[House Report 112-119]
[From the U.S. Government Publishing Office]


                         Union Calendar No. 69

112th Congress, 1st Session - - - - - - - - - - - - House Report 112-119

               FIRST SEMIANNUAL REPORT ON THE ACTIVITIES 

                                 OF THE 

                       COMMITTEE ON THE JUDICIARY 

                                 OF THE 

                        HOUSE OF REPRESENTATIVES 

                               DURING THE 

                      ONE HUNDRED TWELFTH CONGRESS 

                              PURSUANT TO 

                Clause 1(d) Rule XI of the Rules of the 
                        House of Representatives




 June 24, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed 
                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                                Committee on the Judiciary,
                                     Washington, DC, June 24, 2011.
Hon. Karen Haas,
Clerk, House of Representatives,
Washington, DC.
    Dear Ms. Haas: Pursuant to clause 1(d) of rule XI of the 
Rules of the House of Representatives, I am transmitting the 
report on the activities of the Committee on the Judiciary of 
the U.S. House of Representatives. This report covered the time 
period of January 2, 2011 to June 1, 2011 of the 112th Congress 
and was adopted by a voice vote at the Committee meeting on 
June 23, 2011.
            Sincerely,
                                             Lamar Smith, Chairman.
                       COMMITTEE ON THE JUDICIARY

                    LAMAR SMITH, Texas, Chairman\1\
F. JAMES SENSENBRENNER, Jr.,         JOHN CONYERS, Jr., Michigan\2\
    Wisconsin                        HOWARD L. BERMAN, California
HOWARD COBLE, North Carolina         JERROLD NADLER, New York
ELTON GALLEGLY, California           ROBERT C. ``BOBBY'' SCOTT, 
BOB GOODLATTE, Virginia                  Virginia
DANIEL E. LUNGREN, California        MELVIN L. WATT, North Carolina
STEVE CHABOT, Ohio                   ZOE LOFGREN, California
DARRELL E. ISSA, California          SHEILA JACKSON LEE, Texas
MIKE PENCE, Indiana                  MAXINE WATERS, California
J. RANDY FORBES, Virginia            STEVE COHEN, Tennessee
STEVE KING, Iowa                     HENRY C. ``HANK'' JOHNSON, Jr., 
TRENT FRANKS, Arizona                    Georgia
LOUIE GOHMERT, Texas                 PEDRO R. PIERLUISI, Puerto Rico
JIM JORDAN, Ohio                     MIKE QUIGLEY, Illinois
TED POE, Texas                       JUDY CHU, California
JASON CHAFFETZ, Utah                 TED DEUTCH, Florida
TIM GRIFFIN, Arkansas                LINDA T. SANCHEZ, California
THOMAS MARINO, Pennsylvania          Vacancy\4\
TREY GOWDY, South Carolina
DENNIS ROSS, Florida
SANDY ADAMS, Florida
BEN QUAYLE, Arizona
Vacancy\3\

----------
\1\Lamar Smith, Texas, elected to the Committee as Chairman pursuant to 
House Resolution 6, approved by the House January 5, 2011.
\2\John Conyers, Jr., Michigan, elected to the Committee as ranking 
minority Member pursuant to House Resolution 7, approved by the House 
January 5, 2011.
\3\Tom Reed, New York, resigned from the Committee April 5, 2011.
\4\Debbie Wasserman Schultz took a leave of absence from the Committee 
effective May 9, 2011.
Republican Members elected to the Committee pursuant to House 
Resolution 37, approved by the House January 18, 2011.
Democratic Members elected to the Committee pursuant to House 
Resolution 39, approved by the House January 19, 2011.
                                                  Union Calendar No. 69
112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-119

======================================================================



 
   FIRST SEMIANNUAL REPORT ON THE ACTIVITIES OF THE COMMITTEE ON THE 
                               JUDICIARY

                                _______
                                

 June 24, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

            Mr. Smith, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

        Summary of Activities of the Committee on the Judiciary

    The Committee and its subcommittees held a number of 
specific agency oversight hearings and handled numerous 
legislative issues during the initial months of the 112th 
Congress. Below is the Committee's Oversight Plan for the 112th 
Congress. The Committee adopted the plan at its organizational 
meeting on February 2, 2011 by voice vote. Detailed information 
on hearings, legislative issues and actions taken to implement 
the Committee's Oversight Plan, may be found in subsequent 
sections of this report.
    By the end of May, 2011, the Committee and its 
subcommittees have convened a total of 52 hearings. Of these 
hearings, 31 were held pursuant to the provisions of H. Res. 72 
and the Committee's Oversight Plan. Twelve bills have been 
reported by the Judiciary Committee. Of these 12 bills, eight 
have been reported to the House and five have passed the House. 
Two bills have been signed into law. Additionally, the 
Subcommittee on Immigration Policy and Enforcement has reported 
four private bills.

             Jurisdiction of the Committee on the Judiciary

    The jurisdiction of the Committee on the Judiciary is set 
forth in Rule X, clause 1(l) of the Rules of the House of 
Representatives for the 112th Congress:

                   RULE X--ORGANIZATION OF COMMITTEES


             COMMITTEES AND THEIR LEGISLATIVE JURISDICTIONS

    1. There shall be in the House the following standing 
committees, each of which shall have the jurisdiction and 
related functions assigned by this clause and clauses 2, 3, and 
4. All bills, resolutions, and other matters relating to 
subjects within the jurisdiction of the standing committees 
listed in this clause shall be referred to those committees, in 
accordance with clause 2 of rule XII, as follows:
    (l) Committee on the Judiciary.
          (1) The judiciary and judicial proceedings, civil and 
        criminal.
          (2) Administrative practice and procedure.
          (3) Apportionment of Representatives.
          (4) Bankruptcy, mutiny, espionage, and 
        counterfeiting.
          (5) Civil liberties.
          (6) Constitutional amendments.
          (7) Criminal law enforcement.
          (8) Federal courts and judges, and local courts in 
        the Territories and possessions.
          (9) Immigration policy and non-border enforcement.
          (10) Interstate compacts generally.
          (11) Claims against the United States.
          (12) Meetings of Congress; attendance of Members, 
        Delegates, and the Resident Commissioner; and their 
        acceptance of incompatible offices.
          (13) National penitentiaries.
          (14) Patents, the Patent and Trademark Office, 
        copyrights, and trademarks.
          (15) Presidential succession.
          (16) Protection of trade and commerce against 
        unlawful restraints and monopolies.
          (17) Revision and codification of the Statutes of the 
        United States.
          (18) State and territorial boundary lines.
          (19) Subversive activities affecting the internal 
        security of the United States.
                 Tabulation of Legislation and Activity

                              ----------                              


                    LEGISLATION REFERRED TO COMMITTEE

Public Legislation:
    House bills...............................................       322
    House joint resolutions...................................        45
    House concurrent resolutions..............................         8
    House resolutions.........................................        10
                    --------------------------------------------------------------
                    ____________________________________________________

  
                                                                     385
                    --------------------------------------------------------------
                    ____________________________________________________

    Senate bills..............................................         1
    Senate joint resolutions..................................         0
    Senate concurrent resolutions.............................         1
                    --------------------------------------------------------------
                    ____________________________________________________

  
                                                                       2
                    --------------------------------------------------------------
                    ____________________________________________________

    Subtotal..................................................       387
                    ==============================================================
                    ____________________________________________________
Private Legislation:
    House bills (claims)......................................         2
    House bills (copyrights)..................................         0
    House bills (immigration).................................        32
    House resolutions (claims)................................         0
                    --------------------------------------------------------------
                    ____________________________________________________

  
                                                                      34
                    --------------------------------------------------------------
                    ____________________________________________________

    Senate bills (claims).....................................         0
    Senate bills (immigration)................................         0
                    --------------------------------------------------------------
                    ____________________________________________________

  
                                                                       0
                    --------------------------------------------------------------
                    ____________________________________________________

    Subtotal..................................................        34
                    --------------------------------------------------------------
                    ____________________________________________________

        Total.................................................       421
                    ==============================================================
                    ____________________________________________________

             ACTION ON LEGISLATION NOT REFERRED TO COMMITTEE

Held at desk for House action:
    Senate bills..............................................         1
                    --------------------------------------------------------------
                    ____________________________________________________

  
                                                                       1
Conference appointments:
    House bills...............................................         1
    Senate bills..............................................         0
                    --------------------------------------------------------------
                    ____________________________________________________

  
                                                                       1
        Total.................................................         2
                    ==============================================================
                    ____________________________________________________

                              FINAL ACTION

House concurrent resolutions approved (public)................         0
House resolutions approved (public)...........................         0
Public legislation vetoed by the President....................         0
Public Laws...................................................         2
Private Laws..................................................         0
                            Printed Hearings

                          Serial No. and Title

                              ----------                              

    1. Medical Liability Reform--Cutting Costs, Spurring 
Investment, Creating Jobs. Committee on the Judiciary. January 
20, 2011.
    2. ICE Worksite Enforcement--Up to the Job? Subcommittee on 
Immigration Policy and Enforcement. January 20, 2011.
    3. Data Retention as a Tool for Investigating Internet 
Child Pornography and Other Internet Crimes. Subcommittee on 
Crime, Terrorism, and Homeland Security. January 25, 2011.
    4. E-Verify--Preserving Jobs for American Workers. 
Subcommittee on Immigration Policy and Enforcement. February 
10, 2011.
    5. Constitutionality of the Patient Individual Mandate. 
Committee on the Judiciary. February 16, 2011.
    6. How an Improved U.S. Patent and Trademark Office Can 
Create Jobs. Subcommittee on Intellectual Property, 
Competition, and the Internet. January 25, 2011.
    7. REINS Act--Promoting Jobs and Expanding Freedom by 
Reducing Needless Regulations. Subcommittee on Courts, 
Commercial and Administrative Law. January 24, 2011.
    8. Crossing the Finish Line on Patent Reform--What Can and 
Should Be Done. Subcommittee on Courts, Commercial and 
Administrative Law. February 11, 2011.
    9. No Taxpayer Funding for Abortion Act. Subcommittee on 
the Constitution. February 8, 2011. (H.R. 3).
    10. Making Immigration Work for American Minorities. 
Subcommittee on Immigration Policy and Enforcement. March 1, 
2011.
    11. New Jobs in Recession and Recovery: Who Are Getting 
Them and Who Are Not. Subcommittee on Immigration Policy and 
Enforcement. March 10, 2011.
    12. Reauthorization of the Adam Walsh Act. Subcommittee on 
Crime, Terrorism, and Homeland Security. February 15, 2011.
    13. Ensuring Competition on the Internet: Net Neutrality 
and Antitrust. Subcommittee on Intellectual Property, 
Competition, and the Internet. February 15, 2011.
    14. Reauthorization of the PATRIOT Act. Subcommittee on 
Crime, Terrorism, and Homeland Security. March 9, 2011.
    15. Permanent Provisions of the PATRIOT Act. Subcommittee 
on Crime, Terrorism, and Homeland Security. March 30, 2011.
    16. Regulatory Flexibility Improvements Act of 2011--
Unleashing Small Businesses to Create Jobs. Subcommittee on 
Courts, Commercial and Administrative Law. February 10, 2011. 
(H.R. 527).
    17. APA at 65--Is Reform Needed to Create Jobs, Promote 
Economic Growth and Reduce Costs? Subcommittee on Courts, 
Commercial and Administrative Law. February 28, 2011.
    18. Lawsuit Abuse Reduction Act. Subcommittee on the 
Constitution. March 11, 2011. (H.R. 966).
    19. Driving American Innovation: Creating Jobs and Boosting 
Our Economy. Subcommittee on Intellectual Property, 
Competition, and the Internet. March 9, 2011.
    20. Review of Recent Judicial Decisions on Patent Law. 
Subcommittee on Intellectual Property, Competition, and the 
Internet. March 10, 2011.
    21. Private Property Rights Protection Act of 2011. 
Subcommittee on the Constitution. April 12, 2011. (H.R. 1433).
    22. Wireless Tax Fairness Act of 2011. Subcommittee on 
Courts, Commercial and Administrative Law. March 15, 2011. 
(H.R. 1002).
    23. H-1B Visas: Designing a Program to Meet the Needs of 
the U.S. Economy and U.S. Workforce. Subcommittee on 
Immigration Policy and Enforcement. March 31, 2011.
    24. Competition and Consolidation in Financial Markets. 
Subcommittee on Intellectual Property, Competition, and the 
Internet. April 1, 2011.
    25. Role of Public Employee Pensions in Contributing to 
State Insolvency and the Possibility of a State Bankruptcy 
Chapter. Subcommittee on Courts, Commercial and Administrative 
Law. February 14, 2011.
    26. Regulations from the Executive in Need of Scrutiny Act 
of 2011. Subcommittee on Courts, Commercial and Administrative 
Law. March 8, 2011. (H.R. 10).
    27. Security and Fairness Enhancement for America Act of 
2011 or the SAFE for America Act. Subcommittee on Immigration 
Policy and Enforcement. April 5, 2011. (H.R. 704).
    28. H-2A Visa Program: Meeting the Growing Needs of 
American Agriculture? Subcommittee on Immigration Policy and 
Enforcement. April 13, 2011.

                            Committee Prints

                          Serial No. and Title

                              ----------                              


                            House Documents

                         H. Doc. No. and Title

                              ----------                              

                      Legislation Enacted into Law

    A variety of legislation within the Committee's 
jurisdiction was enacted into law during the 112th Congress. 
The public laws are listed below and are more fully detailed in 
the subsequent sections of this report recounting the 
activities of the Committee and its individual subcommittees.

