[House Report 112-352]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-352
_______________________________________________________________________

                                     

                                                 Union Calendar No. 237


                            ACTIVITY REPORT

                                 of the

                       COMMITTEE ON THE JUDICIARY

                                 of the

                 UNITED STATES HOUSE OF REPRESENTATIVES

                               during the

                      ONE HUNDRED TWELFTH CONGRESS

                             for the period

               JANUARY 5, 2011 THROUGH NOVEMBER 30, 2011




 December 29, 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, December 29, 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 November 30, 2011 of the 112th 
Congress.
            Sincerely,
                                               Lamar Smith,
                                                          Chairman.
                            C O N T E N T S

                              ----------                              
                                                                   Page
COMMITTEE MEMBERSHIP.............................................    VI
JURISDICTION OF THE COMMITTEE....................................     1
COMMITTEE LEGISLATIVE ACTIVITY...................................     3
Tabulation of Legislative Activity...............................     3
Printed Hearings.................................................     4
Activities Conducted Pursuant to Clauses 2(n), (o), or (p) of 
    House Rule XI................................................     6
Activities Conducted Pursuant to H. Res. 72......................     7
COMMITTEE OVERSIGHT PLAN.........................................     8
ACTIVITIES CONDUCTED PURSUANT TO COMMITTEE OVERSIGHT PLAN........    15
FULL COMMITTEE...................................................    17
Committee Jurisdiction...........................................    17
Full Committee Legislative Activities............................    17
Full Committee Oversight Activities..............................    30
SUBCOMMITTEE ON THE CONSTITUTION.................................    33
Jurisdiction of the Subcommittee.................................    33
Legislative Activities...........................................    33
Oversight Activities.............................................    35
Activities Conducted Pursuant to H. Res. 9.......................    36
SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW........    37
Jurisdiction of the Subcommittee.................................    37
Legislative Activities...........................................    37
Oversight Activities.............................................    40
SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY..........    45
Jurisdiction of the Subcommittee.................................    45
Legislative Activities...........................................    45
Oversight Activities.............................................    47
SUBCOMMITTEE ON IMMIGRATION POLICY AND ENFORCEMENT...............    51
Jurisdiction of the Subcommittee.................................    51
Legislative Activities...........................................    51
Oversight Activities.............................................    53
SUBCOMMITTEE ON INTELLECTUAL PROPERTY, COMPETITION, AND THE 
  INTERNET.......................................................    57
Jurisdiction of the Subcommittee.................................    57
Legislative Activity.............................................    57
Oversight Activities.............................................    58
                          COMMITTEE MEMBERSHIP
                      ONE HUNDRED TWELFTH CONGRESS
                     COMMITTEE ON THE JUDICIARY\1\

  LAMAR SMITH, Texas, Chairman\2\

JOHN CONYERS, Jr., Michigan\3\       F. JAMES SENSENBRENNER, Jr., 
HOWARD L. BERMAN, California         Wisconsin
JERROLD NADLER, New York             HOWARD COBLE, North Carolina
MELVIN L. WATT, North Carolina       ELTON GALLEGLY, California
ZOE LOFGREN, California              DANIEL E. LUNGREN, California
SHEILA JACKSON LEE, Texas            STEVE CHABOT, Ohio
MAXINE WATERS, California            DARRELL E. ISSA, California
STEVE COHEN, Tennessee               MIKE PENCE, Indiana
HENRY C. ``HANK'' JOHNSON, Jr., Georgia RANDY FORBES, Virginia
PEDRO R. PIERLUISI, Puerto Rico      STEVE KING, Iowa
MIKE QUIGLEY, Illinois               TRENT FRANKS, Arizona
JUDY CHU, California                 LOUIE GOHMERT, Texas
TED DEUTCH, Florida                  JIM JORDAN, Ohio
LINDA T. SANCHEZ, California         TED POE, Texas
JARED POLIS, Colorado\4\             JASON CHAFFETZ, Utah
                                     TIM GRIFFIN, Arkansas
                                     THOMAS MARINO, Pennsylvania
                                     TREY GOWDY, South Carolina
                                     DENNIS ROSS, Florida
                                     SANDY ADAMS, Florida
                                     BEN QUAYLE, Arizona
                                     MARK AMODEI, Nevada\5\

\1\Membership of Committee current through date of this Report. Except 
as otherwise provided in the notes, infra, Republican members were 
elected to the Committee pursuant to H. Res. 37, approved Jan. 18, 
2011; Democratic Members were elected to the Committee pursuant to H. 
Res. 39, approved Jan. 19, 2011.
\2\Elected to the Committee as chairman pursuant to H. Res. 6, approved 
Jan. 5, 2011.
\3\Elected to the Committee as ranking minority member pursuant to H. 
Res. 7, approved Jan. 6, 2011.
\4\Debbie Wasserman Schultz of Florida resigned from the Committee as 
of Sep. 15, 2011. The vacancy was filled by Jared Polis of Colorado 
pursuant to H. Res. 486, approved Dec. 7, 2011.
\5\Tom Reed of New York resigned from the Committee as of Apr. 5, 2011. 
The vacancy was filled by Mark Amodei of Nevada pursuant to H. Res. 
420, approved Oct. 4, 2011.


                                                 Union Calendar No. 237
112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-352

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



 
  ACTIVITY REPORT OF THE COMMITTEE ON THE JUDICIARY DURING THE 112TH 
                                CONGRESS

                                _______
                                

 December 29, 2011.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                     JURISDICTION OF THE COMMITTEE

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

                   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.

                   COMMITTEE LEGISLATIVE ACTIVITY\6\

---------------------------------------------------------------------------
    \6\Through Nov. 30, 2011.
---------------------------------------------------------------------------

                   Tabulation of Legislative Activity


               BILLS AND RESOLUTIONS REFERRED TO COMMITTEE

Public Legislation:
    House bills...............................................       506
    House joint resolutions...................................        62
    House concurrent resolutions..............................        10
    House resolutions.........................................        24
    Senate bills..............................................         4
    Senate joint resolutions..................................         0
    Senate concurrent resolutions.............................         1
                                                                  ______
        Subtotal..............................................       607

Private Legislation:
    House bills (claims)......................................         0
    House bills (copyrights)..................................         0
    House bills (immigration).................................        38
    House resolutions (claims)................................         2
    Senate bills (claims).....................................         0
    Senate bills (immigration)................................         0
                                                                  ______
        Subtotal..............................................        40
                        =================================================================
                        ________________________________________________
            Total.............................................       647

                                HEARINGS

Full Committee................................................         9
Subcommittee on the Constitution..............................        10
Subcommittee on Courts, Commercial and Administrative Law.....        17
Subcommittee on Crime, Terrorism, and Homeland Security.......        16
Subcommittee on Immigration Policy and Enforcement............        16
Subcommittee on Intellectual Property, Competition, and the 
    Internet..................................................        18
                        =================================================================
                        ________________________________________________
            Total.............................................        86

                     BILLS AND RESOLUTIONS MARKED UP

Full Committee................................................        43
Subcommittee on the Constitution..............................         0
Subcommittee on Courts, Commercial and Administrative Law.....         0
Subcommittee on Crime, Terrorism, and Homeland Security.......         0
Subcommittee on Immigration Policy and Enforcement............         2
Subcommittee on Intellectual Property, Competition, and the 
    Internet..................................................         0
                        =================================================================
                        ________________________________________________
            Total.............................................        45

                 BILLS AND RESOLUTIONS REPORTED TO HOUSE

House bills...................................................        36
House joint resolutions.......................................         2
House concurrent resolutions..................................         1
House resolutions.............................................         0
Senate bills and resolutions..................................         0
                        =================================================================
                        ________________________________________________
            Total.............................................        39

           BILLS AND RESOLUTIONS (REFERRED) PASSING THE HOUSE

House bills...................................................        32
House joint resolutions.......................................         0
House concurrent resolutions..................................         1
House resolutions.............................................         1
Senate bills and resolutions..................................         2
                        =================================================================
                        ________________________________________________
            Total.............................................        36

                              PUBLIC LAWS

    Pub. L. No. 112-3. FISA Sunsets Extension Act of 2011. [H.R. 514] 
(Signed Feb. 25, 2011)
    Pub. L. No. 112-14. PATRIOT Sunsets Extension Act of 2011. [S. 990] 
(Signed May 26, 2011)
    Pub. L. No 112-24. To extend the term of the incumbent Director of 
the Federal Bureau of Investigation. [S. 1103] (Signed July 26, 2011)
    Pub. L. No. 112-29. Leahy-Smith America Invents Act. [H.R. 1249] 
(Signed Sep. 16, 2011)
    Pub. L. No. 112-44. United States Parole Commission Extension Act 
of 2011. [H.R. 2944] (Signed Oct. 21, 2011)
    Pub. L. No. 112-51. Removal Clarification Act of 2011. [H.R. 368] 
(Signed Nov. 9, 2011)
    Pub. L. No. 112-58. 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 for an interview to remove the 
conditional basis for permanent resident status, and for other 
purposes. [H.R. 398] (Signed Nov. 23, 2011)
    Pub. L. No. 112-62. Appeal Time Clarification Act of 2011. [S. 
1637] (Signed Nov. 29, 2011)

