6/27. Rep. James Sensenbrenner (R-WI) introduced HR 2791, the "Patent and Trademark Fee Modernization Act of 2005", on June 8, 2005. This bill contains increases in user fees that implement the U.S. Patent and Trademark Office's (USPTO) 21st Century Strategic Plan. It provides for U.S. outsourcing of patent searches. It also provides for an end to the diversion of user fees to subsidize other government programs.

The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (CIIP) is scheduled to mark up HR 2791 at 10:00 AM on Tuesday, June 28.

HR 2791 (109th Congress) is very similar to HR 1561 (108th Congress), the "United States Patent and Trademark Fee Modernization Act of 2004". The House approved HR 1561 by a vote of 379-28, on March 3, 2004. See, Roll Call No. 38. See, story titled "House Passes USPTO Fee Bill" in TLJ Daily E-Mail Alert No. 849, March 4, 2004.

The Senate Judiciary Committee amended and reported the bill. However, the full Senate did not approve the bill.

Late last year the Congress enacted HR 4818 (108th), a huge omnibus appropriations bill that included funding for the USPTO. It included the fee increases of HR 1561, but only for FY 2005 and 2006. The appropriations bill also contained HR 1561's language regarding outsourcing patent searches to U.S. companies. However, it did not include HR 1561's language regarding ending fee diversion. See, story titled "Appropriations Bill Provides $1.54 Billion for USPTO, Temporary Fee Increases, But No End to Diversion" in TLJ Daily E-Mail Alert No. 1,023, November 22, 2004.

HR 2791 includes the fee diversion language. It provides as follows: "There is established in the Treasury a Patent and Trademark Fee Reserve Fund. If fee collections by the Patent and Trademark Office for a fiscal year exceed the amount appropriated to the Office for that fiscal year, fees collected in excess of the appropriated amount shall be deposited in the Patent and Trademark Fee Reserve Fund. After the end of each fiscal year, the Director shall make a finding as to whether the fees collected for that fiscal year exceed the amount appropriated to the Patent and Trademark Office for that fiscal year. If the amount collected exceeds the amount appropriated, the Director shall, if the Director determines that there are sufficient funds in the Reserve Fund, make payments from the Reserve Fund to persons who paid patent or trademark fees during that fiscal year. The Director shall by regulation determine which persons receive such payments and the amount of such payments, except that such payments in the aggregate shall equal the amount of funds deposited in the Reserve Fund during that fiscal year, less the cost of administering the provisions of this paragraph."

HR 2791 makes several changes to HR 1561. First, it changes the title of the bill by replacing 2004 with 2005.

Second, HR 2791 adds the following clause: "Title VIII of division B of the Consolidated Appropriations Act, 2005 (35 U.S.C. 41 note; Public Law 108-447; 118 Stat. 2924) is repealed." That is, the omnibus appropriations bill, HR 4818 (108th), became Public Law No. 108-447. Division B, Title VII, pertains to USPTO fees. Hence, this clause deletes the temporary two year implementation of the increases in fees. The bill makes them permanent.

Third, HR 2791 deletes the following clause from HR 1561: "EXISTING APPROPRIATIONS---The provisions of any appropriation Act that make amounts available pursuant to section 42(c) of title 35, United States Code, and are in effect on the effective date set forth in subsection (a) shall cease to be effective on that effective date."

6/27. Rep. Lamar Smith (R-TX) introduced HR 2955, the "Intellectual Property Jurisdiction Clarification Act of 2005", on June 16, 2005. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (CIIP) is scheduled to mark up HR 2955 at 10:00 AM on Tuesday, June 28.

Summary of HR 2955. First, HR 2955 would amend 28 U.S.C. § 1338, regarding "Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition". The section provides for jurisdiction in the U.S. District Courts.

Currently, 28 U.S.C. § 1338(a) provides that "The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases."

