The Judiciary Committee passed a variety of legislation within its jurisdiction during the 110th Congress. Some of the committee’s most notable accomplishments include:

Court Security Improvement Act of 2007 – improves the security of federal judges, other federal court officers and their families by:  (1) allowing judges to redact personal family information from public disclosure forms; (2) increasing funding for protection services by U.S. marshals and federal witness protection programs; (3) prohibiting publishing personal information about a judge, law enforcement officer or witness to cause harassment, intimidation or violence and other acts of intimidation; and (4) enhancing prison terms for assaults on judges and other federal officers in performance of their official duties.  Became Public Law 110-177 on January 7, 2008.

Second Chance Act of 2007 – federal legislation designed to improve outcomes for people returning to the community from prisons and jails.  This first-of-its-kind legislation amends the "Omnibus Crime Control and Safe Streets Act of 1968" to authorize federal grants to government agencies and community and faith-based organizations to provide employment assistance, substance abuse treatment, housing, family programming, mentoring, victims support, and other services that can help reduce re-offending and violations of probation and parole.  Became Public Law 110-199 on April 9, 2008.

Internet Tax Freedom Act Amendments Act of 2007 – amends the Internet Tax Freedom Act to: (1) extend until 1 November 2011, the moratorium on state and local taxation of Internet access and electronic commerce and the exemption from such moratorium for states with previously enacted Internet tax laws (grandfather provisions); (2) restrict the authority of certain states claiming an exemption from the moratorium under the Internet Tax Nondiscrimination Act of 2004 to impose Internet access taxes after 1 November 2007; (3) expand the definition of "Internet access" to include related communication services (e.g., e-mails and instant messaging) and redefine "telecommunications" to include unregulated non-utility telecommunications (e.g., cable service); and (4) allow a specific exception to the moratorium for certain state business taxes enacted between 20 June 2005, and 1 November 2007, that do not tax Internet access.  Became Public Law 110-108 on October 31, 2007.

Contempt Resolutions Against Harriet Miers and Josh Bolten – The committee found former White House Counsel Harriet Miers and then White House Chief of Staff Joshua Bolten in contempt of Congress for refusal to comply with committee subpoenas in connection with the investigation of politicization at the Department of Justice.  The House accordingly adopted H.Res. 979 finding Miers and Bolten in contempt as well as H.Res. 980 authorizing the Judiciary Committee to initiate or intervene in judicial proceedings to enforce the subpoenas.  The committee accordingly filed federal litigation, which has resulted in a landmark court decision rejecting claims of absolute immunity from subpoena by the former Bush administration. House Judiciary Comm. v. Miers, Civ. Action No. 08-0409 (D.D.C. July 31, 2008), app. pending.

Effective Child Pornography Prosecution Act of 2007 – Title I: Effective Child Pornography Prosecution Act of 2007 amended the federal criminal code to expand the jurisdictional basis for prosecutions of sexual exploitation of children, selling or buying of children, or child pornography crimes to include activities that use any means or facility of interstate or foreign commerce to complete such crimes.  This bill passed the House on November 14, 2007, by a vote of 414-0.  With some technical amendments, it passed the Senate by unanimous consent as Title I of the Senate version of H.R. 4120 on September 23, 2008.  The Senate version of HR 4120 was then passed by the House on September 26, 2008 by a vote of 414-0.  Became Public Law 110-358 on October 8, 2008.

Enhancing the Effective Prosecution of Child Pornography Act of 2007 – amended the federal criminal code to:  (1) include child pornography that contains a visual depiction of an actual minor engaging in sexually explicit conduct and the production of such pornography for importation into the United States as predicate crimes for money laundering prosecutions; and (2) define "possess" with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view.  This bill passed the House by a vote of 416-0 on November 15, 2007.  It was included as Title II of the Senate version of H.R. 4120.  The Senate version was then passed by the House on September 26, 2008 by a vote of 414-0.  Became Public Law 110-358 on October 8, 2008.

