Modernization of the Antitrust Laws The Committee will examine whether the antitrust laws need modernization in light of the New Economy. This will include examination of the intersection of antitrust law and intellectual property law as well as the application of antitrust law in the international realm. The Committee will also consider whether the antitrust laws need any technical corrections or updates.

Agriculture Industry The Committee will continue to consider antitrust problems in the agriculture industry including dairy compacts and concentration in the agricultural packing and processing industries.

III. Hart-Scott-Rodino Act Reforms The Committee will review the implementation of the recent changes to the merger review process under the Hart-Scott-Rodino Act. The Committee will also consider whether filing fees under the Hart-Scott-Rodino Act will provide adequate funding for the antitrust enforcement agencies if mergers decrease or whether the agencies ought to be funded out of general revenues.

IV. Electricity Deregulation The Committee will conduct hearings on the antitrust implications of proposed electricity deregulation legislation.

Transportation Industries The Committee will continue to consider antitrust problems in various transportation industries including airline mergers, the ocean shipping antitrust exemption, and the placement of antitrust authority in the Surface Transportation Board.

VI. Telecommunications Industry The Committee will continue to review the implementation of the Telecommunications Act of 1996, including efforts to speed the delivery of broadband services to all Americans.

General Oversight of the Antitrust Enforcement Agencies The Committee will continue its tradition of holding a general oversight hearing on the antitrust enforcement agencies during each Congress.

Department of Justice Authorization The Committee will aggressively concentrate on an overall review of the Department of Justice with the engagement by the Subcommittees with the Department components that are specifically under their jurisdiction.

Budget and Programmatic Oversight The Committee will coordinate and oversee routine budget and programmatic oversight by each Subcommittee of the departments and agencies under the jurisdiction of the Committee, with particular emphasis on compliance with the Results Act. Also, under review will be issues within the Committee’s jurisdiction noted in GAO’s High Risk List, GAO’s Major Management Challenges and Program Risks, and the relevant agency Inspectors General list of top ten major management problems. Of particular focus will be the Department of Justice’s Office of Justice Programs.

The Hyde Amendment The Committee may conduct oversight regarding the invocation and implementation of the Hyde Amendment, which passed in the 105^th Congress and allows a defendant in a Federal prosecution to be reimbursed for legal expenses when the government’s prosecution is found to be vexatious.

XI. Government Surveillance of Electronic Communications The development of the Internet and growth in the amount of information now stored with third party service providers have produced a qualitative change in the nature and amount of information that may be obtained by the government. The Committee will examine whether existing procedures protecting citizens from unreasonable searches under the Fourth Amendment appropriately balance the concerns of law enforcement with individuals’ concerns for privacy.

XII. Electoral Reform - Hearings on election irregularities and proposals to reform the electoral process and to protect voting rights.

XIII. Hate Crimes A hearing on the ability of federal law enforcement to prosecute hate crimes and to enhance the ability of federal law enforcement to provide assistance for the state and local prosecution of such crimes.

XIV. Gun Legislation Hearings to consider measures to address gun violence and the effectiveness of current gun laws.

XV. Digital Divide Hearings on the "digital divide" – the divide between those with access to new technologies and those without.

XVI. Criminal Copyright Enforcement Department of Justice (DOJ) oversight hearings regarding the relative dearth of prosecutions of Internet copyright infringers.

XVII. Whistleblowers Hearings regarding whistleblowers in the Federal Government.

SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW 

The Subcommittee has jurisdiction over legislation affecting the rulemaking and adjudicatory procedures of Federal agencies. GAO statistics indicate that 15,280 agency rules were promulgated between 1996 and 1999. In 1999, Federal agencies issued 58 "major" rules, defined as rules having an annual effect of $100 million or more on the national economy. Oversight of the administrative process will continue to be an important aspect of the Subcommittee’s oversight agenda during the next Congress.

A. Role of Congress in Creating Regulatory Burden The GAO issued a report concluding that Congress bears responsibility for the general increase in burdensome regulation. During the next session, the Subcommittee expects to conduct a hearing analyzing how Congress might react to this increase.

B. Administrative Taxation Congress has plenary power to raise taxes. Agency rules that raise taxes or have the effect of raising taxes might interfere with this Congressional authority. During the 106^th Congress, the Subcommittee held a hearing on H.R. 2636, the "Taxpayer’s Defense Act," a bill which requires Congress to affirmatively assent to agency rules that have the effect of establishing or raising taxes. A hearing was also held on H.R. 881, the "Regulatory Fair Warning Act of 1999." H.R. 881 would prohibit a Federal agency or Federal court from imposing a sanction for the violation of agency rules that are not published or that are not known or knowable after reasonable, good faith investigation. During the next Congress, the Subcommittee expects to continue to investigate agency rules or adjudicatory findings that serve to raise taxes.

