AIHouse Judiciary marks up six bills on overcriminalization and reproductive/gender-care law

House Judiciary Bill MarkupsHouse Judiciary · 2025-06-10 · 119th Congress
The House Judiciary Committee met to mark up six bills: HR59 (Mens Rea Reform Act), HR98 (End Endless Criminal Statutes Act), HR2159 (Count the Crimes to Cut Act), HR421 (Small Business Regulatory Flexibility Improvements Act), HR589 (FACE Act Repeal Act), and HR3492 (Protect Children's Innocence Act). Begins at 0:20:04
Transcript
Highlights

Title

House Judiciary marks up six bills on overcriminalization and reproductive/gender-care law

Purpose

The House Judiciary Committee met to mark up six bills: HR59 (Mens Rea Reform Act), HR98 (End Endless Criminal Statutes Act), HR2159 (Count the Crimes to Cut Act), HR421 (Small Business Regulatory Flexibility Improvements Act), HR589 (FACE Act Repeal Act), and HR3492 (Protect Children's Innocence Act). Debate centered on overcriminalization and default criminal-intent standards, regulatory burden on small business, repeal of federal protections for abortion clinics, and a proposed federal ban on gender-affirming care for minors, with sharp partisan disagreement on nearly every bill and several recorded votes. Begins at0:20:04

Who spoke

Chairman Jim Jordan (R-OH)0:20:04: Gaveled in the markup, called up each bill in turn, and presided over debate and roll-call votes throughout the session.

Rep. Andy Biggs (R-AZ)0:20:56: Sponsor of HR59, argued there are over 300,000 regulatory crimes lacking mens rea requirements0:21:38, citing the Gibson Guitar case0:23:19 and trail runner Michelino Sunseri0:24:21; also sponsored HR98 to repeal obscure crimes like writing checks under a dollar and capitol sledding1:16:30.

Ranking Member Jamie Raskin (D-MD)0:25:34: Argued the Count the Crimes Act should precede mens rea reform0:26:44, citing Skilling, McDonnell, and Snyder Supreme Court reversals as reasons weakening mens rea would aid white-collar crime0:28:37; later opposed HR589 repeal, citing the Palm Springs IVF clinic bombing2:50:35, and opposed HR3492 as scapegoating transgender Americans5:26:00.

Rep. Lucy McBath (D-GA)0:31:07: Co-sponsor of the Count the Crimes Act, argued HR59 could shield conspirators like the Peanut Corporation of America CEO convicted after a salmonella outbreak that killed nine0:33:32.

Rep. Chip Roy (R-TX)0:45:58: Sponsor of HR2159 (Count the Crimes Act) and HR589 (FACE Act repeal), argued 300,000+ regulatory crimes exist uncounted1:54:27 and that the FACE Act was selectively enforced against pro-life defendants, citing Mark Hoyle and Paul Vaughn2:41:152:47:19.

Rep. Jerrold Nadler (D-NY)3:08:12: Original 1994 FACE Act co-author, said the law only restricts physical obstruction, not speech or prayer, and that murders at clinics justified its passage3:08:26; later opposed HR3492, calling it a ban on life-saving gender-affirming care5:34:39.

Rep. Tom McClintock (R-CA)3:14:14: Said he'd support tightening rather than repealing the FACE Act and voiced concern about selective enforcement3:14:38; later argued at 18 individuals gain autonomy over medical decisions but minors should not undergo irreversible procedures6:37:50.

Rep. Hank Johnson (D-GA)1:04:00: Opposed HR98 and HR589, accused the administration of pardoning white-collar and Jan. 6 defendants while gutting DOJ anti-corruption units1:59:07; later opposed HR3492 on similar grounds4:56:05.

Rep. Deborah Ross (D-NC)1:20:563:27:03: Defended the Capitol sledding statute's origin in the 1876 Turf Protection Act1:31:03; on HR589, said harassment and intimidation of patients decreased after the FACE Act's passage3:28:12.

Rep. Glenn Ivey (D-MD)1:51:22: Pressed Biggs on whether "counting the crimes" is feasible within a year and questioned mens rea exemptions for negligence-based statutes1:52:14.

Chip Roy amendment colloquy — Rep. Steve Cohen (D-TN)2:29:045:53:56: Praised Planned Parenthood advocates present in the room and voiced brief support for reproductive rights.

Rep. Sydney Kamlager-Dove (D-CA)2:30:486:07:44: Argued HR421 was really a "big business regulatory relief act" opening the door to corporate manipulation2:33:14; on HR3492, questioned the "biological sex" definition's silence on intersex individuals6:00:11.

