I. War on Terrorism. The Committee will examine the Department of Justice’s counterterrorism efforts, including implementation of the USA PATRIOT Act and the use of other authorities to detect, investigate, and prevent terrorist attacks without undue intrusions on privacy and civil liberties, including the use of the Attorney General’s Investigative Guidelines, detention authorities, data mining as an investigative tool, and money laundering regulations.

II. Federal Law Enforcement Information Sharing. The Committee will examine the progress made by the Justice Department and other federal agencies to share information among themselves to prevent terrorism.

III. Department of Homeland Security. The Committee will conduct oversight on the Department of Homeland Security’s role in securing the Nation against terrorism, including the operations of all law enforcement functions transferred to the Department and coordination with federal, state, and local law enforcement.

• Modernization of the Antitrust Laws. The Committee will monitor the work of the Antitrust Modernization Commission established by the 21st Century Department of Justice Authorization Act (Public Law 107-296) last Congress. The Committee will also continue to consider modernization of the antitrust laws in light of the new economy, especially with respect to 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.

• Defense Industry. The Committee plans to consider the potential anticompetitive implications of continuing consolidation in the defense sector.

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

• 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.

• Electricity Deregulation. The Committee will consider the antitrust implications of proposed electricity deregulation legislation.

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

• 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 and the impact of expected FCC actions on competition in the broadband industry.

• 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.

• Media Consolidation. The Committee will examine the role of the Justice Department in media consolidation.

• Standard Setting Exemption. The Committee will examine the need for an exemption from the antitrust laws for discussions and agreements to set standards within various industries.

• Health Care Antitrust. The Committee will examine whether allowing health care providers to collectively bargain with insurance providers will result in improved health care practices.

V. 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.

VI. 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.

VII. 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.

VIII. Electoral Reform. The Committee will conduct oversight on implementation of the Help America Vote Act of 2002.

IX. Digital Divide. The Committee will examine the "digital divide" – the divide between those with access to new technologies and those without.

X. Whistleblowers. The Committee will examine whistleblower protections in the Federal Government.

XI. Internet Gambling Commission. The Committee will examine the feasibility of establishing a commission to (1) study Federal, state, and local laws governing online wagering, and (2) issue guidelines for regulating Internet gambling.

XII. U.S. Olympic Committee. The Committee expects to review whether the U.S. Olympic Committee, a federally-chartered organization, has complied with the responsibilities expressed in its charter and the Ted Stevens Olympic and Amateur Sports Act. The Committee also will review the extent to which the USOC’s structure and accountability controls enable it to comply with its Federal mandate.

XIII. Trade Agreements. The Committee will examine the impact of trade agreements on antitrust, immigration, and intellectual property laws and on the limitations such agreements may place on Congress’s ability to legislate in these areas.

I. Administrative Process and Procedure.  The Subcommittee has jurisdiction over legislation affecting the rulemaking and adjudicatory procedures of Federal agencies. According to the GAO, federal agencies promulgated 12,216 rules during the period of January 2000 to December 2002. In 2002 alone, 3,921 rules were promulgated, including 49 "major" rules (defined as rules having an annual effect of $100 million or more on the national economy). Oversight of the administrative process and procedure will continue to be an important aspect of the Subcommittee’s oversight agenda during the next Congress.

• Administrative Taxation. Congress has plenary power to impose and raise taxes. Agency rules that impose or raise taxes or have the effect of imposing or raising taxes may interfere with this Congressional authority. During the 108^th Congress, the Subcommittee expects to continue to review: (1) agency rules and adjudicatory findings that may have the effect of imposing or raising taxes; and (2) whether such actions are taken with congressional authorization.

• Congressional Review Act. The Congressional Review Act provides a legislative mechanism for Congress to invalidate proposed agency rules. As in prior Congresses, the Subcommittee will continue to serve as a resource for congressional staff about the Act as well as the procedural requirements that underlie its effective implementation. The Subcommittee may conduct oversight hearings as deemed necessary.

• 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 of proposed rules. The Subcommittee will continue its oversight of the judicial review provisions of SBREFA and may conduct an oversight hearing on the administrative and constitutional aspects of the nondelegation doctrine during the 108^th Congress.