                            Printed Hearings


----------------------------------------------------------------------------------------------------------------
                                                                                                         Serial
                  Date                              Hearing Title                      Forum             Number
----------------------------------------------------------------------------------------------------------------
Jan. 20, 2011...........................  Medical Liability Reform Cutting  Full Committee............     112-1
                                           Costs, Spurring Investment,
                                           Creating Jobs.
Jan. 24, 2011...........................  REINS Act--Promoting Jobs and     Subcommittee on Courts,        112-7
                                           Expanding Freedom by Reducing     Commercial and
                                           Needless Regulations.             Administrative Law.
Jan. 25, 2011...........................  How an Improved U.S. Patent and   Subcommittee on                112-6
                                           Trademark Office Can Create       Intellectual Property,
                                           Jobs.                             Competition, and the
                                                                             Internet.
Jan. 25, 2011...........................  Data Retention as a Tool for      Subcommittee on Crime,         112-3
                                           Investigating Internet Child      Terrorism, and Homeland
                                           Pornography and Other Internet    Security.
                                           Crimes.
Jan. 26, 2011...........................  ICE Worksite Enforcement--Up to   Subcommittee on                112-2
                                           the Job?.                         Immigration Policy and
                                                                             Enforcement.
Feb. 8, 2011............................  No Taxpayer Funding for Abortion  Subcommittee on the            112-9
                                           Act [H.R. 3].                     Constitution.
Feb. 10, 2011...........................  E-Verify: Preserving Jobs for     Subcommittee on                112-4
                                           American Workers.                 Immigration Policy and
                                                                             Enforcement.
Feb. 10, 2011...........................  Regulatory Flexibility            Subcommittee on Courts,       112-16
                                           Improvements Act of 2011--        Commercial and
                                           Unleashing Small Businesses to    Administrative Law.
                                           Create Jobs [H.R. 527].
Feb. 11, 2011...........................  Crossing the Finish Line on       Subcommittee on                112-8
                                           Patent Reform: What Can and       Intellectual Property,
                                           Should Be Done.                   Competition, and the
                                                                             Internet.
Feb. 14, 2011...........................  Role of Public Employee Pensions  Subcommittee on Courts,       112-25
                                           in Contributing to State          Commercial and
                                           Insolvency and the Possibility    Administrative Law.
                                           of a State Bankruptcy Chapter.
Feb. 15, 2011...........................  Reauthorization of the Adam       Subcommittee on Crime,        112-12
                                           Walsh Act.                        Terrorism, and Homeland
                                                                             Security.
Feb. 15, 2011...........................  Ensuring Competition on the       Subcommittee on               112-13
                                           Internet: Net Neutrality and      Intellectual Property,
                                           Antitrust.                        Competition, and the
                                                                             Internet.
Feb. 16, 2011...........................  Constitutionality of the          Full Committee............     112-5
                                           Individual Mandate.
Feb. 17, 2011...........................  Going Dark: Lawful Electronic     Subcommittee on Crime,        112-59
                                           Surveillance in the Face of New   Terrorism, and Homeland
                                           Technologies.                     Security.
Feb. 28, 2011...........................  APA at 65: Is Reform Needed to    Subcommittee on Courts,       112-17
                                           Create Jobs, Promote Economic     Commercial and
                                           Growth, and Reduce Costs?.        Administrative Law.
Mar. 1, 2011............................  Office of the U.S. Intellectual   Subcommittee on               112-33
                                           Property Enforcement              Intellectual Property,
                                           Coordinator.                      Competition, and the
                                                                             Internet.
Mar. 1, 2011............................  Making Immigration Work for       Subcommittee on               112-10
                                           American Minorities.              Immigration Policy and
                                                                             Enforcement.
Mar. 8, 2011............................  Regulations from the Executive    Subcommittee on Courts,       112-26
                                           in Need of Scrutiny Act of 2011   Commercial and
                                           [H.R. 10].                        Administrative Law.
Mar. 9, 2011............................  Reauthorization of the PATRIOT    Subcommittee on Crime,        112-14
                                           Act.                              Terrorism, and Homeland
                                                                             Security.
Mar. 9, 2011............................  Driving American Innovation:      Subcommittee on               112-19
                                           Creating Jobs and Boosting Our    Intellectual Property,
                                           Economy.                          Competition, and the
                                                                             Internet.
Mar. 10, 2011...........................  Review of Recent Judicial         Subcommittee on               112-20
                                           Decisions on Patent Law.          Intellectual Property,
                                                                             Competition, and the
                                                                             Internet.
Mar. 10, 2011...........................  New Jobs in Recession and         Subcommittee on               112-11
                                           Recovery: Who Are Getting Them    Immigration Policy and
                                           and Who Are Not.                  Enforcement.
Mar. 11, 2011...........................  Lawsuit Abuse Reduction Act       Subcommittee on the           112-18
                                           [H.R. 966].                       Constitution.
Mar. 15, 2011...........................  Wireless Tax Fairness Act of      Subcommittee on Courts,       112-22
                                           2011 [H.R. 1002].                 Commercial and
                                                                             Administrative Law.
Mar. 29, 2011...........................  Raising the Agencies' Grades--    Subcommittee on Courts,       112-34
                                           Protecting the Economy,           Commercial and
                                           Assuring Regulatory Quality and   Administrative Law.
                                           Improving Assessments of
                                           Regulatory Need.
Mar. 30, 2011...........................  Permanent Provisions of the       Subcommittee on Crime,        112-15
                                           PATRIOT Act.                      Terrorism, and Homeland
                                                                             Security.
Mar. 30, 2011...........................  America Invents Act [H.R. 1249].  Subcommittee on               112-35
                                                                             Intellectual Property,
                                                                             Competition, and the
                                                                             Internet.
Mar. 31, 2011...........................  H-1B Visas: Designing a Program   Subcommittee on               112-23
                                           to Meet the Needs of the U.S.     Immigration Policy and
                                           Economy and U.S. Workers.         Enforcement.
Apr. 1, 2011............................  Competition and Consolidation in  Subcommittee on               112-24
                                           Financial Markets.                Intellectual Property,
                                                                             Competition, and the
                                                                             Internet.
Apr. 5, 2011............................  Safe For America Act [H.R. 704].  Subcommittee on               112-27
                                                                             Immigration Policy and
                                                                             Enforcement.
Apr. 5, 2011............................  Justice for America: Using        Subcommittee on Crime,        112-29
                                           Military Commissions to Try the   Terrorism, and Homeland
                                           9/11 Conspirators.                Security.
Apr. 12, 2011...........................  Private Property Rights           Subcommittee on the           112-21
                                           Protection Act of 2011 [H.R.      Constitution.
                                           1433].
Apr. 13, 2011...........................  H-2A Visa Program: Meeting the    Subcommittee on               112-28
                                           Growing Needs of American         Immigration Policy and
                                           Agriculture.                      Enforcement.
Apr. 13, 2011...........................  Business Activity Tax             Subcommittee on Courts,     112-41 &
                                           Simplification Act of 2011        Commercial and               Errata
                                           [H.R. 1439].                      Administrative Law.
Apr. 15, 2011...........................  Defending Marriage..............  Subcommittee on the           112-36
                                                                             Constitution.
May 4, 2011.............................  Cost-Justifying Regulations:      Subcommittee on Courts,       112-48
                                           Protecting Jobs and the Economy   Commercial and
                                           by Presidential and Judicial      Administrative Law.
                                           Review of Costs and Benefits.
May 4, 2011.............................  ICANN Generic Top-Level Domains   Subcommittee on               112-37
                                           (gTLD).                           Intellectual Property,
                                                                             Competition, and the
                                                                             Internet.
May 5, 2011.............................  Ensuring Competition on the       Subcommittee on               112-40
                                           Internet: Net Neutrality and      Intellectual Property,
                                           Antitrust (Part II), FCC Panel.   Competition, and the
                                                                             Internet.
May 11, 2011............................  USA PATRIOT Act: Dispelling the   Subcommittee on Crime,        112-32
                                           Myths.                            Terrorism, and Homeland
                                                                             Security.
May 11, 2011............................  Secure Visas Act [H.R. 1741]....  Subcommittee on               112-39
                                                                             Immigration Policy and
                                                                             Enforcement.
May 13, 2011............................  Whether the Constitution Should   Subcommittee on the           112-30
                                           Be Amended to Address the         Constitution.
                                           Federal Deficit?.
May 24, 2011............................  Keep Our Communities Safe Act     Subcommittee on               112-43
                                           [H.R. 1932].                      Immigration Policy and
                                                                             Enforcement.
May 24, 2011............................  Can We Sue Our Way to             Subcommittee on the           112-31
                                           Prosperity?: Litigation's         Constitution.
                                           Effect on America's Global
                                           Competitiveness.
May 25, 2011............................  Mobile Workforce State Income     Subcommittee on Courts,       112-56
                                           Tax Simplification Act of 2011    Commercial and
                                           [H.R. 1864].                      Administrative Law.
May 25, 2011............................  Cybersecurity: Innovative         Subcommittee on               112-38
                                           Solutions to Challenging          Intellectual Property,
                                           Problems.                         Competition, and the
                                                                             Internet.
May 26, 2011............................  How Will the Proposed Merger      Subcommittee on               112-45
                                           Between AT&T and T-Mobile         Intellectual Property,
                                           Affect Wireless                   Competition, and the
                                           Telecommunications Competition?.  Internet.
May 31, 2011............................  Formal Rulemaking and Judicial    Subcommittee on Courts,       112-49
                                           Review: Protecting Jobs and the   Commercial and
                                           Economy with Greater Regulatory   Administrative Law.
                                           Transparency and Accountability.
June 1, 2011............................  U.S. Department of Justice Civil  Subcommittee on the           112-61
                                           Rights Division.                  Constitution.
June 13, 2011...........................  Competition and Consolidation in  Subcommittee on               112-42
                                           Financial Markets: the NYSE-      Intellectual Property,
                                           Deutsche Boerse Merger.           Competition, and the
                                                                             Internet.
June 14, 2011...........................  Foreign Corrupt Practices Act...  Subcommittee on Crime,        112-47
                                                                             Terrorism, and Homeland
                                                                             Security.
June 15, 2011...........................  Legal Workforce Act [H.R. 2164].  Subcommittee on               112-44
                                                                             Immigration Policy and
                                                                             Enforcement.
June 24, 2011...........................  See Something, Say Something Act  Subcommittee on the           112-55
                                           of 2011 [H.R. 963].               Constitution.
July 12, 2011...........................  Protecting Children from          Subcommittee on Crime,        112-60
                                           Internet Pornographers Act of     Terrorism, and Homeland
                                           2011 [H.R. 1981].                 Security.
July 15, 2011...........................  Innovative Design Protection and  Subcommittee on               112-46
                                           Piracy Prevention Act [H.R.       Intellectual Property,
                                           2511].                            Competition, and the
                                                                             Internet.
July 26, 2011...........................  Hinder the Administration's       Subcommittee on               112-50
                                           Legalization Temptation (HALT)    Immigration Policy and
                                           Act [H.R. 2497].                  Enforcement.
Sep. 8, 2011............................  American Specialty Agriculture    Subcommittee on               112-52
                                           Act [H.R. 2847].                  Immigration Policy and
                                                                             Enforcement.
Sep. 9, 2011............................  How Fraud and Abuse in the        Subcommittee on the           112-51
                                           Asbestos Compensation System      Constitution.
                                           Affect Victims, Jobs, the
                                           Economy, and the Legal System.
Sep. 13, 2011...........................  National Right-to-Carry           Subcommittee on Crime,        112-53
                                           Reciprocity Act of 2011 [H.R.     Terrorism, and Homeland
                                           822].                             Security.
Sep. 14, 2011...........................  Investor Visa System: Key to      Subcommittee on               112-54
                                           Creating American Jobs.           Immigration Policy and
                                                                             Enforcement.
Sep. 20, 2011...........................  The Proposed Merger Between       Subcommittee on               112-58
                                           Express Scripts and Medco.        Intellectual Property,
                                                                             Competition, and the
                                                                             Internet.
Oct. 4, 2011............................  A Balanced Budget Amendment to    Full Committee............    112-62
                                           the Constitution.
Oct. 5, 2011............................  ``Stem'' the Tide: Should         Subcommittee on               112-64
                                           America Try to Prevent an         Immigration Policy and
                                           Exodus of Foreign Graduates of    Enforcement.
                                           U.S. Universities with Advanced
                                           Science Degrees?.
Oct. 11, 2011...........................  Government Litigation Savings     Subcommittee on Courts,       112-57
                                           Act [H.R. 1996].                  Commercial and
                                                                             Administrative Law.
Oct. 26, 2011...........................  State of Religious Liberty in     Subcommittee on the           112-63
                                           the United States.                Constitution.
----------------------------------------------------------------------------------------------------------------


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

    Clause 2 of Rule XI of the House 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 later sections of 
this report:
     Hearing on the Federal Bureau of Investigation 
(Serial No. 112-  )
     Hearings on the United States Department of 
Justice (Serial Nos. 112-  )
     Hearing on Defending Marriage (Serial No. 112-36)
     Hearing on Oversight Hearing on the U.S. 
Department of Justice Civil Rights Division (Serial No. 112-61)
     Hearing on H.R. 10, the Regulations From the 
Executive in Need of Scrutiny Act of 2011 (Serial No. 112-26)
     Hearing on The REINS Act--Promoting Jobs and 
Expanding Freedom by Reducing Needless Regulations (Serial No. 
112-7)
     Hearing on The APA at 65--Is Reform Needed to 
Create Jobs, Promote Economic Growth and Reduce Costs? (Serial 
No. 112-17)
     Hearing on the Reauthorization of the PATRIOT Act 
(Serial No. 112-14)
     Hearing on the Permanent Provisions of the PATRIOT 
Act (Serial No. 112-15)
     Hearing on the USA PATRIOT Act: Dispelling the 
Myths (Serial No. 112-32)
     Hearing on Justice for America: Using Military 
Commissions to Try the 9/11 Conspirators (Serial No. 112-29)
     Hearing on ICE Worksite Enforcement--Up to the 
Job? (Serial No. 112-2)
     Hearing on E-Verify--Preserving Jobs for American 
Workers (Serial No. 112-4)
     Hearing on How an Improved U.S. Patent and 
Trademark Office Can Create Jobs (Serial No. 112-6)
     Hearing on Oversight of the Office of the U.S. 
Intellectual Property Enforcement Coordinator (Serial No. 112-
33)
     Hearing on Can We Sue Our Way to Prosperity?: 
Litigation's Effect on America's Global Competitiveness (Serial 
No. 112-31)
     Hearing on A Balanced Budget Amendment to the 
Constitution (Serial No. 112-62)
     Hearing on the U.S. Department of Justice Office 
of Justice Programs (Serial No. 112-  )