C. Congressional Review Act The Congressional Review Act (CRA) provides a legislative mechanism for Congress to invalidate proposed agency rules. While no agency rules have heretofore been invalidated under the legislation, a considerable number of rules were proposed towards the end of the Clinton Administration which aroused some interest and controversy. As in prior Congresses, the Subcommittee will continue to alert congressional staff about the existence of the Act as well as the procedural requirements which underlie its effective implementation.

D. Judicial Review of Regulatory Flexibility Act In 1996, the Small Business Regulatory Enforcement Fairness Act (SBREFA) amended the Regulatory Flexibility Act to grant judicial review to small businesses affected by an agency’s failure to perform a Regulatory Impact Analysis (RIA) of proposed rules. Subsequently, the Environmental Protection Agency issued National Ambient Air Quality Standards for ozone and particulate matters without performing an RIA. Pursuant to the judicial review provisions in SBREFA, the EPA action was challenged in court. The case (American Trucking Associations v. EPA) was argued in the Court of Appeals for the D.C. Circuit in December of 1998. A three-judge panel remanded the EPA rules. The Supreme Court granted certiorari on May 22, 2000, and the case was argued on November 7, 2000. The Subcommittee anticipates an oversight hearing into administrative and constitutional aspects of the nondelegation doctrine during the next Congress. Depending on the Court’s decision, the Subcommittee also expects to consider reviewing the judicial review provisions of SBREFA.

E. Agencies as Independent Political Actors The Subcommittee expects to continue to research the extent to which agencies compete for policymaking primacy with the legislative branch. Agency practices that the Subcommittee might consider include: implementation of policies that Congress has considered and declined to effectuate; use of consent decrees to achieve policy goals that lack any legislative basis; efforts to impose rules or regulations under consideration by Congress; use of agency resources to influence the legislative process; and attempts by agencies to ignore or circumvent statutory requirements imposed by Congress. The Subcommittee anticipates conducting a hearing into this area during the 107th Congress, as well as engaging in continuing oversight in this area.

F. Executive Orders The executive order is a well known instrument employed by Presidents to manage the affairs of the executive branch. While most are routine and noncontroversial, others raise questions concerning the separation of powers between the branches. During the 106^th Congress, the Subcommittee conducted a hearing on executive orders which examined their increasing use as well as constitutional questions surrounding their issuance. During the hearing, the Subcommittee considered H.R 2655, the "Separation of Powers Restoration Act;" H.R. 3131, the "Presidential Order Limitation Act of 1999;" and H. Con. Res. 30. While none of these measures were reported, many Members expressed a shared recognition that compromise legislation in this area was likely to garner bipartisan support during the 107^th Congress. The Subcommittee anticipates continued oversight in this area.

II. Agencies

A. Legal Services Corporation The Subcommittee has authorizing jurisdiction over several executive and agency entities, perhaps the most notable of which is the Legal Services Corporation, which has not been reauthorized since 1980. During the 106^th Congress, the Subcommittee held an oversight hearing on allegations that the corporation over-counted the number of cases which its grantees reported to Congress. As a result of that hearing, LSC representatives stated that the corporation would implement procedures to improve the reliability of LSC case reporting statistics and additionally undertake other measures intended to ensure its compliance with congressional restrictions. It is anticipated that the Subcommittee will continue to monitor LSC’s progress on this and other issues during the 107^th Congress.

B. Other Agencies In addition to the Legal Services Corporation, the Subcommittee has authorization responsibility for several other federal entities, including the Office of Solicitor General, the Executive Office for United States Trustees, the Executive Office for United States Attorneys, the Environment and Natural Resources Division of the Department of Justice and the Federal bankruptcy court system. The Subcommittee conducted hearings and engaged in oversight of these entities during the previous two Congresses and anticipates continuing and increasing that effort, involving staff investigation, monitoring and additional hearings.

III. Interstate Compacts

The Constitution requires that the Congress approve compacts or agreements between two or more states in order to assure these will not adversely impact Federal interests or those of other States. The Subcommittee has approved numerous compacts during the past two Congresses which were enacted into law and it expects to engage in oversight to determine whether the process whereby states seek congressional approval is being observed. This may include travel to various States, as for example it did during consideration of the Red River Boundary compact (H.J. Res. 72) during the 106^th Congress when staff met in Austin, Texas, with representatives of Texas, Oklahoma and several Indian tribes and nations.