HR 2955 provides that "Section 1338(a) of title 28, United States Code, is amended by striking the second sentence and inserting the following: `No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights.´"

Second, HR 2955 would amend 28 U.S.C. § 1295, regarding "Jurisdiction of the United States Court of Appeals for the Federal Circuit".

Currently, 28 U.S.C. § 1295(a)(1) provides that "(a) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction -- (1) of an appeal from a final decision of a district court of the United States ... if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title, except that a case involving a claim arising under any Act of Congress relating to copyrights, exclusive rights in mask works, or trademarks and no other claims under section 1338 (a) shall be governed by sections 1291, 1292, and 1294 of this title; ".

HR 2955 provides that "Section 1295(a)(1) of title 28, United States Code, is amended to read as follows: `(1) of an appeal from a final decision of a district court of the United States ... in any civil action in which a party has asserted a claim for relief arising under any Act of Congress relating to patents or plant variety protection;´"

Third, HR 2955 would add a new Section 1454 to Title 28 regarding removal of cases to the U.S. District Court. It provides, in part, that "A civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights may be removed to the district court of the United States for the district and division embracing the place where such action is pending".

Holmes Group v. Vornado. These are subtle, but significant changes, in federal jurisdiction in intellectual property cases. The change to § 1338 clarifies that when a complaint is filed in state court that does not plead a cause of action under patent or copyright law, and then a counterclaim is plead under patent or copyright law, there is no jurisdiction in the state court over the patent or copyright claim. The amendments maintains federal court control over intellectual property cases and law.

Under the current statutes, as interpreted by the courts, there is uncertainty on the question of state jurisdiction over intellectual property counterclaims.

The uncertainty arises, in part, as a result of the Supreme Court's opinion in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826 (2002). See, story titled "Supreme Court Rules on Appellate Jurisdiction of Federal Circuit" in TLJ Daily E-Mail Alert No. 443, June 4, 2002. Basically, in the Holmes case the Supreme Court held that the Federal Circuit's appellate jurisdiction cannot be based solely upon a patent counterclaim.

Critics of the Holmes opinion have variously argued that it reduces will federal control over IP cases, reduce uniformity of patent law, and encourage forum shopping.

See also, article by Christopher Cotropia titled "`Arising Under´ Jurisdiction and Uniformity in Patent Law" in the Michigan Telecommunications and Technology Law Review.

In contrast, see article [33 pages in PDF] by Ravi Sitwala titled "In Defense of Holmes v. Vornado: Addressing the Unwarranted Criticism" in the NYU Law Review.

CIIP Subcommittee Hearing. The CIIP Subcommittee held an oversight hearing on this topic on March 17, 2005.

Sanjay Prasad, Chief Patent Counsel of Oracle, wrote in his prepared testimony that Holmes "calls into question the unification of patent law provided by the Court of Appeals for the Federal Circuit. Subsequent decisions by state courts in response to Holmes Group also call into question the exclusive jurisdiction of federal district courts over patent and copyright cases. Redistributing patent jurisdiction away from the Federal Circuit and patent and copyright law away from the federal courts will materially impact the uniformity of these important laws. The result will be greater uncertainty, unpredictability and cost in the resolution of intellectual property disputes."

Edward Reines of Weil Gotshal & Manges testified on behalf of the Federal Circuit Bar Association. He wrote in his prepared testimony [PDF] that in Holmes "the Supreme Court limited the appellate jurisdiction of the Federal Circuit to cases in which the patent infringement claim is first asserted in the complaint. Thus, a case in which the patent claim first appears in the counterclaim is no longer appealed to the Federal Circuit. Justice Scalia based the Court’s ruling, not on the Congressional intent behind the relevant statutes, and not on any policy justification, but on a very literalistic parsing of the involved statutes."