                              Public Laws

    Public Law 112-3. FISA Sunsets Extension Act of 2011 (H.R. 
514). (Approved February 25, 2011.)
    Public Law 112-14. PATRIOT Sunsets Extension Act of 2011 
(S. 990). (Approved May 26, 2011.)

 Activities Conducted Pursuant to House Rule XI, clause 2(n), (o), or 
                                  (p)

    Rule XI, clause 2 charges the Judiciary Committee to ``hold 
at least one hearing during each 120-day period following the 
establishment of the committee on the topic of waste, fraud, 
abuse, or mismanagement in Government programs which that 
committee may authorize.'' The Committee fulfilled its 
responsibilities under Rule XI by conducting the following 
oversight and legislative activities. Each of these activities 
is discussed in more detail in the preceding sections of this 
report:
    1. Hearing on the Constitutionality of the Individual 
Mandate (Serial No. 112-6)
    2. Hearing on the Federal Bureau of Investigation (Serial 
No. 112-  )
    3. Hearing on the United States Department of Justice 
(Serial No. 112-  )
    4. Hearing on Defending Marriage (Serial No. 112-  )
    5. Hearing on Oversight Hearing on the U.S. Department of 
Justice Civil Rights Division (Serial No. 112-  )
    6. Hearing on H.R. 10, the ``Regulations From the Executive 
in Need of Scrutiny Act of 2011'' (Serial No. 112-26)
    7. Hearing on The REINS Act--Promoting Jobs and Expanding 
Freedom by Reducing Needless Regulations (Serial No. 112-7)
    8. Hearing on The APA at 65--Is Reform Needed to Create 
Jobs, Promote Economic Growth and Reduce Costs? (Serial No. 
112-17)
    9. Hearing on the Reauthorization of the PATRIOT Act 
(Serial No. 112-14)
    10. Hearing on the Permanent Provisions of the PATRIOT Act 
(Serial No. 112-15)
    11. Hearing on ``The USA PATRIOT Act: Dispelling the 
Myths'' (Serial No. 112-  )
    12. Hearing on ``Justice for America: Using Military 
Commissions to Try the 9/11 Conspirators'' (Serial No. 112-  )
    13. Hearing on ICE Worksite Enforcement--Up to the Job? 
(Serial No. 112-2)
    14. Hearing on E-Verify--Preserving Jobs for American 
Workers (Serial No. 112-4)
    15. Hearing on How an Improved U.S. Patent and Trademark 
Office Can Create Jobs (Serial No. 112-6)
    16. Hearing on Oversight of the Office of the U.S. 
Intellectual Property Enforcement Coordinator (Serial No. 112-  
)
    17. Hearing on Can We Sue Our Way to Prosperity?: 
Litigation's Effect on America's Global Competitiveness (Serial 
No. 112-  )

              Activities Conducted Pursuant to H. Res. 72

    H. Res. 72 charged the Judiciary Committee, among other 
committees, to ``inventory and review existing, pending, and 
proposed regulations, orders, and other administrative actions 
or procedures by agencies of the Federal Government within such 
committee's jurisdiction,'' to ``conduct such hearings and 
other oversight activities as it deems necessary in support of 
the inventory and review,'' and to identify in the instant 
report ``any oversight or legislative activity conducted in 
support of, or as a result of, such inventory and review.'' The 
inventory and review were required to focus on a number of 
important regulatory issues, such as the impact of regulations 
on jobs and economic growth and the adherence of regulatory 
activity to transparency and cost-benefit requirements and 
statutory authorizations.
    The Committee fulfilled its responsibilities under H. Res. 
72 by conducting the following oversight and legislative 
activities consistent with the resolution. Each of these 
activities is discussed in more detail in the later sections of 
this report:
Subcommittee on Courts, Commercial and Administrative Law
    1. Hearing on The REINS Act--Promoting Jobs and Expanding 
Freedom by Reducing Needless Regulations (Serial No. 112-7)
    2. Hearing on The APA at 65--Is Reform Needed to Create 
Jobs, Promote Economic Growth and Reduce Costs? (Serial No. 
112-17)
    3. Hearing on Raising the Agencies' Grades: Protecting the 
Economy, Assuring Regulatory Quality and Improving Assessments 
of Regulatory Need (Serial No. 112-  )
    4. Hearing on Cost-Justifying Regulations: Protecting Jobs 
and the Economy by Presidential and Judicial Review of Costs 
and Benefits (Serial No. 112-  )
    5. Hearing on Formal Rulemaking and Judicial Review: 
Protecting Jobs and the Economy with Greater Regulatory 
Transparency and Accountability (Serial No. 112-  )

Subcommittee on Immigration Policy and Enforcement

    1. Hearing on E-Verify--Preserving Jobs for American 
Workers (Serial No. 112-4)
    2. Hearing on the H-2A Visa Program: Meeting the Growing 
Needs of American Agriculture? (Serial No. 112-28)

Subcommittee on Intellectual Property, Competition, and the Internet

    1. Hearing on How an Improved U.S. Patent and Trademark 
Office Can Create Jobs (Serial No. 112-6)
    2. Hearing on Crossing the Finish Line on Patent Reform--
What Can and Should be Done (Serial No. 112-8)
    3. Hearing on Oversight of the Office of the U.S. 
Intellectual Property Enforcement Coordinator (Serial No. 112-  
)
                       COMMITTEE ON THE JUDICIARY

                 Oversight Plan for the 112th Congress

                            February 9, 2011

    In accordance with Rule X of the House of Representatives, 
the Committee on the Judiciary is responsible for determining 
whether the laws and programs within its jurisdiction are 
implemented and carried out in accordance with the intent of 
Congress and whether they should be continued, curtailed, or 
eliminated. Accordingly, in the 112th Congress the Committee 
will review all laws and programs within its jurisdiction to 
assess their application, administration, execution, and 
effectiveness. The Committee will also review the organization 
and operation of Federal agencies and entities within its 
jurisdiction for the administration and execution of laws and 
programs within its jurisdiction.
    The Committee will review all agencies and programs within 
its jurisdiction to identify wasteful, inefficient, or 
duplicative programs that should be streamlined or eliminated, 
as well as those that could be enhanced. The Committee will 
also review the mission and operations of all agencies, 
including component organizations, within its jurisdiction. 
Through such oversight, the Committee seeks to determine how 
these agencies and entities can achieve more impactful and 
effective programs with an eye toward improving the efficiency 
and effectiveness of Federal programs and agencies. The 
Committee also seeks to eliminate fraud, abuse, and 
mismanagement. As a result of this oversight, the Committee 
anticipates streamlining and eliminating spending on agencies 
and programs within its jurisdiction, if appropriate.
    This document outlines the current plans of the Committee 
on the Judiciary for oversight activities in the 112th 
Congress. The Committee's oversight and investigation 
activities will be coordinated between the Full Committee and 
the Subcommittees in order to facilitate comprehensive and 
strategic oversight of the programs and agencies within its 
jurisdiction. Oversight activities will include hearings, 
briefings, correspondence, reports, and public statements.

                             Full Committee

    I. U.S. Department of Justice. In conjunction with the 
subcommittees, the Committee will conduct oversight of the U.S. 
Department of Justice, including all Department components and 
agencies.
    II. Management Performance and Budget Oversight. The 
Committee will conduct oversight and identify U.S. Department 
of Justice grant programs that should be streamlined or 
eliminated, as well as those that could be enhanced. The 
Committee will also conduct oversight on all agencies and 
programs within its jurisdiction to uncover waste, fraud, or 
abuse and to identify programs that are inefficient, 
duplicative, or outdated, or that are more appropriately 
administered by state or local governments. In addition, the 
Committee will consider the extent to which federally funded or 
administrated agencies and activities can more efficiently 
handle certain tasks on a national level and whether they save, 
reduce, or render more effective state or local government 
expenditures or activities. In addition, the Committee will 
consider whether any federal programs within its jurisdiction 
should be enhanced, concomitant with cuts to or the elimination 
of less effective programs.

         Subcommitee on Crime, Terrorism, and Homeland Security

    I. Trials of Suspected Terrorists. The Subcommittee will 
conduct oversight on matters related to the prosecution of 
suspected terrorists.
    II. U.S. Department of Justice. The Subcommittee will 
conduct oversight of the law enforcement agencies of the U.S. 
Department of Justice.
          A. The Federal Bureau of Investigation (FBI). The 
        Subcommittee will conduct oversight of the FBI. In 
        addition to its traditional criminal investigatory 
        jurisdiction, the Subcommittee will also conduct 
        oversight of the FBI's counter-terrorism and counter-
        intelligence authorities.
          B. Drug Enforcement Administration (DEA). The 
        Subcommittee will review the operations of the DEA, 
        including domestic and international drug enforcement, 
        money laundering and narco-terrorism investigations.
          C. Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives (ATF). The Subcommittee will review the 
        mission and operations of the ATF, including federal 
        firearms enforcement, explosives investigations, and 
        tobacco and alcohol trafficking operations.
          D. U.S. Marshals Service (USMS). The Subcommittee 
        will review the mission and operations of the USMS, 
        including fugitive apprehensions, court and witness 
        security, and its responsibilities under the Sex 
        Offender Registration and Notification Act (SORNA).
    III. The Federal Bureau of Prisons (BOP). The Subcommittee 
will review the mission and operation of the federal prison 
system, including prisoner rehabilitation, reentry programs, 
and management of a growing offender population.
          A. Federal Prison Industries. The Subcommittee will 
        also conduct oversight of the Federal Prison Industries 
        (FPI), a government corporation that employs offenders 
        incarcerated in federal prisons and provides job 
        training opportunities to prisoners by producing goods 
        and services for federal agencies.
    IV. Office of the Federal Detention Trustee (OFDT). The 
Subcommittee will conduct oversight on the operations of OFDT.
    V. Office of Justice Programs (OJP). The Subcommittee will 
review the mission and operations of OJP and its component 
organizations and the administration of law enforcement 
assistance grants in order to identify programs that should be 
streamlined or eliminated, and those that could be enhanced.
    VI. Office on Violence against Women (OVW). The 
Subcommittee will review the mission and operations of OVW and 
the administration of Violence against Women Act (VAWA) grants.
    VII. Community Oriented Policing Services Office (COPS). 
The Subcommittee will review the mission and operations of COPS 
and the administration of community policing grants.
    VIII. Executive Office of U.S. Attorneys (EOUSA). The 
Subcommittee will conduct oversight on the operations of EOUSA.
    IX. U.S. Department of Homeland Security (DHS). The 
Subcommittee will conduct oversight of DHS law enforcement 
components, including the U.S. Secret Service, U.S. Immigration 
and Customs Enforcement, the Bureau of Customs and Border 
Protection, the U.S. Coast Guard, and the Federal Air Marshals 
Service.
    X. U.S. Sentencing Commission. The Subcommittee will review 
the mission and operations of the U.S. Sentencing Commission 
with particular attention to the role of the Commission 
following the Supreme Court's decision in U.S. v. Booker, 543 
U.S. 220 (2005) and its progeny. The Subcommittee will also 
examine the extent to which federal courts are imposing 
sentences that diverge from those recommended by the sentencing 
guidelines, particularly in cases involving drug smuggling and 
child pornography.
    XI. National Security. The Subcommittee will review the use 
of Foreign Intelligence Surveillance Act (FISA) and U.S. 
PATRIOT Act authorities by Intelligence Community (IC) 
agencies.
    XII. Domestic/Home-Grown Terrorism. The Subcommittee will 
review the threat to our national security from home-grown 
terrorists including the recruitment and training or self-
radicalization of home-grown terrorists and the federal 
government's efforts to preempt, investigate, and prosecute 
domestic terrorism.
    XIII. Crimes against Children. The Subcommittee will review 
laws and law enforcement tools designed to combat child 
exploitation, including reauthorization of the Adam Walsh Act, 
and the proliferation of child pornography on the Internet.
    XIV. Criminal Street Gangs. The Subcommittee may consider 
enforcement and prevention issues concerning criminal street 
gangs, including border gangs, and the issue of how gang 
affiliations may be broken to reduce the number of both street 
and prison gangs.
    XV. Crime Prevention. The Subcommittee may examine the 
extent to which federal policies and funding support crime 
prevention strategies at the Federal, State, local, and tribal 
levels.
    XVI. Firearms Regulation. The Subcommittee may examine 
issues related to firearms regulation.
    XVII. International and Domestic Human Trafficking. The 
Subcommittee will review law enforcement and other activities 
within its jurisdiction that address international and domestic 
trafficking in human beings.

                    Subcommittee on the Constitution

    I. Civil Rights Division, U.S. Department of Justice. The 
Subcommittee will examine the enforcement record and priorities 
of the Civil Rights Division. The Subcommittee will focus on 
the Division's activities in the areas of education, 
employment, credit, housing, public accommodations, law 
enforcement practices, voting rights, voting fraud, and 
federally funded and conducted programs.
    II. Community Relations Service. The Subcommittee will 
conduct oversight of the operations of the Community Relations 
Service.
    III. Congressional Authority. The Subcommittee plans to 
consider the boundaries of the Commerce Clause and other 
Congressional authorities.
    IV. Tort Reform. The Subcommittee will review the policies 
and practices of the civil justice system and the need for its 
reform.
    V. Office of Government Ethics. The Subcommittee will 
consider the priorities and operation of the Office of 
Government Ethics.
    VI. Property Rights. The Subcommittee will consider whether 
there is a need for greater protection of citizens' private 
property rights.
    VII. Religious Liberty. The Subcommittee will consider the 
federal role in the protection of Americans' rights under the 
free exercise and establishment clauses.
    VIII. Abortion. The Subcommittee will examine the 
constitutionality and enforcement of federal and state statutes 
that relate to the performance of abortions.
    IX. Marriage. The Subcommittee will examine constitutional 
issues concerning marriage.
    X. War on Terrorism. The Subcommittee will consider 
constitutional issues associated with the War on Terrorism.
    XI. Detention of Suspected Terrorists. The Subcommittee 
will conduct oversight on matters related to the long-term 
detention of suspected terrorists.
    XII. United States Commission on Civil Rights. The 
Subcommittee will review the work of the Commission, its 
management, and its implementation.