• Agencies as Policymakers. The Subcommittee expects to continue to research whether, and, if so, to what extent agencies compete for policymaking primacy with the legislative branch. Agency practices that the Subcommittee may 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 efforts by agencies to ignore or circumvent statutory requirements imposed by Congress.

• 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 non-controversial, others raise questions concerning the separation of powers between the branches. During previous Congresses, the Subcommittee has held hearings and considered legislation. While no legislation has been reported, many Members expressed a shared recognition that compromise legislation in this area was likely to garner bipartisan support. The Subcommittee expects continued oversight in this area.

II.  Agencies

• Legal Services Corporation. The Subcommittee has authorizing jurisdiction over several executive branch agencies and other entities, including the Legal Services Corporation (LSC). During the 106^th and 107^th Congresses, the Subcommittee conducted oversight hearings on allegations that LSC grantees over-counted the cases they handled and with respect to LSC’s compliance with legislative restrictions. It is anticipated that the Subcommittee will continue to monitor the Corporation’s progress on these issues and other matters during the 108^th Congress.

• Other Agencies. In addition to LSC, the Subcommittee has authorization responsibility for the following executive branch agencies: the Executive Office for United States Attorneys, the Civil Division of the Department of Justice, the Environment and Natural Resources Division of the Department of Justice, the Executive Office for United States Trustees, and the Office of the Solicitor General. In addition, the Subcommittee has authorization responsibility of the Federal bankruptcy court system. The Subcommittee conducted hearings and engaged in oversight of these entities during the previous three Congresses and anticipates continuing those efforts.

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 several compacts during the last three Congresses that 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 effort 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. During the 107^th Congress, the Subcommittee conducted an oversight hearing on the Alabama-Coosa-Tallapoosa River Basin Compact and the Apalachicola-Chattahoochee and Flint River Basin Compact with respect to the status and progress of the signatory states’ efforts to implement these Compacts.

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 last three Congresses, the Subcommittee has held numerous hearings on comprehensive bankruptcy reform legislation. In addition, the Subcommittee in the 107^th Congress held a hearing on a proposed settlement of litigation pertaining to the Federal Communication Commission’s attempted cancellation of a Chapter 11 debtor’s spectrum licenses. Additional matters that may be considered by the Subcommittee in the next session include oversight of whether Chapter 11 fosters anti-competitive advantages; issues relating to the treatment of mass torts in bankruptcy; and whether the Bankruptcy Code unduly restricts the ability of governmental agencies to issue and rescind licenses issued to debtors.

• Effect of Bankruptcy on Pensions. The Subcommittee will continue to study the impact of the bankruptcy law on pensions and will determine if the Bankruptcy Code provides adequate protections for employee pensions, wages, and benefits in bankruptcy cases and proceedings.

• Family Farmers. The Subcommittee may consider holding a hearing on Chapter 12 of the Bankruptcy Code.

• Creditor Abuse/ Predatory Lending Practices. The Subcommittee may consider holding a hearing on predatory lending practices.

V. Privacy.  The Subcommittee will continue its oversight of the privacy ramifications of agency actions, including rulemaking, inter-agency administration, and regulatory enforcement.

VI. Specific Statutory Oversight

• 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.

• 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.

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

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

• Administrative Procedure Act. The Subcommittee has jurisdiction over the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) and other legislation affecting the rulemaking and adjudicatory procedures of Federal agencies. The Subcommittee anticipates oversight of these areas to determine whether the APA can be improved and/or streamlined. The Subcommittee also expects to examine whether APA procedures are being observed and whether amendments and additional statutory protections are advisable.

• Federal Arbitration Act. The Subcommittee has jurisdiction over the Federal Arbitration Act (9 U.S.C. 1 et seq.), which was originally enacted in 1925 to facilitate and encourage the enforcement of arbitration agreements. The Subcommittee anticipates oversight of the operation of the Act to assess how well it has achieved its intended purposes.

• Voluntary Arbitration. The Subcommittee will examine mandatory arbitration clauses found in franchise agreements.

