6/7. Rep. Jim McDermott (D-WA) introduced HR 2607 [LOC | WW] the "Internet Gambling Regulation and Tax Enforcement Act of 2007", a bill to amend the Internal Revenue Code to provide for the licensing of internet gambling operators that pay state and federal taxes.

This bill was referred to the House Ways and Means Committee. Rep. McDermott is a member. The bill has no original cosponsors.

This bill would give the Director of the Department of the Treasury's (DOT) Financial Crimes Enforcement Network (FinCEN) authority to license any "Internet gambling operator". It further provides that "The Director shall grant licenses under this subchapter if, in the Director's sole discretion, the applicant meets the criteria set by the Director and is generally fit to engage in the business of Internet gambling."

The bill does not elaborate on the meaning of "fit to engage". Rather, it focuses on collection of taxes.

The bill provides that "No person shall receive a license ... unless the person implements the following requirements with respect to any Internet bet or wager -- (A) appropriate mechanisms to ensure that all taxes relating to Internet gambling due to Federal and State governments from individuals engaged in Internet gambling are collected at the time of any payment of any proceeds of Internet gambling; (B) appropriate mechanisms to ensure that all taxes relating to Internet gambling due to Federal and State governments from any persons licensed under this Act are collected as required by law ..."

See also, story titled "En Banc Panel of DC Circuit Affirms Judgment that Rep. McDermott Violated the Wiretap Act" in TLJ Daily E-Mail Alert No. 1,573, May 2, 2007.

6/8. The House Financial Services Committee (HFSC) held a hearing titled "Can Internet Gambling Be Effectively Regulated to Protect Consumers and the Payments System?" Witnesses disputed whether or not the age and location of internet gamblers can be verified.

Rep. Frank's Bill. Rep. Barney Frank (D-MA), the Chairman of the HFSC, is the sponsor of HR 2046 [LOC | WW], the "Internet Gambling Regulation and Enforcement Act of 2007".

HR 2046 would not repeal the Unlawful Internet Gambling Enforcement Act (UIGEA), the recently enacted law that targets the financial transactions associated with internet gambling. Rather, the bill would exempt from the provisions of the UIGEA financial transactions with licensed operators of internet gambling facilities.

Also, the bill does not expressly repeal or amend the federal Wire Act, or preempt any state laws banning any types of gambling or internet gambling. However, the bill provides that "It shall be a defense against any prosecution or enforcement action under any Federal or State law against any person possessing a valid license under this subchapter that the activity is authorized under and has been carried out lawfully under the terms of this subchapter".

See, story titled "Rep. Frank Introduces Bill to Facilitate Licensed Internet Gambling" in TLJ Daily E-Mail Alert No. 1,574, May 3, 2007.

Witness Testimony. Jon Prideaux (Asterion Payments) previously worked for Visa in Europe, and is now a consultant. He wrote in his prepared testimony [10 pages in PDF] that "Gambling is a legal, regulated business in the UK and in a number of other European countries."

In addition, he wrote that "The UK Government has an explicit strategy to try to make the UK a jurisdiction of choice for Internet gambling companies", and that "Gaming operators are some of the largest companies in the country."

He continued that internet gambling is "regulated and taxed by the UK Government".

He argued that "at all stages of the process, precisely because the Internet gambling environment takes place in the electronic environment, the degree of control that can be applied far exceeds that which can be applied in the face to face environment where cash is the normal currency. Internet gamblers cannot be anonymous and all the activity that they undertake can be regulated and controlled through a variety of different processes."

Gerald Kitchen, CEO of SecureTrading Ltd., a UK company that operates a financial payments business that specializes in the processing and settlement of internet payments, wrote in his prepared testimony [12 pages in PDF] that his company supports HR 2046.

He wrote that "From the text of the Internet Gambling Regulation and Enforcement Act of 2007 certain financial transactions are likely to be permitted. To the extent that this is the case, I respectfully offer to the Committee that there is, today, the technological and process capability in place to permit those legal transactions to occur -- with protections in place to prohibit underage or compulsive gambling, organized crime, money laundering and fraud."

Jeff Schmidt, CEO Authis, a provider of identity and security-related products and services to the financial industry, wrote in his prepared testimony [3 pages in PDF] that verifying the age and geographic location of internet gamblers is difficult.

He wrote that "When considering the proposed legislation, it is critical to consider that Internet age verification can not be done reliably and as such one must conclude that motivated minors will in fact easily and regularly circumvent the system."

He also wrote that "reliable determination of the geographic location of individuals/devices on The Internet is simply not possible."