IV. Bankruptcy

The Subcommittee has jurisdiction of the Bankruptcy Code (11 U.S.C. 101 et seq.) and related provisions codified in titles 18 and 28 of the United States Code. In addition, the Subcommittee has jurisdiction over bankruptcy judgeships. During the 106^th Congress, the Subcommittee held four hearings on bankruptcy reform and oversight hearings on the need for additional bankruptcy judgeships and the Bankruptcy Code’s provisions with respect to governmental regulatory actions. Bankruptcy reform legislation passed both houses, and was the subject of a pocket veto on December 19, 2000. Additional matters that may be considered by the Subcommittee in the next session, include the impact of state sovereign immunity on Congress’ bankruptcy jurisdiction, privacy issues, and whether there is any need to amend the Bankruptcy Code with respect to issues presented by the Internet.

A. FCC licenses in bankruptcy The Federal Communications Commission has asserted that the jurisdiction of the Bankruptcy Code, and the automatic stay, do not apply to its decision to revoke spectrum licenses for cellular telephone providers. The Subcommittee will continue hearings on this issue which began during the 106^th Congress.

B. Family farmers in bankruptcy A hearing on Ch. 12 of the Bankruptcy Code.

C. Creditor abuse/ Predatory lending practices in bankruptcy A hearing on predatory lending practices.

V. State Taxation Affecting Interstate Commerce The Subcommittee has jurisdiction over State taxes that affect interstate commerce. The Subcommittee anticipates continuing oversight of this area during the 107^th Congress.

A. Internet Taxation In 1998, Congress passed the Internet Tax Freedom Act (ITFA), which imposed a three-year moratorium on Internet access, multiple, and discriminatory taxes on electronic commerce. This moratorium is scheduled to expire in October of this year. The legislation also created a 19-member Advisory Commission on Electronic Commerce to examine, among other things, the effect of State and local taxes on Internet commerce. The Subcommittee anticipates conducting oversight hearings to examine the effectiveness of the ITFA and to consider the impact this legislation is having on electronic merchants as well as traditional, brick and mortar retailers, as well as revenue aspects of current taxing limitation on State and local governments.

B. Constitutional Aspects of State Taxation of E-Commerce The Subcommittee expects to conduct an oversight hearing on constitutional aspects of state taxation of the Internet. Such a hearing would specifically examine constitutional limitations on state power to tax remote vendors that lack a "substantial nexus" in the taxing state (Quill v. North Dakota, 504 U.S. 298 (1992)), as well as examine the efforts of States to move toward a uniform sales and use compact.

VI. Specific Statutory Oversight

A. Federal Debt Collection Act The Subcommittee has jurisdiction over Federal debt collection and anticipates oversight in this area of responsibility, including the operation of the Federal Debt Collection Act of 1990 and other aspects of Federal debt collection.

B. Contract Disputes Act The Subcommittee has jurisdiction over the Contract Disputes Act (41 U.S.C. 601 et seq.) enacted into law in 1978 in response to recommendations made by a Federal commission on procurement. The Subcommittee anticipates oversight of the operation of the Act to determine how well it has achieved its purpose and to evaluate the performance of the Board of Contract Appeals.

C. Negotiated Rulemaking Act The Subcommittee has jurisdiction over the Negotiated Rulemaking Act (5 U.S.C. 581 et seq.) and anticipates conducting hearings to determine how effectively the statute is being implemented and the degree of its utilization by agencies.

D. Administrative Dispute Resolution Act The Subcommittee has jurisdiction over the Administrative Dispute Resolution Act (5 U.S.C. 571 et seq.). It anticipates oversight hearings to determine the effectiveness of the dispute resolution procedures authorized under the statutes.

E. Administrative Procedure Act The Subcommittee has jurisdiction over the Administrative Procedure Act (5 U.S.C. 551 et seq.) and other legislation affecting the rulemaking and adjudicatory procedures of Federal agencies, including the Congressional Review Act and the Regulatory Flexibility Act. The Subcommittee anticipates oversight

hearings into these areas to determine whether the APA and accompanying legislation can be improved, rationalized, and streamlined. The Subcommittee expects also to examine if procedural safeguards contained in the APA are being observed and whether amendments and additional statutory protections are advisable.

F. Federal Arbitration Act The Subcommittee has jurisdiction over the Federal Arbitration Act (9 U.S.C. 1 et seq.) originally enacted in 1925 to facilitate and encourage the enforcement of arbitral agreements. The Subcommittee anticipates oversight of the operation of the Act to assess how well it has achieved its intended purposes. Hearings will be scheduled as warranted.

G. Voluntary Arbitration Hearings on mandatory arbitration clauses found in franchise agreements.

SUBCOMMITTEE ON THE CONSTITUTION

I. Civil Rights Division, U.S. Department of Justice Hearings will be necessary to consider the enforcement record, priorities, and authorization request of the Civil Rights Division. The Subcommittee will focus on the Division’s activities in the areas of education, employment, credit, housing, public accommodations, and federally funded and conducted programs.

The Subcommittee will specifically examine the implementation/enforcement and impact of pending school desegregation cases, title VII of the Civil Rights Act of 1964, and the Voting Rights Act of 1965.