He continued that "Holmes Group creates two distinct problems. First, regional circuits have now begun hearing patent infringement disputes, albeit on an irregular basis, after 20+ years of not having decided patent cases at all. Which appeals court hears a particular patent appeal now depends on which particular pleading happens to contain the patent claim. Second, based on Holmes Group, state courts now are exercising jurisdiction over patent and copyright claims, even though such claims have been treated as within the exclusive jurisdiction of the federal courts for decades if not centuries.

See also, opening statement of Rep. Smith, prepared testimony [PDF] of Arthur Hellman (University of Pittsburgh School of Law) and prepared testimony [PDF] of Meredith Addy.

In addition, on March 14, 2005, Michael Kirk, Executive Director of the American Intellectual Property Law Association (AIPLA), wrote a letter [3 pages in PDF] to the CIIP Subcommittee requesting remedial legislation. He wrote that "AIPLA believes that the Holmes case has the potential to undermine the mandate of the Federal Circuit to bring uniformity to the patent law and that a legislative adjustment is needed to prevent this from occurring."

6/24. The U.S. Court of Appeals (1stCir) issued its opinion in Laffey v. Begin, a case regarding the First Amendment, radio broadcasting, and government regulation of political speech. The Court of Appeals found a procedural pretext for punting the case back to the District Court.

WPRO-AM is radio station located in the state of Rhode Island. It broadcast a weekly talk radio program that featured the Mayor of Cranston, Rhode Island, Stephen Laffey.

The Chairman of the Cranston City Council, a political rival of Laffey, filed a complaint with the Rhode Island State Board of Elections alleging that WPRO-AM's radio program constitutes a political contribution in violation of state election election. Laffey is not now an candidate for any office, state or federal.

Roger Begin is the Chairman of the Board of Elections.

The Board of Elections ordered Laffey to cease and desist from speaking via this radio program.

Laffey then filed a complaint in U.S. District Court (DRI) against Begin and the other members of the Board of Elections alleging that their order violates his rights under the First Amendment of the U.S. Constitution. The District Court denied Laffey's request for a preliminary injunction. Laffey then brought this interlocutory appeal.

After oral argument, the Board of Elections stayed the operation of the cease and desist order pending resolution of the state law questions by the Rhode Island Supreme Court. But, there is no pending action in state court. The Court of Appeals then determined that the issue on appeal, the denial of a preliminary injunction, is moot. It remanded the case to the District Court.

All of the underlying legal issues in the case pertaining to the First Amendment, broadcast speech, and government regulation of political speech, remain unresolved.

This case is Stephen Laffey v. Roger Begin, et al., App. Ct. Nos. 05-1750 and 05-1790, appeals from the U.S. District Court for the District of Rhode Island, Judge Mary Lisi presiding. Judge Selya wrote the opinion of the Court of Appeals, in which Judges Lynch and Howard joined.

6/24. The U.S. Court of Appeals (4thCir) issued its opinion [PDF] in Invention Submission Corporation v. Dudas, a case brought by an invention promoter against the U.S. Patent and Trademark Office (USPTO). This is the second time that this case has been before the Court of Appeals.

See, story titled "4th Circuit Rules USPTO Ad Campaign Was Not A Reviewable Final Agency Action" in TLJ Daily E-Mail Alert No. 839, February 18, 2004.

Invention Submission Corporation (ISC) filed a complaint in U.S. District Court (EDVa) against James Rogan, the former Director of the USPTO, in his official capacity. The action now bears the name of Jonathan Dudas, the current head of the USPTO.

ISC alleged violation of the Administrative Procedure Act (APA). ISC alleged that the USPTO's advertising campaign in 2002 to alert the public about invention promotion scams was aimed at ISC and harmed ISC. ISC alleged that this ad campaign was an illegal final agency action that was arbitrary and capricious, and that exceeded the statutory authority of the USPTO. The ad campaign did not mention ISC. However, it quoted an inventor who had paid money to ISC.

The District Court dismissed the complaint, pursuant to Rule 12(b)(6), for failure to state a claim upon which relief can be granted. ISC appealed.