VII. State Taxation Affecting Interstate Commerce. The Subcommittee has jurisdiction over state taxes that affect interstate commerce. The Subcommittee anticipates that it will consider several legislative initiatives in this area and, in addition, will conduct continuing oversight, when necessary. Legislative and oversight issues may include: the internet tax moratorium, business activity taxes, and the collection of sales and use taxes from remote vendors.

VIII. Civil Remedies Against Sports Agents for Predatory Practices. The Subcommittee will conduct oversight of the contracts entered into by predatory sports agents and amateur athletes to determine the appropriate remedies for athletes and schools who are wronged by such practices.

IX. Natural Resources. The Subcommittee will examine the role of the Justice Department's Environment and Natural Resources Division ("ENRD") in federal law enforcement on public lands, such as the National Parks, the National Forests, and other public lands owned by the United States government. The Subcommittee will increase its oversight of ENRD's work with agencies charged with preventing the theft of forest products and minerals, illicit drug production, and the poaching of wildlife.

I. The Death Penalty. The Subcommittee will consider the constitutional issues raised by the implementation of the death penalty in the states, including its application to persons later found innocent and steps to prevent such application.

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 will review the work of the Commission, its management , and its implementation of GAO’s 1997 management recommendations.

III. Civil Rights Division, U.S. Department of Justice. The Subcommittee will examine 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, law enforcement practices, voting rights, 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.

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

V. Congressional Authority Under the Commerce Clause. In light of recent Supreme Court decisions limiting Congress’ authority to enact legislation under the Commerce Clause, the Eleventh Amendment, and section 5 of the Fourteenth Amendment, the Subcommittee plans to consider the boundaries of the Commerce Clause and the importance of such boundaries to our federalist system.

VI. Office of Government Ethics. The Subcommittee will consider the priorities and operation of the Office of Government Ethics, including current financial disclosure requirements.

VII. Athletic Opportunities under Title IX. The Subcommittee will examine the findings of the Title IX Commission on Athletic Opportunities regarding the impact of Title IX on collegiate sports.

VIII. Admissions Policies. The Subcommittee will consider admissions policies adopted in the states in the wake of affirmative action litigation and referenda, such as Washington, Georgia, Texas, Florida, and California.

IX. Property Rights. The Subcommittee will consider the current state of the protection and enforcement of property rights.

X. 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 and the funding of faith-based social services through vouchers.

XI. Abortion. The Subcommittee will examine the constitutionality and enforcement of federal and state statutes that relate to the performance of abortions.

XII. War on Terrorism. The Subcommittee will consider constitutional issues associated with the War on Terrorism, including the use of military tribunals for the trial of captured unlawful combatants.

XIII. DNA Technologies. The Subcommittee will examine constitutional issues associated with the implementation of various DNA database programs.

XIV. Environmental Justice. The Subcommittee will examine the enforcement of Title VI of the Civil Rights Act of 1964 by the U.S. Environmental Protection Agency, Office of Civil Rights.

XV. Freedom of Access to Clinic Entrances (FACE). The Subcommittee will conduct oversight of the enforcement of the FACE Act.

XVI. Violence Against Women Civil Rights Remedy. The Subcommittee will examine enforcement of the Violence Against Women Act in light of the U.S. Supreme Court's ruling in U.S. v. Morrison.

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.

• 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 conduct oversight on the Federal Judicial Branch and the functioning of the Administrative Office.

• Judicial Misconduct. Last term the Subcommittee conducted an oversight hearing on the relevant judicial misconduct statutes. Based on the hearing testimony, amendments to the 1980 discipline and disability act – the mechanism by which citizen complaints may be formally registered against federal judges – were included in the DOJ bill. Among other things, these revisions make the statute more "user- friendly"and clarify the responsibilities of a chief judge when reviewing complaints. The Committee may now wish to follow-up on these efforts by conducting further oversight to determine whether this self-policing construct is working well.

• Judgeship Bill. Although the Department of Justice Authorization bill (Pub. L. 107-273) contained additional judgeships (eight new judgeships, four converted from temporary to permanent status, and seven temporary judgeships), the Judicial Conference has requested more. The Committee may wish to explore the merits of this request, including the criteria invoked by the Judicial Conference when gauging workloads and resource needs.