II. United States Commission on Civil Rights The United States Commission on Civil Rights is intended to serve as an independent, bipartisan fact-finding agency. The Subcommittee plans to examine the operation of the Commission.

III. Congressional Authority Under the Commerce Clause In light of recent Supreme Court decisions limiting Congress’ authority to enact legislation under the Commerce Clause, the Subcommittee plans to consider the boundaries of the Commerce Clause and the importance of such boundaries to our federalist system.

IV. Property Rights The Subcommittee plans to consider the state of the protection and enforcement of property rights.

Office of Government Ethics The Subcommittee will consider the priorities, operation and authorization request for the Office of Government Ethics.

Community Relations Service The Subcommittee will consider the operation of the Community Relations Service.

VII. Pardoning Powers The Subcommittee will consider the Founders’ intent in granting the President Article II pardoning powers. The Subcommittee will examine the original purpose of this provision and, the history of its use.

VIII. Religious Liberty The Subcommittee will consider the federal role in the protection of the free exercise of religion, and the separation of church and State, including charitable choice.

IX. Environmental Justice A hearing to examine the enforcement of Title VI of the Civil Rights Act of 1964 by the U.S. Environmental Protection Agency, Office of Civil Rights.

X. Re-enfranchisement of Ex-Offenders Hearings on whether persons who have been released from incarceration should have the right to vote in Federal elections.

SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY

I. The Federal Judicial System

The Subcommittee will continue to devote considerable time and resources to improving the delivery of justice by Federal and State Courts.

The Subcommittee has oversight responsibility for three entities located within the Federal Judicial Branch: (1) the Judicial Conference of the United States; (2) the Administrative Office of the U.S. Courts and (3) the Federal Judicial Center. The Subcommittee also has jurisdiction over the Federal Rules Enabling Act and the Advisory Committees on Civil Rules, Appellate Rules and Rules of Evidence.

A. The Judicial Conference of the United States In 1922, Congress created Conference of Senior Circuit Judges which today is known as the Judicial Conference of the United States. The Conference is the policy making body of the Federal Judiciary. The Subcommittee plans to hold oversight hearings on the Judicial Conference’s role and that of the U.S. Supreme Court in developing recommended changes under the Rules Enabling Act.

B. Administrative Office of the U.S. Courts The Administrative Office of the U.S. Courts was created by Congress in 1939, and assigned the responsibility for administrative duties for the Federal Courts, including preparation of the Judiciary’s budget, gathering of statistics for the judicial branch, and implementing the policies of the Judicial Conference. The Subcommittee plans to hold an oversight hearing on the Federal Judicial Branch and the functioning of the Administrative Office.

C. Federal Judicial Center In 1967, the Federal Judicial Center was established within the judicial branch of government and given the responsibilities over research, judicial education and system development. The Subcommittee plans to hold an oversight hearing on the research, support and automation plans of the Federal judiciary.

D. The Federal Judiciary’s Courthouse Construction Program There has been a substantial increase in Federal Courthouse construction. The Subcommittee plans to hold an oversight hearing on cost overruns in courthouse construction projects.

E. Judicial Councils Reform and Judicial Conduct and Disability Act The proper operation of the Judicial Councils Reform and Judicial Conduct and Disability Act, 28

U.S.C.§372, depends on the willingness of judges to police their colleagues. The Subcommittee may, in the next Congress, review the operation and effectiveness of this statute.

F. Nonpublication of federal opinions During an oversight hearing in the 106^th Congress regarding the size and operations of the 9^th Circuit, the Subcommittee learned that some opinions in that Circuit are not published. The Circuit’s defense is that it is attempting to implement creative administrative practices that will generate resource savings, and involves only "easy-to-decide" cases for which there is clear and ample precedential authority. Still, the notion of not providing an explanation as to why an affected litigant actually lost a Federal case may not square with fundamental notions of due process. This issue needs to be considered in all judicial circuits.

G. Federal Judiciary Workload and Backlog Hearings to investigate the workload and backlog of the Federal judiciary.

II. The U.S. Copyright System

The Subcommittee will continue to devote considerable time to oversee the operation of the copyright system in a world of ever changing technology. It is vital to the protection of our creative incentives that the Subcommittee be vigilant in its exercise of its jurisdiction to carry out its constitutional mandate to "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries[.]" (Art. I Sec. 8. cl. 8)

A. The U.S. Copyright Office The Subcommittee has oversight responsibilities over the operation of the U.S. Copyright Office, which is part of the Library of Congress. The Copyright Office has a number of responsibilities, from collecting and distributing copyright royalties to registering and granting certificates of copyrights to thousands of people each year. The Subcommittee will conduct an oversight hearing on the changing needs and efficient operation of that office.