The Court of Appeals, in its previous opinion, vacated and remanded with instructions that the District Court dismiss pursuant to Rule 12(b)(1), for lack of subject matter jurisdiction, on the grounds that the ad campaign was not a final agency action.

On remand, ISC filed a motion for leave to file an amended complaint for the purpose of avoiding the jurisdictional issue. The District Court denied the motion, and dismissed for lack of subject matter jurisdiction.

ISC appealed again. The Court of Appeals, in the present opinion, affirmed. It held that when it issues a mandate to dismiss a case, it means it.

This case is Invention Submission Corporation v. Jonathan Dudas, App. Ct. No. 04-2295, an appeal from the U.S. District Court for the Eastern District of Virginia, at Alexandria, Judge Leonie Brinkema presiding, D.C. No. CA-02-1038-1.

6/24. Charles Schneider was named Executive Director of the Federal Trade Commission (FTC). He was Deputy Administrator at the National Gallery of Art. Judith Bailey, who has been the acting Executive Director since January 2005, will return to the position of Deputy Executive Director. See, FTC release.

6/23. The Senate Commerce Committee approved by voice votes the nominations of Edmund Hawley (to be Assistant Secretary of Homeland Security for the Transportation Security Administration), Israel Hernandez (to be Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service), William Jeffrey (to be Director of the National Institute of Standards and Technology), Ashok Kaveeshwar (to be Administrator of the Research and Innovative Technology Administration at the Department of Transportation), David Sampson (to be Deputy Secretary of Commerce), and John Sullivan (to be General Counsel of the Department of Commerce). Hawley's nomination now goes to the Senate Homeland Security and Government Affairs Committee. See, SCC release.

6/24. The Federal Communications Commission (FCC) announced, but did not release, a notice of proposed rulemaking (NPRM) regarding International Fixed Public Radiocommunications Services (IFPRS). The FCC issued a short release [PDF] in which it states that this NPRM proposes to eliminate Part 23 of its rules, which govern IFPRS, and to apply part 101 of its rules, which governs domestic services, to the two remaining IFPRS licensees. This is Docket Nos. 00-248 & 05-216.

6/23. The Senate Judiciary Committee (SJC) held an executive business meeting. It held over consideration of S 751, the "Notification of Risk to Personal Data Act".

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider numerous non-technology related items under suspension of the rules. See, Republican Whip Notice.

The Senate will meet at 1:00 PM for morning business. At 3:00 PM the Senate will resume consideration of HR 2361, the Interior appropriations bill.

The Supreme Court will meet. It will probably issue opinions in MGM v. Grokster, regarding copyright and peer to peer systems, and NCTA v. Brand X, regarding regulation of broadband internet services.

8:00 AM - 5:00 PM. Day one of a two day workshop hosted by the National Institute of Standards and Technology (NIST) regarding the Federal Information Processing Standards (FIPS) 201 implementation. Registration is required. See, notice in the Federal Register, June 9, 2005, Vol. 70, No. 110, at Pages 33734. Location: undisclosed.

1:00 - 5:00 PM. The Antitrust Modernization Commission will hold a hearing on indirect purchaser litigation. See, notice in the Federal Register, June 27, 2005, Vol. 70, No. 109, at Pages 33447 - 33448. Location: Federal Trade Commission, 600 Pennsylvania Avenue, NW, Room 432.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) in its proceeding titled "In the matter of Amendment of the Commission’s Rules to Facilitate the Use of Cellular Telephones and other Wireless Devices Aboard Airborne Aircraft". The FCC adopted this NPRM on December 15, 2004. See, story titled "FCC Announces NPRM on Cellphones in Airplanes" in TLJ Daily E-Mail Alert No. 1,039, December 16, 2004. See also, story titled "FCC Adopts Order and NPRM Regarding Air Ground Service in the 800 MHz Band" in TLJ Daily E-Mail Alert No. 1,040, December 17, 2004. The FCC released the text [28 pages PDF scan] of this NPRM on February 15, 2005. This NPRM is FCC 04-187 in WT Docket No. 04-435. See, order [2 pages in PDF] (DA 05-1015) dated April 5, 2005 extending deadlines.