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 copyright industry 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)

• 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 further oversight on the changing needs and efficient operation of that office.

• 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 sustains massive cuts in the future.

• Hardware Piracy. There is no shortage of data detailing the volume of hardware piracy internationally which implicates copyright interests. As a practical matter, this data essentially sets forth the estimated number of movie/music/software CDs/CD-ROMs/DVDs, etc., that are pressed and sold illegally to millions of consumers worldwide. The International Intellectual Property Alliance (IIPA) catalogues these abuses on a country-by-country basis. In addition, there is evidence that this piracy funds organized crime pursuits and, possibly, terrorist activities.

• Digital Rights Management (DRM). One of the major issues driving the DRM debate is the issue of the "analog hole." The analog hole refers to the ability of new technologies (e.g., digital televisions and recordable dvd players) to make digital copies of analog broadcasts, thereby facilitating piracy. This is a major concern of copyright owners still broadcasting in analog format during the transition to high-definition television (HDTV).

Another important aspect of the debate is the potential for massive piracy of unprotected content once the transition to HDTV is complete. One solution strongly supported by content owners is the "broadcast flag." Broadcast flag refers to technology embedded in a digital broadcast transmission to prevent its unauthorized redistribution. As a result, several of the major movie studios were successful in convincing Senator Hollings to introduce legislation in the 107^th Congress, S. 2048, which would impose government standards aimed at preventing digital theft of copyrighted works (movies, music) on software/ hardware manufacturers; i.e., the software/hardware manufacturers would be required to create and pay for a technological solution to digital theft of music and movies. Software/hardware manufacturers believe that the market and standard customer-vendor relationships should determine the outcome.

The FCC recently initiated a proposed rule-making on digital broadcast copy protection. The Commission specifically sought comments on the jurisdictional basis for Commission rules dealing with digital broadcast television copy protection. Chairman Sensenbrenner, Representatives Conyers, Coble, and Berman, and Senator Leahy sent a letter to FCC Chairman Powell reminding him of their jurisdiction over copyright and their concern over FCC action that could affect the exclusive rights granted under copyright law (especially that pertaining to digital broadcast copy protection). The staff of the FCC has contacted the Subcommittee staff in an effort to begin a dialogue while the Commission reviews the submissions and makes a final determination.

DRM and the music/movie issues effectively illustrate the predominant theme in the copyright world today: How do we protect digital works which are so easy to steal and copy, while at the same time encouraging rights holders to develop business models that provide more choice for consumers? The legal rights of purchasers of content will also be the subject of review.

III. U.S. Patent and Trademark Systems

• U.S. Patent and Trademark Office (PTO). The 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 examine the operations of the PTO. This will be part of a continuing review.

• In June 2002 PTO Director Jim Rogan released a "Strategic Business Plan" outlining his vision for transforming agency operations, with the intent of improving patent and trademark quality while reducing work backlogs. Representatives of the affected user groups have endorsed portions – but not all – of the Plan. They continue to work behind the scenes with PTO officials to develop areas of consensus, including a possible fee increase, that could form the basis of a PTO authorization bill.

• Improving PTO efficiency is critical in terms of securing more revenue for the agency through the appropriators.

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• 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.

• USPTO operations: computer system, relocation, and new facility. 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.

• 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, more than $800 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.

• Bayh-Dole Act. The Bayh-Dole Act of 1980 imposes reporting, licensing, and other requirements on private businesses which conduct research, wholly or partially subsidized with federal grants, that result in patents and patentable inventions. Among its provisions, the Act confers a royalty-free license upon the government to make and use any federally-subsidized invention. The Committee may wish to explore whether grantees and the affected federal agencies are complying with the law.

• Hatch-Waxman Reform. Hatch-Waxman is the 1984 law that establishes the rules-of-the-road for the development of pharmaceutical products, including generic brands, as well as the patent rules which govern term. Given the topicality of prescription drug reform, it is possible that an oversight hearing is warranted.