Greg Hogan Sr., a Baptist pastor, wrote in his prepared testimony [PDF] that his son is "in prison for a robbery he committed to feed his online gambling addiction".

Radley Balko (Reason Magazine) wrote in his prepared testimony [PDF] that "What Americans do in their own homes with their own money on their own time is none of the federal government's business."

See also, prepared testimony [4 pages in PDF] of Michael Colopy (Aristotle, Inc.).

6/7. The U.S. Court of Appeals (5thCir) issued its opinion [16 pages in PDF] in Pruett v. Harris County, a first amendment freedom of speech case. The Court of Appeals accepted most parts of a constitutional challenge to a Texas statute that prevented bail bondsmen from notifying persons of arrest warrant information that Texas publishes on the internet. However, the Court upheld the statute's ban on communications after 9:00 PM.

Carl Pruett and Scott Martin are bail bondsmen. Harris County is a political subdivision of the state of Texas. Houston is in Harris County. It maintains and publishes the Harris County Justice Information Management System (JIMS), which is accessible via the internet. It contains, among other things, names and addresses of persons arrested and subjects of arrest warrants. Although, Harris County delays publication of arrest warrant information information for 48 after issuance of the warrant. Pruett and Martin use this JIMS data to notify persons of their bail bond services.

The state of Texas enacted a statute that limits the legality of this practice. The statute provides that "A bail bond surety, an agent of a corporate surety or an employee of the surety or agent may not make, cause to be made, or benefit from unsolicited contact:
  (1) through any means, including in person, by telephone, by electronic methods, or in writing, to solicit bonding business related to an individual with an outstanding arrest warrant that has not been executed, unless the bail bond surety or agent for a corporate surety has an existing bail bond on the individual; or
  (2) in person or by telephone to solicit bonding business: (A) that occurs between the hours of 9 p.m. and 9 a.m.; or (B) within 24 hours after: (i) the execution of an arrest warrant on the individual; or (ii) an arrest without a warrant on the individual."

The rationale of the legislature is primarily public safety. That is, if persons are notified by bail bondsmen that there are outstanding warrants, they become flight risks, they are more likely to physically harm officers or others, and they are more likely to destroy evidence.

Yet, the statute restricts communications regarding information that the state has already made publicly available on the internet; it restricts communications after arrest; it also restricts communications in situations where the state has sent notice to a person that there is an arrest warrant.

The other rationale is protection of privacy of the persons contacted by bail bondsmen.

Pruett and Martin filed a complaint in U.S. District Court (SDTex) against Harris County and the Harris County Bail Bond Board alleging, among other things, violation of the First Amendment free speech clause.

The District Court granted summary judgment to the Pruetts and enjoined enforcement of the statute.

The Court of Appeals affirmed in part and reversed in part.

The Supreme Court has created classes of speech, including commercial speech. See, Central Hudson Gas & Elec. Corp. v. Pub. Serv. Comm’n of New York, 447 U.S. 557 (1980), in which the Supreme Court described a four prong test to be applied to commercial speech.

The Supreme Court wrote, "In commercial speech cases, then, a four-part analysis has developed. At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest."

However, while the speech in the present case relates to bail, and the 8th Amendment provides that "Excessive bail shall not be required ...", the Court of Appeals held that the speech at issue is commercial speech. Hence, it accorded it a lower level of protection, pursuant to the Supreme Court's opinion in Central Hudson.

The Court of Appeals also determined that the restraint at issue is not content based.

The Court of Appeals held that the first part of the statute, which restricts communications to only those persons with whom the bondsmen already does business, fails to satisfy the Central Hudson test.

The Court of Appeals also held that the second part of the statute's 24 hour communications ban also fails to satisfy the Central Hudson test. However, it held that the second part of the statute's ban on communications after 9:00 PM survives Central Hudson scrutiny.

This case is Carl Pruett and Scott Martin v. Harris County Bail Bond Board and Harris County, U.S. Court of Appeals for the 5th Circuit, D.C. No. No. 05-20714, an appeal from the U.S. District Court for the Southern District of Texas. Judge Higginbotham wrote the opinion of Court of Appeals, in which Judges Wiener and Clement joined.

6/1. The U.S. Court of Appeals (DCCir) issued its opinion [22 pages in PDF] in Vonage v. FCC, vacating part of the Federal Communications Commission's (FCC) June 21, 2006 text [151 pages in PDF] imposing universal service taxes on interconnected voice over internet protocol (VOIP) providers. The Court of Appeals held that the FCC has statutory authority to tax VOIP service providers. However, it granted the petition for review, and vacated in part, because it found the FCC's "explanation wanting as to the pre-approval of traffic studies and the suspension of the carrier's carrier rule".