              Activities Conducted Pursuant to H. Res. 72

    H. Res. 72 charges 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:
     Hearing on The REINS Act--Promoting Jobs and 
Expanding Freedom by Reducing Needless Regulations (Serial No. 
112-7)
     Hearing on The APA at 65--Is Reform Needed to 
Create Jobs, Promote Economic Growth and Reduce Costs? (Serial 
No. 112-17)
     Hearing on Raising the Agencies' Grades: 
Protecting the Economy, Assuring Regulatory Quality and 
Improving Assessments of Regulatory Need (Serial No. 112-34)
     Hearing on Cost-Justifying Regulations: Protecting 
Jobs and the Economy by Presidential and Judicial Review of 
Costs and Benefits (Serial No. 112-48)
     Hearing on Formal Rulemaking and Judicial Review: 
Protecting Jobs and the Economy with Greater Regulatory 
Transparency and Accountability (Serial No. 112-49)
     Joint Hearing on: ``The Role of Social Security 
Administrative Law Judges'' (Serial No. 112-  )
     Committee Markup of H.R. 10, the Regulations From 
the Executive in Need of Scrutiny Act of 2011 (Oct. 27, 2011)
     Committee Markup of H.R. 527, the Regulatory 
Flexibility Improvements Act of 2011--Unleashing Small 
Businesses to Create Jobs (July 7, 2011)
     Hearing and Committee Markup of H.R. 1996, the 
Government Litigation Savings Act (Serial No. 112-57 and Nov. 
17, 2011, respectively)
     Committee Markup of H.R. 2480, Administrative 
Conference of the United States Reauthorization Act of 2011 
(Aug. 1, 2011)
     Hearing and Committee Consideration of H.R. 3010, 
the Regulatory Accountability Act (Serial No. 112- and Nov. 3, 
2011, respectively)
     Hearing on E-Verify--Preserving Jobs for American 
Workers (Serial No. 112-4)
     Hearing on the H-2A Visa Program: Meeting the 
Growing Needs of American Agriculture? (Serial No. 112-28)
     Hearing on How an Improved U.S. Patent and 
Trademark Office Can Create Jobs (Serial No. 112-6)
     Hearing on Crossing the Finish Line on Patent 
Reform--What Can and Should be Done (Serial No. 112-8)
     Hearing on Oversight of the Office of the U.S. 
Intellectual Property Enforcement Coordinator (Serial No. 112-
33)

                        COMMITTEE OVERSIGHT PLAN


                        Adopted 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.

Subcommittee 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 COMMITTEE OVERSIGHT PLAN

    The following hearings were held pursuant to the 
Committee's Oversight Plan. These hearings, as well as other 
hearings and markups of legislation, are described in more 
detail in a later section of this Report.

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-  )
    5. Hearing on the Department of Homeland Security (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 the U.S. Department of Justice Civil Rights 
Division (Serial No. 112-61)
    5. Hearing on Can We Sue Our Way to Prosperity?: 
Litigation's Effect on America's Global Competitiveness (Serial 
No. 112-31)
    6. Hearing on: Defending Marriage (Serial No. 112-36)
    7. Hearing on How Fraud and Abuse in the Asbestos 
Compensation System Affect Victims, Jobs, the Economy, and the 
Legal System (Serial No. 112-51)
    8. Hearing on the State of Religious Liberty in the United 
States (Serial No. 112-63)

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. 112-34)
    5. Hearing on Cost-Justifying Regulations: Protecting Jobs 
and the Economy by Presidential and Judicial Review of Costs 
and Benefits (Serial No. 112-48)
    6. Hearing on Formal Rulemaking and Judicial Review: 
Protecting Jobs and the Economy with Greater Regulatory 
Transparency and Accountability (Serial No. 112-49)
    7. Hearing on Chapter 7 Bankruptcy Trustee Responsibilities 
and Remuneration (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. 112-29)
    6. Hearing on The USA PATRIOT Act: Dispelling the Myths 
(Serial No. 112-32)
    7. Hearing on Uncertain Justice: The Status of Federal 
Sentencing and the U.S. Sentencing Commission Six Years after 
U.S. v. Booker (Serial No. 112-  )
    8. Hearing on the U.S. Department of Justice Office of 
Justice Programs (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)
    3. Hearing on the U.S. Immigration and Customs Enforcement: 
Priorities and the Rule of Law (Serial No. 112-  )

Subcommittee on Intellectual Property, Competition, and the Internet

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

                             FULL COMMITTEE


                         Committee Jurisdiction

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

                 Full Committee Legislative Activities


 Committee Organizational Meeting

    On January 19, the Committee met for the first time to 
organize and adopt its rules.

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

    H.R. 386 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.
    Mr. Lungren introduced H.R. 386 on January 20, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On January 26, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on 
February 11, 2011.

 Markup of 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

    H.R. 398 amends 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.
    Ms. Lofgren introduced the H.R. 398 on January 24, 2011. 
The bill was referred to the Subcommittee on Immigration Policy 
and Enforcement. On January 26, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on July 
8, 2011.

 Markup of H.R. 368, the Removal Clarification Act of 2011

    H.R. 368 amends 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.
    Mr. (Hank) Johnson introduced H.R. 368 on January 20, 2011. 
The bill was referred to the Subcommittee on Courts, Commercial 
and Administrative Law. On January 26, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on 
February 28, 2011.

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

    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. It 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.
    Mr. Rooney introduced H.R. 347 on January 19, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On January 26, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on 
February 11, 2011.

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

    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.
    Chairman Smith introduced H.R. 394 on January 24, 2011. The 
bill was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On January 26, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on 
February 11, 2011.

 Markup of H.R. 5, the Help Efficient, Accessible, Low-Cost, 
        Timely Healthcare (HEALTH) Act of 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.
    Mr. Gingrey introduced H.R. 5 on January 24, 2011. On 
February 9, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House by a recorded vote 
of 18-15. The bill was reported to the House on March 17, 2011.

 Markup of H.R. 3, the No Taxpayer Funding for Abortion Act

    H.R. 3 prohibits 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, prohibits federal funds from being 
used for any health benefits coverage that includes coverage of 
abortion, and makes such prohibitions applicable to District of 
Columbia funds. H.R. 3 also (1) amends the Internal Revenue 
Code to disqualify, for purposes of the tax deduction for 
medical expenses, any amounts paid for an abortion; (2) 
prohibits tax credits for small employer health insurance 
expenses for any health plan or benefit that includes coverage 
for abortion; and (3) requires any private funds used for 
abortion to be counted as taxable income for participants in 
flexible spending accounts, medical savings accounts, or health 
savings accounts. Finally, H.R. 3 protects from discrimination 
individuals and entities that refuse to provide abortion 
services and creates a private cause of action for those 
alleging violation of this non-discrimination provision.
    Mr. (Christopher) Smith introduced H.R. 3 on January 20, 
2011. The bill was referred to the Subcommittee on the 
Constitution. On March 3, 2011, the full Committee considered 
the bill and ordered it reported favorably to the House as 
amended by a recorded vote of 23-14. The bill was reported to 
the House on March 17, 2011.

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

    H.R. 1021 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.
    Chairman Smith introduced H.R. 1021 on March 10, 2011. The 
bill was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On March 17, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote. The bill was reported to the 
House on July 19, 2011.

 Markup of 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

    H. Con. Res. 13 reaffirms ``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.
    Mr. Forbes introduced H. Con. Res. 13 on January 26, 2011. 
The concurrent resolution was referred to the Subcommittee on 
the Constitution. On March 17, 2011, the full Committee 
considered the concurrent resolution and ordered it reported 
favorably to the House by voice vote. The bill concurrent 
resolution was reported to the House on March 31, 2011.

 Markup of H.R. 1249, the America Invents Act

    H.R. 1249 makes significant changes to federal patent law, 
including changing the patent award system from a ``first to 
invent'' to a ``first to file.''
    Chairman Smith introduced H.R. 1249 on March 30, 2011. The 
bill was referred to the Subcommittee on Intellectual Property, 
Competition and the Internet. On April 14, 2011, the full 
Committee considered the bill and ordered it reported favorably 
to the House as amended by a recorded vote of 32-2. The bill 
was reported to the House on June 1, 2011.

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

    H.R. 1800 amends the USA PATRIOT Improvement and 
Reauthorization Act of 2005 to extend through 2017 a provision 
granting roving electronic surveillance authority. It 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).
    Mr. Sensenbrenner introduced H.R. 1800 on May 6, 2011. On 
May 12, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House by a recorded vote 
of 22-13. The bill was reported to the House on May 18, 2011.

 Markup of H.J. Res. 1, Proposing a balanced budget amendment 
        to the Constitution of the United States

    H.J. Res. 1 proposes an amendment to the Constitution of 
the United States that would prescribe certain rules for the 
federal government's taxing and spending authority.
    Mr. Goodlatte introduced H.J. Res. 1 on January 5, 2011. 
The joint resolution was referred to the Subcommittee on the 
Constitution. On June 15, 2011, the full Committee considered 
the joint resolution and ordered it reported favorably to the 
House as amended by a record vote of 20-12. The joint 
resolution was reported to the House on June 23, 2011.

 Markup of H.R. 1741, the Secure Visas Act

    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.
    Chairman Smith introduced H.R. 1741 on May 5, 2011. The 
bill was referred to the Subcommittee on Immigration Policy and 
Enforcement. On June 23, 2011, the full Committee considered 
the bill and ordered it reported favorably to the House as 
amended by a record vote of 17-11.

 Markup of H.R. 1933, To amend the Immigration and Nationality 
        Act to modify the requirements for admission of nonimmigrant 
        nurses in health professional shortage areas

    H.R. 1933 amends the Immigration and Nationality Act to 
modify the requirements for admission of nonimmigrant nurses in 
health professional shortage areas.
    Chairman Smith introduced H.R. 1933 on May 23, 2011. On 
June 23, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House as amended by voice 
vote. The bill was reported to the House on July 19, 2011.

 Markup of H.R. 966, the Lawsuit Abuse Reduction Act of 2011

    H.R. 966 amends the sanctions provisions in Rule 11 of the 
Federal Rules of Civil Procedure to require the court to impose 
sanctions on any attorney, law firm, or party that has 
violated, or is responsible for the violation of, the rule with 
regard to representations to the court. It also requires any 
sanction to compensate parties injured by the conduct in 
question.
    Chairman Smith introduced H.R. 966 on March 9, 2011. The 
bill was referred to the Subcommittee on the Constitution. On 
July 7, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House as amended by a 
recorded vote of 20-13. The bill was reported to the House on 
July 21, 2011.

 Markup of H.R. 1439, the Business Activity Tax Simplification 
        Act of 2011

    H.R. 1439 prohibits a state from imposing a net corporate 
income or other business activity tax on a business that lacks 
a physical presence within the state.
    Mr. Goodlatte introduced H.R. 1439 on April 8, 2011. The 
bill was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On July 7, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on 
October 21, 2011.

 Markup of H.R. 527, the Regulatory Flexibility Improvements 
        Act of 2011

    H.R. 527 expands the range of rules and issues that must be 
assessed under the Regulatory Flexibility Act of 1980; extends 
to all agencies requirements to gather input on potential rules 
from small business review panels; adds to requirements to 
periodically review and reassess rules that have significant 
impacts on substantial numbers of small entities; expands 
judicial review; and grants the Small Business Administration 
authority to promulgate government-wide rules on RFA and SBREFA 
implementation.
    Chairman Smith introduced H.R. 527 on February 8, 2011. The 
bill was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On July 7, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a recorded vote of 18-8. The bill was 
reported to the House on November 16, 2011.

 Markup of H.R. 1932, the Keep Our Communities Safe Act of 2011

    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.
    Chairman Smith introduced H.R. 1932 on May 23, 2011. The 
bill was referred to the Subcommittee on Immigration Policy and 
Enforcement. On July 14, 2011, the full Committee considered 
the bill and ordered it reported favorably to the House as 
amended by a recorded vote of 17-14. The bill was reported to 
the House on October 18, 2011.

 Markup of H.R. 2480, the Administrative Conference of the 
        United States Reauthorization Act of 2011

    H.R. 2480 authorizes appropriations for the Administrative 
Conference of the United States for FY2012-14.
    Chairman Smith introduced H.R. 2480 on July 8, 2011. On 
July 14, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House as amended by voice 
vote. The bill was reported to the House on July 19, 2011.

 Markup of H.R. 1002, the Wireless Tax Fairness Act of 2011

    H.R. 1002 prohibits state and local governments from 
imposing new discriminatory taxes on wireless telecommunication 
services, products, or providers.
    Ms. Lofgren introduced H.R. 1002 on March 10, 2011. The 
bill was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On July 14, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote. The bill was reported to the 
House on July 29, 2011.