• Dilution. Since 1995, the dilution theory grants protection to strong, well-recognized trademarks even when no likelihood of confusion exists due to use of similar trademarks on distinctly different and unrelated goods. To illustrate, dilution prevents someone from appropriating a Mercedes trademark (or a close facsimile) and using it to sell paper clips. A case recently argued before the Supreme Court (Victor’s Little Secret v. V Secret Catalogue) has called into question the extent to which an aggrieved trademark holder must prove damages when alleging infringement by dilution. Depending on the outcome of the case, the Committee may wish to revisit the federal dilution statute on this issue.

• Business Method Patents. The Subcommittee will examine the proliferation of business method patents. Concerns exist about the quality of such patents, and the effects they will have on innovation in both the software and Internet industries. The examination will include a review of PTO initiatives to address these concerns.

• Narco-terrorism. The Subcommittee will examine the nexus between international drug trafficking and terrorism and the Federal law enforcement effort in identifying, investigating, and dismantling organizations involved in terrorism and drug trafficking.

• 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.

• Diversion of Controlled Pharmaceuticals. The Subcommittee will examine the Drug Enforcement Administration’s investigative response to the diversion of controlled pharmaceuticals with a particular emphasis on the drug OxyContin. Controlled pharmaceuticals account for 30 percent of all reported deaths and injuries associated with drug abuse.

• Medical Marijuana. The Subcommittee will continue to monitor Federal law enforcement efforts in aggressively enforcing federal drug laws relating to the sale and distribution of marijuana in States that have passed contrary laws. State laws in Oregon, Alaska, Hawaii, and California allow medical use of marijuana under specified conditions. However, under Federal law, marijuana is still classified as a Schedule I drug and is therefore still illegal.

• Drug Sentencing. The Subcommittee will examine the disparity in drug sentencing as a result of the Sentencing Commission’s amendments to the Sentencing Guidelines.

II. Prisons

• 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.

• 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 and the costs of such grants.

III. Federal Assistance to State and Local Law Enforcement. The Subcommittee will continue to monitor the Justice Department’s state and local law enforcement grant 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 FBI’s implementation of its reorganization plan, new security policies, the USA PATRIOT Act, and coordination with state and local law enforcement. Additionally, the Subcommittee will continue to monitor the FBI’s efforts to update its computer systems.

VI. The Federal Bureau of Prisons (BOP). The Subcommittee will conduct extensive oversight of the management practices of the BOP. 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, the costs associated with increased prison construction, and the Federal prison industries program.

VII. Department of Homeland Security. The Subcommittee will conduct oversight of the law enforcement components, including the U.S. Secret Service, U.S. Customs, U.S. Coastguard.

VIII. 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. Sentencing Guidelines

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

• Downward Departures. The Subcommittee will examine to what extent Courts are imposing sentences more lenient than those prescribed by the sentencing guidelines particularly in cases involving drug smuggling and child pornography.

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

XI. Juvenile Justice. The Subcommittee will continue to review the Justice Department’s implementation of the Juvenile Justice Act which became law last Congress.

XII. Domestic Terrorism. The Subcommittee will continue oversight regarding our national laws and strategy for combating domestic terrorism, including the efforts of the Departments of Justice and Homeland Security to coordinate.

XIII. Law Enforcement Training. The Subcommittee will examine the efficiency and effectiveness of the various law enforcement training programs by the Departments of Justice and Homeland Security.

XIV. Death Penalty. Oversight will be conducted on the Federal and state administration of the death penalty, including an examination of its application to persons later found innocent and efforts to limit such application.

XV. Law Enforcement Accountability. The Subcommittee will examine policies, procedures, and incentives for local police organizations to ensure (1) that incidents of misconduct will be minimized, and (2) that allegations of misconduct are investigated and prosecuted appropriately. Oversight will also examine the roles and responsibilities of federal law enforcement within the Departments of Justice and Homeland Security.

XVI. Re-entry of Ex-Offenders Programs. Oversight will be conducted on programs designed to improve employment, citizenship and reduce recidivism rates for prisoners re-entering their communities after incarceration passed last Congress.