Extended deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its notice in the Federal Register pertaining to deemed exports. The BIS seeks comments regarding the report [64 pages in PDF] written by the Department of Commerce's (DOC) Office of Inspector General (OIG) titled "Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Foreign Nationals in the U.S.". See, Federal Register, March 28, 2005, Vol. 70, No. 58, at Pages 15607 - 15609. See also, notice in the Federal Register, May 27, 2005, Vol. 70, No. 102, at Pages 30655 - 30656.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to its Public Notice [PDF] regarding the United Telecom Council (UTC) request to be the Access Broadband over Power Line (Access BPL) database manager. This is DA 05-1637, dated June 9, 2005, in ET Docket No. 04-37.

The 800 MHz band reconfiguration will begin, in the National Public Safety Planning Advisory Committee (NPSPAC) regions assigned to Wave 1. See, public notice [5 pages in PDF] of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau. The FCC adopted a report and order on July 8, 2004 that addressed the problem of interference to 800 MHz public safety communications systems from Commercial Mobile Radio Services (CMRS) providers operating systems on channels in close proximity. See, story titled "FCC Adopts Report and Order Regarding Interference in the 800 MHz Band" in TLJ Daily E-Mail Alert No. 936, July 13, 2004. This public notice is DA 05-1546 in WT Docket No. 02-55.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will take up HR 3057, the "Foreign Operations, Export Financing and Related Programs Appropriations Act for Fiscal Year 2006". See, Republican Whip Notice.

8:00 AM - 5:00 PM. Day two of a two day workshop hosted by the National Institute of Standards and Technology (NIST) regarding the Federal Information Processing Standards (FIPS) 201 implementation. Registration is required. See, notice in the Federal Register, June 9, 2005, Vol. 70, No. 110, at Pages 33734. Location: undisclosed.

9:00 AM. The Senate Finance Committee will meet to mark up S 1307, a  bill to implement the Dominican Republic -- Central America -- United States Free Trade Agreement, and SJRes18, a resolution approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003. Location: Room 216, Hart Building.

9:30 AM. Day one of a two day hearing of the Federal Election Commission (FEC) regarding its proposed rules regarding regulation of speech on the internet. See, notice and notice in the Federal Register, Vol. 70, No. 63 April 4, 2005, at pages 16967 - 16979. See also, list of witnesses, with links to written comments. Location: FEC, 999 E Street, NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (CIIP) will meet to mark up HR 2791, the "Patent and Trademark Fee Modernization Act of 2005", and HR 2955, the "Intellectual Property Jurisdiction Clarification Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. This hearing will be webcast by the HJC. Location: Room 2141, Rayburn Building.

CANCELLED. 10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will meet. See, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Page 31470. Location: FCC, 445 12th St., SW, Room TW-305. See, notice of cancellation in the Federal Register, June 22, 2005, Vol. 70, No. 119, at Page 36169.

10:30 AM. The Heritage Foundation will host a panel discussion titled "Restoring Fairness to the Judicial Confirmation Process in the United States Senate". The speakers will be Sen. Bill Frist (R-TN) and former Attorney General Ed Meese. See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 - 3:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet by teleconference. See, Public Notice numbered DA 05-1620, and dated June 9, 2005.

3:00 - 5:00 PM. The House Science Committee's Subcommittee on Environment, Technology, and Standards will hold a hearing titled "Small Business Innovation and Research: What is the Optimal role of Venture Capital?". The witnesses will be Ron Cohen (CEO of Acorda Technologies), Ann Eskesen (President of Innovation Development Institute, and Jonathan Cohen (CEO 20/20 Gene Systems). Press contact: Joe Pouliot at 225-0581 or joe dot pouliot at mail dot house dot gov. Location: Room 2318, Rayburn Building.