FCC Order Under Review. On June 21, 2006, the FCC adopted its Report and Order and Notice of Proposed Rulemaking. It provided, among other things, that the FCC will tax interconnected  VOIP providers. This expands the entities taxed to pay for the FCC's universal service subsidy program. This item also raises taxes on wireless service provides. However, it does not address the subsidy side of the program.

This order requires "interconnected VoIP services" to pay universal service taxes. It further states that the FCC has defined "interconnected VoIP services" as "those VoIP services that: (1) enable real-time, two-way voice communications; (2) require a broadband connection from the user’s location; (3) require IP-compatible customer premises equipment; and (4) permit users to receive calls from and terminate calls to the PSTN." The FCC's order also sets the percentage of revenues subject to taxation, and raises the rate at which wireless providers are taxed.

See, story titled "FCC to Tax Interconnected VOIP Service Providers" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. The FCC released the text of this order on June 28, 2006. See, story titled "FCC Releases Order and NPRM Regarding VOIP and Universal Service Taxes" in TLJ Daily E-Mail Alert No. 1,403, June 30, 2006. This order is FCC 06-94 in Docket Nos. 06-122, 04-36, 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170.

The Court of Appeals held that the FCC "has statutory authority to require VoIP providers to make USF contributions". The Court also wrote that the FCC "acted reasonably in analogizing VoIP to wireline toll service for purposes of setting the presumptive percentage of VoIP revenues generated interstate and internationally".

FCC Chairman Kevin Martin stated in a release that "I am pleased that the Court has affirmed the Commission's action which ensures that USF contribution obligations are administered in a competitively and technologically neutral manner on all phone providers, including interconnected Voice over Internet Protocol (VoIP) providers."

Walter McCormick, head of the US Telecom, stated in a release that this opinion "is a victory for the FCC and universal service. While the court had questions with some of the minor mechanical parts of the order, this ruling reaffirms that VoIP providers must continue to contribute to universal service. The decision is great news for consumers and will help secure the future for universal service."

6/7. Johnnie Frazier, Inspector General of the Department of Commerce (DOC), resigned. See, Frazier's letter [PDF] to President Bush. See also, story titled "House Commerce Committee Leaders Write Gutierrez about Alleged Misconduct in Department of Commerce OIG" in TLJ Daily E-Mail Alert No. 1,572, May 1, 2007. Rep. Bart Stupak (D-MI), Chairman of the House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations, stated in a release that "Johnnie Frazier's resignation merely confirms our worst fears that the fraud and misconduct at the office runs from the top on down throughout the ranks of the office ... Our investigation has already confirmed some of the allegations beyond this first one dealing with whistleblower retaliation that caused his forced resignation. For example, we have confirmed the trip by Johnnie Frazier and five of his subordinates to Atlantic City to gamble while on government time and per diem. Instead of attending a government sponsored conference, apparently the Inspector General and his staff thought their time would be better spent on slots and roulette. We are not done with this allegation nor the myriad other complaints we continue to receive about him and his office."

6/7. William Archey, head of the AeA, will retire. The AeA has not yet named a replacement. AeA is an acronym for American Electronics Association, a name no longer used by the group.

6/7. The Senate Judiciary Committee (SJC) approved the nomination of Robert James Jonker to be a Judge of the U.S. District Court for the Western District of Michigan. See, Congressional Record, June 7, 2007, at Page S7332.

6/5. The Senate confirmed James Glassman to be a member of the Broadcasting Board of Governors for a term expiring on August 13, 2007, and to be its Chairman. See, Congressional Record, June 5, 2007, at Page S7096.

The Senate will meet at 2:00 PM for morning business.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's weekly calendar [PDF].

1:00 PM. The Fiber to the Home Council (FTTH) will host a web seminar titled "Presenting on Next-Generation: FTTH Architectures and Enabling Technologies". See, notice, with registration and call in information.

5:30 PM. The House Appropriations Committee's Subcommittee on Commerce, Justice, and Science will meet to mark up its FY 2008 appropriations bill. The meeting will begin after the conclusion of an unrelated full committee markup scheduled for 5:30 PM. Location: Room 2358, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding installation of smaller antennas by Fixed Service (FS) operators. This NPRM is FCC 07-38 in WT Docket No. 07-54. See, notice in the Federal Register, April 25, 2007, Vol. 72, No. 79, at Pages 20494-20499.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. It will consider HRes 455 [LOC], a resolution regarding "National Internet Safety Month", under suspension of the rules, and HR __, the FY 2008 appropriations bill for the Department of Homeland Security (DHS), subject to a rule. See, Rep. Hoyer's weekly calendar [PDF].