 Markup of H.R. 704, the SAFE for America Act

    H.R. 704 amends the Immigration and Nationality Act to 
eliminate the diversity immigrant program.
    Mr. Goodlatte introduced H.R. 704 on February 15, 2011. The 
bill was referred to the Subcommittee on Immigration Policy and 
Enforcement. On July 21, 2011, the full Committee considered 
the bill and ordered it reported favorably to the House by a 
recorded vote of 19-11. The bill was reported to the House on 
November 10, 2011.

 Markup of H.R. 1550, the Federal Law Enforcement Recruitment 
        and Retention Act of 2011

    H.R. 1550 directs the Attorney General and the Secretary of 
Homeland Security to: establish a program within the Department 
of Justice (DOJ) and the Department of Homeland Security (DHS), 
respectively, to recruit individuals for authorized federal law 
enforcement and security positions in states that have 
experienced a high rate of homicides and other violent crimes; 
and designate a federal coordinator of such program. It 
requires each coordinator to: consult with the chief executive 
of, and with law enforcement agencies in, such states to 
determine how additional federal personnel can help; and 
coordinate program implementation.
    Mr. Pierluisi introduced H.R. 1550 on April 14, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On July 21, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote. The bill was reported to the 
House on November 22, 2011.

 Markup of H.R. 2076, the Investigative Assistance for Violent 
        Crimes Act of 2011

    H.R. 2076 authorizes the Attorney General and the Director 
of the Federal Bureau of Investigation, at the request of an 
appropriate law enforcement official of a state or political 
subdivision, to assist in the investigation of violent acts and 
shootings occurring in venues such as schools, colleges, 
universities, nonfederal office buildings, malls, and other 
public places, and in the investigation of mass killings and 
attempted mass killings.
    Mr. Gowdy introduced H.R. 2076 on June 1, 2011. The bill 
was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On July 21, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote. The bill was reported to the 
House on July 29, 2011.

 Markup of H.R. 963, the See Something, Say Something Act of 
        2011

    H.R. 963 amends the Homeland Security Act of 2002 to grant 
immunity from civil liability to persons who, in good faith and 
based on an objectively reasonable suspicion, report suspicious 
activity indicating that an individual may be engaging, or 
preparing to engage, in a violation of law relating to an act 
of terrorism. H.R. 963 also grants qualified immunity from 
civil liability to authorized officials who observe or receive 
a report of such activity and take reasonable action in good 
faith to respond. H.R. 963 also entitles authorized officials 
or other persons found immune from civil liability under this 
Act to recover reasonable costs and attorney fees.
    Chairman Smith introduced H.R. 963 on March 8, 2011. The 
bill was referred to the Subcommittee on the Constitution. On 
July 21, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House by voice vote. The 
bill was reported to the House on September 12, 2011.

 Markup of H.R. 1059, To protect the safety of judges by 
        extending the authority of the Judicial Conference to redact 
        sensitive information contained in their financial disclosure 
        reports, and for other purposes

    H.R. 1059 extends the authority of the Judicial Conference 
of the United States to redact sensitive information contained 
in judges' financial disclosure reports.
    Ranking Member Conyers introduced H.R. 1059 on March 14, 
2011. The bill was referred to the Subcommittee on Courts, 
Commercial and Administrative Law. On July 21, 2011, the full 
Committee considered the bill and ordered it reported favorably 
to the House by voice vote. The bill was reported to the House 
on July 29, 2011.

 Markup of H.R. 2552, the Identity Theft Improvement Act of 
        2011

    H.R. 2552 amends the federal criminal code to eliminate the 
requirement in a prosecution for identity theft that the 
prosecution must prove that the defendant knew that the stolen 
identification documents belonged to another person.
    Mr. Goodlatte introduced H.R. 2552 on July 15, 2011. On 
July 21, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House by a recorded vote 
of 16-10. The bill was reported to the House on September 8, 
2011.

 Markup of H.R. 1981, the Protecting Children from Internet 
        Pornographers Act of 2011

    H.R. 1981 creates a new federal offense for the financial 
facilitation of child pornography. This offense does not apply 
to financial transactions conducted by a person in cooperation 
with, or with the consent of, a federal, state or local law 
enforcement agency. The legislation adds as predicate offenses 
to the money laundering statute provisions regarding: (1) such 
financial facilitation of access to child pornography, and (2) 
obscene visual representation of the abuse of children.
    H.R. 1981 requires commercial providers of an electronic 
communication service to retain for one year a log of the 
temporarily assigned network addresses the provider assigns to 
a subscriber or customer. The legislation bars any cause of 
action against a provider for retaining records as required and 
makes a good faith reliance on the requirement to retain 
records a complete defense to a civil action.
    H.R. 1981 expresses the sense of Congress that such records 
should be stored securely to protect customer privacy and 
prevent against potential breaches of the records. The 
legislation directs the Attorney General to study the privacy 
standards implemented by providers with regard to compliance 
with the retention requirement and the frequency of any 
reported breaches of such data.
    H.R. 1981 allows the issuance of an administrative subpoena 
for the investigation of unregistered sex offenders by the 
United States Marshals Service.
    H.R. 1981 requires a U.S. district court to issue a 
protective order prohibiting harassment or intimidation of a 
minor victim or witness if the court finds evidence that the 
conduct at issue is reasonably likely to adversely affect the 
willingness of the minor witness or victim to testify or 
otherwise participate in a federal criminal case or 
investigation.
    H.R. 1981 directs the United States Sentencing Commission 
to review and amend federal sentencing guidelines and policy 
statements to ensure that such guidelines provide an additional 
penalty for obstruction of justice, namely witness 
intimidation, associated with sex trafficking of children and 
other child abuse crimes. Finally, the legislation imposes a 
fine and/or prison term of up to 20 years for the possession of 
pornographic images of a child under the age of 12 and extends 
the authority of the Judicial Conference of the United States 
to redact sensitive information contained in judges' financial 
disclosure reports.
    Chairman Smith introduced H.R. 1981 on May 25, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On July 28, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a recorded vote of 19-10. The bill was 
reported to the House on November 10, 2011.

 Markup of H.R. 2633, the Appeal Time Clarification Act of 2011

    H.R. 2633 amends federal judicial code requirements 
concerning the time limits for the filing of appeals to any 
judgment, order, or decree in a civil action, suit, or 
proceeding.
    Mr. Coble introduced H.R. 2633 on July 25, 2011. On July 
27, 2011, the full Committee considered the bill and ordered it 
reported favorably to the House by voice vote. The bill was 
reported to the House on September 7, 2011.

 Markup of H.R. 2189, the Death in Custody Reporting Act of 
        2011

    H.R. 2189 requires states that receive certain criminal 
justice assistance grants to report to the Attorney General on 
a quarterly basis certain information regarding the death of 
any person who is detained, under arrest, in the process of 
being arrested, en route to incarceration, or incarcerated at a 
municipal or county jail, state prison, state-run or contracted 
boot camp prison, state or local contract facility, or other 
local or state correctional facility. It also imposes penalties 
of up to a 10% reduction of federal Byrne Justice Assistance 
Grant funding, at the Attorney General's discretion, on states 
that fail to comply with such reporting requirements.
    Mr. (Bobby) Scott introduced H.R. 2189 on June 15, 2011. On 
August 1, 2011, the full Committee considered the bill and 
ordered it reported favorably to the House by voice vote. The 
bill was reported to the House on September 7, 2011.

 Markup of H.R. 2885, the Legal Workforce Act

    H.R. 2885 amends the Immigration and Nationality Act to 
direct the Secretary of Homeland Security to establish an 
employment eligibility verification system, patterned after the 
E-Verify system, and eliminates the current paper-based I-9 
system.
    The bill also requires an employer to attest, during the 
verification period and under penalty of perjury, that the 
employer has verified that an individual is not an unauthorized 
alien by obtaining and recording the individual's social 
security account number, and examining specified documents that 
establish such individual's identity and employment 
authorization
    Chairman Smith introduced H.R. 2885 on September 12, 2011. 
The bill was referred to the Subcommittee on Immigration Policy 
and Enforcement. On September 15, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a recorded vote of 22-13.

 Markup of H.R. 2192, the National Guard and Reservist Debt 
        Relief Extension Act of 2011

    H.R. 2192 extends for a period of four years an existing 
carve-out from the Bankruptcy Code's ``means test'' (section 
707) for qualifying members of the National Guard and military 
reserves.
    Mr. Cohen introduced H.R. 2192 on June 15, 2011. The bill 
was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On September 21, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote. The bill was reported to the House on 
October 18, 2011.

 Markup of H.J. Res. 70, To grant the consent of Congress to an 
        amendment to the compact between the States of Missouri and 
        Illinois providing that bonds issued by the Bi-State 
        Development Agency may mature in not to exceed 40 years

    H.J. Res. 70 grants the consent of Congress to an amendment 
to the compact between the States of Missouri and Illinois 
providing that bonds issued by the Bi-State Development Agency 
may mature in not to exceed 40 years.
    Mr. Clay introduced H.J. Res. 70 on June 24, 2011. On 
September 21, 2011, the full Committee considered the joint 
resolution and ordered it reported favorably to the House as 
amended by voice vote. The joint resolution was reported to the 
House on October 25, 2011.

 Markup of H.R. 313, the Drug Trafficking Safe Harbor 
        Elimination Act of 2011

    H.R. 313 amends the Controlled Substances Act to provide 
that anyone within the United States who enters into a 
conspiracy to possess or traffic in controlled substances 
outside the United States, or who aids or abets others in such 
conduct, shall be subject to the same penalties that would 
apply to such conduct if it were to occur within the United 
States.
    Chairman Smith introduced H.R. 313 on January 18, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On October 6, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a record vote of 20-7.

 Markup of H.R. 2471, To amend section 2710 of title 18, United 
        States Code, to clarify that a video tape service provider may 
        obtain a consumer's informed, written consent on an ongoing 
        basis and that consent may be obtained through the Internet

    H.R. 2471 amends section 2710 of title 18, United States 
Code, to clarify that a video tape service provider may obtain 
a consumer's informed, written consent on an ongoing basis and 
that consent may be obtained through the Internet.
    Mr. Goodlatte introduced H.R. 2471 on July 8, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On October 13, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote.

 Hearing on H.R. 3010, the Regulatory Accountability Act of 
        2011

    The full Committee held a legislative hearing on H.R. 3010 
on October 25, 2011, at which it heard testimony from the 
Honorable C. Boyden Gray, Esq., Boyden Gray & Associates, White 
House Counsel (1989-93) and Ambassador to the European Union 
(2006-07); Arnold Baker, Chair of the National Black Chamber of 
Commerce and CEO of Baker Ready-Mix, a concrete supply company 
in New Orleans; the Honorable Christopher DeMuth, Administrator 
of the Office of Information and Regulatory Affairs (OIRA) 
(1981-1984) and President of the American Enterprise Institute 
(1986-2008); and Professor Sidney Shapiro, University 
Distinguished Chair in Law, Wake Forest University School of 
Law.

 Markup of H.R. 822, the Drug Trafficking Safe Harbor 
        Elimination Act of 2011

    H.R. 822 amends the federal criminal code to authorize a 
person who is carrying a valid, government-issued 
identification document containing that person's photograph and 
a valid permit to carry a concealed firearm in one state, and 
who is not prohibited from possessing, transporting, shipping, 
or receiving a firearm under federal law, to possess or carry a 
concealed handgun (other than a machine gun or destructive 
device) in another state in accordance with the restrictions of 
that state without respect to restrictions on eligibility.
    Mr. Stearns introduced H.R. 822 on February 18, 2011. The 
bill was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On October 25, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a record vote of 19-11. The bill was 
reported to the House on November 10, 2011.

 Markup of H.R. 10, the Regulations from the Executive in Need 
        of Scrutiny Act of 2011

    H.R. 10 rewrites provisions regarding congressional review 
of agency rulemaking 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). It 
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.
    H.R. 10 provides that if a joint resolution of approval of 
a major rule is not enacted by the end of 70 session days or 
legislative days after the agency proposing the rule submits 
its report on such rule to Congress, the rule shall be deemed 
not to be approved and shall not take effect. It permits a 
major rule to take effect for 90 calendar days without such 
approval if the President determines such rule is necessary 
because of an imminent threat to health or safety or other 
emergency, for the enforcement of criminal laws, for national 
security, or to implement an international trade agreement.
    H.R. 10 also sets forth House and Senate procedures for 
joint resolutions approving major rules and disapproving non-
major rules
    Mr. (Geoff) Davis introduced H.R. 10 on January 20, 2011. 
The bill was referred to the Subcommittee on Courts, Commercial 
and Administrative Law. On October 25, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a record vote of 22-14. The bill was 
reported to the House on November 10, 2011.