Day one of a four day conference of the Wireless Communications Association International (WCA) titled "WCA 2005". See, FCC notice and notice in the Federal Register, June 14, 2005, Vol. 70, No. 113, at Pages 34477 - 34478.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on vulnerabilities in the U.S. passport system. See, notice. Location: Room 562, Dirsksen Building.

9:30 AM. Day two of a two day hearing of the Federal Election Commission (FEC) regarding its proposed rules regarding regulation of speech on the internet. See, notice and notice in the Federal Register, Vol. 70, No. 63 April 4, 2005, at pages 16967 - 16979. See also, list of witnesses, with links to written comments. Location: FEC, 999 E Street, NW.

? 10:00 AM. The Senate Commerce Committee (SCC) may hold a hearing on "Spectrum/DTV". This event is not on the SCC's calendar. It is on a Senate calendar. Press contact: Melanie Alvord (Stevens) at 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. Location: Room 253, Russell Building.

10:00 AM. The House Science Committee's Subcommittee on Research will hold a hearing titled "Nanotechnology: Where Does the U.S. Stand?". The witnesses will be Floyd Kvamme (Co-Chair of the President's Council of Advisors on Science and Technology), Padmasree Warrior (CTO of Motorola), Sean Murdock (NanoBusiness Alliance), and Matthew Nordan (Lux Research). Press contact: Joe Pouliot at 225-0581 or joe dot pouliot at mail dot house dot gov. Location: Room 2318, Rayburn Building.

10:00 AM. The House Homeland Security Committee's Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity will hold a hearing titled "Improving Pre-Screening of Aviation Passengers against Terrorist and Other Watch Lists". Location: undisclosed.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Analyze This: Financial Analysts Explain the Impact of Telecom Regulation on Investors". The speakers will be Rudolfo Baca (Precursor Group), Paul Glenchur (Stanford Washington Research Group), and Susan Lynner (Prudential Financial). No RSVP necessary. For more information, contact Debrea Terwilliger at 202 383-3349 or debrea dot terwilliger at wbklaw dot com, or Jason Friedrich at 202 354-1340 or jason dot friedrich at dbr dot com. Location: Willkie Farr & Gallagher, 1875 K Street, NW, 2nd Floor.

2:00 PM. The House Armed Services Committee will hold a hearing titled "Small Business Technologies". Some of the witnesses will address electronics and information technologies. Location: Room 2118, Rayburn Building.

Day two of a four day conference of the Wireless Communications Association International (WCA) titled "WCA 2005". See, notice. Location: Marriott Wardman Park Hotel.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

? The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) may meet to mark up HR 2795, the "Patent Act of 2005". Rep. Lamar Smith (R-TX), the Chairman of the CIIP Subcommittee, announced this meeting at a hearing on June 9, 2005. See, story titled "House CIIP Subcommittee Holds Hearing on Patent Bill" in TLJ Daily E-Mail Alert No. 1,151, June 10, 2005. However, this meeting does not appear on the Committee's calendar. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The SJC frequently cancels meetings without notice. See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee's Subcommittee on Technology, Innovation, and Competitiveness will hold a hearing on health information technology. The witnesses will be David Brailer (Department of Health and Human Services), Carolyn Clancy (DHHS), Hratch Semerjian (National Institute of Standards and Technology), Jonathan Perlin (Department of Veterans Affairs), Susan Bostrom (Cisco Systems), John Glaser (Partners HealthCare System), Peter Basch (MedStar Health), Pamela Pure (McKesson Corporation), and Karen Ignagni (America’s Health Insurance Plans). See, notice. The hearing will be webcast. Press contact: Melanie Alvord (Stevens) at 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov. Location: Room 253, Russell Building.