B. Funding Last term the Copyright Office very nearly lost a sizable portion of its budget to other programs within the Library of Congress. The Subcommittee wants to revisit how the Office spends its budget, and what are the long-term consequences for the Office, the Congress, and the economy if the Office actually sustains massive cuts in the future.

C. Digital Millennium Copyright Act Hearings to assess the operations of the DMCA in light of ensuing litigation and major developments in technology since its enactment.

D. Infringement Detection Technology Oversight hearings into the monitoring and detection of intellectual property infringements online.

III. U.S. Patent and Trademark Systems

A. U.S. Patent and Trademark Office (PTO) is part of the Department of Commerce and the Subcommittee has oversight responsibilities for its authorization and its operation. The PTO is responsible for the examination and issuance of U.S. Patents and Trademarks. It is also responsible for the international negotiations with other intellectual property authorities, such as the European Patent Office and the Japanese Patent Office. The Subcommittee will hold oversight hearings on the operations of the PTO. This will be part of a continuing review.

B. Single, Low-Cost World Patent The cost to U.S. companies and inventors of applying for and obtaining separate patents in each of 150 or more countries is prohibitive. In developing countries and even in Europe, patent fees are at such high levels that they constitute a tax on innovation. European government fees to obtain and maintain a patent are more than ten times the fees in the U.S. In addition, the expense of retaining separate patent attorneys or agents in each foreign country is burdensome and expensive. The United States could take a leadership role in negotiating an agreement under which countries would give full faith and credit to patents granted by an international organization or one of the three largest patent offices in the world– the U.S. Patent Office, the European Patent Office, or the Japanese Patent Office. Countries giving full faith and credit would charge a minimal fee for patenting in that country, and it would be unnecessary to retain separate patent attorneys or agents to obtain a patent in that country. The obstacles to negotiating and implementing such an arrangement would be formidable, but a single low-cost world patent is the best long-term approach to obtaining effective world-wide patent protection for U.S. companies and inventors.

C. USPTO operations: computer system and relocation The USPTO is becoming more of an online and electronic agency, especially with the development of its "East-West" computer system; however, some examiners have complained about the system and their preference for maintaining paper files.

In addition, the USPTO recently undertook a groundbreaking ceremony in Alexandria, Virginia, for its new 2-million square foot facility that will centralize its operations. The Subcommittee will want to review the construction and furbishment of the new building. The facility will be completed by 2003 or 2004.

D. Diversion of USPTO revenue and its effects on agency and the economy The USPTO became a completely fee-funded agency pursuant to the budget reconciliation act passed in 1990. Since 1992, however, nearly $600 million in fee revenue has been diverted by congressional appropriators (with the support of both Republican and Democratic administrations) to other programs. The Subcommittee will want to explore in detail the consequences of this practice, both for the agency and the inventor community.

E. Commerce Inspector General report items The Commerce IG Semiannual Report, released in September 2000, enumerated the following items of concern and interest to the Subcommittee: "inadequate" internal controls over personnel documents and other official files, miscellaneous problems within the Office of Legislative and International Affairs (OLIA) (training efforts, control over agency requests for analysis, monitoring of developing country compliance with relevant international treaty obligations), and the necessity for improved internal controls within the Office of Human Resources.

F. Business Method Patents Hearings regarding the proliferation of business method patents. Concerns exist about the quality of such patents, and the effects they will have on innovation both in software and Internet developments. The PTO has undertaken an initiative to address these concerns, and the efficacy of this initiative will be explored.

G. Gene Patents Hearings into issues related to genetic and biotechnology patents. The PTO recently issued its utility guidelines for gene patents, and the Subcommittee should hear both from the PTO and relevant communities about the substance and effect of these guidelines. Further, the Subcommittee will follow up on concerns expressed at a hearing during the 106th Congress that gene patents are dissuading and/or negatively impacting basic research in the genetics field.

SUBCOMMITTEE ON CRIME

I. The War on Drugs

A. Interdiction The Subcommittee on Crime will continue its review of the U.S. drug interdiction effort. With the passage of the "Western Hemisphere Drug Elimination Act" in the 105^th Congress and the corresponding appropriation of resources in the 106^th Congress, federal law enforcement has been given new tools for combating drug trafficking in the source countries and the transit zone.

B. Major International Drug Traffickers The Subcommittee will continue to examine the Federal law enforcement effort at identifying and apprehending those who conspire to import controlled substances into the U.S., with particular focus on the Drug Enforcement Administration’s priorities.

C. Mandatory Minimums Hearings on the disparity in punishment for those who violate drug laws, as well as the impact of mandatory minimum penalties.

II. Prisons

A. The Prison Litigation Reform Act (PLRA) The Subcommittee will continue to review the implementation of the PLRA as it is enforced and litigated around the country.