 Markup of H.R. 3012, the Fairness for High-Skilled Immigrants 
        Act of 2011

    H.R. 3012 amends the Immigration and Nationality Act to: 
(1) eliminate the per country numerical limitation for 
employment-based immigrants, and (2) increase the per country 
numerical limitation for family based immigrants. It also 
amends the Chinese Student Protection Act of 1992 to eliminate 
the provision requiring the reduction of annual Chinese (PRC) 
immigrant visas to offset status adjustments under such Act.
    Mr. Chaffetz introduced H.R. 3012 on September 22, 2011. 
The bill was referred to the Subcommittee on Immigration Policy 
and Enforcement. On October 27, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote. The bill was reported to the 
House on November 18, 2011.

 Markup of H.R. 2369, To amend title 36, United States Code, to 
        provide for an additional power for the American Legion under 
        its Federal charter

    H.R. 2369 authorizes the American Legion under its federal 
charter to provide guidance and leadership to the individual 
Departments and Posts. It prohibits it from controlling or 
otherwise influencing the specific activities and conduct of 
independent, autonomous Departments and Posts.
    Mr. Altmire introduced H.R. 2369 on June 24, 2011. The bill 
was referred to the Subcommittee on Immigration Policy and 
Enforcement. On November 3, 2011, the full Committee considered 
the bill and ordered it reported favorably to the House by 
voice vote.

 Markup of H.R. 3010, the Regulatory Accountability Act of 2011

    H.R. 3010 amends the Administrative Procedure Act to revise 
and expand the requirements for federal agency rulemaking by 
requiring agencies, in making a rule, to base all preliminary 
and final determinations on evidence and to consider the legal 
authority under which the rule may be proposed, the specific 
nature and significance of the problem the agency may address 
with the rule, any reasonable alternatives for the rule, and 
the potential costs and benefits associated with such 
alternatives.
    H.R. 3010 also requires agencies to publish advance notice 
of proposed rulemaking for major rules and for high-impact 
rules (rules having an annual cost on the economy of $100 
million or $1 billion or more, respectively), which shall 
include a written statement identifying the nature and 
significance of the problem the agency may address with a rule, 
the legal authority under which the rule may be proposed, and a 
solicitation for written data and comments from interested 
persons.
    H.R. 3010 sets forth criteria for issuing major guidance 
(agency guidance that is likely to lead to an annual cost on 
the economy of $100 million or more, a major increase in cost 
or prices, or significant adverse effects on competition, 
employment, investment, productivity, innovation, or ability to 
compete).
    H.R. 3010 expands the scope of judicial review of agency 
rulemaking by allowing immediate review of rulemaking not in 
compliance with notice requirements and establishing a 
substantial evidence standard for affirming agency rulemaking 
decisions.
    Chairman Smith introduced H.R. 2010 on September 22, 2011. 
The bill was referred to the Subcommittee on Courts, Commercial 
and Administrative Law. On November 3, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a recorded vote of 16-6.

 Markup of H.R. 1254, the Synthetic Drug Control Act of 2011

    H.R. 1254 amends the Controlled Substances Act to add as 
schedule I controlled substances any material, compound, 
mixture, or preparation which contains cannabimimetic agents 
(or the salts, isomers, or salts of isomers thereof), and 
certain hallucinogenic substances.
    Mr. Dent introduced H.R. 1254 on March 30, 2011. The bill 
was referred to the Subcommittee on Crime, Terrorism, and 
Homeland Security. On October 27 and November 3, 2011, the full 
Committee considered the bill and ordered it reported favorably 
to the House as amended by voice vote. The bill was reported to 
the House on November 22, 2011.

 Hearing on H.R. 3261, the Stop Online Piracy Act

    The full Committee held a legislative hearing on H.R. 3261 
on November 16, 2011, at which it heard testimony from Maria 
Pallante (Register of Copyrights), John Clark (CSO and VP of 
Global Security for Pfizer), Michael O'Leary (Senior Executive 
and VP for Global Policy and External Affairs of the MPAA), 
Linda Kirkpatrick (Group Head, Customer Performance Integrity 
at Mastercard), Katherine Oyama (Policy Counsel, Google), and 
Paul Almeida (President, Department of Professional Employees, 
AFL-CIO).

 Markup of H.R. 1996, the Government Litigation Savings Act

    H.R. 1996 revises provisions of the Equal Access to Justice 
Act and the federal judicial code relating to the fees and 
other expenses of parties in agency proceedings and court cases 
against the federal government to: (1) restrict awards of fees 
and other expenses under such Act to prevailing parties with a 
direct and personal monetary interest in an adjudication, 
including because of personal injury, property damage, or an 
unpaid agency disbursement; (2) require the reduction or denial 
of awards commensurate with pro bono hours and related fees and 
expenses to parties who have acted in an obdurate, dilatory, 
mendacious, or oppressive manner or in bad faith; (3) limit 
awards to not more than $200,000 in any single adversary 
adjudication or for more than three adversary adjudications in 
the same calendar year (unless the adjudicating officer or 
judge determines that a higher award is required to avoid 
severe and unjust harm to the prevailing party); and (4) expand 
the reporting requirements of the Chairman of the 
Administrative Conference of the United States with respect to 
fees and other expenses awarded to prevailing parties during 
the preceding fiscal year.
    Ms. Lummis introduced H.R. 1996 on May 25, 2011. The bill 
was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On November 17, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by a recorded vote of 19-14.

 Markup of H.R. 1864, the Mobile Workforce State Income Tax 
        Simplification Act of 2011

    H.R. 1864 prohibits a state from imposing an income tax on 
a nonresident employee if such employee has not earned wages 
for work performed in the state for 30 or fewer days.
    Mr. Coble introduced H.R. 1864 on May 25, 2011. The bill 
was referred to the Subcommittee on Courts, Commercial and 
Administrative Law. On November 17, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House as amended by voice vote.

 Markup of H.R. 2815, To revise the Federal charter for the 
        Blue Star Mothers of America, Inc., to reflect a change in 
        eligibility requirements for membership

    H.R. 2815 revises the membership eligibility requirements 
of the federal charter for the Blue Star Mothers of America, 
Inc. It redefines ``mother'' to mean a woman who filled the 
role of birth mother. It adds, in addition to adoptive mother 
and stepmother (as in the current charter), foster-mother, 
grandmother, or legal guardian of a person who is serving in 
the Armed Forces or has served in, or has been honorably 
discharged from it (as in the current charter). The bill also 
repeals the limitation to service in World War II or the Korean 
hostilities of the Armed Forces service of the eligible 
mother's son or daughter, and allows the eligible mother to be 
a U.S. citizen living outside the United States. (Currently the 
charter limits membership to eligible mothers living in the 
United States.)
    Mr. Tipton introduced H.R. 2815 on August 9, 2011. The bill 
was referred to the Subcommittee on Immigration Policy and 
Enforcement. On November 17, 2011, the full Committee 
considered the bill and ordered it reported favorably to the 
House by voice vote.

                  Full Committee Oversight Activities


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

    On January 20, 2011, the Committee held a hearing to 
investigate 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.

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

    On February 16, 2011, the Committee held a hearing to 
consider the constitutionality of the individual mandate 
contained in the Patient Protection and Affordable Care Act. 
The Committee received testimony from: 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 held a hearing to conduct 
oversight over the Federal Bureau of Investigation. FBI 
Director Robert S. Mueller III, testified at the hearing.

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

    On May 3, 2011, the Committee held a hearing to conduct 
oversight over the Department of Justice. U.S. Attorney General 
Eric Holder testified at the hearing.

 Hearing on a Balanced Budget Amendment to the Constitution 
        (Serial No. 112-  )

    On October 4, 2011, the House Judiciary Committee held a 
hearing on whether the Congress should propose to the States 
for ratification a balanced budget constitutional amendment. 
Testimony was received from the Honorable Richard Thornburgh, 
former Governor of Pennsylvania and Attorney General of the 
United States; Douglas Holtz-Eakin, former Director of the 
Congressional Budget Office and former Chief Economist of the 
President's Council of Economic Advisers; Philip Joyce, 
Professor of Management, Finance and Leadership, University of 
Maryland School of Public Policy; and Matthew Mitchell, 
Research Fellow, Mercatus Center at George Mason University.
    The hearing examined continuing federal budget deficits, 
which have resulted in a total national debt exceeding $10 
trillion, and the effects of deficit spending on the country's 
long-term prosperity. Witnesses discussed prior legislative 
attempts to eliminate federal budget deficits, and the 
inability to achieve a balanced budget over an extended period 
of time. The main focus of the witnesses' testimony was on the 
question of whether a balanced budget constitutional amendment 
is necessary to impose fiscal restraint on federal spending.

 Hearing on the Department of Homeland Security (Serial No. 
        112-  )

    On October 26, 2011, the Committee held a hearing to 
conduct oversight over the Department of Homeland Security. 
Janet Napolitano, Secretary of the U.S. Department of Homeland 
Security, testified at the hearing.

 Hearing on Constitutional Limitations on States' Authority to 
        Collect Sales Taxes in E-Commerce (Serial No. 112-  )

    On November 30, 2011, the Committee held a hearing to 
consider (i) whether it is prudent for Congress to enact 
legislation to allow states to require vendors that sell 
merchandise into but lack a physical presence in the state to 
collect the state's sales tax, and (ii) if so, under what 
conditions. Under current Supreme Court ``dormant'' commerce 
clause precedent, a state may not require remote vendors to 
collect its sales tax because to do so would unduly burden 
interstate commerce. Congress may, however, enact legislation 
that permits a state to do so under its Commerce Clause 
authority. Finally, the hearing also covered affiliate nexus 
statutes that some states have passed in the absence of 
congressional action. It also explored the Streamlined Sales 
and Use Tax Project (SSUTP) that formed in the wake of Quill, 
the most recent Supreme Court decision in this area, and the 
SSUTP's relevance going forward.
    At the hearing, testimony was heard from: Dan Marshall, the 
owner of Marshall Music Co.; Patrick Byrne, the Chairman and 
CEO of Overstock.com, Inc.; Rep. John Otto of the Texas House 
of Representatives; Tod Cohen, Vice President of Government 
Relations for eBay Inc.; Sen. Luke Kenley, an Indiana state 
senator, who testified in his capacity as President of 
Streamlined Sales Tax Governing Board, Inc.; and Paul Misener, 
Vice President for Global Public Policy for Amazon.com, Inc.
                    SUBCOMMITTEE ON THE CONSTITUTION

  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

                    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)

    On February 8, 2011, the Subcommittee held a legislative 
hearing on H.R. 3. 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.

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

    On March 11, 2011, the Subcommittee held a legislative 
hearing on H.R. 966. At the hearing, the Subcommittee 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. A main focus of the hearing was 
whether and to what extent ``frivolous'' lawsuits have an 
impact on businesses (especially small businesses), jobs, and 
the economy. The hearing also examined whether Rule 11 should 
be amended to deter such lawsuits and motions from being filed 
in federal court or whether Rule 11 in its current form is 
adequate to deter and remedy misconduct by plaintiffs and 
defendants, and whether a return to the prior version of Rule 
11 would encourage routine parallel Rule 11 litigation.
    H.R. 966 amends the sanctions provisions in Rule 11 of the 
Federal Rules of Civil Procedure to require the court to impose 
an appropriate sanction on any attorney, law firm, or party 
that has violated, or is responsible for the violation of, the 
rule with regard to representations to the court. It requires 
any sanction to compensate parties injured by the conduct in 
question. The bill also removes a provision that prohibits 
filing a motion for sanctions if the challenged paper, claim, 
defense, contention, or denial is withdrawn or appropriately 
corrected within 21 days after service or within another time 
the court sets. H.R. 966 also authorizes the court to impose 
additional sanctions, including striking the pleadings, 
dismissing the suit, nonmonetary directives, or penalty 
payments if warranted for effective deterrence. Finally, the 
bill prohibits itself from being construed as barring or 
impeding the assertion or development of new claims, defenses, 
or remedies under federal, state, or local laws, including 
civil rights laws, or under the Constitution.