11:00 AM - 12:00 PM. The National Science Foundation's (NSF) National Science Board's Committee on Programs and Plans will meet. The agenda includes "Review of NSF draft Cyber Infrastructure Vision document" and "Next steps for developing a Board-approved High Performance Computing Strategy for NSF". See, notice in the Federal Register: June 22, 2005, Vol. 70, No. 119, at Page 36213. Location: NSF, Public Meeting Room 130, 4201 Wilson Boulevard, Arlington, VA.

12:00 NOON - 1:30 PM. The Advisory Committee to the Congressional Internet Caucus will host a panel discussion titled "The U.S. Patriot Act and E-Surveillance". The speakers will be William Moschella (Department of Justice), James Dempsey (Center for Democracy and Technology), and Emily Sheketoff, (American Library Association). See, notice. Lunch will be served. RSVP to rsvp@netcaucus.org or 202 638-4370. Location: Room HC-5, Capitol Building.

Day three of a four day conference of the Wireless Communications Association International (WCA) titled "WCA 2005". See, notice. Location: Marriott Wardman Park Hotel.

Deadline to submit initial comments to the Copyright Office's Copyright Royalty Board regarding its interim regulations governing the organization, administration, and procedures of the Copyright Royalty Board. See, notice in the Federal Register, May 31, 2005, Vol. 70, No. 103, at Pages 30901 - 30916.

The House may meet at 9:00 AM for morning hour. See, Republican Whip Notice.

Day four of a four day conference of the Wireless Communications Association International (WCA) titled "WCA 2005". See, notice. Location: Marriott Wardman Park Hotel.

Effective date of the final rule of the Department of the Treasury's (DOT) Office of the Comptroller of the Currency (OCC), the DOT's Office of Thrift Supervision (OTS), the Federal Reserve System, and the Federal Deposit Insurance Corporation (FDIC) implementing § 216 of the Fair and Accurate Credit Transactions Act of 2003, which is also known as the FACT Act. The FACT Act was HR 2622 in the 108th Congress. It is now Public Law No. No. 108-159. § 216 of the FACT Act adds a new § 628 to the Fair Credit Reporting Act (FCRA) that pertains to protecting consumers against the risks associated with unauthorized access to information about the consumer contained in a consumer report, such as fraud and related crimes, including identity theft. The FCRA is codified at 15 U.S.C. § 1681 et seq. The new section is codified at 15 U.S.C. § 1681w. See, notice in the Federal Register, December 28, 2004,  Vol. 69, No. 248, at Pages 77610 - 77621. See also, story titled "Financial Regulators Publish Notice of Final Rule Implementing Section 216 of FACT Act" in TLJ Daily E-Mail Alert No. 1046, December 29, 2004.

Deadline to submit comments to the Antitrust Modernization Commission (AMC) in response to the AMC's request for public comments regarding the Robinson-Patman Act. See, notice in the Federal Register: May 19, 2005, Vol. 70, No. 96, at Pages 28902 - 28907.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its public notice regarding refreshing the record on issues raised in the Further Notice of Proposed Rulemaking (FNPRM) related to carrier identification code (CIC) conservation and the definition of "entity" as found in section 1.3 of the CIC Assignment Guidelines. This public notice is DA 05-1154 in CC Docket No. 92-237; it was released on April 26, 2005. See, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Pages 31405 - 31406.

Deadline for states and telecommunications relay services (TRS) providers to file with the Federal Communications Commission (FCC) their annual consumer complaint log summaries. See, FCC notice.

Independence Day.

The House will not meet on Monday, July 4 through Friday, July 8. See, House calendar.

The Senate will not meet on Monday, July 4 through Friday, July 8. See, Senate calendar.

The Federal Communications Commission (FCC) and other federal offices will be closed for Independence Day. See, Office of Personnel Management's (OPM) list of federal holidays.

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