XVII.Office of Justice Programs. Oversight will be conducted on the restructuring of the Office of Justice Programs to consolidate programs and reduce duplication

XVII. Identity Theft/Fraud. The Subcommittee will examine the efforts of the Department of Justice, and other federal agencies, to reduce Identity theft and Identity fraud including the use of fingerprints and other biometric identifiers.

XIX. Information Sharing. The Committee will oversee information sharing between Federal, state, and local authorities, including implementation of USA PATRIOT and Homeland Security powers.

XX.  Re-enfranchisement of Ex-Offenders. The Subcommittee will conduct oversight on whether convicted felons who have been released from incarceration should have the right to vote in Federal elections.

XXI. Corporate Fraud. The Committee will conduct oversight on remedies for corporate fraud, including implementation of the Sarbanes-Oxley Act and prosecution of white collar crime.

XXII. Criminal Copyright Enforcement. The Committee will examine Department of Justice’s efforts to prosecute Internet copyright infringers.

XXIII. Government Surveillance. The Subcommittee will conduct oversight of the use of surveillance authority under the USA PATRIOT Act and the Cyber Security Enhancement Act.

I. Transfer of Immigration Functions to the Department of Homeland Security.  The Subcommittee expects to conduct ongoing oversight of the transfer under the Homeland Security Act (Pub. L. 107-296) of the Department of Justice’s Immigration and Naturalization Service’s functions of immigration law enforcement and immigration service to the Department of Homeland Security. The goal will be to ensure that the transfer goes smoothly and as Congress intended and that it results in improved performance of both immigration functions by the federal government.

• Immigration Benefit Adjudication. The Subcommittee’s review of immigration service transfer will focus on: (1) the current backlogs in adjudicating benefit and service applications; (2) the degree of coordination between the service bureau and the two enforcement bureaus in the provision of services; and (3) the customer service aspects of benefit and service adjudications. The review also will focus on the progress the Department is making on complying with section 461 of the Homeland Security Act, which requires that the Secretary, by January 24, 2004, (1) establishes an Internet-based system to permit those who have filings with the Department to obtain information about the processing status of those filings, and (2) report to Congress on the feasibility of online filing of immigration benefit applications.

• Unaccompanied Alien Children. The Subcommittee will examine the treatment of unaccompanied alien children, including whether the Justice Department has transferred an adequate amount of funding and personnel to the Health and Human Services Office of Refugee Resettlement to enable ORR to perform the functions (transferred to it pursuant to the Homeland Security Act) related to the care and placement of such children.

II. Implementation of the USA PATRIOT Act and the Enhanced Border Security and Visa Entry Reform Act.  The Subcommittee expects to conduct oversight on implementation of the immigration-related provisions of both the USA-PATRIOT Act (Pub. L. 107-56) and the Enhanced Border Security and Visa Entry Reform Act (Pub. L. 107-173). Regarding the USA-PATRIOT Act, these include the requirement that the INS and the State Department have access to the criminal history record information possessed by the National Crime Information Center’s Interstate Identification Index, the new terrorist-related grounds of inadmissibility and the utilization of the power to detain aliens certified as suspected terrorists. Regarding the Enhanced Border Security and Visa Entry Reform Act, these include the requirement that federal law enforcement agencies and the intelligence community provide information to the State Department needed to screen visa applicants and to the INS needed to screen applicants for admission, the establishment of an entry-exit system, and the requirement that U.S. visas be issued with biometric identifiers.

III. National Security Issues. 

• Vulnerability of the Immigration System to Manipulation by Terrorists. The Subcommittee expects to conduct oversight on how to make the U.S. less vulnerable to the manipulation of our immigration system by terrorists.

• NSEERS. The Subcommittee expects to conduct oversight on the National Security Entry Exit Registration System, that requires the registration of adult male foreign nationals from countries that are state sponsors of terrorism or that have an active terrorist infrastructure. The Subcommittee will examine the national security implications of NSEERS and concerns raised about its impact on civil liberties.

• Border Security on Federal Lands. The Subcommittee will conduct oversight on the security problems in National Parks, National Forests, and other public lands that are situated on the Northern and Southern Borders. The Subcommittee will evaluate options for improving the physical demarcation of the national borders, as an important step in preventing accidental border incursions and improving law enforcement cooperation with Mexico and Canada.

