Legislation of the 111th Congress (2009-2011)

Bill Numbers: H.R. 4892, S. 3081

Status: Introduced March 4, 2010 in the Senate, and referred to Senate Committee on the Judiciary. Introduced March 19, 2010 in the House, and referred to House committees (Judiciary, Armed Services, and Intelligence). Referred to House Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Sponsors: Rep. Howard McKeon (R-CA), Sen. John McCain (R-AZ)

This bill calls for any suspect that is detained for crimes of terrorism against the U.S. or one of its coalition partners to be handled by the military for interrogation and prosecution.  Further, it defines an “unprivileged enemy belligerent” as any person who: “has engaged in hostilities against the United States or its coalition partners; has purposely and materially supported hostilities against the United States or its coalition partners; or was a part of al Qaeda at the time of capture.”  It also bars the Department of Justice from using federally apportioned funds, its entire operating budget, to prosecute detainees in criminal court.

Bill Numbers: H.R.920, H.R.922, & H.R.923

Status: All bills were introduced on November 19, 2009, and referred to committees (Homeland Security, Judiciary, and Intelligence; respectively). All bills have also been placed on the House Calendar as numbers 144, 143, and 148; respectively.

Sponsors: Rep. Lamar Smith (R-TX), Peter King (R-NY), and Peter Hoekstra (R-MI), respectively.

These bills call upon the President, Attorney General and Secretary of Homeland Security to present to Congress all plans, information and discussions that have occurred regarding the transfer of detainees and terrorism suspects from the U.S. Naval base at Guantánamo Bay, Cuba to a detention facility in the U.S.

Bill Numbers: H.R.2294, H.R.4086, H.R.4093, H.R.4097, H.R.4120, H.R.4464, H.R.4490, H.R.4600, H.R.4648

Status: All the bills have been introduced and have been assigned to committee and/or subcommittee, where they all remain. No floor debate or vote has taken place or is scheduled at this time.

Sponsors (in order): Rep. Mark Kirk (R-IL), John Boehner (R-OH), Donald Manzullo (R-IL), Aaron Schock (R-IL), Thomas Latham (R-IA), John Gingrey (R-GA), Howard McKeon (R-CA), Ileana Ros-Lehtinen (R-FL), and Lamar Smith (R-TX).

Some of these bills seek to restrict the use of funds, facilities, and individual states for the purposes of housing or trying detainees currently housed at the U.S. Naval base at Guantánamo Bay, Cuba.  Others seek to restrict the release of detainees who will not or cannot be prosecuted.

Bill Number: H.R.4542 & S.2795, H.R.4556, H.R.4588.

Status: All bills have been introduced and assigned to a committee and/or subcommittee, where they all currently remain. No floor debate or vote has taken place or been scheduled for any of the bills.

Sponsors (in order): Rep. Peter King (R-NY), David Vitter (R-LA), Frank Wolf (R-VA), Thomas Rooney (R-FL)

The bills seek to restrict the Department of Justice, primarily through limiting the use of its funds, from prosecuting detainees at Guantánamo Bay in criminal courts.  They also insist that the detainees be prosecuted in military commissions, instead, and that the detention facilities at Guantánamo Bay remain open and in use, indefinitely.

Bill Number: H.R. 4470

Status: Introduced January 19, 2010, and referred to committees (Judiciary and Homeland Security). Referred to House Subcommittees on the Constitution, Civil Rights, and Civil Liberties & on Border, Maritime, and Global Counterterrorism.

Sponsor: Rep. Diane Watson (D-CA)

This bill establishes a basic level of rights and manner of treatment for all individuals detained by the U.S. government, including religious protections, legal representation, and medical care, among other things.

Bill Number: H.R.4415

Status: Introduced January 12, 2010, and referred to the House Armed Services Committee.

Sponsor: Rep. Candice Miller (R-MI)

This bill attempts to make a distinction between different types of detainees and seeks to try, strictly by military commission, any individual who:

1. is closely associated with or has provided material support to al Qaeda or any other organization dedicated to committing acts of terrorism against the United States;
2. has taken up or conspired to take up arms on behalf of al Qaeda; and
3. has committed or conspired to commit acts of terrorism against the United States or American citizens or targets, regardless of the location of the individual's capture.