           Subcommittee on Immigration Policy and Enforcement

    I. Department of Homeland Security
          A. The Administration Budget. The Subcommittee 
        expects to conduct hearings on the Administration's 
        budget request for fiscal year 2012 as it applies to 
        immigration functions at U.S. Citizenship and 
        Immigration Services (``CIS'') and U.S. Immigration and 
        Customs Enforcement (``ICE'').
          B. Administrative Discretion. The Subcommittee 
        expects to examine the uses of deferred action and 
        other exercises of administrative relief by ICE and CIS 
        for aliens not lawfully present in the U.S.
          C. Immigration and Customs Enforcement.
            1. Worksite Enforcement. The Subcommittee expects 
        to conduct hearings on the effectiveness of ICE's 
        worksite enforcement activities.
            2. Fugitive Operations. The Subcommittee expects to 
        conduct hearings on the effectiveness of ICE's fugitive 
        apprehensions program.
            3. Immigration Consequences of Drunk Driving. The 
        Subcommittee expects to examine the immigration 
        consequences of drunk driving convictions.
            4. Cooperation of State and Local Law Enforcement. 
        The Subcommittee expects to conduct hearings on issues 
        involved with the cooperation of state and local law 
        enforcement agencies with ICE in the enforcement of 
        federal immigration laws, including the operation of 
        the 287(g) and Secure Communities programs.
            5. Enforcement Statistics. The Subcommittee expects 
        to conduct hearings on the reliability of immigration 
        removal statistics.
            6. Mexican Law Enforcement Issues. The Subcommittee 
        expects to conduct hearings on the implications of 
        Mexican law enforcement issues for asylum and refugee 
        policy.
          D. U.S. Citizenship and Immigration Services.
            1. E-Verify. The Subcommittee expects to conduct 
        hearings on CIS's operation of the E-Verify program to 
        verify the employment authorization of newly-hired 
        workers.
            2. Immigration Benefit Fraud. The Subcommittee 
        expects to conduct hearings on CIS' ability to uncover 
        fraudulent applications and petitions for visas and 
        other immigration benefits.
            3. Backlog Reduction. The Subcommittee expects to 
        conduct hearings on the ongoing efforts of CIS to 
        reduce the processing backlog for immigration petitions 
        and applications.
    II. U.S. Department of Justice
          A. Immigration Judge Disciplinary Proceedings. The 
        Subcommittee expects to conduct hearings on the impact 
        of disciplinary investigations on the decision making 
        of immigration judges.
          B. REAL ID ACT of 2005. The Subcommittee expects to 
        hold hearings on the implementation by the federal 
        judiciary of the provisions of the REAL ID Act of 2005 
        related to determinations by immigration judges.
          C. Enforcement of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (``IIRIRA''). The 
        Subcommittee expects to conduct hearings on the level 
        of enforcement, by the Justice Department, of the 
        provisions of IIRIRA pertaining to rules regarding in-
        state tuition charges by public universities, and 
        communications between state and local agencies and the 
        Department of Homeland Security regarding the 
        immigration status of individuals.
          D. Adjudication of Immigration Cases. The 
        Subcommittee will conduct oversight on the Department's 
        work to adjudicate immigration cases, including a 
        review of relevant budgetary requirements.
    III. Impact of Immigration Policy on the American Economy 
and Society
          A. Effect on American Workers. The Subcommittee 
        expects to conduct hearings on the impact of illegal 
        and low-skilled immigration on American workers.
          B. Fiscal Effects of Immigration. The Subcommittee 
        expects to conduct hearings on the fiscal effects of 
        illegal and low-skilled immigration at the local and 
        national levels.
          C. Effects on Social Security. The Subcommittee 
        expects to hold hearings on the impact of illegal and 
        low-skilled immigration on the Social Security system.
          D. Assimilation of Immigrants. The Subcommittee 
        expects to conduct hearings on the process of 
        assimilation of immigrants, including issues such as 
        the availability of English language instruction, 
        constitutional requirements for citizenship and dual 
        nationality.
    IV. Terrorists and the Immigration System. The Subcommittee 
expects to conduct hearings on how to prevent the manipulation 
of our immigration system by terrorists.
    V. Criminal Law Issues
          A. Gang Violence. The Subcommittee expects to conduct 
        hearings on gang violence in immigrant communities.
          B. Detention of Foreign Nationals. The Subcommittee 
        expects to conduct hearings on the detention of aliens 
        in light of the Supreme Court's decisions in Zadvydas 
        v. Davis and Clark v. Martinez.
          C. Victims of Crime. The Subcommittee expects to 
        conduct hearings on the effect of crime committed by 
        immigrants.
          D. Convention Against Torture. The Subcommittee 
        expects to conduct hearings on the implications of the 
        Convention Against Torture in immigration proceedings.
    VI. Illegal Immigration
          A. Illegal Immigration in Arizona. The Subcommittee 
        expects to conduct hearings on the effects on Arizona 
        residents of illegal immigration and the constitutional 
        issues raised by Arizona's immigration enforcement law 
        (SB 1070).
          B. Local Enforcement of Immigration Law. The 
        Subcommittee expects to conduct hearings on the effects 
        on public safety of cooperation and non-cooperation by 
        local enforcement in the enforcement of the immigration 
        law.
          C. Identity Fraud and Theft. The Subcommittee expects 
        to conduct hearings on identity fraud and identity 
        theft in the immigration context.
          D. Temporary Protected Status. The Subcommittee 
        expects to conduct hearings on the administration of 
        the Temporary Protected Status (``TPS'') program.

  Subcommittee on Intellectual Property, Competition, and the Internet

    I. PRO-IP Act Implementation. The Subcommittee will conduct 
oversight on the implementation of the ``Prioritizing Resources 
and Organization for Intellectual Property Act of 2008'' (PRO-
IP) which increases civil and criminal penalties for trademark 
and copyright infringement.
    II. Oversight of the U.S. Patent and Trademark Office. 
Oversight of the USPTO is a priority for the Committee. A 
hearing will focus on agency operations and needs to determine 
how Congress can help the USPTO address its annual workload and 
backlog of patent applications. The agency has undertaken a 
number of new projects and initiatives that must be evaluated 
as well. As part of the project, the Committee will work with 
the appropriators to ensure that the USPTO receives sufficient 
funding to perform its work.
    III. Oversight of the U.S. Copyright Office. The Copyright 
Office is experiencing increased delays in processing 
registrations with a corresponding backlog. This issue can be 
addressed through staff briefings or a possible hearing.
    IV. Merger Clearance. The Subcommittee may explore 
potential efficiency enhancing measures in the Federal Trade 
Commission-Department of Justice Hart-Scott-Rodino merger 
clearance process.
    V. Consummated Merger Review. It has become increasingly 
common for the antitrust enforcement agencies to investigate 
and challenge consummated mergers. The Subcommittee may examine 
the reasons for the increase in challenges, and whether current 
law needs to be changed to give the agencies the flexibility 
they need to investigate potential anticompetitive behavior 
while providing appropriate certainty to the business 
community.
    VI. Procedural Divergence in U.S. Merger Enforcement. Under 
current law, the Department of Justice may sue to enjoin a 
merger in federal district court. The Federal Trade Commission 
can sue to enjoin that same merger in federal district court 
and, at the same time, proceed with a case before its own 
administrative law judge. The Subcommittee may examine the 
reasons for this disparity and whether it results in different 
substantive standards for antitrust review.
    VII. International Divergence in Antitrust Enforcement. 
This oversight will focus on whether the agencies are doing 
enough to harmonize U.S. antitrust law with competition laws in 
other countries. This will include exploring what actions the 
agencies are taking to harmonize laws and enforcement 
activities, particularly focused on the European Union, China, 
Brazil, Japan, and Korea; and how such activities are 
authorized and funded by Congress.
    VIII. Antitrust Exemptions. The Subcommittee will conduct 
oversight of industry exemptions to determine whether such 
exemptions continue to serve the public interest.

                Subcommittee on Courts, Commercial and 
                           Administrative Law

    I. Administrative Process and Procedure. The Subcommittee 
will conduct oversight of issues related to the Administrative 
Procedure Act, the Congressional Review Act, the Regulatory 
Flexibility Act, the Small Business Regulatory Enforcement 
Fairness Act, the overall costs imposed by federal regulation, 
the extent to which agencies compete for policymaking primacy 
with the Legislative Branch, and the role that the Office of 
Information and Regulatory Affairs within the Office of 
Management and Budget plays in the federal rulemaking process.
    II. Bankruptcy. The Subcommittee expects to conduct 
oversight of the Bankruptcy Code's responsiveness to the needs 
of financially troubled small businesses and municipalities, as 
well as potential insolvency issues presented by a number of 
States. In addition, the Subcommittee may conduct oversight of 
the need for bankruptcy venue reform, bankruptcy issues related 
to the 2008 financial crisis and legislation enacted in 
response to it, the financial struggles of military veterans, 
and issues presented by asset sales under Bankruptcy Code sec. 
363, such as those highlighted by the recent Chrysler 
bankruptcy. Oversight of auto bankruptcy issues may also extend 
to the dealings of the Administration's Auto Task Force and 
other aspects of the government-managed bankruptcies of General 
Motors and Chrysler.
    III. Federal Judiciary. The Subcommittee may conduct a 
hearing on the operations of the Administrative Office of the 
United States Courts, and the state of the Judiciary as a 
whole. This may include consideration of the judicial resource 
needs of Article III and bankruptcy courts, judicial salaries, 
and security for federal judges.
    IV. Agencies. The Subcommittee will conduct oversight of 
the Justice Department's Civil Division, Environment and 
Natural Resources Division, Executive Office for United States 
Trustees, and Office of the Solicitor General. It will also 
conduct oversight of the Department's compliance with the 
Freedom of Information Act and the Office of Management and 
Budget's Office of Information and Regulatory Affairs.
    V. State Justice Institute. The State Justice Institute 
(SJI) provides matching grants to state courts that allow them 
to develop methods to work more efficiently and productively. A 
review of SJI operations may be in order since its 
authorization expired in 2007.
    VI. Arbitration. The Subcommittee may conduct oversight of 
issues arising under the Federal Arbitration Act, including the 
implementation of the American Arbitration Association's 
mandatory binding arbitration program for General Motors and 
Chrysler auto dealers and other matters that shed light on the 
status and effectiveness of America's arbitration system.
    VII. Legal Services Corporation. The Subcommittee will 
review the mission and operations of the Legal Services 
Corporation.
    VIII. Interstate Compacts. The Subcommittee may conduct 
oversight to determine the extent of compliance with the 
constitutional process by which States seek Congressional 
approval of interstate compacts.
    IX. Administrative Conference of the United States. The 
Subcommittee will conduct oversight on the Administrative 
Conference of the United States.
    X. State Taxation Affecting Interstate Commerce. The 
Subcommittee may also continue oversight begun in the 111th 
Congress of issues related to state taxation that affect 
interstate commerce.

           Activities Conducted Pursuant to the Committee's 
                             Oversight Plan


Full Committee

    1. Hearing on Medical Liability Reform--Cutting Cost, 
Spurring Investment, Creating Jobs (Serial No. 112-1)
    2. Hearing on the Constitutionality of the Individual 
Mandate (Serial No. 112-5)
    3. Hearing on the Federal Bureau of Investigation (Serial 
No. 112-  )
    4. Hearing on the United States Department of Justice 
(Serial No. 112-  )

Subcommittee on the Constitution

    1. Hearing on: H.R. 3, the ``No Taxpayer Funding for 
Abortion Act'' (Serial No. 112-9)
    2. Hearing on: H.R. 966, the ``Lawsuit Abuse Reduction 
Act'' (Serial No. 112-18)
    3. Hearing on: H.R. 1433, the ``Private Property Rights 
Protection Act'' (Serial No. 112-21)
    4. Hearing on: Oversight Hearing on the U.S. Department of 
Justice Civil Rights Division (Serial No. 112-  )
    5. Hearing on: Can We Sue Our Way to Prosperity?: 
Litigation's Effect on America's Global Competitiveness (Serial 
No. 112-  )
    6. Hearing on: Defending Marriage (Serial No. 112-  )

Subcommittee on Courts, Commercial and Administrative Law

    1. Hearing on The REINS Act--Promoting Jobs and Expanding 
Freedom by Reducing Needless Regulations (Serial No. 112-7)
    2. Hearing on the Role of Public Employee Pensions in 
Contributing to State Insolvency and the Possibility of a State 
Bankruptcy Chapter (Serial No. 112-25)
    3. Hearing on The APA at 65--Is Reform Needed to Create 
Jobs, Promote Economic Growth and Reduce Costs? (Serial No. 
112-17)
    4. Hearing on Raising the Agencies' Grades: Protecting the 
Economy, Assuring Regulatory Quality and Improving Assessments 
of Regulatory Need (Serial No. 112-  )
    5. Hearing on Cost-Justifying Regulations: Protecting Jobs 
and the Economy by Presidential and Judicial Review of Costs 
and Benefits (Serial No. 112-  )
    6. Hearing on Formal Rulemaking and Judicial Review: 
Protecting Jobs and the Economy with Greater Regulatory 
Transparency and Accountability (Serial No. 112-  )

Subcommittee on Crime, Terrorism, and Homeland Security

    1. Hearing on Data Retention as a Tool for Investigating 
Internet Child Pornography and Other Internet Crimes (Serial 
No. 112-3)
    2. Hearing on the Reauthorization of the Adam Walsh Act 
(Serial No. 112-12)
    3. Hearing on the Reauthorization of the PATRIOT Act 
(Serial No. 112-14)
    4. Hearing on the Permanent Provisions of the PATRIOT Act 
(Serial No. 112-15)
    5. Hearing on Justice for America: Using Military 
Commissions to Try the 9/11 Conspirators (Serial No. 112-  )
    6. Hearing on the USA PATRIOT Act: Dispelling the Myths 
(Serial No. 112-  )

Subcommittee on Immigration Policy and Enforcement

    1. Hearing on ICE Worksite Enforcement--Up to the Job? 
(Serial No. 112-2)
    2. Hearing on E-Verify--Preserving Jobs for American 
Workers (Serial No. 112-4)

Subcommittee on Intellectual Property, Competition, and the Internet

    1. Hearing on How an Improved U.S. Patent and Trademark 
Office Can Create Jobs (Serial No. 112-6)

                             Full Committee


                      Full Committee Jurisdiction

    The Full Committee shall have jurisdiction over such 
matters as determined by the Chairman.