• Border Security and the Caribbean. The Subcommittee will conduct oversight on the special issues attendant upon the irregular border comprised by the Carribean island nations and U.S., British and French territories in the Gulf of Mexico. Existing visa arrangements and the difficulty of establishing the national identity of travelers in this region will be examined.

• INS Information Technology. The Subcommittee will conduct oversight on the major information technology systems that manage and control visa authentication and immigration law enforcement, including those now situated within the Department of Homeland Security and those in the Department of State.

• Convention Against Torture. The Subcommittee expects to conduct oversight on the implementation of the Convention Against Torture and its impact on the ability of the U.S. to deport criminal aliens.

• Cooperation of State and Local Law Enforcement in Identifying Criminal Aliens. The Subcommittee expects to conduct oversight on issues involved with the cooperation of state and local law enforcement agencies with the INS in the identification of criminal aliens.

• Removal of Aliens. The Subcommittee expects to conduct oversight on the implementation of new procedures to remove criminal and illegal immigrants provided by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and on the effects of the Justice Department’s guidelines for the use of prosecutorial discretion in the deportation of criminal immigrants.

• Detention of Foreign Nationals. The Subcommittee expects to conduct oversight on the federal government’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 alien detention facilities.

• The Institutional Removal Program. The Subcommittee expects to conduct oversight on the IRP. Under this program, the federal government is supposed to locate criminal aliens serving their sentences in state or federal prisons, then initiate removal proceedings (if the person is deportable), and complete the proceedings prior to the aliens’ release from prison so that they can be immediately removed from the U.S. or released into society when the sentence is completed.

• Use of Classified Evidence. The Subcommittee plans to oversee the use by the Federal government of classified evidence in removal proceedings.

V. Illegal Immigration

• Mexican Issued Identification Cards. The Subcommittee expects to conduct oversight on the use of Mexican identification documents (called matricula consulars) by illegal aliens to provide identification to federal, state and local officials and banks and other businesses.

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

• Border Control. The Subcommittee expects to conduct oversight 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.

• Interior Enforcement. The Subcommittee expects to conduct oversight on the federal government’s efforts to find and remove illegal aliens living and working in the interior of the United States, including 1) the employment eligibility verification pilot program, 2) INS’ worksite enforcement strategy and 3) "Quick Response Teams."

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

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

• Identity Fraud and Theft. The Subcommittee expects to conduct oversight on the use by illegal aliens of identity fraud and identity theft and the impact on victims of identity theft.

• Legalization of Illegal Aliens. The Subcommittee expects to examine the effects of a general legalization of illegal aliens who have lived in the United States for a long time.

VI. Impact of Immigration Policy on the American Economy and Society

• Effect on American Workers and Employers. The Subcommittee expects to conduct oversight on the impact of low-skilled immigrants on American workers, the workforce needs of U.S. employers in the 21st century, and ways to make the legal immigration system more responsive to these needs.

• Immigrant Population Growth. The Subcommittee expects to conduct oversight on the impact immigration has had and will continue to have on U.S. population growth, urban sprawl, economic growth, rural development, cultural diversity, neighborhood and community revitalization, the promotion of family values, religious life, and the environment.

• Assimilation of Immigrants. The Subcommittee expects to conduct oversight on the extent to which lawful immigrants, refugees, asylees, and other newcomers have successfully integrated into and made important contributions to American society. This will include a review of existing public, private, and non-profit programs that seek to assist newcomers integrate into American society and what new efforts the Federal government might undertake to assist lawful newcomers in their efforts to better understand and participate in American civic and cultural life.

• Dual Nationality. The Subcommittee expects to conduct oversight on the policy implications of the widening acceptance of dual nationality.

VII. Legal Immigration Reform.

• Guestworkers. The Subcommittee expects to conduct oversight on the advisability of creating new guestworker programs, both for agricultural workers and for service industry workers. The oversight 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.