Rep. Robert Garcia (D-CA)2:40:52: Opposed HR589, called it an invitation to violence against providers post-Dobbs5:04:23; also spoke on HR3492 opposing criminalization of gender-affirming care5:52:20.

Rep. Becca Balint (D-VT)3:39:25: Read a National Abortion Federation statistic that obstruction incidents rose over 500% in states protecting abortion rights3:06:07; offered an HR3492 amendment to preserve gender-affirming care as best practice6:48:09.

Rep. Eric Swalwell (D-CA)3:41:19: Argued repealing FACE Act protections while pardoning January 6 rioters convicted of assaulting officers was inconsistent3:31:27.

Rep. Madeleine Dean (D-PA)3:22:35: Noted that some pregnancy-center vandalism defendants received only 30-day sentences compared to longer terms for pro-life protesters2:47:59.

Rep. Kelly Armstrong / Bill Huizenga (referenced as Mr. Hunt/Mr. Fry votes) — not directly quoted with substantive remarks.

Rep. Harriet Hageman (R-WY)5:22:20: Sponsor of HR3492, said "gender-affirming care" is "genital mutilation and chemical castration" of children5:23:17, offered amendments defining "biological sex," "male," and "female"5:54:29.

Rep. Pramila Jayapal (D-WA)4:45:276:10:07: Cited testimony from a constituent whose transgender child considered leaving the country [4:45:00-ish reference]; offered an amendment to allow continued gender-affirming care as best practice6:09:57.

Rep. Becca Balint / Rep. Sarah McBride references — see Balint above.

Rep. Thomas Massie (R-KY)7:07:53: Offered an amendment narrowing HR3492's federal jurisdiction (interstate nexus) to territories, federal employees, federally funded facilities, and interstate transport of minors, saying the bill's original nexus was unconstitutionally broad7:08:23.

Rep. Andy Ogles (R-TN)5:46:49: Supported defunding "sex-trait altering treatments" in Medicaid, cited billing fraud concerns5:46:49.

Rep. Deborah Ross / Rep. Ted Lieu (referenced roll call only).

Rep. Becca Balint, Rep. Jayapal, and Rep. Val Hoyle (D-OR) opposition remarks on HR3492 — Hoyle-style remarks folded into Washington delegate Jayapal above (transcript labels her "gentle lady from Washington").

Key moments

Biggs said HR59 would set a default "knowingly" mens rea standard for federal crimes lacking one, citing the Heritage Foundation/NACDL finding that 50% of analyzed offenses lack adequate mens rea provisions0:21:17.

McBath cited the Peanut Corporation of America CEO's 28-year sentence for a salmonella outbreak that killed nine, warning HR59 could undermine future conspiracy convictions in similar cases0:33:32.

On HR59's final vote, the amendment in the nature of a substitute passed 15–13 along party lines1:15:30.

On HR589 (FACE Act repeal), Raskin fact-checked Roy's cited case of an elderly woman "praying" outside a clinic, noting she was actually convicted of blockading a clinic entrance2:49:37.

Roy cited then-AG Merrick Garland's March 2023 Senate testimony that pro-life protesters are "easier to catch" because they demonstrate in daylight, arguing this explains prosecution disparities rather than bias3:33:35.

HR589 passed the committee 13–107:13:14.

On HR3492, Hageman's amendment defining "male" and "female" prompted a lengthy colloquy where Raskin repeatedly asked its scientific source; Hageman said it was "provided" for the bill without citing an origin5:58:11.

Jayapal's amendment to preserve gender-affirming care as best medical practice failed 8–126:47:41.

Massie offered an amendment narrowing HR3492's federal jurisdiction to a defined interstate/federal nexus, saying the bill as written swept too broadly under the Commerce Clause; it failed 13–157:21:30.

HR3492 was ultimately ordered reported favorably 17–107:24:38.

Multiple members entered dueling unanimous-consent exhibits on FACE Act enforcement statistics — Biggs citing DOJ prosecuted only 57 people for reproductive-facility crimes over four years3:35:00 versus Democrats' citations of NAF data showing 621 trespassing incidents and 296 death threats in 2023–244:49:02.

Metadata

Official titleH.R. 589, the FACE Act Repeal Act of 2025; H.R. 3492, the Protect Children’s Innocence Act of 2025; H.R. 59, the Mens Rea Reform Act of 2025; H.R. 98, the End Endless Criminal Statutes Act; H.R. 2159, the Count the Crimes to Cut Act of 2025; and H.R. 421, the Small Business Regulatory Flexibility Improvements Act
CommitteeHouse Judiciary
Chamber / CongressHouse · 119th Congress
Date2025-06-10
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript810 caption blocks · 53,529 words · 7:25:32 runtime
EventCongress.gov 118390