                 Full Committee Legislative Activities


H.R. 2, the ``Repealing the Job-Killing Health Care Law Act''

    Summary.--H.R. 2 repeals the Patient Protection and 
Affordable Care Act, effective as of its enactment. Restores 
provisions of law amended by such Act. It also repeals the 
health care provisions of the Health Care and Education and 
Reconciliation Act of 2010, effective as of the Act's 
enactment. Restores provisions of law amended by the Act's 
health care provisions.
    Legislative History.--The measure was introduced on January 
5, 2011 by Representative Eric Cantor. The full House 
considered the measure under the provisions of H. Res. 26 on 
January 18, 2011 and, on January 19, 2011, it passed the House 
by a roll call vote of 245 yeas to 189 nays.

H.R. 5, the ``Help Efficient, Accessible, Low-cost, Timely Healthcare 
        (HEALTH) Act of 2011''

    Summary.--Representative Phil Gingrey introduced H.R. 5, 
the ``Help Efficient, Accessible, Low-cost, Timely Healthcare 
(HEALTH) Act of 2011,'' on January 24, 2011. H.R. 5 sets 
conditions for lawsuits arising from health care liability 
claims regarding health care goods or services or any medical 
product affecting interstate commerce.
    Legislative History.--The Committee met on February 9 and 
16, 2011, to consider the legislation and reported the bill 
favorably, as amended, by a roll call vote of 18 yeas to 15 
nays. The Committee reported the bill to the House on March 17, 
2011, as House Report 112-39, Part I. The bill was placed on 
the Union Calendar, Calendar No. 47, on May 23, 2011.

H.R. 658, the ``FAA Reauthorization and Reform Act of 2011''

    Summary.--Introduced by Representative John Mica on 
February 11, 2011, the bill authorizes appropriations to the 
Federal Aviation Administration (FAA) for FY2010 and FY2011 for 
operations and for other purposes.
    Legislative History.--The primary Committee Report was 
filed by the Transportation Committee on March 10, 2011 as 
House Report 112-29. The Judiciary Committee was discharged 
from the bill on March 23, 2011. On April 1, 2011, the bill 
passed the House by a roll call vote of 223 yeas to 196 nays.

H.R. 1021, the ``Temporary Bankruptcy Judgeships Extension Act of 
        2011''

    Summary.--Introduced by Committee Chairman Lamar Smith on 
March 10, 2011, the bill extends the temporary office of 
bankruptcy judges authorized for specified districts under the 
Bankruptcy Judgeship Act of 1992 and other provisions of the 
federal judicial code until the applicable vacancy occurs in 
the office of a bankruptcy judge in such respective districts. 
The bill also prohibits filling specified bankruptcy judge 
vacancies occurring more than five years after enactment of 
this Act and resulting from the death, retirement, resignation, 
or removal of a bankruptcy judge.
    Legislative History.--The Committee consider the bill at 
markup on March 17, 2011 and the measure was ordered reported, 
as amended, by a voice vote.

                  Full Committee Oversight Activities


Hearing on Medical Liability Reform--Cutting Cost, Spurring Investment, 
        Creating Jobs (Serial No. 112-1)

    The hearing was held by the Full Committee on January 20, 
2011, to address cost issues related to medical malpractice 
lawsuits and medical malpractice insurance. Witnesses who 
appeared at the hearing included Dr. Stuart L. Weinstein, 
Health Coalition on Liability and Access, Joanne Doroshow, 
Executive Director, Center for Justice & Democracy, and Dr. 
Ardis Hoven, Chairwoman, American Medical Association Board of 
Trustees. To address issues raised by the hearing, 
Representative Phil Gingrey introduced H.R. 5, the ``Help 
Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act 
of 2011,'' on January 24, 2011.

Hearing on the Constitutionality of the Individual Mandate (Serial No. 
        112-5)

    On February 16, 2011, the Committee met in open session and 
received testimony from the following individuals: the 
Honorable Kenneth T. Cuccinelli, II, Attorney General for the 
Commonwealth of Virginia; Professor Walter Dellinger, Duke 
University School of Law; and Professor Randy E. Barnett from 
Georgetown University Law Center.

Hearing on the Federal Bureau of Investigation (Serial No. 112-  )

    On March 16, 2011, the Committee met to receive testimony 
from Federal Bureau of Investigation Director Robert S. 
Mueller, III.

Hearing on the United State Department of Justice (Serial No. 112-)

    The Committee met on May 3, 2011 to receive testimony from 
U.S. Attorney General Eric Holder.
                  SUBCOMMITTEE ON THE CONSTITUTION\1\
---------------------------------------------------------------------------

    \1\Subcommittee chairmanship and assignments approved January 19, 
2011.
---------------------------------------------------------------------------

  TRENT FRANKS, Arizona, Chairman
MIKE PENCE, Indiana, Vice-Chairman

JERROLD NADLER, New York             STEVE CHABOT, Ohio
MIKE QUIGLEY, Illinois               J. RANDY FORBES, Virginia
JOHN CONYERS, Jr., Michigan          STEVE KING, Iowa
ROBERT C. ``BOBBY'' SCOTT, Virginia  JIM JORDAN, Ohio

          Tabulation of subcommittee legislation and activity

Legislation referred to the Subcommittee.........................    95
Legislation on which hearings were held..........................     3
Legislation reported favorably to the full Committee.............     0
Legislation reported adversely to the full Committee.............     0
Legislation reported without recommendation to the full Committee     0
Legislation reported as original measure to the full Committee...     0
Legislation discharged from the Subcommittee.....................     2
Legislation pending before the full Committee....................     0
Legislation reported to the House................................     1
Legislation discharged from the Committee........................     0
Legislation pending in the House.................................     0
Legislation failed passage by the House..........................     0
Legislation passed by the House (including suspensions)..........     1
Legislation pending in the Senate................................     1
Legislation vetoed by the President (not overridden).............     0
Legislation enacted into Public Law..............................     0
Days of legislative hearings.....................................     3
Days of oversight hearings.......................................     3

                    Jurisdiction of the Subcommittee

    The Subcommittee on the Constitution shall have 
jurisdiction over the following subject matters: constitutional 
amendments, constitutional rights, Federal civil rights, ethics 
in government, tort liability, including medical malpractice 
and product liability, legal reform generally, other 
appropriate matters as referred by the Chairman, and relevant 
oversight.

                         Legislative Activities


Hearing on H.R. 3, the ``No Taxpayer Funding for Abortion Act'' (Serial 
        No 112-9)

    Summary.--Introduced by Representative Christopher Smith, 
H.R. 3 would (1) prohibit the expenditure of funds authorized 
or appropriated by federal law or funds in any trust fund to 
which funds are authorized or appropriated by federal law 
(federal funds) for any abortion, (2) prohibit federal funds 
from being used for any health benefits coverage that includes 
coverage of abortion, and (3) makes such prohibitions 
applicable to District of Columbia funds.
    Legislative History.--H.R. 3 was introduced on January 20, 
2011 and has 227 cosponsors. The Subcommittee convened a 
hearing on February 8, 2011. At this hearing testimony was 
heard from Richard M. Doerflinger, Associate Director of the 
Secretariat of Pro-Life Activities, United States Conference of 
Catholic Bishops; Sara Rosenbaum, Harold and Jane Hirsh 
Professor of Health Law and Policy and Chair of the Department 
of Health Policy, The George Washington University School of 
Public Health and Health Services; and, Cathy Ruse, Senior 
Fellow for Legal Studies, Family Research Council.
    The Full Committee considered the legislation on March 3, 
2011 and reported the bill favorably, as amended, by a roll 
call vote of 23 yeas to 14 nays. The Committee reported the 
bill to the House on March 17, 2011, as House Report 112-38, 
Part I. On May 4, 2011, H.R. 3 passed the House by a roll call 
vote of 251 yeas to 175 nays.

Hearing on H.R. 966, the ``Lawsuit Abuse Reduction Act'' (Serial No 
        112-18)

    Summary.--H.R. 966 would (1) restore mandatory sanctions 
for filing frivolous lawsuits in violation of Rule 11, (2) 
remove Rule 11's ``safe harbor'' provision that currently 
allows parties and their attorneys to avoid sanctions for 
making frivolous claims by withdrawing frivolous claims after a 
motion for sanctions has been filed, and (3) require monetary 
sanctions, including attorneys' fees and compensatory costs, 
against any party making a frivolous claim. The bill also 
expressly provides that ``Nothing in'' the changes made to Rule 
11 ``shall be construed to bar or impede the assertion or 
development of new claims, defenses, or remedies under Federal, 
State, or local laws, including civil rights laws.''
    Legislative History.--H.R. 966 was introduced by Committee 
Chairman Lamar Smith on March 9, 2011. The Subcommittee held a 
hearing on March 11, 2011, and heard testimony from Elizabeth 
Milito, Senior Executive Counsel, National Federation of 
Independent Business Small Business Legal Center; Lonny 
Hoffman, George Butler Research Professor of Law, University of 
Houston Law Center; and Victor Schwartz, Partner, Shook, Hardy 
& Bacon. The main focus of the hearing was on whether frivolous 
lawsuits have an impact on businesses (especially small 
businesses), jobs, and the economy. The hearing also examined 
the effect amending Rule 11 would have on litigation and on 
deterring frivolous lawsuits and motions from being filed in 
federal court.

Hearing on H.R. 1433, the ``Private Property Rights Protection Act'' 
        (Serial No. 112-21)

    Summary.--H.R. 1433 prohibits state and local governments 
that receive federal economic development funds from using 
eminent domain to transfer private property from one private 
owner to another for the purpose of economic development. 
Specifically, if a state or political subdivision of a state 
uses its eminent domain power to transfer private property to 
other private parties for economic development, the state is 
ineligible to receive federal economic development funds for 
two fiscal years following a judicial determination that the 
law has been violated. Additionally, the bill prohibits the 
federal government from using eminent domain for economic 
development purposes.
    Legislative History.--H.R. 1433 was introduced on April 7, 
2011, by Representatives James Sensenbrenner and Maxine Waters 
and currently has 24 co-sponsors. On April 12, 2011, the 
Subcommittee held a hearing on the bill. Testimony was received 
from Lori Ann Vendetti, a homeowner from Long Branch, New 
Jersey; John Echeverria, Professor, Vermont Law School; and 
Dana Berliner, Senior Attorney, the Institute for Justice. The 
witnesses discussed the impact of the Supreme Court's 2005 
decision in Kelo v. City of New London, 545 U.S. 469 (2005), on 
private property rights. The hearing focused on whether H.R. 
1433 would effectively address continuing concerns after the 
Kelo decision that all private property is now vulnerable to 
being taken and transferred to another private owner for 
private economic development.

H. Con. Res. 13--Reaffirming ``In God We Trust'' as the official motto 
        of the United States and supporting and encouraging the public 
        display of the national motto in all public buildings, public 
        schools, and other government institutions

    Summary.--The Resolution was introduced on January 26, 2011 
by Representatives Randy Forbes to reaffirm ``In God We Trust'' 
as the official motto of the United States and supporting and 
encouraging public display of the national motto in public 
buildings, schools and other government institutions.
    Legislative History.--The Committee considered H. Con. Res. 
13 during markup on March 17, 2011 and ordered the measure 
favorably reported to the House by voice vote. The Committee 
reported to measure to the House on March 31, 2011 as House 
Report 112-47.

                          Oversight Activities


Hearing on Defending Marriage (Serial No. 112-  )

    Summary.--On April 15, 2011, the Subcommittee convened a 
hearing on the implications of Attorney General Eric Holder's 
February 23, 2011, letter to Speaker of the House John Boehner 
notifying the Speaker of the President's determination that 
Section 3 of the Defense of Marriage Act, as applied to same-
sex couples who are legally married under state law, violates 
the equal protection component of the Fifth Amendment. 
Testimony was received from Maggie Gallagher of the National 
Organization for Marriage, Professor Carlos Ball of the Rutgers 
School of Law, and Ed Whelan of the Ethics and Public Policy 
Center.

Hearing on Whether the Constitution Should be Amended to Address the 
        Federal Deficit? (Serial No. 112-  )

    Summary.--On May 13, 2011, the Subcommittee held an 
oversight hearing to examine whether the United States 
Constitution needs to be amended to address the federal 
deficit. Testimony was received from the Honorable Bob 
Goodlatte; David Primo, Professor, University of Rochester; 
Robert Greenstein, President, Center on Budget and Policy 
Priorities; and Andrew Moylan, Vice President of Government 
Affairs, National Taxpayers Union. The hearing looked at 
continuing federal budget deficits, which have resulted in a 
total federal deficit exceeding $14 trillion, and the effects 
not addressing deficit spending will have on the country's 
long-term prosperity. Witnesses discussed prior legislative 
attempts to cut federal spending and the prospects further 
legislative approaches have for imposing fiscal discipline on 
the federal government. The main focus of the witnesses' 
testimony was whether the deficit and the failure of previous 
legislative attempts to address the deficit justify a 
constitutional amendment and, if so, the necessary provisions 
of such an amendment. In particular, the witnesses examined the 
merits of a balanced budget amendment to the Constitution.