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Trade Enforcement for a 21st Century Economy". The witnesses will be Dan Glickman (Motion Picture Association of America), Jennifer Hillman (Georgetown Law School), Robert Lighthizer (Skadden Arps Meagher & Flom), and Erik Autor (National Retail Federation). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Universal Service Fund: Assessing the Recommendations of the Federal-State Joint Board". The witnesses will be Deborah Tate (Federal Communications Commission), John Rooney (P/CEO of U.S. Cellular), Roger Nishi (Chairman of OPASTCO), Jonathan Foxman (P/CEO of Chinook Wireless), Joel Lubin (AT&T), and Everett Flannery (Kennebec County Sheriff's Office). See, notice. Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet regarding U.S. positions for a meeting of the Organization of American States Inter American Telecommunication Commission (CITEL) Permanent Consultative Committee II (Radiocommunication) which will prepare for the International Telecommunication Union World Radiocommunication Conference (WRC07). See, notice in the Federal Register, May 30, 2007, Vol. 72, No. 103, at Page 30045. Location: undisclosed.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host a brown bag lunch titled "DTV Transition: 88 Weeks and Counting". The speakers will be Andrew Long (Associate Chief of the FCC's Media Bureau), Eloise Gore (Assistant Chief of the FCC's Media Bureau's Policy Division), Evan Baranoff (Attorney Advisor in the FCC's Media Bureau's Policy Division), Gordon Godfrey (FCC's Media Bureau's Engineering Division), Nazifa Sawez (FCC's Media Bureau's Video Division), and Alan Stillwell (Senior Associate Chief of the FCC's Office of Engineering and Technology). For more information contact David O'Connor at david dot oconnor at hklaw dot com or 202-828-1889 or Erin Dozier at edozier at sheppardmullin dot com or 202-772-5312. Location: Holland & Knight, lower level, 2099 Pennsylvania Ave., NW.

1:00 - 3:00 PM. The House Science Committee (HSC) will hold a hearing titled "The Globalization of R&D and Innovation". See, notice. Location: Room 2318, Rayburn Building.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade, and Tourism will hold a hearing titled "U.S. Trade Relations with China". See, notice. Location: Room 256, Russell Building.

2:30 PM. The Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia will hold a hearing titled "Assessing Telework Policies and Initiatives in the Federal Government". See, notice. Location: __.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) State and Local Practice Committee will host a continuing legal education (CLE) seminar titled "State Legislative Update". The price to attend ranges from $50 to $125. See, registration form [PDF]. Registrations are due by 5:00 PM on June 8. Location: undisclosed.

10:00 AM. The House Foreign Affairs Committee's  Subcommittee on Terrorism, Nonproliferation, and Trade will hold a hearing titled "The United States-South Korea FTA: The Foreign Policy". The witnesses will be Karan Bhatia (Deputy U.S. Trade Representative) and Christopher Hill (Department of State). See, notice. Location: Room 2237, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its request for comments regarding Google's proposals regarding service rules for the 700 MHz band. The FCC states that "Google requests that the Commission clarify the service rules governing the 700 MHz bands and declare that the rules allow the use of ``dynamic auction mechanisms´´ such as real-time auctions and per-device registration fees. Google also requests that the Commission posit at least whether it would be in the public interest to mandate the use of such mechanisms for some, or even all, of the commercial spectrum to be auctioned in the 700 MHz bands. The document also seeks comment on Google's proposal that the unpaired 6 megahertz E Block (722-728 MHz) in the current Lower 700 MHz band plan should be designated primarily or exclusively to be used for deployment of broadband communications platforms.". This item is DA 07-2197 in WT Docket No. 06-150, WT Docket No. 06-169, PS Docket No. 06-229, and WT Docket No. 96-86. See, notice in the Federal Register, May 30, 2007, Vol. 72, No. 103, at Pages 29930-29933.

8:30 AM - 4:00 PM. Day one of a two day hearing of the U.S.-China Economic and Security Review Commission. This hearing will focus on the consequences of China's energy consumption. See, notice in the Federal Register: May 23, 2007, Vol. 72, No. 99, at Page 29042. Location: Room 385, Russell Building, Capitol Hill.

The 10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of an "Authorization of Subpoenas in Connection with Investigation of Legal Basis for Warrantless Wiretap Program", consideration of S 1145 [PDF | LOC | WW], the "Patent Reform Act of 2007", and consideration of the nomination of Leslie Southwick to be a Judge of the U.S. Court of Appeals (5thCir). The SJC rarely follows its published agenda. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The 700 MHz Auction: Public Safety and Competition". See, notice. Location: Room 253, Russell Building.