It also allows for the President to detain any terror suspect for an indefinite amount of time, without having to prove how or why the suspect is a threat to the U.S.

Bill Number: H.R. 417

Status: Introduced December 15, 2009, and referred to committees (Judiciary, Homeland Security, Armed Services, Foreign Affairs, Natural Resources, Ways and Means, Education and Labor, Oversight and Government Reform, and House Administration). Referred to House Subcommittee on Border, Maritime, and Global Counterterrorism, the subcommittee on Terrorism, Unconventional Threats and Capabilities, and the subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

Sponsor: Rep. Solomon Ortiz (D-TX)

Co-Sponsors: 97 total

This bill would, among other things, direct the Secretary of Homeland Security to establish an Immigration Detention Commission, with provisions for immigration enforcement protections; unlawful detentions; protections for vulnerable populations; apprehension procedures for families and family detention; welfare requirements for children separated from detained or removed parents; unaccompanied alien children; and female detainees.

Bill Number: S. 1686, H.R. 4005

Status: Introduced in the Senate on September 17, 2009 (Constitution Day), and referred to the Committee on the Judiciary. The bill was not voted out of committee.

Introduced in the House on November 3, 2009, and referred to the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security and to the Committees on Financial Services and Select Intelligence.

Sponsor:Senator Russ Feingold (D-WI); Representative Rush Holt (D-NJ)

Senate Co-Sponsors:

• Daniel Akaka (D-HI)
• Jeff Bingaman (D-NM)
• Dick Durbin (D-IL)
• Frank Launtenberg (D-NJ)
• Robert Menendez (D-NJ)
• Jeff Merkley (D-OR)
• Bernie Sanders (I-VT)
• Jon Tester (D-MT)
• Tom Udall (D-NM)
• Ron Wyden (D-OR)

House Co-Sponsor:

• Michael Capuano (D-MA)

The Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act would reform the USA PATRIOT Act, the FISA Amendments Act and other surveillance authorities to protect Americans' constitutional rights, while preserving the powers of our government to fight terrorism. 

The JUSTICE Act reforms include more effective checks on government searches of Americans' personal records, the "sneak and peek" search provision of the PATRIOT Act, "John Doe" roving wiretaps and other overbroad authorities.  The bill will also reform the FISA Amendments Act, passed last year, by repealing the retroactive immunity provision, preventing "bulk collection" of the contents of Americans' international communications, and prohibiting "reverse targeting" of innocent Americans.  The bill enables better oversight of the use of National Security Letters (NSLs) after the Department of Justice Inspector General issued reports detailing the misuse and abuse of the NSLs.

For more information about the PATRIOT Act, see the resources from BORDC's February 3, 2010, lobby day.

Bill Number: H.R.3845

Status: Introduced October 20, 2009, and referred to House Committees on Judiciary, Intelligence, and Financial Services. Discharged by Committees on Intelligence and Financial Services. Placed on the Union Calendar, Calendar No. 240.

Sponsor: Representative John Conyers (D-MI)

Co-Sponsors: This bill has 11 Co-Sponsors.

This bill would reintroduce a number of provisions from the JUSTICE Act that did not make it into the bill reported out of the Judiciary Committee, the USA PATRIOT Act Sunset Extension Act.

The USA PATRIOT Amendments Act of 2009 provisions include:

• Restoring the issuance of national security letters (NSLs) to the pre-PATRIOT Act standards.  Under the current standards, both use and abuse of NSLs have skyrocketed.
• Subjecting to judicial review unconstitutional gag orders that routinely accompany NSLs.
• Increased reporting requirements for use of NSLs and Section 215 business record requests.
• Adding a 2013 sunset for NSLs and allowing roving wiretap powers to expire at the end of 2009.

For more information about the PATRIOT Act, see the resources from BORDC's February 3, 2010, lobby day.

Bill Number: S.1692

Status: Placed on Senate Legislative Calendar under General Orders. Calendar No. 177. Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-92. Additional and Minority views filed.

Sponsor: Senator Patrick Leahy (D-VT)

Co-Sponsors: This bill has 6 Co-Sponsors.

