Subcommittee on Commercial and Administrative Law

Issues: Judiciary

In only my second term, I was elected to serve as Chairman of the Subcommittee on Courts, Commercial and Administrative Law, which handles bankruptcy, the administrative process, commercial law, state taxation affecting interstate commerce, interstate compacts, the federal judiciary, and other issues.

When I was Chairman, I held a series of hearings examining the foreclosure crisis and ways to make the bankruptcy code fairer to consumers.  Now, as Ranking Democrat, I fight to ensure that these issues are properly addressed by the Subcommittee.  Below are the some of the bills I have introduced that fall under the jurisdiction of the Subcommittee on Courts, Commercial and Administrative Law.

  • H.R. 2028, the Private Student Loan Bankruptcy Fairness Act of 2011, would treat privately issued student loans equally with other types of private debt.  This would allow them to be discharged in bankruptcy.  There is no reason that private student loan lenders should receive special protection under the bankruptcy system.  The bankruptcy system should act as a safety net that allows people to pursue an education with the assurance that, should their finances come under strain by layoffs, accidents, or other unforeseen life events, they will be protected.
  • H.R. 2192, the National Guard and Reservist Debt Relief Extension Act of 2011, would permanently extend a provision creating an exception to the means test under the bankruptcy code for members of the National Guard and Reserve who served on active duty after September 11, 2001.
  • H.R. 2469 , the End Discriminatory State Taxes for Automobile Renters Act of 2011, would prohibit states and localities from imposing new taxes targeted exclusively at rental cars.
  • H.R. 2713 , the Limiting Investor and Homeowner Loss in Foreclosure Act of 2011, would clarify the authority of bankruptcy courts to operate mortgage modification programs.

Listed below is some of the legislation that I have supported in the 112th Congress:
 

  • H.R. 1587, the Home Foreclosure Reduction Act of 2011, would, among other things, allow bankruptcy judges to adjust the amount of principal on certain qualifying mortgages.
  • H.R. 1860, the Digital Goods and Services Tax Fairness Act of 2011, would prohibit a state or local jurisdiction from imposing discriminatory taxes on the sale or use of digital goods or services, like those purchased over the Internet or on a smartphone.  The bill makes sure that consumers do not suffer tax discrimination because they choose to purchase a good in digital rather than tangible form.
  • H.R. 1002, the Wireless Tax Fairness Act of 2011, would prohibit states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property (i.e., cell phones) for five years after the enactment of this Act.  The Act 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, or that is generally imposed at a lower rate, unless such tax was imposed and actually enforced prior to the date of its enactment.
  • H.R. 862, the Supreme Court Transparency and Disclosure Act of 2011, would apply to the Supreme Court justices the same code of conduct that applies to U.S. circuit and district judges. The Act would require a justice to publicly disclose the reasons for disqualifying himself or herself, under specified provisions of the federal judicial code, from any case in which his or her impartiality might reasonably be questioned or denying a party's motion for such disqualification.
  • H.R. 1059 would protect the safety of judges by extending the authority of the Judicial Conference to redact sensitive information contained in their financial disclosure reports.  The Act would provide this safety by revising the Ethics in Government Act of 1978 to make permanent the Judicial Conference's authority to redact financial disclosure reports filed by a judicial officer or employee if it finds that revealing personal and sensitive information could endanger that individual or a family member of that individual.

In the 111th Congress I introduced several pieces of legislation, including the SPEECH Act, which was signed into law by President Obama on August 10, 2010.

  • The Securing the Protection of Our Enduring and Established Constitutional Heritage (SPEECH) Act stops the phenomenon of "libel tourism" by which plaintiffs seek judgments from foreign courts against American authors and publishers for making allegedly defamatory statements.  This phenomenon threatens to undermine our nation's core free speech principles, as embodied in the First Amendment.  The law prohibits U.S. courts from recognizing or enforcing foreign defamation judgments that do not comport with the First Amendment.
  • The "Private Student Loan Bankruptcy Fairness Act of 2010" (H.R. 5043 ) would amend the federal bankruptcy code to treat privately issued student loans equally with other types of private debt.  This would allow them to be discharged in bankruptcy.  There is no reason that private student loan lenders should receive special protection under the bankruptcy system.  The bankruptcy system should act as a safety net that allows people to pursue an education with the assurance that, should their finances come under strain by layoffs, accidents, or other unforeseen life events, they will be protected.
  • The Transparency and Integrity in Corporate Monitoring Act (H.R. 4283 ) would prohibit United States attorneys or assistant United States attorneys who participate in the investigation or prosecution of an organization for a criminal offense for which a deferred prosecution or non-prosecution agreement is made from acting as or working for corporate monitors selected to oversee the implementation of such agreements.  The need for this bill arose out of hearings held in my subcommittee on the abuse of deferred and non-prosecution agreements.
  • The Bankruptcy Judgeship Act of 2010 (H.R. 4506 ) would add new bankruptcy judges throughout the country to address the rapid rise of bankruptcies we are currently facing.  This bill passed the House of Representatives on March 12, 2010 but the Senate did not act.
  • The Congressional Review Improvement Act (H.R. 2247 ) would streamline the process for Executive Branch reporting of Rules to Congress.  This bill passed the House of Representatives on June 16, 2009 but the Senate did not act.
  • The Chapter 7 Bankruptcy Administration Improvement Act of 2010 (H.R. 4950 ) would provide a much needed raise to the bankruptcy trustees who assist individuals and businesses in getting a fresh start under the bankruptcy code.