10:00 AM. The House Ways and Means Committee will hold a hearing on the Trade Adjustment Assistance program. See, notice. Location: Room 1100, Longworth Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a debate titled "Is the United States Falling Behind in Broadband? If so, What Should We Do About It?" The speakers will be Robert Atkinson (ITIF) and Scott Wallsten (Progress and Freedom Foundation). Breakfast will be served. Location: Lisagor Room, National Press Club, 529 14th St., NW.

9:30 AM - 4:00 PM. Day two of a two day hearing of the U.S.-China Economic and Security Review Commission. This hearing will focus on the consequences of China's energy consumption. See, notice in the Federal Register: May 23, 2007, Vol. 72, No. 99, at Page 29042. Location: Room 385, Russell Building, Capitol Hill.

9:30 AM - 4:30 PM. The Copyright Office (CO) will hold a public roundtable regarding 17 U.S.C. § 115 and "the use of the statutory license to make and distribute digital phonorecords, including for a limited period, and to make phonorecords that facilitate streaming". See, notice in the Federal Register, May 30, 2007, Vol. 72, No. 103, at Pages 30039-30042. Location: Copyright Office Hearing Room, Library of Congress, Room LM-408, 4th Floor, Madison Building, 101 Independence Ave., SE.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its collection of data on broadband deployment. This NPRM is FCC 07-17 in WC Docket No. 07-38. See, notice in the Federal Register, May 16, 2007, Vol. 72, No. 94, at Pages 27519-27535.

Deadline to submit to the the Copyright Office (CO) written or e-mail notifications of intent to testify at the CO's hearings on July 23 through July 26 regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000.

12:00 NOON. The Cato Institute will host a panel discussion titled "Trade Promotion Authority, R.I.P.?". The speakers will be former Rep. Cal Dooley (D-CA) and Dan Griswold (Cato). Lunch will be served. See, notice and registration page. Location: Room B-339, Rayburn Building.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Is Sarbanes-Oxley Impairing Corporate Risk-Taking?". The speakers will be Kenneth Lehn, Leonce Bargeron and Chad Zutter (all from the University of Pittsburgh's Katz Graduate School of Business), Charles Calomiris (AEI), Allen Ferrell (Harvard Law School), Kate Litvak (University of Texas at Austin School of Law), and Peter Wallison (AEI). See, notice. Location: AEI ____.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding FCC regulation of exclusive contracts for the provision of video services to multiple dwelling units (MDUs) and other real estate developments. The FCC adopted this NPRM on March 22, 2007, and released the text [19 pages in PDF] on March 27. See, stories titled "FCC Adopts MDU Forced Access NPRM" in TLJ Daily E-Mail Alert No. 1,556, March 26, 2007, and "FCC Releases MDU NPRM" in TLJ Daily E-Mail Alert No. 1,557, March 27, 2007. See also, notice in the Federal Register, April 18, 2007, Vol. 72, No. 74, at Pages 19448-19453. This NPRM is FCC 07-33 in Docket 07-51.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its request for comments updating its record on the Center for the Study of Commercialism's (CSC) Petition for Reconsideration regarding stations that air home shopping programming and their status. See, notice in the Federal Register, May 17, 2007, Vol. 72, No. 95, at Pages 27811-27813.

6/7. The U.S. District Court (DC) issued a Memorandum Opinion [10 pages in PDF] in Worldwide Network Services v. DynCorp International, a case arising out of contracts to provide communications and information technology services in Iraq and Afghanistan. This opinion only addresses the effect of forum selection clauses. The District Court (DC) transferred this case to the U.S. District Court for the Eastern District of Virginia. This case is Worldwide Network Services, LLC v. DynCorp International, et al., U.S. District Court for the District of Columbia, D.C. No. 06-1717-RJL, Judge Richard Leon presiding.

6/7. The House Judiciary Committee's (HJC) Subcommittee on Crime approved HR 660 [LOC | WW], the "Court Security Improvement Act of 2007". This bill contains one notable provision that is unrelated to court security. It would amend 28 U.S.C. § 296, by a adding the following: "However, a judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, shall have all the powers of a judge of that court, including participation in appointment of court officers and magistrates, rulemaking, governance, and administrative matters." In addition, this bill would amend 28 U.S.C. § 631 to also allow retired judges to participate in the selection of Magistrate Judges. The full Committee is scheduled to mark up this bill on June 13, 2007. The companion bill in the Senate is S 378 [LOC | WW]. The Senate approved this bill on April 19, 2007 by a vote of 97-0. See, Roll Call No. 135.

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