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

    On April 12, 2011, the Subcommittee held a legislative 
hearing on H.R. 1433. 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 on private property rights of the Supreme 
Court's 2005 decision in Kelo v. City of New London, 545 U.S. 
469 (2005). The hearing focused on whether H.R. 1433 would 
effectively address continuing concerns after the Kelo decision 
that private property may be taken and transferred to another 
private owner for private economic development, and whether 
federal legislation is warranted in light of state legislative 
responses to Kelo.
    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 under the ``public use'' 
requirement of the Takings Clause of the Fifth Amendment to the 
U.S. Constitution, the state would be ineligible to receive 
federal economic development funds for two fiscal years 
following a judicial determination that the law had been 
violated. Additionally, the bill prohibits the federal 
government from using eminent domain for economic development 
purposes.

 Hearing on H.R. 963, the See Something, Say Something Act of 
        2011 (Serial No. 112-55)

    On June 24, 2011, the Subcommittee on the Constitution held 
a legislative hearing on H.R. 963. Testimony was received from 
Lawrence Haas, Senior Fellow for U.S. Foreign Policy at the 
American Foreign Policy Council; Chris Burbank, Chief of the 
Salt Lake City Police Department; and Dr. M. Zuhdi Jasser, 
President and Founder of the American Islamic Forum for 
Democracy. During the hearing, witnesses examined the merits of 
the bill as a measure to encourage citizens to share 
potentially relevant information with law enforcement officials 
and debated whether this measure was needed in light of 
existing legal protections.
    H.R. 963 grants immunity from civil liability to persons 
who, in good faith and based on an objectively reasonable 
suspicion, report suspicious activity indicating that an 
individual may be engaging, or preparing to engage, in a 
violation of law relating to an act of terrorism. H.R. 963 also 
grants qualified immunity from civil liability to authorized 
officials who observe or receive a report of such activity and 
take reasonable action in good faith to respond, and allows a 
defendant found to be immune under the Act to seek attorney 
fees and costs from the plaintiff.

                          Oversight Activities


 Hearing on Defending Marriage (Serial No. 112-36)

    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 
Clause 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. 112-30)

    On May 13, 2011, the Subcommittee held a 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, 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 and demerits 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. 112-31)

    On May 24, 2011, the Subcommittee held a hearing 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.

 Hearing on the U.S. Department of Justice Civil Rights 
        Division (Serial No. 112-  )

    On June 1, 2011, the Subcommittee held an oversight hearing 
to conduct oversight over the U.S. Department of Justice's 
Civil Rights Division. Thomas E. Perez, Assistant Attorney 
General for the Civil Rights Division of the U.S. Department of 
Justice, testified at the hearing.

 Hearing on How Fraud and Abuse in the Asbestos Compensation 
        System Affect Victims, Jobs, the Economy, and the Legal System 
        (Serial No. 112-51)

    On September 9, 2011, the Subcommittee on the Constitution 
held a hearing to explore whether there is fraud and abuse in 
the asbestos compensation system, and if so, what effects that 
fraud and abuse have on exposure victims, American jobs, the 
economy, and the U.S. legal system. Testimony was received from 
Professor Lester Brickman, Benjamin N. Cardozo School of Law; 
Michael Carter, President, Monroe Rubber & Gasket Co.; Charles 
Siegel, Partner, Waters & Kraus; and James Stengel, Partner, 
Orrick.

 Hearing on the State of Religious Liberty in the United States 
        (Serial No. 112-  )

    On October 26, 2011, the Subcommittee held a hearing on the 
state of religious liberty in the United States. Testimony was 
received from the Most Reverend William Lori, Bishop of 
Bridgeport, Connecticut; Reverend Barry Lynn, Executive 
Director, Americans United for Separation of Church and State; 
and Colby May, Senior Counsel and Director of the Washington 
Office, American Center for Law & Justice.
    The hearing examined current issues related to the free 
exercise and establishment clauses of the First Amendment. 
During the hearing, the witnesses gave their views on how the 
political branches of federal and state governments and the 
courts are treating the religious beliefs of American citizens 
and religious institutions.

               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

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

STEVE COHEN, Tennessee               ELTON GALLEGLY, California
HENRY C. ``HANK'' JOHNSON, Georgia   TRENT FRANKS, Arizona
MELVIN L. WATT, North Carolina       DENNIS ROSS, Florida
JARED POLIS, Colorado\7\             BEN QUAYLE, Arizona

\7\Mike Quigley of Illinois resigned from the Subcommittee in June 
2011. Jared Polis of Colorado was added to the Subcommittee effective 
Dec. 8, 2011.

                    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. 527, the Regulatory Flexibility Improvements 
        Act of 2011--Unleashing Small Businesses to Create Jobs (Serial 
        No. 112-16)
    On February 10, the Subcommittee held a legislative hearing 
on H.R. 527 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.
    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; adds to 
requirements to periodically review and reassess rules that 
have significant impacts on substantial numbers of small 
entities; expands judicial review; and grants the Small 
Business Administration authority to promulgate government-wide 
rules on RFA and SBREFA implementation.
 Hearing on H.R. 10, the Regulations From the Executive in Need 
        of Scrutiny Act of 2011 (Serial No. 112-26)
    On March 8, 2011, the Subcommittee held a legislative 
hearing on H.R. 10 and received testimony from David Schoenbrod 
(Trustee Professor of Law, New York Law School), Eric R. Claeys 
(Professor of Law, George Mason University Law School), and 
David Goldston (Director of Government Affairs, National 
Resources Defense Council).
    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, 
all rules take effect unless Congress passes and the President 
signs a joint resolution disapproving them; the REINS Act only 
changes this process for major rules). The Act defines ``major 
rule'' as any rule, including an interim final rule, which 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.
 Hearing on H.R. 1002, the Wireless Tax Fairness Act of 2011 
        (Serial No. 112-22)
    On March 15, 2011, the Subcommittee held a legislative 
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.
    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.
 Hearing on H.R. 1439, the Business Activity Tax Simplification 
        Act of 2011 (Serial No. 112-41)
    On April 13, 2011, the Subcommittee held a legislative 
hearing on H.R. 1439 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.
    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.
 Hearing on H.R. 1860, the Digital Goods and Services Tax 
        Fairness Act of 2011 (Serial No. 112-  )
    On May 23, 2011, the Subcommittee held a legislative 
hearing on H.R. 1860 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.
    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.
 Hearing on H.R. 1864, the Mobile Workforce State Income Tax 
        Simplification Act of 2011 (Serial No. 112-56)
    On May 25, 2011, the Subcommittee held a legislative 
hearing on H.R. 1864 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.
    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.
 Hearing on H.R. 2533, the Chapter 11 Bankruptcy Venue Reform 
        Act of 2011 (Serial No. 112-  )
    On September 8, 2011, the Subcommittee held a legislative 
hearing on H.R. 2533, at which it heard testimony from Peter C. 
Califano, Partner, Cooper White & Cooper (San Francisco, CA), 
on behalf of the Commercial Law League of America; Prof. David 
Skeel, University of Pennsylvania Law School (Philadelphia, 
PA); the Hon. Frank J. Bailey, Chief Judge, Bankruptcy Court 
for the District of Massachusetts (Boston, MA); and Prof. 
Melissa Jacoby, University of North Carolina School of Law 
(Chapel Hill, NC).
    H.R. 2533 amends the venue rules for chapter 11 
reorganization bankruptcy cases so that a corporate debtor is 
required to reorganize in the judicial district in which it has 
its principal place of business. Current law provides more 
expansive venue rules which have led to a great concentration 
of chapter 11 cases in only two districts, the District of 
Delaware and the Southern District of New York. The bill would 
more evenly distribute chapter 11 cases across judicial 
districts.
 Hearing on H.R. 1996, the Government Litigation Savings Act 
        (Serial No. 112-  )
    On October 11, 2011, the Subcommittee held a legislative 
hearing on H.R. 1996, at which it heard testimony from Jeffrey 
Axelrad, Professorial Lecturer in Law at the George Washington 
University Law School; Lowell Baier, President Emeritus, the 
Boone and Crockett Club; Jennifer Ellis, Chairman, Western 
Legacy Alliance; and Prof. Brian Wolfman, Visiting Professor, 
Georgetown University Law Center.
    H.R. 1996 reforms the Equal Access to Justice Act. Among 
other things, the legislation tightens eligibility requirements 
to receive attorneys' fees and costs under the Act; lowers the 
Act's hourly cap on attorneys' fee rates and eliminates the 
``special factor'' exception to the hourly cap; eliminates the 
Act's exception to the net worth requirement for 501(c)(3) 
corporations; and adds to annual reporting requirements under 
the Act.

                          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). 
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 held 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 changes to the rulemaking 
process under the Administrative Procedure Act (APA) as it 
approached the 65th anniversary of its enactment on June 11, 
1946. At this 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. 112-34)

    On March 29, 2011, the Subcommittee held a hearing 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. Finally, the Subcommittee identified additional APA 
requirements that could force agencies to assess better whether 
regulation is necessary 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. 112-48)

    On May 4, 2011, the Subcommittee held a hearing focused on 
potential APA amendments that would require 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. 112-49)

    On May 31, the Subcommittee held a hearing to examine 
whether to increase the use of formal rulemaking. The 
Subcommittee also examined whether existing standards of 
judicial review are sufficient to check agency action. 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.

 Joint Hearing on the Role of Social Security Administrative 
        Law Judges (Serial No. 112-  )\8\
---------------------------------------------------------------------------

    \8\This hearing was conducted jointly with the Subcommittee on 
Social Security of the House Committee on Ways and Means.
---------------------------------------------------------------------------
    The Subcommittee held a hearing jointly with the Ways and 
Means Committee's Social Security Subcommittee on July 11, 
2011, to provide oversight of administrative law judge issues 
that have arisen at the Social Security Administration. These 
issues relate to growing concern about the accuracy, efficiency 
and overall professionalism that some Social Security ALJs 
bring to bear on their caseloads. Examples of these concerns 
include whether ALJs are disproportionately granting or denying 
benefits; whether some ALJs are failing to meet minimum annual 
caseload expectations; and the size of the case backlog at the 
Social Security Administration, reported to reach 730,000 
cases. At the joint hearing, the subcommittees heard testimony 
from Michael J. Astrue, Commissioner of Social Security, and 
Christine Griffin, Deputy Director, Office of Personnel 
Management.

 Hearing on Chapter 7 Bankruptcy Trustees' Responsibilities and 
        Remuneration (Serial No. 112-  )

    On July 27, 2011, the Subcommittee held a hearing on the 
adequacy of compensation for chapter 7 bankruptcy trustees, the 
effect that various proposals to increase their compensation 
would have on the bankruptcy system, and the statutory duty of 
chapter 7 trustees to continue to administer a debtor's 
Employee Retirement Income Security Act plan. The Subcommittee 
heard testimony from Robert C. Furr, Founding Partner, Furr & 
Cohen, P.A. (Boca Raton, FL), on behalf of the National 
Association of Bankruptcy Trustees; H. Jason Gold, Partner, 
Wiley Rein LLP (Washington, DC), and Chapter 7 Trustee (E.D. 
Va.), on behalf of the American Bankruptcy Institute; William E 
Brewer, Jr., Founder, The Brewer Law Firm, (Raleigh, NC), on 
behalf of the National Association of Consumer Bankruptcy 
Attorneys; and Blake Hogan, President, American InfoSource 
(Houston, TX).