B. Federal Assistance to Build State Prisons The Subcommittee will continue to monitor the Justice Department’s distribution of Violent Offender Incarceration grants to the States.

III. Federal Assistance to State and Local Law Enforcement The Subcommittee will continue to monitor the Justice Department’s implementation of the Local Law Enforcement Block Grant program and the COPS programs.

IV. Brady Act The "Brady Handgun Violence Prevention Act of 1994" required the FBI to develop and operate a national, point-of-sale, criminal background check system for all firearms purchases by federally licensed dealers. The Subcommittee will monitor the operations of the instant check system, particularly with regard to issues involving the timeliness and accuracy of checks, the adequacy of State recordkeeping procedures, the extent to which additional background check time prevents criminals from obtaining firearms, and the extent to which citizens legally entitled to purchase firearms are denied or delayed by the system. The Subcommittee will also review the practice of federal law enforcement regarding prosecuting attempted firearms purchases by prohibited purchasers.

V. The Federal Bureau of Investigation (FBI) As the largest Federal law enforcement agency, the FBI will be the subject of much of the Subcommittee’s oversight activities. Among the areas of inquiry will be a review of the expansion of the staffing and budget allocated to the FBI’s National Security Division and its presence overseas through its legal attache offices, a review of its counter-terrorism activities, a review of the increase in staffing and expenditures for investigations of crimes committed by computers, the FBI’s handling of confidential communications, and an examination of intelligence collection capabilities and activities and its coordination of these activities with other aspects of the intelligence community.

VI. The Federal Bureau of Prisons (BOP) The Subcommittee will conduct extensive oversight of the management practices of the BOP in the 107th Congress. Attention will be given to issues relating to privatization of prison operations, drug treatment in prison, medical care in prisons, conditions for prisoners, prison overcrowding, the use of administrative maximum security housing units and facilities, and the Federal prison industries program.

VII. The United States Secret Service The Subcommittee will conduct oversight of the United States Secret Service concerning the extent of its protective function for the President and Vice President, their families, retired Presidents, and foreign dignitaries. Special emphasis will be paid to the use by the Secret Service of new authority granted to it in the 106th Congress by the Presidential Threat Protection Act of 2000. The Subcommittee will also continue to monitor the enforcement by the Secret Service of two new laws passed in the 105^th Congress: the "Wireless Telephone Protection Act of 1998," and the "Identity Theft and Assumption Deterrence Act of 1998."

U.S. Marshals Service The Subcommittee will review the mission and operations of the U.S. Marshals Service, closely considering the allocation of resources as it relates to fugitive apprehension and court security.

IX. U.S. Sentencing Commission The Subcommittee will review the mission and operations of the U.S. Sentencing Commission.

U.S. Parole Commission The Subcommittee will review the work of the U.S. Parole Commission. The Subcommittee will consider the increase in the workload of the Commission caused by its assuming responsibility for parole decision for persons sentenced to indeterminate periods of incarceration by the District of Columbia government, the effect of this increase on parole decisions, and its impact of staff workload. The Subcommittee will also consider whether and to what extent Federal offenders sentenced prior to 1987 are incarcerated for longer periods than those sentenced for similar crimes after that date.

XI. Restitution The Subcommittee will work with the General Accounting Office to determine whether restitution orders are being adequately enforced.

XII. Juvenile Justice The Subcommittee will continue to review the Justice Department’s implementation of the juvenile accountability incentive grant program funded by the last two Congresses.

XIII. Domestic Terrorism The Subcommittee may conduct oversight and hearings regarding our national laws and strategy for combating domestic terrorism, including the Department of Justice’s plans and capabilities to deal with domestic terrorism threats.

XIV. International Law Enforcement Training The Subcommittee will examine the efficiency and effectiveness of the various international law enforcement training programs that are administered around the world by the Departments of Justice and State. These programs are used to train police, prosecutors and judges in foreign countries, especially emerging democracies. Questions persist as to whether Justice and State are cooperating effectively and whether limited resources are distributed in a manner that best reflects our national interests.

XV. Death Penalty Hearings on the Federal and State   administration of the death penalty.

XVI. Law enforcement accountability Hearings on incentives for local police organizations to ensure that incidents of misconduct will be minimized.

XVII. Racial Profiling Hearing on the enhancement of training programs for law enforcement officers and data collection concerning encounters between civilians and federal, state and local law enforcement agencies.

XVIII. Re-entry of Ex-Offenders Programs Hearing on programs designed to improve employment, citizenship and reduce recidivism rates for prisoners re-entering their communities after incarceration.

XIX. Crime Prevention Hearings on initiatives to promote forms of crime prevention including that against seniors.

XX. Implementation of the Violence Against Women Act (VAWA) A hearing focused on the implementation of VAWA and the structure of the office within the Department of Justice. The hearing will also review the need to restore the ability of victims of gender-motivated violence to sue their assailants in federal court.