Hearing on Can We Sue Our Way to Prosperity?: Litigation's Effect on 
        America's Global Competitiveness (Serial No. 112-  )

    Summary.--The Subcommittee held a hearing on May 24, 2011 
to examine the civil litigation system's impact on the 
competitiveness of the United States' economy. Testimony was 
received from Paul Hinton of NERA Economic Consulting, 
Professor Charles Silver of the University of Texas School of 
Law, and John Beisner of Skadden, Arps, Slate, Meagher & Flom 
LLP.

               Activities Conducted Pursuant to H. Res. 9

    H. Res. 9 directs several committees, including the 
Judiciary Committee, to report legislation to, among other 
things, ``reform the medical liability system to reduce 
unnecessary and wasteful health care spending'' and ``prohibit 
taxpayer funding of abortions.'' Pursuant to H. Res. 9, the 
Committee held a full committee hearing on ``Medical Liability 
Reform--Cutting Costs, Spurring Investment, Creating Jobs'' and 
a Constitution Subcommittee hearing on H.R. 3, the ``No 
Taxpayer Funding for Abortion Act.'' Additionally, the 
Committee favorably reported two bills: H.R. 5, the ``Help 
Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) 
Act,'' and H.R. 3, the ``No Taxpayer Funding for Abortion 
Act.''
     SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW \1\
---------------------------------------------------------------------------

    \1\Subcommittee chairmanship and assignments approved January 19, 
2011.
---------------------------------------------------------------------------

  HOWARD COBLE, North Carolina, 
             Chairman
 TREY GOWDY, South Carolina, Vice-
             Chairman

STEVE COHEN, Tennessee               ELTON GALLEGLY, California
HENRY C. ``HANK'' JOHNSON, Jr., GeorgiaENT FRANKS, Arizona
MELVIN L. WATT, North Carolina       DENNIS ROSS, Florida
MIKE QUIGLEY, Illinois               Vacancy

          Tabulation of subcommittee legislation and activity

Legislation referred to the Subcommittee.........................    28
Legislation reported favorably to the full Committee.............     0
Legislation reported adversely to the full Committee.............     0
Legislation reported without recommendation to the full Committee     0
Legislation reported as original measure to the full Committee...     0
Legislation discharged from the Subcommittee.....................     2
Legislation pending before the full Committee....................     0
Legislation reported to the House................................     2
Legislation discharged from the Committee........................     0
Legislation pending in the House.................................     0
Legislation passed by the House..................................     2
Legislation pending in the Senate................................     2
Legislation vetoed by the President..............................     0
Legislation enacted into public law..............................     0
Legislation enacted into public law as part of another bill......     0
Legislation on which hearings were held..........................     6
Days of legislative hearings.....................................     6
Days of oversight hearings.......................................     6

                    Jurisdiction of the Subcommittee

    The Subcommittee on Courts, Commercial and Administrative 
Law shall have jurisdiction over the following subject matters: 
Administration of U.S. Courts, Federal Rules of Evidence, Civil 
and Appellate Procedure, judicial ethics, bankruptcy and 
commercial law, bankruptcy judgeships, administrative law, 
independent counsel, state taxation affecting interstate 
commerce, interstate compacts, other appropriate matters as 
referred by the Chairman, and relevant oversight.

                         Legislative Activities


Hearing on H.R. 10, the ``Regulations From the Executive in Need of 
        Scrutiny Act of 2011'' (Serial No. 112-26)

    Summary.--The REINS Act rewrites provisions of the 
Congressional Review Act to require congressional approval of 
``major'' rules of the executive branch before they may take 
effect (currently, major rules take effect unless Congress 
passes and the President signs a joint resolution disapproving 
them). The Act defines ``major rule'' as any rule, including an 
interim final rule, that has resulted in or is likely to result 
in: (1) an annual effect on the economy of $100 million or 
more; (2) a major increase in costs or prices; or (3) 
significant adverse effects on competition, employment, 
investment, productivity, innovation, or U.S. competitiveness.
    Legislative History.--H.R. 10 was introduced on January 20, 
2011, by Representative Geoff Davis. Committee Chairman Lamar 
Smith is the lead original co-sponsor. As of June 6, 2011, the 
bill had 146 co-sponsors. The Subcommittee convened a hearing 
on March 8, 2011, and received testimony from David Schoenbrod, 
Trustee Professor of Law, New York Law School & Visiting 
Scholar, American Enterprise Institute; Eric R. Claeys, 
Professor of Law, George Mason University School of Law; and, 
David Goldston, Director of Government Affairs, Natural 
Resources Defense Council.

H.R. 368, the ``Removal Clarification Act of 2011''

    Summary.--H.R. 368 would amend title 28, United States 
Code, to clarify and improve certain provisions relating to the 
removal of litigation against Federal officers or agencies to 
Federal courts, and for other purposes.
    Legislative History.--On January 20, 2011, Representative 
Hank Johnson introduced the bill which was referred to the 
Subcommittee on January 21, 2011. The Full Committee considered 
the bill at markup on January 26, 2011 and ordered the bill 
favorably reported by a voice vote. The Committee reported the 
bill to the House on February 28, 2011 as House Report 112-11, 
Part 1. The bill passed the House the same day, as amended, 
under suspension by a roll call vote of 396 yeas to 4 nays.

H.R. 394, the ``Federal Courts and Venue Clarification Act of 2011''

    Summary.--H.R. 394 amends the federal judicial code to 
declare that, with respect to diversity of citizenship, the 
U.S. district courts shall not have original jurisdiction of 
any civil action between citizens of a state and citizens or 
subjects of a foreign state who are lawfully admitted for 
permanent residence in the United States and are domiciled in 
the same state.
    Legislative History.--Committee Chairman Lamar Smith 
introduced the bill on January 24, 2011. The Full Committee 
considered the bill at markup on January 26, 2011 and favorably 
reported the bill by voice vote. The bill was reported to the 
House on February 11, 2011 as House Report 112-10. On February 
28, 2011, H.R. 394 passed the House, as amended, under 
suspension by a roll call vote of 402 yeas to 0 nays.

Hearing on H.R. 527, the ``Regulatory Flexibility Improvements Act of 
        2011''--Unleashing Small Businesses to Create Jobs (Serial No. 
        112-16)

    Summary.--Introduced by Committee Chairman Lamar Smith, 
H.R. 527 amends the Regulatory Flexibility Act of 1980 (RFA) 
and the Small Business Regulatory Enforcement Fairness Act 
(SBREFA). As of June 6, 2011, the bill had 19 co-sponsors. The 
bill expands the range of rules and issues that must be 
assessed; extends to all agencies requirements to gather input 
on potential rules from small business review panels; 
strengthens requirements to periodically review and reassess 
rules that have significant impacts on substantial numbers of 
small entities; improves judicial review; and grants the Small 
Business Administration authority to promulgate government-wide 
rules on RFA and SBREFA implementation.
    Legislative History.--H.R. 527 was introduced on February 
8, 2011. The Subcommittee held a hearing on February 10, 2011, 
and received testimony from Richard Gimmel, President of Atlas 
Machine & Supply, Inc.; Thomas Sullivan, Of Counsel, Nelson 
Mullins Riley Scarborough LLP and head of the Small Business 
Coalition for Regulatory Relief; J. Robert Shull, Program 
Officer, Workers' Rights, Public Welfare Foundation; and, Karen 
R. Harned, Executive Director, National Federation of 
Independent Business, Small Business Legal Center.

Hearing on H.R. 1002, the ``Wireless Tax Fairness Act of 2011'' (Serial 
        No. 112-22)

    Summary.--H.R. 1002 prohibits state and local governments 
from imposing any new ``discriminatory'' tax (as defined in the 
bill) on mobile telecommunications services, property or 
equipment (e.g., wireless phones) for five years after its 
enactment. The bill 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 (e.g., 
a generally applicable sales tax), or that is generally imposed 
at a lower rate, unless such tax was imposed and actually 
enforced prior to the date of enactment.
    Legislative History.--H.R. 1002 was introduced by 
Representative Zoe Lofgren on March 10, 2011. The lead 
Republican co-sponsor is Representative Trent Franks. As of 
June 2, 2011, the bill had 223 co-sponsors. On March 15, 2011, 
the Subcommittee held a hearing on the bill and heard testimony 
from: Scott Mackey, a partner of KSE Partners LLP; Bernita 
Sims, a councilwoman from High Point, NC; and, Harry Alford, 
the President and CEO of the National Black Chamber of 
Commerce.

Hearing on H.R. 1439, the ``Business Activity Tax Simplification Act of 
        2011'' (Serial No. 112-  )

    Summary.--H.R. 1439 expands the federal prohibition against 
state taxation of interstate commerce to: (1) include taxation 
of out-of-state transactions involving all forms of property, 
including intangible personal property and services (currently, 
only sales of tangible personal property are protected); and 
(2) prohibit state taxation of an out-of-state entity unless 
such entity has a physical presence in the taxing state. The 
bill also sets forth criteria for: (1) determining that a 
person has a physical presence in a state, and (2) the 
computation of the tax liability of affiliated businesses 
operating in a state.
    Legislative History.--Representative Bob Goodlatte 
introduced H.R. 1439 on April 8, 2011. The lead Democratic co-
sponsor is Representative Robert C. ``Bobby'' Scott. The 
Subcommittee held a legislative hearing on the bill on April 
13, 2011, and heard testimony from: the Honorable Bob 
Goodlatte; the Honorable Bobby Scott; Corey Schroeder, Vice 
President and CFO of Outdoor Living Brands, Inc., who testified 
on behalf of the International Franchise Association; R. Bruce 
Johnson, the Chairman of the Utah State Tax Commission, who 
testified on behalf of the Federation of Tax Administrators; 
and Joseph Henchman, the Tax Counsel and Director of State 
Projects at the Tax Foundation. Representatives Goodlatte and 
Scott offered testimony in support of the bill.

Hearing on H.R. 1860, the ``Digital Goods and Services Tax Fairness Act 
        of 2011'' (Serial No. 112-  )

    Summary.--H.R. 1860 prohibits states and localities from 
imposing a higher tax rate on digital goods and services than 
is applicable to their tangible analogs. The bill also provides 
tax sourcing rules for purchases of digital goods and services.
    Legislative History.--Committee Chairman Lamar Smith 
introduced H.R. 1860 on May 12, 2011. The lead Democratic co-
sponsor is Representative Steve Cohen. The Subcommittee held a 
hearing on May 23, 2011, and received testimony from: Robert D. 
Atkinson, the President of the Information Technology & 
Innovation Foundation; Russ Brubaker, the National Tax Policy 
Advisor to the Washington Department of Revenue, who testified 
on behalf of the Federation of Tax Administrators; and, James 
R. Eads, Jr., the Director of Public Affairs at Ryan, LLC.

Hearing on H.R. 1864, the ``Mobile Workforce State Income Tax 
        Simplification Act of 2011'' (Serial No. 112-  )

    Summary.--H.R. 1864 provides that an employee shall not be 
subject to state income tax unless he or she performs work in a 
state for at least 30 days during the taxable year. It also 
provides that an employer shall not be required to withhold 
state income tax with respect to a state in which an employee 
does not work for at least 30 days during the taxable year.
    Legislative History.--H.R. 1864 was introduced on May 12, 
2011, by Subcommittee Chairman Howard Coble. Representative 
Henry ``Hank'' Johnson is the lead Democratic co-sponsor. As of 
June 6, 2011, the bill had 6 co-sponsors. On May 25, 2011, the 
Subcommittee held a legislative hearing on the bill and heard 
testimony from: Jeffrey A. Porter, the founder of Porter & 
Associates CPAs, who testified on behalf of the American 
Institute of Certified Public Accountants; Patrick Carter, the 
Director of the Delaware Department of Revenue, who testified 
in his capacity as President of the Federation of Tax 
Administrators; and, Joseph Crosby, the Chief Operating Officer 
and Senior Director for Policy at the Council for State 
Taxation.

                          Oversight Activities


Hearing on The REINS Act--Promoting Jobs and Expanding Freedom by 
        Reducing Needless Regulations (Serial No. 112-7)

    On January 24, 2011, the Subcommittee held a hearing to 
examine potential reform of the Congressional Review Act (CRA) 
to make that law more effective. Amendments considered included 
congressional approval of major agency regulations before the 
regulations can go into effect, as would be accomplished by the 
REINS Act. ``Major'' regulations are those with $100 million or 
more of impacts on the U.S. economy.
    At this hearing, testimony was heard from the Honorable 
David McIntosh, former Member of Congress and a partner at 
Mayer Brown LLP; Jonathan Adler, Professor, Case Western 
Reserve University School of Law and Director, Center for 
Business Law and Regulation; and, Sally Katzen, Visiting 
Professor, New York University School of Law and Senior 
Advisor, Podesta Group.

Hearing on the Role of Public Employee Pensions in Contributing to 
        State Insolvency and the Possibility of a State Bankruptcy 
        Chapter (Serial No. 112-25)

    On February 14, 2011, the Subcommittee convened a hearing 
to examine the extent to which unfunded public employee pension 
obligations contribute to government insolvency and to study 
whether states ought to be made eligible for federal bankruptcy 
relief.
    At the hearing, testimony was heard from: Dr. Joshua Rauh, 
Associate Professor of Finance with the Kellogg School of 
Management, Northwestern University; James Spiotto, partner 
with Chapman and Cutler LLP; Matt Fabian, the Managing Director 
of Municipal Market Advisors (Westport, CT); and, Keith 
Brainard, the Research Director for the National Association of 
State Retirement Administrators.