 Hearing on Recognition and Enforcement of Foreign Judgments 
        (Serial No. 112-  )

    On November 15, 2011, the Subcommittee held a hearing on 
the principles and practices that govern the recognition and 
enforcement of foreign judgments in the United States. At the 
hearing, testimony was received from: Linda J. Silberman 
(Martin Lipton Professor of Law, New York University School of 
Law); Kathy Patchel (Uniform Law Commissioner); and John B. 
Bellinger, III (Partner, Arnold and Palmer, LLP, on behalf of 
the U.S. Chamber of Commerce Institute for Legal Reform).
        SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY

   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
JARED POLIS, Colorado\9\             SANDY ADAMS, Florida
                                     BEN QUAYLE, Arizona
                                     MARK AMODEI, Nevada

\9\Debbie Wasserman Schultz resigned from the Subcommittee when she 
resigned from the Judiciary Committee in September 2011. Jared Polis of 
Colorado was added to the Subcommittee effective Dec. 8, 2011

                    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

 Hearing on H.R. 1981, the Protecting Children from Internet 
        Pornographers Act of 2011 (Serial No. 112-  )
    On July 12, 2011, the Subcommittee held a legislative 
hearing on H.R. 1981. At the hearing, testimony was received 
from Mr. Ernie Allen, President and CEO of the National Center 
for Missing and Exploited Children; Sheriff Michael J. Brown, 
Bedford Country Sheriff's Office; and Mr. Marc Rotenberg, 
President of the Electronic Privacy Information Center.
    H.R. 1981 creates a new federal offense for the financial 
facilitation of child pornography. This offense does not apply 
to financial transactions conducted by a person in cooperation 
with, or with the consent of, a federal, state or local law 
enforcement agency. The legislation adds as predicate offenses 
to the money laundering statute provisions regarding: (1) such 
financial facilitation of access to child pornography, and (2) 
obscene visual representation of the abuse of children.
    H.R. 1981 requires commercial providers of an electronic 
communication service to retain for one year a log of the 
temporarily assigned network addresses the provider assigns to 
a subscriber or customer. The legislation bars any cause of 
action against a provider for retaining records as required and 
makes a good faith reliance on the requirement to retain 
records a complete defense to a civil action.
    H.R. 1981 expresses the sense of Congress that such records 
should be stored securely to protect customer privacy and 
prevent against potential breaches of the records. The 
legislation directs the Attorney General to study the privacy 
standards implemented by providers with regard to compliance 
with the retention requirement and the frequency of any 
reported breaches of such data.
    H.R. 1981 allows the issuance of an administrative subpoena 
for the investigation of unregistered sex offenders by the 
United States Marshals Service.
    H.R. 1981 requires a U.S. district court to issue a 
protective order prohibiting harassment or intimidation of a 
minor victim or witness if the court finds evidence that the 
conduct at issue is reasonably likely to adversely affect the 
willingness of the minor witness or victim to testify or 
otherwise participate in a federal criminal case or 
investigation.
    H.R. 1981 directs the United States Sentencing Commission 
to review and amend federal sentencing guidelines and policy 
statements to ensure that such guidelines provide an additional 
penalty for obstruction of justice, namely witness 
intimidation, associated with sex trafficking of children and 
other child abuse crimes. Finally, the legislation imposes a 
fine and/or prison term of up to 20 years for the possession of 
pornographic images of a child under the age of 12.
 Hearing on H.R. 2572, the Clean Up Government Act of 2011 
        (Serial No. 112-  )
    On July 26, 2011, the Subcommittee held a legislative 
hearing on H.R. 2572, at which testimony was heard from Ms. 
Mary Pat Brown, Deputy Assistant Attorney General of the 
Criminal Division of the U.S. Department of Justice; Ms. Lisa 
Griffin, Professor of Law at Duke University; and Mr. Timothy 
O'Toole, Partner at Miller & Chevalier, LLP.
    H.R. 2572 restores prosecutorial tools that had been eroded 
by various court decisions including restoring ``undisclosed 
self dealing'' by a public official as a scheme or artifice to 
defraud, restoring a prohibition on the giving or receiving of 
gratuities because of ``official position,'' adds to the 
definition of ``official act,'' ``any act within the range of 
official duty,'' increases penalties for public corruption and 
related offenses, expands venue, increases the statute of 
limitations for serious public corruption offenses, and adds 
offenses as wiretap predicates.
    The bill also makes clarifications to aid the successful 
investigation and prosecution of public corruption offenses by 
creating a mechanism, outside of the current internal 
mechanism, for misconduct on the part of Federal judges (28 
U.S.C.360(a)); clarifies that the exemption for bona fide 
salaries paid in the normal course of business applies only to 
the statute's prohibition on giving or receiving ``anything of 
value'' as a bribe (18 U.S.C. 666(c)), and the bill expands the 
number of officials at the Department of Justice that can 
certify government interlocutory appeals from a district court 
suppressing or excluding evidence (18 U.S.C. 3731).
 Hearing on H.R. 822, the National Right-to-Carry Reciprocity 
        Act of 2011 (Serial No. 112-53)
    On September 13, 2011, the Subcommittee held a legislative 
hearing on H.R. 822, at which testimony was received from Ms. 
Joyce Lee Malcolm, Professor of Law at George Mason University; 
Mr. David B. Kopel, Adjunct Professor at Denver University 
Sturm College of Law; and Commissioner Charles H. Ramsey, 
Philadelphia Police Department.
    H.R. 822 authorizes a person who is carrying a valid, 
government-issued identification document containing that 
person's photograph and a valid permit to carry a concealed 
firearm in one state, and who is not prohibited from 
possessing, transporting, shipping, or receiving a firearm 
under federal law, to possess or carry a concealed handgun 
(other than a machine gun or destructive device) in another 
state in accordance with the restrictions of that state without 
respect to restrictions on eligibility. H.R. 822 directs the 
Comptroller General to conduct an audit of: (1) state laws and 
regulations that authorize the issuance of a concealed firearm 
permit or license to a nonresident, including a description of 
the permitting or licensing requirements; (2) the number of 
such valid permits or licenses issued or denied (and the basis 
for such denials) to nonresidents by each state; and (3) the 
effectiveness of such state laws and regulations in protecting 
the public safety. The bill also directs the Comptroller 
General to conduct a study of the ability of state and local 
law enforcement authorities to verify the validity of concealed 
firearm licenses or permits issued by other states.

                          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 held 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)
    On February 15, 2011, the Subcommittee held a hearing 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. 112-59)
    On February 17, 2011, the Subcommittee held a hearing on 
lawful electronic surveillance and 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 held 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)
    On March 30, 2011, the Subcommittee continued its oversight 
of the USA PATRIOT Act. 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. 112-29)
    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. 112-32)
    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.
 Hearing on the Foreign Corrupt Practices Act (Serial No. 112-
        47)
    On June 14, 2011, the Subcommittee held a hearing to 
examine various issues surrounding the FCPA and the increase in 
related enforcement actions brought by the Department of 
Justice. Testimony was received from Mr. Greg Andres, Deputy 
Assistant Attorney General of the Criminal Division at the U.S. 
Department of Justice; The Honorable Michael Mukasey, Former 
Attorney General and Partner at Debevoise & Plimpton LLP; Mr. 
George Terwilliger, Partner at White & Case LLP; and Ms. Shana-
Tara Regon, Director of White Collar Crime Policy at the 
National Association of Criminal Defense Lawyers.
 Hearing on the Implementation of Certain International Nuclear 
        and Maritime Terrorism Agreements (Serial No. 112-  )
    On October 5, 2011, the Subcommittee held a hearing to 
examine what legislation is necessary to implement certain 
provisions of various international nuclear and international 
maritime terrorism treaties. These provisions criminalize 
certain activities as they relate to nuclear and maritime 
terrorism. Testimony was received from Mr. Thomas Countryman, 
Assistant Secretary of the Bureau of International Security and 
Nonproliferation at the United States Department of State; and 
Mr. Brad Wiegmann, Principal Deputy Assistant Attorney General 
for National Security at the United States Department of 
Justice.
 Hearing on Uncertain Justice: The Status of Federal Sentencing 
        and the U.S. Sentencing Commission Six Years after U.S. v. 
        Booker (Serial No. 112-  )
    On October 12, 2011, the Subcommittee held a hearing to 
examine various issues surrounding the sentencing of Federal 
prisoners after the Supreme Court's Booker decision, which made 
the Sentencing Guidelines advisory. Testimony was received from 
the Honorable Patti B. Saris, Chair of the United States 
Sentencing Commission; Mr. Matthew Miner, Partner at White & 
Case LLP; Mr. William Otis, Adjunct Professor at Georgetown 
Law; and Mr. James Felman, Kynes, Markman & Felman, P.A.
 Hearing on the U.S. Department of Justice Office of Justice 
        Programs (Serial No. 112-  )
    On November 2, 2011, the Subcommittee held a hearing on the 
office of Justice Programs, the principal administrator of 
grant programs within DOJ, to assess and identify those 
programs that most effectively achieve their intended impact. 
Testimony was received from the Honorable Laurie Robinson, 
Assistant Attorney General of the Office of Justice Programs of 
the United States Department of Justice.
 Hearing on 21st Century Law Enforcement: How Smart Policing 
        Targets Criminal Behavior (Serial No. 112-  )
    On November 4, 2011, the Subcommittee held a hearing to 
examine how modern policing has evolved to target specific 
criminal behaviors. Testimony was received from Mr. Hilary 
Shelton, Senior Vice President for Advocacy and Policy and 
Director of NAACP Washington Bureau; Ms. Heather Mac Donald, 
Senior Fellow at The Manhattan Institute for Policy Research; 
Mr. Edward Conlon, Former NYPD Detective and Author; Mr. David 
Harris, Professor of Law and Associate Dean for Research at the 
University of Pittsburgh Law; and Mr. Jiles Ship, National 
President of the National Organization of Black Law Enforcement 
Executives (NOBLE).
 Hearing on Cyber Security: Protecting America's New Frontier 
        (Serial No. 112-  )
    On November 15, 2011, the Subcommittee held a hearing to 
become better acquainted with the importance of cyber security 
in general and help identify potential areas where improvement 
is needed in our security infrastructure together with possible 
legislative solutions. Testimony was received from Mr. Richard 
Downing, Deputy Chief of the Computer Crime and Intellectual 
Property Section, Criminal Division at the United States 
Department of Justice; The Honorable Michael Chertoff, Co-
Founder and Managing Principal at Chertoff Group; Mr. James 
Baker, Lecturer on Law at Harvard Law School; and Mr. Orin 
Kerr, Professor of Law at George Washington University.
           SUBCOMMITTEE ON IMMIGRATION POLICY AND ENFORCEMENT

   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

                    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 Activities


 Meeting to Adopt Rules of Procedure and Statement of Policy 
        for Private Immigration Bills and Statement of Policy on New 
        Federal Charters

    On March 10, 2011, the Subcommittee met to approve rules of 
procedure and a statement of policy for private immigration 
bills and a statement of policy on new federal charters.

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

    On April 5, 2011, the Subcommittee held a legislative 
hearing to consider H.R. 704, which eliminates the diversity 
immigrant visa program. At the hearing, 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. 112-39)

    On May 11, 2011, the Subcommittee held a legislative 
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.
    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.

 Hearing on H.R. 2164, the Legal Workforce Act (Serial No. 112-
        44)

    On June 15, 2011, the Subcommittee held a legislative 
hearing on H.R. 2164, at which testimony was received from The 
Honorable Ken Calvert, United States Congressman; Mr. Barry 
Rutenberg, First Vice Chairman of the Board, National 
Association of Home Builders; Mr. Craig S. Miller, Former 
Chairman, National Restaurant Association; Ms. Tyler Moran, 
Policy Director, National Immigration Law Center.
    H.R. 2164 Amends the Immigration and Nationality Act to 
direct the Secretary of Homeland Security (DHS) to establish an 
employment eligibility verification system (EEVS), patterned 
after the E-Verify system. (Eliminates the current paper-based 
I-9 system.)

 Hearing on H.R. 2497, the Hinder the Administration's 
        Legalization Temptation Act (Serial No. 112-50)

    On July 26, 2011, the Subcommittee held a legislative 
hearing on H.R. 2497, at which testimony was received from The 
Honorable David Vitter, United States Senator; Mr. Chris Crane, 
President, National ICE Council; Ms. Jessica Vaughan, Policy 
Director, Center for Immigration Studies; Ms. Margaret Stock, 
Adjunct Professor, University of Alaska Anchorage.
    H.R. 2497 suspends until January 21, 2013, authority under 
the Immigration and Nationality Act for: (1) waiver of 
inadmissibility of aliens unlawfully present in the United 
States; (2) cancellation of removal and adjustment of status 
for certain non-permanent residents; (3) temporary parole into 
the United States, except for parole entries for humanitarian, 
law enforcement, or security purposes; and (4) designation of a 
country for temporary protected status. It prohibits the 
Secretary of Homeland Security (DHS) from granting deferred 
action or extended voluntary departure to any alien until 
January 21, 2013, except for humanitarian, law enforcement, or 
security purposes.