• The H-1B Visa Program. The Subcommittee expects to conduct oversight on the H-1B visa program for temporary professional workers. The Subcommittee expects to assess whether the expanded annual quota of H-1B visas should be extended or allowed to expire, and the continuing benefits of the H-1B program to high-tech employers and the program’s impact on American high-tech workers in light of the present state of the economy.

• Legal Immigration Family Equity Act. The Subcommittee expects to conduct oversight on the effects of the LIFE Act included in the Commerce, Justice and State Departments appropriations bill for fiscal year 2001, regarding the 1986 legalization program . The Subcommittee also will examine the family-based immigration system, with a focus on the backlog in priority dates for the family-based immigration preference categories.

• Trafficking Victims. The Subcommittee expects to conduct oversight on the implementation of the "Trafficking Victims Protection Act of 2000", that creates a new "T" nonimmigrant visa for victims of sex trafficking and slave labor in the United States. Areas for review include: (1) possible fraud and abuse, (2) whether the problems addressed by the Act are greater than expected, (3) whether worthy individuals who attempt to make use of the visa are being served by the Act, (4) whether the threshold age of cooperation is unreasonably low, (5) whether the law provides recipients of visas with adequate opportunity to be assisted by close family members, and (6) whether the number of T visas that the law provides for is adequate to meet the needs of victims and prosecutors.

• Student Visas. The Subcommittee expects to conduct oversight on the implementation of the foreign student tracking system.

• Diversity Visas. The Subcommittee will hold hearings on the viability of a State Department proposal requiring diversity visa lottery applicants to apply electronically and the impact such a program would have technologically underdeveloped nations where the availability of computers and compatible telecommunications equipment is severely limited and unreliable.

VIII. Fraud Issues

• Immigration Benefit Fraud. The Subcommittee expects to conduct oversight on whether the federal government has improved its ability to uncover fraudulent applications and petitions for visas and other immigration benefits. In the past, INS Regional Service Centers and the Labor Department approved family and employment based visa petitions with little examination or investigation of possible fraud and did 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).

• Voting by Aliens. The Subcommittee expects to conduct oversight on improper voting by foreign nationals in the 2002 elections and the 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.

• Fraud by INS Contractors and Employees. The Subcommittee will examine instances of fraud committed by INS contract workers and employees and the impact such fraud has had on individuals with business before the INS. Instances of such fraud include the 2003 indictment of two contract workers for destroying over 90,000 backlogged documents at a service center in Southern California. The review will cover the extent to which such fraud has harmed immigrants, such as subjecting such persons to mandatory detention, deportation, denial of benefits, or other adverse actions. The Subcommittee will consider whether immigration laws that impose penalties on immigrants should be modified to take into account such fraud or incompetence.

IX. Welfare/Healthcare Issues

• New Affidavit of Support. The Subcommittee expects to conduct oversight on enforcement efforts, if any, by the federal government of the 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 naturalization.

• Burden on Local Hospitals. The Subcommittee expects to conduct oversight on the burden placed on border area and other hospitals by their duty to provide medical care to illegal aliens without compensation.

X. Refugee and Asylum Programs

• Refugee Admissions and Adjudications. The Subcommittee expects to examine the process by which the Administration identifies and admits refugees into the United States for resettlement.

• Access of Women Refugees and Refugee Camp Long-Stayers to Refugee Program. The Subcommittee will examine the populations of refugees who are long-stayers in refugee camps; their access to and qualification for the Refugee Program; the Program’s ability to identify and process qualified candidates from these camps; and problems that women refugees have in accessing the Program and the ability of the Program to identify and process qualified women candidates.

• Impact of Asylum Adjustment and Coercive Family-Planning Caps. The Subcommittee will examine the impact on refugee-seekers, asylum-seekers, and asylees (1) of the annual cap on adjustments of asylum seekers found in section 209(b) of the Immigration and Nationality Act, and (2) of the annual cap on the granting of refugee and asylum status based on coercive family planning practices, found in section 207(a)(5) of the INA.

• Treatment of Haitian and Cuban Asylum Seekers. The Subcommittee will examine the treatment afforded Haitian and Cuban asylum seekers who are encountered on the high seas, in U.S. territorial waters, or on U.S. soil.