Hearing on The APA at 65--Is Reform Needed to Create Jobs, Promote 
        Economic Growth and Reduce Costs? (Serial No. 112-17)

    On February 28, 2011, the Subcommittee initiated a series 
of hearings to examine potential rulemaking reforms to 
modernize the Administrative Procedure Act (APA) as it 
approached the 65th anniversary of its enactment on June 11, 
1946.
    At the hearing, testimony was heard from Susan E. Dudley, 
former Administrator of the Office of Management and Budget's 
(OMB) Office of Information and Regulatory Affairs (OIRA) 
during the George W. Bush administration and current director 
of George Washington University's Regulatory Studies Center; 
Jeffrey A. Rosen, Esq., former OMB general counsel during the 
same administration and a current partner at Kirkland & Ellis 
LLP; and, Professor Peter L. Strauss, Columbia Law School.

Hearing on Raising the Agencies' Grades: Protecting the Economy, 
        Assuring Regulatory Quality and Improving Assessments of 
        Regulatory Need (Serial No. 112-  )

    The Subcommittee held a hearing on March 29, 2011, to 
explore concerns over the quality of federal regulatory 
development suggested by the George Mason University's Mercatus 
Center in its ongoing Regulatory Report Card project. The 
Subcommittee also considered changes to the early phases of 
rulemaking that could assure greater and more effective public 
and stakeholder input to agency decisions. Finally, the 
Subcommittee identified additional APA requirements that could 
force agencies to assess better whether regulation is needed at 
all before they issue notices of proposed rulemakings or 
promulgate final regulations.
    At this hearing, the Subcommittee heard testimony from Dr. 
Jerry Ellig, Ph.D., director of the Mercatus Center's 
Regulatory Report Card Project; Dr. Richard Williams, Ph.D., 
Director of Policy Research at the Mercatus Center and former 
regulatory development and review official at the Office of 
Management and Budget; and, Robert L. Glicksman, J.B. and 
Maurice C. Shapiro Professor of Environmental Law at The George 
Washington University Law School.

Hearing on Cost-Justifying Regulations: Protecting Jobs and the Economy 
        by Presidential and Judicial Review of Costs and Benefits 
        (Serial No. 112-  )

    On May 4, 2011, the Subcommittee held a hearing focused on 
potential APA reforms to better the use of cost-benefit 
analysis and other features of the regulatory development 
process instituted by executive orders in this area. Witnesses 
included: John Graham, former OIRA Administrator and Dean, 
School of Public and Environmental Affairs, Indiana University; 
Jeffrey R. Holmstead, Esq., former EPA Assistant Administrator 
for Air and Radiation and current head of the Environmental 
Strategies Group at Bracewell & Giuliani LLP; Dr. Harold 
Furchtgott-Roth, Ph.D., former Commissioner of the Federal 
Communications Commission; and, Sally Katzen, Visiting 
Professor, New York University School of Law and Senior 
Advisor, Podesta Group.

Hearing on Formal Rulemaking and Judicial Review: Protecting Jobs and 
        the Economy with Greater Regulatory Transparency and 
        Accountability (Serial No. 112-  )

    The Subcommittee held a hearing on May 31, 2011, to examine 
whether to increase the transparency and effectiveness of 
rulemaking procedures through the increased use of formal 
rulemaking. The Subcommittee also examined whether courts are 
able to hold agencies sufficiently accountable for their 
rulemaking decisions under existing standards of judicial 
review. The Subcommittee heard testimony on these subjects from 
Edward W. Warren, P.C., Environmental Practice Group, Kirkland 
& Ellis LLP; Noel J. Francisco, Esq., Government Regulation 
Practice Group, Jones Day LLP; and, Professor Matthew 
Stephenson, Harvard Law School.
       SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY\1\
---------------------------------------------------------------------------

    \1\Subcommittee chairmanship and assignments approved January 19, 
2011.
---------------------------------------------------------------------------

   F. JAMES SENSENBRENNER, Jr., 
        Wisconsin, Chairman
    LOUIE GOHMERT, Texas, Vice-
             Chairman

ROBERT C. ``BOBBY'' SCOTT, Virginia  BOB GOODLATTE, Virginia
STEVE COHEN, Tennessee               DANIEL E. LUNGREN, California
HENRY C. ``HANK'' JOHNSON, Jr., Georgia RANDY FORBES, Virginia
PEDRO R. PIERLUISI, Puerto Rico      TED POE, Texas
JUDY CHU, California                 JASON CHAFFETZ, Utah
TED DEUTCH, Florida                  TIM GRIFFIN, Arkansas
SHEILA JACKSON LEE, Texas            TOM MARINO, Pennsylvania
MIKE QUIGLEY, Illinois               TREY GOWDY, South Carolina
Vacancy                              SANDY ADAMS, Florida
                                     BEN QUAYLE, Arizona

          Tabulation of subcommittee legislation and activity

Legislation referred to the Subcommittee.........................    74
Legislation on which hearings were held..........................     0
Legislation reported favorably to the full Committee.............     0
Legislation reported adversely to the full Committee.............     0
Legislation reported without recommendation to the full Committee     0
Legislation reported as original measure to the full Committee...     0
Legislation discharged from the Subcommittee.....................     2
Legislation pending before the full Committee....................     0
Legislation reported to the House................................     2
Legislation discharged from the Committee........................     0
Legislation pending in the House.................................     0
Legislation passed by the House (including suspensions)..........     3
Legislation pending in the Senate................................     2
Legislation vetoed by the President (not overridden).............     0
Legislation enacted into Public Law..............................     1
Legislation enacted into Public Law as part of other legislation.     0
Days of legislative hearings.....................................     0
Days of oversight hearings.......................................     7

                    Jurisdiction of the Subcommittee

    The Subcommittee on Crime, Terrorism, and Homeland Security 
has jurisdiction over: Federal Criminal Code, drug enforcement, 
sentencing, parole and pardons, internal and homeland security, 
Federal Rules of Criminal Procedure, prisons, criminal law 
enforcement, and other appropriate matters as referred by the 
Chairman, and relevant oversight.

                         Legislative Activities


H.R. 347, the ``Federal Restricted Buildings and Grounds Improvement 
        Act of 2011''

    Summary.--H.R. 347 amends the federal criminal code to 
revise the prohibition against entering restricted federal 
buildings or grounds to impose criminal penalties on anyone who 
knowingly enters any restricted building or grounds without 
lawful authority. Defines ``restricted buildings or grounds'' 
as a posted, cordoned off, or otherwise restricted area of: (1) 
the White House or its grounds or the Vice President's official 
residence or its grounds, (2) a building or grounds where the 
President or other person protected by the Secret Service is or 
will be temporarily visiting, or (3) a building or grounds so 
restricted due to a special event of national significance.
    Legislative History.--On January 19, 2011, Representative 
Thomas Rooney introduced H.R. 347 which was referred to the 
Subcommittee on Crime. On January 26, 2011, the Full Committee 
considered and reported the bill by voice vote. The Committee 
filed the report to accompany H.R. 347 on February 11, 2011 as 
House Report 112-9. On February 28, 2011, the bill passed the 
House, as amended, under suspension by a roll call vote of 399 
yeas to 3 nays.

H.R. 386, the ``Securing Aircraft Cockpits Against Lasers Act of 2011''

    Summary.--Amends the federal criminal code to prohibit the 
aiming of the beam of a laser pointer at an aircraft or in its 
flight path and imposes a fine and/or prison term of up to five 
years.
    Legislative History.--Representative Dan Lungren introduced 
H.R. 386 on January 20, 2011. The bill was referred to the 
Subcommittee on Crime. On January 26, 2011, the Full Committee 
considered and reported the bill by voice vote. The bill was 
reported to the House on February 11, 2011 as House Report 112-
11, Part 1. On February 28, 2011, the bill passed the House, as 
amended, under suspension by voice vote.

H.R. 514, the ``FISA Sunsets Extension Act of 2011''

    Summary.--H.R. 514 would extend expiring provisions of the 
USA PATRIOT Improvement and Reauthorization Act of 2005 and 
Intelligence Reform and Terrorism Prevention Act of 2004 
relating to access to business records, individual terrorists 
as agents of foreign powers, and roving wiretaps until December 
8, 2011.
    Legislative History.--Representative James Sensenbrenner 
introduced H.R. 514 on January 26, 2011 and the bill was 
referred to the Subcommittee on Crime on February 7, 2011. 
During the House's consideration of H.R. 514 on February 8, 
2011, the measure failed to pass under suspension of the rules 
by a roll call vote of 277 yeas to 148 nays. The House 
considered the measure again on February 14, 2011 and H.R. 514 
passed the House by a roll call vote of 275 yeas to 144 nays. 
The House agreed to the Senate amendment on February 17, 2011 
by a roll call vote of 279 yeas to 143 nays. On February 25, 
2011, the President signed the measure into law as Public Law 
112-3.

H.R. 1800, the ``FISA Sunsets Reauthorization Act of 2011''

    Summary.--H.R. 1800 amends the USA PATRIOT Improvement and 
Reauthorization Act of 2005 to extend through 2017 a provision 
granting roving electronic surveillance authority. H.R. 1800 
also amends the Intelligence Reform and Terrorism Prevention 
Act of 2004 to make permanent a provision revising the 
definition of an ``agent of a foreign power'' to include any 
non-U.S. person who engages in international terrorism or 
preparatory activities (``lone wolf'' provision).
    Legislative History.--H.R. 1800 was introduced on May 6, 
2011 by Representative James Sensenbrenner. The Full Committee 
considered the bill on May 12, 2011 and reported the bill 
favorably by a roll call vote of 22 yeas to 13 nays. The report 
to accompany the bill was filed on May 18, 2011 as House Report 
112-79, Part I. The Senate companion bill S. 990, the ``PATRIOT 
Sunsets Extension Act of 2011'' passed through the House on May 
26, 2011 with a vote of 250 yeas to 153 nays. That version 
extended the two authorities and the ``lone wolf'' provision 
through June 1, 2015. It was signed by the President and became 
Public Law 112-14 on May 26, 2011.

                          Oversight Activities


Hearing on Data Retention as a Tool for Investigating Internet Child 
        Pornography and Other Internet Crimes (Serial No. 112-3)

    On January 25, 2011, the Subcommittee convened a hearing to 
examine the need for retention of certain data by Internet 
Service Providers to facilitate law enforcement investigations 
of Internet child pornography and other Internet crimes. 
Testimony was received from Jason M. Weinstein, Deputy 
Assistant Attorney General at the U.S. Department of Justice; 
Chief John M. Douglass of the International Association of 
Chiefs of Police; Kate Dean, Executive Director for the United 
States Internet Services Provider Association; and, John B. 
Morris, Jr., General Counsel at the Center for Democracy and 
Technology.

Hearing on the Reauthorization of the Adam Walsh Act (Serial No. 112-
        12)

    The Subcommittee convened a hearing on February 15, 2011 to 
receive testimony on the Adam Walsh Act, of which, certain 
provisions are due to expire this Congress. The purpose of this 
hearing was to gather information on the status of the state 
implementation of the Sex Offender Registration and 
Notification Act (SORNA); the accomplishments of the Department 
of Justice components, including the U.S. Marshals Service and 
the Sex Offender Sentencing, Monitoring, Apprehending, 
Registering, and Tracking (SMART) Office, in implementing the 
other mandates of the Adam Walsh Act; and whether technical or 
other changes should be made to the bill at the time of its 
reauthorization. Testimony was received from Dawn Doran, Deputy 
Director of the Sex Offender Sentencing, Monitoring, 
Apprehending, Registering, and Tracking (SMART) Office at the 
U.S. Department of Justice; Stacia A. Hylton, Director of the 
U.S. Marshals Service at the U.S. Department of Justice; Ernie 
Allen, President and CEO of the National Center for Missing and 
Exploited Children; and, Representative Patricia Colloton of 
the Kansas House of Representatives.

Hearing on Going Dark: Lawful Electronic Surveillance in the Face of 
        New Technologies (Serial No. 112-  )

    At a hearing on February 17, 2011, the Subcommittee heard 
from three witnesses: Valeria E. Caproni, General Counsel at 
the Federal Bureau of Investigation; Chief Mark A. Marshall, 
President of the International Association of Chiefs of Police; 
and, Dr. Susan Landau, from the Radcliffe Institute for Advance 
Study at Harvard University. The purpose of this hearing was to 
examine the gap that exists between legal authorities and 
technological abilities. Specifically, the challenge faced by 
law enforcement agencies when they seek to implement court 
ordered electronic surveillance on new communication 
technologies. These lawful attempts at surveillance are often 
frustrated by these new technologies. A central focus of the 
hearing was an examination of the Communications Assistance for 
Law Enforcement Act (CALEA).

Hearing on the Reauthorization of the PATRIOT Act (Serial No. 112-14)

    On March 9, 2011, the Subcommittee convened a hearing to 
review the use of, and the need for, the three provisions of 
the USA PATRIOT Act set to expire on May 27, 2011. These three 
provisions included Section 215 FISA Business Records, Section 
206 Roving Wiretap authority, and the lone wolf definition. The 
Subcommittee heard testimony from Todd Hinnen, the Acting 
Assistant Attorney General at the National Security Division of 
the Department of Justice; Robert Litt, General Counsel at the 
Office of Director of National Intelligence; Nathan Sales, 
Assistant Professor of Law at George Mason University; and, 
Julian Sanchez, Research Fellow at the Cato Institute.