 Hearing on H.R. 2847, the American Specialty Agriculture Act 
        (Serial No. 112-52)

    On September 8, 2011, the Subcommittee held a legislative 
hearing on the legislation, at which testimony was received 
from Mr. Lee Wicker, Deputy Director, North Carolina Growers 
Association; Mr. Chalmers Carr, President and CEO, Titan Farms, 
South Carolina; Mr. Dan Fazio, Director, Washington Farm Labor 
Association; Robert Williams, Director of Migrant Farmworker 
Justice Project, Florida Legal Services.
    H.R. 2847 amends the Immigration and Nationality Act to 
establish an H-2C nonimmigrant visa for an alien having a 
residence in a foreign country which he or she has no intention 
of abandoning and who is coming temporarily (10-month maximum 
per contract period) to the United States to perform 
agricultural labor or services.

 Markup of H.R. 1857, Private Bill for the relief of Bartosz 
        Kumor

    On Wednesday, October 5, 2011, the Subcommittee met to 
consider the private bill for the purpose of requesting a DHS 
departmental beneficiary report from U.S. Immigration and 
Customs Enforcement. At the meeting, the Subcommittee agreed by 
voice vote to uphold the motion to request a departmental 
report on the beneficiary. On October 6, 2011, the Subcommittee 
sent a letter to Director John Morton and officially requested 
that ICE provide a departmental report.

 Hearing on H.R. 2121, the China Democracy Promotion Act of 
        2011 (Serial No. 112-  )

    On November 2, 2011, the Subcommittee held a legislative 
hearing on H.R. 2121, at which testimony was received from The 
Honorable Christopher Smith, Member of Congress, 4th District 
of New Jersey; Ms. Chai Ling, Founder, All Girls Allowed; Ms. 
Ruth Wasem, Ph.D, Congressional Research Service, The Library 
of Congress, Washington, D.C.
    H.R. 2121 authorizes the President to deny U.S. entry to an 
alien who: (1) holds a position in the senior leadership of the 
government of the People's Republic of China (PRC), or is an 
immediate family member of such person; (2) through his or her 
business dealings with senior PRC leadership derives 
significant financial benefit from policies or actions that 
undermine democratic institutions in the PRC; (3) has 
participated in the PRC's coercive birth limitation policy; (4) 
has participated in the repression or persecution of Tibetans, 
Uyghurs, Mongolians, or other ethnic minority; (5) has 
participated in the trafficking of North Korean refugees; or 
(6) is a member of the PRC's security or law enforcement 
services and has participated in the repression or persecution 
of any individual in violation of such individual's human 
rights.

 Meeting to authorize the Chairman to issue a subpoena to the 
        Department of Homeland Security

    On November 2, 2011 the Subcommittee held a meeting to 
authorize the Subcommittee Chairman to issue a subpoena to the 
U.S. Department of Homeland Security. The subpoena sought 
materials requested by the Judiciary Committee Chairman on 
August 11, 2011. The Subcommittee voted favorably to adopt the 
resolution by a recorded vote of 7 to 4. The resolution was 
adopted pursuant to rule XI, clause 2(m)(1) and (3) of the 
rules of the U.S. House of Representatives.

                          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 to 
consider studies suggesting that immigrants have fared better 
than U.S. citizens with respect to obtaining new jobs during 
the recent economic recovery. 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, 2011, 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.

 Hearing on The Investor Visa Program: Key to Creating American 
        Jobs (Serial No. 112-54)

    On September 14 2011, the Subcommittee held a hearing on 
the Investor Visa Program which is designed to lure 
entrepreneurial talent and capital to the United States and to 
create American Jobs. The hearing touched on topics such as: 
the regional center pilot program and the proposal of a 
``start-up'' visa where foreign entrepreneurs would be granted 
conditional permanent residence to come to America to launch 
their businesses. Testimony was received from Mr. William 
Stenger, President & Chief Executive Officer, Jay Peak Resort, 
Jay, Vermont; Mr. Daniel Healy, Chief Executive Officer, 
Civitas Capital Group, Dallas, TX; Mr. Jason Mendelson, 
Managing Director, Foundry Group, Boulder, CO; Mr. Shervin 
Pishevar, Managing Director, Menlo Ventures, Menlo Park, CA.

 Hearing on STEM the Tide: Should America Try to Prevent an 
        Exodus of Foreign Graduates of U.S. Universities with Advanced 
        Science Degrees? (Serial No. 112-  )

    On October 5, 2011, the Subcommittee held a hearing to 
discuss the issue of granting green cards to foreign students 
who graduate from American Universities and hold degrees in the 
STEM fields--science, technology, engineering and math. 
Testimony was received from Ms. Darla Whitaker, Senior Vice 
President, Worldwide Human Resources, Texas Instruments; Mr. 
Vivek Wadhwa, Director of Research, Center for Entrepreneurship 
and Research Commercialization; Dr. B. Lindsay Lowell, Ph.D, 
Director of Policy Studies, Institute for the Study of 
International Migration, Georgetown University; Mr. Barmak 
Nassirian, Associate Executive Director, American Association 
of Collegiate Registrars and Admissions Officers, Washington, 
DC.

 Hearing on the U.S. Immigration Customs Enforcement: 
        Priorities and the Rule of Law

    On October 12, 2011, the Subcommittee held a hearing on the 
level and focus of the U.S. Immigration and Customs 
Enforcement's enforcement and removal operations and Secure 
Communities strategy. Testimony was received from two panels. 
The first panel was Mr. John Morton, Director, U.S. Immigration 
and Customs Enforcement. The second panel was Mr. Chris Crane, 
President, National ICE Council; Mr. David B. Rivkin, Jr., 
Partner, Baker & Hostetler, LLP, Washington, DC; Mr. Ray 
Tranchant, Director, Advanced Technology Center, Tidewater 
Community College; Mr. Paul Virtue, Partner, Baker & McKenzie 
LLP.

 Hearing on Is Secure Communities Keeping our Communities 
        Secure? (Serial No. 112-  )

    On November 30, 2011, the Subcommittee held a hearing on 
the Secure Communities program. Testimony was received from Mr. 
Gary Mead, Executive Associate Director, Enforcement and 
Removal Operations, U.S. Immigration and Customs Enforcement, 
U.S. Department of Homeland Security; Ms. Julie Myers Wood, 
President, ICS Consulting; Sheriff Sam Page, Chief Law 
Enforcement Officer, Rockingham County, North Carolina; Mr. 
Arturo Venegas, Project Director, Law Enforcement Engagement 
Initiative.
  SUBCOMMITTEE ON INTELLECTUAL PROPERTY, COMPETITION, AND THE INTERNET

 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
                                     TOM MARINO, Pennsylvania
                                     SANDY ADAMS, Florida
                                     MARK AMODEI, Nevada

                    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-
        35)

    On March 30, 2011, the Subcommittee held a legislative 
hearing on H.R. 1249, 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.
    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. H.R. 1249 represents the most comprehensive 
overhaul of the US Patent Act since 1836. The project took six 
years to complete and was largely occasioned by the 
proliferation of patent infringement lawsuits brought by ``non-
practicing entities'' or ``trolls'' (that is, individuals or 
entities that do not commercialize their patented inventions). 
The major provisions of the new statute include awarding a 
patent to the inventor who first files an application with the 
US Patent and Trademark Office (USPTO); authorizing the USPTO 
Director to adjust the patent fee schedule with appropriate 
congressional oversight; ensuring that future USPTO fee revenue 
is not diverted to non-agency use; allowing the USPTO to review 
the patentability of business-method patents; shielding patent 
holders from questionable ``false-marking'' lawsuits; and 
revising the USPTO post-grant review procedures to address 
patentability claims.

 Hearing on H.R. 2511, the Innovative Design Protection and 
        Piracy Prevention Act (Serial No. 112-46)

    On July 13, 2011, the Subcommittee held a legislative 
hearing to evaluate the merits of H.R. 2511 and to determine 
whether the American fashion design industry needs sui generis 
copyright protection to prosper. Advocates of greater fashion 
design protection and the bill argue that cutting edge fashion 
designs are easily copied by third parties who can produce 
knock-off items at greatly reduced cost. Critics maintain that 
the fashion industry has always thrived on imitation that gives 
way to the next fashion; besides, they fear that H.R. 2511 and 
other attempts to provide statutory protection for fashion 
designs will generate litigation and diminished sales of 
clothes and other fashion articles.
    The Subcommittee heard witness testimony from Jeannie Suk, 
Professor of Law, Harvard Law School; Kurt Courtney, on behalf 
of the American Apparel & Footwear Association; Lazaro 
Hernandez, designer, Proenza Schouler; and Christopher 
Sprigman, Professor of Law, the University of Virginia School 
of Law.

                          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)

    On February 11, 2011, the Subcommittee held a hearing 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)

    On February 15, 2011, the Subcommittee held a hearing 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. 112-33)

    On March 1, 2011, the Subcommittee held a hearing to 
receive testimony 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)

    On March 9, 2011, the Subcommittee held a hearing 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 (Serial No. 112-  
        )

    On March 14, 2011, the Subcommittee held a hearing 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.

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

    On April 1, 2011, the Subcommittee held a hearing to 
receive the testimony of 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 Boerse 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 Promoting Investment and Protecting Commerce 
        Online: Legitimate Sites v. Parasites, Part II (Serial No. 112-  
        )

    On April 6, 2011, the Subcommittee held a second hearing on 
the issues discussed at its March 14 hearing. 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 ICANN Generic Top-Level Domains (gTLD) (Serial No. 
        112-37)

    On May 4, 2011, the Subcommittee held a hearing 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. 112-40)

    On May 5, 2011, the Subcommittee held a hearing on net 
neutrality and antitrust issues. 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. 112-38)

    On May 25, 2011, the Subcommittee held a hearing 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. 112-45)

    On May 26, 2011, the Subcommittee held a hearing 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.

 Hearing on Competition and Consolidation in Financial Markets: 
        The NYSE-Deutsche Boerse Merger (Serial No. 112-42)

    On June 13, 2011, the Subcommittee held its second hearing 
on the proposed merger between the New York Stock Exchange 
(NYSE) and Deutsche Boerse. If consummated, the merger would 
give Deutsche Boerse 60 percent ownership of the company that 
will own the NYSE. The hearing provided the merging companies 
to respond to the issue and concerns that have been raised in 
the public discussion of the merger and during the 
Subcommittee's first hearing. The Subcommittee expressed 
concern over the possibility that the merger might threaten the 
robust competition in securities exchange markets that have 
reduced trading costs over the previous 20 years.
    The Subcommittee heard witness testimony from Larry 
Leibowitz, Chief Operating Officer, NYSE Euronext; and Gary 
Katz, President and CEO of the International Securities 
Exchange, on behalf of the Deutsche Boerse Group.

 Hearing on The Proposed Merger Between Express Scripts and 
        Medco (Serial No. 112-58)

    On September 20, 2011, the Subcommittee held a hearing to 
examine Express Scripts' proposed acquisition of MedCo Health 
Solutions (MedCo). The merger was announced on July 21, 2011. 
Express Scripts is paying $29.1 billion for MedCo. The merger 
is expected to receive intense scrutiny from the Federal Trade 
Commission (FTC).
    Both companies are pharmacy benefit managers (PBMs) that 
contract to administer prescription drug benefit plans for 
employers, insurers, unions, pension funds, the government, and 
other health care providers. The proposed merger would create a 
company involved in about one-third of the prescription drug 
transactions in the United States. The company would also be 
the third largest pharmacy in the country. Buyers of PBM 
services have indicated unease with the merger.
    The Subcommittee heard witness testimony from George Paz, 
CEO, Express Scripts; David Snow, CEO, MedCo; Joseph Lech, 
independent pharmacist, Tunkhannock, Pennsylvania; and Dennis 
Wiesner, Senior Director of Privacy, Pharmacy, and Governmental 
Affairs, H-E-B, on behalf of the National Association of Chain 
Drug Stores.

                                  
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