This bill, introduced September 22, 2009, would extend provisions of the PATRIOT Act set to expire at the end of 2009 while instituting reforms to protect Americans' rights and curb government abuses. However, those reforms are just the tip of the iceberg, and while this bill stops there, the JUSTICE Act goes much further in instituting limits on government and protecting the liberty and privacy of law-abiding Americans.

For more information about the PATRIOT Act, see the resources from BORDC's February 3, 2010, lobby day.

Bill Number: H.R. 3846

Status: Introduced October 20, 2009, and referred to the Committees on Intelligence and the Judiciary. Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Sponsor: Rep. John Conyers (D-MI)

Co-Sponsors: This bill has 6 Co-Sponsors.

The FISA Amendments Act of 2009 provisions include:

• Rescinding the telecom immunity provision of last year’s FISA Amendments Act.
• Preventing bulk collection of communications and reverse targeting of law-abiding Americans.

Bill Number: H.R. 3471

Status: Introduced in the House on July 31, 2009. Referred to the Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. Referred to the Oversight and Government Reform Subcommittee on Information Policy, Census, and National Archives.

Sponsor: Rep. Steve Cohen (D-TN)

Co-Sponsors: This bill has 7 Co-Sponsors.

This bill would repeal the REAL ID Act of 2005. The bill comes after 25 states have rejected REAL ID (15 of which have passed binding resolutions prohibiting state involvement in the program), and as the future of the program seems to be in doubt. This bill would replace the REAL ID requirements with a rule-making process originally developed in response to the 9/11 Commission recommendations.

Additional Information:

• Read the ACLU's press release on the repeal of REAL ID.

Bill Number: S. 1261

Status: Placed on Senate Legislative Calendar under General Orders. Calendar No. 217. Senator Lieberman from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 111-104.

Sponsor: Sen. Daniel Akaka (D-HI)

Co-Sponsors: This bill has 8 co-sponsors.

This bill allows for certain revisions to be made to the REAL ID Act of 2005. These revisions are intended to address the privacy and security concerns raised by the original bill.

Additional Information:

• The Center for Democracy and Technology Supports Privacy Protection Proposed in the PASS ID Bill.
• A rebuttal of the CDT's support by Jim Harper at Cato@Liberty.

Bill Number: S. 417, H.R. 984

Status: The bill has since been amended and marked-up several times, but remains in committee.

Sponsor: Sen. Patrick Leahy (D-VT); Rep. Jerrold Nadler (D-NY)

This bill's goal is to provide guidance to courts on cases in which the State Secrets Privilege has been invoked. Specifically, it would keep courts from dismissing cases solely because the State Secrets Privilege has been invoked, although judges could still do so after reviewing the information behind the claim and allowing the defense to make a counterclaim. The bill would also establish new safeguards for protecting classified information and provide a way for judges to report on the cases to Congress.

Bill Number: H.R. 1507, S. 372

Status: Introduced to Senate on February 3, 2009 and to the House on March 12, 2009. House version was referred to the Committee on Oversight and Government Reform, and to the Committee on Homeland Security. Senate version was referred to Homeland Security and Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia on March 20, 2009. The Senate version has since been placed on Senate Legislative Calendar under General Orders. Calendar No. 219.  S. 372 has also been amended by Senator Lieberman since the bill was put on the calendar.

Sponsors: Rep. Chris Van Hollen (D-MD), Sen. Daniel Akaka (D-HI)

Senate Co-sponsors: This bill has 12 Co-Sponsors.

House Co-sponsors: This bill has 14 Co-Sponsors.

Previously introduced in the 110th Congress. After the bill was approved by the House as an amendment to H.R. 1, the economic stimulus package, but omitted from the final legislation, Sen. Daniel Akaka (D-HI) reintroduced the Whistleblower Protection Enhancement Act in the Senate on February 3, 2009. Rep. Chris Van Hollen (D-MD) reintroduced the bill in the House on March 12, 2009.

The bill's purpose is to amend title 5, United States Code, clarifying which disclosures of information are protected from prohibited personnel practices and requiring a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections. It would have had the effect of reversing several court decisions that have limited whistleblowers' rights and protections.