Hearing on the Permanent Provisions of the PATRIOT Act (Serial No. 112-
        15)

    The Subcommittee continued its oversight of the USA PATRIOT 
Act with a hearing on March 30, 2011. This hearing focused on 
reviewing the permanent provisions of the USA PATRIOT Act, 
including National Security Letters, delayed-notice search 
authority, and other provisions. Testimony was received from 
Todd Hinnen, the Acting Assistant Attorney General at the 
National Security Division of the Department of Justice; 
Kenneth L. Wainstein, Partner at O'Melveny & Myers LLP; and, 
Mike German, the National Security Policy Counsel at the 
American Civil Liberties Union.

Hearing on Justice for America: Using Military Commissions to Try the 
        9/11 Conspirators (Serial No. 112-  )

    On April 5, 2011, the Subcommittee held a hearing to gather 
information on whether military commissions are preferable to 
Article III courts for the trial and convictions of Guantanamo 
detainees; the differences between the two systems of justice 
when applied in a national security context, and the procedures 
used in selecting which detainee will be tracked through which 
system of justice. The Subcommittee heard testimony from David 
Beamer, father of Flight 93 passenger David Beamer; Charles 
``Cully'' Stimson, Senior Legal Fellow at The Heritage 
Foundation; Stephanie Hessler, a Fellow at the Manhattan 
Institute for Policy Research; and, Stephen Saltzburg, 
Professor of Law at George Washington University.

Hearing on The USA PATRIOT Act: Dispelling the Myths (Serial No. 112-  
        )

    The Subcommittee convened a hearing on May 11, 2011 to 
receive testimony from Patrick Rowan, Partner at McGuireWoods 
LLP; The Honorable Bob Barr, former Congressman from Georgia's 
7th District; Bruce Fein from the Campaign for Liberty; and, Ed 
Mullins, President of the Sergeant Benevolent Association of 
New York City. The purpose of this hearing was to clear up any 
misconceptions or myths about the constitutionality and use of 
Section 215 FISA Business Records, Section 206 Roving Wiretap 
authority, and the lone wolf definition.
         SUBCOMMITTEE ON IMMIGRATION POLICY AND ENFORCEMENT\1\
---------------------------------------------------------------------------

    \1\Subcommittee chairmanship and assignments approved January 19, 
2011.
---------------------------------------------------------------------------

   ELTON GALLEGLY, California, 
             Chairman
  STEVE KING, Iowa, Vice-Chairman

ZOE LOFGREN, California              DANIEL E. LUNGREN, California
SHEILA JACKSON LEE, Texas            LOUIE GOHMERT, Texas
MAXINE WATERS, California            TED POE, Texas
PEDRO R. PIERLUISI, Puerto Rico      TREY GOWDY, South Carolina
                                     DENNIS ROSS, Florida

          Tabulation of subcommittee legislation and activity

Public:
    Legislation referred to the Subcommittee.....................    56
    Legislation on which hearings were held......................     3
    Legislation reported favorably to the full Committee.........     0
    Legislation reported adversely to the full Committee.........     0
    Legislation reported without recommendation to the full 
      Committee..................................................     0
    Legislation reported as original measure to the full 
      Committee..................................................     0
    Legislation discharged from the Subcommittee.................     1
    Legislation pending before the full Committee................     0
    Legislation reported to the House............................     0
    Legislation discharged from the Committee....................     0
    Legislation pending in the House.............................     0
    Legislation passed by the House..............................     0
    Legislation pending in the Senate............................     0
    Legislation vetoed by the President (not overridden).........     0
    Legislation enacted into Public Law..........................     0
    Legislation enacted into Public Law as part of other 
      legislation................................................     0
    Days of legislative hearings.................................     3
    Days of oversight hearings...................................     6
Private:
    Claims:
        Legislation referred to the Subcommittee.................     0
        Legislation on which hearings were held..................     0
        Legislation reported favorably to the full Committee.....     0
        Legislation pending before the full Committee............     0
        Legislation reported to the House........................     0
        Legislation discharged from the Committee................     0
        Legislation pending in the House.........................     0
        Legislation passed by the House..........................     0
        Legislation pending in the Senate........................     0
        Legislation enacted into Private Law.....................     0
    Immigration:
        Legislation referred to the Subcommittee.................    24
        Legislation on which hearings were held..................     0
        Legislation reported favorably to the full Committee.....     0
        Legislation pending before the full Committee............     0
        Legislation reported to the House........................     0
        Legislation discharged from the Committee................     0
        Legislation pending in the House.........................     0
        Legislation passed by the House..........................     0
        Legislation pending in the Senate........................     0
        Legislation enacted into Private Law.....................     0

                    Jurisdiction of the Subcommittee

    The Subcommittee on Immigration Policy and Enforcement 
shall have jurisdiction over the following subject matters: 
immigration and naturalization, border security, admission of 
refugees, treaties, conventions and international agreements, 
claims against the United States, Federal charters of 
incorporation, private immigration and claims bills, non-border 
enforcement, other appropriate matters as referred by the 
Chairman, and relevant oversight.

                          Legislative Activity


H.R. 398, To amend the Immigration and Nationality Act to toll, during 
        active-duty service abroad in the Armed Forces, the periods of 
        time to file a petition and appear for an interview to remove 
        the conditional basis for permanent resident status, and for 
        other purposes

    Summary.--Representative Zoe Lofgren introduced H.R. 398. 
The legislation would amend the Immigration and Nationality Act 
to toll, during active-duty service abroad in the Armed Forces, 
the periods of time for an alien spouse or petitioning spouse 
to file a petition and appear for an interview to remove the 
conditional basis for permanent resident status.
    Legislative History.--The legislation was introduced on 
January 24, 2011. On January 26, 2011, the Committee met to 
consider H.R. 398. The bill was reportedly favorably without 
amendment by voice vote.

Hearing on H.R. 704, the ``SAFE for America Act'' (Serial No. 112-27)

    Summary.--H.R. 704 eliminates the diversity immigrant visa 
program.
    Legislative History.--H.R. 704 was introduced on February 
15, 2011 by Representative Bob Goodlatte, and referred to the 
Subcommittee on Immigration on February 28, 2011. At a April 5, 
2011 subcommittee hearing on the legislation, testimony was 
received from the Honorable Bob Goodlatte (VA-6); Tony Edson, 
former Deputy Assistant Secretary of State for Visa Services; 
Janice Kephart, Director of National Security Policy at the 
Center for Immigration Studies and Ambassador; and, Johnny 
Young, Executive Director of Migration and Refugee Services of 
the U.S. Conference of Catholic Bishops.

Hearing on H.R. 1741, the ``Secure Visas Act'' (Serial No. 112-  )

    Summary.--H.R. 1741 provides for the placement of 
Department of Homeland Security visa security units at 
specified U.S. consular posts overseas and eliminates judicial 
review of removal proceedings based upon visa revocations.
    Legislative History.--H.R. 1741 was introduced on May 5, 
2011, by Committee Chairman Lamar Smith and referred to the 
Subcommittee on Immigration on May 6, 2011. On May 11, 2011, 
the Subcommittee held a hearing on H.R. 1741 and received 
testimony from Gary Cote, Acting Deputy Assistant Director for 
the Office of International Affairs at Immigration and Customs 
Enforcement, Department of Homeland Security; David T. Donahue, 
Deputy Assistant Secretary for Visa Services at the Bureau of 
Consular Affairs, State Department; Janice Kephart, Director of 
National Security Policy at the Center for Immigration; and, 
Edward (Ted) Allen, Bernard L. Schwartz Senior Fellow at the 
Council on Foreign Relations.

Hearing on H.R.1932, the ``Keep Our Communities Safe Act of 2011'' 
        (Serial No. 112-  )

    Summary.--H.R. 1932 provides U.S. Immigration and Customs 
Enforcement with the ability to detain beyond the removal 
period certain immigrants considered dangerous who have been 
ordered removed but who cannot be removed; it also makes a 
number of statutory changes regarding the detention of 
immigrants before and during removal proceedings.
    Legislative History.--H.R. 1932 was introduced on May 23, 
2011, by Committee Chairman Lamar Smith and referred to the 
Subcommittee on Immigration on May 23, 2011. On May 24, 2011, 
the Subcommittee held a hearing on H.R. 1932 and received 
testimony from Gary Mead, Executive Associate Director for 
Enforcement and Removal Operations, U.S. Immigration and 
Customs Enforcement, Department of Homeland Security; Thomas 
Dupree, Partner, Gibson Dunn & Crutcher; Police Chief Douglas 
Baker, Tampa, Florida Police Department; and, Ahilan 
Arulanantham, Deputy Legal Director, American Civil Liberties 
Union of Southern California.

                          Oversight Activities


Hearing on ICE Worksite Enforcement--Up to the Job? (Serial No. 112-2)

    On January 26, 2011, the Subcommittee held a hearing on the 
level and focus of U.S. Immigration and Customs Enforcement's 
enforcement of the laws prohibiting the employment of 
unauthorized workers. The Subcommittee received testimony from 
Kumar Kibble, Deputy Director at U.S. Immigration and Customs 
Enforcement, Department of Homeland Security; Mark Krikorian, 
Executive Director at Center for Immigration Studies, Michael 
Cutler; and, Daniel Griswold, Director, Center for Trade Policy 
Studies at Cato Institute.

Hearing on E-Verify--Preserving Jobs for American Workers (Serial No. 
        112-4)

    On February 10, 2011, the Subcommittee held a hearing on 
the operations of the E-Verify program to verify the employment 
eligibility of workers. The Subcommittee received testimony 
from Theresa Bertucci, Associate Director, Enterprise Services 
Directorate, U.S. Citizenship and Immigration Services; and, 
Richard M. Stana, Director of Homeland Security and Justice 
Issues, U.S. Government Accountability Office.

Hearing on Making Immigration Work for American Minorities (Serial No. 
        112-10)

    On March 1, 2011, the Subcommittee held a hearing on the 
impact of low-skilled immigration on American minority groups. 
The Subcommittee received testimony from Dr. Carol M. Swain, 
Professor of Political Science and Law at Vanderbilt University 
Law School; Frank Morris, former Executive Director of the 
Congressional Black Caucus and Board member of Progressives for 
Immigration Reform; George Rodriguez, President of San Antonio 
Tea Party; and, Wade Henderson, President and CEO of the 
Leadership Conference on Civil and Human Rights.

Hearing on New Jobs in Recession and Recovery: Who Are Getting Them and 
        Who Are Not (Serial No. 112-11)

    On March 10, 2011, the Subcommittee held a hearing on a 
number of studies that found that all net new job creation has 
gone to immigrant workers. The Subcommittee received testimony 
from Steven Camarota, Ph.D, Director of Research, Center for 
Immigration Studies; Rakesh Kochhar, Ph.D, Associate Director 
for Research, Pew Hispanic Center; Greg Serbon, State Director, 
Indiana Federation for Immigration Reform and Enforcement; and, 
Heidi Shierholz, Ph.D, Economist, Economic Policy Institute.

Hearing on H-1B Visas: Designing a Program to Meet the Needs of the 
        U.S. Economy and U.S. Workers (Serial No. 112-23)

    On March 31, 2011, the Subcommittee held a hearing on the 
H-1B temporary visa program for specialty occupation workers to 
study concerns of employers, H-1B workers and affected American 
workers regarding the operation of the program. The 
Subcommittee received testimony from Donald Neufeld, Associate 
Director of Service Center Operations, U.S. Citizenship and 
Immigration Services; Bo Cooper, Partner, Berry Appleman & 
Leiden LLP; Ron Hira, Ph.D, Associate Professor of Public 
Policy, Rochester Institute of Technology; and, Bruce A. 
Morrison, Chairman, Morrison Public Affairs Group.

Hearing on the H-2A Visa Program: Meeting the Growing Needs of American 
        Agriculture? (Serial No. 112-28)

    On April 13, 2001, the Subcommittee held a hearing on the 
H-2A temporary visa program for seasonal farm workers to study 
concerns of growers, H-2A workers and affected American workers 
regarding the operation of the program. The Subcommittee 
received testimony from Jane Oates, Assistant Secretary for 
Employment and Training, U.S. Department of Labor; Leon R. 
Sequeira, Of Counsel, Seyfarth Shaw LLP; Lee Wicker, Deputy 
Director, North Carolina Growers Association; and, Bruce 
Goldstein, President, Farmworker Justice.
 SUBCOMMITTEE ON INTELLECTUAL PROPERTY, COMPETITION, AND THE INTERNET 
                                  \1\
---------------------------------------------------------------------------

    \1\Subcommittee chairmanship and assignments approved January 19, 
2011.
---------------------------------------------------------------------------

 BOB GOODLATTE, Virginia, Chairman
BEN QUAYLE, Arizona, Vice-Chairman

MELVIN L. WATT, North Carolina       F. JAMES SENSENBRENNER, Jr., 
JOHN CONYERS, Jr., Michigan          Wisconsin
HOWARD L. BERMAN, California         HOWARD COBLE, North Carolina
JUDY CHU, California                 STEVE CHABOT, Ohio
TED DEUTCH, Florida                  DARRELL E. ISSA, California
LINDA T. SANCHEZ, California         MIKE PENCE, Indiana
JERROLD NADLER, New York             JIM JORDAN, Ohio
ZOE LOFGREN, California              TED POE, Texas
SHEILA JACKSON LEE, Texas            JASON CHAFFETZ, Utah
MAXINE WATERS, California            TIM GRIFFIN, Arkansas
Vacancy                              TOM MARINO, Pennsylvania
                                     SANDY ADAMS, Florida
                                     Vacancy

          Tabulation of subcommittee legislation and activity

Public:
    Legislation referred to the Subcommittee.....................    10
    Legislation on which hearings were held......................     1
    Legislation reported favorably to the full Committee.........     0
    Legislation reported adversely to the full Committee.........     0
    Legislation reported without recommendation to the full 
      Committee..................................................     0
    Legislation reported as original measure to the full 
      Committee..................................................     0
    Legislation discharged from the Subcommittee.................     1
    Legislation pending before the full Committee................     0
    Legislation reported to the House............................     1
    Legislation discharged from the Committee....................     0
    Legislation pending in the House.............................     0
    Legislation passed by the House..............................     0
    Legislation pending in the Senate............................     0
    Legislation vetoed by the President (not overridden).........     0
    Legislation enacted into Public Law..........................     0
    Legislation enacted into Public Law as part of other 
      legislation................................................     0
    Days of legislative hearings.................................     1
    Days of oversight hearings...................................    13

                    Jurisdiction of the Subcommittee

    The Subcommittee on Intellectual Property, Competition, and 
the Internet shall have jurisdiction over the following subject 
matters: copyright, patent, trademark law, information 
technology, antitrust matters, other appropriate matters as 
referred by the Chairman, and relevant oversight.