XXI. Medical Marijuana Hearings on state medical marijuana initiatives.

SUBCOMMITTEE ON IMMIGRATION AND CLAIMS

A. INS Restructuring/Management The Subcommittee expects to conduct hearings on management problems in the Immigration and Naturalization Service and proposals to restructure the agency to enable it to more effectively carry out its missions.

B. Agenda of Incoming Administration The Subcommittee expects to conduct hearings on the agenda of the incoming INS commissioner.

C. Progress of Incoming Administration The Subcommittee expects to conduct two sets of hearings, separated by about a year, on the implementation of the INS Commissioner’s agenda.

A. Guestworkers The Subcommittee expects to conduct hearings on the advisability of creating new guestworker programs, both for agricultural employers and the business community more generally. The hearings will examine the labor needs of American employers, the need for alien labor, and the impact of new guestworker programs on American workers and on the control of illegal immigration.

B. Immigrant "Quality" The Subcommittee expects to conduct hearings on 1) the impact of low-skilled immigrants on American workers, 2) the workforce needs of American employers in the 21^st century, and 3) various methods to make our legal immigration system more responsive to the workforce needs of American employers in the 21^st century.

A. Temporary Protected Status The Subcommittee expects to conduct hearings on the use by the Attorney General of temporary protected status for nationals of certain countries during "emergency" conditions in their countries. In particular, the Subcommittee will examine the extent to which national’s covered by a TPS program return to their home country, remain in the U.S. legally, or remain in the U.S. illegally, after the emergency conditions cease to exist.

B. Legal Immigration Family Equity Act The Subcommittee expects to conduct hearings on the effects of the LIFE Act included in the Commerce, Justice and State Departments appropriations bill for fiscal year 2001, as amended, and more generally on the backlogs for family sponsored preference visas.

C. Student Visas The Subcommittee expects to conduct hearings on 1) the use of student visas by foreign nationals from countries designated as sponsors of terrorism, 2) the use of student visas by foreign nationals for the purpose of espionage, 3) the status of the Immigration and Naturalization Service’s pilot program to track college students from foreign countries, and 4) the advisability of loosening restrictions on the availability of student visas to attend public high schools.

D. Investor Visa Program The Subcommittee expects to conduct hearings on recent INS changes to the Investor Visa Program (granting permanent residence to foreign nationals investing a certain amount into U.S. enterprises and creating a certain number of jobs for American workers) and INS policy retroactively denying certain foreign national investor visas for which they initially qualified.

E. Battered Immigrants The Subcommittee expects to conduct hearings on the implementation of relief from deportation for battered immigrant contained in prior law and expanded in the "Battered Immigrants Women Protection Act of 2000". The new relief should be monitored to assess the successes in protecting battered women as well as any unintended consequences and fraud. In addition, hearings may be held on the INS’s proposed regulation to expand asylum relief for victims of domestic abuse committed abroad.

F. Trafficking Victims The Subcommittee expects to conduct hearings on the implementation of the "Trafficking Victims Protection Act of 2000", which creates a new "T" nonimmigrant visa for victims of sex trafficking and slave labor in the United States. Possible fraud and abuse of the "T" visa would be examined as well as whether the problems addressed by the Act are greater than expected.

IV. Illegal Immigration

A. Illegal Immigration in Arizona The Subcommittee expects to conduct hearings on the effects on Arizona border residents and property owners of illegal border crossings along the Arizona border.

B. Relations with Mexico The Subcommittee expects to conduct hearings on how we may improve cooperation with the Mexican government on immigration issues.

C. Border Control The Subcommittee expects to conduct hearings on the situation along our southern border, the success of current border control initiatives such as "Operation Gatekeeper" in San Diego, and the necessity of additional resources.

D. Interior Enforcement The Subcommittee expects to conduct hearings on the INS’s efforts to find and remove illegal immigrants living and working in the interior of the United States, including 1) the employment eligibility verification pilot program, 2) INS’ worksite enforcement strategy, 3) INS’s "Quick Response Teams," and 4) the advisability of labor law protections for undocumented workers.

E. Smuggling of Foreign Nationals The Subcommittee expects to conduct hearings on recent trends in alien smuggling and methods for the detection, apprehension, prosecution and punishment of smugglers.

F. Expedited Exclusion The Subcommittee expects to conduct hearings on the implementation of the expedited exclusion provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

V. Criminal/Terrorist Aliens

A. Convention Against Torture The Subcommittee expects to conduct hearings on the implementation of the Convention Against Torture and its impact on the ability of the U.S. to deport terrorist and criminal immigrants.

