Farmworker Justice Project,
Florida Legal Services.
H.R. 2847 amends the Immigration and Nationality Act to
establish an H-2C nonimmigrant visa for an alien having a
residence in a foreign country which he or she has no intention
of abandoning and who is coming temporarily (10-month maximum
per contract period) to the United States to perform
agricultural labor or services.
Hearing on H.R. 2899, the ``Chinese Media Reciprocity Act of
2011'' (Serial No. 112-110)
On June 20, 2012, the Subcommittee held a hearing on H.R.
2899, at which testimony was received from Hon. Dana
Rohrabacher, John Lenczowski, Nick Zahn, and Robert Daly.
H.R. 2899 amends the Immigration and Nationality Act to
limit the number of I-visas (foreign media) issued to state-
controlled media workers from China to the number of visas
issued by China to U.S. nationals who are employees of the
Broadcasting Board of Governors (BBG) and who seek to enter
China solely to engage in such vocation. It requires revocation
of a sufficient number of I-visas issued to Chinese state media
workers in order to reach parity with the number of visas
issued by China for BBG employees seeking entry into China.
Hearing on H.R. 3039, the ``Welcoming Business Travelers and
Tourists to America Act of 2011'' (Serial No. 112-107)
On May 17, 2012, the Subcommittee held a hearing on H.R.
3039, at which testimony was received from two panels of
witnesses. The first panel consisted of The Honorable Joe Heck.
The second panel consisted of Janice Kephart, Director of
National Security Policy at the Center for Immigration Studies;
Jessica Zuckerman, Research Assistant at the Heritage
Foundation's Allison Center for Foreign Policy Studies; and
Edward (Ted) Alden, Bernard L. Schwartz Senior Fellow at the
Council on Foreign Relations.
H.R. 3039: (1) Requires the Secretary of State to hire the
necessary number of Foreign Service officers and limited non-
career appointment officers required to achieve and maintain a
maximum 12 day visa processing standard. (2) Directs the
Secretary of State to conduct a two-year pilot program for
processing non-immigrant visas via video conferencing, and to
submit a report to Congress on the pilot program's feasibility
for wide-spread implementation. (3) Directs the Secretary of
State to post data regarding non-immigrant visa wait times. (4)
Requires the Secretary of State to submit a report to Congress
regarding the demand projections for non-immigrant visas from
China, India, and Brazil, and regarding their short and long
term plans to meet forecast demand. Additionally, the provision
requires that the State Department's non-immigrant visa demand
projections and the Commerce Department's yearly visitor
arrival projections be compared and aligned. (5) Allows the
Secretary of State to modify agreements with foreign countries
to allow an increased visa validity period.
Hearing on H.R. 3808, the ``Scott Gardner Act'' (Serial No.
112-96)
On March 7, 2012, the Subcommittee held a hearing on H.R.
3808, at which testimony was received from two panels of
witnesses. The first panel consisted of the Honorable Sue
Myrick; the Honorable Mike McIntyre; and the Honorable Charles
Gonzalez. The second panel consisted of Sherriff Chuck Jenkins
of Frederick County, Maryland; Dennis McCann of Cooke County,
Illinois; Jessica Vaughan of Center for Immigration Studies;
and Chief Chris Burbank of Salt Lake City Utah.
H.R. 3808 amends the Immigration and Nationality Act to
direct the Attorney General (DOJ) to take into custody an alien
who is unlawfully in the United States and is arrested by a
state or local law enforcement officer for driving while
intoxicated or a similar violation. Directs the officer, upon
reasonable grounds to believe the individual is an alien, to:
(1) verify the individual's immigration status, and (2) take
into custody for federal transfer an individual who is
unlawfully in the United States. It also directs the Secretary
of Homeland Security (DHS) to reimburse states and localities
for related transportation costs when such transportation is
not done in the course of normal duties.
Oversight Activities
Hearing on ICE Worksite Enforcement--Up to the Job? (Serial
No. 112-2)
On January 26, 2011, the Subcommittee held a hearing on the
level and focus of U.S. Immigration and Customs Enforcement's
enforcement of the laws prohibiting the employment of
unauthorized workers. The Subcommittee received testimony from
Kumar Kibble, Deputy Director at U.S. Immigration and Customs
Enforcement, Department of Homeland Security; Mark Krikorian,
Executive Director at Center for Immigration Studies, Michael
Cutler; and Daniel Griswold, Director, Center for Trade Policy
Studies at Cato Institute.
Hearing on E-Verify--Preserving Jobs for American Workers
(Serial No. 112-4)
On February 10, 2011, the Subcommittee held a hearing on
the operations of the E-Verify program to verify the employment
eligibility of workers. The Subcommittee received testimony
from Theresa Bertucci, Associate Director, Enterprise Services
Directorate, U.S. Citizenship and Immigration Services; and
Richard M. Stana, Director of Homeland Security and Justice
Issues, U.S. Government Accountability Office.