The House will vote around midday on a bill (HR 6429) from Judiciary Chairman Lamar Smith, R-Texas, that would end the visa lottery program and divert those 55,000 green cards annually to immigrants that earn graduate degrees in STEM fields from American universities. The legislation is expected to pass, but White House opposition has likely dimmed any prospects it had of reaching the Senate floor. The Obama administration maintains that any expansion of skilled immigration should take place only against a backdrop of comprehensive immigration reform. House Speaker John Boehner has showed some signs of softening on that issue since the election, but there's no telling what impact an impasse on skilled worker visas might have.
Senate Panel Passes Email Privacy Measure: The Senate Judiciary Committee advanced legislation by voice vote on Thursday that would require a warrant before law enforcement could access consumers' emails or remotely stored data. The bill (HR 2471) from Chairman Patrick Leahy, D-Vt., has won over privacy advocates and tech companies but has critics among law enforcement, who argue it could impede criminal investigations. The Committee also adopted a manager's amendment that specifies the bill's requirement does not apply to existing federal surveillance laws, and would give government officials more time to comply with notification requirements. Ranking Republican Chuck Grassley of Iowa supported the bill's passage out of committee, but outlined a host of concerns he thought might impede investigations, particularly in cases of child abduction or violent crimes against women. The legislation may garner enough bipartisan support to overcome a filibuster in the Senate, but is unlikely to be taken up by the House. Online Sales Tax Supporters Make Holiday Push: Supporters of Internet sales tax legislation are making a final push coinciding with the holiday shopping season, in hopes Congress will pass legislation before the end of the year. Brick-and-mortar retailers argue online companies such as Amazon and Overstock.com enjoy an unfair advantage by not having to charge sales tax on online purchases; state government can only collect taxes from retailers with a physical presence within their borders. Bipartisan legislation (S 1832) that would require retailers to apply "use taxes" on purchases by out-of-state consumers is currently awaiting a markup in the Senate Finance Committee; a companion bill (HR 3179) is also stalled in the House. Online tax legislation could be enacted as part of a deal on the fiscal cliff or other issues; it may also remain unaddressed well into next year. Location Privacy Bill Markup Next Week: The Senate Judiciary Committee has scheduled a markup for Dec. 6 on the location privacy legislation (S 1223) offered by Sens. Al Franken, D-Minn.; Richard Blumenthal, D-Conn.; and others. There has been little movement on the legislation, which was introduced last summer and would require a warrant before law enforcement officials could access a consumer's location data on their wireless device. There is also a strong likelihood that the markup will be delayed a week to give panel members more time to review the issue, which is standard procedure for Judiciary. Thune Seeks Spectrum Amendment to Defense Bill: Sen. John Thune managed to add some tech flavor to yesterday's marathon debate over the defense authorization bill (S 3254) currently pending in the Senate. Thune offered an amendment that would direct federal users to prepare to auction the 1755-1780 MHz band of spectrum along with the 2155-2180 band that has already been designated for auction. Thune notes the 1755-1780 band has been identified by industry as particularly well-suited for reallocation and use by commercial wireless companies. Thune's amendment did not receive a vote. ICYMI: GAO Report on Identity Theft (PDF) The Economist Tech Quarterly is on newsstands this week. Here's some highlights: Apple, Google, Facebook, and Amazon are warring in a fashion that would make George R. Martin proud. But that doesn't mean antitrust action is warranted against these tech giants. Plus, 3D printers could mean big problems for traditional manufacturers.Morning Take · CQ Roll Call Executive Briefing