Keeping the Internet Devoid of Sexual Predators Act of 2007 – or the KIDS Act of 2007 – authorized additional appropriations for FY2008-FY2013 to:  (1) evaluate and purchase Internet filtering and monitoring programs and devices; (2) train probation officers in the use of such programs and devices and in the supervision of sex offenders; and (3) hire probation officers and other personnel as required to supervise convicted sex offenders effectively, and amended criminal code related to certain aspects of probation for sex offenders.  This bill was amended in the Senate in S. 431 by a new approach that would provide for a system whereby social networking sites could have access to information compiled in the Department of Justice’s sex offender registries.   The House passed the Senate version with amendments by unanimous consent on September 27, 2008; the Senate passed the House version on September 30, 2008. Became Public Law 110-400 on October 13, 2008.

The PROTECT our Children Act of 2007 – established a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy attorney general, to improve the Internet Crimes Against Children Task Force, to increase resources for regional computer forensic labs, and to make other improvements to increase the ability law enforcement agencies to investigate and prosecute predators.  This bill was passed in the House by a vote of 415-2 on November 14, 2007.  The provisions of this bill were included as Title I of S. 1738, which passed the Senate on September 25, 2008, and passed the House on September 27, 2008.  Became Public law 110-401 on October 13, 2008.

The Securing Adolescents from Exploitation-Online Act of 2007 (SAFE Act of 2007) – amends and clarifies the reporting requirements of electronic communication service providers and remote computing service providers of apparent child pornography to the National Center for Missing and Exploited Children.  It also limited the liability for those entities in handling images of suspected child pornography and made related technical improvements to the reporting requirements.  It was passed by the House by a vote of 409-2 on December 5, 2007.  The provisions of this bill, with some amendments, were included as Title II of S. 1738, which passed the Senate on September 25, 2008, and passed the House on September 27, 2008.  Became Public law 110-401 on October 13, 2008.

The Child Soldier Prevention Act of 2007 – prohibits the recruitment or use of child soldiers, it designate persons who recruit or use child soldiers as inadmissible aliens, and allows the deportation of persons who recruit or use child soldiers.  Became Public Law 110-340 on October 3, 2008.

Debbie Smith Reauthorization Act of 2008 – Debbie Smith Reauthorization Act of 2008 - Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize appropriations for DNA analysis grant programs under such Act through FY2014.  Amends the DNA Sexual Assault Justice Act of 2004 to reauthorize through FY2014 grant programs for: (1) DNA training and education for law enforcement and corrections personnel and court officers; and (2) the sexual assault forensic exam program.  Became Public Law 110-360 on October 8, 2008.

FISA Amendments Act of 2008 – Section 711 allows the Secretary of Homeland Security, in consultation with the secretary of state, the discretion to allow countries to join the Visa Waiver Program (VWP) even if they do not meet the existing three percent visa refusal rate in the Immigration and Nationality Act (INA).  Sec. 711 allows the secretary to waive the three percent requirement if the country can meet all of the following requirements:  The secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States;

1. there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals of  the country and conditions exist to continue such reduction;
2. the country cooperated with the government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the secretary of Homeland Security and the secretary of state determine that such cooperation will continue through agreements with the country; and
3. the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent or the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established as required by this act.

Prior to adding new countries to the VWP, Section 711 requires that the Department of Homeland Security can verify that an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States.  In addition, Section 711 requires that an electronic travel authorization system is implemented, under which a traveler in the VWP electronically provides information ahead of travel and receives permission to travel to the U.S. under the VWP.  Became Public Law 110-261 on July 10, 2008.

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 – amends the Controlled Substances Act to address buyers of prescription drugs over the Internet to provide proof of an in-person medical evaluation and a valid prescription.  Became Public Law 110-425 on October 15, 2008.

National Guard and Reservists Debt Relief Act of 2008 – amends the Bankruptcy Abuse Prevention and Consumer Protection Act to exempt for a limited period, from the application of the means-test presumption of abuse under Chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days.  Became Public Law 110-438 on October 20, 2008.