B. Secret Evidence/Terrorism Courts The Subcommittee plans to conduct hearings on the use by the Federal government of classified evidence against foreign nationals in deportation and detention proceedings. A significant number of members believe that the use of such evidence by an immigration judge or Federal court violates basic civil rights when the evidence is not made available to the foreign nationals or her attorney. Other members believe that the government should not have to choose between deporting an foreign nationals involved with a terrorist group and divulging before open court the names and methods of intelligence operatives (and other sensitive information). In addition, the Subcommittee plans to examine why the Federal terrorism court has never been used in its four years of statutory existence.

C. Removal of Aliens The Subcommittee expects to conduct hearings on the implementation of new procedures to remove criminal and illegal immigrant provided by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and on the effects of the INS’s newly issued guidelines for the use of prosecutorial discretion in the deportation of criminal immigrant.

D. Detention of Foreign Nationals The Subcommittee expects to conduct hearings on the Immigration and Naturalization Service’s capability to detain criminal and illegal immigrants and to meet the detention requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and on the condition of INS detention facilities. In particular, the Subcommittee will look at the INS’s interpretation of Section 236(c) of the Immigration and Naturalization Act.

E. INS Institutional Removal Program The Subcommittee expects to conduct hearings on the IRP. Under this program, the INS is supposed to locate criminal immigrant still serving their criminal sentences in State or Federal prisons, then initiate removal proceedings (if the person is deportable), and complete the proceedings prior to the person’s prison release date so that the foreign national can either be immediately removed from the U.S. or released into society when the sentence is completed.

VI. Fraud Issues

A. INS Forensics Laboratory The Subcommittee expects to conduct hearings on the INS’s one forensics lab for all deportation/removal cases nationwide. The lab is significantly understaffed and underfunded. Because document fraud is a ubiquitous problem, thousands of case documents are sent to the lab. However, the lab is so backlogged that many documents are not examined in time for the next scheduled hearing in a case months later. Immigration judges usually grant one continuance if forensic results have not yet been received, but results are now so delayed that immigration judges have ceased granting continuances. As a result, cases go forward in which the trial attorney suspects fraud, and the foreign national may receive relief from deportation.

B. Document Fraud Section 274C of the Immigration and Nationality Act prohibits document fraud. The INA also provides for charging an foreign national who is the subject of a final order for violating section 274C with inadmissibility or deportability. In a class action suit against the INS (Walters v. Reno, 145 F.3d 1032 (9^th Cir. 1998) cert. denied 119 S. Ct. 1140 (1999)), the class members claimed that the INS was violating the Due Process Clause by issuing final orders to foreign nationals violating section 274C. The Ninth Circuit affirmed the Washington district court’s decision, which found that the INS had in fact violated the persons’ due process rights. As such, foreign nationals are now being charged with document fraud as a ground of inadmissibility or deportability.

C. Visa Processing at INS Service Centers and the Labor Department The Subcommittee expects to conduct hearings on the extent to which the INS Regional Service Centers and the Labor Department are approving family and employment based visa petitions with little examination or investigation of possible fraud and are not personally interviewing the beneficiaries (i.e., to see if a bona fide marriage exists, if the beneficiary is working for the sponsoring employer, or if the person has the requisite work experience).

D. Voting by Aliens The Subcommittee expects to conduct hearings on improper voting by foreign nationals in the 2000 elections and the Justice Department’s utilization of provisions that were contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 making such voting a criminal and deportable offense.

VII. Cultural/Societal Issues

A. Immigrant Population Growth The Subcommittee expects to conduct hearings on the impact immigration has had and will continue to have on U.S. population growth, urban sprawl, economic growth and the environment.

B. Assimilation of Immigrants The Subcommittee expects to conduct hearings on the extent to which recent immigrants have been assimilating and making important contributions to American society.

C. Affirmative Action and Immigrants The Subcommittee expects to conduct hearings on the eligibility and use of affirmative action programs involving foreign nationals.

D. Dual Nationality The Subcommittee expects to conduct hearings on the policy implications of the widening acceptance worldwide of dual nationality.

VIII. Miscellaneous Issues

A. New Affidavit of Support The Subcommittee expects to conduct hearings on the effects of new affidavit of support required by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Sponsors of immigrants now must sign a legally binding affidavit promising to provide for the support of the immigrants until they naturalize.

B. Contempt Regulations The Justice Department has recently issued regulations authorizing immigration judges and the Board of Immigration Appeals with contempt power over the attorneys, representatives, and parties that appear before them. These courts should be monitored to ensure that this new power is not abused.

C. Due Process Protections for Immigrants Hearings on due process rights as they apply to immigrants in light of changes made in IIRIRA.

D. NACARA Oversight Hearings on NACARA and whether it should be revised or extended.

E. Oversight of the status of long time immigrants present in the United States Hearings on the immigration registry date.