                          Legislative Activity


Hearing on H.R. 1249, the ``America Invents Act'' (Serial No. 112-)

    Summary.--H.R. 1249 increases funding for the U.S. Patent 
and Trademark Office, authorizes the agency to grant patents 
under first-inventor-to-file system, and makes other 
improvements to the Patent Act.
    Legislative History.--Committee Chairman Lamar Smith 
introduced H.R. 1249 on March 30, 2011. The Subcommittee held a 
hearing on the bill the same day, during which the following 
witnesses testified: the Honorable David Kappos, Under 
Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office; the Honorable 
Steve Bartlett, former Member of Congress and President and CEO 
of The Financial Services Roundtable; Steven W. Miller, Vice 
President and General Counsel for Intellectual Property, 
Procter & Gamble Company; Mark Chandler, Senior Vice President, 
General Counsel, and Secretary, Cisco Systems, Inc.; and, John 
Vaughn, Executive Vice President, Association of American 
Universities.
    The Full Committee marked up H.R. 1249 on April 14, 2011 
and reported the bill as amended by a roll call of 32 yeas to 3 
nays. The Full Committee reported the bill, as amended, to the 
House on June 1, 2011 as House Report 112-98, Part I. The bill 
was placed on the Union Calendar, Calendar No. 54, on the same 
day.

                          Oversight Activities


Hearing on How an Improved U.S. Patent and Trademark Office Can Create 
        Jobs (Serial No. 112-6)

    On January 25, 2011, the Subcommittee held a hearing on the 
operations of the U.S. Patent and Trademark Office. The 
Subcommittee heard witness testimony from the Honorable David 
J. Kappos, Undersecretary of Commerce for Intellectual Property 
and Director of the U.S. Patent and Trademark Office; Douglas 
K. Norman, President, Board of Directors, Intellectual Property 
Owners Association; and Robert J. Shapiro, Chairman and Co-
Founder, Sonecon LLC.

Hearing on Crossing the Finish Line on Patent Reform--What Can and 
        Should be Done (Serial No. 112-8)

    The Subcommittee met on February 11, 2011, to receive 
testimony from David Simon, Associate General Counsel, 
Intellectual Property Policy, Intel Corporation, on behalf of 
the Coalition for Patent Fairness; Carl Horton, Chief 
Intellectual Property Counsel, General Electric, on behalf of 
the Coalition for 21st Century Patent Reform; and the Honorable 
Paul Michel, former Chief Judge, U.S. Court of Appeals for the 
Federal Circuit. The Subcommittee inquired into the financial 
impacts of the failures of the patent system, solutions for 
proper funding, and other substantive changes to the patent 
system to enhance patent quality.

Hearing on Ensuring Competition on the Internet: Net Neutrality and 
        Antitrust (Serial No. 112-13)

    A hearing was held on February 15, 2011, to examine the 
approach taken by the FCC in regulating competition on the 
Internet. The Subcommittee questioned the usefulness and 
function of having an administrative body pass judgment on 
whether behavior was reasonable in the face of anticompetitive 
concerns. Considerations toward the role that the government 
should play in the process of deciding anticompetitive behavior 
were further refined, with emphasis placed on the courts, not 
administrative bodies, in deciding what constitutes 
anticompetitive behavior.
    Testimony was heard from Larry Downes, Senior Adjunct 
Fellow, TechFreedom; Laurence Brett (``Brett'') Glass, Owner 
and Founder, LARIAT; and, Gigi B. Sohn, President and Co-
Founder, Public Knowledge.

Hearing on Oversight of the Office of the U.S. Intellectual Property 
        Enforcement Coordinator (Serial No. 112-  )

    On March 1, 2011, testimony was heard from Victoria 
Espinel, Intellectual Property Enforcement Coordinator. She 
discussed the Administration's goals and strategies regarding 
intellectual property enforcement. These include curtailing the 
introduction of counterfeit goods into our military and 
national marketplace, public transparency, coordination in law 
enforcement, and international cooperation and outreach.

Hearing on Driving American Innovation: Creating Jobs and Boosting our 
        Economy (Serial No. 112-19)

    The Subcommittee held a hearing on March 9, 2011, to 
examine how our nation's intellectual property laws encourage 
innovation and how innovation creates jobs and spurs economic 
growth. Witness testimony supported the strong role of 
intellectual property in our daily lives and in the different 
sectors of technology-related industries.
    Witness testimony was heard from Anthony Atala, M.D., 
Director of Wake Forest Institute for Regenerative Medicine, 
W.H. Boyce Professor and Chair, Department of Urology, Wake 
Forest University School of Medicine; Michael S. Fulkerson, 
Ph.D., Chief Technology Officer, Rosetta Stone, Inc.; and, 
Scott Smith, Ph.D., Professor and Chair, Department of 
Mechanical Engineering and Engineering Science, University of 
North Carolina at Charlotte.

Hearing on Review of Recent Judicial Decisions on Patent Law (Serial 
        No. 112-20)

    On March 10, 2011, the Subcommittee held a hearing to 
discuss and examine recent Supreme Court and other federal 
judicial decisions regarding patent law, including the ways in 
which the courts have dealt with the correction of abuses 
within the patent system. The Subcommittee also heard 
suggestions from witnesses regarding the proper role of 
Congress in managing patent reform, and what should or should 
not be done by Congress in order to appropriately act with 
regards to the costs and the benefits of any changes in patent 
reform.
    The Subcommittee heard testimony from Dan L. Burk, 
Chancellor's Professor of Law, University of California, 
Irvine, School of Law; Andrew J. Pincus, Partner, Mayer Brown 
LLP; and, Dennis Crouch, Associate Professor of Law, University 
of Missouri School of Law.

Hearing on Promoting Investment and Protecting Commerce Online: 
        Legitimate Sites v. Parasites, Part I and Part II (Serial No. 
        112-  )

    On March 14, 2011, the Subcommittee met to receive 
testimony from Maria A. Pallante, Acting Register of 
Copyrights, U.S. Copyright Office; David Sohn, Senior Policy 
Counsel, Center for Democracy and Technology; Daniel Castro, 
Senior Analyst, Information Technology and Innovation 
Foundation; and, Frederick Huntsberry, Chief Operating Officer, 
Paramount Pictures. The hearing focused on differentiating 
between legitimate websites that operate within the confines of 
the law and rogue websites that promote theft and weaken the 
industries that rely on intellectual property and related 
investments. The Subcommittee raised questions about how best 
to cooperate with international jurisdictions to identify and 
shut down rogue websites.
    The Subcommittee convened a second hearing on this issue on 
April 6, 2011. The Subcommittee received witness testimony from 
the Honorable John Morton, Director, U.S. Immigration and 
Customs Enforcement; Floyd Abrams, Partner, Cahill Gordon & 
Reindel LLP; Kent Walker, Senior Vice President and General 
Counsel, Google; and, Christine Jones, Executive Vice President 
and General Counsel, Go Daddy Group.

Hearing on Competition and Consolidation in Financial Markets (Serial 
        No. 112-24)

    The Subcommittee convened this hearing on April 1, 2011. 
Testimony was heard from Lawrence E. Harris, Fred V. Keenan 
Chair in Finance, Professor of Finance and Business Economics, 
Marshall School of Business, University of Southern California; 
and, Mercer E. Bullard, Associate Professor of Law, the 
University of Mississippi School of Law. The hearing centered 
on anticompetitive considerations in the purchase of New York 
Stock Exchange Euronext by either Deutsche Borse or a joint 
purchase by NASDAQ, OMX and the IntercontinentalExchange. The 
Subcommittee discussed the importance of the links among the 
groups involved in global finance and how a proposed merger 
between NYSE Euronext and another global finance company would 
affect the global finance markets.

Hearing on ICANN Generic Top-Level Domains (gTLD) (Serial No. 112-  )

    On May 4, 2011, the Subcommittee met to discuss a proposal 
by the Internet Corporation for Assigned Names and Numbers, the 
non-profit company that oversees domain names on the Internet, 
to expand Generic Top-Level Domains. The proposal would create 
significantly more revenue for ICANN, possibilities for new 
businesses to manage the new gTLDs, and more options for 
registrars to sell domain names to consumers. The Subcommittee 
also discussed the need to protect the rights of trademark 
holders in a way that does not promote fraud, consumer 
confusion, and intellectual property theft. There were also 
inquiries into other entities seeking this expansion, and the 
necessity of the proposal as a whole.
    The Subcommittee heard witness testimony from Kurt Pritz, 
Senior Vice President, Stakeholder Relations, ICANN; Mei-Lan 
Stark, Senior Vice President, Intellectual Property, Fox Group 
Legal and Treasurer, International Trademark Association; 
Michael Palage, President and CEO, Pharos Global; Steve 
Delbianco, Executive Director, Netchoice; and, Joshua Bourne, 
President, Coalition Against Domain Name Abuse.

Hearing on Ensuring Competition on the Internet: Net Neutrality and 
        Antitrust (Serial No. 112-  )

    Testimony was heard from the Honorable Julius Genachowski, 
Chairman, Federal Communications Commission; and the Honorable 
Robert McDowell, Commissioner, Federal Communications 
Commission, at the Subcommittee hearing on May 5, 2011. This 
was the second part of the hearing the Subcommittee held on 
February 15, 2011. The purpose of this hearing was to further 
discuss the FCC's Open Internet Order, the FCC's authority to 
create such an order, and its affect on Internet competition 
and innovation. The Subcommittee also discussed actions taken 
by Congress since the February 15 hearing, including the 
passage of House Joint Resolution 37, disapproving of the Open 
Internet Order pursuant to the Congressional Review Act.

Hearing on Cybersecurity: Innovative Solutions to Challenging Problems 
        (Serial No. 112-  )

    On May 25, 2011, the Subcommittee met to hear witness 
testimony from James A. Baker, Associate Deputy Attorney 
General, U.S. Department of Justice; Greg Schaffer, Assistant 
Secretary, Cybersecurity and Communications, U.S. Department of 
Homeland Security; Ari Schwartz, Senior Internet Policy 
Advisor, National Institute of Standards and Technology, U.S. 
Department of Commerce; Robert W. Holleyman, President & CEO, 
Business Software Alliance; Leigh Williams, BITS President, 
Financial Services Roundtable; and, Leslie Harris, President 
and CEO, Center for Democracy & Technology.
    The hearing focused on weighing considerations of proposed 
legislation that would classify certain industries, such as 
energy and finance, as critical infrastructure, and mandate 
companies in those industries to adhere to a cybersecurity 
standard of protection against hackers and other cyber attacks 
for their online servers that store private and personal 
information. The proposed legislation also would mandate 
disclosure of successful cyber attacks of businesses where 
significant public harm would be deemed to have occurred, 
depending on the size of the business and number of persons 
involved in the storage of personal information.

Hearing on How Will the Proposed Merger Between AT&T and T-Mobile 
        Affect Wireless Telecommunications Competition? (Serial No. 
        112-  )

    The Subcommittee convened a hearing on May 26, 2011, to 
examine the proposed merger between AT&T and T-Mobile. 
Testimony was received from Randall Stephenson, Chairman, Chief 
Executive Officer and President, AT&T, Inc.; Rene Obermann, 
CEO, Deutsche Telekom AG; Steven K. Berry, President and CEO, 
Rural Cellular Association; Parul P. Desai, Communications 
Policy Counsel, Consumers Union; Joshua Wright, George Mason 
University School of Law; and, Andrew I. Gavil, Howard 
University School of Law.
    The Subcommittee discussed anticompetitive considerations 
in the cellular telephone market for remaining carriers 
subsequent to the proposed merger. Inquiries were made into the 
advantages for AT&T for the merger and T-Mobile's need for the 
merger.

Hearing on Promoting Investment and Protecting Commerce Online: The ART 
        Act, the NET Act and Illegal Streaming. (Serial No. 112-  )

    On June 1, 2011, the Subcommittee held a hearing to discuss 
the creation of legislation to supplement the aims of the ART 
Act and the NET Act and address the issue of illegal streaming, 
the newest form of technology used in piracy-related activities 
online. The Subcommittee raised questions about how best to 
protect sites like Netflix and others who presented a legal 
means for commercial viewing of copyrighted works, while 
simultaneously giving law enforcement agencies the tools they 
need to identify and shut down sites that willfully and 
knowingly engage in unlawful activities via online streaming of 
video.
    The Subcommittee heard witness testimony from the Honorable 
Maria Pallante, Acting Register, U.S. Copyright Office; Sandra 
Aistars, Executive Director, Copyright Alliance; and, Michael 
O'Leary, Executive Vice President, Motion Picture Association 
of America.

                                  
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