Prioritizing Resources and Organization for Intellectual Property (PRO IP) Act of 2008 – The main purpose of the bill is to strengthen criminal and civil laws that pertain to copyright and trademark infringement, allocate key personnel and resources to monitor and enforce IP infringement, and enhance strategic federal initiatives against counterfeiting and piracy.  Became Public Law 110-403 on October 13, 2008.

ADA Amendments Act of 2008 – provides broad nondiscrimination protection in employment, public services, public accommodations, services operated by public entities, transportation, and telecommunications for individuals with disabilities.  Became Public Law 110-325 on September 25, 2008.

The NICS Improvement Amendments Act of 2007 – would require federal agencies to provide relevant records for use in NICS. It would also provide financial incentives to states to do the same, by rewarding states that provide records to NICS and penalizing those that refuse to do so over an extended period of time.  Became Public Law 110-180 on January 8, 2008.

Trafficking Victims Protection Reauthorization Act of 2007 – authorizes the administrator of the U.S. Agency for International Development to makes juvenile victims of trafficking in persons eligible for interim assistance.  Directs the attorney general to prepare model legislation for state use to define and prohibit all acts relating to prostitution of children and trafficking in children for the purpose of labor or sexual exploitation.  Became Public Law 110-457 on December 23, 2008

African-American Farmers Benefits Relief Act of 2007 – provides de novo review for qualifying claims filed under the consolidated class action lawsuits of Pigford v. Veneman and Brewington v. Veneman.  Provisions of H.R.558 were included in the 2007 Farm Bill, which became the 2008 Farm Bill and became Public Law 110-246 on June 18, 2008.

Implementing Recommendations of the 9/11 Commission Act of 2007 – to provide for the implementation of the recommendations of the National Commission on Terrorist Attacks upon the United States (9/11 Commission).  Became Public Law 110-53 on August 3, 2007.

Animal Fighting Prohibition Enforcement Act of 2007 – amends the federal criminal code to impose a fine and/or prison term of up to three years for violations of the Animal Welfare Act relating to:  (1) sponsoring or exhibiting an animal in an animal fighting venture; (2) buying, selling, transporting, delivering, or receiving for purposes of transportation, in interstate or foreign commerce, any dog or other animal for participation in an animal fighting venture; and (3) using the mails or other instrumentality of interstate commerce to promote or further an animal fighting venture.

Amends the Animal Welfare Act to prohibit knowingly selling, buying, transporting, or delivering, in interstate or foreign commerce, a knife, a gaffe or any other sharp instrument for attachment to the leg of a bird for use in an animal fighting venture.  Became Public Law 110-22 on May 3, 2007.

Emmet Till Unsolved Civil Rights Crime Act of 2007 – directs the attorney general to designate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice (DOJ).  Makes the deputy chief responsible for investigating and prosecuting violations of criminal civil rights statutes in which the alleged violation occurred before January 1, 1970 and resulted in death.  Became Public Law 110-344 on October 7, 2008.

Regulatory Improvement Act of 2007 – would authorize the appropriation of $11 million over fiscal years 2008 through 2011 for the Administrative Conference of the United States, an independent advisory agency that would assist the federal government in developing and implementing regulations.  Became Public Law 110-290 on July 30, 2008.

Honest Leadership and Open Government Act of 2007 – amended parts of the Lobbying Disclosure Act of 1995.  It strengthens public disclosure requirements concerning lobbying activity and funding, places more restrictions on gifts for members of Congress and their staff, and provides for mandatory disclosure of earmarks in expenditure bills.  Became Public Law 110-81 on September 14, 2007.

Methamphetamine Production Prevention Act of 2008 – amends the Controlled Substances Act to expand written and electronic logbook requirements applicable to sellers and purchasers of listed chemicals (e.g., legal substances used in the production of methamphetamine). Requires retail sellers of listed chemicals to use an electronic logbook or a bound paper book to obtain required information (i.e., name and address of purchaser, date and time of sale, and quantity sold) for sales of listed chemicals.  Requires an electronic logbook to capture signatures in an electronic format.  Requires a bound paper book to include: (1) a clear line for the purchaser's signature; and (2) a sticker affixed to the book at the time of sale which displays the name of each product sold, the quantity sold, the name and address of the purchaser, and the date and time of the sale or a unique identifier that can be linked to electronic or written information.  Requires sellers and purchasers of listed chemicals to verify the accuracy of information entered into an electronic logbook or bound paper book.  Requires sellers of listed chemicals to maintain entries in written logbooks or electronic formats for not fewer than two years.  Became Public Law 110-415 on October 14, 2008.

Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 – amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the authorization of appropriations for the grant program for adult and juvenile collaboration for access to adequate mental health treatment and to extend such funding through FY2014.  Directs the attorney general to give priority to grant applications that promote effective strategies to identify and treat mentally-ill offenders and meet other criteria.  Became Public Law 110-416 on October 14, 2008.

A bill to amend the Federal Rules of Evidence to Address the Waiver of the Attorney-Client Privilege and the Work Product Doctrine – amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection. It provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if:  (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together.
   It states that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if:  (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
   It declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not waived under law of the state where the disclosure occurred.  Became Public Law 110-322 on September 19, 2008.

Drug Trafficking Vessel Interdiction Act of 2008 – amends titles 46 and 18, United States Code, with respect to the operation of submersible vessels and semi-submersible vessels without nationality. It is divided into two titles:  (1) Title I, "Criminal Prohibition," amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. It grants extraterritorial federal jurisdiction over an offense under this Act.
It specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in the 1958 Convention on the High Seas; (2) flying its nation's ensign or flag; or (3) a verbal claim of nationality or registry by the person in charge of the vessel.

A bill to amend the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 – Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to prohibit the bankruptcy court from dismissing or converting a case based on means testing while the debtor: (1) is either on active duty or performing a homeland defense activity for at least 60 days; or (2) was either called to active duty or performed homeland defense activity as a member of a reserve component of the Armed Forces or a member of the National Guard after September 11, 2001.  Became Public Law 110-438 on October 20, 2008.

Restoring Checks and Balances in the Confirmation Process of U.S. Attorneys – H.R. 580, as amended by the committee, is intended to clarify that section 546 of title 28 of the United States Code is the exclusive means for appointing an individual to temporarily perform the functions of a United States attorney for a district in which the office of United States attorney is vacant.  It specifies that such individual may serve until the earlier of either:  (1) the qualification of a United States attorney appointed by the president pursuant to section 541 of title 28 of the United States Code; or (2) the expiration of 120 days after appointment by the attorney general of the individual as interim United States attorney.  Upon the expiration of 120 days, and if no permanent United States attorney has been appointed with Senate confirmation, the district court for such district may appoint a United States attorney to serve until the vacancy is filled.  On March 26, 2007, H.R. 580 as amended passed in the House on the suspension calendar by a recorded vote of 329 – 78.  On May 22, 2007, the House passed companion legislation (S. 214 as amended) on the suspension calendar by a recorded vote of 306 – 114.  S. 214 as amended became Public Law No. 110-34.

A bill to amend the National Defense Authorization Act for Fiscal Year 2006 to expand the provision of special immigrant status for certain aliens, including translators or interpreters, serving with federal agencies in Iraq and Afghanistan – amends the National Defense Authorization Act for Fiscal Year 2006 to authorize special immigrant status for certain Afghan or Iraqi translators or interpreters working with the U.S. Armed Forces or federal agencies under the Chief of Mission in Afghanistan and Iraq.  It authorizes: (1) additional fiscal year 2007 and 2008 entrants (up to 500 annually); and (2) adjustment to permanent resident status.  Became Public 110-36 on June 15, 2007.

Criminal History Background Checks Pilot Extension Act of 2008 – amends the PROTECT Act to extend by six months the Child Safety Pilot Program (allowing certain volunteer organizations to obtain national and state criminal history background checks on their volunteers).  Became Public Law 110-296 on July 30, 2008.

Bulletproof Vest Partnership Grant Act of 2008 – amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through Fiscal Year 2012 the grant program for armor vests for law enforcement officers.  Became Public Law 110-421 on October 15, 2008.